Item 6Case No.
ZA20-0037
S T A F F R E P O R T
August 14, 2020
CASE NO: ZA20-0037
PROJECT: Final Plat the Canopy EXECUTIVE
SUMMARY: On behalf of Shady Lane MF Southlake, LLC, DeOtte Inc. is requesting approval
of a Final Plat for The Canopy on property described as Tract 2A02, Samuel
Freeman Survey, Abstract No. 525, Southlake, Tarrant County, Texas and
located at 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal
District), Southlake, Texas. Current Zoning: “SF-1A” Single Family Residential
District. SPIN Neighborhood #4.
DETAILS: The purpose of this request is to seek approval of a Final Plat that conforms to
the approved Zoning Change and Concept Plan (ZA19-0071) and Preliminary
Plat (ZA20-0008) for The Canopy, which includes seven residential lots and one
private street lot on approximately 8.22 acres. A private street meeting City
design standards for a local street was approved internal to the development.
Access to the development is from Shady Lane, which is a local street, via a
private access driveway to be reconstructed to a 19’ paved width with emergency
access also provided from the S.H. 114 frontage road.
ACTION NEEDED: Consider approval of a Final Plat
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Review Summary No. 1, dated August 14, 2020
Full Size Plans (for Commission and Council members only)
Link to Presentation
Link to Plans
Link to 2035 Corridor Planning Committee Report
Link to SPIN Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA20-0037 Page 1
BACKGROUND INFORMATION
OWNER: Shady Lane MF Southlake, LLC
APPLICANT: DeOtte, Inc.
PROPERTY SITUATION: 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal District)
LEGAL DESCRIPTION: Tract 2A02, Samuel Freeman Survey, Abstract No. 525
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
HISTORY: - The “SF-1A” Single Family Residential District zoning was places on the
portion of the property in the 65’ LDN D/FW Regional Airport Overlay
Zone with the adoption of Zoning Ordinance 480 and the Official Zoning
Map in 1989.
- A Zoning Change and Concept Plan (ZA19-0071) for The Canopy, which
consists of seven residential lots on approximately 8.22 acres, was
approved by City Council on January 7, 2020.
- A Preliminary Plat (ZA20-0008) for The Canopy was approved March 3,
2020.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is “Low Density
Residential”.
The purpose of the Low Density Residential land use category is to
provide for and to protect low intensity detached single-family residential
development that promotes the openness and rural character of
Southlake.
Definition: The Low Density Residential category is for detached single-
family residential development at a net density of one or fewer dwelling
units per acre. Net density is the number of dwelling units per net acre,
which excludes acreage in all rights-of-way, easements, and lots
designated for public or private streets. Other suitable activities are those
permitted in the Public Parks/Open Space and Public/Semi-Public
categories. The Low Density Residential category encourages the
openness and rural character of the City of Southlake.
Pathways Master Plan & Sidewalk Plan
Five foot (5’) sidewalks are required along both sides of local residential
streets and the 5’ sidewalks are shown on the previously approved
Concept Plan internal to the development.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
A private street meeting City standards for a local street was approved
internal to the development. Access to the development is from Shady
Case No. Attachment A
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Lane, which is a local street, via a private access driveway to be
reconstructed to a 19’ paved width with emergency access also provided
from the S.H. 114 frontage road via a 24’ wide fire lane.
Traffic Impact
A Traffic Impact Analysis was not required for this development.
TREE PRESERVATION: A variance to Tree Preservation Ordinance No. 585-E was approved with
the Zoning Change and Concept Plan for The Canopy (ZA19-0071).
There is approximately 11.8% of existing tree cover within the proposed
development and 70% of the existing tree cover is required to be
preserved. The Tree Conservation Plan that was previously approved
showed approximately 65.72% of existing canopy to be preserved. The
Tree Conservation Plan submitted with the Preliminary Plat shows
approximately 72.3% of existing canopy to be preserved, which complies
with the requirements of the Tree Preservation Ordinance.
UTILITIES: The property is to be served by an extension of an 8” water line through
the proposed Next Century Health Care Plaza to the south (ZA19-0070)
an existing 8” sewer line that runs across the northern boundary of the
proposed Next Century Health Care Plaza property.
DRAINAGE: Drainage will flow to three detention ponds at the northeast and southwest
portions of the property.
CITIZEN INPUT: A SPIN meeting was held on December 10, 2019. See SPIN Report
attached separately.
A 2035 Corridor Planning Committee meeting was held on November 14,
2018. See 2035 Corridor Planning Committee Report attached
separately.
STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 14, 2020.
The City Council motion for approval of the Zoning Change and Concept
Plan for The Canopy (ZA19-0071) is included below for reference:
January 7, 2020; Approved at 2nd Reading (6-0) subject to the Staff
subject to the Staff Report dated December 31, 2019, and Concept Plan
Review Summary No. 3, dated December 30, 2019, granting the
following variances:
- Tree Preservation Ordinance No. 585-E. The required canopy to be
preserved is 70%, based on the existing 14.43% existing tree cover and
approximately 65.72% of the tree cover to be preserved as shown on the
tree conservation plan.
- Subdivision Ordinance No. 483, as amended, Section 5.04 which
prohibits private streets in new subdivisions in which less than 75% of
the lots contain homeowner occupied structures. Allowing a private
driveway/street internal to the development with a 31’ wide back of curb
to back of curb paving section in a 50’ common access and drainage
utility easement as shown on the concept plan. Noting that the private
driveway/street internal to the subdivision shall be dedicated to and
maintained by the HOA. Also noting that the off-site portion of the access
Case No. Attachment A
ZA20-0037 Page 3
driveway to the west shall be re-constructed to include a nineteen (19)
foot wide paving section to meet the Fire Marshal’s requirements within
the existing and proposed 30’ ingress/egress/access easement. Also
noting that this proposed 30’ easement will be maintained by the HOA.
- Subdivision Ordinance No. 483, as amended, Section 8.01.D requires
that all side lot lines shall be perpendicular to the right-of-way or radial in
the case of a cul-de-sac or curvilinear design. A variance is requested to
allow the side lot lines as shown as shown on the concept plan. -
Subdivision Ordinance No. 483, as amended, Section 5.03.I requires
cul-de-sacs to not exceed 1,000 feet. A variance is requested to allow
the cul-de-sac as shown on the concept plan.
Also noting:
- Per fence exhibit C, a 6’ iron fence will be installed along the north part
of the access easement adjacent to the property addressed a 413 Shady
Lane as represented on the concept plan. An 8’ cedar fence with a cap,
stained on both sides and with metal post will be installed along the north
part of the access easement adjacent to the property addressed a 405
Shady Lane as represented on the concept plan. The fence will be
installed in a manner that preserves adequate site distance at the Shady
Lane/access easement intersection and is consistent with the
requirements of the subdivision ordinance for the site triangle as
determined by the City Engineer.
- Providing an option with respect to the north portion of the access
easement to allow the applicant and the property owner to decide upon
iron fencing or cedar fencing along that portion.
Case No. Attachment B
ZA20-0037 Page 1
Case No. Attachment C
ZA20-0037 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA20-0037 Review No.: One Date of Review: 08/14/20
Project Name: Final Plat – The Canopy
APPLICANT: Clayton Redinger OWNER: Kosse Maykus
DeOtte, Inc. Shady Lane MF Southlake, LLC
420 Johnson Rd. Suite 303 P.O. Box 92-747
Keller, TX 76248 Southlake, TX 76092
Phone: (817) 253-5727 Phone:
E-mail: claytonredinger@deotte.com E-mail: kosse@maykus.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
07/22/20 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE
HEREBY MADE CONDITIONS OF SITE PLAN 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. Per Subdivision Ordinance No 483, as amended, Section 4.01.C, the Final Plat must comply
with the underlying zoning.
2. Per Subdivision Ordinance No 483, as amended, Sections 3.03.A and 3.03.B, the Final Plat
must substantially conform to the approved Preliminary Plat.
3. Per Subdivision Ordinance No 483, as amended, Section 2.01, a Final Plat must be processed,
approved and recorded prior to the conveyance of any lots or the issuance of any building
permits. The Final Plat must be approved by the Planning and Zoning Commission prior to the
execution of a developer’s agreement and commencement of any site work.
4. The owner information on the application does not match the owner in the dedication. Please
correct the owner information on the application.
The following are required in accordance with Section 3.03 of Ordinance No. 483, as amended:
5. The Final Plat must conform to the approved Concept Plan (ZA19-0071) and Preliminary Plat
(ZA20-0008) for The Canopy. Please make the following changes:
a. Label the private street lot as a 50’ Private Access, Emergency Access, Drainage and
Utility Easement.
b. Show and label a 10’ Private Access, Emergency Access, Drainage and Utility Easement
on the adjacent property that is to be dedicated to provide access to Shady Lane per the
approved Zoning Change and Concept Plan (ZA19-0071). Leave a blank for the County
instrument number until the easement is recorded with the County. The Private Access,
Emergency Access, Drainage and Utility Easement must be recorded with the County
prior to a Final Plat for The Canopy being filed. The required 19’ wide private access
driveway must be constructed prior to issuance of a building permit for a home in the
development.
c. Show and label a 24’ Emergency Access Easement extending south across the adjacent
property to provide an emergency connection to the S.H. 114 frontage road. Leave a
Case No. Attachment C
ZA20-0037 Page 2
blank for the County instrument number until the easement is recorded with the County.
The Emergency Access Easement must be recorded with the County prior to a Final Plat
for The Canopy being filed. A Fire Lane meeting City standards must be constructed
from S.H. 114 to the private street in the development prior to issuance of a building
permit for a home in the development.
d. Add a note to the plat stating that Lot 8X is to be dedicated to and maintained by the
HOA.
e. Revise the note regarding the detention pond to state that the owner of the lot is
responsible for maintenance of the detention pond and all areas in drainage easements.
f. Remove the box above the title block with the purpose note. The purpose note is only
for amended plats.
g. Add a lienholder statement and signature block with notary to the plat. If there is/are no
lienholder(s) then add the statement “There are no liens against this property” at the end
of the owner’s dedication before the signature block. The standard language for these
statements is attached.
h. Revise the owner’s dedication and notary to conform to the standard format as shown in
Appendix 2 (Corporations, partnerships, etc.) attached.
i. Provide the standard approval block for a Final Plat per appendix 9:
6. Place the City case number ZA20-0037" in the lower right-hand corner of the plat.
* The following variances to Subdivision Ordinance No. 483, as amended, were approved with
the approval of the Zoning Change and Concept Plan for The Canopy (ZA19-0071).
1. Subdivision Ordinance No. 483, as amended, Section 5.04 prohibits private streets in
new subdivisions in which less than 75% of the lots contain homeowner occupied
structures. A private driveway internal to the development with a 31’ wide back of curb
to back of curb paving section in a 50’ Emergency Access, Common Access, Drainage
and Utility Easement is proposed. The 50’ Emergency Access, Common Access,
Drainage and Utility Easement shall be dedicated to and maintained by the HOA. The
off-site portion of the access driveway shall be re-constructed to include a nineteen (19)
foot wide paving section to meet the Fire Marshal’s requirements within an existing and
proposed 30’ ingress/egress/access easement.
2. Subdivision Ordinance No. 483, as amended, Section 8.01.D requires that all side lot
lines shall be perpendicular to the right-of-way or radial in the case of a cul-de-sac or
curvilinear design.
Case No. Attachment C
ZA20-0037 Page 3
3. Subdivision Ordinance No. 483, as amended, Section 5.03.I requires cul-de-sacs to not
exceed 1,000 feet.
* Provide drainage easements for the retention/detention ponds.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
* The Tree Conservation Plan is consistent with the plan that was submitted with the Preliminary
Plat (ZA20-0008). A variance to Tree Preservation Ordinance No. 585-E was approved with the
Zoning Change and Concept Plan for The Canopy (ZA19-0071). There is approximately 11.8%
of existing tree cover within the proposed development and 70% of the existing tree cover is
required to be preserved. The Tree Conservation Plan that was previously approved showed
approximately 65.72% of existing canopy to be preserved. The Tree Conservation Plan
submitted with the Preliminary Plat shows approximately 72.3% of existing canopy to be
preserved, which complies with the requirements of the Tree Preservation Ordinance.
1. The designated protected trees along the east and north sides of Lot 4 may be altered by the
construction of the detention area.
2. The critical root zones of designated protected trees 1756, 1757, 1758 and 1759 are within a
proposed water line easement on Lot 5, where an 8” water line is proposed to be installed. The
construction of the water line may alter the trees designated to be preserved.
ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to
cause a tree to die, including but not limited to, any of the following: uprooting any portion of
the tree’s root system; severing the main trunk of the tree; inflicting damage upon the tree’s root
system by machinery, storage of materials, or the compaction of soil above the root system of
a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root
zone of the tree so as to divert the flow of water to or away from the critical root zone; applying
herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree;
placement of impermeable material over any portion of the critical root system of a tree; and
trenching within the critical root zone. A protected tree shall be considered to be altered if one
or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is
adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is
disfigured to the extent a reasonable person would conclude the tree will not survive.
Trenching: No trenching shall cross the critical root zone of any protected tree, unless approved
in writing by the Administrative Official or exempted from the application of this Ordinance.
Trenching within the critical root zone shall require the issuance of a tree permit. The placement
of underground utility lines is encouraged to be located outside of the critical root zone of
protected trees.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage of existing
Case No. Attachment C
ZA20-0037 Page 4
tree cover at the time the first such permit was issued shall be used to calculate the minimum
existing tree cover that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
* Please be aware that 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. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the
zoning as approved by the Southlake City Council. Please ensure that the layout of all structures,
easements, utilities, structures grading, and any other structure proposed to be constructed do
not conflict with existing trees intended to be preserved.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Sandra Endy, P.E.
Civil Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
1. Update the Avigation Release language to match the City of Southlake language. Refer to the
Subdivision Ordinance Appendix 3 (attached).
2. Provide the line labels for the below lines.
Case No. Attachment C
ZA20-0037 Page 5
3. Water and Sewer should be within a designated 15' easement.
4. Detention outfall from Lot 4 cannot create adverse impacts to adjacent properties. Fill in the
instrument number of the 15’ drainage easement from the detention pond to the inlet in
Grapevine prior to submitting the plat copies for filing.
General Informational Comments
* A SPIN meeting for The Canopy was held on December 10, 2019.
* All plats filed must have an original signed and stamped Tax Certificate submitted with it from
each taxing unit with jurisdiction of the real property, indicating that no delinquent taxes are owed
and that taxes for the current year have been paid. After September 1st, a certificate showing
that the taxes for that year are paid, but that the taxes for the upcoming year have yet to be
calculated is required. (House Bills 1563 & 3101). 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 817-212-6847.
* Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy
with original signatures.
* For Tarrant County filing, original signatures and seals will be required on one blackline mylar
and one blackline paper copy prior to filing the plat. The mylar and paper copies will not be
accepted if any erasures or original ink, other than signatures or seals, appear on the plat.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
* It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479. Additionally, the Avigation Easement and Release shown in
Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to
be filed in the County Plat Records.
* 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
Case No. Attachment C
ZA20-0037 Page 6
requirements and fees, off-site sewer extensions, off-site drainage and utility easements and
impact fees.
* The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must be
paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee,
Water & Sewer Impact and Tap Fees, and related Permit Fees.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale
water customer contract with the City of Fort Worth, all new water connections are required to
pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based
on the final plat recordation date and building permit issuance. The applicant is encouraged to
review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine
the fee amount.
* The City Council motion for approval of the Zoning Change and Concept Plan for The Canopy
(ZA19-0071) is included below:
January 7, 2020; Approved at 2nd Reading (6-0) subject to the Staff subject to the Staff
Report dated December 31, 2019, and Concept Plan Review Summary No. 3, dated
December 30, 2019, granting the following variances:
- Tree Preservation Ordinance No. 585-E. The required canopy to be preserved is 70%,
based on the existing 14.43% existing tree cover and approximately 65.72% of the tree
cover to be preserved as shown on the tree conservation plan.
- Subdivision Ordinance No. 483, as amended, Section 5.04 which prohibits private
streets in new subdivisions in which less than 75% of the lots contain homeowner
occupied structures. Allowing a private driveway/street internal to the development with a
31’ wide back of curb to back of curb paving section in a 50’ common access and drainage
utility easement as shown on the concept plan. Noting that the private driveway/street
internal to the subdivision shall be dedicated to and maintained by the HOA. Also noting
that the off-site portion of the access driveway to the west shall be re-constructed to
include a nineteen (19) foot wide paving section to meet the Fire Marshal’s requirements
within the existing and proposed 30’ ingress/egress/access easement. Also noting that
this proposed 30’ easement will be maintained by the HOA.
- Subdivision Ordinance No. 483, as amended, Section 8.01.D requires that all side lot
lines shall be perpendicular to the right-of-way or radial in the case of a cul-de-sac or
curvilinear design. A variance is requested to allow the side lot lines as shown as shown
on the concept plan. - Subdivision Ordinance No. 483, as amended, Section 5.03.I
requires cul-de-sacs to not exceed 1,000 feet. A variance is requested to allow the cul-
de-sac as shown on the concept plan.
Also noting:
- Per fence exhibit C, a 6’ iron fence will be installed along the north part of the access
easement adjacent to the property addressed a 413 Shady Lane as represented on the
concept plan. An 8’ cedar fence with a cap, stained on both sides and with metal post will
be installed along the north part of the access easement adjacent to the property
addressed a 405 Shady Lane as represented on the concept plan. The fence will be
installed in a manner that preserves adequate site distance at the Shady Lane/access
easement intersection and is consistent with the requirements of the subdivision
ordinance for the site triangle as determined by the City Engineer.
Case No. Attachment C
ZA20-0037 Page 7
- Providing an option with respect to the north portion of the access easement to allow
the applicant and the property owner to decide upon iron fencing or cedar fencing along
that portion.
* Denotes Informational Comment
Case No. Attachment C
ZA20-0037 Page 8
Lien Holder Acknowledgment
STATE OF _______________________
COUNTY OF______________________
Whereas _________________________________acting by and through the undersigned, its duly
authorized agent, is (are) the lien holder(s) of the property described hereon, does (do) hereby ratify all
dedications and provisions of this plat as shown.
__________________________
Authorized Agent Name
___________________________
Title
___________________________
Lienholder
STATE OF ______________________________
COUNTY OF ____________________________
BEFORE ME, the undersigned authority, on this day personally appeared
_________________________________________known to me to be the person(s) whose name(s)
is(are) subscribed to the above and foregoing instrument, and acknowledged to me that (he/she/they)
executed the same for the purposes and consideration expressed and in the capacity therein stated and
as the act and deed of said ___________________________________
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
, 20 .
Seal Notary Public
Commission expires:
Case No. Attachment C
ZA20-0037 Page 9
Case No. Attachment C
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