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Item 9A Department of Planning & Development Services S T A F F R E P O R T March 28, 2012 CASE NO: ZA12-021 PROJECT: Plat Revision for Lots 12BR1 and 12BR2, Block 1, Cedar Oaks Estates Addition EXECUTIVE SUMMARY: McDermott-Lange Investments, L.L.C. and Brice and Michelle McKane are requesting approval of a plat revision for Lots 12BR1 and 12BR2, Block 1, Cedar Oaks Estates Addition, being a revision of Lot 12B, Block 1, Cedar Oaks Estates Addition, an addition to the City of Southlake, Tarrant County, Texas on approximately 5.851 acres located at 1525 and 1535 Oak Ln. SPIN # 5 REQUEST: The applicant is requesting approval of a plat revision for Lots 12BR1 and 12BR2, Block 1, Cedar Oaks Estates Addition to create two platted residential lots of record from one platted lot that has been subdivided by metes and bounds into two tracts of land. Proposed Lot 12BR1 is a vacant 4.85 acre tract and proposed 12BR2 is a 1 acre tract with an existing home built in 1983. The ± 5.85 acres appears to have been subdivided by metes and bounds to allocate 1 acre around the homestead in approximately 1983. The remaining 4.85 acres appears to have changed ownership in 2007 as a result of a tax foreclosure. Both tracts have since changed ownerships. The current owners of the two tracts are proposing the replat to comply with subdivision regulations with the intent of constructing a new residence on the Lot 12BR1. VARIANCE REQUESTS: 1)Subdivision Ordinance No. 483, Article VIII, Section 8.01(A), as amended, requires that all lots front on a public or private street. The applicant is requesting a waiver of this requirement to allow Lot 12BR1 as shown on the proposed plat (see pp. 1 and Applicant proposes access through an access easement 2 of Attachment C). recorded in Volume 7564, Page 1932 Deed Records, Tarrant County, Texas. 2)Subdivision Ordinance No. 483, Article VIII, Section 8.01(K), as amended, prohibits panhandle lots. The applicant is requesting a waiver of this requirement to allow Lot 12BR1 as shown on the proposed plat (see pp. 1 and 2 of Attachment C). Section 8.01 of the Subdivision Ordinance is included at the end of Attachment A for reference. Case No. ZA12-021 ACTION NEEDED: 1) Consider approval of the plat revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Variance Request letter (D) Plans and Support Information – Link to PowerPoint (E) Plat Review Summary No. 3 dated March 28, 2012 (F) Surrounding Property Owners Map and Responses (G) Full Size Plans and Copy of Easement STAFF CONTACT: Dennis Killough (817) 748-8072 Case No. ZA12-021 BACKGROUND INFORMATION OWNERS/APPLICANTS: McDermott-Lange Investments, L.L.C. and Brice and Michelle McKane PROPERTY SITUATION: 1525 and 1535 Oak Ln. LEGAL DESCRIPTION: Lot 12B, Block 1, Cedar Oaks Estates Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF-1A Single Family Residential District HISTORY: - A zoning change from “AG” Agricultural District to “A-3” Single Family Residential District was approved onFebruary 27, 1979. -A final plat for Cedar Oaks Estates was filed April 12, 1979. -A plat showing (replat) for Lots 12A and 12B, Block 1, Cedar Oaks Estates was approved and filed July 1983. -The property was given the “SF-1” Single Family Residential District zoning designation with the adoption of Zoning Ord. No. 334 in 1986. -The property was given the “SF-1A” Single Family Residential District zoning designation with the adoption of Zoning Ord. No. 480 in 1989. WATER & SEWER: The proposed Lot 12BR2 is serviced by a 6-inch water line and an 8-inch sanitary sewer line in Oak Ln. The proposed utility plan shows the 6-inch water line extended to provide service to Lot 12BR1 with a fire hydrant added on that lot. An existing 10” sanitary sewer line that runs across the proposed Lot 12BR1 will provide service to that lot. TREE PRESERVATION: All existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. PLANNING AND ZONING COMMISSION: March 22, 2012; The Planning and Zoning Commission recommended approval (6-0) granting the requested variances subject to the findings in the Staff Report dated March 15, 2012 and that an access easement is documented or provided. STAFF COMMENTS: Plat Review Summary No. 2 dated March 15, 2012 is attached. Section 8.01(K) of Subdivision Ordinance No. 483, as amended is below: K. Residential panhandle lots, also known as flag lots, shall not be permitted. 1. However, the approving authority may waive this requirement if it finds that one or more of the following conditions are satisfied and the requirements of subsection 2 are met: a. Topographical, environmental preservation or Case No. Attachment A ZA12-021 Page 1 other severe physical constraints prevent conventional subdivision and the panhandle lot appears to be the best solution to subdivision of lands; b. The panhandle lot arrangement is a temporary one in which the panhandle will disappear and the ultimate access will be provided by conventional means; and/or c. The proposed lot(s) will not have an adverse affect upon surrounding properties. 2. Additionally, the approving authority shall not consider a waiver of this requirement unless the following conditions must be met: a. The area and width of the buildable area of the lot must comply with the underlying zoning regulations. The panhandle portion of the lot is not to be included as part of the required minimum lot area; b. The length and width of the panhandle section of the lot must provide for or exceed the minimum emergency access and fire protection standards of the adopted City codes; and c. The location of the panhandle lot conforms to the City’s Driveway Ordinance, No. 634, as amended. Case No. Attachment A ZA12-021 Page 2 Case No. Attachment B ZA12-021 Page 1 PLANS AND SUPPORT INFORMATION VARIANCE REQUEST LETTER Case No. Attachment C ZA12-021Page 1 Case No. Attachment C ZA12-021Page 2 PLAT REVISION Case No. Attachment D ZA12-021Page 1 PLAT REVIEW SUMMARY ZA12-021Three03/28/2012 Case No.: Review No.: Date of Review: Plat Revision – Lot 12BR1 and Lot 12BR2, Block 1, Cedar Oaks Estates Addition Project Name: ENGINEER: SURVEYOR: Keith Hamilton, P.E. John D. Zimmerman, PE, RPLS Hamilton Duffy, PC 908 W. Main St. 8241 Mid-Cities Blvd. Arlington, TX 76013 North Richland Hills, TX 76182 Phone: 817-461-0188 Phone: 817-268-0408 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/28/12 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 RICHARD SCHELL AT (817) 748-8602. 1. Provide minimum finish floor elevations a minimum of two feet above the 100 year base flood elevation. The Min. F.F. should be approximately 626.0. This is based on the FEMA FIS panel 284P that shows the Water Surface elevation to be approximately 624.0 at the limit of detailed study. Two (2) feet of freeboard is required. Therefore Min F.F. should be 626.0. If the study performed shows different data, please provide supporting information. 2. The following changes are needed regarding the proposed lotting: a. Section 8.01 Lotting Requirements: Every residential lot shall abut on a public street. (Variance Requested) b. Section 8.01 Lotting Requirements: Residential panhandle lots, also known as flag lots, shall not be permitted. However, the approving authority may waive this requirement if it finds that one or more of the following conditions are satisfied and the requirements of subsection 2 are met:  Topographical, environmental preservation or other severe physical constraints prevent conventional subdivision and the panhandle lot appears to be the best solution to subdivision of lands;  The panhandle lot arrangement is a temporary one in which the panhandle will disappear and the ultimate access will be provided by conventional means; and/or  The proposed lot(s) will not have an adverse effect upon surrounding properties. (Variance Requested) Case No. Attachment F ZA12-021 Page 1 Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Please indicate on the submitted Tree Conservation Plan which trees will be removed (Red), Which Trees will be preserved (Green), and which trees might be marginal (yellow). * The property has approximately 80% - 100% tree cover and based on the size of the property the proposed development would not conflict with the existing tree cover preservation requirements. Public Works Review Steve Anderson, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. 2. Label utilities as “Public” or “Private”. * Use the City of Southlake GPS monuments whenever possible. PLAT COMMENTS: * Water meters and fire hydrants shall be located in an easement or in the ROW. * All sewer lines in easements or ROW must be constructed to City standards DRAINAGE COMMENTS: 1. The proposed house pad on Lot 12BR1 is between two drainage easements. The stream crossing that will be required to get to the building pad will require a Hydrologic & Hydraulic Flood Study performed by a registered professional engineer that shows no adverse effects either upstream or downstream of this property. 2. The stream crossing will need to be designed/constructed to HS20 loading roadway standards. 3. A Letter of Map Revision (LOMR) will be required of FEMA for any development within the floodplain. 4. A Floodplain Development Permit will be required to be submitted to the City. 5. A 404 Permit may be required from the USACE. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Case No. Attachment F ZA12-021 Page 2 INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer’s Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * A “Certificate of Taxes Paid” indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector’s Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s office at 817-884-1186. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. blackline * Original signatures and seals will be required on two mylars prior to filing the plat. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers 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. * All access drives must meet the minimum standards for emergency vehicles. * Denotes Informational Comment Case No. Attachment F ZA12-021 Page 3 SURROUNDING PROPERTY OWNERS SPO # Owner Zoning Land Use Acreage Response 100-Year Flood Plain, Low Pennington, Gary Etux Kathryn SF1-A 4.37 1. NR Density Residential Manning, Michael N SF1-A Low Density Residential 1.56 2. NR Demlow, John R Etux Carol G SF1-A Low Density Residential 1.03 3. NR McDermott, Kevin M Etux Beth SF1-A Low Density Residential 1.22 4. NR Murdock, Richard Etux Melissa SF1-A Low Density Residential 1.22 5. NR McDermott-Lange Investments Ll SF1-A Low Density Residential 1.20 6. NR 100-Year Flood Plain, Low King, Timothy SF1-A 5.44 7. NR Density Residential Smith, Christopher & D H (Trs) SF1-A Low Density Residential 2.27 8. O Maggi, Deno T Etux Kristin A SF1-A Low Density Residential 1.49 9. NR Weisner, Eric B SF1-A Low Density Residential 1.32 10. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Ten (10) Responses Received: One (1) Case No. Attachment F ZA12-021 Page 4 PROPERTY OWNER RESPONSES Case No. Attachment F ZA12-021 Page 5