Item 9APROJECT:
EXECUTIVE
SUMMARY:
CITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
November 25, 2013
Variance to Tree Preservation Ordinance for Shadv Oaks Phase III
On behalf of Terra /Shady Oaks, L.P., DeOtte Inc. is requesting approval of a Variance
to Tree Preservation Ordinance No. 585-D for Shady Oaks, Phase III on property
described as Tracts 11 C and 11 CT Thomas M. Hood Survey, Abstract No. 706, City of
Southlake, Tarrant County, Texas and located at 1055 and 1125 N. Peytonville Ave.,
Southlake, Texas. Current Zoning: "SF-20A" —Single Family Residential District. SPIN
Neighborhood #6.
REQUEST: DeOtte Inc. is requesting approval of a Variance to Tree Preservation Ordinance No.
585-D for Shady Oaks, Phase III. The Tree Conservation Plan that was submitted with
the Final Plat application has been revised from the originally approved plan to
accommodate the grading of the lots. The revised plan does not comply with the
requirements of the Tree Preservation Ordinance. According to the Ordinance, 60% of
the existing tree canopy is required to be preserved and only 42% of the existing
canopy is shown to be preserved on the Tree Conservation Plan. Approval of a
variance by the Planning and Zoning Commission and City Council is required to allow
42% of the existing canopy to be preserved. Please see the Variance Request Letter in
Attachment B of this report.
The Shady Oaks Phase III Final Plat was approved by the Planning and Zoning
Commission on November 21, 2013. At the same meeting, the Planning and Zoning
Commission recommended approval of the Variance to the Tree Preservation
Ordinance subject to the applicant presenting a mitigation plan to City Council when
the case goes forward to Council to address mitigating some of the lost trees and
subject to the staff report dated November 15, 2015.
ACTION NEEDED: Consider approval of Variance to the Tree Preservation Ordinance
ATTACHMENTS: (A) Background Information
(B) Plans and Support Information — Link to PowerPoint
(C) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Richard Schell (748-8602)
BACKGROUND INFORMATION
OWNER: Terra /Shady Oaks, L.P.
APPLICANT: DeOtte Inc.
PROPERTY SITUATION: 1055 and 1125 N. Peytonville Ave.
LEGAL DESCRIPTION: Tracts 11C and 11C7, Thomas M. Hood Survey, Abstract No. 706
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "SF-20A" — Single Family Residential District
HISTORY: -A change of zoning from "AG" to "SF-20A" was approved by City Council on
September 18, 2007 (ZA07-085).
-A preliminary Plat for Shady Oaks Addition was also approved by City Council
on September 18, 2007 (ZA07-086).
-A final Plat for Shady Oaks, Phase 1 A, was approved by P&Z on December 6,
2007 (ZA07-147).
-A preliminary plat for Shady Oaks Phase 1 B and Phase 2 was approved by
City Council on April 20, 2010 (ZA09-076).
-A final plat for Shady Oaks Phases 2A and 2B was approved by the Planning
and Zoning Commission on April 30, 2010 (ZA10-031).
-A final plat for Shady Oaks Phase 2C was approved by the Planning and
Zoning Commission on March 22, 2012.
-A final plat for Shady Oaks Phase 2F was approved by the Planning and
Zoning Commission on March 22, 2012.
-A final plat for Shady Oaks Phase III was approved by the Planning and
Zoning Commission on November 21, 2013
PLANNING AND ZONING
COMMISSION ACTION: November 21, 2013; Approved (5-0) subject to the applicant presenting a
mitigation plan to City Council when the case goes forward to Council to
address mitigating some of the lost trees and subject to the staff report dated
November 15, 2015.
Attachment A
Page 1
Plans and Support Information
Variance Request Letter
CIVIL ENGINEERING
November 13, 2013
Mr. Richard Schell, Planner
City of Southlake
1400 Main Street; Suite 310
Southlake, Texas 76092
Re: Request for Variance to the Tree Ordinance
Shady Oaks, Phase 3 and 4
Dear Mr. Schell:
On behalf of our client, Terra/Shady Oaks, L.P., we request that you forward this application for a
variance to Section 7.2 of Ordinance 585-C, The Tree Preservation Ordinance. This request is
made under the provision for Variances, Section 15.2 of Ordinance which allows for variances.
According to the ordinance 60% of the pre -development tree coverage is called be preserved
based upon 20.10XY-40% of the site having existing tree coverage. This variance is requesting to
reduce the pre -development coverage preservation from 60% to 42%.
After 6-months of extensive planning and engineering, with an emphasis to save as many trees as
possible given the development and building standards expected for this development, we
believe a variance is required for the following reasons which correspond with factors described
in Section 15.2.
i. Whether a literal enforcement of the Ordinance will create an undue hardship or an unreasonable
practical difficulty on the applicant,
For the site as a whole, most of the trees are closely clustered at the top of a hill which
requires extra expense in terms of retaining walls, grading and other construction items to
achieve the pads for the house lots. Since pads are flat and the street cross slopes are
extremely minor compared to existing grades, achieving a desirable pad requires significant
grading. In some cases, pads are 15 feet below the elevation of portions of open space
across the street. Given the severe terrain and the intense cluster of trees at that one
portion of the site, the 60% requirement is practically impossible to achieve. While
significant and extensive improvements have been designed to save quite a number of trees,
further efforts would yield undesirable pads for this neighborhood.
PHONE (817) 421-8600 395 W. STATE I3rGHWAY 114; SurrE 400 ^- Sots axE, TayAs 76092 Fax (817) 421-8607
mww.DEC)nm.com
Attachment B
Page 1
Mr. Richard Schell, Planner
00, of.Southlake
- ovember 4, 2013
Page 2
Additionally, Phases 3 and 4 of this development are zoned SF-20A but include significant
opens spaces which have limited layout options for this development. Preservation of the
open spaces is strongly preferred by the developer and by the City.
U. Whether the situation causing the unnecessary hardship or practical difficulty is unique to the affected
property and is not self-imposed,
The location of the intense tree cluster and the steep topography are uncommon natural
features.
X. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired
activity without the alteration of the tree;
Extensive effort and design has been undertaken to save as many trees as possible. Please
notice the extensive retaining walls and street locations on the grading plan.
iv. Whether the variance will injure or be wholly compatible with the use and future or existing development
of adjacent properties,•
The proposed variance will have no effect on any adjacent development.
V. Whether the increased development costs caused by preserving the tree create an undue hardship on the
development of the site;
The development will be spending significant costs in order to preserve as many trees as
possible under the current plan. The developer understands and shares the City's interest in
preserving trees and has undergone significant, costly effort to preserve those trees shown.
Further financial hardship only diminishes the project from what is proposed. The lots on
these steep lots may not be developable without the variance.
vi. Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture
retention, flaw of surface water, and drainage systems,•
There will be no adverse effect on erosion, soil retention, flow of surface water and drainage
systems. The overall proposed subdivision construction addresses all of these factors.
vli. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and
visual effects of non-residential uses;
There are no non-residential uses adjacent to the area of concern.
viii. The costs versus the benefits of relocating required utility service infrastructure and easements based on
preservation or alteration of protected trees;
PHONE (817 421-8600 395 W_ S'rATE HIGHWAY 114; SuriF 400 — SoL"F'H AK , TEXAs 76092 FAX (817)421-8607
www_DEOTTE.COM
Attachment B
Page 2
Aft. Richard Schell, Planner
Qj- of Southlake
:4orember 13, 2013
Page 3
Waterlines have already been constructed based on the layout of Phases 3 and 4 and they
were placed in accordance with previous planning, zoning and preliminary platting of this
area. Relocation of this utility is not considered viable.
ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree,
Ordinance 585-D 26 Adopted November 20, 2007 Southlake Tree Preservation Ordinance & Technical
Manual
Tree Mitigation will be provided per the ordinance.
X. Whether the alteration adversely affects the public health, safety or welfare, and
We see no adverse impact on the public health, safety or welfare.
Xi. Whether the granting of the variance will be in harmony with the spirit and purpose of this Ordinance to
the greatest degree reasonably possible.
The variance is in keeping with the spirit and purpose of the Ordinance. This development is
providing open spaces for public use in order to save trees and has expended significant
effort in the planning stages to achieve the best possible preservation of trees. Additionally,
significant retaining walls will be constructed to establish desirable grades and save as many
trees as practical.
For the above reasons, we request that the City grant a variance to Section 7.2 of the Tree
Preservation Ordinance. We believe it is in keeping with the intent of the Ordinance particularly
due to the natural condition of the intense tree cluster on only a portion of the site and the steep
topography in the same area. The development has provided significant open spaces for the tree
protection as well even though these phases are zoned SF-20A.
We appreciate your assistance with this request.
Sincerely,
DeOtte. Inc.
1 49C 0�' W .1
Richard W. DeOtte, P.E., CFM
PHONE (817 421-8600 393 W. STATE HlcxmAY 114; SUITE 400 — SouTHL.AKE, TEtas ?6092 FAx (817)421-8607
wRw .DEOTTE.com
Attachment B
Page 3
Original Tree Conservation Plan
Attachment B
Page 4
Proposed Tree Conservation Plan
1,
L�
Attachment B
Page 5