Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
August 25, 2015
CASE NO:ZA15-065
PROJECT:Zoning Change and Site Plan for Falcon Holdings of Southlake
EXECUTIVE
SUMMARY:
On behalf of Falcon Holdings, Pacheco Koch Consulting Engineers are requesting
approval of a Zoning Change and Site Plan for Falcon Holdings of Southlake on
property described as Tract 4C2A, Absolom H. Chivers Survey, Abstract No. 299,
City of Southlake, Tarrant County, Texas, and located at 500 E. State Hwy. 114,
Southlake, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “S-
P-1” Detailed Site Plan District. SPIN Neighborhood #3.
DETAILS:
The applicant is requesting approval of a Zoning Change and Site Plan for Falcon
Holdings of Southlake from “AG” Agricultural District to “S-P-1” Detailed Site Plan
District to develop a three-story office building with approximately 20,000 square
feet of floor area on approximately 2.32 acres. The proposed permitted uses include
all uses allowed in the O-1 Office District zoning plus limited “C-2” Local Retail
Commercial uses to allow health service facilities as specified.
A chart comparing the proposed S-P-1 regulations to the O-1 Office District zoning
regulations is below:
RequirementO-1 Office DistrictS-P-1 Regulation
Max. Height 2 ½ Stories & 35’3 Stories and 46’
1 space per 150 s.f. 1 space per 210 s.f.
medical office medical office
Parking
1 space per 300 s.f. 1 space per 300 s.f.
general office general office
East bufferyard5’ Type A No bufferyard required
8’ multi-use trail as shown
Sidewalks and 8’ multi-use trail
along SH 114 stopping at creek (see
Trailsalong SH 114
st
1 reading motion at City Council)
VARIANCE
REQUESTED:
1. Driveway Ordinance No. 634, Section 5.2.d requires a minimum driveway stacking
depth of 75’. The applicant is requesting a variance to allow a stacking
depth of approximately 45’.
2. Masonry Ordinance No. 557, as amended, requires all buildings constructed
in the O-1 Office District to have all exterior walls constructed using a
masonry material covering at least 80% of said walls excluding windows
and doors. The applicant is requesting a variance to allow 100% of an
accent wall on the southwest elevation to be covered with a metal material.
Case No.
ZA15-065
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The chart below summarizes City Council’s requests at 1 reading for additional
nd
information to be provided by the applicant at 2 reading:
City Council stipulation Applicant’s response
Replace the ash trees along SH 114 A revised landscape plan will be
with evergreen trees. presented at the meeting.
nd
Be prepared at 2 reading to discuss The applicant has revised the S-P-1
those uses that the applicant wishes regulations to limit C-2 uses (See
to have considered. Attachment “C” of this report).
nd
Provide alternative renderings at 2 Alternative elevations of the CMU wall
reading with regards to the CMU wall. will be presented at the meeting.
ACTION NEEDED:1) Conduct a public hearing
nd
2) Consider 2 reading approval of a Zoning Change and Site Plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
Site Plan Review Summary No. 4, dated August 25, 2015
(D)
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-699
for Commission and Council members only
(G) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA15-065
BACKGROUND INFORMATION
OWNER:
Falcon Holdings
APPLICANT:
Pacheco Koch Consulting Engineers
PROPERTY SITUATION:
500 E. State Hwy. 114
LEGAL DESCRIPTION:
Tract 4C2A, Absolom H. Chivers Survey, Abstract No. 299
LAND USE CATEGORY:
Mixed Use and 100-year Floodplain
CURRENT ZONING:
“AG” – Agriculture District
PROPOSED ZONING:
“S-P-1” - Detailed Site Plan District
HISTORY:
- The propertywas annexed into the City in 1957 and given the “AG”
Agricultural District zoning designation.
- There is no development history on the property.
SOUTHLAKE 2030 PLAN:
Consolidated Future Land Use Plan
The future land use designations for the site are Mixed Use for the west
portion of the site and 100-Year Floodplain for the remainder of the site.
The purpose of the Mixed Use designation is to provide an option for large-
scale, master-planned, mixed use developments that combine land uses
such as office facilities, shopping, dining, parks, and residential uses.
The range of activities permitted, the diverse natural features, and the
Mixed Use
varying proximity to thoroughfares of areas in the category
necessitates comprehensively planned and coordinated development. New
development must be compatible with and not intrusive to existing
development. Further, special attention should be placed on the design and
transition between different uses.
Mixed Use
Typically, the designation is intended for medium- to higher
intensity office buildings, hotels, commercial activities, retail centers, and
residential uses. Nuisance-free, wholly enclosed light manufacturing and
assembly uses that have no outdoor storage are permitted if designed to be
compatible with adjacent uses. Other suitable activities are those permitted
Public Parks/Open Space, Public/Semi-Public, Low Density
in the
Residential, Medium Density Residential, Retail Commercial, Office
and
Commercial
categories.
Floodplain
The category illustrates areas designated by the August 1995
Federal Emergency Management Agency (FEMA) maps as being in the
100-year floodplain. The “floodplain” is an expanse of natural vegetation and
wildlife, and should be preserved as natural open area. Within the floodplain
is “floodway” that must be kept free of encroachment in order that the 100-
year flood may be carried without harmful increases in the height of flood
waters. Although it is not to be encouraged, the portion of the floodplain not
in the floodway may be reclaimed for development under certain
circumstances if in accordance with FEMA regulations. The designated land
Case No. Attachment A
ZA15-065 Page 1
use for areas of reclaimed floodplain is that of the immediately adjacent
land use category. This designation may also include environmentally
sensitive areas, habitats, or wetlands that may not be in FEMA identified
floodplains.
In addition to the Future Land Use Plan Designations, the site also has the
EC-1, Employment Center 1, designation on the Optional Land Use Map.
For optimal development opportunities, properties in the EC-1 land use
category should have a minimum contiguous frontage of 1,200 feet. The
proposed site has approximately 553 feet of frontage along E. S.H. 114.
Mobility & Master Thoroughfare Plan
The Mobility and Master Thoroughfare Plan shows E. S.H. 114 to be a
variable width freeway. Adequate right of way is shown on the Site Plan.
Pathways Master Plan & Sidewalk Plan
The Pathways Master Plan and Sidewalk Plan shows an 8’ multi-use trail
along the E. S.H. 114 frontage road and an 8’ multi-use trail is shown on the
Site Plan extending from the west property line to the creek.
Major Corridors Urban Design Plan
The following recommendations pertain to private development along S.H.
114:
Preserve existing natural view corridors where appropriate.
Specifically, tree stands along the highway should be preserved
when they terminate views from the highway.
In order to maximize regional access and limit the impact of strip
retail development, retail and restaurant development should be
concentrated at interchanges in 1-2 story buildings with higher
intensity office and institutional uses at mid-block locations.
Establish appropriate scale and bulk standards for buildings along
the highway, specifically at mid-block locations. Buildings should be
4 – 6 stories tall and step down as they move away from the
highway corridor. Buildings over three stories should be articulated
along the first three floors. Materials on the lower floors should be
brick, stone or other approved masonry. Low-profile, single story
pad buildings that tend to blend into the background and have
limited visibility from the highway are discouraged.
All windows on buildings should be vertically oriented and be
articulated with a 4-inch reveal to avoid solid, flat walls, and to
create shadow lines and surface texture. Glass curtain walls and
facades with more than 60% glass along any elevation shall be
discouraged. Along retail store fronts, 1’ – 2’ high knee walls shall
limit the amount of glass along each façade visible from public
streets.
The view of surface parking from the highway should be limited.
Surface parking lots should be designed to be in smaller pods (no
more than 200 parking spaces) with increased landscaping and
pedestrian accessways.
Case No. Attachment A
ZA15-065 Page 2
TRANSPORTATION
ASSESSMENT:
Area Road Network and Conditions
The proposed development will have access onto the E. S.H. 114 frontage
road.
E. S.H. 114 Frontage Rd. (008W)
(between E. Highland St. and Southmont Dr.)
24hr
West Bound (1913)
AM Peak AM (151) 7:30 – 8:30 AM
Peak PM (255) 4:45 – 5:45 PM
PM
Based on the 2015 City of Southlake Traffic Count Report
*
Traffic Impact
AM-PM-
Use Area Vtpd* AM-IN PM-IN
OUT OUT
Medical Office 10,000 s.f. 361 24 12 18 27
General Office 10,000 s.f. 110 14 2 3 12
Total 20,000 s.f. 471 38 14 21 39
Vehicle Trips Per Day
*
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
th
* Based on the ITE: Trip Generation Manual, 7 Edition
TREE PRESERVATION:
There is approximately 11.60% tree cover on this site. The plan is showing
to preserve 7.83% of the existing canopy on the plan. The “S-P-1” zoning
district does not require the applicant to preserve any minimum amount of
trees but rather makes their tree preservation plan subject to City Council
approval. The minimum percentage required to be preserved if this was a
straight zoning case is 70%.
UTILITIES:
The utility plan shows water connections to the existing 12” water line in E.
S.H. 114 and a sewer connection to the existing 8” sewer line to the north.
CITIZEN INPUT:
A SPIN meeting is scheduled for September 8, 2015.
PLANNING AND ZONING
COMMISSION ACTION:
August 6, 2015; Approved (-1) specifically approving the two variances
requested with regard to the Driveway Ordinance and the stacking depth
and with regard to the Masonry Ordinance, specifically noting that the
approval is subject to Site Plan Review Summary No. 2, dated July 31,
2015 and the staff report dated July 31, 2015, noting the applicant’s
willingness to connect the sidewalk on the west end of the property in lieu of
an extension on the east end and also noting the applicant’s willingness to
discuss a future extension of a pedestrian bridge across the east side of the
property.
st
CITY COUNCIL ACTION:
August 18, 2015; Approved at 1 reading (7-0) subject to the staff report
dated August 10, 2015 and Site Plan Review Summary No. 3, dated August
10, 2015 granting the following variances: allowing a stacking depth of
approximately 45’ rather than the 75’ required by ordinance and allowing
100% of the accent wall on the southwest elevation to be covered with a
metal material rather than covering 80% with masonry, noting the
applicant’s willingness to connect the sidewalk on the west end of the
property in lieu of an extension on the east end, noting the applicant’s
Case No. Attachment A
ZA15-065 Page 3
willingness to discuss a future extension of a pedestrian bridge across the
east side of the property, noting the applicant’s agreement to eliminate all
nd
retail uses and their agreement to be prepared at 2 reading to discuss
those uses that they wish to have considered and noting the applicant’s
nd
agreement to provide alternative renderings at 2 reading with regards to
the CMU wall.
STAFF COMMENTS
: Attached is Site Plan Review Summary No. 4, dated August 25, 2015.
Case No. Attachment A
ZA15-065 Page 4
Case No. Attachment B
ZA15-065 Page 1
Plans and Support Information
Narrative Letter and S-P-1 Regulations
Case No. Attachment C
ZA15-065 Page 1
Case No. Attachment D
ZA15-065 Page 1
SITE PLAN
Case No. Attachment D
ZA15-065 Page 2
SITE PLAN REVIEW SUMMARY
ZA15-065Four08/25/15
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Falcon Holdings of Southlake
APPLICANT: Javier Jaramillo OWNER: David A. Fabian
Pacheco Koch Falcon Holdings
8350 N. Central Expy. Suite 1000 7 Village Circle #300
Dallas, TX 75206 Westlake, TX 76262
Phone: (972) 235-3031 Phone: (817) 693-5120
E-mail: E-mail: dfabian@falconholdings.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/23/2015 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
RICHARD SCHELL AT (817) 748-8602.
1. Label the adjacent properties and properties across adjoining rights of way with owner's name,
existing zoning, and land use map designation ("L.U.D.=_____"). Please add the land use
designation and zoning to the Children’s Medical Center lot “LUD = Mixed Use” and Zoning =
ECZ”.
2. Provide a detail of the proposed retaining wall and label the materials to be used.
3. Please make the following changes with regard to bufferyards:
a. Correct the bufferyard and interior landscape calculation charts on the Site Plan to
match the charts on the Landscape Plan.
i.
4. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as
amended). The following changes are needed:
a. The driveway does not meet the minimum required stacking depth of 75’.
Approximately 45’ of stacking is provided. The applicant is requesting a variance to
allow 45’ of stacking depth.
5. An 8’ multi-use trail is required along the entire property line adjacent to SH 114. An S-P-1
regulation has been added to allow the multi-use trail as shown. Please also provide a
st
connection to the 8’ multi-use trail to the north and/or west (See Council motion at 1 reading
on August 18, 2015).
6. Show any intended lighting. All lighting must comply with the Lighting Ordinance No. 693, as
amended with regard to type of lighting, intensity, glare and spill-over.
7. Please make the following changes regarding elevations and articulation:
a. All elevations meet the 80% masonry requirement except for the metal wall on the
southwest elevation that sticks through the CMU wall. It will count as a separate wall
that is 100% metal, so a masonry variance is required to allow it. A variance request
has been added.
Case No. Attachment E
ZA15-065 Page 1
b. Staff recommends providing a material sample board of all façade materials.
8. 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. Please ensure that
all screening required to fully screen all mechanical equipment, including HVAC, etc. and
satellite dishes is shown on the elevations.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
E-mail: kmartin@ci.southlake.tx.us
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
1. The Tree Conservation Plan shows that 11.60% of tree cover exists on the site and approximately
7.83% of that cover is shown to be preserved. Council will review the Tree Conservation Plan
based on the criteria in the informational comment below. For reference, 70% of existing tree cover
would be required to be preserved if this was a straight zoning case.
* For property sought to be zoned for the Downtown zoning district or a planned development zoning
district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit
Development, or Employment Center zoning district, the City Council shall consider the application
for a Conservation Analysis or Plan in conjunction with the corresponding development application
(as established in Table 1.0). The Planning and Zoning Commission shall review the application
and make a recommendation to the City Council regarding the application. The City Council shall
approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so as
to maximize the preservation of environmental features of the property including mature
tree stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential
areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
v. maximizes the preservation of existing protected trees along rural roadways and other
streets as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
* 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
Case No. Attachment E
ZA15-065 Page 2
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 AND BUFFERYARDS COMMENTS:
1. Use the Interior Landscape Summary Chart on the Landscape Plan on the Site Plan.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Construction within SH 114 right of way shall require a permit from TxDOT. Submit permit
application prior to site plan approval.
3. Label the distances to the nearest drives or street intersections in both directions from the
proposed drive.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Sidewalk widths shall conform to the Southlake Pathways Plan.
* Use the City of Southlake GPS monuments whenever possible. Monument locations can be
found in the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’
minimum and located on one lot – not centered on the property line. A 20’ easement is required if
both storm sewer and sanitary sewer will be located within the easement.
WATER COMMENTS:
2. Minimum size for water lines is 8”.
3. All water line stubs must have 2 joints past the valve with a 2” blow-off per the City’s
Case No. Attachment E
ZA15-065 Page 3
Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non-
sprinkled buildings or 600’ for sprinkled buildings.
* Water lines cannot cross property lines without being in an easement or right of way.
* The size of the water service tap must match the size of the meter. There are no reducers
allowed before the meter on the public side. A one inch meter must have a one inch tap, etc.
* Water meters and fire hydrants shall be located in an easement or right of way.
* Fire lines shall be separate from service lines.
SANITARY SEWER COMMENTS:
4. Clearly label all public and private sanitary sewer lines.
* Sanitary sewer in easements or right of way shall be constructed to City standards.
DRAINAGE COMMENTS:
1. Limits of 100- year floodplain shall be shown and contained within a dedicated drainage easement.
2. Documentation supporting and certifying that detention is not necessary will be required prior to
approval of construction plans.
* Property drains into a Critical Drainage Structure #13 and requires a fee to be paid prior to
beginning construction ($371.20/Acre).
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to
the Public Works Administration Department for review. Please allow 15 business days for
review. The plans shall conform to the most recent construction plan checklist, standard details
and general notes which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines
pre-construction, construction and post-construction erosion control measures.
* Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH
114. Permit approval is required before beginning construction. Submit application and plans
directly to TxDOT for review.
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved by
the City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be acceptable to Public Works prior to placing the Developer’s Agreement
on the City Council agenda for consideration.
Case No. Attachment E
ZA15-065 Page 4
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
Community Service/Parks Department Review
Peter Kao
Construction Manager
817-748-8607
pkao@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting
fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for
further details.
Land/park dedication requirements:
Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of
park land for every fifty (50) non-residential gross acres of development.
If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in
the amount of $2400 per gross acre x 2.32 acres= $5568.00 will be required. Fees will be collected with
the approved developer’s agreement or prior to any permit being issued.
Pathway Comments:
Make connection to existing sidewalks adjacent to the property. Pathway should extend across the
drainage easement.
Provide pathways consistent with the Southlake Master Pathways Plan. Provide pedestrian access from
each building to the Trail System or sidewalk connections and between buildings. Sidewalks must meet all
State of Texas accessibility requirements.
General Informational Comments
* Staff strongly recommends contacting Pilar Schank in the City Manager’s Office to schedule a
SPIN meeting. Pilar can be contacted by phone at (817) 748-8006 or by e-mail at
pschank@ci.southlake.tx.us.
Case No. Attachment E
ZA15-065 Page 5
* 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.
65
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479.
* 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 a 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.
* TxDOT approval is required for the driveway on S.H. 114.
* Denotes Informational Comment
Case No. Attachment E
ZA15-065 Page 6
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Falcon Holdings of Southlake
SPO # Owner Zoning Property Address Acreage Response
1. Children's Medical Center ECZ 470 E SH 114 9.80 NR
2.
NR
Onsom Llc SP1 630 E SH 114 1.30
3. D/Fw-Hwy 114/Highlands Ltd SP2 700 E SH 114 6.39 NR
4. Chang, Chin J Etal AG 500 E SH 114 2.48 NR
5. D/Fw-Hwy 114/Highlands SP2 600 E SH 114 2.34 NR
6. Southlake, City Of ECZ 480 E SH 114 7.51 NR
F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Six (6)
Responses Received:
None (0)
Case No. Attachment F
ZA15-065 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-699
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 DESCRIBED AS
TRACT 4C2A, ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO.
299, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND
LOCATED AT 500 E. STATE HWY. 114, SOUTHLAKE, TEXAS,
BEING APPROXIMATELY 2.32 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT 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 “AG” Agricultural
Case No. Attachment G
ZA15-065 Page 1
District 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
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
Case No. Attachment G
ZA15-065 Page 2
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:
Being described as Tract 4C2A, Absolom H. Chivers Survey, Abstract No. 299,
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City of Southlake, Tarrant County, Texas, and located at 500 E. State Hwy. 114,
Southlake, Texas, being approximately 2.32 acres, and more fully and completely
described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan
District as depicted on the approved Site Plan attached hereto and incorporated
herein as Exhibit “B,” and subject to the following conditions:
st
City Council motion at 1 reading:
st
August 18, 2015; Approved at 1 reading (7-0) subject to the staff report dated
August 10, 2015 and Site Plan Review Summary No. 3, dated August 10, 2015
granting the following variances: allowing a stacking depth of approximately 45’
rather than the 75’ required by ordinance and allowing 100% of the accent wall on
the southwest elevation to be covered with a metal material rather than covering
80% with masonry, noting the applicant’s willingness to connect the sidewalk on
the west end of the property in lieu of an extension on the east end, noting the
applicant’s willingness to discuss a future extension of a pedestrian bridge across
the east side of the property, noting the applicant’s agreement to eliminate all
nd
retail uses and their agreement to be prepared at 2 reading to discuss those
uses that they wish to have considered and noting the applicant’s agreement to
nd
provide alternative renderings at 2 reading with regards to the CMU wall
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
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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,
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.
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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 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 it 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.
stth
PASSED AND APPROVED on the 1 reading the 18 day of August, 2015.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
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nd
PASSED AND APPROVED on the 2 reading the _____day of ______, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as Tract 4C2A, Absolom H. Chivers Survey, Abstract No. 299, City of
Southlake, Tarrant County, Texas, and located at 500 E. State Hwy. 114, Southlake, Texas,
being approximately 2.32 acres, and more fully and completely described below:
Reserved for metes and bounds description
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EXHIBIT “B”
Reserved approved plans
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