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
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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
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Case No. Attachment C
ZAl2 -051 Page 3
TREE CONSERVATION ANALYSIS
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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
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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