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Item 6F Department of Planning & Development Services S T A F F R E P O R T April 14, 2010 CASE NO: ZA09-076 PROJECT: Preliminary Plat for Shady Oaks REQUEST: On behalf of Terra /Shady Oaks, G.P., LLC, Paul Spain is requesting approval of a preliminary plat for approximately 35.66 acres at the southeast portion of the Shady Oaks subdivision. The purpose of the preliminary plat is to reconfigure the 50 lots previously referred to as Phase 1B and Phase 2 into 62 lots. ACTION NEEDED: 1) Consider approval of a preliminary plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) SPIN meeting report dated January 11, 2010 (E) Plat Review Summary No. 3, dated April 9, 2010 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Richard Schell (748-8602) Case No. ZA09-076 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 TRANSPORTATION ASSESSMENT: (See case ZA09-075) PATHWAYS MASTER PLAN: (See case ZA09-075) WATER & SEWER: (See case ZA09-075) DRAINAGE ANALYSIS: (See case ZA09-075) TREE PRESERVATION: (See case ZA09-075) SOUTHLAKE 2025: (See case ZA09-075) 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 Case No. Attachment A ZA09-076 Page 1 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”) caliper 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 Plat Review Summary No. 2, dated January 29, 2010. STAFF COMMENTS: For additional information background information, please see the staff report for the associated Zoning Change and Development Plan case (Case # ZA09- 075). Case No. Attachment A ZA09-076 Page 2 Case No. Attachment B ZA09-076 Page 1 Plans and Support Information Preliminary Plat Case No. Attachment C ZA09-076 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 ZA09-076 Page 1 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 ZA09-076 Page 2 PLAT REVIEW SUMMARY ZA09-076Three04/9/10 Case No.: Review No.: Date of Review: Preliminary Plat – Shady Oaks Project Name: APPLICANT: Paul Spain Terra Shady Oaks, G.P., L.LC 395 W. Northwest Pkwy. #300 Southlake, TX 76092 Phone: (817) 410-9201 Fax: (817) 410-9205 E-mail: paul@terradfw.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 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 OR DENNIS KILLOUGH AT (817) 748-8072. 1. Please show the 42” tree preservation easement on Lots 21 and 22 on the plat. 2. Please show all building lines on the plat. 3. Contact the City Parks Department at (817) 481-5581 (ext. 821) regarding placement of this project on a Park Board agenda. A recommendation allowing fees or land dedication is required of the board prior to this item going before the Planning and Zoning Commission. 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’. INFORMATIONAL COMMENTS: Case No. Attachment E ZA09-076Page 1 * 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 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. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-Mail: kmartin@ci.southlake.tx.us * No comments. 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 Case No. Attachment E ZA09-076Page 2 The following should be informational comments only ============= ==================== * Provide easements for water, sewer and/or drainage in compliance with approved construction plans. * 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. * 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. * Denotes Informational Comment Case No. Attachment E ZA09-076Page 3 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 F 19. Hmo Assoc Of Shady Oaks Inc SF20A Medium Density Residential 1.88 F Case No. Attachment F ZA09-076 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 U 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 O 74. Johnston, David L Etux Elizabe SF20A Medium Density Residential 0.69 O Case No. Attachment F ZA09-076 Page 2 75. Vaccaro, Anthony Jr Etux K SF20A Medium Density Residential 0.65 NR 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 NR 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: Eleven(11) – Attached In favor: Seven (7) Opposed: Three (3) Undecided: One (1) Case No. Attachment F ZA09-076 Page 3 Surrounding Property Owner Responses Case No. Attachment G ZA09-076 Page 1 Case No. Attachment G ZA09-076 Page 2 Case No. Attachment G ZA09-076 Page 3 Case No. Attachment G ZA09-076 Page 4 Case No. Attachment G ZA09-076 Page 5 Case No. Attachment G ZA09-076 Page 6 Case No. Attachment G ZA09-076 Page 7 Case No. Attachment G ZA09-076 Page 8 Case No. Attachment G ZA09-076 Page 9 Case No. Attachment G ZA09-076 Page 10 Case No. Attachment G ZA09-076 Page 11