Item 6D CITY OF
S0UTHLA1<,,..E
Department of Planning & Development Services
STAFF REPORT
September 27, 2016
CASE NO: ZA16-071
PROJECT: Zoning Change and Development Plan for Carillon Plaza District
EXECUTIVE
SUMMARY: The City of Southlake is proposing a Zoning Change and Development Plan for
Carillon, Plaza District on property described as Tracts 1, 3A04, 3A04A, 3A05 and
portions of Tracts, 3A, 3A01, and 3A03, Larkin H. Chivers Survey, Abstract No.
300, City of Southlake, Tarrant County, Texas and generally located at the
northeast intersection of E. SH 114 and N. White Chapel Blvd. and bounded by E.
SH 114 on the south, N. White Chapel Blvd. on the west, E. Kirkwood Blvd. on the
north and Riviera Ln. on the east, Southlake, Texas. Current Zoning: "ECZ"
Employment Center Zoning District. Requested Zoning:"ECZ" Employment Center
Zoning District. SPIN Neighborhood #3.
DETAILS: The property is generally located at the northeast intersection of E. S.H. 114 and N.
White Chapel Blvd. and bounded by E. S.H. 114 on the south, N. White Chapel
Blvd. on the west, E. Kirkwood Blvd. on the north and Riviera Ln. on the east.
The purpose of this request is to revise the current development plan and any
associated text of the Carillon "ECZ" zoning booklet in order to remove the
permitted"Hotel"use within the area defined as the"Plaza District"and replace the
use with "Office", "Retail" and/or "Mixed Use" as permitted uses. The revision
affects the following pages in the zoning booklet.
• Introduction - Remove the"Hotel" use from the Plaza District to be replaced
by Retail, Office and/or Mixed Use.
• Page 53 — Remove "Hotel" from the product type in the regulations
regarding setbacks and maximum height.
• Page 58 — Remove "Hotel" conceptual images in the Plaza District.
• Page 99 — Remove "Hotel" in the Development Standards for the Plaza
District.
The City initiated the rezoning at the direction of City Council in the motion for
approval at 1St reading of the Zoning Change and Development Plan for the
Carillon Corporate District(ZA16-029), which proposes a hotel as a permitted use
for the Hotel Indigo. Besides the changes noted above, no other changes the
Carillon"ECZ" District are proposed and all previous conditions of approval remain
in effect.
Case No.
ZA16-071
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider 2nd reading approval of a Zoning Change and Development Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map and Responses
(D) Ordinance No. 480-564c
Link to PowerPoint Presentation
Link to Approved Carillon Zoning Book — Ord. No. 480-564A
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA16-071
BACKGROUND INFORMATION
PROPERTY SITUATION: Generally located at the northeast intersection of E. SH 114 and N. White
Chapel Blvd. and bounded by E. SH 114 on the south, N. White Chapel
Blvd. on the west, E. Kirkwood Blvd. on the north and Riviera Ln. on the
east.
LEGAL DESCRIPTION: Tracts 1, 3A04, 3A04A, 3A05 and portions of Tracts, 3A, 3A01, and 3A03,
Larkin H. Chivers Survey, Abstract No. 300
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: "ECZ"— Employment Center Zoning District
PROPOSED ZONING: "ECZ"— Employment Center Zoning District
HISTORY: - On November 18, 2008 the City Council approved a Zoning Change and
Development Plan from `NR-PUD' Non-Residential Planned Unit
Development and `C-2' Local Retail Commercial District to `ECZ'
Employment Center Zoning District for Carillon under Planning Case ZA08-
031 (Ordinance No. 480-564).
-On April 20, 2010 the City Council approved a Site Plan for the Children's
Medical Center at Southlake under Planning Case ZA10-017.
- On September 4, 2012 the City Council approved a Zoning Change and
Development Plan from `ECZ' Employment Center Zoning District to`ECZ'
Employment Center Zoning District to amend some of the development
regulations for residential development in Carillon concerning Building
Standards and Architectural Controls in the EC Edge Village District and
the EC Neighborhood Chateaux District under Planning Case ZA12-066
(Ordinance No. 480-564a).
PLANNING AND ZONING
COMMISSION ACTION: August 18, 2016; Approved (4-0) subject to the staff report dated August
12, 2016.
CITY COUNCIL ACTION: September 6, 2016; Approved on consent at 1 st reading (7-0).
October 4, 2016; Tabled on consent at 2nd reading to the October 4, 2016
meeting.
STAFF COMMENTS: Due to the limited scope of this request, review comments were not
prepared for this item.
Case No. Attachment A
ZA16-071 Page 1
Vicinity Map
Plaza District
Carillon
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Case No. Attachment B
ZA16-071 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
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1975 N WHITE CHAPEL
1. NR
THRASHER, WESLEY AG BLVD 1.18
1800 N WHITE CHAPEL
2 NR
SHIVERS, FRANCES BIRD EST AG BLVD 1.20
3. HINES SOUTHLAKE LAND LP ECZ 250 E SH 114 3.62 NR
4. HINES SOUTHLAKE LAND LP ECZ 100 E SH 114 5.06 NR
1700 N WHITE CHAPEL
5 NR
ZVONECEK, BRIAN C2 BLVD 1.64
6. HINES SOUTHLAKE LAND LP ECZ 200 E SH 114 1.04 NR
7. HINES SOUTHLAKE LAND LP ECZ 190 E SH 114 1.27 NR
HOPKINS DALLAS PROPERTIES
8. NR
LTD C2 140 W SH 114 0.85
9. HINES SOUTHLAKE LAND LP ECZ 240 E SH 114 0.74 NR
DOMINION SOUTHLAKE
10. NR
PROPERTIES C3 101 E SH 114 0.40
DOMINION SOUTHLAKE
11. NR
PROPERTIES C3 201 E SH 114 0.08
DOMINION SOUTHLAKE 1350 N WHITE CHAPEL
12. NR
PROPERTIES C3 BLVD
13. HORIZON INVESTORS LLC SP2 245 W SH 114 3.59 NR
14. SOUTHLAKE, CITY OF ECZ 100 E KIRKWOOD BLVD 0.63 NR
Case No. Attachment C
ZA16-071 Page 2
1965 N WHITE CHAPEL
15. NR
THRASHER, WESLEY AG BLVD 1.85
16. STEWART, KRISTOPHER ECZ 100 ST.TROPEZ DR 0.39 NR
WINDSOR HOMES
17. NR
CUMBERLAND LLC ECZ 1 104 ST.TROPEZ DR 0.36
MERITAGE HOMES OF TEXAS
18. NR
LLC ECZ 101 ST.TROPEZ DR 0.37
19. SATANI, DHAVAL D ECZ 209 ST.TROPEZ DR 0.36 NR
20. WALKER, ANDREW T ECZ 213 ST.TROPEZ DR 0.36 NR
21. MARINELLI, RODNEY ECZ 301 ST.TROPEZ DR 0.36 NR
22. HUSAIN, ASIF ECZ 1801 RIVIERA LN 0.14 NR
23. HINES-GTIS CARILLON LLC ECZ 1845 RIVIERA LN 0.14 NR
HCA MODEL FUND 2015-8
24. NR
TEXAS LL ECZ 1841 RIVIERA LN 0.12
K HOVNANIAN HOMES DFW
25. NR
LLC ECZ 1837 RIVIERA LN 0.12
26. GUTHRIE,JACQUELINE ECZ 1833 RIVIERA LN 0.12 NR
27. SHEPHERD,JOHN ECZ 1829 RIVIERA LN 0.12 NR
28. SCHOENFELD, STEVE ECZ 1825 RIVIERA LN 0.12 NR
29. LEE, ERVING ECZ 1821 RIVIERA LN 0.12 NR
30. PLIMPTON,THOMAS E ECZ 1817 RIVIERA LN 0.12 NR
31. BENOIT, ROBERT ECZ 1813 RIVIERA LN 0.12 NR
32. FLURY,JANE ECZ 1809 RIVIERA LN 0.13 NR
33. CLARK,JAMES C ECZ 1805 RIVIERA LN 0.13 NR
34. MICHELSEN, ROBIN M ECZ 1800 ST. PHILIP AVE 0.20 NR
35. ALEXANDER,JEFFERY A ECZ 1804 ST. PHILIP AVE 0.20 NR
36. ELIESON,JOHN C ECZ 1808 ST. PHILIP AVE 0.18 NR
37. ALFORD, CARL S ECZ 1812 ST. PHILIP AVE 0.18 NR
38. PATEL, PARESH ECZ 1816 ST. PHILIP AVE 0.18 NR
39. MARTIN, MARGARET ECZ 1820 ST. PHILIP AVE 0.26 NR
40. COURTNEY, DANIEL ECZ 401 MONTE CARLO DR 0.19 NR
1801 N WHITE CHAPEL
41. NR
HINES SOUTHLAKE LAND LP ECZ BLVD 18.50
42. HOUTMAN, DANIELJ ECZ 1717 RIVIERA LN 0.15 NR
43. MATOUSEK,TIMOTHY P ECZ 1713 RIVIERA LN 0.12 NR
44. ELVING, CARL ECZ 1709 RIVIERA LN 0.12 NR
45. CLARK, ROBERT K ECZ 1701 RIVIERA LN 0.17 NR
46. LEE, SANG ECZ 1705 RIVIERA LN 0.12 NR
47. ORTIZ, LOUIS M ECZ 400 PALLADIAN BLVD 0.15 NR
48. HINES SOUTHLAKE LAND LP ECZ 1750 LE MANS LN 0.48 NR
49. BURCH, MIKE J ECZ 1633 RIVIERA LN 0.16 NR
50. ROSS, FREDRICK J ECZ 1629 RIVIERA LN 0.12 NR
51. BERNHARD, ANTHONY ECZ 1625 RIVIERA LN 0.12 NR
52. BIEKER, RON ECZ 1621 RIVIERA LN 0.12 NR
53. MCCAW, NEIL ECZ 1617 RIVIERA LN 0.12 NR
54. RUCCI, COREY ECZ 1613 RIVIERA LN 0.12 NR
55. BOISSEVAIN, DAVID ECZ 1609 RIVIERA LN 0.12 NR
K HOVNANIAN HOMES- DFW
56. NR
LLC ECZ 1601 RIVIERA LN 0.21
Case No. Attachment C
ZA16-071 Page 3
K HOVNANIAN HOMES- DFW
57. NR
LLC ECZ 1605 RIVIERA LN 0.12
58. SOUTHLAKE, CITY OF ECZ 400 E KIRKWOOD BLVD 4.91 NR
K HOVNANIAN HOMES- DFW
59. NR
LLC ECZ 310 MONTPELIER DR 0.17
60. PERRY, RICHARD B ECZ 308 MONTPELIER DR 0.13 NR
61. BRENSINGER, PATRICK ECZ 300 ORLEANS DR 0.48 NR
62. MEISNER,JEFFREY ECZ 401 PALLADIAN BLVD 0.16 NR
63. HINES SOUTHLAKE LAND LP ECZ 1650 LE MANS LN 0.36 NR
64. HINES SOUTHLAKE LAND LP ECZ 300 CARILLON CT 0.15 NR
K HOVNANIAN HOMES-DFW
65. NR
LLC ECZ 300 MONTPELIER DR 0.24
66. PATEL,TEJAL ECZ 304 MONTPELIER DR 0.15 NR
K HOVNANIAN HOMES-DFW
67. NR
LLC ECZ 306 MONTPELIER DR 0.13
68. SAULS, MARIA ECZ 400 MONTPELIER DR 0.36 NR
69. HINES SOUTHLAKE LAND LP ECZ 1700 N CARROLL AVE 20.94 NR
70. HINES SOUTHLAKE LAND LP ECZ 350 ORLEANS DR 0.83 NR
71. HINES SOUTHLAKE LAND LP ECZ 401 E KIRKWOOD BLVD 0.67 NR
SHIVERS FAMILY PTNRSHIP 1900 N WHITE CHAPEL
72. NR
LTD AG BLVD 39.54
F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Fifty-eight (58)
Responses Received within 200': None (0)
Case No. Attachment C
ZA16-071 Page 4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-564c
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 TRACTS 1, 3A04,
3A04A, 3A05 AND PORTIONS OF TRACTS, 3A, 3A01, AND 3A03,
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 35 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "ECZ"
EMPLOYMENT CENTER ZONING DISTRICT TO "ECZ"
EMPLOYMENT CENTER ZONING DISTRICT FOR THE CARILLON
CORPORATE DISTRICT, AS DEPICTED ON THE APPROVED
DEVELOPMENT 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 "ECZ" Employment
Case No. Attachment D
ZA16-071 Page 1
Center Zoning 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 D
ZA16-071 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 Tracts 1, 3A04, 3A04A, 3A05 and portions of Tracts, 3A,
3A01 , and 3A03, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake,
Tarrant County, Texas, being approximately 35 acres, and more fully and
completely described in Exhibit"A"from "ECZ" Employment Center Zoning District,
Case No. Attachment D
ZA16-071 Page 3
to "ECZ" Employment Center Zoning District for the Carillon Corporate District as
depicted on the approved Development Plan attached hereto and incorporated
herein as Exhibit "B," and subject to the following conditions:
1 .
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 forthe 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.
Case No. Attachment D
ZA16-071 Page 4
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.
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.
Case No. Attachment D
ZA16-071 Page 5
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.
PASSED AND APPROVED on the 1St reading the 6t" day of September, 2016.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2016.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment D
ZA16-071 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment D
ZA16-071 Page 7
EXHIBIT "A"
Being described as Tracts 1 , 3A04, 3A04A, 3A05 and portions of Tracts, 3A, 3A01 , and 3A03,
Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas, being
approximately 35 acres, and more fully and completely described below:
Reserved for metes and bounds description
Case No. Attachment D
ZA16-071 Page 8
EXHIBIT "B"
Reserved for Approved Development Plan
Case No. Attachment D
ZA16-071 Page 9