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Item 10ACity of Southlake Department of Planning S T A F F R E P O R T April 12, 2006 ZA05-128 CASE NO: Preliminary Plat for Proposed Bella Lago Subdivision PROJECT: REQUEST: On behalf of Marylyn E. Miles, Maxxus Development, L.P. is requesting approval of a preliminary plat proposing nine single family residential lots on 13.09 acres. The original submission shown on Page 1 of Attachment ‘C’ proposed a 10 lot preliminary plat with 1 lot existing residential lot and 9 new buildable. The revised proposal shows 8 new buildable lots with 1 existing residential lot. This plat was originally submitted concurrently with a request for “SF-1A” single family residential zoning. The plat was tabled by the applicant until the April 6, 2006 Planning and Zoning Commission meeting and the “SF-1A” zoning request moved forward to the City Council. The zoning change was denied and the plat was not withdrawn by the applicant and still requires a City Council action. The Planning and Zoning Commission denied the plat (5-0) on April 6, 2006. The plat does not meet the requirements of the underlying “AG” agricultural zoning regulations. Consider approval of preliminary plat ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Revised Plat Review Summary No. 2, dated December 2, 2005. (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 05-128 BACKGROUND INFORMATION OWNER: Marylyn E. Miles APPLICANT: Maxxus Development, L.P. PROPERTY SITUATION: The property is located at 2970 Burney Lane and the property behind the properties located at 2930 to 2970 Burney Lane. LEGAL DESCRIPTION: Lot 10, Block 2, Harbor Oaks and Tract 5, situated in the R. Price Survey, Abstract No. 1207 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “SF-1A” Single Family Residential District HISTORY: -A final plat was approved by City Council on April 15, 1980. -A plat revision was filed in September of 1980. -City Council approved the “SF-1A” zoning for the subdivision with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan does not make any recommendations for roadways adjacent to the proposed subdivision. Existing Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with Burney Lane. Currently, Burney Lane is a 2-lane, undivided residential roadway. The capacity of the existing roadways is approximately 8,400 vehicle trips per day. Under this condition, the roadways would be considered to operate under a level of service ‘D’. This development is not expected to warrant expansion of the existing roadway network. No plans for improvement in the near future have been made for Burney Lane. Case No. Attachment A ZA 05-128 Page 1 Traffic Impact Use # Lots Vtpd* AM-AM-PM-PM- IN OUT IN OUT Single-Family Residential 9 86 2 5 6 3 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on Burney Lane. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements adjacent to this site. WATER & SEWER: An 8-inch water line exists along the east side of Burney Lane. No sanitary sewer lines are located within close proximity to the site. The applicant is proposing to use private septic systems. DRAINAGE COMMENTS: The lots on the east side of the proposed street drain to the proposed storm drain system which will carry the storm water to the proposed detention pond. The detention pond will outfall into the existing channel directly north of the development. The lots on the west side of the street will sheet flow directly into the existing channel. TREE PRESERVATION: The site is heavily wooded with typical Cross Timber type vegetation of numerous Post Oaks and associated understory vegetation. Other trees that may be existing on the site are Black Hickory, Cedar Elm, Black Jack Oak, Ash and American Elm which would be closer to the floodplain area of the site. From the shape of the existing flood plain on lots 2, 5 and 6, the construction of homes on these lots may possibly require reclamation of flood plain area. Grading plans are not required to be submitted with the submittal of Concept Plans so it is difficult to determine how proposed grading and construction would affect the flood plain and existing trees outside of buildable areas. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Plan Area ‘E’ study area to include the following changes: Land Use Recommendations  Existing land use designation – Low Density Residential. Environment Resource Recommendations  Protect and enhance critical environmental and natural features, with particular emphasis on trees and floodplains. Allow floodplains, wetlands, and streams to remain in a natural state and preserve a tree buffer around these features. The Environmental Resource Protection Map specifically identifies most of the site as a priority area for protection. Building pads Case No. Attachment A ZA 05-128 Page 1 should be located to maximize tree preservation and to avoid the floodplain. P&Z ACTION: November 17, 2005; Approved to table (5-0) until December 8, 2005. The Commission held discussion with Mr. Housmans and Mr. Lyle. The Commission agreed the following issues needed to be further addressed:  determine where the flood plain is located  determine the buildable area of each of the lots  tree plan  further determine drainage plan  fencing illustrations  deed restrictions regarding stables or barn type structures  location of horse trail  skeptical regarding the proposed septic system plans being realistic and the impact of the systems on the existing trees  concerns about the easement / dedicated right of way December 8, 2005; Approved to table (7-0) until January 5, 2006. January 5, 2006; Approved to table (6-0) until January 19, 2006. The following are the issues that were discussed prior to tabling:  Consideration of the Environmental Resource Protection aspect of the Southlake 2025 Land Use Plan.  Infringement upon the flood plain  The configuration, elimination, or combining of lots  Specifically, lots 5, 6, and 2 are too close  Reduce to 7 lots  Long term effects of aerobic septic systems  No perimeter fencing that would hinder wildlife movement  Eliminate horse trail  Incorporate a wildlife easement  Look at deed restricting street parking in order to narrow the roadway… making sure any changes are acceptable to the Fire Dept.  Tree Preservation January 19, 2006; Approved to table (7-0) until February 9, 2006. The following items were stated prior to tabling:  Show us a plan with 7 new lots  Show on plan each pad site; all easements; all strips and buffers; and materials used for strips and buffers  tree preservation plan; including trees you are going to mitigate and/or add across the south and the east Case No. Attachment A ZA 05-128 Page 1  consider different form for wildlife easement or migration pattern – seeking staff’s assistance  location of septic  view shed map retention area  show areas to replant and vegetation that will be put in  detail of retention area  drainage flows  work with the neighbors February 9, 2006; Approved to table until the April 6, 2006 meeting. April 6, 2006; Denied (5-0) STAFF COMMENTS: Attached is Revised Plat Review Summary No. 2, dated December 2, 2005. N:\Community Development\MEMO\2005cases\05-128PP.doc Case No. Attachment A ZA 05-128 Page 1 Case No. Attachment B ZA 05-128 Page 1 PRVIOUSLY SUBMITTED PRELIMINARY PLAT Case No. Attachment C ZA 05-128 Page 1 REVISED PRELIMINARY PLAT Case No. Attachment C ZA 05-128 Page 1 PLAT REVIEW SUMMARY ZA05-128Two12/02/05 Case No.: Revised Review No.: Date of Review: Preliminary Plat – Bella Lago Project Name: APPLICANT: Maxxus Development, L.P. SURVEYOR: Encompass Solutions, LTD Errol Housemans Jack Lyle 2720 N. Stemmons Frwy, Tower South – 300 2720 N. Stemmons Frwy, Tower South – 702 Dallas, TX 75207 Dallas, TX 75207 Phone: (214) 876-1738 Phone: (214) 540-8518 Fax: (214) 292-0441 Fax: (214) 540-6991 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/31/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602. 1)All lots must comply with the underlying zoning district regulations. This property is currently zoned “AG” and is subject to receiving approval of an appropriate change of zoning. A proposal to rezone to “R-PUD” is being processed currently. 2)Show the tract line between the two tracts north of the proposed subdivision owned by David George. 3)The following changes are needed with regard to easements: a)Where adjacent property is un-platted or platted showing a 5’ U.E., provide a 5’ U.E. along the property line. If adjacent property is platted and shows no easement, provide a 10’ U.E. along the interior of the property line. However, Staff recommends that easements be placed only where needed to provide necessary utility services and, where possible, be placed in a manner that minimized impacts on existing quality trees. Utility easements are needed for franchise utilities. b)Off-set the drainage easement between Lots 8 & 9 so that it is entirely contained within one lot or the other. 4)Correct the front building setback line on Lot 1 along Burney Lane to be 40’. 5)Show and label the 100 year floodway, 100 year floodplain and the Grapevine Reservoir Flowage Easement defined by the 572 feet msl elevation contour. Please be aware that any improvements made at or below the 572 feet elevation requires approval of the US Army Corp of Engineers. INFORMATIONAL COMMENTS * An appropriate replat and/or dedication instrument of the proposed street R.O.W. on Lot 10, Block 2, Harbor Oaks must be submitted an approved by the City prior to approval of a final plat for the Case No. Attachment D ZA 05-128 Page 1 remaining lots. The replat and/or dedication instrument must be recorded in the County prior to recording the final plat. All development must comply with the City’s Drainage Ordinance No. 605 and detain all post * development run-off. * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * A Developer’s Agreement is required prior to construction of any public infrastructure. The Developer’s Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. Case No. Attachment D ZA 05-128 Page 2 Case No Review No.Dated: Number of Pages: . 05-128 Two November 9, 2005 1 ___ Project Name: Bella Lago (Preliminary Plat) Comments due to the Planning Department: November 9, 2005______ ContactPhone:Fax: : Keith Martin (817) 748-8229__________ (817) 481-5713___________ =========================================================================== The following comments are based on the review of plans received on November 1, 2005 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== Is a tree survey required? * An aerial photograph of the property was provided with the Preliminary Plat submittal. TREE PRESERVATION COMMENTS: 1. The site is heavily wooded with typical Cross Timber type vegetation of numerous Post Oaks and associated understory vegetation. Other trees that may be existing on the site are Black Hickory, Cedar Elm, Black Jack Oak, Ash and American Elm which would be closer to the floodplain area of the site. 2. From the shape of the existing flood plain on lots 2, 5 and 6, the construction of homes on these lots may possibly require reclamation of flood plain area. Grading Plans are not required to be submitted with the submittal of Preliminary Plats so it is difficult to determine how proposed grading and construction would affect the flood plain and existing trees outside of buildable areas. * Residential Subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. Attachment D ZA 05-128 Page 3 Surrounding Property Owners Bella Lago Owner Zoning Land Use Acreage 1.Stewart, John D & Lynda A SF-1A Low Density Residential 1.84 2.Wilson, John N & Thelma B SF-1A Low Density Residential 1.93 3.Fischbach, Bernard V & Barb SF-1A Low Density Residential 1.99 4.Winn, Darin & Michele SF-1A Low Density Residential 1.92 Mers, Clarence A & Carmen E 5.Fredricks, Jack M & Rose E SF-1A Low Density Residential 1.87 6.Housmans, Errol V & Leslie SF-1A Low Density Residential 1.86 7.Farhat, Mohamed H & Yasmine SF-1A Low Density Residential 2.59 8.O’Connor, Martin V & Mary SF-1A Low Density Residential 2.55 9.Flora, Ward D & Diedra W SF-1A Low Density Residential 3.876 10.Burnett, Don & Patricia Ann SF-1A Low Density Residential 0.83 11.George, David W SF-1A Low Density Residential 0.96 12.Curtis, May Kathryn SF-1A Low Density Residential 1 13.Miles, Marylyn E SF-1A Low Density Residential 11.251 14.George, David W SF-1A Low Density Residential 0.973 15.George, David W SF-1A Low Density Residential 0.836 16.Fretwell, Carl Q AG Low Density Residential 1.28 Case No. Attachment E ZA 05-128 Page 1 Surrounding Property Owner Responses Bella Lago Notices Sent Certified Mail: Seventeen (17) SEE ZA05-127 STAFF REPORT FOR COPIES OF RESPONSES Case No. Attachment F ZA 05-128 Page 1