Item 4J
M E M O R A N D U M
August 11, 2015
To:
Shana Yelverton – City Manager
From:
Ken Baker, AICP – Senior Director of Planning & Development Services
Subject:
Amendment of Zoning Ordinance No. 480-SSSS
Action
Requested:
Conduct a Public Hearing and consider approval of an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, to Section 22,
C-3, General Commercial District, and Section 45, Specific Use Permits.
Background
Information:
The purpose of this item is to consider amending Section 22, C-3 General
Commercial District to set the maximum permitted floor area of a single
tenant, owner or business occupancy located in the C-3 Zoning District
(Section 22) at sixty thousand (60,000) square feet as well as provide
provisions for existing legally conforming single tenant, owner or business
occupancies exceeding sixty thousand (60,000) square feet of floor area
in the C-3 district prior to adoption of this ordinance, and add language to
the Specific Use Permit section (Section 45) of the Ordinance that allows
application for a SUP in order to exceed sixty thousand (60,000) square
feet of floor area for a single tenant, owner or business occupancy.
The proposed amendment would grant the Planning and Zoning
Commission and City Council the ability to review and allow the location
of proposed single tenant, owner or business occupancies that exceed
sixty thousand (60,000) square feet. The amendment would result in
revising Section 22.5.f of Zoning Ordinance No. 480, as amended, by
providing a maximum floor area of sixty thousand (60,000) square feet
per single tenant, owner or business occupancy, and adding provisions to
Section 45, Specific Use Permits, of the Comprehensive Zoning
Ordinance No. 480, as amended allowing for a single tenant, owner or
business occupancy to exceed the sixty thousand (60,000) square feet
threshold.
Any existing legally conforming single tenant, owner or business
occupancies that exceed sixty thousand (60,000) square feet of floor area
in the C-3 district prior to adoption of this ordinance shall be permitted to
continue operating as legally conforming uses and/or structures.
480-SSSS Page 1
Overview of the Current Ordinance
Section 22 of the Zoning Ordinance (C-3 General Commercial District)
currently establishes a minimum floor area of two thousand (2,000)
square feet for a separate building or structure within the C-3 District.
Section C-3, however, does not establish a maximum floor area for a
single tenant, owner or business occupancy.
Purpose for Revision
The proposed amendment would give the Planning and Zoning
Commission and City Council more discretion in future development that
may propose larger tenants, giving more control as to where these uses
are located, as well as impacts on surrounding property and roadways.
PROPOSED CHANGE TO PERMITTED INDUSTRIAL USES WITHIN SECTION 26
(SEE ITEM 22.5.f):
22.5 DEVELOPMENT REGULATIONS - In this district, the following development
regulations shall be applicable (As amended by Ordinance No. 480-HH.):
f. Floor Area: The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet. There is no
maximum floor space, except as specified herein under other provisions of
this ordinance. The maximum floor area for a single tenant, owner or business
occupancy contained within any structure existing in this district shall be sixty
thousand (60,000) square feet. Any existing legally conforming single tenant,
owner or business occupancies that exceed sixty thousand (60,000) square
feet of floor area in the C-3 district prior to adoption of this ordinance shall be
permitted to continue operating as legally conforming uses and/or structures.
PROPOSED ADDITION TO SECTION 45, SPECIFIC USE PERMITS:
49. Single tenant, owner or business occupancy exceeding sixty thousand
C-3
(60,000) square feet
Citizen Input/
Board Review:
A SPIN meeting was held on June 23, 2015. A copy of the SPIN meeting
report can be found under Attachment “A” of this memorandum
Notification of the P&Z Public Hearing was mailed to affected property
owners as shown in Attachment “C” and response forms are included in
this memorandum as Attachment “D.” A Public Hearing will be held by
both P&Z and City Council
Legal Review:
This item is under review by the City Attorney.
Attachments:
(A) SPIN Meeting Report
(B) Map of C3 and C3 Use Zoned Properties
480-SSSS Page 2
(C) Notification List
(D) Notification Response Forms
(E) Ordinance 480-SSSS
(F) Link to Presentation
Planning & Zoning
Commission:
August 6, 2015; Approved (6-0) as presented specifically noting staff is
allowed to refine the definitions prior to presenting to City Council.
480-SSSS Page 3
ATTACHMENT “A”
480-SSSS Page 4
480-SSSS Page 5
480-SSSS Page 6
480-SSSS Page 7
480-SSSS Page 8
480-SSSS Page 9
480-SSSS Page 10
ATTACHMENT “B”
480-SSSS Page 11
ATTACHMENT “C”
Owner Property Address Zoning Acreage Response
1 Dallas Mta Lp 700 W SH 114 NRPUD 19.987928
2 Verizon Wireless Texas Llc 500 W DOVE RD NRPUD 24.858619
3 Dove 114 Infinity Llc 500 W SH 114 SP2 29.491941
4 Dominion Southlake Properties 101 E SH 114 C3 0.404417
5 Dominion Southlake Properties 201 E SH 114 C3 0.077866
1350 N WHITE CHAPEL
6 Dominion Southlake Properties C3 6.327165
BLVD
7 Dominion Southlake Properties 301 E SH 114 C3 2.697876
8 Dominion Southlake Properties 319 E SH 114 C3 2.859802
9 Highland Group Jv 930 E HIGHLAND ST C3 11.943252
10 Highland Group Jv 1320 N CARROLL AVE C3 1.472693
11 Regions Bank 1000 E SH 114 C3 1.336668
12 Xaris Investments Ltd 1050 E SH 114 C3 2.108699
13 Gateway Church 700 BLESSED WAY NRPUD 82.012963
14 Gateway Church 701 BLESSED WAY NRPUD 34.288724
15 Greenway-Carroll Road Prtnrs 1201 E SH 114 C3 7.093552
16 Fechtel, Joe Est 1778 E SH 114 NRPUD 0.084700
17 Fechtel, Joe Est 1774 E SH 114 NRPUD 0.245416
18 Fusselman, Bruce Etux Michelle 2100 E SH 114 C3 1.801652
19 Bonola Family Ltd Prtnshp 2680 E SH 114 C3 1.254726
20 Bonola Family Ltd Prtnshp 2600 E SH 114 C3 1.148624
21 Bonola Family Ltd Prtnshp 2540 E SH 114 C3 5.644102
22 Chamathil, Varghese Etux Sara 2300 E SH 114 C3 2.130442
23 Victron Stores Lp 401 N KIMBALL AVE C3 0.892675
24 Shamrock Pipeline Corp, The 1689 E SH 114 C3 0.411669 F
25 H D Development Properties Lp 1695 E SH 114 C3 0.195979
26 Hd Development Propertiex, Lp 300 VILLAGE CENTER DR C3 11.603633
27 Eqyinvest Owner II Ltd Llp 2120 E SOUTHLAKE BLVD C3 7.370758
28 Inland Western Slake Suntree 100 W SOUTHLAKE BLVD SP2 7.738435
29 Inland Western Slake Corners K 200 N KIMBALL AVE C3 16.710245
30 McDonald's Corp 225 N KIMBALL AVE C3 1.058910
31 Lowes Home Centers Inc 201 N KIMBALL AVE C3 14.821312
32 Realtex Ventures Inc 1600 CORPORATE CIR C3 1.725864
33 Eric H Schmidt Llc 1500 CORPORATE CIR C3 0.809350
34 Jns Living Trust Etal 1480 CORPORATE CIR C3 1.194828
35 Dn Kingston Southlake Lp 215 N KIMBALL AVE C3 0.656330
36 Cole Mp Pm Portfolio Llc 200 VILLAGE CENTER DR C3 4.663492
37 Dn Kingston Southlake Lp 125 N KIMBALL AVE C3 1.132708
38 Stagliano, Vincent J Etal 120 N KIMBALL AVE C3 0.385089
480-SSSS Page 12
Owner Property Address Zoning Acreage Response
39 Southridge Lakes Hmowner Assn 1300 W SOUTHLAKE BLVD C3 3.443028
40 Southlake Chamber Of Commerce 1501 CORPORATE CIR C3 0.457864
41 Realtex Ventures Inc 1601 CORPORATE CIR C3 1.356740
42 Realty Income Tx Pro 1 Llc 1400 W SOUTHLAKE BLVD C3 0.969731
43 7330 Fair Oaks Blvd Prt Etal 1600 E SOUTHLAKE BLVD C3 2.358506
44 Jpmorgan Chase Bank 1700 E SOUTHLAKE BLVD C3 2.115068
45 Southlake Food Mart Lp/7-Eleve 2100 E SOUTHLAKE BLVD C3 0.936576
46 Wendys International Inc 2130 E SOUTHLAKE BLVD C3 0.789808
47 Marshall Descendants 2006 Trst 101 N KIMBALL AVE C3 0.922575
48 Southlake Safeco Ltd 1500 W SOUTHLAKE BLVD C3 1.311983
49 Sej Asset Mgt & Investment Co 1600 W SOUTHLAKE BLVD C3 0.993800
50 Eecu 1460 W SOUTHLAKE BLVD C3 0.808936
51 Spc Kimball Oaks Ltd 2245 E SOUTHLAKE BLVD SP1 7.345298
52 Excel Southlake Lp 1035 E SOUTHLAKE BLVD SP1 16.951818
53 Carroll/1709 Ltd 1201 E SOUTHLAKE BLVD SP2 8.673068
54 Weatherford Loan Company 835 E SOUTHLAKE BLVD SP1 4.213954
55 Weatherford Loan Company 829 E SOUTHLAKE BLVD SP1 2.819498
56 Weatherford Loan Company 821 E SOUTHLAKE BLVD SP1 0.550615
57 Chick-Fil-A Inc 2301 E SOUTHLAKE BLVD C3 1.139485
58 Leslie S Wright Liv Tr Etal 2305 E SOUTHLAKE BLVD C3 0.797301
59 2315 E Southlake Center Llc 2315 E SOUTHLAKE BLVD C3 1.720814
60 Coz, Llc 2325 E SOUTHLAKE BLVD C3 0.803504
61 Liu, Jason 1901 W SOUTHLAKE BLVD C3 0.407347
62 Ishan Futures Inc 1957 W SOUTHLAKE BLVD C3 0.809933
63 Entin Family Trust 1959 W SOUTHLAKE BLVD C3 1.173819
64 Yomtoob, Isaac & Shohreh 151 PLAYERS CIR C3 0.659897
65 Jaber Holdings I Llc 2025 W SOUTHLAKE BLVD C3 1.015773 F
66 170 Players Llc 170 PLAYERS CIR C3 0.650542
67 Btr-8 Southlake Llc 2707 E SOUTHLAKE BLVD SP2 5.755308
68 Manchester Properties Llc 3205 E SH 114 C3 1.848099
69 Kc Propco Llc 3115 E SOUTHLAKE BLVD C3 0.898828
70 Chu, Robert Etux Lena 3105 E SOUTHLAKE BLVD C3 0.595890
71 Slm Dunhill Llc 2001 W SOUTHLAKE BLVD C3 2.398736
72 Dlp Ventures 201 PLAYERS CIR C3 0.796200
73 Slm Dunhill Llc 2055 W SOUTHLAKE BLVD C3 0.822261
74 Shamsipour, Farid 220 PLAYERS CIR C3 1.052485 F
75 Southlake Investments Llc 3305 E SH 114 C3 2.080233
76 Vincent, Charles Victor 275 BANK ST C3 1.450430
77 Slm Dunhill Llc 2101 W SOUTHLAKE BLVD C3 9.109812
78 Stampede Properties Lp 250 PLAYERS CIR C3 2.638907
480-SSSS Page 13
Owner Property Address Zoning Acreage Response
79 Groves, Ron D 251 PLAYERS CIR C3 0.983952
80 McDonalds Corp 2155 W SOUTHLAKE BLVD C3 1.103909
81 Tp Southlake Re Llc 3311 E SH 114 C3 2.247803
82 Southlake Campus Inc 301 BANK ST C3 4.986664
83 Walmart Real Estate Bus Trust 2201 W SOUTHLAKE BLVD C3 5.766301
84 Cao-Do Texas Llc 3317 E SH 114 C3 1.539043
85 Star Dunkin'Real Estate Lp 2255 W SOUTHLAKE BLVD C3 0.889618
86 Southlake Crossing Ani Clinic 2320 W SOUTHLAKE BLVD C3 0.635942
87 125 Davis Llc 125 DAVIS BLVD C3 0.848159
88 Slm Dunhill Llc 2225 W SOUTHLAKE BLVD C3 2.625566
89 H2Go Llc 955 DAVIS BLVD C3 2.069927
90 Carroll/1709 Ltd 251 S CARROLL AVE SP2 0.925526
91 Carroll/1709 Ltd 275 S CARROLL AVE SP2 2.427902
92 Carroll/1709 Ltd 1451 E SOUTHLAKE BLVD SP2 8.923520
93 Southlake, City Of 1401 E SOUTHLAKE BLVD SP2 0.778550
94 Carroll/1709 Ltd 1425 E SOUTHLAKE BLVD SP2 7.378420
95 Gateway Church 1301 E KIRKWOOD BLVD NRPUD 0.229911
96 Gateway Church 1501 E HIGHLAND ST NRPUD 22.525880
97 Gateway Church 700 N KIMBALL AVE NRPUD 3.659605
98 Sl/Or Llc 1281 E SH 114 C3 1.123004
99 Liu, Jason & Bennet & Psyche 101 PLAYERS CIR C3 0.302698
100 Dallas Mta Lp 780 W SH 114 NRPUD 4.384165
101 Dallas Mta Lp 790 W SH 114 NRPUD 0.244194
102 Dallas Mta Lp 800 W SH 114 NRPUD 0.078177
103 Eqyinvest Owner II Ltd Llp 2110 E SOUTHLAKE BLVD C3 5.777533
104 Dove 114 Infinity Llc 500 W SH 114 SP2 24.950084
105 Excel Southlake Lp 300 N CARROLL AVE SP1 2.384331
106 Spc Kimball Oaks Ltd 2225 E SOUTHLAKE BLVD SP1 6.541376
107 Costco Wholesale Corp 2601 E SH 114 SP2 15.752893
108 Wyndham Properties Ltd 3001 E SH 114 SP2 32.590065
109 Wyndham Properties Ltd 2801 E SH 114 SP2 1.454388
110 Wyndham Properties Ltd 2821 E SH 114 SP2 1.141539
111 Wyndham Properties Ltd 3010 E SOUTHLAKE BLVD SP2 3.196556
112 Wyndham Properties Ltd 3000 E SOUTHLAKE BLVD SP2 0.969276
113 Inland Western Slake Suntree 110 W SOUTHLAKE BLVD SP2 0.903049
114 Superintendent of Carroll ISD
115 Superintendent of Grapevine Colleyville ISD
116 Superintendent of Northwest ISD
117 Superintendent of Keller ISD
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Responses Received: In Favor: (3) Opposed: (0)
480-SSSS Page 14
ATTACHMENT “D”
480-SSSS Page 15
480-SSSS Page 16
480-SSSS Page 17
ATTACHMENT “E”
ORDINANCE NO. 480-SSSS
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY REVISING PROVISIONS WITHIN SECTION
22 – C-3 GENERAL COMMERCIAL DISTRICT AND ADDING
PROVISIONS TO SECTION 45 – SPECIFIC USE PERMITS;
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 PAMPHLET FORM; 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 Local Government Code; and
WHEREAS,
the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS,
the City Council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents by
amending Ordinance No. 480 as provided herein; and
WHEREAS
, the City Council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
Section 22 of the Zoning Ordinance No. 480, as amended, is hereby amended by revising the
following to subsection 22.5.f.:
22.5 DEVELOPMENT REGULATIONS - In this district, the following development
regulations shall be applicable (As amended by Ordinance No. 480-HH.):
f. Floor Area: The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet. The maximum
480-SSSS Page 18
floor area for a single tenant, owner or business occupancy contained within
any structure existing in this district shall be sixty thousand (60,000) square
feet. Any existing legally conforming single tenant, owner or business
occupancies that exceed sixty thousand (60,000) square feet of floor area in
the C-3 district prior to adoption of this ordinance shall be permitted to
continue operating as legally conforming uses and/or structures.
SECTION 2
Section 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the
following subsections:
45.1 GENERAL PROVISIONS
DISTRICT WHERE
SPECIFIC USE
PERMITTED
49. Single tenant, owner or business occupancy exceeding sixty thousand
C-3
(60,000) square feet
SECTION 3
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
480-SSSS Page 19
SECTION 5
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 6
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 yard regulations 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 7
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 8
The City Secretary of the City of Southlake is hereby directed to post the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) 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
480-SSSS Page 20
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 9
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.
th
PASSED AND APPROVED on the 1st reading the 18 day of August, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
st
PASSED AND APPROVED on the 2nd reading the 1 day of September, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
480-SSSS Page 21