Item 6ECity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
September 12, 2007
ZA07-085
CASE NO:
Zoning Change and Concept Plan for Shady Oaks
PROJECT:
REQUEST: Terra Shady Oaks is requesting approval of a zoning change and concept plan from
"AG" Agricultural District to "SF-20A" Single Family Residential District. The plan
proposes the development of 136 single-family residential lots and 17open space lots on
approximately 96.3 acres.
The plan proposes the following:
Gross Acreage 96.3 Ac.
Net Acreage 82.3 Ac.
Area of Open Space 8.7 Ac. (9.1%)
Number of Residential Lots/Units 136
Gross Density 1.41 du/ac
Net Density 1.65 du/ac
The following variances are requested:
1) Allow a minimum 40’ ROW instead of a 50’ ROW for the local residential
streets is requested. The collector street will remain at a minimum 60’ ROW.
2) Allow the collector street geometry as proposed having a minimum 210’ radius
with no tangents. A minimum 400’ CL radius and minimum 50’ tangent lengths
is required for 2 lane collector streets.
3) Allow minimum 20’ side yard setback adjacent to the street on corner lots
rather than a full front yard setback of 35’. Lots included are Lots 1, 8, 10,
Block 2; Lot 9, Block 3
4) Relief from the 125’ rear lot width requirement is requested on Lots 5, 6, 8-10,
Block 1 and Lots 3, 11 and 12, Block 3.
A fencing plan, streetscape exhibits and open space details are included in the
presentation booklet provided with the full size plan set.
Case No.
ZA07-085
1. Conduct public hearing
ACTION NEEDED:
2. Consider approval of second reading for zoning change and concept plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Concept Plan Review Summary No. 5, dated September 12, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Meeting Summary Report
(H) Ordinance No. 480-531
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-085
BACKGROUND INFORMATION
OWNER/APPLICANT: Terra Shady Oaks
PROPERTY SITUATION: 820, 910, 1020 Shady Oaks Drive, 985, 1005, 1125 North Peytonville Avenue
LEGAL DESCRIPTION: Tracts 11, 11C, 11C2, 11C2A, 11C7, 11D, 11D1, 11E, 11F, and a portion of
Lot 2, situated in the T. Hood Survey, Abstract No. 706
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “SF-20A” Single Family Residential District
HISTORY: There is no development history on this property. A home currently exists on
the eastern half of the proposed subdivision and is planned to be removed.
TRANSPORTATION
Mobility &Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan designates that N. Peytonville Avenue be a 2-
lane, undivided collector street with 70 feet of right-of-way, that Shady Oaks
Drive be a 2-lane, undivided collector street with 60 feet of right-of-way, and
that there be a 2-lane, undivided collector street with 60 feet of right-of-way
connecting N. Peytonville Avenue and Shady Oaks Drive. The appropriate
amount of right-of-way is shown to be dedicated for both N. Peytonville
Avenue and Shady Oaks Drive. The recommended collector street between N.
Peytonville Avenue and Shady Oaks Drive has not been shown to provide a
direct connection. The street has an intersection and a 90 degree turn as part of
the design.
Street Typology Recommendation: The street typology designation for these
roadways is ‘Collector.’ The design priorities outlined in the plan for
Collectors are:
Medium to low pedestrian orientation with multi-use trails on one or
both sides of the street providing connectivity between neighborhoods
and to non-residential uses.
Usually lacking in curb-gutter.
High level of resource protection with an emphasis on leaving the road
as natural as possible by retaining any mature street trees along the
roadway.
Limit intersection improvements to turn lanes and roundabouts where
appropriate.
Case No. Attachment A
ZA07-085 Page 1
Narrow lane-widths conducive to lower-speed traffic.
Low access control due to existing nature of development along these
corridors.
Recommended Cross-Section for N. Peytonville Ave & Shady Oaks Dr.
Existing Area Roadway Network
The proposed development will have one (1) street intersecting with N.
Peytonville Avenue and one (1) street intersecting with Shady Oaks Drive.
N. Peytonville Avenue and Shady Oaks Drive are currently 2-lane undivided
roadways without curb and gutter. The 2006 traffic counts for these roadways
are presented in the following tables.
May, 2006 traffic counts on N. Peytonville Ave (between Southridge
Lakes & W. Dove St):
24hr 2,1162,219
North Bound (NB) () South Bound (SB) ()
NB 355170
Peak A.M. () Peak P.M. ()
7:30 - 8:30 AM 4:15 - 5:15 PM
SB 163346
Peak A.M. () Peak P.M. ()
7:30 - 8:30 AM 5:00 - 6:00 PM
May, 2006 traffic counts on Shady Oaks Dr (between F.M. 1709 &
W. Highland St):
24hr 1,9111,687
North Bound (NB) () South Bound (SB) ()
NB 380212
Peak A.M. () Peak P.M. ()
7:45 - 8:45 AM 4:45 - 5:45 PM
SB 392206
Peak A.M. () Peak P.M. ()
7:45 - 8:45 AM 4:45 - 5:45 PM
Case No. Attachment A
ZA07-085 Page 2
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 136 1,301 26 77 88 49
Residential Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on N. Peytonville Ave and Shady Oaks Dr.
PATHWAYS
MASTER PLAN: A 6-foot sidewalk is proposed along the east side of N. Peytonville Avenue on
the Pathways Master Plan. An 8-foot multi-use trail is planned along the south
side of the proposed collector street connecting N. Peytonville Avenue and
Shady Oaks Drive. The trail has been provided along the street system
designed with the development.
WATER & SEWER: Water: A 12-inch water line currently exists along the west side of N.
Peytonville Avenue and also along the east side of Shady Oaks Drive.
Sewer: A 6-inch sanitary sewer line stub-out currently exists in the subdivision
to the south. Also, a 6-inch sanitary sewer line exists on the east side of N.
Peytonville Avenue just south of the limits of the proposed subdivision.
DRAINAGE ANALYSIS: The northeast portion of the site generally drains to two proposed detention
ponds. The north central portion generally drains to a proposed detention pond
which would connect with the existing Coventry detention pond system. The
southeastern portion generally drains to Shady Oaks Drive. The southwestern
portion generally drains to an existing off-site drainage system.
TREE PRESERVATION: See Tree Conservation Analysis in Attachment ‘D’ of this report.
Environmental Resource Protection Recommendations
SOUTHLAKE 2025:
The Environmental Resource Protection (ERP) Plan recommends preserving
trees whenever feasible. Specifically, the ERP map identifies a portion of this
property as a priority area for preservation:
Case No. Attachment A
ZA07-085 Page 3
The applicant has shown the ERP preservation area on the Tree Conservation
Plan and the majority of the trees in the preservation area will be saved. Across
the entire site, the majority of the existing trees will be saved.
Mobility & Master Thoroughfare Plan Recommendations
The Mobility & Master Thoroughfare Plan calls for a 60 foot 2 lane east-west
collector across this property. The applicant is proposing a residential street
instead of the recommended collector. Staff recommends realigning the
through street so as to minimize the number of residential lots fronting on it.
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 the
o
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 developer and
o
staff to be approved by Council
Case No. Attachment A
ZA07-085 Page 4
Granting requested variances (40’ ROW, geometric design standards,
o
side yard setback)
Subject to Concept Plan review summary
o
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated September 12, 2007.
N:\Community Development\MEMO\2007cases\07-085ZCP.doc
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Concept Plan
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Tree Conservation Plan
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Tree Survey
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ZONING/CONCEPT PLAN REVIEW SUMMARY
ZA 07-085Five09/12/07
Case No: Review No: Date of Review:
Zoning /Concept Plan – Shady Oaks, 96.3 Acres in the T.M. Hood Survey Abstract No.
Project Name:
706, Southlake Tarrant County, Texas
APPLICANT: Phone: (817) 589-0000
Terra Shady Oaks, LP
Phone: (817) 410-9201 PLANNER: Sage Group
Phone: (972) 929-8443
ENGINEER: Deotte Engineering
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/11/07 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 DENNIS KILLOUGH AT (817) 748-8072.
1.Provide easements for water, sewer and/or drainage in compliance with approved engineering &
construction plans.
(Variance requested,
2.Provide minimum rear lots lines of 125’ for lots adjacent to platted 1acre+ lots.
for Lots 5,6, 8-10, Block 1 & Lots 3, 11 & 12, Block 3)
3.A minimum 35’ BL is required along all street fronts. A minimum 20’ BL is requested along the side
(Variance requested for Lots 1, 8 & 10, Block 2 and Lot 9, Block 3)
street of corner lots.
4.The following changes are needed with regard to ROW’s:
a.A minimum 50’ ROW is required for local residential streets. A40’ ROW is proposed
(Variance is requested)
b.The collector street must meet the minimum geometric design standards of the subdivision
ordinance. A minimum 400’ CL radius, 50’ tangent lengths is required for 2 lane collector
(A variance is requested)
streets.
c.Label approximate centerline data.
d.Label streets with a unique name for ease of identification. A, B, C ... can be used until actual
names are developed.
5.Include the square footage or approximate acreage of open space in the data summary. Ensure that it
is accurately represented. Also, the most eastern median area appears to be problematic with regard to
maintenance and how close the two roads come together. Staff recommends redesigning.
Case No. Attachment D
ZA07-085 Page 1
The following should be informational comments only
============= ====================
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* A minimum 60’ wide collector connecting Shady Oaks Drive and N. Peytonville Avenue is
designated through this property. Street A, B & C provides for this connection. The developer
and builders should be aware that driveways must comply with the Driveway Ordinance No.
634, as amended. As currently written, the minimum residential driveway spacing between
residential driveway centerlines is 40 feet and the minimum spacing between the driveway
centerlines and the nearest intersecting street ROW’s boundary is 50 feet.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* The Fire Department requires two physical points of emergency access or that all homes be installed
with a fire sprinkler system for subdivisions having more than 30 lots. Although there are two planned
points of access which complies with the subdivision ordinance, the phasing plan does not provide the
two physical access points following construction of the first 30+ lots. The applicant has indicated in
their attached letter that all homes are to have a fire sprinkler system.
* On subsequent final plats, two intervisible boundary corners of the site must be geo-referenced by state
plane coordinates in accordance with section 8.03(B) of the Subdivision Ordinance No. 483 upon
submittal of the final plat, and, prior to acceptance of the subdivision by the City, a digital computer file
of the subdivision must be provided in accordance with Section 8.04 of Ordinance No. 483.
*
A final plat must be approved and filed of record in the county and all required infrastructure be
approved and accepted by the City prior to issuance of a building permit for construction.
* Denotes Informational Comment
Case No. Attachment D
ZA07-085 Page 2
Case No Review No.Dated: Number of Pages:
. 07-085 Four August 29, 2007 1
Project Name:
Shady Oaks (Zoning Change/Concept Plan)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on August 29, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
TREE CONSERVATION:
1. The Tree Conservation Plan shows the percentage of existing trees to be preserved instead of the
percentage of existing tree canopy cover to be preserved. Since the existing trees within the east
portion of the property are spaced more apart than the trees in the west portion of the property, it is
better to provide the preservation information on a tree-to-tree basis. Only 8.12% percent of the
existing trees on the development site are proposed to be removed for the full development of the
subdivision. This percentage does not include the existing trees within the proposed right-of-way as
allowed by Ordinance 585-C.
2 Most all of the existing trees on the property are large Post Oaks that have benefited from growing in a
pasture like setting for many years. There are also some Blackjack Oaks, Pecan, American Elm,
Sycamore, and Eastern Red Cedar. Street “A” cuts through a stand of scattered Post Oaks identified on
the Southlake 2025 Plan as recommended to be preserved and the applicant is proposing to preserve a
majority of the trees within large dividing medians and within open space adjacent to the right-of-way.
Street “C” has been repositioned to avoid the stand of trees to the north of it and although Street “L” is
proposed to be cut through the trees, less trees are proposed to be removed than when Street “C” was
shown cutting through the trees. The applicant has also provided significantly more open space in
locations where existing trees are located. This provides for the preservation more trees that provide
benefits for the entire community.
* 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.
SIDEWALKS:
1. Although it is not required by ordinance, it is recommended that the sidewalks along the R.O.W. be
repositioned at a minimum of 8’ from back of curb from the R.O.W. to allow sufficient space for
planting street trees on each lot.
Case No. Attachment D
ZA07-085 Page 3
Case No. ZA07-085 Review No. 4 Dated: 8/29/07 Number of Pages: 2
Project Name: Shady Oaks -- Zoning Change & Concept Plan
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 8/29/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
1.The Master Thoroughfare Plan shows a 60’ collector street between North Peytonville Avenue and
Shady Oaks Drive. The proposed street through the Shady Oaks subdivision does not lay out like a
collector street which would connect Peytonville Avenue and Shady Oaks Drive. Instead, the layout is
of a local, residential street which would not allow collector functionality with so many residential lots
fronting on it.
2.The proposed layout does not match the Master Thoroughfare Plan which shows a collector street that
is aligned along the north side of the school tract.
3.The phasing lines indicate that the collector street will be constructed in phases. Recommend
constructing entire collector street with the first phase of construction.
4. Typical street cross-sections should not be included on the preliminary plat.
5.Additional comments may be forthcoming with the review of the TIA for this development.
6. 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.
* The 232’ offset from the proposed collector street to Woodbrook in Cross Timber Hills exceeds the
City’s minimum requirement for an offset.
* Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
1.Provide a hydrant at the end of the water line at the southwest corner of the development rather than a
blow off at the end of the line.
2.The feasibility of the connection of the proposed sanitary sewer to the existing 8” gravity line to the
south will need to be further evaluated to determine if there is existing capacity downstream to handle
the flows from this 96 acre development.
* 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 and sanitary sewer lines cannot cross property lines without being in an easement or ROW (15’
minimum).
* 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.
Case No. Attachment D
ZA07-085 Page 4
DRAINAGE COMMENTS:
* Detention is not shown for the portion of the development south of the proposed collector street. The
connection of the proposed storm sewer system to existing off-site systems will be further evaluated
when the final engineering design and calculations are submitted.
* The difference between pre and post development runoff shall be captured in the detention pond(s).
The proposed detention ponds 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.
* This property drains into Critical Drainage Structures #7, 8, 10 and 20 and requires a fee to be paid
prior to beginning construction.
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan
Checklist directly to the Public Works Administration Department for review. 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 approved by Public Works prior to placing the Developer’s Agreement
on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
Case No. Attachment D
ZA07-085 Page 5
COMPREHENSIVE PLAN REVIEW SUMMARY
ZA07-085 & 086Two8/3/07
Case No: Review No.: Date of Review:
Project: Shady Oaks
Application Type: Zoning Change/Concept Plan and Preliminary Plat
Contact: Jenny Crosby Phone: (817) 748-8195 Email: jcrosby@ci.southlake.tx.us
Consolidated Land Use Plan Recommendations
The underlying land use designation is Medium Density Residential and the optional land use designation is
Rural Conservation. The proposed development is consistent with the Medium Density Residential
designation.
Environmental Resource Protection Recommendations
The Environmental Resource Protection (ERP) Plan recommends preserving trees whenever feasible.
Specifically, the ERP map identifies a portion of this property as a priority area for preservation:
The applicant has shown the ERP preservation area on the Tree Conservation Plan and the majority of the trees
in the preservation area will be saved. Across the entire site, the majority of the existing trees will be saved.
However, staff recommends that the applicant consider the use of the Rural Conservation Subdivision (RCS)
zoning district or R-PUD zoning district to preserve trees on the site.
Case No. Attachment D
ZA07-085 Page 6
Mobility & Master Thoroughfare Plan Recommendations
The Mobility & Master Thoroughfare Plan calls for a 60 foot 2 lane east-west collector across this property.
The applicant is proposing a residential street instead of the recommended collector. Staff recommends
realigning the through street so as to minimize the number of residential lots fronting on it.
Southlake Pathways Plan Recommendations
An 8 foot east-west trail is required across this property, per the Pathways Plan. This trail is shown on the
proposed plan on the north side of Street A, the west side of Street B, and the south side of Street C.
A 6 foot sidewalk is required on the east side of Peytonville Avenue, per the Pathways Plan. This sidewalk is
shown on the proposed plan.
Sidewalks (4 foot minimum) are required on both sides of all streets per the Subdivision Ordinance. These
sidewalks are shown on the proposed plan.
Additional Comments
If entry feature signs are proposed that do not comply with the city’s Sign Ordinance, a sign variance may be
requested in conjunction with the zoning & concept plan request. Scaled and dimensioned sign drawings must
be received a minimum of 3 weeks prior to the anticipated City Council meeting in order to be considered with
the zoning & concept plan. If sign drawings are not provided, a sign variance may be requested at a later date.
However, a completed sign variance application and non-refundable application fee ($250) will be required.
L:\MEETINGS\DRC\REVIEWS\COMP PLAN\2007\ZA07-085 SHADY OAKS 2007-08-03.DOC
Case No. Attachment D
ZA07-085 Page 7
Surrounding Property Owners
Shady Oaks
SPO # Owner Zoning Land Use Acreage
1. Low Density Residential
Whitt, Gary Etux Rhonda SF1-A 2.407
2. Low Density Residential
Long, Gary C Etux Robin SF1-A 3.909
3. Low Density Residential
Heath, Douglas A Etux Kathryn SF1-A 0.951
4. Low Density Residential
Moody, Gloria SF1-A 1.023
5. Low Density Residential
Dicesare, Diana L Etvir Jon W SF1-A 0.887
6. Low Density Residential
Dunlap, W Gary Etux Barbara SF1-A 0.976
7. Low Density Residential
Bales, David M SF1-A 0.986
8. Low Density Residential
Anderson, Douglas R Etux Janet SF1-A 1.106
9. Low Density Residential
McNeil, Charles A Etux Marta S SF1-A 1.034
10.Low Density Residential
Shy, Perry Etux Linda SF1-A 0.941
11.Low Density Residential
Berg, Nolan I Etux Tara L SF1-A 0.934
12.Medium Density Residential
Devoe, David D SF20A 0.463
13.Medium Density Residential
Brett, Brian E Etux Suzanne R SF20A 0.45
14.Medium Density Residential
Condensa, Gary A SF20A 0.473
15.Medium Density Residential
Hendricks, J C Etux Elizabeth SF20A 0.528
16.Medium Density Residential
Modi, Elesh H Etux Sabrina SF20A 0.467
17.Medium Density Residential
Riggs, Steven N & Teresa Belle SF20A 0.445
18.Medium Density Residential
Clayton, Douglas & Alicia SF20A 0.452
Case No. Attachment E
ZA07-085 Page 1
19.Medium Density Residential
Perera, Rajeev C Etux Sumudu R SF20A 0.454
20.Medium Density Residential
Kirby, Jeffrie C Etux Nancy C SF20A 0.456
21.Medium Density Residential
Hixson, Charles O Etux Susan M SF20A 0.462
22.Medium Density Residential
Strother, Joe P Etux Amy L SF20A 0.544
23.Medium Density Residential
Longwell, Jerrold Etux Joyce SF20A 0.455
24.Medium Density Residential
Shafi, Shaid Etux Ayesha SF20A 0.457
25.Medium Density Residential
Bryant, Thomas M Etux Beverly SF20A 0.505
26.Medium Density Residential
Mazzei, Hugh J Etux Maricela Z SF20A 0.455
27.Medium Density Residential
Wise, Philip W Etux Anne O SF20A 0.463
28.Medium Density Residential
Hubert, Steven & Jean SF20A 0.464
29.Medium Density Residential
Tough, Thomas H Etux Judith A SF20A 0.461
30.Medium Density Residential
Johnston, David L Etux Elizabe SF20A 0.672
31.Medium Density Residential
Vaccaro, Anthony Jr Etux K SF20A 0.672
32.Medium Density Residential
Schroeder, Raymond & Amy Mills SF20A 0.479
33.Medium Density Residential
Joyce, Mark E SF20A 0.498
34.Low Density Residential
Marks, William M Etux Jill Y SF1-A 2.33286704
35.Public/Semi-Public
Carroll ISD CS 28.98
36.Low Density Residential
Willard, John E Etux Maureen RPUD 0.767
37.Low Density Residential
Johnson, Casey Etux Leslie RPUD 0.778
38.Low Density Residential
Packard, Matthew W Etux Michel RPUD 0.784
39.Low Density Residential
Reynolds, Gary E Etux Deborah RPUD 0.768
40.Low Density Residential
Williams, Robert D Etux Kari D RPUD 0.788
41.Low Density Residential
Laubenthal, Thomas J & Jean RPUD 0.795
42.Low Density Residential
Cummings, John D RPUD 1.056
43.Low Density Residential
Nolan, Katherine Etvir James L RPUD 1.086
44.Low Density Residential
Duval, Clinton Etux Deborah RPUD 1.873
45.Low Density Residential
Coventry Manr Homeowner's Asso RPUD 1.969
46.Low Density Residential
Coventry Manr Homeowner's Asso RPUD 1.551
47.Low Density Residential
Gorman, Paul R Etux Leslie Y SF1-A 1.092
48.Low Density Residential
Palla, Ronald R Etux Marsha SF1-A 1.028
49.Low Density Residential
Robinson, Donna B SF1-A 1.122
50.Low Density Residential
Chwa, Richard SF1-A 1.086
51.Low Density Residential
Miller, John & Cynthia Hanking SF1-A 1.103
52.Low Density Residential
Lee, Champ A Etux Joyce SF1-A 1.08
53.Low Density Residential
Leftwich, Thomas M Etux Kathy SF1-A 1.908
54.Low Density Residential
Gallaway, Richard & Rita SF1-A 1.127
55.Low Density Residential
Runyan, Billy W Etux Betty AG 0.987
56.Low Density Residential
Hamilton, Ronald L AG 1.491
57.Low Density Residential
Russell, Ann AG 1.546
58.Low Density Residential
Kemins, Robert A Etux Marie A AG 0.52
59.Low Density Residential
Fleps, John J Etux Petronella AG 1.723
60.Low Density Residential
Hardy, Monty Etux Linda AG 1.128
61.Low Density Residential
Fleps, John J Etux Petronella AG 1.085
62.Medium Density Residential
McDonald, Beverly G AG 2.059
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ZA07-085 Page 2
63.Medium Density Residential
Shady Oaks Ranch Ltd AG 17.462
64.Medium Density Residential
Scherer, Hugh C AG 0.893
65.Medium Density Residential
Robinson, Wendy M AG 0.524
66.Medium Density Residential
Johnson, Arnold Jr Etux Ellen AG 0.487
67.Medium Density Residential
Carroll ISD AG 2.04
68.Medium Density Residential
Carroll ISD AG 2.207
69.Medium Density Residential
Carroll ISD AG 1.816
70.Medium Density Residential
Carroll ISD AG 1.233
71.Medium Density Residential
Carroll ISD AG 16.01
72.Medium Density Residential
Clow, John L AG 1.067
73.Medium Density Residential
Shady Oaks Ranch Ltd AG 34.712
74.Medium Density Residential
Shady Oaks Ranch Ltd AG 17.964
75.Medium Density Residential
Swirczynski, Virgil L Etux Ann AG 1.022
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ZA07-085 Page 3
Surrounding Property Owner Responses
Shady Oaks
Notices Sent: Seventy-five (75).
WITHIN 200 FEET
Responses Receive:
In Favor:
Two (2)
Opposed:
Thirteen (13)
Undecided:
One (1)
OUTSIDE 200 FEET
In Favor:
One (1)
IN FAVOR WITHIN 200 FEET
Douglas & Janet Anderson (SPO #8),
901 Raven Bend Court, submitted a Notification Response
Favor
Form in on August 7, 2007 (see attached).
Ann Russell (SPO #57),
1049 N Shady Oak Drive, submitted a Notification Response Form in
Favor
on August 7, 2007 (see attached).
OPPOSED WITHIN 200 FEET
Gary & Rhonda Whitt (SPO #1),
1225 N Peytonville Ave., submitted a Notification Response
Opposition
Form in on July 30, 2007 (see attached).
David & Elizabeth Johnston (SPO #30),
1101 Travis Court, submitted a Notification Response
Opposition
Form in on August 6, 2007 (see attached).
Charles & Marta McNeil (SPO #9),
905 Raven Bend Court, submitted a Notification Response
Opposition
Form in on August 6, 2007 (see attached).
Tom & Judy Tough (SPO #29),
1103 Travis Court, submitted a Notification Response Form in
Opposition
on August 7, 2007 (see attached).
Anthony & Keirstin Vaccaro (SPO #31),
1100 Travis Court, submitted a Notification Response
Opposition
Form in on August 7, 2007 (see attached).
John & Diana Dicesare (SPO #5),
1000 Raven Bend Court, submitted a Notification Response
Opposition
Form in on August 7, 2007 (see attached).
Monty & Linda Hardy (SPO #60),
1100 N Shady Oak Drive, submitted a Notification Response
Opposition
Form in on August 7, 2007
JC & Elizabeth Hendricks (SPO #15),
602 Loving Court, submitted a Notification Response
Opposition
Form in on August 7, 2007 (see attached).
Elesh & Sabrina Modi (SPO #16),
604 Loving Court, submitted a Notification Response Form in
Opposition
on August 9, 2007 (see attached).
Hugh & Maricela Mazzei (SPO #26),
906 Brazos Dr, submitted a Notification Response Form in
Opposition
on August 9, 2007 (see attached).
Beverly McDonald (SPO #62),
587 Shady Oaks Drive, submitted a Notification Response Form
Opposition
in on August 9, 2007 (see attached 2 pages).
Hugh Scherer (SPO #64),
620 N Shady Oak Drive, submitted a Notification Response Form in
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ZA07-085 Page 1
Opposition
on August 9, 2007 (see attached).
Steven & Teresa Riggs (SPO #17),
606 Loving Court, submitted a Notification Response Form
On July 26, 2007 stating Undecided,
o
Opposition
On August 23, 2007 a second Notification Response Form in (see attached).
o
UNDECIDED WITHIN 200 FEET
Billy & Betty Runyan (SPO #55),
979 N Shady Oaks Drive, submitted a Notification Response
Undecided
Form stating on August 7, 2007 (see attached).
OUTSIDE 200 FEET
Stephen & Ann Bailey, Favor
709 Edwards Court, submitted an E-Mail in on August 23, 2007
(see attached).
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Responses in Favor
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Responses in Opposition
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Responses stating Undecided
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OUTSIDE 200 FEET
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SPIN MEETING REPORT
CASE NO.
ZA07-085
PROJECT NAME:
Shady Oaks
SPIN DISTRICT:
13
MEETING DATE:
July 9, 2007 at 6:30PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Approximately Fifty (50)
SPIN REPRESENTATIVE(S) PRESENT:
Vic Awtry
APPLICANT(S) PRESENTING:
Kosse Maykus
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
APPLICANT PRESENTATION SUMMARY
About the Developer
The Terra Land Management family of developers has developed about 16 subdivisions in
Southlake, including:
Estes Park
o
Oak Pointe
o
Sandlin Manor
o
Clariden Ranch
o
Property Situation of Proposed Development
97 acres bordered by Coventry (North), Southridge Lakes (South), Shady Oaks Drive, Durham
Elementary/Intermediate School (East), Raven Bend (Southwest), Cross Timber Hills, and N.
Peytonville Avenue (West)
Development Details
Before planning, developer identified existing conditions and cataloged approximately 550 trees on
the site
Proposing SF-20A zoning for 136 lots on 97 acres
Clowe property = 70 acres
o
CISD property = approx. 27 acres
o
CISD property was planned for a middle school
City’s Master Thoroughfare Plan shows a collector street connecting Shady Oaks Dr. and
Peytonville Ave. – this development offers that connection
City’s Pathways Plan shows a 8-foot trail planned to connect Peytonville to Shady Oaks – this
development offers that connection
Case No. Attachment G
ZA07-085 Page 1
Development will be built in phases, starting with the northeast corner along Shady Oaks Dr
nearest Coventry
Only custom builders will be used
QUESTIONS & DISCUSSION
Raven
Cross
Coventry
Southridge Lakes
Bend
Timber
Hills
DRAINAGE
What are you going to do about the drainage into Southridge Lakes? The previous plan
QUESTION:
showed a drainage detention pond abutting Southridge Lakes lots, where is that and what will
happen to that drainage now?
What will the pond look like on the north end?
QUESTION:
Will there be additional drainage on Peytonville as a result of this development? Where will the
QUESTIONS:
water that leaves the site on Peytonville go? Can you improve the ditches along Peytonville?
There is a creek on the east side of Shady Oaks Dr that runs north… do you expect any of this
QUESTION:
development’s runoff to go into that creek?
There is a huge flow of water behind lots 27—29 of Southridge Lakes. Will there be any kind of
QUESTION:
retaining wall to hold off and capture that water?
The City should have a Comprehensive Drainage Plan to address areas like this.
CONCERN:
DEVELOPMENT
Is there a minimum home size?
QUESTION:
What is your expected price point and how many builders will be used?
QUESTION:
RESPONSE: $1.3 – $2.0 million homes on approximately $300,000+ lots built by 8—10 builders.
What are the setbacks of the properties? What kind of fencing is proposed?
QUESTION:
This plan is much different from the previous plan. Why has it changed ?
QUESTION:
What size lots are you proposing ?
QUESTION:
RESPONSE: The average lot size is approximately 25,000 square feet. The minimum is 20,000 square feet,
which is the minimum required under the requested SF-20A zoning district category.
What size homes are you proposing ?
QUESTION:
RESPONSE: Between 5,000 and 6,000 square feet.
Will the sidewalk be for public use ? Where will they be placed ? Sidewalks are lacking in this
QUESTIONS:
area and would be beneficial to get to Durham Elementary & Intermediate School.
What is the anticipated schedule of development? Specifically, during which phase will the
QUESTION:
entire roadway be completed?
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ZA07-085 Page 2
RESPONSE: The developer hopes to begin infrastructure installation in December 2007 and deliver the first lots
April/May 2008. They are planning this to be a 3-5 year project, although Estes Park (similar in
size & character) was planned for 6-years and is ahead of schedule.
TRAFFIC
Won’t this duplicate the problem Coventry has with cut-through traffic?
QUESTION:
Street alignment on both Peytonville & Shady Oaks. Some residents thought there should be a
DEBATE :
controlled intersection at Cross Timbers and the entrance to the new development, some
thought the entrance should be placed further south.
Does this new plan change the entrance of Coventry?
QUESTION:
RESPONSE: This new plan presented tonight does not change the entrance to Coventry.
OTHER
How will it affect Durham’s attendance?
QUESTION:
Who will be mowing the Clowe property in the interim?
QUESTION:
RESPONSE: As soon as Mr. Clowe is off the property, we (the developer) will be responsible for its mowing.
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 G
ZA07-085 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-531
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
LEGALLY DESCRIBED AS TRACTS 11, 11C, 11C2, 11C2A, 11C7, 11D, 11D1,
11E, 11F, AND A PORTION OF LOT 2, SITUATED IN THE T. HOOD SURVEY,
ABSTRACT NO. 706, BEING APPROXIMATELY 96.3 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-20A” SINGLE FAMILY RESIDENTIAL
DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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 “AG” Agricultural 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
Case No. Attachment H
ZA07-085 Page 1
corporation having a proprietary interest in said property; and
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
Case No. Attachment H
ZA07-085 Page 2
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
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 Tracts 11, 11C, 11C2, 11C2A, 11C7, 11D, 11D1, 11E, 11F, and a portion of Lot 2,
situated in the T. Hood Survey, Abstract No. 706, being approximately 96.3 acres, and more
fully and completely described in exhibit “A” from “AG” Agricultural District to “SF-20A”
Single Family Residential District as depicted on the approved Concept Plan attached hereto
and incorporated herein as Exhibit “B,” and subject to the following conditions::
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Case No. Attachment H
ZA07-085 Page 3
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
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.
Case No. Attachment H
ZA07-085 Page 4
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.
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
Case No. Attachment H
ZA07-085 Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ____ day of _________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
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EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 11, 11C, 11C2, 11C2A, 11C7, 11D, 11D1, 11E, 11F, and a portion of Lot 2, situated in the T.
Hood Survey, Abstract No. 706, being approximately 96.3 acres:
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EXHIBIT “B”
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Tree Conservation Plan
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Tree Survey
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