Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
March 31, 2010
CASE NO: ZA09-075
PROJECT: Zoning Change and Development Plan for Shady Oaks
REQUEST:
On behalf of Terra /Shady Oaks, G.P., LLC, Paul Spain is requesting a zoning change
and development plan from “SF-20” Single Family Residential to “RPUD” Residential
Planned Unit Development for approximately 35.66 acres located in the southeast
portion of the Shady Oaks subdivision. The property is located along the west side of
the 800-1020 block of Shady Oaks Drive and the south side of the 600-901 block of
Sherwood Drive. The purpose of the zoning change is to reconfigure the 50 lots
previously referred to as Phase 1B and Phase 2 into 62 lots, bringing the total number
of lots in Shady Oaks to 148 lots.
The originally submitted development plan showed 63 lots for a total of 149 lots in the
Shady Oaks subdivision. The plan has been revised to 62 lots to address the Planning
and Zoning Commission’s recommendation for approval and issues raised during the
hearings held on February 4, 2010 and February 18, 2010. The following changes to
the plan have been made since P&Z approval:
The number of lots along the western portion of the southern property line
has been reduced by one (8 lots to 7 lots);
The side setback for those 7 southwestern lots has been increased from a
minimum of 10’ to a minimum of 15’, except on the east side of Lot 21,
which has a 25’ side yard setback in order to preserve a 30” caliper black-
jack oak . (There would now be a total of 40’ between building pads there);
A 10’ landscape easement along the southern property line of those 7 lots
has been added with the stipulation that three 6” caliper shade trees will be
planted there;
The area of the open space lot east of Lot 24 has increased by 1,196 square
feet (.027 acres). Density has been reduced due to the reduction in the
number of lots.
The minimum house size has been increased from 1,800 square feet
required in the SF-20A regulations to 4,000 square feet.
ST
ACTION NEEDED: Consider 1 reading approval of a zoning change and development plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to Presentation
(D) SPIN meeting reports dated January 11, 2010
(E) Development Plan Review Summary No. 3, dated February 24, 2010
Case No.
ZA09-075
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-593
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT:
Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA09-075
BACKGROUND INFORMATION
OWNER:
Terra/Shady Oaks, G.P., LLC
APPLICANT:
Paul Spain
PROPERTY SITUATION:
800 block of Shady Oaks Dr.
LEGAL DESCRIPTION:
Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey,
Abstract No. 706, Southlake, Tarrant County, Texas, and a portion of Lot CA2
and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CA12, and CA
13, Shady Oaks Phase 1A
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“SF-20A” Single Family Residential
REQUESTED ZONING:
“RPUD” Residential Planned Unit Development
HISTORY:
-A change of zoning from “AG” to “SF-20A” was approved by City Council on
September 18, 2007 (ZA07-085).
-A preliminary Plat for Shady Oaks Addition was also approved by City Council
on September 18, 2007 (ZA07-086).
-A final Plat for Shady Oaks, Phase 1A, was approved by P&Z on December 6,
2007 (ZA07-147).
CITIZEN INPUT/
BOARD REVIEW:
A SPIN meeting was held on January 11, 2010 (see attached report).
STRATEGIC LINK:
Quality Development
SOUTHLAKE 2025 PLAN:
Consolidated Land Use Plan
The underlying land use designation is Medium Density Residential and the
proposed change in zoning is consistent with the existing designation.
Pathways Master Plan & Sidewalk Plan
A 6’ sidewalk along the west side of Shady Oaks Dr. was provided with the
construction of Phase 1A and is shown on the proposed Development Plan to
be provided with the construction of this phase. An 8’ multi-use trail is planned
along the east side of Shady Oaks Dr. and an on-street bikeway is planned on
Shady Oaks Drive.
Environmental Resource Protection Plan
The Environmental Resource Protection Map shows an area of trees to be
preserved (darker green) if possible along the northern portion of the property.
The majority of these trees are shown to be preserved in open space lots on
Case No. Attachment A
ZA09-075 Page 1
the Tree Conservation Plan. An area of existing tree cover (lighter green) at the
southeast corner of the property is also shown to be preserved in an open
space lot (Lot CA17).
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Shady Oaks Drive to be a 2-lane
collector street with 60 feet of right-of-way. Adequate right-of-way is shown to
be dedicated for this roadway.
TRANSPORTATION
ASSESSMENT:
Existing Area Roadway Network
Access to the proposed development will be from Shady Oaks Drive. The
previously approved Zoning Change and Concept Plan for Shady Oaks was
approved with the condition that the connector from Peytonville Ave. to Shady
st
Oaks Dr. be provided with the construction of Phase 2 (see Council 1 reading
motion in the Staff Comments below). In addition, the Fire Code requires two
points of access for subdivisions with more than thirty homes or that all homes
in the subdivision have sprinkler systems.
May 2009 traffic counts on Shady Oaks Drive (between F.M. 1709 and
Highland St.)
15901432
North Bound (NB) () South Bound (SB) ()
271195
Peak A.M. () 7:30 – 8:30 a.m. Peak A.M. () 7:45 – 8:45 a.m.
178171
Peak P.M. () 2:45 – 3:45 p.m. Peak P.M. () 3:45 – 4:45 p.m.
Traffic Impact
Case No. Attachment A
ZA09-075 Page 2
A comparison of the traffic impacts between the previously approved concept
plan with 136 lots and the proposed development plan that would bring the
total lots for Shady Oaks to 149 lots is below:
Previously approved Concept Plan for Shady Oaks – 136 lots:
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 136 1,301 26 77 88 49
Residential Lots
Total lots for Shady Oaks with proposed RPUD Development Plan - 149 lots:
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 149 1,426 28 84 96 55
Residential Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on Shady Oaks Dr.
WATER & SEWER:
A 12-inch water line currently exists along the east side of Shady Oaks Drive.
A 6-inch sanitary sewer line stub-out currently exists in the subdivision to the
south.
DRAINAGE ANALYSIS:
The eastern portion of the property will drain to an existing reinforced concrete
box along Shady Oaks Drive. The western portion of the property will drain to a
detention pond at the southwest corner of the property.
TREE PRESERVATION:
Although the configuration and size of the lots have been changed from the
previously approved plan, the tree preservation plan is basically the same. The
open space lots have not been changed.
PLANNING & ZONING
COMMISSION ACTION:
February 4, 2010; Approved (5-0) to table to the February 18, 2010 meeting.
February 18, 2010; Approved (5-0), noting the applicant’s willingness to reduce
the number of lots on the south side of the property currently ten (10) lots down
to nine (9) lots, specifically the western side of the southern end changing that
from eight (8) lots down to seven (7) lots; also noting the applicant’s
willingness to draw lot lines to save the large Blackjack Oak tree as presented
to the Planning & Zoning Commission; also recognizing that the applicant will
make deed restrictions to the rear buffer-yard requiring the lots on the southern
boundary have at least three (3) six inch (6”) caliber hardwood trees planted in
the buffer-yard; also noting the applicant’s willingness to have a fifteen (15)
foot side-yard setback for the seven (7) southern lots; and subject to
Development Review Summary No. 2, date January 27, 2010.
st
CITY COUNCIL ACTION
: March 2, 2010; Approved (7-0) to table 1 Reading indefinitely.
STAFF COMMENTS:
The P&Z and Council motions from the previously approved Zoning Change
Case No. Attachment A
ZA09-075 Page 3
and Concept Plan that was approved in 2007 are included below:
P&Z ACTION: August 9, 2007; Approved to table until August 23, 2007.
August 23, 2007; Approved (5-1) subject to Concept Plan
Review Summary No. 3, dated August 17, 2007; granting the
requested variances.
COUNCIL ACTION: September 4, 2007; Approved first reading (7-0) subject
to:
Sidewalks tied in to exterior of the subdivision as presented by
o
the applicant
Subject to developer’s presentation
o
Perimeter walls as presented
o
Last lot on Street A – transition for wall by next meeting
o
Connector street to be built with phase 2
o
Interior fencing – wrought iron
o
Fencing on blk 7 lot 5, 6, 7 and all such lots by next meeting
o
Developer’s agreement details to be worked out between
o
developer and staff to be approved by Council
Granting requested variances (40’ ROW, geometric design
o
standards, side yard setback)
Subject to Concept Plan review summary
o
September 18, 2007; Approved second reading (7-0) subject
to:
Council’s previous approval on first reading on September 4,
o
2007,
Recommendations of the Planning and Zoning Commission,
o
approving the fencing as presented by the applicant, stating
o
that the developer and residents of this development cannot
place wooden slats in the wrought iron fencing facing Coventry
specifically along the park land areas and more specifically
being Lots 17, 18, 25, 26, 36, and 37,
Concept Plan Review Summary No. 5, dated September 12,
o
2007, granting the variances as requested: allowing a minimum
40’ ROW with collector streets remaining at a 60’ ROW,
allowing the collector street geometry as proposed this evening,
allowing a minimum 20’ side yard setback adjacent to the street
on corner lots rather than a full front yard setback of 35’ (as
specified in staff report dated September 18, 2007), and
allowing relief from the 125’ rear lot width requirement for Lots
5, 6, 8-10, Block 1, and Lots 3, 11, and 12, Block 3.
Case No. Attachment A
ZA09-075 Page 4
Case No. Attachment B
ZA09-075 Page 1
Plans and Support Information – Link to Slide Show
Originally Submitted Development Plan 1/13/10
Case No. Attachment C
ZA09-075 Page 1
th
Development Plan Revised with Feb. 18 P&Z Recommendations
Case No. Attachment C
ZA09-075 Page 2
Narrative Letter
Case No. Attachment C
ZA09-075 Page 3
Revised R-PUD Regulations Submitted March 2, 2010
Case No. Attachment C
ZA09-075 Page 4
Case No. Attachment D
ZA09-075 Page 1
SPIN MEETING REPORT
CASE NO.
ZA09-075
PROJECT NAME:
Shady Oaks
SPIN DISTRICT:
SPIN # 6
MEETING DATE:
January 11, 2010
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Twelve (12)
SPIN REPRESENTATIVE(S) PRESENT:
Ronald Evans (#10); Mike Terry (#6)
APPLICANT(S) PRESENTING:
Paul Spain, Terra Land Management Inc.
STAFF PRESENT:
Lorrie Fletcher, Planner I
STAFF CONTACT:
Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located at 820 Shady Oaks Drive.
Development Details
The applicant is proposing a rezoning of a portion of the Shady Oaks development that was zoned as
SF-20 Single Family Residential District in September 2007, to R-PUD Residential Planned Unit
Development. The proposed rezoning will allow construction of sixty-three ⅓ to ½ acre home sites on
36.5 acres. This brings the total number of lots from 136 to 149. The applicant is not requesting any
variances with this application.
QUESTIONS / CONCERNS
What will be the first section built?
The sixteen lots adjacent to Shady Oaks Drive.
o
When will the wall be built?
As the lots develop.
o
Is this proposed change economy driven?
Yes, it will also enhance the market by offering two product types.
o
Do you anticipate any drainage issues.
No, the property is set up in an ideal situation due to previous development to the south. What
about fencing?
The stone fencing along Shady Oaks Drive will continue; the remaining fencing will be built
o
as lots develop; we are proposing a compression wall.
Do you feel you will have enough buyers?
Yes, long-term we feel Southlake is doing great.
o
What about trees?
Case No. Attachment D
ZA09-075 Page 2
Trees are valuable; we have and will continue to go to great lengths to keep as many as
o
possible.
GENERAL CONCERNS
Fencing
Market
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is
neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the
public of the issues and questions raised by residents and the general responses made. Responses as summarized in this
report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case
through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment D
ZA09-075 Page 3
DEVELOPMENT PLAN REVIEW SUMMARY
ZA09-075Three2/24/10
Case No.: Review No.: Date of Review:
Development Plan– Shady Oaks
Project Name:
APPLICANT: Paul Spain ARCHITECT: Aaron Hunsaker
Terra Shady Oaks, G.P., L.LC Sage Group, Inc.
395 W. Northwest Pkwy. #300 1130 N. Carroll Ave. Ste. 200
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 410-9201 Phone: (817) 424-2626
Fax: (817) 410-9205 Fax: (817) 424-2890
E-mail: paul@terradfw.com E-mail: ahunsaker@sage-dfw.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/23/10
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 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Correct the title to include Survey Name, Abstract No. and Tract No. or platted lot and block
Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey,
designation as follows -
Abstract No. 706, Southlake, Tarrant County, Texas, and a portion of Lot CA2 and Lots CA3, CA4,
CA5, CA6, CA7, CA8, CA9, CA10, CA11, CA12, and CA 13, Shady Oaks Phase 1A.
2. Remove the bearing and distance “S00°15’33”E – 1945.65’” that is east of Shady Oaks Drive and
leave only the bearings and distances that relate to the area being rezoned.
3. Label the type of material to be used for the masonry walls as “stone” or “masonry” on the exhibits.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-Mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* Although the configuration and size of the lots have been changed as originally proposed, the tree
preservation is almost the same as previously approved. The open spaces have not been
changed.
* 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.
Case No. Attachment E
ZA09-075 Page 1
Public Works Review
Michelle McCullough, P.E
Civil Engineer
Phone: (817) 748-8274
E-Mail: mmccullough@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. A minimum 20’ easement is
required if both storm sewer and sanitary sewer will be located within the easement. Revise
easements accordingly.
WATER AND SANITARY SEWER COMMENTS:
1. The engineer should consider relocating the existing manholes out of the pavement on Tennyson
Drive and Berkshire Road since the original ROW alignment has changed.
15’
2. Water and sanitary sewer lines cannot cross property lines without being in an easement or ROW (
minimum
). The proposed water line easement on Lot 28, Block 4 will need to be a minimum of 15’.
* For single family residences, hydrants shall be spaced a maximum of 400 linear feet apart for
unsprinklered and 600 linear feet for sprinklered residences.
* Water meters and fire hydrants shall be located in an easement or in the ROW.
* Water and sanitary sewer lines shall be located in the parkway - not under pavement, except for
crossings.
* All water and sanitary sewer lines in easements or in the ROW must be constructed to City standards.
DRAINAGE COMMENTS:
1. Any retaining wall that is part of a detention pond / structure will need to be designed by a licensed
engineer and a detail provided in the construction plans.
* The difference between pre and post development runoff shall be captured in the detention pond. The
proposed detention pond shall control the discharge of the 5, 10 and 100 year storm events.
* Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan, will
be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of
the proposed pond(s) may require a revision to the concept plan and may need to be approved by the
Planning and Zoning Commission and the City Council.
* A copy of the SWPPP, if required, will need to be submitted to the Public Works department prior to a
pre construction meeting being scheduled.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
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.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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 may 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.
* Additional comments may need to be addressed once detailed engineering is completed
Case No. Attachment E
ZA09-075 Page 2
and construction plans submitted to the Public Works department for a more detailed
review.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
*=Denotes informational comment.
Community Service/Parks Department Review
Julie Dove
Supervisor-Parks
Phone: (817) 748-8026
E-Mail: jdove@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting
fee credits. Please contact the Community Services Department at (817) 748-8607 for further details.
Land/park dedication requirements:
Requires payment of park dedication fees in the amount of $3000 per dwelling unit x 63 units = $189,000
Applicant is using previously granted park dedication credits for this development. Please provide a letter
outlining credits used
Pathway Comments:
No comments
Informational Comments:
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* The Fire Code requires that there be two points of access for subdivisions with over thirty homes
or that all homes in the subdivision have sprinkler systems. There are 36 residential lots on the
Final Plat that was recorded for Phase 1A of Shady Oaks. All homes in the RPUD phases must
have sprinkler systems installed or the second access point to Peytonville will have to be provided
before building permits will be issued.
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
65 or 75
* It appears that this property lies within the 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.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
Case No. Attachment E
ZA09-075 Page 3
* 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.
* A letter of permission from the adjacent property owner(s) on the west must be obtained prior to
issuance of a building permit for the construction of the off-site pavement and a permit from
TxDOT must be obtained prior to any curb cut along F.M. 1709.
* Denotes Informational Comment
Case No. Attachment E
ZA09-075 Page 4
Surrounding Property Owners
Shady Oaks
SPO # Owner Zoning Land Use Acreage Response
1. Hendricks, James & Elizabeth SF20A Medium Density Residential 0.53 NR
2. Carroll ISD CS Public/Semi-Public 28.98 NR
3. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.12 F
4. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.54 F
5. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.04 F
6. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.01 F
7. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.12 F
8. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.23 F
9. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.26 F
10. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.24 F
11. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.53 F
12. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.55 F
13. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.53 F
14. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.49 F
15. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
16. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.49 F
17. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.60 F
18. Simmons Homes Lp SF20A Medium Density Residential 0.50 NR
19. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 1.88 F
Case No. Attachment F
ZA09-075 Page 1
20. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.35 F
21. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.04 F
22. Home Builder Alliance Inc SF20A Medium Density Residential 0.47 F
23. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.59 F
24. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.53 F
25. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
26. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
27. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
28. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
29. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.48 F
30. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.50 F
31. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
32. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
33. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
34. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
35. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
36. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
37. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
38. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.51 F
39. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.29 F
40. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
41. Harrell Custom Homes Inc SF20A Medium Density Residential 0.51 F
42. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
43. Harrell Custom Homes Inc SF20A Medium Density Residential 0.47 F
44. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
45. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
46. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
47. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
48. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.47 F
49. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.46 F
50. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 0.16 F
51. Terra/Shady Oaks Lp SF20A Medium Density Residential 0.52 F
52. Sadler, Michael Etux Helen SF20A Medium Density Residential 0.58 NR
53. Zavasky, Thomas Etux Judith A SF20A Medium Density Residential 0.47 NR
54. Painter, Michael D & Patricia SF20A Medium Density Residential 0.46 NR
55. Ansley, Samuel A Etux Susan R SF20A Medium Density Residential 0.46 F
56. Devoe, David D SF20A Medium Density Residential 0.47 NR
57. Brett, Brian E Etux Suzanne R SF20A Medium Density Residential 0.48 NR
58. Costin, Jerry Etux Melinda SF20A Medium Density Residential 0.45 NR
59. Hendricks, J C Etux Elizabeth SF20A Medium Density Residential 0.49 NR
60. Modi, Elesh H Etux Sabrina SF20A Medium Density Residential 0.49 NR
61. Riggs, Steven N & Teresa Belle SF20A Medium Density Residential 0.47 F
62. Clayton, Douglas Etux Alicia SF20A Medium Density Residential 0.46 NR
63. Perera, Rajeev C Etux Sumudu R SF20A Medium Density Residential 0.45 NR
64. Kirby, Jeffrie C Etux Nancy C SF20A Medium Density Residential 0.46 NR
65. Hixson, Charles O Etux Susan M SF20A Medium Density Residential 0.46 NR
66. Strother, Joe P Etux Amy L SF20A Medium Density Residential 0.53 NR
67. Longwell, Jerrold Etux Joyce SF20A Medium Density Residential 0.46 F
68. Shafi, Shaid Etux Ayesha SF20A Medium Density Residential 0.45 NR
69. Bryant, Thomas M Etux Beverly SF20A Medium Density Residential 0.47 NR
70. Mazzei, Hugh J Etux Maricela Z SF20A Medium Density Residential 0.49 NR
71. NR
Wise, Philip W Etux Anne O SF20A Medium Density Residential 0.46
72. Hubert, Steven Etux Jean SF20A Medium Density Residential 0.46 NR
73. Tough, Thomas H Etux Judith A SF20A Medium Density Residential 0.46 F
74. Johnston, David L Etux Elizabe SF20A Medium Density Residential 0.69 F
75. Vaccaro, Anthony Jr Etux K SF20A Medium Density Residential 0.65 O
Case No. Attachment F
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76. Wood-Smith, Steven E SF20A Medium Density Residential 0.53 NR
77. Walkup, Jonathan Etux Dawn C SF20A Medium Density Residential 0.60 NR
78. Runyan, Billy W Etux Betty AG Low Density Residential 0.99 F
79. McDonald, Beverly G AG Medium Density Residential 2.06 O
80. Terra/Shady Oaks Lp SF20A Medium Density Residential 5.24 F
81. Scherer, Hugh C AG Medium Density Residential 0.69 O
82. Robinson, Wendy M AG Medium Density Residential 0.54 NR
83. Terra/Shady Oaks Lp SF20A Medium Density Residential 1.07 F
84. Terra/Shady Oaks Lp SF20A Medium Density Residential 33.95 F
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eighty-four (84)
Responses Received within 200 feet:
Twelve (12) – Attached
Nine (9) In Favor – Three (3) Opposed
Responses Received outside 200 feet:
Sixteen (16) – Attached
Eleven (11) Opposed – Five (5) In Favor
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Surrounding Property Owner Responses Within 200’
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Jerrold Longwell’s revised response to “In Favor”
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Jerr
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Tom and Judy Tough’s revised response to “In Favor”
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David and Elizabeth Johnston’s revised response to “In Favor”
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Steven and Teresa Riggs’ revised response to “In Favor Of”
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Steven and Teresa Riggs’ revised response to “Opposed To”
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Property Owners’ Responses Received Outside 200’
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-593
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
DESCRIBED AS TRACT 11D AND PORTIONS OF TRACTS 11 AND 11D1,
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND A PORTION OF LOT CA2 AND LOTS
CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CA12, AND CA 13,
SHADY OAKS PHASE 1A, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “SF-20A” SINGLE FAMILY
RESIDENTIAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential and other purposes, and to amend said ordinance and
map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with
a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “SF-20A” Single Family
Residential District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and,
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WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the
amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original investment was
made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the
health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids
undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a necessity
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and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective
changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best
interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general
health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas,
passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that
the permitted uses in the hereinafter described areas be altered, changed and amended as shown and
described below:
Being described as Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey,
Abstract No. 706, Southlake, Tarrant County, Texas, and a portion of Lot CA2 and Lots CA3,
CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CA12, and CA 13, Shady Oaks Phase 1A, an
addition to the City of Southlake, Tarrant County, Texas, and being approximately 35.662
acres., and more fully and completely described in Exhibit “A” from “SF-20A” Single Family
Residential District to “R-PUD” Residential Planned Unit Development District with as depicted
on the approved Development Plan attached hereto and incorporated herein as Exhibit “B,”
and subject to the following conditions:
R-PUD Regulations
1.
2.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject
to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
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ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land
throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described
herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute
a separate offense.
SECTION 8.
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All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued
at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required
by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____day of ______2010.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey, Abstract No.
706, Southlake, Tarrant County, Texas, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8,
CA9, CA10, CA11, CA12, and CA 13, Shady Oaks Phase 1A, an addition to the City of Southlake, Tarrant
County, Texas, and being approximately 35.662 acres.
**Reserved for Metes and Bounds Description**
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EXHIBIT “B”
(Reserved for the Approved Development Plan and Tree Conservation Plan)
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