Item 6Case No.
ZA17-060
S T A F F R E P O R T
October 13, 2017
CASE NO: ZA17-060
PROJECT: Zoning Change and Development Plan for Metairie at Southlake and
Zoning Change and Concept Plan for Kirkwood Grove West
EXECUTIVE
SUMMARY: On behalf of Southlake Dove Associates, LLC, D2 Investments, Inc. and DeOtte,
Inc. are requesting approval of a Zoning Change and Development Plan for
Metairie at Southlake and Zoning Change and Concept Plan for Kirkwood Grove
West on property described as Tracts 1F and 1, James J. W est Survey, Abstract
No. 1620, City of Southlake, Tarrant County, Texas and located at 500 and 550 W.
State Hwy. 114, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan
District. Proposed Zoning: “TZD” Transitional Zoning District and "S-P-2"
Generalized Site Plan District. SPIN Neighborhood #3.
DETAILS: This project is located south of E. Dove Rd. between W. State Hwy. 114 and N.
White Chapel Blvd.
The purpose of this request is twofold. The first request is to seek approval of a
Zoning Change and Development Plan from “S-P-2” Generalized Site Plan District
to “TZD” Transitional Zoning District for Metairie of Southlake, which includes 59
residential lots and four (4) open space lots on approximately 29.387 acres. The
proposed gross density is 2.008 units per acre and the proposed net density is 2.83
units per acre. The percentage of open space proposed in the subdivision is
approximately 17.3% of the gross area.
The second request is to seek approval of a Zoning Change and Concept Plan for
Kirkwood Grove West to revise the “S-P-2” zoning district boundary established in
Ordinance No. 480-220 to only include a redefined boundary for the western tract,
which was identified as “Tract A” in the ordinance. The existing zoning is “S-P-2”
Generalized Site Plan District with Mixed Uses, to include limited uses in the
following districts: "CS" Community Service District, "O-1" Office District, "O-2"
Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail
Commercial District, "C-3" General Commercial District, "B-1" Business Service
Park District, and "HC" Hotel District. All zoning requirements, conditions and
vested rights from Ordinance No. 480-220, specifically Tract A, previously
approved for this property are proposed to remain.
The following chart summarizes the site data for the proposed Metairie at
Southlake subdivision on the eastern portion of the property.
Department of Planning & Development Services
Case No.
ZA17-060
Site Data Summary for “TZD” Zoning
Existing Zoning “S-P-2”
Proposed Zoning “TZD”
Land Use Designation Mixed Use
Gross/Net Acreage 29.387 / 25.409
Residential Lots 59
Gross Density 2.008 du/ac.
Net Density 2.83 du.ac.
Open Space % 17.3%
Lot Area Range 10,014 s.f. to 19,325 s.f.
Average Lot Area 11,672 s.f.
A comparison of the proposed “TZD” regulations to the “SF-20A” Single Family
Residential District is below:
Regulation “SF-20A” “TZD” Regulations
Max. Height 35’ and 2½ stories 35’
Front Yard 35’ 25’
Side Yard 15’ 5’
Rear Yard 40’
(35’ on cul-de-sac) 20’
Max. Lot Coverage 30% 50%
(for principal dwelling)
Min. Lot Area 20,000 s.f. 10,000 s.f.
Min. Lot Width 100’ 75’
Min. Lot Depth 125’ 115’
Min. Floor Area 1,800 s.f. 2,500 s.f. (1-story)
2,750 s.f. (2-story)
Max. Gross Density 2.18 du/ac. 2.008 du/ac.
The following modifications to the “TZD” Zoning District requirements are proposed:
A. Section 47.4.a: The requirement of having at least two of the district components.
B. Section 47.4.d: The requirement for residential density to not exceed two (2)
dwelling units per gross acre.
C. Section 47.7.a.1 and 47.6 Table 47 -2: The requirement prohibiting dead end
streets and cul-de-sacs and the block width and length requirement.
D. Section 47.7.a.3: The human-scaled building requirement.
E. Section 47.7.b: The building orientation requirement.
F. Section 47.7.d: The building façade requirement.
G. Section 47.7.e: The architectural design standards requirement.
H. Section 47.7.f: The off-street parking requirement.
Case No.
ZA17-060
VARIANCE
REQUESTED: Subdivision Ordinance No. 483, Section 5.03.F includes minimum centerline radii
for curvilinear streets and separation requirements for reverse circular curves. The
alignment shown for Kirkwood Blvd. does not meet the requirements in the table.
The applicant is requesting to allow the alignment shown.
The Planning and Zoning Commission tabled this item at their October 5, 2017
meeting. The Planning and Zoning Commission discussed the following issues
to be addressed for the October 19, 2017 meeting.
P&Z Issues to be addressed by 10/19 meeting Applicant’s Response
Relocate the kiosk from the median and provide
more detail on the type of mailboxes to be used
before Council.
The applicant has removed the kiosk from the
median and added several kiosks throughout
the development.
Provide elevations and materials for the wall and
fence.
Example photos of the proposed masonry wall
and metal fence have been provided.
Provide material samples or exhibits of the
retaining wall material.
Example photos of the retaining wall and a
retaining wall exhibit have been provided.
Provide an exhibit with showing the entrance lined
up with Brentwood Circle. An exhibit has been provided.
Add regulations to ensure custom home builders
and discourage production builders.
Regulations have been added under Section H
– Building Standards.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval of a Zoning Change and Development Plan and
a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Development Plan Review Summary No. 4, dated October 13, 2017
(D) Surrounding Property Owners Map and Responses
(E) Ordinance Nos. 480-729 and 480-220a
Full Size Plans (for Commission and Council members only )
Link to PowerPoint Presentation
Link to Narrative
Link to TZD Regulations
Link to Plans
Page 1 - Development Plan (East)
Page 2 - Landscape Plan
Pages 3-4 Tree Conservation Plan and Tree Chart
Page 5 - Pedestrian Access Plan
Pages 6-7 - Street Sections
Page 8 - Entry Exhibit
Page 9 - Concept Plan (West)
Pages 10-12 Civil Plans
Link to Additional Exhibits provided since the 10/5 P&Z meeting
Link to Corridor Planning Committee Report
Link to SPIN meeting Report dated April 11, 2017
Link to SPIN meeting Report dated August 22, 2017
Case No.
ZA17-060
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA17-060 Page 1
BACKGROUND INFORMATION
OWNER: Southlake Dove Associates, LLC
APPLICANT: D2 Investments, Inc. and DeOtte, Inc.
PROPERTY SITUATION: 500 and 550 W. State Hwy. 114, located south of E. Dove Rd. between W.
State Hwy. 114 and N. White Chapel Blvd.
PROPERTY DESCRIPTION: Tracts 1F and 1, James J. West Survey, Abstract No. 1620
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: “S-P-2” – Generalized Site Plan District with Mixed Uses, to include limited
uses in the following districts: "CS" Community Service District, "O -1"
Office District, "O-2" Office District, "C-1" Neighborhood Commercial
District, "C-2" Local Retail Commercial District, "C-3" General Commercial
District, "B-1" Business Service Park District, and "HC" Hotel District.
PROPOSED ZONING: “TZD” Transitional Zoning District and “S-P-2” – Generalized Site Plan
District with Mixed Uses, to include limited uses in the following districts:
"CS" Community Service District, "O-1" Office District, "O-2" Office District,
"C-1" Neighborhood Commercial District, "C -2" Local Retail Commercial
District, "C-3" General Commercial District and "HC" Hotel District.
HISTORY: -A Zoning Change was approved by City Council Ma y 6, 1997, changing
the zoning on the property from “AG” Agricultural District to “S -P-2”
Generalized Site Plan District to include “CS” Community Service, “O-1”
Office District, “C-1” Neighborhood Commercial District, “C-2” Local Retail
Commercial District, “C-3” General Commercial District, “B-1” Business
Service Park District and “HC” Hotel District uses (Case No. ZA96-130 and
Ord. No. 480-220).
- A Zoning Change and Site Plan for Southlake Center (ZA13-096) from “S-
P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District
with “C-3” General Commercial District uses to also allow a fuel station and
outdoor sales areas as shown on the site plan was tabled at the November
21, 2013 Planning and Zoning Commission meeting to the January 9, 2014
meeting. The requested site plan proposed approximately 443,000 square
feet of development with an approximately 113,531 square foot grocery
store with a drive-through pharmacy and an approximately 96,000 square
foot department store as the main anchor stores in the development. This
case and the associated Preliminary Plat for Southlake Center (ZA13 -097)
were withdrawn January 9, 2014.
- A Site Plan for Town and Country (ZA14-099) for the development of six
retail and restaurant buildings totaling approximately 165,320 square feet
and the associated Preliminary Plat (ZA14 -100) were withdrawn on April
13, 2015.
The subject lot currently remains vacant and unplatted.
Case No. Attachment A
ZA17-060 Page 2
SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan
The 2030 future land use designation for the site is “Mixed Use”.
The purpose of the Mixed Use category 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.
Definition: The range of activities permitted, the diverse natural features,
and the varying proximity to thoroughfares of areas in the Mixed Use
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. Typically, the Mixed Use
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 in the Public Parks/Open
Space, Public/Semi-Public, Low Density Residential, Medium Density
Residential, Retail Commercial, and Office Commercial categories.
Single-family Residential Uses:
Residential uses are to be located between the proposed office or
retail uses and existing residential neighborhoods. These uses are
intended to provide a lower intensity transition between existing
neighborhoods and commercial uses.
Residential uses should be well integrated with proposed open
space and other civic uses to create a sense of place.
They should also be integrated with proposed commercial uses in a
manner that provides internal automobile and pedestrian access to
convenience commercial uses.
Single-family residential uses are recommended to be to the density
and scale that is appropriate based on the context and character of
the proposed overall development.
Open Space:
Consider environmental elements as “features,” rather than
constraints.
Emphasis shall be placed on preservation of existing wooded areas
and stream corridors.
Avoid channeling or piping of streams.
Streams or creeks should become a f ocal point rather than the rear
of the development.
Provide natural walking paths along stream and creek corridors.
Well designed and integrated open spaces are critical to the
creation of successful mixed use neighborhoods.
Open spaces should be designed to add value to proposed
development and not as an “after-thought”. To that end, open
spaces should maximize frontage along residential and office uses.
Open spaces shall occupy a prominent place in the development of
a neighborhood and form the center pieces of a community.
Case No. Attachment A
ZA17-060 Page 3
Open spaces are intended to be the “front-yards” and invite passive
recreational activities. Open spaces may be in the form of pocket
parks, children’s play areas, squares, linear greens, and
conservation areas.
Use the topography as an advantage, do not flatten the site.
Preserve views.
Civic Uses:
Civic uses such as day-cares, post office, police substation, local
government offices, churches, etc. are encouraged. Ideally, civic
uses should be located centrally in the develop ment and provide
convenient access to all other uses and activities in the
development.
Civic uses are to be designed to the scale and context of the
neighborhood. Uses are encouraged to be appropriately scaled to
the proposed development and generally limited to a maximum of
10,000 square feet of built area.
Overall Character and Design:
Buildings are to be designed to be pedestrian friendly.
Buildings shall have shallow setbacks and sidewalks that are a
minimum of 10’.
Buildings are to be oriented towards other buildings (across the
street) or towards open spaces.
Minimize the impact of surface parking.
Mix up land uses to maximize shared parking. S.H. 114 Corridor
Plan.
Street Design Standards:
Internal streets to be designed to accommodate both automobiles
and pedestrians.
Streets to be designed with curb and gutter.
Interconnected street network.
Regular blocks and streets.
Block widths between 400’ and 600’.
Design speed < 25 mph.
Mobility & Master Thoroughfare Plan
The subject property is bounded by W. State Hwy. 114 to the west, W.
Dove Rd. to the north and N. White Chapel Blvd. to the east. The future
alignment of Kirkwood Blvd. intersects the property, with the proposed
“TZD” zoning district to the east side of Kirkwood Blvd. and the redefined
boundary of the existing “S-P-2” zoning district to the west side. The Master
Thoroughfare Plan shows Kirkwood. Blvd. to be a four -lane divided arterial
with 100’ of right of way. The Preliminary Plat will show the full 100’ of right
of way for Kirkwood Blvd. The Developer is responsible for dedicating 100’
of right of way (on a Final Plat) and constructing one-half (1/2) of the
required street section according to City standards with the proposed
Metairie at Southlake subdivision. N. White Chapel Blvd. is shown as a
Case No. Attachment A
ZA17-060 Page 4
four-lane arterial with 88’ of right of way and W. Dove Rd. is shown as a two
lane undivided arterial with 88’ of right of way adjacent to the site. Adequate
right of way is shown to be dedicated on the Development Plan, Concept
Plan and Preliminary Plat. Coordination with Public Works staff will be
required for the intersection of Kirkwood Blvd. and Dove Rd. Construction
for the intersection improvements at this location has begun. The
developer is required to install a mast arm for northbound traffic at the
intersection. Construction of the traffic signal should be completed by
December of 2017.
Pathways Master Plan & Sidewalk Plan
The Pathways Plan shows a less than 8’ sidewalk along the south side of
Dove Road and a 6’ sidewalk is shown on the Development Plan. The
Pathways Plan shows an 8’ or greater multi -use trail on east side of
Kirkwood Boulevard and on west side of N. White Chapel Blvd. and 8’
multi-use trails are shown on the Development Plan connecting to an
existing segment of 6’ sidewalk on N. White Chapel Blvd. south of the
intersection with W. Dove Rd.
2035 S.H. 114 Corridor Plan
The subject site is located within the 2035 S.H. 114 Corridor Plan area that
was adopted June 20, 2017 under Ordinance No. 1171.
Link to 2035 S.H. 114 Corridor Plan
The following site specific recommendations are included for the subject
property:
Retain the existing underlying Mixed Use land use designation and
apply the Campus Office Overlay district.
Future development on these properties should be approved in a
manner that is sensitive to potential impacts on adjacent residential
areas, particularly as related to noise, traffic, building heights,
lighting and views.
Provide a corner enhancement feature at SH 114 and W. Dove Rd
in conjunction with development on the west half of the Fidelis tract.
Development of the Shivers property should be integrated with the
Carillon commercial to the east.
For areas immediately along and east of the planned Kirkwood
Blvd. extension, low-impact development such as residential with a
similar design and pattern to the existing neighborhoods across
White Chapel may be considered as a transition to the neighboring
single family residential properties. Also a low-scale or garden office
component may be considered if development is planned in a
comprehensive manner which maximizes tree preservation.
Buffer any residential uses from non -residential uses on this
property.
Traffic signals at major street intersections should be anticipated
and addressed with development.
As development is proposed, traffic impacts on Dove St. and White
Chapel Blvd (including the traffic circle) should be assessed.
Development should be sensitive to the existing tree cover and
attempts should be made during the planning pro cess to maximize
tree cover along with natural features and topography.
Case No. Attachment A
ZA17-060 Page 5
Any development should be walkable and pedestrian friendly.
Family history of Shivers tract should be preserved or recognized
possibly through use of open space.
As development occurs drive access to Kirkwood Blvd. should be
encouraged with limited drive access onto White Chapel Blvd.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The proposed “TZD” zoning request for Metairie at Southlake has one main
entrance onto N. White Chapel Blvd. A secondary connection is provided
onto the proposed Kirkwood Blvd. to the west, which will connect to W.
Dove Rd. and N. White Chapel Blvd. An emergency only access gate is
also proposed onto Kirkwood. Blvd.
Traffic Counts
N. White Chapel Blvd. (60)
(Between Kirkwood Blvd and Dove Rd)
24hr North Bound (2816) South Bound (2508)
AM Peak AM (229) 7:30 – 8:30AM Peak AM (290) 7:30 – 8:30AM
PM Peak PM (374) 5:15 – 6:15PM Peak PM (231) 3:00 – 4:00PM
W. Dove Rd. (38)
(Between N White Chapel Blvd and SH114)
24hr West Bound (2430) East Bound (2103)
AM Peak AM (384) 7:30 – 8:30AM Peak AM (280) 7:15 – 8:15AM
PM Peak PM (290) 5:15 – 6:15PM Peak PM (255) 5:00 – 6:00PM
* Based on the (2014-2015) City of Southlake Traffic Count Report
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development.
Use Units Vtpd* AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
ITE Code (210) 59 565 12 34 39 22
* Vehicle Trips Per Day
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
* Based on the ITE: Trip Generation Manual, 7th Edition
The City Engineer has provided the following comments:
N. White Chapel north of SH 114 is classified as a 4 -lane divided arterial.
The subdivision ordinance recommends that arterials only be intersected by
other arterials or collector streets. Minor collectors are permitted to
intersect arterials upon specific approval of the Director of Public Works
however median breaks should not be permitted at such locations.
Furthermore median breaks should only be permitted at a minimum 600’
spacing. Though the proposed main entrance location for the Kirkwood
Grove subdivision meets the requirements for minimum offset of centerline
spacing from existing streets, Brentwood and Keystone, on the east side of
the street, alignment with Brentwood would be the preference from mobility
and safety perspectives.
Case No. Attachment A
ZA17-060 Page 6
Though the design for the future expansion of N. White Chapel has not
commenced, there will likely be one median break between Kirkwood and
Dove with the ideal location being approximately 900 ’ north of Kirkwood.
This dimension lands closest to the proposed main entrance of Kirkwood
Grove, with the next best location being at Brentwood. The preference
would be to align the proposed main entrance of Kirkwood Grove with
Brentwood, roughly 150’ south, allowing the most people access to the
median opening and the ability to proceed north or south on N. White
Chapel. Keystone would not be considered for a median break due to its
proximity (<400’) to the roundabout at Dove Road which is planned for
expansion in the future. Should the proposed main entrance to Kirkwood
Grove be located north of Brentwood, as proposed, it would probably be
the most likely location of a median break to serve the larger number of
residences within Kirkwood Grove rather than the 9 residences in
Brentwood. This would prevent the southbound movements onto N. White
Chapel from Brentwood once the median is constructed.
TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -D
since the property is being rezoned.
There is approximately 25.4% existing tree cover on the site, of which,
approximately 61.3% is proposed to be preserved. A standard zoning
district would require that a minimum 60% of existing tree cover be
preserved.
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.
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.
Case No. Attachment A
ZA17-060 Page 7
UTILITIES: The property is served by an existing 18” water line in W. Dove Rd. and an
existing 12” water line in N. White Chapel Blvd.
The property is served by an existing 8” sanitary sewer line at the
intersection of N. White Chapel Blvd. and Brentwood Circle.
DRAINAGE: Drainage on the property is generally west to east to N. White Chapel Blvd.
CITIZEN INPUT: The following meetings were held to discuss the development:
SPIN meetings were held for this project on April 11, 2017 and August 22,
2017. Links to the reports are provided below.
Link to April 11, 2017 SPIN Report
Link to August 22, 2017 SPIN Report
A 2035 Corridor Planning Committee meeting was held on January 10,
2017. A link to the report is provided. Link to Corridor Planning Committee
Report
STAFF COMMENTS: Attached is Development Plan Review Summary No. 4, dated October 13,
2017. A review summary was not prepared for the Kirkwood Grove West
Concept Plan since the purpose of the plan is only to redefine the “S -P-2”
Generalized Site Plan District zoning boundary.
Case No. Attachment B
ZA17-060 Page 1
Case No. Attachment C
ZA17-060 Page 1
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA17-060 Review No.: Four Date of Review: 10/13/17
Project Name: Zoning Change and Development Plan – Metairie at Southlake
APPLICANT: David Davis OWNER: Rich Coe
D2 Investments, Inc. Southlake Dove Associates, LLC
P.O. Box 793725 5207 McKinney Ave. #22
Dallas, TX 75379 Dallas, TX 75205
Phone: (214) 532-5720 Phone: (469) 289-4300
E-mail: david@d2dev.com E-mail: rcoe@frplcd.com
CITY STAFF HAS REVIEWED THE ABOVE REF ERENCED PROJECT RECEIVED BY THE CITY ON
09/18/17 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 CLARI FICATION, PLEASE
CONTACT RICHARD SCHELL AT (817) 748 -8602.
1. Change the name of the development on the plans to “Metairie at Southlake”.
2. Please move the request modify the requirement that the residential density not exceed two
dwelling units per gross acre to the variance section and rename the variance section
“Modifications”.
3. Please clarify the maintenance responsibilities for the medians. The medians should be
maintained by the HOA.
4. Subdivision Ordinance No. 483, Section 5.03.F includes minimum cen terline radii and separation
requirements for reverse circular curves. The alignment shown for Kirkwood Blvd. does not meet
the requirements in the table. The applicant is requesting a variance to allow the alignment shown.
5. Subdivision Ordinance No. 483, Section 5.01.E - Half-streets shall be prohibited except where
essential to the reasonable development of the subdivision in conformance with other
requirements of this ordinance, and where the Council finds it will be practicable to obtain
dedication when the adjoining land is platted.
6. Subdivision Ordinance No. 483, Section 5.02.D - The owner shall be required to dedicate right-of-
way as shown in the Thoroughfare Plan, or as required in this section for all streets, or parts
thereof, within or at the perimeter of the subdivision as a prerequisite for plat approval unless
specifically stated otherwise. In the event that a major state or county thoroughfare lies within or
directly adjacent to a development, the development shall only be required to dedicate such right-
of-way as reasonably relates to the need created by and the benefit received by that development.
In no event shall a development be required to dedicate a right -of-way greater than one hundred
and twenty (120) feet in width.
* A mailbox kiosk is required by the United State Postal Service for all new subdivisions.
* A preliminary plat must be processed and approved and a final plat must be processed, approved
and recorded prior to the conveyance of lots and issuance of building per mits. Both plats must
conform to the underlying zoning district(s).
Case No. Attachment C
ZA17-060 Page 2
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE PRESERVATION COMMENTS:
1. There is a 36” Storm Drain and sidewalk proposed to be parallel to the right -of-way of N. White
Chapel. The construction of the storm drain, grading, and sidewalk will cause the alteration and/or
removal of the existing trees along the right-of-way. Identify which of the existing trees within the
right-of-way would need to be altered or removed for the construction of the storm sewer, grading,
and sidewalk along N. White Chapel.
* The Kirkwood Grove development is proposed to be a Transitional Zoning District (TDZ)
designated zoning. The amount of existing canopy cover on the property is 25.4% and 61.3% of
the canopy cover is proposed to be preserved. If the development was proposed with traditional
zoning 60% of the existing canopy cover is required to be preserved.
Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation
Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the property has
previously received a tree permit related to development, the percentage of existing tree cover at
the time the first such permit was issued shall be used to calculate the minimum existing tree cover
that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
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;
Case No. Attachment C
ZA17-060 Page 3
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 buf fer 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
as approved by the Southlake City Council. Please ensure that the layout of all structures,
easements, utilities, grading, and any other structure proposed to be construct ed do not conflict
with existing trees intended to be preserved.
LANDSCAPE AND BUFFERYARDS COMMENTS:
2. Per table 47-2 – Streetscape Standards, a p lanting strip between the curb and the sidewalk and
within the right-of-way shall be a minimum of 6’ within the interior portion of the residential
neighborhood. Street tree plantings are required but their placement is flexible. Please add a
regulation to allow the sidewalk against the curb with no planting strip and with the street trees
planted on the house side of the sidewalk.
* The “TZD” zoning district is not subject to the requirements in Zoning Ordinance No. 480, Section
42 - Bufferyards.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Alex Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Future Kirkwood Blvd. is categorized as a 4 Lane Divided Arterial roadway on the Thoroughfare
Master Plan with 100’ Right of Way. Developer shall be responsible for dedicating 100’ of right of
way and constructing one-half (1/2) of the required street section according to City standards.
Case No. Attachment C
ZA17-060 Page 4
3. Coordination with Public Works staff will be required for the intersection of Kirkwood Blvd. and
Dove Rd. Construction for the intersection improvements is currently underway. Developer s hall
be required to install mast arm for northbound traffic at the intersection.
4. Staff recommends placing entrance on White Chapel across from Brentwood Drive. Future
widening of White Chapel will require the construction of a 4 lane divided street sec tion. Median
cuts along White Chapel will most likely be placed across from Brentwood due to the proximity of
the Dove round-a-bout. The placement across from Brentwood will also improve mobility and
simplify the design of a signalized intersection if warranted in the future.
5. Future grading of high point to meet sight distance requirements along future Kirkwood Blvd. may
impact elevations of final grade of all lots adjacent to the right of way. Future roadway profile cut
may be considerable which may also impact cul-d-sac at Street E and intersection of Street A.
* 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.
Public Works Department will not allow the installation benches, decorative gates, community
mailboxes, dovecotes, monument signs, and/or any other private amenity within public right of way.
* Water and sanitary sewer cannot cross property lines without being in an easement or right of
way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be
constructed to City standards.
WATER COMMENTS:
2. Fire hydrants at cul-de-sacs should align with common property lines.
* 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 1” inch meter must have a 1” tap, etc.
* Fire lines shall be separate from service lines.
* Water lines constructed in public right of way shall conform to City standards.
SANITARY SEWER COMMENTS:
1. Northernmost sanitary sewer line shall be extended to future Kirkwood Blvd. Provide manhole
for future extension.
Case No. Attachment C
ZA17-060 Page 5
* Sanitary sewer lines constructed in public right of way shall conform to City standards.
DRAINAGE COMMENTS:
3. Differences between pre - and post- development runoff shall be captured in detention pond.
Proposed detention pond shall control the discharge of the 2, 10 and 100 - year storm events.
Detention may be required with any new proposed building construction. Describe how increased
runoff from site is being detained. Access easements are needed for maintenance of detention
ponds.
4. Verify size, shape, and/or location of the detention pond (as depicted on the concept plan). Any
changes to size, shape, and/or location of the proposed pond may require a revision to th e
concept plan and may need to be approved by the Planning and Zoning Commission and the City
Council.
5. Swales shall be required between lots. Lot to lot drainage will not be allowed.
6. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must
be installed outside the edge of pavement. Ordinance #605 defines easement requirements for
storm sewer:
30” RCP and under – 15’ easement
42” – 54” RCP – 20’ easement
* Discharge of post development runoff must have no adverse i mpact 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
1. * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per
TXR150000. The plan must include all required elements in Part III, Section F of the permit. T he
Environmental Coordinator will review the SWPPP. For instructions on how to complete the review
of the SWPPP please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall
be submitted by second review of the civil construction plans.
2. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout
sheet.
3.
4. * Retaining walls greater than 4 -feet including the footing shall require structural plans
prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit
from the Building Inspections Department prior to constru ction.
* Geotechnical report shall be required for all private and public roadways. The geotechnical
report shall include pavement design parameters for subgrade stabilization.
* Right of way permit shall be obtained from the Public Works Operations Dep artment (817) 748-
Case No. Attachment C
ZA17-060 Page 6
8082 to connect to the City’s sewer, water or storm sewer system.
* 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. Construct ion plans for these
improvements must be acceptable to Public Works prior to placing the Developer’s Agreement
on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
* Denotes informational comment.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
Street names need to be approved by the city prior to final plat. Submit proposed nam e and alternate
name as soon as possible.
Developments of single family dwellings where the number of dwelling units exceeds 30 shall be
provided with two separate and approved fire apparatus access roads spaced as required. (Kirkwood
Boulevard access must be completed prior to allowing occupancy for any of these residences).
The required emergency access gate on Kirkwood must be equipped with an Opticom or KS-2 switch
for opening the gate electronically, as well as a means for manual opening in the event of a power
failure.
FIRE LANE COMMENTS:
Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
apparatus (A minimum of 85,000 lbs GVW). Fire access roads must be at least 31 ft . back of curb to
back of curb with a 24’ wide clear conveyance with 30’ minimum inside turn radii.
Community Service/Parks Department Review
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requ esting
fee payments or fee credits. Please contact the Community Services Department at (817) 748 -8607 for
further details.
Land/park dedication requirements:
Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of
park land for every forty (40) dwelling units.
If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the
amount of $6250 per dwelling unit x 59 dwelling units = $368,750.00.
Case No. Attachment C
ZA17-060 Page 7
General Informational Comments
* SPIN meetings were held for this project on April 11, 2017 and August 22, 2017.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* 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.
* It appears that this property lies within the 65 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.
* 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.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale water
customer contract with the City of Fort Worth, all new water connections are required to pay the
City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final
plat recordation date and building permit issuance. The applicant is encouraged to review the City
of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount.
* Denotes Informational Comment
Case No. Attachment D
ZA17-060 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1 KIRKWOOD HOLLOW HO ASSOC RPUD 425 STOCKTON DR 0.32 NR
2 BRADFORD, JOSEPH RPUD 409 STOCKTON DR 0.46 O
3 OWENS, ANDREW W RPUD 401 STOCKTON DR 0.47 NR
4 SOUTHLAKE, CITY OF CS 2300 N WHITE CHAPEL BLVD 0.88 NR
5 KUSHWAHA, ALOK P RPUD 405 STOCKTON DR 0.59 NR
6 CHOKSHI, RUPESH RPUD 403 STOCKTON DR 0.49 NR
7 BOLLINI, SASHIDHAR RPUD 2304 IDLEWILD CT 0.37 NR
8 RAUF, KHALIQ A RPUD 2305 IDLEWILD CT 0.38 NR
9 SOUTHLAKE, CITY OF SF1-A 2235 N WHITE CHAPEL BLVD 0.65 NR
10 MORALES, MICHAEL D RPUD 2300 IDLEWILD CT 0.38 NR
11 EADY, LINDA L RPUD 2301 IDLEWILD CT 0.47 NR
12 SOUTHLAKE, CITY OF RPUD 150 W DOVE RD 0.44 NR
13 SOUTHLAKE, CITY OF RPUD 2280 N WHITE CHAPEL BLVD 0.54 NR
14 MULLIKIN, TIMOTHY D SF1-A 2225 N WHITE CHAPEL BLVD 1.15 NR
Case No. Attachment D
ZA17-060 Page 2
15 BRENTWOOD RESIDENTIAL ASSOC SF30 2055 N WHITE CHAPEL BLVD 0.02 NR
16 THRASHER, WESLEY A AG 1975 N WHITE CHAPEL BLVD 1.18 NR
17 GOTTIMUKKULA, SOHINI RPUD 109 KEYSTONE DR 0.46 NR
18 REPICE, JOSEPH RPUD 105 KEYSTONE DR 0.38 NR
19 VERIZON WIRELESS TEXAS LLC NRPUD 500 W DOVE RD 24.86 NR
20 SIMPSON, CHARLES SF30 104 BRENTWOOD CIR 0.68 NR
21 XIONG, KEVIN SF30 100 BRENTWOOD CIR 0.74 NR
22 PATEL, PRABHUDAS K TR SF30 101 BRENTWOOD CIR 0.74 NR
23 CURRIE, JOHN L SF30 105 BRENTWOOD CIR 0.87 NR
24 RODRIGUEZ, JOE RPUD 113 KEYSTONE DR 0.49 O
25 BROWN, KENNETH R SF1-A 2005 N WHITE CHAPEL BLVD 1.71 F
26 THRASHER, WESLEY AG 1965 N WHITE CHAPEL BLVD 1.85 NR
27 ESTES PARK HOA INC RPUD 101 KEYSTONE DR 0.30 NR
28 ESTES PARK HOA INC RPUD 100 KEYSTONE DR 0.58 NR
29
SOUTHLAKE DOVE ASSOCIATES
LLC SP2 500 W SH 114 29.49
NR
30 SHIVERS FAMILY PTNRSHIP LTD AG 1900 N WHITE CHAPEL BLVD 39.54 NR
31
SOUTHLAKE DOVE ASSOCIATES
LLC SP2 500 W SH 114 24.95
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-nine (29)
Responses Received: Three (3)
Case No. Attachment E
ZA17-060 Page 1
Case No. Attachment E
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Case No. Attachment E
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Case No. Attachment E
ZA17-060 Page 4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-729
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 PORTIONS OF TRACTS 1F AND 1, JAMES J.
WEST SURVEY, ABSTRACT NO. 1620, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 29.387
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN
DISTRICT TO “TZD” TRANSITIONAL ZONING 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 “S-P-2” Generalized
Site Plan District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA17-060 Page 5
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 hazar ds 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; e ffect 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
Case No. Attachment E
ZA17-060 Page 6
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, 198 9, 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 portions of Tracts 1F and 1, James J. West Survey, Abstract
No. 1620, City of Southlake, Tarrant County, Texas being approximately 29.387
acres, and more fully and completely described in Exhibit “A” from “S-P-2”
Generalized Site Plan District to “TZD” Transitional Zoning District as depicted on
the approved Development Plan attached hereto and incorporated herein as
Exhibit “B”, and subject to the following conditions:
Case No. Attachment E
ZA17-060 Page 7
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 for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of
land; to avoid undue concentration of population; a nd 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 E
ZA17-060 Page 8
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.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment E
ZA17-060 Page 9
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 o f 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 _____ day of _____, 2016.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2016.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment E
ZA17-060 Page 10
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA17-060 Page 11
EXHIBIT “A”
Being described as Tracts 1F and 1, James J. West Survey, Abstract No. 1620 , City of
Southlake, Tarrant County, Texas, being approximately 29.387 acres, and particularly
described as follows:
Metes and Bounds Description
Reserved for metes and bounds description
Case No. Attachment E
ZA17-060 Page 12
EXHIBIT “B”
Reserved for approved Development Plan
Case No. Attachment E
ZA17-060 Page 13
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-220a
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 PORTIONS OF TRACTS 1F AND 1, JAMES J.
WEST SURVEY, ABSTRACT NO. 1620, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 25.914
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM "S-P-2" GENERALIZED SITE PLAN
DISTRICT WITH MIXED USES, TO INCLUDE LIMITED USES IN
THE FOLLOWING DISTRICTS: "CS" COMMUNITY SERVICE
DISTRICT, "O-1" OFFICE DISTRICT, "O-2" OFFICE DISTRICT,
"C-1" NEIGHBORHOOD COMMERCIAL DISTRICT, "C-2" LOCAL
RETAIL COMMERCIAL DISTRICT, "C-3" GENERAL
COMMERCIAL DISTRICT, "B-1" BUSINESS SERVICE PARK
DISTRICT, AND "HC" HOTEL DISTRICT, TO "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH MIXED USES, TO
INCLUDE LIMITED USES IN THE FOLLOWING DISTRICTS: "CS"
COMMUNITY SERVICE DISTRICT, "O-1" OFFICE DISTRICT, "O-
2" OFFICE DISTRICT, "C-1" NEIGHBORHOOD COMMERCIAL
DISTRICT, "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, "C-3"
GENERAL COMMERCIAL DISTRICT AND "HC" HOTEL
DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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,
Case No. Attachment E
ZA17-060 Page 14
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized
Site Plan 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
Case No. Attachment E
ZA17-060 Page 15
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 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 secu re 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:
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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 amend ed, 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 portions of Tracts 1F and 1, James J. West Survey, Abstract
No. 1620, City of Southlake, Tarrant County, Texas being approximately 25.914
acres, and more fully and completely described in Exhibit “A” from "S-P-2"
Generalized Site Plan District with Mixed Uses, to include limited uses in the
following districts: "CS" Community Service District, "O-1" Office District, "O-2"
Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail
Commercial District, "C-3" General Commercial District, "B-1" Business Service
Park District, and "HC" Hotel District, to "S-P-2" Generalized Site Plan District with
Mixed Uses, to include limited uses in the following districts: "CS" Community
Service District, "O-1" Office District, "O-2" Office District, "C-1" Neighborhood
Commercial District, "C-2" Local Retail Commercial District, "C-3" General
Commercial District and "HC" Hotel District, as depicted on the approved Concept
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 Off icial 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 s aid 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
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accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
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
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violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance 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 _____ day of _____, 2017.
_________________________________
MAYOR
ATTEST:
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_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2017.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as portions of Tracts 1F and 1, James J. West Survey, Abstract No.
1620, City of Southlake, Tarrant County, Texas, being approximately 25.914 acres, and
particularly described as follows:
Metes and Bounds Description
Reserved for metes and bounds description
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EXHIBIT “B”
Concept Plan and Uses approved with Ord. No. 480 -220
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Reserved for approved Concept Plan for 480-220a