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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