Memorandum January 14, 2021 - Fairview
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Memorandum
January 14, 2021
TO: Planning and Zoning Commission
Julie Couch, Town Manager
FROM: Israel Roberts, AICP
Planning Manager
SUBJECT: STODDARD PROPERTY (CASE #ZA2020-05)
BACKGROUND: This is a request for approval to rezone a 31.05-acre tract of land from the (RE-
3) Three-acre Ranch Estate District to a (PC) Planned Center District with (RE-2) Two-acre Ranch
Estate District standards. The site is located at 930 Country Club Road, on the south side of
Country Club Road, east of Stoddard Road. Applicant: Keith Hamilton, Hamilton Duffy, PC,
representing owners Mark and Morgan Stoddard.
STATUS OF ISSUE: The concept plan reflects the potential development of a fourteen (14) lot
single-family residential subdivision. Each lot will be developed in accordance with the (RE-2)
Two-acre Ranch Estate District design standards. The Planned Center District is necessary to
adopt a concept plan and additional development criteria (ie: number of lots, access, and design
regualtions).
The proposed development will be accessed by a cul-de-sac street extending from Country Club
Drive, featuring a split main entryway. For emergency purposes only, the cul-de-sac features a
gated, emergency access connection to Hart Road. Other than this emergency access drive, and
the street connection to Country Club, no other vehicular access, to either street, directly or
indirectly, or via adjacent properties, will be permitted (settlement). Maintenance of this
emergency drive and the easement will be the responsibility of a Homeowners Association.
In order to screen the back of proposed Lots 7 and 8 from the Hart Road, the concept plan provides
for a 25-feet wide landscape, utility, drainage and trail easement adjacent to Hart Road
(settlement). The applicant has provided a conceptual landscape screening plan for the planting
of this area. As shown the buffer area includes a berm and a mixture of shade and ornamental
trees. If approved, a formal landscape plan would be provided with the subdivision plat process.
P:\- Planning Dept\DEVELOPMENT FILES\Zoning\2020\ZA2020-05 Stoddard\Staff Reports\ZA2020-05 Stoddard Property.docx
This landscape buffer area would be maintained by a Homeowners Association. The area adjacent
to Hart Road would also include the installation of a 10 feet wide walking trail.
In August 2020, the Town entered into a settlement with the property owner regarding this
application. This submittal, the format of the request, the design and the recommended conditions
are in conformance with that agreement. That agreement does not bind the Planning and Zoning
Commission to take any particular action but if the proposed zoning is ultimately adopted by the
Council the lawsuit will be required to be dismissed.
CONPREHENSIVE PLAN: According to the Comprehensive Plan and the Future Land Use Map,
the site is designated for Residential Estate Transition uses. By definition, the Residential Estate
Transition designation recommends a gross density of one or fewer dwelling units per 1.5-acres of
land while providing for a minimum lot size of 1-acre. In this case, with 31.05-acres of land, the
Comprehensive Plan recommends a maximum of 20.7 residential units. The proposed concept
plan reflects a total of 14 residential lots, all of which are a minimum of 2.0-acres in area, therefore,
the proposed development meets the recommendations of the Comprehensive Plan regarding
density and lot size.
HISTORY: This site was annexed into Town limits, and zoned over a number of years with
multiple actions. The last of which occurred in 2007, which established the (RE-3) Three-acre
Ranch Estate District over a majority of the property.
LAND USE: The land use and zoning of the surrounding properties are as follows:
Current Zoning Current Land Use Future Land Use Plan
North City of McKinney Residential City of McKinney
(RE-1) One-acre
East Residential Residential Estate
Ranch Estate
(AG) Agriculture
District & (RE-2) Horse Ranch &
South Residential Estate
Two-acre Ranch Residential
estate District
(RE-1.) One-acre
Ranch Estate & (RE- Residential & Former Residential Estate
West 1.5) One-and-one- Fairview Country Day Transition and
half-acre Ranch School (closed) Institutional Uses
Estate District
PUBLIC INPUT: The town has notified 37 adjacent property owners within 500 feet of the subject
property and Lovejoy ISD in accordance with Town requirements and to date have received two
(2) letters of support, in addition to other comments from the adjacent neighborhoods. All
correspondence as of January 8, has been included with this packet.
P:\- Planning Dept\DEVELOPMENT FILES\Zoning\2020\ZA2020-05 Stoddard\Staff Reports\ZA2020-05 Stoddard Property.docx
RECOMMENDATION: Since the proposed rezoning conforms with the recommendations of the
adopted Comprehensive Plan, staff recommends APPROVAL of the subject rezoning request
with the following conditions:
1. The site shall be developed in general conformance with the concept plans.
2. The site shall be zoned for a (PC) Planed Center District with (RE-2) Two-acre Ranch
Estate development standards.
3. No additional driveway, private drive, or right-of-way access or other vehicular access
shall be provided to Hart Road, expect for a Town required gated emergency access point,
such that all interior streets, alleys, driveway, easements, or other access routes must all
be designed to provide street access only to Country Club Road. Development of the shall
not include any future roadway connections to other properties having access points to
Hart Road.
4. No lots shall front onto Country Club Road and no lots shall have any driveway or other
vehicular access to Country Club Road.
5. Parking and private lot driveway access shall be prohibited onto the main entry roadway
adjacent to the split entryway.
6. Maintenance of the gated emergency access drive and corresponding access easement
shall be the responsibility of a Homeowners Association.
7. Installation of a 10-feet wide concrete trail is required along Hart Road.
8. All houses beyond 600 feet on the cul-de-sac street, as measured from the intersection of
Country Club Road, will require a sprinkler system, regardless of size.
9. Plantings within the landscape easement adjacent to Hart Road shall be in general
conformance with the Landscape Concept Plan. Maintenance of the planting material
within this easement, and any other common areas, shall be the responsibility of a
Homeowners Association.
ATTACHMENTS:
• Locator
• Proposed Concept Plan
• Landscape Concept Plan
• Comments
P:\- Planning Dept\DEVELOPMENT FILES\Zoning\2020\ZA2020-05 Stoddard\Staff Reports\ZA2020-05 Stoddard Property.docx
Country Club Rd (FM1378)
Englenook Ct
Beechwood Ln
Subject
Briardale
Hart Rd.
Tranquility Dr
Saint James Dr.
Elmbrook Dr
ZA2020-05
ENLARGEMENT A
ENTRY
(3) LAG PTM
45 gal.
(10) HES PAR
5 gal.
(10) MUH CAP
5 gal.
(6) YUC REC
7 gal.
09/28/20
ENLARGEMENT A NORTH
0 15 30 60 90
SCALE: 1" = 30'-0"
ENLARGEMENT B
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 09/28/20, WHO MAINTAINS THE ORIGINAL
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
(5) ILE DEC (3) CER CAN (4) ULM CRA (4) QUE MAC
30 gal. 45 gal. 3" Cal. 3" Cal.
18"-24" BERM 18"-24" BERM 18"-24" BERM
(4) JUN EAS
3" Cal.
PLANT SCHEDULE
TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
CER CAN 3 Cercis canadensis Eastern Redbud 45 gal. 8` As Shown NORTH
0 25 50 100 150
ENLARGEMENT B JUN EAS 4 Juniperus virginiana Eastern Red Cedar 3" Cal. 8`-10` Ht. As Shown Single Straight Trunk
LANDSCAPE BUFFER SCALE: 1" = 50'-0"
LAG PTM 3 Lagerstroemia indica `Natchez` Natchez Crape Myrtle 45 gal. 8` As Shown 3 to 5 canes
QUE MAC 4 Quercus macrocarpa Burr Oak 3" Cal. 12` Height Min As Shown
ULM CRA 4 Ulmus crassifolia Cedar Elm 3" Cal. 12` Height Min As Shown Single Straight Trunk
SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
HES PAR 10 Hesperaloe parviflora Red Yucca 5 gal. 18"-24" 48" O.C.
ILE DEC 5 Ilex decidua Possumhaw Holly 30 gal. 6`
MUH CAP 10 Muhlenbergia capillaris Pink Muhly Grass 5 gal. 18"-24" 36" O.C.
YUC REC 6 Yucca recurvifolia Spineless Yucca 7 gal. 24" min. 48" O.C.
GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS
CYN HYB 56,460 sf Cynodon dactylon `419 Hybrid` Bermuda Grass Hydro-Mulch
NAS PON 308 Nassella tenuissima `Pony Tails` Mexican Feathergrass 4" pots 18" O.C. 18" o.c.
SAL AUG 8 Salvia farinacea `Augusta Duelberg` Mealy White Sage 1 gal. 24" O.C. 24" o.c.
NORTH SAL HEN 19 Salvia farinacea `Henry Duelberg` Henry Duelberg Sage 1 gal. 24" O.C. 24" o.c.
0 50 100 200 300
SAL GRE 32 Salvia greggii Autumn Sage 1 gal. 24" O.C. 24" o.c.
SCALE: 1" = 100'-0"
SAN CHA 28 Santolina chamaecyparissus Lavender Cotton 4" pots 18" O.C. 18" o.c.
CIsrael Roberts
From: Stuart Blumenthal
Sent: Monday, January 4, 2021 12:36 PM
To: Israel Roberts
Cc: Fairview Mayor
Subject: 930 Country Club Road
Israel,
We received your letter dated December 31st, 2020 regarding the rezoning of the property located at 930 Country Club
Road. Our concern is the drainage of water. Currently, a majority of the neighborhood dumps on the left side of our
house and then goes against the back property line connecting into another outlet. That other outlet dumps water from
another part of the neighborhood and runs along the right side of our property.
We have lost many trees and over the years due to the amount of water and unable to create a green barrier. Currently,
some of that water is escaping into the current cow pasture (930 Country Club Road Property). We need to make sure
the water is diverted away from our property, as promised by the City of Fairview's town engineer. We want two
assurances:
1. Water coming down the left side of our property will be diverted and will no longer be running along the back
side of our property. This was promised by the City of Fairview's Engineer upon inspection of our property 2
years ago.
2. No water from the new development will be diverted to our property, and if so, will be remedied at the builder's
expense.
These are our concerns and want to make sure these are addressed prior to this being approved. We want to see plans
on how the water will flow in both neighborhoods.
Please feel free to contact me at 480.650.3344 or stuart.blumenthal@gmail.com.
Thank you!
1Israel Roberts
From: Milligan, Jeff
Sent: Monday, January 4, 2021 2:49 PM
To: Israel Roberts
Cc: 'lisa.milligan@live.com'
Subject: Rezone of 903 Country Club Road
Hi Israel
I have a few questions about the rezoning and the proposal sent.
First off I see the drainage for Fairview Meadows going into the middle of Lot 12. I don’t believe this is a good plan as
my neighbor has a pond in his backyard every time it rains without that area being developed. Since the town of
Fairview is rezoning it from RE‐3 to RE‐2, it would be nice if they would add a retaining pond or public space to this
development. If not I would like to know the plans for drainage.
In the proposal it would be nice to have a sidewalk added along Hart Rd. Right now it says 20’ Landscape, Drainage,
Utility and Trail Easement so that might be same thing but would like to have it required.
Thanks for your time
Jeff Milligan
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