Loading...
Item 7BCITY 01 SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 1, 2012 CASE NO: ZAl2 -051 PROJECT: Zoning Change and Development Plan for Highland Oaks *: *611j 1l1T/ N SUMMARY: On behalf of Marguerite E. Fechtel, Terra Land Management is requesting approval of a Zoning Change and Development Plan on property described as Tracts 8CO2, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, and located at 200, 280 and 220 W. Highland St., Southlake, Texas. Current Zoning: AG — Agricultural District. Requested Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood # 5. REQUEST: Terra Land Management is requesting approval of a zoning change and development plan from "AG" Agricultural District to "R -PUD" Residential Planned Unit Development District to develop fifteen (15) residential lots and three (3) open space lots on approximately 9.26 acres. The gross density proposed is 1.62 units per acre. The development as proposed does not comply with the Land Use Designation in the Southlake 2030 Plan. The Land Use Designation is currently Low Density Residential. The applicant has submitted an application for a Comprehensive Land Use Plan Amendment to change the Land Use Designation to Medium Density Residential. ACTION NEEDED: Coi ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) STAFF CONTACT: isider 1 St reading approval of a Zoning Change and Development Plan Background Information Vicinity Map Plans and Support Information — Link to PowerPoint Presentation SPIN Report dated May 21, 2012 Development Plan Review Summary No. 3, dated July 25, 2012 Surrounding Property Owners Map and Responses Ordinance No. 480 -621 Full Size Plans (for Commission and Council Members Only) Ken Baker (748 -8067) Richard Schell (748 -8602) Case No. ZAl2 -051 = _T61 :lm :loll] ki 11l1 ki I10] ►yi I_lI [e] ki OWNER: Marguerite E. Fechtel APPLICANT: Terra Land Management, Inc. PROPERTY SITUATION: Generally located west of N. White Chapel Blvd. and north of W. Highland St. at 200, 280 and 220 W. Highland St. LEGAL DESCRIPTION: Tracts 8CO2, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG Agricultural District REQUESTED ZONING: "R -PUD" Residential Planned Unit Development District HISTORY: -The existing approximately 2,240 square foot residence at 280 W. Highland St. (Tract 8D03, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1967 (Source: TAD). -The existing approximately 2,310 square foot residence at 200 W. Highland St. (Tract 8CO2, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1977 (Source: TAD). TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends W. Highland St. to be a two -lane undivided arterial with seventy (70) feet of right -of -way. Adequate right of way is shown to be dedicated on the Development Plan for W. Highland St. and for the roundabout that the City will construct at the intersection of W. Highland St. and N. White Chapel Blvd. Existin_g Area Road Network and Conditions The development will have one access directly onto W. Highland St., which is currently a two -lane undivided roadway with a pavement width of approximately twenty -four (24) feet. PATHWAYS MASTER PLAN: The Pathways Master Plan shows a planned eight (8) foot plus, multi -use trail along the west side of N. White Chapel Blvd. A six (6) foot sidewalk along the north side of W. Highland St. from Shady Oaks to N. White Chapel Blvd.is included in the Sidewalk Plan Priority Update 2008 -2012. A six (6) foot sidewalk is shown on the Development Plan and it will be constructed with the development. WATER & SEWER: A 12 -inch water line in N. White Chapel Blvd. and a 12 -inch water line in W. Highland St. exist to serve the property. Sanitary sewer will connect to an existing 8 -inch line in Countryside Ct. to the north through existing off -site utility easements. Case No. Attachment A ZAl2 -051 Page 1 DRAINAGE: The drainage from this development is from the southeast to a retention pond in the northwest corner of the development. TREE PRESERVATION: For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The applicant has provided the following explanation as to why the trees along the western property line are designated as marginal on the Tree Conservation Analysis.: The existing trees along the west property lines of Open Space Lot 2, and Residential Lots 3 & 4 are proposed as marginal because: 1) they are primarily Cedar trees, and 2) the lot grading and drainage requirements will result in significant change in grade in that area, making their viability a question. We will, however, attempt to save them, but until grading and drainage plans have been completed, it is too early to guarantee it. SOUTHLAKE 2030 PLAN: The Land Use Designation in the Southlake 2030 Plan is Low Density Residential. The applicant has submitted an application for a Comprehensive Plan Amendment to change the Land Use Designation to Medium Density Residential. PLANNING AND ZONING COMMISSION ACTION: July 19, 2012; Approved (5 -0) subject to Development Plan Review Summary No. 2, dated July 13, 2012 and referencing the staff report dated July 13, 2012. STAFF COMMENTS: Development Plan Review Summary No. 3, dated July 25, 2012 is attached. Case No. Attachment A ZAl2 -051 Page 2 Vicinity Map Highland Oaks sy J ZAl2 -051 Zoning Change & Development Plan 200, 220 and 280 W. Highland St. N IN C 0 350 700 1,400 S Feet Case No. ZAl2 -051 Attachment B Page 1 Residential Planned United Development District - Land Use and Development Regulations for the 9.26 acre development known as Highland Oaks Southlake, Texas This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -20A" Single - Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet. Rear Yard: Each lot shall have a minimum rear yard of twenty -five (25) feet. Lot Width: All lots shall meet the lot width requirements of the "SF -20A" district (100') except for the following lots: Block 1, Lot 5: 86'. Block 1, Lot 8: 98' Block 1, Lot 9: 79' Lot widths shall be measured at the Front Yard setback line for each lot as indicated on the Zoning Development Plan. Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty percent (40 %) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. Minimum House Size: All houses shall be a minimum of 3,500 s.f. in floor area. A minimum 4' wide concrete sidewalk shall be required along the internal street frontage of all Residential Lots. Sidewalks and trails within the Open Space Lots shall be as shown on the Zoning Development Plan and Pedestrian Access Plan. Streets shall have a 40' R -O -W, with 30' of paving. Case No. Attachment C ZAl2 -051 Page 1 Buffer lots: Lots adjacent to property or existing lots that are: currently zoned, platted as one acre lots, or on the Future Land Use Plan designated for one acre or larger lots, or zoned and platted as SF -1 or RE shall: 1. Have a minimum area of 20,000 s.f., and 2. Have a minimum lot width of 103' at the rear property line. Open Space Management Plan: All Common Open Space shall be owned and maintained by the Highland Oaks Homeowners Association (HOA). All other areas shall be the responsibility of the individual property owners, including the front yards and required streetscape trees of the residential lots. All property owners shall be required to be a member of the HOA. Dues assessments, required for the maintenance of the common areas and other HOA activities, shall be mandatory. The HOA shall be responsible for the maintenance and operation of the protected open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the HOA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the unlikely event the HOA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for it's maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the HOA or individual property owners that make up the HOA, and may include administrative costs and penalties which shall become a lien on all property in the development. Case No. Attachment C ZAl2 -051 Page 2 DEVELOPMENT PLAN IN lit p q w a pp @ y y 5 g Q E$ y @ x g 6I @ 6$ pp 5. 4 N ro u 01 C O N ❑ is 1�divmn 31IHM - -� T a a 3 - [G r! , J 1 I' @ _ ' !`" •v+,. �" R i I III 5 C��I 1 IW I O � Y (D Q D z CCC z c qq LL C/) V Q fa . L a--+ Cn N d ^ Y W Q 0 a) 0 v C U A v MIJI 4i t Q o U g v� w c 55 yyn UgyN, mE F SaUE 0 p o v` Case No. Attachment C ZAl2 -051 Page 3 TREE CONSERVATION ANALYSIS � \\ +~ \ } ! |�| \ ^� {� .>1 � E Q c 0 M � � C 0 U $ � � \ \ \ \� \� \ \ � / < / 0 E / � M! \ ) ) { \\ s - ; \\ }) k ) .>1 � E Q c 0 M � � C 0 U $ � � \ \ \ \� \� \ \ � / < / 0 E / � Case No Attachment C ZAl2- 51 Page 4 USOUTHLAKE SPIN MEETING REPORT CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION: ZAl2 -051 Highland Oaks SPIN #5 May 21, 2012; 6:00 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Nine (9) • CITY COUNCIL PRESENT: Carolyn Morris • SPIN REPRESENTATIVE(S) PRESENT: Ron Evans- #10, Vic Awtry- #7 • STAFF PRESENT: Bob Price, Director of Public Works and Matt Jones, Planner I STAFF CONTACT: Richard Schell, Planner II, (817)748 -8602; rschell @ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 200 W. Highland St. at the northwest corner of W. Highland St. and N. White Chapel Blvd. Development Details • The applicant is requesting a zoning change from AG (Agricultural) zoning to R -PUD (Residential Planned Unit Development) district. The request is for a residential subdivision consisting of 15 residential lots on approximately 9.26 acres. The applicant intends to conserve the existing natural vegetation along the southeast corner of the property as well as provide an open space area within the development providing approximately 1.54 acres of open space. Case No. Attachment D ZAl2 -051 Page 1 PROPOSED SITE PLAN QUESTIONS /CONCERNS • Will there be access to the development from N. White Chapel Blvd? c No, there will only be access to the development from W. Highland St. • What are the sizes of the homes planned for in the development? o There will be a minimum home size of 4,000 square feet and range to approximately 6,000 square feet, with a price between $900,000 and $1,200,000. • Do you have a builder for the development? o We are not certain who the builder will be at this point in the project. • What are your plans for the park area on the southeast corner? o For the most part we plan on leaving that area as open space in its existing vegetative state and doing some clean -up with landscaping around the perimeter. • Will the development be gated? o No, we will not be requesting that this be a gated development. • Will there be sidewalks required along W. Highland St.? o If there is a requirement by the City to install sidewalks along W. Highland St. then we will provide the sidewalks with our development. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZAl2 -051 Page 2 - -- I . . J � p � onne.wr.mttlCUtlmi a _ �,- I Received A ll x MAY e 12OR i t It �� — .'�...�' Zoning Case FZAl2 -XXX Development &Pedestrian Access Plan HIGHLAND OAK Tlwries M. Hoo[ Sun'ry' rGrtact Vo. JOE, rraDs PD3, tG, RBCJ Sou[tlaVs, Taranl Canry, TCVS QUESTIONS /CONCERNS • Will there be access to the development from N. White Chapel Blvd? c No, there will only be access to the development from W. Highland St. • What are the sizes of the homes planned for in the development? o There will be a minimum home size of 4,000 square feet and range to approximately 6,000 square feet, with a price between $900,000 and $1,200,000. • Do you have a builder for the development? o We are not certain who the builder will be at this point in the project. • What are your plans for the park area on the southeast corner? o For the most part we plan on leaving that area as open space in its existing vegetative state and doing some clean -up with landscaping around the perimeter. • Will the development be gated? o No, we will not be requesting that this be a gated development. • Will there be sidewalks required along W. Highland St.? o If there is a requirement by the City to install sidewalks along W. Highland St. then we will provide the sidewalks with our development. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZAl2 -051 Page 2 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZAl2 -051 Review No.: Three Project Name: Development Plan — Highland Oaks Date of Review: 07/25/12 APPLICANT: Paul Spain Terra land Management, Inc. 395 W. Northwest Parkway, Ste. 300 Southlake, TX 76092 Phone: (817) 410 -9201 PLANNER: Curtis Young Sage Group, Inc. 1130 N. Carroll Ave. Ste. 200 Southlake, TX 76092 Phone: (817) 424 -2626 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/25/12 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748 -8602 OR DENNIS KILLOUGH AT (817) 748 -8072. Show and label the lot lines as dashed, lot & block numbers, street names, and existing easements, and subdivision name and plat record (volume & page) (or cabinet & slide, or cabinet & page) for all platted properties within 200 feet of this property. 2. The following changes are needed with regard to the legal description: a. The POB must be tied to a survey corner, previously filed subdivision corner, or USGS monument. b. In the third call after the beginning call, please change "along the west line of said Rucker tract as distance of..." to "along the west line of said Rucker tract a distance of..." and add the total distance of 184.33 feet. c. In the fourth call after the beginning call, the distance on the development plan (88.84') doesn't match the distance in the metes and bounds description (89.09'). d. In the ninth call after the beginning call, the central angle on the development plan (25 0 20'58 ") doesn't match the central angle in the metes and bounds description (25 0 21'00 "). Tree Conservation /Landscape Review E -mail: kmartin @ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748 -8229 TREE CONSERVATION COMMENTS: 1. A quality tree assessment needs to be performed on the site to determine quality trees worthy of specific preservation. Please submit an Alternative to Tree Survey meeting the requirements of Appendix A (attached) of the Tree Preservation Ordinance, specifically # 12. Provide an explanation as to why the existing trees along the west property lines of Open Space Lot 2, Lot 3, and Lot 4 are proposed as marginal. The applicant has provided the following explanation: Case No. Attachment E ZAl2 -051 Page 1 The existing trees along the west property lines of Open Space Lot 2, and Residential Lots 3 & 4 are proposed as marginal because: 1) they are primarily Cedar trees, and 2) the lot grading and drainage requirements will result in significant change in grade in that area, making their viability a question. We will, however, attempt to save them, but until grading and drainage plans have been completed, it is too early to guarantee it. For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man -made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to the Tree Preservation Ordinance. Upon submittal of a final plat application, a Tree Conservation Plan will be required that identifies the type and diameter of the trees on the property. The existing trees within the proposed Open Space Lot 3 will not need to be identified unless any grading or construction is proposed within the area, but all of the other existing trees on the site will need to be identified by type and diameter. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Analysis 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 Analysis 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. # Denotes required items. Denotes informational items. Public Works /Engineering Review Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748 -8101 E -mail: sanderson @ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment E ZAl2 -051 Page 2 Water meters and fire hydrants shall be located in an easement or in the ROW. All sewer lines in easements or ROW must be constructed to City standards The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Submit 4 copies of the civil construction plans (22" x 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http:// www. citvofsouthlake. com/ Pub ]icWorks /engineeringdesign.asp 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. Fire Marshal Review David Barnes Fire Marshal (817) 748 -8233 dbarnesa- ci.southlake.tx. us GENERAL COMMENTS: Subdivision street names to be approved by city prior to final plat. Submit proposed names and alternate names as soon as possible. IaIC7;a Will Ll l41d91kyjIJil Ell k111 &1 Fire apparatus access needs to be provided to within 150 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis. Fire apparatus access, if necessary, needs to be all weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus. 2. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 75,000 Ibs GVW). FIRE HYDRANT COMMENTS: Hydrants are to have Hydra -Storz connections with butterfly vanes (or equivalent) on pumper outlet for five -inch diameter hose. Hydrants are required at maximum spacing R -3 and U Occupancies 400 feet unsprinklered 600 feet sprinklered. All others 300 feet unsprinklered and 600 feet sprinklered. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. I ill 1 ;101Nky,U1[07►Fill Wd97Jil►yil Ell ill 111 &1'31 All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. Denotes informational comment. Case No. Attachment E ZAl2 -051 Page 3 Community Service /Parks Department Review Peter Kao Community Services (817) 748 -8607 pkao(�@_ci.soutlake.tx.us The applicant plans to use park credits from previous developments. General Informational Comments: A Comprehensive Land Use Plan Amendment must be approved prior to approval of a zoning change. A separate application has been submitted. Split -lot zoning is not permitted. Approval of the zoning change is subject to approval of a Preliminary Plat that conforms to the approved Development Plan. A Preliminary Plat must be approved by the City and a Final Plat must be filed with the County prior to issuance of a building permit. The Preliminary Plat shall be submitted on the entire tract(s) being subdivided, regardless of whether final platting is currently proposed for only a portion of the tract. The entirety of Tract 8C, Thomas M. Hood Survey, Abstract No. 706 must be included in the Preliminary Plat. All lots must comply with the underlying zoning regulations. Approval of the Preliminary Plat is subject to approval of the corresponding zoning change. The zoning on the remainder of Tract 8C that is not included in the Development Plan must be changed prior to approval of a Final Plat for that lot. The lot as shown does not comply with the ten acre minimum lot area that is required in the "AG" Agricultural zoning district. A preliminary plat application has been submitted and approval of the plat will be considered at a future Planning and Zoning Commission meeting. A SPIN meeting was held May 21, 2012. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The subdivision ordinance requires buffer lots as stated below. The R -PUD regulations have been revised to allow the lots as shown. e. With the exception of lots or tracts in the Manufactured Housing district, a row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be provided adjacent to the following (As amended by Ord. No. 483 -D): 1. any property that is currently zoned or platted residential and contains lots of one acre or larger; Case No. Attachment E ZAl2 -051 Page 4 2. any property shown on the approved City Land Use Plan to be designated for lots of one acre or larger in size. f. Buffer lots. A minimum 30,000 square foot lots shall be required on all lots adjacent to platted property zoned SF -1 or RE. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected development plan, Tree Conservation plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment E ZAl2 -051 Page 5 Southlake Tree Preservation Ordinance & Technical Manual III. APPENDIX A Requirements for Alternative to Tree Surveys and Tree Surveys Requirement Alternative to a Tree Survey Tree 5urs e - V 1. Appropriate title Yes Yes 2. Title Block with project name, address, lot and block number, subdivision, Yes Yes city, and date of preparation 3. North arrow, graphic, and written scale no larger than F= 200' Yes Yes 4. Prepared by licensed surveyor, landscape architect, or other person as sla Yes approved by the Landscape Administrator 5. lame, address, contact information of the owner and the person preparing `Fes Yes the document 6. Location of all R-O-W lines, property lines, and easements (easement Yes Yes locations required for tree surveys onl 7. Identification of areas with environmental constraints including tree stands, Yes Yes creeks, steep grades (aver 5° 6), vimty sheds, ponds, wetlands, etc. 8. Aerial photography of the site showing existing tree canopy on the site Yes No ciearl 9. All individual trees shown on a plan tied by horizontal control (i_e. to Yes dimensions from lot lines, or placed through coordinates determined via a site surcev 10. Tree preservation areas as identified by a Tree Conservation Analysis or Yes Yes Tree Conservation Plan 11. All individual protected trees shown oath the caliper size and species No Yes 12. All protected tree stands with average caliper sizes of trees and species Yes No distribution 13. Location of all improvements proposed on the lot (buildings, parking lots, Yes' Yes pools, etc.) 14. Areas of cut and fill, if any, on the site No Yes 15. Final grading and drainage plans No Yes 16. Status of all individual trees on the lot after proposed improvements have NO Yes been made (trees that protected removed, or can possibly be saved based upon site specific conditions) 17. General status of tree stands on the lot after proposed improvements have Yes No been trade (trees that protected. removed. or can possibly be saved based upon site specific. conditions I8. Identification of existing vegetative buffers adjoining existing development Yes Yes 19. 5treamlcreek buffers, if anv Yes Yes 2[l. 2 -foot contours Yes No I. Requii ed far site plazas only_ Ordinance 535 -17 79 Adapted November 20, 7007 Case No. Attachment E ZAl2 -051 Page 6 SURROUNDING PROPERTY OWNERS HIGHLAND OAKS 16 15 6 5 7 10 8 9 3 24 11 23 4 28 27 12 13 25 26 14 20 2 1 21 22 18 17 19 SPO # Owner Zoning Land Use Acreage Response 1. Riordan Capital Properties Lp SF1 -A Low Density Residential 1.30 NR 2. Riordan Capital Properties Lp SF1 -A Low Density Residential 0.97 NR 3. Duggins, James L Etux Joy H SF1 -B Low Density Residential 2.55 F 4. Davis, Stephen A SF1 -B Low Density Residential, Office Commercial 2.24 F 5. Adelki Llc SP1 Office Commercial 0.51 NR 6. Bengtson Properties Llp SP1 Office Commercial 0.39 NR 7. Parker Pearson Lp SP1 Low Density Residential, Office Commercial 0.78 NR 8. Rec Properties Ltd SP1 Low Density Residential, Office Commercial 0.43 NR 9. Ahf -White Chapel Llc SP1 Low Density Residential, Office Commercial 0.57 NR 10. White Chapel Village Ctr Prt CS Medium Density Residential, Office Commercial, Retail Commercial 3.03 NR 11. White Chapel Village Ctr Prt SF1 -A Medium Density Residential, Office Commercial, Retail Commercial 2.20 NR 12. White Chapel Village Ctr Prt SF1 -A Medium Density Residential 1.09 NR 13. White Chapel Village Ctr Prt SF1 -A Medium Density Residential 1.36 NR 14. Derose, Mark E SF1 -A Medium Density Residential 2.04 NR 15. International Ch Four Square G SP1 Low Density Residential, Office Commercial 3.85 F Case No. Attachment F ZAl2 -051 Page 1 16. International Ch Foursquare Go SP2 Low Density Residential, Office Commercial 6.13 F 17. Southlake Ch Assembly Of God CS Medium Density Residential 6.90 NR 18. Woodhall, William & Joy AG Low Density Residential 1.52 NR 19. Bryan, Lisa AG Low Density Residential 0.96 NR 20. Campbell, Jose AG Low Density Residential 0.73 NR 21. Mangini, Cynthia A AG Low Density Residential 0.76 NR 22. Mangini, Cynthia A AG Low Density Residential 0.56 NR 23. Woolley, Marquerite E AG Low Density Residential, Office Commercial 3.56 NR 24. Rucker, Zena Sullivan AG Low Density Residential, Office Commercial 0.52 NR 25. Woolley, Marquerite E AG Low Density Residential 4.28 NR 26. Southlake, City Of AG Low Density Residential 0.66 NR 27. McCoy, Barry M EtuxTonya B AG Low Density Residential 1.04 NR 28. Fechtel, Marguerite E AG Low Density Residential, Office Commercial 2.05 F Responses: F: In Favor Case No. ZAl2 -051 O: Opposed To U: Undecided NR: No Response Attachment F Page 2 SURROUNDING PROPERTY OWNER RESPONSES WITHIN 200' Highland Oaks Notices Sent: Twenty -eight (28) Responses Received: Four (4) Case No. Attachment F ZAl2 -051 Page 3 Notification Response Form ZAl2 -051 Meeting Date: July 19, 2012 at 6:30 PM Davis, Stephen A 300 W Highland St Southlake Tx, 76092 19103 10 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: - A/ I 1z Printed Name(s): J-! Must be property owner(s) whose name(s) Phone Number (optional): at top. otherwise contact the Planning Department. One form per property. Case No. Attachment F ZAl2 -051 Page 4 Additional Signature: Date: Larry Duggins 865 W Dove Rd Southlake, TX 76092 July 19, 2012 RF.: Highland Oaks Zoning #'LA 12 -051 Regulatory Officials of Southlake, Texas Ladies and Gentlemen: My wife and 1 are the property owners of 310 W Highland in Southlake, and we are writing you regarding the proposed new development off Highland Drive to be known as Highland Oaks. We have reviewed the proposed project with Mr. Paul Spain of Terra Land Management and have found it to be an attractive use of the land that is consistent with our hopes for the careful growth of Southlake. We intend to keep our house on Highland as a neighbor to the new development. We are in support of the proposed Highland Oaks Project. B - t Regards, Larry Duggins Case No. Attachment F ZAl2 -051 Page 5 Jul 16 12 08:56a David 8.17 - 424 -3479 Notification Response Farm ZAl2 -051 Meeting Date: July 19, 2012 at 6-30 PM Fechrtel, Marguerlfe E 200 W Highland St Southlake Tx, 76092 A 706 81303 P.1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DEUVERY BEFORE THE START OF THE SCHEDULED PUSUC HEARING. Be ing the owner(s) of the property so noted above, are hereby in favor of �; opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding. your position: �17 7 14 ...... Date: Printed Name(s): Must be property owner(s) whose neme(s) are printed at top. Otherwise contact the Planning Department_ One form per property. Phone Number (optional): C2V 7- `12`` Case No. Attachment F ZAl2 -051 Page 6 Additional Signature: Date: Jul, 16, 2012 6 ,16 1 M Grace Commup I ty Chu rch (90) � ��« �.�1 77 Notification Response Form ZAl2.051 Meeting Date: July 19, 2012 at 6:30 PM PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: 2 /4 C, 4L 2S( �uw�Rhs�e. o �12-- V Signature: Additional 'Signature: A4� Date: - . -1 2 - Date: Printed Name(s): E(�f 4 Z) , # - t Must be property ownsr(s) whose name(s) are printed at top. Otherwiaa cvptaut the Planning Vepartment. One torte per property, Phone Number (optional): _ Case No. ZAl2 -051 Attachment F Page 7 Rill N: te1l1► 1I] Ik qMU :4 W&GIVA► I N[ M :4 *1061ki M *'1[911116111];W1111]1 July 17, 2012 Mr. Richard Schell City of Southlake 1400 Main Street Southlake, TX 76092 Re: Highland Oaks Zoning #ZA 12 -051 Dear Mr. Schell: I am writing to you regarding the proposed new development off of Highland Drive which is to be named Highland Oaks. The proposed layout for the project has been presented to us as neighbors, and l have reviewed the information posted online at http:// www. citvofsouthlake .com /DocumentCenter /Home /View /1218 I think that this project can be a positive development for Southlake and this neighborhood. I request your support of the Highland Oaks project. Thank you for your consideration of nay support. Respectfully, L Merton M. Skaggs, Jr. 320 West Highland Southlake, TX 76092 817- 421 -6633 Case No. Attachment F ZAl2 -051 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -621 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 8CO2, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 9.26 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment G ZAl2 -051 Page 1 District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, 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 Case No. Attachment G ZAl2 -051 Page 2 those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tracts 8CO2, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, being approximately 9.26 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "R -PUD" Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and Case No. Attachment G ZAl2 -051 Page 3 incorporated herein as Exhibit "B ", and subject to the following conditions: Residential Planned United Development District - Land Use and Development Regulations for the 9.26 acre development known as Highland Oaks Southlake, Texas This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -20A" Single - Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet. Rear Yard: Each lot shall have a minimum rear yard of twenty -five (25) feet. Lot Width: All lots shall meet the lot width requirements of the "SF -20A" district (100') except for the following lots: Block 1, Lot 5: 86'. Block 1, Lot 8: 98' Block 1, Lot 9: 79' Lot widths shall be measured at the Front Yard setback line for each lot as indicated on the Zoning Development Plan. Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty percent (40 %) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. Minimum House Size: All houses shall be a minimum of 3,500 s.f. in floor area. A minimum 4' wide concrete sidewalk shall be required along the internal street frontage of all Residential Lots. Sidewalks and trails within the Open Space Lots shall be as shown on the Zoning Development Plan and Pedestrian Access Plan. Streets shall have a 40' R -O -W, with 30' of paving. Case No. Attachment G ZAl2 -051 Page 4 Buffer lots: Lots adjacent to property or existing lots that are: currently zoned, platted as one acre lots, or on the Future Land Use Plan designated for one acre or larger lots, or zoned and platted as SF -1 or RE shall: 1. Have a minimum area of 20,000 s.f., and 2. Have a minimum lot width of 103' at the rear property line. Open Space Management Plan: All Common Open Space shall be owned and maintained by the Highland Oaks Homeowners Association (HOA). All other areas shall be the responsibility of the individual property owners, including the front yards and required streetscape trees of the residential lots. All property owners shall be required to be a member of the HOA. Dues assessments, required for the maintenance of the common areas and other HOA activities, shall be mandatory. The HOA shall be responsible for the maintenance and operation of the protected open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the HOA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the unlikely event the HOA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for it's maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the HOA or individual property owners that make up the HOA, and may include administrative costs and penalties which shall become a lien on all property in the development. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other Case No. Attachment G ZAl2 -051 Page 5 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. 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 Case No. Attachment G ZAl2 -051 Page 6 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. Case No. Attachment G ZAl2 -051 Page 7 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 1 St reading the day of , 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of , 2012. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZAl2 -051 Page 8 EXHIBIT "A" Being described as Tracts 8CO2, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, being approximately 9.26 acres, and more fully and completely described below: Reserved for Corrected Metes and Bounds Description Case No. Attachment G ZAl2 -051 Page 9 EXHIBIT "B" Reserved for Approved Development Plan Case No. Attachment G ZAl2 -051 Page 10