Item 8ACity of Southlake
Department of Planning
STAFF REPORT
February 14, 2003
CASE NO
ZA02 -086
PROJECT: Oak Pointe
REQUEST: Hat Creels Development, Inc. is requesting approval of a zoning change from "AG" to
"R -PUD" and a concept plan.
ACTION NEEDED: Consider first reading for zoning change and concept plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Background Information
Vicinity Map
Plans and Support Information
Concept Plan Review Summary
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -417
Full Size Plans (1br Commissvion and Council Members Only)
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA02 -086
BACKGROUND INFORMATION
OWNER/APPLICANT: Hat Creek Development, Inc.
PURPOSE: The purpose of this request is to receive approval of a zoning change request
and concept plan for the development of 26 residential lots.
PROPERTY SITUATION: The property is located on the west side of Ridgecrest Drive, approximately
1200' north of East Dove St., and being approximately 27 acres.
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING:
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
Case No.
ZA02 -086
Tract 1G, out of the Joel Chivers Survey, Abstract No. 350, being
approximately 26.994 acres
Low Density Residential
"AG" Agricultural District
"R -PUD" Residential Planned Unit Development
There is no development history on this property. The property is vacant.
Master Thoroughfare Plan
Ridgecrest Drive is not identified on the Master Thoroughfare Plan.
However, the standard right -of -way width for a street with a `rural' cross
section (bar -ditch with soft shoulders) is 60' of right -of -way. Adequate right -
of -way is being dedicated.
Existinm Area Road Network and Conditions
The proposed subdivision will have one (1) access directly on to Ridgecrest
Drive. The applicant is providing a cul -de -sac with an option for future
connection to the property to the south.
Ridgecrest Drive is currently a 2 -lane, undivided roadway extending north
from E. Dove Street that services several residential properties and
neighborhoods in the north part of Southlake.
Traffic Impact
Use
# Units
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM_
OUT
Single - Family Housing
26
249
5
15
17
10
*Vehicle Trips Per Day
*The AN"M times represent the number of vehicle trips generated during the peak travel times
Attachment A
Page 1
on Ridgecrest Drive.
WATER & SEWER: An 8" water line exists along the east side of Ridgecrest Drive. Sanitary
sewer will be provided to each lot.
ESTIMATED IMPACT
FEES: Table #3:
Water
$49,291.06 (assumes 26 — 1" simple meters)
Wastewater
$30,716.40 (assumes 26 — 1" simple meters)
Roadway
$38,887.42 (assumes 26 single family homes)
*Final impact fees are determined by the Building Services Department at the time of building
permit issuance. The fees shown above represent estimates prepared by the Planning
Department.
P &Z ACTION: January 23, 2003; Approved (7 -0) subject to Concept Plan Review Summary
No. 3, dated January 17, 2003, granting requested variances. Applicant willing
to install temporary fire lane along south boundary of site through the city
property if it can be worked out with the city; plus moving entrance
approximately 125' to the south.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated February 14, 2003.
The applicant requests the following variances:
1) Review Item No. la requiring a street stub into the west boundary
connecting to the dedicated ROW stub for Sweet Street.
2) Review Item No. 2a requiring a minimum 125' rear lot line width on
certain lots.
The applicant also requests approval of the RPUD uses and development
regulations included as part of Attachment `C'.
M \Coimnunity Development \WP - FILES \MEMO \2002cases \02- 086ZCP.doc
Case No. Attachment A
ZA02 -086 Page 2
Vicinity Map
Oak Pointe
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Being a 26,994 acre 1:-.1 of a tract of
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Cily of Southloke. , Volume 13.784. Pe9e 465
71-w,y. 3P I A
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
This proposal is made by H Creek Development, Inc. on behalf of the current property owners described
herein requesting the property be rezoned from Agriculture to a Planned Unit Development to be known as
Oak Pointe Estates. The 26.994 acre project will be improved as a single family residential community
with open space.
The master plan has been designed to create a neighborhood community which affords the benefits to the
new homeowners of significant open space while concurrently providing the benefits of maintaining the
existing trees and vegetation to the existing adjacent neighborhood.
This presentation to the City of Southlake will document and provide information in three areas:
1. Review of the existing site with its current ownership, uses, natural features, etc., and review of
surrounding conditions such as adjacent zoning, land uses, perimeter streets, etc.;
2. Description of the proposed development concept for the requested PUD including Iand use and the
integration with the surrounding uses, density, development standards and requirements, mandatory
home owners association, sidewalk system and park facility;
3. Detailed description and evaluation of on -site and off -site development improvements including paving,
storm water drainage, water and sewer facilities and the benefits of the integration of each into the
surrounding properties and general area.
PROJECT LOCATION AND DESCRIPTION
The Oak Pointe Estates subdivision will be located on the west side of Ridgecrest Drive, north of Dove
Road. The property is somewhat rectangular in shape with two existing lots cut out of the southeastern
boundary of the property. One of the lots is an existing attractive single - family residence. The other lot is
an existing multi - family structure, in need of repair.
The property is, for the most part, unimproved. The general area of Oak Pointe Estates is, primarily,
improved with single -family residential developments.
RECD JAN 2 7 2003
Case No. Attachment C
ZA02 -086 Page 2
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District (`PUD ") Residential Community
Southlake, Texas
• To the north of Oak Pointe is an approximately 30 acre equestrian facility. The balance of the
development north is a mix of smaller lots (12,000 to 20,000 square feet) and larger estate properties
(1 acre plus).
• To the north and west, is the newer Loch Meadows Estates, which are one acre lots bounded by Corps
of Engineers property.
• To the east are larger estates with a row of new, one acre lots and homes to the Southeast. Directly
south and southwest is the proposed Southlake DPS facility.
• To the west is Sweet Street which is a mix of single- family and undeveloped property. Also, to the
west are approximately four large estates with existing single - family homes.
The property rises from the South to the Northwest with a prominent ridge of Oak trees, hence the name
"Oak Pointe ". There are numerous trees and a scenic pond. The property accepts significant storm
drainage from the west.
The plan for the PUD was created with all of these factors taken into account. The plan is in compliance
with the City of Southlake's land use plan of low density_ There is less than one unit per acre. There is
8.866 acres of open space. The open space will be 33% of the planned development. The open space will
be passive with walking trails, park benches, and picnic areas. The open space has been clustered in the
area with the most trees and along the Ridgecrest frontage. The entire Ridgecrest frontage, from the
existing multi - family home, will be open space. The other large open space will be to the northwest. This
space has significant trees and significant terrain. This location will also provide a broad buffer to the
existing home and equestrian facility to the south. The various land uses of the surrounding properties
have been taken into consideration in the creation of a master plan and preliminary plat for Oak Pointe
Estates so as to create a suitable and appropriate transition between the existing properties while creating
an attractive and marketable residential community.
RECD JAN 2 7 2003
Case No. Attachment C
ZA02 -086 Page 3
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
PROPOSED SITE ZONING AND LAND USE
The proposed zoning of Oak Pointe Estates is a Planned Unit Development District C PUD "). The
proposed land use for Oak Pointe Estates is for single family, detached residential units with a maximum
density of .96 units per acre or approximately 26 residential lots.
DEVELOPMENT CONCEPT
The goal of the Oak Pointe Estates development is to have a quality, family oriented, residential
community offering a peaceful environment. Primary access to the subdivision will be located off
Ridgecrest Dr. Internally, the streets are curvilinear in nature. The streets will be asphalt, with a concrete-
ribbon type of curb. These streets will provide a pleasing visual streetscape while also discouraging cars
from traveling at excessive speeds.
The Development Plan calls for an overall configuration and lot plan to compliment the surrounding uses.
The two lots which front Ridgecrest have been planned with much larger lot depths and front yard
setbacks. This will allow for homes which set back from Ridgecrest. The other lots which back up to
adjacent property are planned with extra depth.
There will be no perimeter masonry fence on Ridgecrest. The substantial open space provided on this
frontage will serve to lessen the visual impact of this subdivision from the neighborhood. There will be
wood screening fencing installed adjacent to the existing multi - family structure. On the western boundary
of the development, six foot rod -iron fencing will be constructed using a standard design. Within the
subdivision, all fencing which faces the front building line will be constructed using the same standard rod
iron fence design.
RECD .SAN 2 7 2003
Case No. Attachment C
ZA02 -086 Page 4
OAK POFNTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
PERMITTED USES
Permitted Uses, Accessory Uses, Specific Use Permits, Special Exceptions, and Development
Regulations shall be in accordance with those permitted by the Comprehensive Zoning Ordinance No. 480,
Section 14 for the "SF -20A" Single Family District and other applicable sections except for the following.
Special Exception Uses: Servant or family quarters shall be permitted in accordance with
Ordinance No, 480, Section 44.12.1.
DEVELOPMENT REGULATIONS
The following development regulations shall be applicable within Oak Point Estates.
I. Minimum Lot Size - 20,000 square feet.
2. Minimum Lot Width - One Hundred (100) feet, except eighty -five (85) feet as measured on the curve
of the building line when over fifty percent (50%) of the lot is on the curve of a cul -de -sac.
3. Minirnwn Lot Depth - One Hundred twenty -five (125) feet.
4. Minimum Floor Area - Three thousand five hundred (3500).
5. Maximum Height - 2 % stories or thirty -five (35) feet.
6. Minimum Front Yard - Thirty -five (35) feet, except forty-five (45) feet for lots fronting on Ridgecrest
Road,
7. Minimum Rear Yard - Forty (40) feet.
8. Minimum Side Yard - Fifteen (15) feet.
9. Side Yard Adjacent to a Street - Twenty (20) feet.
10. Maximum Lot Coverage - Thirty percent (30'%), except that the sum total of accessory buildings shall
not exceed 600 square feet.
11. Maximum Residential Density -.96 units per gross acre.
' FEB 12
20 03
Case No. Attachment C
ZA02 -086 Page 5
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
HOMEOWNERS ASSOCIATION
A home owners association will be established and be in place from the outset of the development whereby
all homeowners will be mandatory members of the association. The responsibilities of the association will
be to maintain all community owned common areas and to enforce the Oak Pointe Estates deed restrictions
in order to maintain the quality, character and values of Oak Pointe Estates.
SUMMARY
The proposed community of Oak Pointe Estates is designed and will be developed as a family oriented
single family residential community with ample consideration given to the surrounding zoning and uses so
as to be a positive and homogeneous addition to this area of Southlake. I respectfully request the City of
Southlake Planning and Zoning Commission and City Council consider and approve a change in zoning
from "AG" agricultural and "SF -20A" residential to "PUD" Residential Planned Unit Development District
pursuant to the criteria presented and discussed herein.
RECD JAI 2 7 2003
Case No.
ZA02 -086
Attachment C
Page 6
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA02 -086 Review No.: Five Date of Review: 2/14/03
Project Name: Development Plan — Oak Pointe
APPLICANT: Hat Creek Development, Inc. ENGINEER: Civil Works Group
Kosse Maykus John E. Levitt, P.E.
P.O. Box 92 -747 P.O. Box 681
Southlake, TX 76092 Rhome, TX 76078
Phone: (817) 329 -3111 Phone: (817) 638 -2717
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT DEVELOPMENT PLAN RECEIVED BY THE CITY
ON 1/27/03 AND THE USE & REGULATION SHEET RECEIVED BY THE CITY ON 2/12/03 AND WE OFFER THE
FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS ORNEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481 -2086.
1. The following changes are needed regarding R.O.W.:
a. Provide a through street connection to Sweet Street. (Variance Requested)
b. Show R.O.W. of Ridgecrest Drive in accordance with adjacent plat dedications for Oakwood,
Ridgecrest and Stonegate Manor.
2. The following changes are needed regarding the proposed lotting:
a. Provide a minimum lot width of 125' on all lots abutting property that is currently zoned or
platted residential or has an approved Low Density Residential designation according to the
City Land Use Map. Lots 1,5, 11 & 16, Block 1 and Lot 10, Block 2 do not comply.
(Variance Requested)
3. Change Plan title to Development Plan.
Case No.
ZA02 -086
Attachment D
Page 1
INFORMATIONAL COMMENTS:
* Provide minimum finish floor elevations on the lots adjacent to the drainage easements on final plats.
* Additional Easements may be required on Final Plats in conjunction with review of construction
plans.
* Allow the Subdivision Ordinance requires general utility easements along the perimeter boundary
regardless of need, staff recommends that these easements be limited to necessity and be located in a
manner that limits the negative impact on existing trees.
* It appears this property, or a portion thereof, lies within the 65 LDN D/FW Regional Airport Overlay
Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning
Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 ofthe
Subdivision Ordinance No. 483 must be executed on subsequent Final Plats to be filed in the County
Plat Records.
* A Developers Agreement is required prior to construction of any public infrastructure. The
Developer's Agreement for this addition should consider streets, drainage, park dedication
requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact
fees.
Case No. Attachment D
ZA02 -086 Page 2
Surrounding Property Owners
Oak Pointe
Case No.
ZA02 -086
Attachment E
Page 1
Owner
Zoning
Land Use
Acreage
1.
J. Gilbert
1.
AG
1.
Low Density Residential
1.
24.8
2.
E. Grass
2.
SMA
2.
Low Density Residential
2.
1.00
3.
Loch Development
3.
AG
3.
Low Density Residential
3.
0.59
4.
V. Vetter
4.
AG
4.
Low Density Residential
4.
2.56
5.
G. Templin
5.
AG
5.
Low Density Residential
5.
5.82
6.
T. Keen
6.
AG
6.
Low Density Residential
6.
1.68
7.
T. Keen
7.
AG
7.
Low Density Residential
7.
6.66
8.
S. Fertitta
8.
AG
8.
Low Density Residential
8.
1.00
9.
D. Schaible
9.
SMA
9.
Low Density Residential
9.
1.51
10.
N. Santiago
10.
SMA
10.
Low Density Residential
10.
1.10
11.
City of Southlake
11.
SMA
11.
Low Density Residential
11.
30.2
12.
B. Williams
12.
AG
12.
Low Density Residential
12.
3.60
13.
D. Woodall
13.
AG
13.
Low Density Residential
13.
1.84
14.
M. Schelling
14.
AG
14.
Low Density Residential
14.
6.54
15.
M. Schelling
15.
AG
15.
Low Density Residential
15.
3.51
16.
E. Compton
16.
AG
16.
Low Density Residential
16.
3.21
17.
L. Conway
17.
AG
17.
Low Density Residential
17.
1.28
18.
S. Conway
18.
AG
18.
Low Density Residential
18.
1.56
19.
A. Rivera
19.
AG
19.
Low Density Residential
19.
1.04
20.
K. Markum
20.
AG
20.
Low Density Residential
20.
1.36
21.
Hat Creek Development
21.
AG
21.
Low Density Residential
21.
26.9
Case No.
ZA02 -086
Attachment E
Page 1
Surrounding Property Owner Responses
Oak Pointe Estates
Notices Sent: Seventeen (17)
Responses: Five (5) from within the 200' notification area
• George and Nancy Templin, 2 78 7 Ridgecrest Drive, Southlake, TX are opposed... see
attachments. (Received 1- 17 -03)
• Thomas and Carolyn Keen, 2745 Ridgecrest Drive, Southlake, TX (submitted concerns 1- 21 -03)
The following property owners submitted a letter stating:
"I am a property owner and resident of Sweet Street. As you may know, Sweet Street is a one lane,
dead -end street that ends a few yards west of the above referenced property. It has been brought to my
attention that there has been several discussion concerning making Sweet Street a through street
connecting White Chapel with Ridge Crest by way of proposed Oak Pointe Drive. Please be advised
that I am opposed to this proposal. Sweet Street is a quite, tranquil street where children can play
without fear and I would like for it to remain as such."
• Ellen Conway, 106 Sweet St., Southlake, TX. is opposed (Received 1- 30 -03)
• Lee E Conway, 180 Sweet St. Southlake, TX. is opposed (Received 1- 30 -03)
• Marion & Eugene Compton, 225 Sweet St., Southlake, TX are opposed (Received 1- 30 -03)
Seven (7) responses from outside of the 200' notification area submitted the same letter mentioned
above:
• Robert Kimbrell, 102 Sweet St., Southlake, TX. is opposed (Received 1- 30 -03)
• Bill R. Hobbs, 105 Sweet St., Southlake, TX is opposed (Received 1- 30 -03)
• Jesse & Audra Herring, 126 Sweet St., Southlake, TX are opposed (Received 1- 30 -03)
• James & Ruth Rasmussen, 170 Sweet St, Southlake, TX are opposed (Received 1- 30 -03)
• Dennis & Barbara O'Hara, 136 Sweet St., Southlake, TX are opposed (Received 1- 30 -03)
• Kevin & Kim Thacker, 125 Sweet St., Southlake, TX are opposed (Received 1- 30 -03)
• Danny & Kay Nelson, 142 Sweet St., Southlake, TX. are opposed (Received 1- 30 -03)
Case No. Attachment F
ZA02 -086 Page 1
Property Owner Response Form
Reference: ZA02 -086
Oak Pointe Estates
1, George R. & Nancy S. Templin
2787 Ridgecrest Drive
Southlake, Texas 76092
817- 481 -9057
Being the owner(s) of the property so noted, do hereby favor pose (circle or
underline one) the proposed rezoning of the above referenced property.
Return or Mail to:
City oi' Soutlilake
Pl anner Department
1400 Main Street, Suite 310
Southlake, Texas 76092
RECD JAN 17 2003
Case No.
ZA02 -086
Attachment F
Page 2
Case no. ZA02 -086
Oak Pointe Estates Proposal
Property owners: George R. Templin and Nancy S. Templin
2787 Ridgecrest Drive
Southlake, TX 78092
817 -481 -9057
Property Owner Response
We the parties listed above, residing on 5.82 acres with 430 feet of road frontage on
Ridgecrest, directly east of the property requesting a zoning change do hereby oppose
the request for rezoning from "AG' Agricultural District to "R -PUD" Residential Planned
Unit Development District The reasons for our opposition to the request are as follows.
• The proposed R -PUD zoning for the location does not comply with the Southlake
master plan of SF -1A, low- density housing that suggests a minimum of 1 -acre
lots.
o Although the site plan suggests an effective density of 1 acre per house
with approximately 8 acres of "common area" and 5 acres of open space,
the proposed housing plan indicates 26 homes on 4 ! acre or less lots.
o I would submit that 5 or more of the 8 acres of "common area" are
actually natural drainage or heavy terrain areas. These areas do not lend
to easy development without significant engineering and /or tree removal.
The other "undeveloped" 5 acres are streets and sidewalks.
• Current zoning for the areas surrounding the property in question, as well
as over 30 acres of city owned property (rezoned in 1998), is low density
or SF -1 A zoning. I see no public or socially redeeming reasons to grant a
variance beyond the SF -1A zoning already predominant in the area.
• It also acknowledged that two interrelated cases are being considered,
(Reference: Case no. ZA02 -087).
Case no. ZA02 -087 Preliminary Plat for Oak Pointe
While 1 am advised that the ' Property Owner Response Form is only relevant to the
zoning change request, I do not believe that re- zoning can be considered without
reviewing the preliminary plat for Oak Pointe and its potential impact. This is necessary
to gain an understanding and appreciation for the following issues and concerns.
• Drainage is an issue that can only be exacerbated by high density housing on
the proposed tract of land.
a Subsequent to the further phased development of the Kirkwood Hollow
development on Whites Chapel, we have seen increased runoff through
the tract of land proposed for development. This increased runoff
frequently exceeds the capacity of the natural and man built drainage
areas. (Photographs showing the runoff problem and the normal state of
the properties impacted by the runoff problem are attached) The runoff
portrayed in the photographs was taken over an hour after a notable, but
not exceptional rain of 1 inch.
o During rainy seasons, once the ground is saturated, excessive water
drainage actually flows over the drainage culverts and above Ridgecrest
Drive. These drainage culverts under Ridgecrest Drive feed into a natural
creek on the south side of our property. In addition to running over
Ridgecrest Drive, the run -off washed out the "private road" that borders
the creek on the south side.
REUD JAN 1 7 2003
Case No.
ZA02 -086
Attachment F
Page 3
Case no. ZA02- 086/ZA02 -087
Oak Pointe Estates Proposal
Property owners: George R. Tempiin and Nancy S. Templin
2787 Ridgecrest Drive
Southlake, TX 76092
817- 481 -9057
Sewage disposal for 26+ new homes to be built on the property.
o The site plan does not appear to specifically address sewage or sewer
line routing beyond its property line. However it was discussed during the
SPIN meeting held on December 19, 2002, that meetings with the city
had included discussion of using the " private road as an easement for
running sewage lines from the development to Dove Road. (NOTE: The
most recent city approved sewage line runs along the west side of
Ridgecrest Drive parallel to the Oak Pointe property to Dove Road.)
• Along the side of the natural creek that runs along the south side
of our property, is the " private road that allows access to
properties east of Ridgecrest and our property. This road is
necessary to prevent those properties from being land - locked. I
might note that the City of Southlake has repeatedly advised us
that this is a " private road (When the road was damaged by the
excessive runoff, exhibited in the attached pictures, we contacted
several representatives of the city and asked if they could help
repair it from the runoff damage or dump gravel that we could
spread ourselves. We were denied any assistance because the
road is private.)
• Beyond the matter of private" vs. "public" road, lies the question
of why Oak Pointe Estates would not tie in to the existing and
approved sewage fine.
Traffic Flow for the new residents of the 26+ homes and current residents.
o The site plan indicates a single access road intersecting with Ridgecrest
Drive near the North side of our property line. This concern is not only
personal, in that the plan shows it running directly into our driveway and
bisecting our property, but one of public safety.
• The proposed access road intersects Ridgecrest at a point
approximately 255 feet from an S curve on Ridgecrest where
there have been numerous accidents over the years. At the
pasted speed, (30 mph), a vehicle traveling south on Ridgecrest
reaches the point of the proposed access road in about 5.8
seconds, immediately after negotiating the S curve. A high
percentage of traffic reaches the point of the proposed access
road intersection to Ridgecrest in less than 4 seconds.
• The S curve and several oak trees that border Ridgecrest
significantly limit the visibility of traffic at the point of the proposed
access road.
• An additional concern is that access to the development, most
importantly emergency vehicles, will be limited to one road located
4 /10ths of a mile from Dove Road. This would mean emergency
vehicles would need to travel an additional 8 /10ths of a mile,
through a residential area, to reach the residence at the far south
side of the development.
RECD JAN 1 7 2003
Case No.
ZA02 -086
Attachment F
Page 4
Case no. ZA02- 0861ZA02 -087
Oak Pointe Estates Proposal
Property owners: George R. Templin and Nancy S. Templin
2787 Ridgecrest Drive
Southlake, TX 76092
817 - 481 -9057
Ridgecrest Drive, which intersects Dove Road, currently provides
vehicular access for 79 homes located along Ridgecrest Drive and
several roads at the north end of Ridgecrest Drive. Oakpoint will
add the additional traffic load of 26 homes or a 25% increase.
Sweet Lane dead -ends 50 yards from the Oak Pointe property on
the west side of the Oak Pointe property line and currently
services 7 permanent residences and 4 trailer homes. Sweet
Lane abuts Whites Chapel Blvd., which is currently a planned
thoroughfare for Southlake.
Devaluation of Property Value
c My wife and I have spent hundreds of thousands of dollars, sweat and
blood working to maintain and improve our property over the years to
have a home and property that we are proud of. We believe that approval
of the Oak Pointe zoning and plat will devalue our property not only
monetarily, but aesthetically as well. We believe this because:
• According to information provided at the SPIN meeting, the
development is intended to provide moderate priced housing as
opposed to the upper end homes built in the Loch Meadows
development. I think Loch Meadows has set a standard that
should be maintained in this immediate area.
• I believe that, due to the increase in non - porous surfaces, that the
development will increase the current drainage and run -off
substantially. As noted before, this will severely exceed current
drainage capacity for the area and may cause the flooding of
several homes and buildings on and surrounding our property.
This will not only devalue our property but may cause irreparable
property damage.
• Our property currently has extraordinary aesthetic value because
of its natural beauty and serenity. These were the values we
considered most important when we bought the property over 9
years ago. As much as possible we have tried to maintain the
natural environment that is shared with a multitude of wildlife. The
traffic from a high - density development aimed directly at our home
and property will destroy this value and be a deterrent to the sale
of the property to any like- minded individual.
Summation
Based on the zoning request and preliminary plat for Oak Pointe, the developer wishes
to build high - density housing and drain the run -off, sewage lines and traffic directly onto
our property. I am opposed to this and request the City of Southlake require resolution
of these issues and concerns before further consideration or approval of cases ZA02-
086 and ZA02 -087.
RECD j A iv 1 7 2003
Case No.
ZA 02 -086
Attachment F
Page 5
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -417
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 TRACT 1G, OUT OF THE JOEL CHIVERS
SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 26.994 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY
RESIDENTIAL DISTRICT USES AS DEPICTED ON THE APPROVED
CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS,
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 FORA
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 "AG" Agricultrual District under the
City's Comprehensive Zoning Ordinance; and
Case No.
ZA02 -086
Attachment G
Page 1
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
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
Case No. Attachment G
ZA02 -086 Page 2
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
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 Soutl 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 Tract 1G, out of the Joel Chivers Survey, Abstract No. 350, being approximately 26.994
acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District
to "R -PUD" Residential Planned Unit Development District with "SF -20A" Single Family
Residential District uses as depicted on the approved Concept Plan, including PUD
development standards, attached hereto and incorporated herein as Exhibit `B ", and subject to
the specific conditions established in the motion of the City Council and attached hereto and
incorporated herein as Exhibit "C."
SECTION 2.
Case No.
ZA02 -086
Attachment G
Page 3
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
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.
Case No. Attachment G
ZA02 -086 Page 4
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.
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
ten (10) 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.
Case No.
ZA02 -086
Attachment G
Page 5
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 , 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Case No.
ZA02 -086
Attachment G
Page 6
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA02 -086
Attachment G
Page 7
EXHIBIT "A"
Being Tract 1G, out of the Joel Chivers Survey, Abstract No. 350, and being approximately 26.994 acres.
by metes and bounds as follows:
Case No.
ZA02 -086
BEGINNING at a I!2" iron pin found for the northwest corner of said Homer Corey McPherson tract, said pin being
by deed call the northwest corner of a tract of land described in a deed to fames McPherson, recorded in Volume
2975, Page 37, Deed Records, Tarrant County, Texas, said pin also lying by deed call in the north line of said Chivers
Suney, and lying by deed call, 666.60 feet, South 99 degrees 40 minutes East from the northwest corner of said
Ch i4 ers Sur\cy;
THENCE South 99 degrees 45 minutes 25 seconds East a distance of 974.54 feet along the north line of said Homer
McPherson tract to a 5/9" iron pin found for the northwest comer of said City of Southlake tract in the existing west
line of Ridgecrest Drive;
THENCE: South 13 degrees 06 minutcs 09 seconds East a distance 127.02 along the tN est line of said City of
Southlake tract and the existing west line of Ridgecrest Dri\c to a 5'9" iron pin found for the most southerly corner of
said City of Southlake Tract:
THENCE North 01 degrees 22 minutes 59 seconds East a distance of 122.54 feet to the north line of said Homer
McPherson tract and to northeast corner of said City of Southlake tract:
THENCE S 99 degrees 45 minutes 25 seconds East a distance of 14.94 feet to the northeast comer of said Homer
McPherson tract and to a point in Ridgecrest Drive;
THENCE South 00 degree 59 minutes 31 seconds West a distance of 900.91 feet along the east line of said Homer
McPherson tract and along Ridgecrest Drivc;
THENCE South 99 degrees 53 minutes 05 seconds West at 14.95 feet passing a steel axle, in all, a total distance of
360.94 feet to a steel axle;
THENCE South 02 degrees 20 minutes 10 seconds West a distance of 1 24.73 feet to a 5/9" iron pin found;
THENCE South 02 degrees 40 minutes 19 seconds West a distance of 166.64 feet to a 1/2" iron pin set with cap
marked, "aREA SURVEYING";
THENCE South 89 degrees 23 minutes t0 seconds East at 354.42 feet passing a 5/9" iron pin found in the existing
west line of Ridgecrest Drive, in all, a total distance of 364.79 feet to a point in Ridgecrest DriN a and to the east line
of said Homer McPherson tract;
THENCE South 00 degrees 32 minutes 32 seconds West a distance of 213.57 feet along Ridgecrest Drive to the
southeast comer of said Homer McPherson tract;
THENCE South 99 degre 119 minutes 14 seconds West at 10.37 feet passing a 5/9" iron pin found in the west line of
Ridgecrest Drive, in all, a total distance of 907. l3 feet to a 1 /2" iron pin found for the most southerly southwest comer
of said Homer McPherson tract;
rHENCli the following Courses and distances along the west line of said Homer McPherson tract:
North 02 degrees 29 minutes 15 seconds East at 243.67 feet passing 0.62 of a foot EAST of a 1/2" iron pin found,
in all, a distance of 790.29 feet to a 3/4" iron pin found:
South 99 degrees 09 minutes I 1 seconds West a distance of 236.19 feet to a 1/2" iron pin found;
North 01 degrees 20 minutes 02 seconds East a distance of 666.20 feet to a 1/2" iron pin found for the P01NT OF
BEGINNING of the tract herein described. said described tract containing 26.994 acres of land.
Attachment G
Page 8
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RECD JAN 2 7 2003
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City of S writ ke, Volume 13704, Page 465
z�:w. sefA
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
This proposal is made by H Creek Development, Inc. on behalf of the current property owners described
herein requesting the property be rezoned from Agriculture to a Planned Unit Development to be known as
Oak Pointe Estates. The 26.994 acre project will be improved as a single family residential community
with open space.
The master plan has been designed to create a neighborhood community which affords the benefits to the
new homeowners of significant open space while concurrently providing the benefits of maintaining the
existing trees and vegetation to the existing adjacent neighborhood.
This presentation to the City of Southlake will document and provide information in three areas:
1. Review of the existing site with its current ownership, uses, natural features, etc., and review of
surrounding conditions such as adjacent zoning, land uses, perimeter streets, etc.;
2. Description of the proposed development concept for the requested PUD including land use and the
integration with the surrounding uses, density, development standards and requirements, mandatory
home owners association, sidewalk system and park facility;
3. Detailed description and evaluation of on -site and off -site development improvements including paving,
storm water drainage, water and sewer facilities and the benefits of the integration of each into the
surrounding properties and general area.
PROJECT LOCATION AND DESCRIPTION
The Oak Pointe Estates subdivision will be located on the west side of Ridgecrest Drive, north of Dove
Road. The property is somewhat rectangular in shape with two existing lots cut out of the southeastern
boundary of the property. One of the lots is an existing attractive single- family residence. The other lot is
an existing multi- family structure, in need of repair.
The property is, for the most part, unimproved. The general area of Oak Pointe Estates is, primarily,
improved with single - family residential developments.
RECD JAN 2 7 2003
Case No. Attachment G
ZA02 -086 Page 10
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
• To the north of Oak Pointe is an approximately 30 acre equestrian facility. The balance of the
development north is a mix of smaller lots (12,000 to 20,000 square feet) and larger estate properties
(1 acre plus).
• To the north and west, is the newer Loch Meadows Estates, which are one acre lots bounded by Corps
of Engineers property.
• To the east are larger estates with a row of new, one acre lots and homes to the Southeast. Directly
south and southwest is the proposed Southlake DPS facility.
• To the west is Sweet Street which is a mix of single- family and undeveloped property. Also, to the
west are approximately four large estates with existing single - family homes.
The property rises from the South to the Northwest with a prominent ridge of Oak trees, hence the name
"Oak Pointe ". There are numerous trees and a scenic pond. The property accepts significant storm
drainage from the west.
The plan for the PUD was created with all of these factors taken into account. The plan is in compliance
with the City of Southlake's land use plan of low density. There is less than one unit per acre. There is
8.866 acres of open space. The open space will be 33% of the planned development. The open space will
be passive with walking trails, park benches, and picnic areas. The open space has been clustered in the
area with the most trees and along the Ridgecrest frontage. The entire Ridgecrest frontage, from the
existing multi - family home, will be open space. The other large open space will be to the northwest. This
space has significant trees and significant terrain. This location will also provide a broad buffer to the
existing home and equestrian facility to the south. The various land uses of the surrounding properties
have been taken into consideration in the creation of a master plan and preliminary plat for Oak Pointe
Estates so as to create a suitable and appropriate transition between the existing properties while creating
an attractive and marketable residential community.
RECD JAN 2 7 2003
Case No. Attachment G
ZA02 -086 Page 11
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
PROPOSED SITE ZONING AND LAND USE
The proposed zoning of Oak Pointe Estates is a Planned Unit Development District CTUD" ). The
proposed land use for Oak Pointe Estates is for single family, detached residential units with a maximum
density of .46 units per acre or approximately 26 residential lots.
DEVELOPMENT CONCEPT
The goal of the Oak Pointe Estates development is to have a quality, family oriented, residential
community offering a peaceful environment. Primary access to the subdivision will be located off
Ridgecrest Dr. Internally, the streets are curvilinear in nature. The streets will be asphalt, with a concrete-
ribbon type of curb. These streets will provide a pleasing visual streetscape while also discouraging cars
from traveling at excessive speeds.
The Development Plan calls for an overall configuration and lot plan to compliment the surrounding uses.
The two lots which front Ridgecrest have been planned with much larger lot depths and front yard
setbacks. This will allow for homes which set back from Ridgecrest. The other lots which back up to
adjacent property are planned with extra depth.
There will be no perimeter masonry fence on Ridgecrest. The substantial open space provided on this
frontage will serve to lessen the visual impact of this subdivision from the neighborhood. There will be
wood screening fencing installed adjacent to the existing multi- family structure. On the western boundary
of the development, six foot rod -iron fencing will be constructed using a standard design. Within the
subdivision, all fencing which faces the front building line will be constructed using the same standard rod
iron fence design.
RECD JAN 2 7 2003
Case No. Attachment G
ZA02 -086 Page 12
OAK POINTE ESTA'T'ES
DEVELOPivIENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Contmnmity
Southlake, Texas
PERMITTED USES
Permitted Uses, Accessory Uses, Specific Use Permits, Special Exceptions, and Development
Regulations shall be in accordance with those permitted by the Comprehensive Zoning Ordinance No. 480,
Section 14 for the "SF -20A" Single Family District and other applicable sections except for the following.
Special Exception Uses: Servant or family quarters shall be permitted in accordance with
Ordinance No. 480, Section 44.12.1.
DEVELOPMENT REGULATIONS
The following development regulations shall be applicable within Oak Point Estates:
1. Minimum Lot Size - 20,000 square feet.
2. Minimum Lot Width - One Hundred (100) feet, except eighty -five (85) feet as measured on the curve
of the building line where over fifty percent (50 1 %6) of the lot is on the curve of a cul -de -sac.
3. Minima n Lot Depth - One Hundred twenty -five (125) feet.
4. Minimum Floor Area - Three thousand five hundred (3500).
5. Maximum Height - 2 % stories or thirty -five (35) feet.
6. Minimum Front Yard - Thirty -five (35) feet, except forty -five (45) feet for lots fronting on Ridgeerest
Road.
7. Minimum Rear Yard - Forty (40) feet.
8. Minimum Side Yard - Fifteen (15) feet.
9. Side Yard Adjacent to a Street - Twenty (20) feet.
10. Maximum Lot Coverage - Thirty percent (30 %), except that the sum total of accessory buildings shall
not exceed 600 square feet.
11. Maximum Residential Density - .96 units per gross acre.
RECD FEB 12
Case No. Attachment G
ZA02 -086 Page 13
OAK POINTE ESTATES
DEVELOPMENT REGULATION
A Planned Unit Development District ( "PUD ") Residential Community
Southlake, Texas
HOMEOWNERS ASSOCIATION
A home owners association will be established and be in place from the outset of the development whereby
all homeowners will be mandatory members of the association. The responsibilities of the association will
be to maintain all community owned common areas and to enforce the Oak Pointe Estates deed restrictions
in order to maintain the quality, character and values of Oak Pointe Estates.
ulu
The proposed community of Oak Pointe Estates is designed and will be developed as a family oriented
single family residential community with ample consideration given to the surrounding zoning and uses so
as to be a positive and homogeneous addition to this area of Southlake. I respectfully request the City of
Southlake Planning and Zoning Commission and City Council consider and approve a change in zoning
from "AG" agricultural and "SF -20A" residential to ` PUD" Residential Planned Unit Development District
pursuant to the criteria presented and discussed herein.
RECD JAN 2 7 2000
Case No. Attachment G
ZA02 -086 Page 14
EXHIBIT "C"
This page reserved for the City Council motion.
Case No. Attachment G
ZA02 -086 Page 15