Item 15Case No.
ZA21-0073
S T A F F R E P O R T
September 3, 2021
CASE NO: ZA21-0073
PROJECT: Zoning Change and Concept/Site Plan for The Learning Experience
EXECUTIVE
SUMMARY: Pershing Capital, on behalf the owner Aishwarya Properties, LLC, is requesting
approval of a Zoning Change and Concept/Site Plan for River Oaks Addition, on
property described as Lots 1-10, Block 1, of the River Oaks Addition, City of
Southlake, Tarrant County, Texas, located at 100-125 River Oaks Drive,
Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District.
Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN #11.
DETAILS: The project is located on the northwest corner of River Oaks Drive and W.
Southlake Blvd. The purpose of this request is to gain approval of a zoning
change and concept plan to amend the current “S-P-2” zoning for the
development and to receive site plan approval for the construction of a proposed
10,000 square foot single-story daycare center located on Lot 2, 100 River Oaks
Drive.
All previous conditions of approval shall remain in effect unless specifically
approved otherwise.
The proposed building is a single-story structure clad in a brick veneer The
Approved Concept Plan Lot 2
ZA05-091
Proposed Concept Plan Lot 2
ZA21-0073
Zoning/Proposed Zoning “S-P-2” with limited “C-2”
uses
“S-P-2” with limited “C-2”
uses
Net Site Acreage 1.14 acres 1.14 acres
Number of Proposed Buildings 1 1
Proposed Building Area (sf) 7,000 10,000
Area of Impervious Coverage
(sf) 32,229 max./19,863 shown 30,387
Percentage of Impervious Space
Allowed (C-2) / Provided 65% max /40% shown 65% max / 61% proposed
Max Building Height (O-1) 2.5 story / 35 feet (allowed) 1 story / 20 feet
(to roof peak)
Required Parking
(Per S-P-2)
1 space per 193 sf =
41 spaces 38 spaces (1:5 students)
Provided Parking 41 Spaces 37 Spaces onsite and
13 shared spaces
Case No.
ZA21-0073
highest point of the roof peak is 20 feet. Public entrance is from the east side of
the building.
Regulations approved for Lot 2 with the River Oaks development are as follows:
Permitted Uses
Shall be limited to the “C-2” uses as approved under Ordinance No. 480-474 and
include the following development regulations for Lot 2 only.
Proposed Development Regulations
This property shall be subject Ordinance No 480-474 and 480-474A and all other
applicable regulations with the following exceptions:
Lot 2:
• The “S-P-2” uses are amended for Lot 2 to allow up to a 10,000 sq. ft.
building for daycare use
• The site to be developed for a day care use with 1 parking space for 5
students (1:5) for drop-off and pick-up for a maximum total of 190 students
which requires a minimum of 38 parking spaces. This shall be provided
by 37 on-site and 13 shared off-site parking spaces. The parking for the
remaining River Oaks development shall remain at the minimum 1:193 sf
parking ratio.
• Allow the building articulation as shown on the architectural elevations.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plan Review Summary No. 2, dated September 3, 2021
(D) Surrounding Property Owners Map
(E) Ordinance No. 480-474b
Full Size Plans (for Commission and Council members only)
PowerPoint Presentation
Narrative and Response Letter
Plans
Corridor Planning Committee Report
SPIN Report
STAFF CONTACT: Dennis Killough (817)-748-8072
Patty Moos (817) 748-8269
Case No. Attachment A
ZA21-0073 Page 1
BACKGROUND INFORMATION
OWNER: Aishwarya Properties, LLC
APPLICANT: Pershing Capital
PROPERTY SITUATION: 100 River Oaks Drive, Southlake Texas
LEGAL DESCRIPTION: Lot 2, Block 1, River Oaks Addition
LAND USE CATEGORY: Low-Density Residential and Flood Plain
CURRENT ZONING: “S-P-2” Generalized Site Plan District
PROPOSED ZONING: “S-P-2” Generalized Site Plan District
HISTORY: - The property was annexed into the Town of Southlake in 1956 as “AG”
(Ord. No. 041).
-February 7, 2006 – City Council approved ZA05-091 Rezoning from “AG”
to “S-P-2” with “O-1” and “C-2” uses and Concept Plan for Stonebridge
Park at Southlake Phase II (Ord. No. 480-474).
-August 15, 2006 – City Council approved ZA06-075 a Site Plan for Lots
1 & 4 of River Oaks, consisting of 4 buildings totaling approximately
15,000 square feet.
- August 17, 2006 – Planning and Zoning Commission approved ZA06-
077 a Final Plat of River Oaks, Lots 1-10 on consent.
-August 6, 2013 – City Council approved ZA13-062 a Site Plan for Lot 8
of River Oaks, consisting of 2 buildings totaling approximately 6,000
square feet. One building at 120 River Oaks was constructed in
2013/2014.
-February 7, 2017; City Council approved a Zoning Change and Site Plan
for River Oaks, Lot 7 amending the zoning ordinance to include the
architectural renderings presented as an acceptable building type for all
lots in the zoning district, including the site plan for lot 7; the trail along
the creek will be constructed prior to the issuance of a Certificate of
Occupancy for the Lot 7 building, and unless indicated, that all other
zoning regulations associated with the existing S-P-2 zoning for the site
will remain in effect. (ZA16-026)
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is Low-Density
Residential.
These Future Uses are defined in the Southlake 2030 plan as follows:
LOW DENSITY RESIDENTIAL Purpose: The purpose of the Low
Density Residential land use category is to provide for and to protect
Case No. Attachment A
ZA21-0073 Page 2
low intensity detached single-family residential development that
promotes the openness and rural character of Southlake.
LOW DENSITY RESIDENTIAL Definition: The Low Density
Residential category is for detached single-family residential
development at a net density of one or fewer dwelling units per acre.
Net density is the number of dwelling units per net acre, which
excludes acreage in all public rights-of-way. Other suitable activities
are those permitted in the Public Parks / Open Space and Public /
Semi-Public categories described previously. The Low Density
Residential category encourages the openness and rural character
of the City of Southlake.
The Concept Plan for Stonebridge Park (known as River Oaks) was
approved with no change to the Low-Density Residential and Flood Plain
Future Land Use. A site specific recommendation was made in the 2004
Davis/F.M. 1938 Corridor Plan (a component of the Southlake 2025 Plan)
which encouraged lower intensity office and/or residential uses on the
site.
Pathways Master Plan & Sidewalk Plan
A 5-foot sidewalk is required along River Oaks Drive. An existing 8-foot
multi-use trail is located on the north side of W. Southlake Blvd. in front of
Lot 2.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The site has direct access to River Oaks Drive, a non-residential collector
with 40-50’ right of way.
F.M. 1709/Southlake Blvd (21)
(Between Randol Mill and Pearson)
24hr West Bound (18,433) East Bound (18,619)
AM Peak AM (1018)11:45AM–12:45PM Peak AM (2230) 6:45-7:45AM
PM Peak PM (2066) 5:00–6:00PM Peak PM (1158)1:15–2:15PM
* Based on the 2017 City of Southlake Traffic Count Report
Traffic Impact
A Traffic Impact Analysis (TIA) was not required/prepared for this
development.
Use Sq Ft Vtpd* AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Day Care 10,000 793 72 64 66 74
* Vehicle Trips Per Day
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
* Based on the ITE: Trip Generation Manual, 7th Edition
TREE PRESERVATION: A preliminary plat for the property was approved prior to the effective date
of the Tree Preservation Ordinance 585-E. In accordance with Section
20.0, of Ord. 585-E, the development of the property is regulated by the
Tree Preservation Ordinance 585-B. Under the regulations of the Tree
Preservation Ordinance 585-B, the removal of four (4) of the existing trees
on the southwest corner of the building will be required to be mitigated or
Case No. Attachment A
ZA21-0073 Page 3
a variance will need to be requested.
The applicant has the option to request that the development of the
property be regulated by the current Tree Preservation Ordinance 585-E.
With 585 -E, the applicant will need to provide the existing canopy cover
preservation data on the plan and write a regulation for the tree
preservation to be as shown on the tree conservation plan.
UTILITIES: Water
There is an existing 8” water line along River Oaks Dr. that will serve
this property.
Sewer
There is an existing 8” sanitary sewer line along River Oaks Dr. that will
serve this property.
DRAINAGE: Drainage from this site will generally flow to the east to River Oaks Drive
CITIZEN INPUT: The following meetings were held to discuss the development:
A SPIN meeting was held for this project on August 10, 2021.
A 2035 Corridor Planning Committee meeting was held on August 23,
2021.
STAFF COMMENTS: Attached is Review Summary No. 2, dated September 3, 2021
Case No. Attachment B
ZA21-0073 Page 1
Case No. Attachment C
ZA21-0073 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA21-0073 Review No.: Two Date of Review: 9/3/21
Project Name: Zoning Change and Site Plan – The Learning Experience
APPLICANT: Mycoskie and Associates and
Pershing Capital
OWNER: Aishwarya Properties, LLC
Jacob Sumpter Ved Aggarwal
591 E. Border St. 1700 N. Peytonville Ave.
Arlington, Texas 76010 Southlake, TX 76092
Phone: 817-469-1671 Phone: 972-849-8216
Email: jsumpter@mmatexas.com Email: vedaggarwal@msn.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/23/2021 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 THE APPROPRIATE STAFF MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
1. Place the city case number ZA21-0073 in the lower right corner of all sheets related to the site plan
submittal.
2. Provide the bufferyard and interior landscape calculation chart on the site plan.
3. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as
amended). The following changes are needed:
a. Label the distances to the nearest street R.O.W. intersection
b. Label the distances to the nearest existing off-site driveway centerlines in both
directions of the site (See Driveway Ord. 634 § 5 for spacing requirements)
4. The west façade of the building does not meet the required articulation. Regulation Provided
5. The current River Oaks development is parked at 1:193 sf. The size of the building and
proposed parking ratio for the 1:5 students for daycare will not maintain the 1:193 parking ratio
for the entire site. The proposed parking ratio for Lot 2 will be a 1:204 ratio. The remaining
development will be 1:193 ratio. Regulation Provided
6. The building front entry columns must be clad in masonry under Section 43.9.e. Exposed
Columns: Exposed structural support columns shall be constructed of, or clad in, the same
masonry material as the principal structure. Architecturally significant columns (e.g. fluted, etc.)
may be permitted. The proposed columns as shown as colored numeral columns and attached
building sign on the front elevation must be submitted under a separate sign variance and
separate sign permits.
Case No. Attachment C
ZA21-0073 Page 2
7. Any covered shade structure and/or playground with shade structures will need site plan
approval.
Note:
• All development must comply with the underlying zoning district regulations.
• Play structures shall not be placed outdoors between the primary building and the
adjacent public right-of -way.
___________________________________________________________________________
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. Please provide a color rendition of the Tree Conservation Plan.
2. None of the existing trees have numbers that correspond with existing tree data. Provide the
numbers on individual trees so that they correspond with the existing tree data.
3. In the S-P-2 regulations state which Tree Preservation Ordinance the development will be
regulated by.
A preliminary Plat for the property was approved prior to the effective date of the Tree
Preservation Ordinance 585-E. In accordance with Section 20.0, of Ord. 585-E, the development
of the property is regulated by the Tree Preservation Ordinance 585-B. The applicant has the
option to request that the development of the property be regulated by the current Tree
Preservation Ordinance 585-E. With 585 -E, the applicant will need to provide the existing
canopy cover preservation data on the plan and write a regulation for the tree preservation to
be as shown on the tree conservation plan.
4. Under the regulations of the Tree Preservation Ordinance 585-B, the removal of four (4) of the
existing trees on the southwest corner of the building will be required to be mitigated or a
variance need to be requested.
Under the regulations of Tree Preservation Ordinance 585-B the allowed removal of protected
trees is as follows;
Non-residential Development: In a non-residential development, all protected trees that the
Landscape Administrator determines must be altered in order to install utility lines within public
R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install
fire lanes, required parking areas and building pad sites as shown on an approved Site Plan,
shall be exempt from the tree protection and tree replacement requirements listed in Sections 7
and 8 of this Ordinance. Any protected trees within these areas that the Landscape Administrator
determines do not have to be altered shall be subject to the tree protection requirements listed
in Section 8 of this Ordinance, but not to the tree replacement requirements listed in Section 7
of this Ordinance. All other areas of the development shall be subject to both the tree
replacement and the tree protection requirements, and all other provisions of this Ordinance.
Case No. Attachment C
ZA21-0073 Page 3
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan 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 Plan 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.
LANDSCAPE COMMENTS:
1. The parking planter islands may not fully contain river rock and must contain the required plant
material. Some river rock may be incorporated into the design, but the islands must contain the
other required plant materials.
All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with
the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter
islands which have light poles for lighting the parking areas may substitute two (2)
understory/accent trees for the required canopy tree. This applies to landscape islands and/or
areas at the ends of rows of parking.
2. No portion of the required interior landscape plant material is proposed to be placed adjacent to
the building.
A minimum of 75% of all required interior landscape area and plant material within the interior
landscape areas shall be in the front and along either side of the building between the building
and the interior edge of the required bufferyards and a portion thereof shall be placed adjacent
to the building where practical.
3. Label the required bufferyards by width of type.
4. The minimum required shrubs for the interior landscape and bufferyards are not being provided
in the landscape design.
5. Parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to-edge
if no curb is intended and shall be equal to the length of the parking stall.
6. When parking is provided between the right-of-way and the building set back line, a solid
evergreen hedgerow of plants obtaining a mature height greater than three feet (3’) shall be
planted. When planted, this hedge shall be a minimum of two feet (2’) in height and planted no
further than thirty inches (30”) on center.
* Existing tree credits are being taken for existing trees within the west bufferyard. Existing tree
credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree
Preservation Ordinance have been met as determined at the time of inspection for a Permanent
Certificate of Occupancy.
* Indicates informational comment.
# Indicates required items comment.
_________________________________________________________________________________
Development Engineering
Case No. Attachment C
ZA21-0073 Page 4
Sandra Endy, P.E.
Development Engineer
Phone: 817-748-
Email: sendy@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of the
civil construction plans.
* Submit grading and drainage plan with Building Permit application prepared by a registered
professional engineer in the State of Texas. Plan shall include 2’ contours and drainage arrows.
Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605. Runoff from the dwelling must be shown to
discharge into a drainage easement or right of way.
* Submit Civil Plans and building plans directly to the Building Department for permitting, no
separate submittal through Public Works will be needed.
DRAINAGE COMMENTS:
2. Please submit a preliminary drainage plans that show both pre and post conditions, along with
the associated calculations.
3. Will drainage be routed around the proposed retaining wall along the western property
boundary? Verify that the proposed retaining wall does not impede runoff coming from the west.
INFORMATIONAL COMMENTS:
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000.
The plan must include all required elements in Part III, Section F of the permit. The
Environmental Coordinator will review the SWPPP. For instructions on how to complete the
review of the SWPPP please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S.
SWPPP shall be submitted by second review of the civil construction plans.
* Retaining walls greater than 4-feet including the footing shall require structural plans prepared
by a registered engineer in the State of Texas. Retaining walls shall require a permit from the
Building Inspections Department prior to construction.
*=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals.
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8223
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
The required backflow protection (double check valve) for the sprinkler systems can be located
on the riser if the riser is within 100 feet of the water main, measured linearly along the length
of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be
Case No. Attachment C
ZA21-0073 Page 5
in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or
a minimum of 6’X6’ if it is located on the riser. (Label riser room locations to determine
termination point of riser piping, and indicate the size of the riser room)
The Fire Department Connection for the sprinkler system must be within 100 feet of a fire
hydrant, and within 50 feet of fire department fire lanes on the property. (FDC location not
indicated on the plans) Add FDC location, wall mount or remote connection to meet the
distance requirements or add a fire hydrant.
FIRE LANE COMMENTS:
Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide
and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW).
The fire lane shown on the plan is in excess of the 150 feet dead-end fire lane allowed by the
2018 International Fire Code. (Revise fire lane to be a maximum of 150 feet long with a dead
end).
_________________________________________________________________________________
General Informational Comments
* 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 from 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 applicant should be aware that prior to issuance of a building permit an amended plat must
be processed and filed in the County Plat Records, a fully corrected site plan, landscape 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.
* A letter of permission from the adjacent property owner(s) on the west must be obtained prior
to issuance of a building permit for the construction of the off-site pavement.
* Denotes Informational Comment
Case No. Attachment D
ZA21-0073 Page 1
SURROUNDING PROPERTY OWNERS MAP
SPO # Owner Zoning Physical Address Acreage Response
1. GARNER, ROBERT SF1-A 225 TIMBER LINE LN 1.65 NR
2. YATES, LINDA SF1-A 135 JELLICO CIR 1.01 NR
3. QUINONES, MICHAEL C SF1-A 115 JELLICO CIR 2.27 NR
4. GARNER, ROBERT SF1-A 225 TIMBER LINE LN 1.56 NR
5. ANKINZ LLC SP2 2350 W SOUTHLAKE BLVD 3.76 NR
6. LEONHARD, TIMOTHY SF1-A 226 TIMBER LINE LN 3.46 NR
7. THOENNES, MARY GRACE SF1-A 119 JELLICO CIR 1.94 NR
8. POWELL, CHARLES SF1-A 127 JELLICO CIR 7.01 NR
9. LINEHAN, THOMAS S SF1-A 220 TIMBER LINE LN 1.39 NR
10. LE, HOAN SF1-A 111 JELLICO CIR 1.92 NR
11. NADO I LLC SP1 2530 W SOUTHLAKE BLVD 1.92 NR
12. NADO I LLC SP1 2580 W SOUTHLAKE BLVD 1.71 NR
13. AJLOUNI, RAED AG 2415 W SOUTHLAKE BLVD 2.54 NR
14. KENDZIOR, RUSSELL SF1-A 139 JELLICO CIR 4.17 NR
15. FIRST CARLYLE CAPITAL
FUNDING SP1 170 STONEBRIDGE LN 4.31 NR
16. FSCF II LLC SP1 150 STONEBRIDGE LN 1.36 NR
17. TAK ENTERPRISES INC SP1
2419 W SOUTHLAKE BLVD
UNIT 110 0.09
NR
18. TAK ENTERPRISES INC SP1 2419 W SOUTHLAKE BLVD 0.82 NR
19. SOUTHLAKE CHURCH OF
CHRIST CS 2417 W SOUTHLAKE BLVD 9.30 NR
20. AISHWARYA PROPERTIES LLC SP2 100 RIVER OAKS DR 1.15 NR
21. KLOESEL, GREGORY B SP2 101 RIVER OAKS DR 0.92 NR
22. AISHWARYA PROPERTIES LLC SP2 104 RIVER OAKS DR 0.83 NR
23. AISHWARYA PROPERTIES LLC SP2 124 RIVER OAKS DR 1.16 NR
24. JOJO REED LLC SP2 113 RIVER OAKS DR 0.07 NR
25. CNNTEXAS HOLDINGS SP2 109 RIVER OAKS DR 0.08 NR
Case No. Attachment D
ZA21-0073 Page 2
SOUTHLAKE LL
26. PES MANAGEMENT LLC SP2 105 RIVER OAKS DR # 105 0.08 NR
27. WELLS FARGO BANK NA SP2 105 RIVER OAKS DR 1.91 NR
28. KMARR PROPERTIES LLC SP2 120 RIVER OAKS DR 0.64 NR
29. AISHWARYA PROPERTIES LLC SP2 125 RIVER OAKS DR 1.10 NR
30. CRISIS RESPONSE COMPANY
LLC SP2 121 RIVER OAKS DR 2.17 NR
31. AISHWARYA PROPERTIES LLC SP2 116 RIVER OAKS DR 0.61 NR
32. AISHWARYA PROPERTIES LLC SP2 112 RIVER OAKS DR 0.84 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: 29
Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 29
Responses received within 200 ft:
Responses received within 300 ft.:
Case No. Attachment D
ZA21-0073 Page 1
SURROUNDING PROPERTY OWNERS RESPONSES
No responses received to date
Case No. Ord. No. 480-474B
ZA21-073 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-474b
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 LOT 1-10, BLOCK 1, RIVER OAKS ADDITION,
BEING APPROXIMATELY 12.32 ACRES FROM “S-P-2”
GENERALIZED SITE PLAN DISTRICT WITH “C-2” LOCAL
RETAIL COMMERCIAL DISTRICT USES AND “O-1” OFFICE
DISTRICT USES, TO “S-P-2” GENERALIZED SITE PLAN
DISTRICT WITH LIMITED “C-2” LOCAL RETAIL COMMERCIAL
DISTRIT USES AND “O-1” OFFICE DISTRICT USES AS
DEPICTED ON THE APPROVED SITE 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 “S-P-2”
Case No. Ord. No. 480-474B
ZA21-073 Page 2
Generalized Site Plan District with “C-2” Local Retail Commercial District Uses and “O-1” Office
District Uses 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 and 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
Case No. Ord. No. 480-474B
ZA21-073 Page 3
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of 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:
Case No. Ord. No. 480-474B
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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 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,
Case No. Ord. No. 480-474B
ZA21-073 Page 5
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 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,
Case No. Ord. No. 480-474B
ZA21-073 Page 6
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.
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 1st reading the ____ day of ______, 2021.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of ____, 2021.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Ord. No. 480-474B
ZA21-073 Page 7
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Ord. No. 480-474B
ZA21-073 Page 8
EXHIBIT “A”
Lot 1-10, Block 1, River Oaks Addition, being approximately 12.32 acres:
Case No. Ord. No. 480-474B
ZA21-073 Page 9
EXHIBIT “B”
Reserved for Approved S-P-2 Regulations &
Plans