480-521 Ordinance
OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-521
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, BLOCK A, RAVENEAUX VILLAGE
ADDITION AND TRACT 6J OF THE T.M. HOOD SURVEY
ABSTRACT NO. 706 AND MORE COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM"AG" AGRICULTURAL DISTRICT AND "C-
1" NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-l"
DETAILED SITE PLAN DISTRICT, WITH LIMITED "C-3"
GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON
THE APPROVED SITE PLAN A TT ACHED 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 district
Case No.
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Ordinance No. 480-521
Page 1
and "C-1" neighborhood commercial 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 ad 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 rights of those who bought or
improved property with reference to the classification which existed at the time their original investment
Case No.
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Ordinance No. 480-521
Page 2
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 Lot 1, Block A, Ravenaux Village and Tract 6J, T.M. Hood Survey, Abstract No.
706 and being approximately 6.22 acres, and more completely described in Exhibit "A"
from "AG" agricultural district and "C-l" neighborhood commercial district to "S-P-
I" detailed site plan district, with limited "C-3" general commercial district uses as
depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B"
and with the following conditions:
Case No.
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Ordinance No. 480-521
Page 3
6)
7)
8)
Case No.
ZA07-005
1)
Granting variances to driveway stacking (comment 2a) and driveway spacing (comment
2b) allowing the right-in right-out driveway on N. White Chapel with the condition that
they work with staff to insure that the design restricts any left-out movement and extending
the median south of the White Chapel Driveway;
2)
Requiring brick pilasters and wainscot along the west fac;ade of Building A
3)
Eliminating the "C-3" uses as specified in the applicant's letter dated April 25, 2007 and
more specifically as follows:
a) Auditoriums, theaters and cinemas
b) Commercial amusement centers and bowling alleys where the activity is for indoor
operations and activities only, including indoor driving ranges and indoor miniature
golf courses.
c) Conventional golf courses, including outdoor driving ranges accessory thereto, but
excluding outdoor miniature golf courses.
d) Lodges, sororities and/or fraternities
e) Medical care facilities to include nursing and care homes, hospitals with their
related facilities and supportive retail and personal service uses operated by or
under the control of the hospital primarily for the convenience of patients, staff and
visitors.
f) Mortuaries, funeral homes and undertakers.
g) Nursery buildings for the retail sale of plants and accessory items where the sales
operations are conducted entirely within an enclosed structure. Outdoor storage or
sale shall be permitted with this use to the extent that the outdoor sales area is
completely enclosed by a fence, wall or screening device.
h) Skating rinks, ice and roller (indoor only).
i) Taverns, clubs, and other comparable establishments under which the on-premises
consumption of alcoholic beverages is permitted subject to issuance of a special use
permit as required in Section 45 of this ordinance. The mere reference to this
provision within the zoning ordinance does not indicate or imply that the sale or
consumption of alcoholic beverages has been or will be permitted under the
alcoholic beverage laws of the State of Texas. It is only intended to define a
location for this type of use if its existence should be permitted by state law.
j) And removing the request for gasoline sales and hotels as permitted uses.
k) Noting applicant's agreement to limit the uses of cleaning, dying, pressing works,
laundry, and washeterias, and everything in that category to the "C-2" regulations
in size and restrictions as well as limiting dry goods, notion stores, and variety
stores to "C-2" regulations in size and restrictions;
Requiring color palette to be similar to what was presented;
Requiring applicant to review monument signs with the intent to have less percentage of
signage on the monument face (Note: all signs require approval of a separate sign permit
and where any variance or conditional permit apply, specific approval by the City
Council);
Allowing only the cornices and accents to have any synthetic stucco;
Requiring the detention area to have stained concrete;
Requiring the trees in the detention area to be a minimum of 5 to 6 inches caliper to be an
effective screening at the time of planting;
4)
5)
Ordinance No. 480-521
Page 4
9) Requiring applicant to increase the berm along S.H.114 to a minimum of 3 feet in height;
10) Provide angled parking and fewer parking spaces between buildings a and b;
11) Applicant to put in median along White Chapel Boulevard if it hasn't already been placed
prior to the issuance of a C.O. and subject to the approval of the city engineer;
12) Subject to the applicant's presentation and renderings shown this evening;
13) Regarding the knee walls, accepting the applicant's agreement to a minimum of75% of the
total glass store front including doors with the knee walls being a minimum of 24" in
height and will be varied in masonry between stone and brick;
14) Applicant to provide language regarding the the fireplace amenity feature that will obligate
the tenant of that space to certain operational hours and maintenance as outlined in their
July 31lerter and will include similar language to cover the waterfall feature on White
Chapel Boulevard;
15) Staff will verify the plants on the landscaping plan and applicant has agreed to provide a
full screen behind Building A with minimum 4-inch caliper (upon planting) live oaks in
lieu of the crape myrtles currently shown on the landscape plan;
16) Accepting applicant's agreement to place all the utilities underground along S. H. 114 and
White Chapel Boulevard;
17) Requiring canopy trees on end caps as shown on renderings.
18) Subject to the Site Plan Review Summary No.6, dated August 1,2007 included as
EXHIBIT "c" of this document
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
Case No.
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Ordinance No. 480-521
Page 5
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.
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
Case No.
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Ordinance No. 480-521
Page 6
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 ofthis ordinance, and ifthis 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 l.l.ttL day of 39
,2007.
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PASSED AND APPROVED on the 2nd reading the '7th day of ~:'2007~
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Case No.
ZA07 -005
Ordinance No. 480-521
Page 7
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY ./ '
DATE:~- ('5 {ltfO
ADOPTED: ~..-1-01
EFFECTIVE: g"-l D - 01
Case No.
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Ordinance No. 480-521
Page 8
EXHIBIT "A"
Lot 1, Block A, Ravenaux Village & Tract 6J, T.M. Hood Survey, Abstract No. 706 and being
approximately 6.22 acres more particularly described as follows:
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SURVEY OF J.m I, llUX:K h. llAVOlMlX VILLllGE AlJOITION ro THE CITY OF ~,
TI\.llRANT cotlN't'i'. TEXAS, ACCORDINJ TO THE PlAT RECORDED IN VOllllE 388-2\3, PAGP. .11.
PL'\'l' REroBDS, 'l'A.llRl\N'l' cotmY, TEXAS, l\Nl') AN ANO!I\\IlIi:: TRACT IN THE 'l' .H.HOOD SURVEY
A 706, TAJlR1.NT CCONTY, TEXAS.
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Planning Lisp'l
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by the 100 yu<1I<>>\\ pial... Zc<le X.
Case No.
ZA07 -005
Ordinance No. 480-521
Page 9
EXHIBIT "A"
f! [1. 'D WOTES
BEIf~G LOT 1, BLOCK A, OF RAVENAUX VILLAGE, AN "'DO 1'1'10 II 70 TffE CITY
Of SOU'l"lfLAKE, Tl\RRIINT COUNTY, TEXAS, ACCORDING TO THE PL1\T THEREOF
RECORDED IN VOLOME 386-113, PAGE 31, PLAT RECo~nS, TARRANT COUNTY,
TEXAS. AND A POllTIOH O'f A. TRACT DESClnSED IN ^ DEED TO DAVID C - Ii1\RDY
rl'H;STEE, OF RECORD IN VOLUME '1866, 'I'1\OE 311, DtED RECORIlS. TARRANT
COUNTY, TEXAS. IN T>>E T.M. HOOD SURYtY ABSTRACT NO. 106, SAID LOT AND
TRACT BEIWG CONTIGUOUS.ARE CONSIDERED HERElN AS ONE TRACT AND BEING
HORt PAR'J'I CULJ\lU.Y DESC"RletD BY METES AND BOUNDS AS FOLLOWS.
3EC HfN 1 NO
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"(,HENCE
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at a 1/2" 1ron found at the southwest corner of Lot
" Block A, above referenced, an:! the $out!;v;:st cotner
of the herein described tr~ct;
N. 230_57'-12" N. 180.59 feet along the westerly line
oC said Lot I, and the easterly line of Lot 2. BlOc~ A
of said Ravenaux Village to a 1/2" iron found at the
northW&st corner of said Lot 1;
N. OOD-59'-OO"E. 428.47 feet along the easterly line of
said Lot 2, and continuing to a 5/8" iron set in the
sO\lchvescerly line of scate Hi<Jhvay No. 11'1;
South..asterly wIth cne said southvestetly line, being
a curve to the left having a radius of 5749.50 feet, and
whose long chord bears S. 590-46'-02" E. 651.26 feet, e
distance of 651.61 feet to a TxDot monument found;
S. Jlo-Z8'-56"t. 51.06 feet continuing along said
southwesterly line to a Txpot monument found.
S. 000-ll'-46"W. 72_57 feet along the Telocated vest
line Of Whit-e Chapel Blvd. to a TxDot l1\OnUllleht fpund
at its intersection witn the no~th line of Lot 1, aleck
A, above rererenced;
S. 88o-ZS'-57"E. 9.21 feet along the north llne Of said
Lot I. Blook A. to a 5/S" iren set- for the northeast
oorner of same.
S. 000-11'-51" W. 200.00 feet alon the east line of sat
Lot L being the west line of White Chapel Blvd. to a S $"
1ron set at the southeast cornet' of same ill the nortl1 I ne OE
Ravenaux Dt'lvIH
N. !l9o-4S'-09" W. 293.44 feet alony the south line of said
Lot \, Block A. to a 1/2" iron found in same at the PC DE
a curve to the left having a radiUS of 462.&7 feet, and
vhose long chord bears s. 7So-Q7'-20.W. 201.95 feet,
vith the arc of seid curve a distance of 203.45 feet to
the POI~T OF stGINNING, and containing 27132) +/- square
feet z 5.229 acres.
Received
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JAM 0 2 2007
Plannin~! t},:::ni.
ZA07-005
WAR'D SURVEYING
CO., INC.
'.0.&01< 1:102.13
loti ;:::~i:i~n::~ ~~"f2.u
Case No.
ZA07 -005
Ordinance No. 480-521
Page 10
EXHIBIT "B"
Revised "S-P-l" Zoning District
Foster McDonald, PLLC
Attorneys at Law
8117 Preston Road
Suite 4-95
Dallas, Texas 75225
Fax: (214-) 363-9551
Marik D. Foster (214-) 363-9599
marlk@mdfoster.com
Brenda N. McDonald (214-) 363-0600
marlk@mdfoster.com
brendamcdonald@verizon.net
brendamcdonald@verizon.net
April 25, 2007
Mr. Dennis Killough
Senior Planner
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: ZA07-005 Chapel Crossing Shopping Center
Dear Mr. Killough,
I am writing to confirm the representations made at the April 19th Planning & Zoning Commission
meeting in the above referenced zoning case. The applicant hereby removes the following uses contained
in Section 22.2 of the Zoning Ordinance from its rezoning request:
(2) Auditoriums, theaters and cinemas
(5) Commercial amusement centers and bowling alleys where the activity is for indoor operations and
activities only, including indoor driving ranges and indoor miniature golf courses
(7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding
outdoor miniature golf courses
(16) Lodges, sororities and/or fraternities
(18) Mortuaries, funeral homes and undertakers
(20) Nursery buildings for the retail sale of plants and accessory items where the sales operations are
conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this
use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening
device
(26) Skating rinks, ice and roller (indoor only)
Case No.
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Ordinance No. 480-521
Page 11
(27) Taverns, clubs, and other comparable establishments under which the on-premises consumption of
alcoholic beverages is permitted subject to the issuance of a special use permit as required in Section
45 ofthis ordinance
In addition, the applicant withdraws its request for hotel and gas sales uses on the property.
By separate delivery, we are submitting a revised site plan that relocates the White Chapel
driveway to the south and includes a deceleration lane approaching the driveway. The revised site plan
also increases the stacking distance on the two drives located on Countryside Court. The site plan
revisions are based on extensive discussions with Innovative Transportation Solutions, our traffic
engineering consultant, who will be present at the May 3rd meeting to discuss these issues in more detail.
Lastly, we are submitting a revised Traffic Impact Analysis.
Please contact me immediately if you need to discuss any aspect of this case. I am out of town but
am available at any time by email or by phone ~972) 978-9866. Thanks in advance for your efforts to
bring this back before the Commission on May 3 r .
With kind regards,
Brenda N. McDonald
cc: Mark Hardaway
Case No.
ZA07 -005
Ordinance No. 480-521
Page 12
Case No.
ZA07-005
Originally Proposed "S-P-l" Zoning
CHAPEL CROSSING
Proposed Permitted Uses aDd Developmcnt Regubtoons for "S-P-2" Zoning
Permitted Uses
This property shall be limited to the permitted uses as found in the current "C~3" General
Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No.
480.
~~~ lbe'':($3'' tiSes,iiotdll:ll{)tet-~imd cOl1'/amtl!ige S~ 1....ith g.a:J sates ',....ill aha be a
~tt~dllS4: oAtheprG~,
DeveloDmeot Re~lations
The property shall be subject to the development regulations for the "e-:)" General Commercial
District and all other applicable regulations ,villi the following exceptions:
I Due to the irregular sbape of the site, the placement of a driveway to White Chapel cannot
comply with driveway ordinance requirements, The proposed driveway has been located
approximately midway between State Highwa.y 114 and Countryside Court A variance from the
spacing requirement is therefore requested as well as a variance from the stacking depth
requirement
2.. A service driveway to Countryside Court is proposed near the existing driveway for
Countryside Bible Church. The distance between the driveways does not comply with the
driveway ordinance, therefore a variance is requested. m addition, a variance is requested. fQr the
stacking depth of each driveway at C(luutryside Court.
3. Finally. It variance from the required parkJng standards is requested. The site plan proposes
parking at a ratio of 5 spaces per 1,000 Sf regardless of use (222 spaces). The number of spaces
actually provided exceeds the proposed ratio by 57 spaces or 26% (279 total spaces). This
flexibility w'Ould provide adequate parking for a wide varict)' oftemmts.
Z A 0 1- 0 0 5
ri=R 1 t 2007
Ordinance No. 480-521
Page 13
ORACLE ENGINEERING
7012 Lindsley Avenue
Dallas, Texas 75223
Phone: (214) 321-1436
Fax: (214) 853-9381
August 1, 2007
Mr. Dennis Killough, AICP
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, TX 76092
Re: Chapel Crossing
Dear Dennis:
Enclosed please find the revised siteplan and elevations per the City Council's latest comments. We
acknowledge the minor comments made by the Council, but have not resubmitted all of the effected
plans. We would like to resubmit these changes with any additional comments after the second reading
for stamping of the approved plans by staff. Below is a summary of the conditions of the first reading
approval and our responses highlighted in blue
1. Use of brick/concrete pavers within the parking lot and driveway areas as shown in the
presentation (provided on the revised siteplan)
2. Limit wide expanses of windows makes it look like a strip shopping center - create a knee wall -
establish 50% of the horizontal length of the windows to be knee wall (provided by note on the
revised elevations)
3. Signs - more in line with what is being recommended in the UD study; limit signage on the
monument (50% of the surface area); architectural element - should not be entirely a sign
(provided on the revised elevations)
4. Cornices at the top of the building will be synthetic stucco (agree to provide)
5. Print shop use - talk to Mr. Larson (need to discuss further)
6. Stamped concrete (complementary color to the building) in the detention area - no grey
unfinished concrete (agree to provide)
7. Bald cypress within the detention area as shown in the cross section should be large enough to
be an effective screen (5" - 6" caliper when planted) (agree to provide 5" caliper trees)
8. View of the development along 114 - limit parking along 114 or increase berm height -3'? (agree
to provide berm height of 3' along SH 114)
9. Need some assurance on fireplace amenity feature maintenance? - Minimum operating hours
(needs to be built only if it is operational) (agree to provide)
10. Parking lot between retail A and retail B building - redesign to connect better by eliminating a few
spaces, angled or parallel parking (provided on the revised siteplan)
11. Restaurants should have a knee wall - table height (agree to provide)
12. Tree shown on end cap need to be shown on site plan (agree to provide)
13. Median along White Chapel - so driveway will be a right in right out only (provided on the revised
siteplan)
Case No.
ZA07 -005
Ordinance No. 480-521
Page 14
We have made an additional change to the location of the driveway to SH 114 as a result of our meeting
with TxDOT on Monday, July 23,d. They are requiring that we maintain 305 feet from the nose of the texas
turn-round to the eastern edge of the proposed driveway. As a result of this change, we have also
modified the drive circulation to the out-parcels and reduced the number of parking spaces by four.
We would like to schedule our second reading for the August ih Council meeting. Please advise if that
will not be possible Should you have any questions and/or comments, please feel free to call.
Sincerely,
~tJb
....-
Matthew P. Kostial, P.E.
Oracle Engineering
Cc: Mark Hardaway
Case No.
ZA07-005
Ordinance No. 480-521
Page 15
Case No.
ZA07 -005
ORACLE ENGINEERING
7012 Lindsley Avenue
Dallas, Texas 75223
Phone: (214) 321-1436
Fax: (214) 853-9381
July 25, 2007
Mr. Dennis Killough, AICP
City of South lake
Planning Department
1400 Main Street, Suite 310
South lake, TX 76092
Re; Chapel Crossing
South lake, Texas
Dear Dennis:
Enclosed please find the revised siteplan and elevations per the City Council's latest comments. We
acknowledge the minor comments made by the Council, but have not resubmitted the effected plans. We
would like to resubmit these changes with any additional comments after the second reading for stamping
of the approved plans by staff. These minor comments include:
1. Increasing the berm height adjacent to SH 114 to three feet
2. Increasing the diameter of the bald cypress trees within the detention pond to 5" diameter
3 Staining the walls of the detention pond. (Color to be coordinated with the building)
We have made an additional change to the location of the driveway to SH 114 as a result of our meeting
with TxDOT on Monday, July 23"" They are requiring that we maintain 305 feet from the nose of the texas
turn-round to the eastern edge of the proposed driveway. As a result of this change, we have also
modified the drive circulation to the out-parcels and reduced the number of parking spaces by four.
We would like to schedule our second reading for the August ih Council meeting. Please advise if that
will not be possible. Should you have any questions and/or comments, please feel free to call,
Sincerely,
~1Jb
Matthew P Kostial, P E.
Oracle Engineering
Cc: Mark Hardaway
07
. -3D-Oj
10:29 i?CVD
Ordinance No. 480-521
Page 16
EXHIBIT "B" Applicant's Letter dated July 31, 2007
Foster McDonald, PLLC
Attorneys at Law
8117 Preston Road
Suite 495
Dallas, Texas 75225
Fax: (214) 363~9551
Mark D. Foster (214) 363-9599
Brenda N. McDonald (214) 363-0600
mark@mdfoster.com
brendamcdonald@>verizon.net
July 31,2007
Mr. Dennis Killough
Senior Planner
City of Southlake
1400 Main Street
South lake, Texas 76092
Re: ZA07-005 Chapel Crossing Shopping Center
Dear Mr. Killough,
In response to the City Council's request at the July 1yth hearing on this case, I
submit the following language that will become a part of the tenant lease for the lease
space that contains the exterior fireplace shown on the site plan that is a part of this
case:
Tenant shall be solely responsible for the operation and maintenance of the
exterior fireplace. The fireplace shall be open to access by the public and
Tenant shall operate the fireplace at all times during Tenant's business
hours. Failure to comply with the terms of this section shall be considered a
default of Tenant's obligations under this Lease.
In addition, we would like to include in the second reading, a request for a sign
variance to allow construction of the two monument entry signs shown on the site plan
in this zoning case. Our demonstration for the variance is as follows:
1. That a literal enforcement of the sign regulation will create an unnecessary
hardship or practical difficulty on the applicant.
. This property is located at the SW corner of White Chapel and State
Highway 114. The overpass in this location necessitates an increase in
the height of the two entry monument signs shown on the site plan to
provide for any visibility at all. The proposed height of 28 feet - 6 inches
Case No.
ZA07-005
Ordinance No. 480-521
Page 17
EXHIBIT "B" Applicant's Letter dated July 31, 2007
is both necessary for visibility and architecturally compatible with the
proposed Chapel Crossing center. Denial of this variance request would
impose an unnecessary hardship on the Applicant.
2. That the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self imposed.
. The State Highway 114 overpass at this location was obviously not
created by the Applicant. In addition, the property is bordered by 3
roadways which limit this size of this parcel to approximately 6 acres.
Thus, there is no way to relocate the signs on the property to achieve
appropriate visibility.
3. That the variance will not injure and will be wholly compatible with the use and
permitted development of adjacent properties.
. The proposed monument signs have been designed as a cohesive
element of the Chapel Crossing center and are in keeping with the
Gateway Identity Concepts of the City of Southlake. They will be an asset
to the City and establish an appropriate standard for sign age at this
intersection. During the companion zoning case, the Applicant originally
proposed a shorter monument sign design but was encouraged to explore
making it taller so that it would be more proportionately appropriate.
4. That the variance with be in harmony with the spirit and purposes of the sign
ordinance.
. As previously stated, the proposed height of the monument signs is
architecturally appropriate with regard to the other sign dimensions and
with regard to the architecture of Chapel Crossing. The signs are
intended to serve as entry markers for the center and have been designed
as such. These signs are exactly the type of signage that is being
encouraged throughout the City of Southlake.
I am attaching a dimensioned plan of the proposed monument sign and we would
respectfully request your recommendation of approval. Please let me know if you need
additional information.
With warmest regards,
Jrttidtt 11 VI(_
Brenda N. McDonald
Enclosure
Case No.
ZA07-005
Ordinance No. 480-521
Page 18
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EXHIBIT "C"
PLAN REVIEW SUMMARY
Review No.: Six
Date of Review: 08/01/07
Case No.: ZA07-005
Project Name: Site Plan for S-P-2 Zoning - Chapel Crossing Shopping Center
DEVELOPER:
Greenway Investment Company
ENGINEER
Oracle Engineering
Phone:
Fax:
Phone: (214) 321-1436
MattKo stialla>,s bcgl 0 bal. net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/30/07 AND
WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF
CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY
QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072.
1) The following changes are needed to the proposed "S-P-2" zoning document:
a) The regulation requiring bufferyards only along the perimeter boundary of the S-P-2
zoning district and eliminating bufferyards along interior lot boundaries as proposed has
been omitted. Please correct.
b) No.1 & 2 (driveway variances) should be moved to a "Variance" section of the document.
Driveways are regulated under the separate "Driveway Ordinance No. 634" and cannot be
modified as part of a zoning regulation. With regard Note No.2, the spacing on
Countryside does comply, it is stacking poses the issue fro both White Chapel &
Countryside.
2) The following changes are needed with regard to driveways:
a)
Provide the minimum 100' stacking depth required for all driveways. The following do
not comply:
i) The drive located on SHl14 (43' provided) (Variance Requested)
ii) East driveway on Countryside Ct (30' provided). (Variance Requested)
iii) West driveway on Countryside Ct (36' provided). (Variance Requested)
b)
The driveway proposed on N. White Chapel Blvd does not meet the minimum 200'
spacing required from a street intersection (x 150' provided). (Variance Requested)
c)
The final design of right-in! right-out traffic control structure at the driveway onto N.
White Chapel is subject to review and approval by the City Engineer.
*
A permit is required from TxDOT on all driveways accessing a State thoroughfare.
3) The following changes are needed with regard to the exterior elevations:
Case No.
ZA07-005
Ordinance No. 480-521
Page 40
4) The west fa9ade of Building' A' does not meet articulation requirements. (Variance Requested -
The applicant believes this fa~ade will not be visible from SH114 which would exempt it from
this requirement. The maximum wall length permitted is 69 feet. The provided horizontal
length is 161 feet and the vertical length is 76 feet.)
INFORMATIONAL COMMENTS
*
A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped "approved" by the Planning Department.
*
All development must comply with the City's Drainage Ordinance No. 605 and detain all
post development run-off.
*
Insure that all mechanical equipment is screened from view of adjacent ROW's.
*
Prior to issuance of a building permit on Lots 2 & 3, a revised site plan must be approved by City
Council following a recommendation from the Planning and Zoning Commission.
*
The applicant should be aware that prior to issuance of a building permit a plat must be approved
and recorded in the county, 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 permit from TxDOT is required on all driveways intersecting SH 114.
Case No.
ZA07-005
Ordinance No. 480-521
Page 41
EXHIBIT "C"
Case No. ZA07-005 Review No.
3
Dated:
4/13/07 Number of Pages:
2
Project Name:
Chapel Crossing Shopping Center -- Zoning Change and Concept Plan
Contact: Cheryl Taylor, Civil Engineer
Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@cLsouthlake.tx.us
The following comments are based on the review of plans received on 4/5/2007. It is the applicant's
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
1. An access permit from TxDOT is required prior to construction of a driveway on. Submit application and
plans directly to TxDOT for review.
Additional comments may be forthcoming with the review of the Traffic Impact Analysis
provided.
Provide all necessary easements for water, sanitary sewer and drainage.
Use the City of South1ake GPS monuments whenever possible.
2.
3.
*
WATER AND SANITARY SEWER COMMENTS:
1. Label private lines as 'private' for clarification.
2. Vault for fire line should be on private property, not in the ROW or in an easement.
* Public water and sanitary sewer lines cannot cross property lines without being in an easement or
in the ROW. All water and sanitary sewer lines in easements or in the ROW shall be constructed
to City standards.
For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet
apart, or 600 linear feet if buildings are sprinklered.
Water meters and fire hydrants shall be located in an easement or in the ROW.
*
*
DRAINAGE COMMENTS:
1. Ensure that the difference between pre and post development runoff is captured in the detention
ponds for the 5, 10 and 100 year storms. The discharge proposed detention pond shall control the
outfall for the 5, 10 and 100 year storms.
Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan,
will be adequate to meet the detention requirements. Any changes to the size, shape, and/or
location of the proposed pond(s) may require a revision to the concept plan and may need to be
approved by the Planning and Zoning Commission and the City Council.
A note on the preliminary drainage study states that OS-2 will be prevented from entering the site.
Offsite drainage that currently runs onto the site cannot be redirected - it needs to be taken into
account within the site.
The note on the plans shows an existing culvert to be replaced with the White Chapel Street
Improvements. Final design has not yet been approved for the proposed improvements.
All storm sewer within the ROW shall be 18" minimum.
Proposed driveway culverts shall be sized by an engineer and submitted for approval to the City
Engineer.
* This development drains into Critical Drainage Structure #9 and requires a fee to be paid prior to
Case No. Ordinance No. 480-521
ZA07-005 Page 42
2.
3.
4.
*
*
*
beginning construction ($278. 14/acre ).
The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22" X 34" full size sheets) and a copy of the construction plan
checklist directly to the Public Works Administration Department 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/Public W orks/engineeringdesign.asp
An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM
1938 or SH 114. Submit application and plans directly to TxDOT for review.
A ROW 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's Agreement will 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 approved by Public Works prior to placing the Developer's Agreement on
the City Council agenda for consideration.
Any hazardous waste being discharged must be pretreated Ordinance No. 836.
This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
*
*
*
*
*
Case No.
ZA07-005
Ordinance No. 480-521
Page 43
EXHIBIT "C"
Case No. 07-005 Review No. Four Dated: March 26,2007 Number of Pages: 1
Project Name: Chapel Crossing Shopping Center (Zoning/Concept Plan)
Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713
The following comments are based on the review of plans received on March 19, 2007. Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant's responsibility to contact the department representative shown above
and make modifications as required by the comment.
TREE CONSERVATION COMMENTS:
1. The best "quality" trees are located close to and along the west property boundary line. The Tree
Conservation Plan shows that all existing trees will be removed except for one (1) 12" Blackjack
Oak in the northwest comer of the property and that a 23" Post Oak is Marginal because of the
location of the proposed parking and access dive along the west property boundary.
BUFFERY ARDS:
1. If the site is proposed to be divided into three (3) lots bufferyards must be provided and labeled
on the Site Plan. Bufferyards are required to be provided adjacent to all property boundary
lines including interior property boundary lines.
Interior bufferyards are required to be a 5' - A bufferyards.
Case No.
ZA07-005
Ordinance No. 480-521
Page 44
Star -Telegram
INVOICE
Draft Only
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLE
CITY OF SOUTHLAKE ORDINANCE NO I3580
I'VE D
AUG 3 0 2007
OFFICE OF UlY SECRETARY
THE STATE OF TEXAS
County of Tarrant
Customer ID: CIT57
Invoice Number: 287523511
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
1 114 114 LINE
Net Amount:
CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
July 31, 2008
8/10/07
Net due in 21 days
8/31 /07
no po
28752351
005
CITY OF SOUTHLA
8/ 10/07
$0.81 $92.34
$92.34
LW -'C.d.�L/
AUG 9 2007
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in t above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,
Notary
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 287523511
Invoice Amount: $92.34
PO Number: no po
Amount Enclosed:
Legal Notices
CITY
OF SOUTHLAKE
OR TRACTS UI-
LAND WITHIN THE
CITY OF SOUTH -
LAKE, TEXAS BE-
ING LEGALLY DE-
SCRIBED AS LOT 1,
BLOCK B, RAVENE-
AUX VILLAGE AD-
DITION, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIB-
IT "A" FROM"AG"
AGRICULTURAL
DISTRICT AND "C-
1" NEIGHBORHOOD
COMMERCIAL DIS-
TRICT TO "S-P-1"
DETAILED SITE
PLAN DISTRICT,
WITH LIMITED "C-
3" GENERAL COM-
MERCIAL DISTRICT
USES AS DEPICTED
ON THE APPROVED
SITE PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT "B", SUB-
JECT TO THE SPE-
PORv
THE
'tHERDI-
RMIN-
REST,
T,
AUG
(� (� '7
Z J 2001
NEL-
AND
AND
P A
x
NTS
_--------------
------
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
PASSED AND AP-
PROVED THIS THE
7th DAY OF AU-
GUST, 2007, DURING
THE REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
INVOICE DrifOnly
Star-Telbgram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 286919741
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/26/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 7/31/07
Bill To: AUG PO Number: no po
CITY OF SOUTHLAKE 7 200�
1400 MAIN ST '3Y: Order Number: 28691974
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Date: 7/26/07
rDescription°ctSt . Locatio Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 1 124 124 LINE $0.81 $100.44
Net Amount: $100.44
RECEIVED
AUG 2 0 2007
OFFICE OF CITY SECRETARY
'' '' CHRISTY L.HOLLAND
' MY COMMISSION EXPIRES
July 31,2008
THE STATE OF TEXAS __
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator
for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and
say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR
TELEGRAM
(817) 390-7501
Signed � JC)1) .
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,July ,21/ deg
Notary Public
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH,TX 76101-2051 Invoice Number: 286919741
Invoice Amount: $100.44
PO Number: no po
Amount Enclosed: $
r► 1
CITY OF
SOUTHLAKE
Notice is hereby given
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on Au-
gust 7,2007,at 5:00
p.m. or immediately
following the Work
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake,
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 480-521
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
TOFEXAS;
SOUTHLAKE, y�
EXAS; GRANTING __�i
A ZONING CHANGE �`
ON A CERTAIN ll t
TRACT OR TRACTS A��
OF LAND WITHIN N
SOUTHLAKE, T X- +THE CITY OF 7Z♦ '
AS BEING LEGALLY
DESCRIBED AS LOT t'sY•
1, BLOCK B, RAVE-
NEAUX VILLAGE
ADDITION, AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EXHIBIT
"A" FROM"AG"
AGRICULTURAL
DISTRICT AND"C-1"
NEIGHBORHOOD
COMMERCIAL DIS-
TRICT TO "S-P-1"
DETAILED SITE
PLAN DISTRICT,
WITH LIMITED "C-
3" GENERAL COM-
MERCIAL DISTRICT
USES AS DEPICTED
ON THE APPROVED
SITE PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT"B",SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT
THE PUBLIC INTER-
EST, MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;,
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
City of Southlake
Lori Payne
City Secretary