Item 7CCase No.
ZA17-099
S T A F F R E P O R T
January 30, 2018
CASE NO: ZA17-099
PROJECT: Zoning Change and Site Plan for 305 S. Nolen Dr. Professional Offices EXECUTIVE
SUMMARY: Castle Development Group by Baird, Hampton & Brown is requesting 1st
reading approval of a Zoning Change and Site Plan for 305 S. Nolen Dr.
Professional Offices on property described as Lot 1R and a portion of Lot
2R1R, Block 5, Cornerstone Business Park, an addition to the City of
Southlake, Tarrant County, Texas and located at 305 and 405 S. Nolen Drive,
Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District and “S-P-
2” Generalized Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan
District. SPIN Neighborhood # 8.
REQUEST
DETAILS: The property is located on the east side of S. Nolen Drive, approximately 500
feet south of E. Southlake Blvd.
The existing “S-P-1” Zoning and Site Plan for TrueZero was approved in 2015
under City case ZA15-030 for a single-story 12,000 square foot office building,
to be occupied by a single tenant and located on Lot 1R, Block 5, Cornerstone
Business Park Addition. That development was never constructed. The purpose
of this request is to seek 1st reading approval of a Zoning Change and Site Plan
to develop two approximately 6,000 square foot single-story medical office
buildings on approximately 2.14 acres which includes all of Lot 1R (currently
zoned S-P-1) and a portion of Lot 2R1R (currently zoned S-P-2), Block 5,
Cornerstone Business Park Addition. An Amended Plat is currently in process
to revise the boundary between Lots 1R and 2R1R, Block 5, Cornerstone
Business Park Addition and an associated Zoning Change and Concept Plan
(ZA17-094) is being processed to revise the “S-P-2” boundary for Lot 2R1R,
Block 5, Cornerstone Business Park.
The requested “S-P-1” Detailed Site Plan District includes all uses allowed
under “O-1” Office District and to also include ambulatory surgery center as a
permitted use; as well as the following regulations:
1. The property shall be subject to the development regulations of the “O-
1” Office District with the following exception:
a. No bufferyard is required on the southeast boundary of Lot 1R1,
due to the existing drainage easement and channel located
between Lots 1R and 2R1R (to be amended as Lots 1R1 and
2R1R1); said channel to remain in a natural state.
Department of Planning & Development Services
Case No.
ZA17-099
Site Data Summary
Phase 1 Phase 2 Total
Existing Zoning “S-P-1” and “S-P-2” “S-P-1” and “S-P-2” “S-P-1” and “S-P-2”
Proposed Zoning “S-P-1” “S-P-1” “S-P-1”
Land Use Designation Office Commercial Office Commercial Office Commercial
Gross/Net Acreage 1.02 ac. 1.12 ac. 2.14 ac.
Total Building Floor
Area (Medical Office) 6,000 s.f. 6,000 s.f. 12,000 s.f.
Building Height/Number
of Stories 31 feet/1-story 31 feet/1-story 31 feet/1-story
Open Space % 36.80% 45.40% 41.29%
Permeable Pavement % 12.81% 13.51% 13.17%
Impervious Coverage % 50.39% 41.09% 45.53%
Total Parking Required 42 42 84
Total Parking Spaces
Provided 42 45 87
VARIANCE
REQUEST: Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum
spacing of 250 feet between driveway centerlines on an arterial. The applicant
is requesting a spacing distance of approximately 176 feet between the
proposed driveway centerline and the existing driveway centerline to the north
be allowed in order to align the proposed driveway with the existing driveway
across South Nolen Drive.
ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 3, dated January 26, 2018
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-736
Full Size Plans (for Commission and Council members only)
Link to Presentation
Link to Narrative
Link to S-P-1 Regulations
Link to Sight Distance Memo of Understanding
Link to Plans
Site Plan – Page 4
Grading & Drainage Plan – Page 6
Tree Conservation Plan – Page 9
Landscape Plan – Page 10
Elevations – Page 13
Color Renderings – Page 14
Line of Site Exhibit – Page 15
Link to SPIN Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA17-099 Page 1
BACKGROUND INFORMATION
OWNER: Geotel Group Inc.
APPLICANT: Castle Development Group by Baird, Hampton & Brown
PROPERTY SITUATION: 305 and 405 S. Nolen Drive
LEGAL DESCRIPTION: Lot 1R and a portion of Lot 2R1R, Block 5, Cornerstone Business Park
Addition
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: S-P-1 – Detailed Site Plan District and S-P-2 – Generalized Site Plan
District
PROPOSED ZONING: S-P-1 – Detailed Site Plan District
HISTORY: -A zoning change from “AG” to “O-1” and “I-1” on the west portion of this
property as well as a Preliminary Plat were approved by the City in May
of 1997.
-A Final Plat (ZA97-114) was approved by the City on September 4,
1997.
-City Council approved a zoning change (ZA02-018) from “O-1” and “I-
1” to “S-P-2” with “I-1” uses on the western portion of the property and
an associated concept plan on July 16, 2002.
-A zoning change and concept plan (ZA04-021) from “AG” Agricultural
District and “S-P-2” General Site Plan District to “S-P-2” General Site
Plan District with “C-2” Local Retail Commercial District and “I-1” Light
Industrial District uses was approved by City Council on June 15, 2004.
- A plat revision (ZA04-065) was approved by City Council on October
15, 2004.
-A zoning change and site plan (ZA10-065) for Lot 5R1 (Texas Digestive
Disease Consultants) from “S-P-2” General Site Plan District to “S-P-2”
General Site Plan District was approved by City Council on January 18,
2011.
-A zoning change and site plan / concept plan (ZA11-027) from “S-P-2”
General Site Plan District to “S-P-2” General Site Plan District to add 15
parking spaces and to reconfigure driveways on the site/concept plan
for Lots 1R, 2R1R, 3R, 4R and 5R1, Block 5, Cornerstone Business
Park was approved by City Council on October 18, 2011.
-A zoning change and site plan (ZA15-030) from “S-P-2” General Site
Plan District to “S-P-1” Detailed Site Plan District for TrueZero was
approved by City Council on June 16, 2015.
A condition of the City Council approval for TrueZero included a
stipulation that, absent an agreement with the adjacent property
owner to the north to obtain a clear line of sight, subject to the
concurrence of Public Works, Council recommended that we
have a right turn only and that Public Works will work with the
applicant to determine the safest ingress/egress according to
that sight line distance.
Case No. Attachment A
ZA17-099 Page 2
SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan:
The underlying land use designation for
this property is “Office Commercial.”
The proposed development is consistent
with the recommended scope of uses
under the “Office Commercial” land use
designation.
Master Thoroughfare Plan:
The Mobility and Master Thoroughfare Plan identifies S. Nolen Drive as
a three lane undivided arterial with 70’ of right of way between E.
Southlake Blvd. and Crooked Ln.
Pathways Master Plan
The applicant shows the required 5-foot sidewalk along S. Nolen Drive
on the submitted site plan.
TRANSPORTATION
ASSESSMENT: Existing Area Road Network and Conditions
This location proposes one access point from S. Nolen Drive. The
existing driveway located on the W. side of S. Nolen Drive at 300 S.
Nolen Drive, Nolen Office Park was approved with the condition that
upon construction of Village Center Dr. if staff deems it necessary, the
driveway can be changed to right-in right-out only. A condition of the
City Council approval for TrueZero included a stipulation that, absent an
agreement with the adjacent property owner to the north to obtain a
clear line of sight, subject to the concurrence of Public Works, Council
recommended that we have a right turn only and that Public Works will
work with the applicant to determine the safest ingress/egress according
to that sight line distance. The applicant is proposing a full access
driveway.
Nolen Drive (85)
(between FM 1709 and Crooked Lane)
24hr North Bound (4,533) South Bound (3,476)
AM Peak AM (370)11:45 AM–12:45 PM Peak AM (390) 8:15 – 9:15 AM
PM Peak PM (444) 4:30– 5:30 PM Peak PM (342) 12:30 – 1:30 PM
* Based on the 2015 City of Southlake Traffic Count Report
Traffic Impact
Use Area
(sq. ft.)
Vtpd
*
AM-
IN
AM-
OUT
PM
-IN
PM-
OUT
Medical-Dental Office Building (720) 12,000 139 19 2 3 18
* 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
WATER & SEWER: Water
There is an existing 12” water line which runs along the east side of S.
Nolen Drive that will serve this development.
Case No. Attachment A
ZA17-099 Page 3
Sewer
Sewer is proposed to be extended to the property from an existing 8”
sewer line along the west side of S. Nolen Drive.
TREE PRESERVATION: There is approximately 62.8% of existing tree cover on the site. If the
request was for a straight zoning change, 40% of the existing canopy
would be required to be preserved. The applicant is proposing to
preserve approximately 16.8% of the existing tree cover on the property.
For property sought to be zoned S-P-1 Site Plan, City Council shall
consider the application for a Tree Conservation Analysis or Plan in
conjunction with the corresponding development application.
CITIZEN INPUT: A SPIN meeting was held for this project December 12, 2017.
Link to SPIN Report
PLANNING AND ZONING
COMMISSION ACTION: January 18, 2018; Approved (5-0) as presented subject to the staff
report dated January 12, 2018 and Site Plan Review Summary No. 2
dated January 12, 2018, specifically granting the variance related to the
driveway ordinance issue, and also including in the motion the same
stipulation that was placed on the property in a previous approval
regarding the sight line, stipulating that absent an agreement with the
adjacent property owner to the north to obtain a clear line of sight,
subject to the concurrence of Public Works, Council recommends and
this Commission recommends to have just a right turn only and that
Public Works will work with the applicant to determine the safest
ingress/egress according to the sight line distance and that this
requirement is to be put in the application and this approval in perpetuity
otherwise jeopardizing the initially granted access.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 26, 2018.
The criteria for granting a variance to Driveway Ordinance No. 634 are
below:
In granting any variance, the City Council shall determine that a literal
enforcement of the regulations herein will create and unnecessary
hardship or practical difficulty on the applicant, that the situation causing
unnecessary hardship or practical difficulty is unique to the affected
property and is not self-imposed, that the variance will not injure and will
be wholly compatible with the use and permitted development of
adjacent properties, and that the granting of the variance will be in
harmony with the spirit and purpose of this ordinance. The decision of
the City Council shall be final.
Case No. Attachment A
ZA17-099 Page 4
APPLICABLE
REGULATIONS:
General Development Standards Applies Comments
Overlay Regulations Y Non-Residential Development Overlay
Building Articulation Y Complies
Masonry Standards Y Complies
Impervious Coverage Y Complies
Bufferyards Y “S-P-1” regulation added for no southeast bufferyard
Interior Landscape Y Complies
Tree Preservation Y “S-P-1”
Sidewalks Y Complies
Case No. Attachment B
ZA17-099 Page 1
Case No. Attachment C
ZA17-099 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA17-099 Review No.: Three Date of Review: 01/26/18
Project Name: Site Plan – 305 S. Nolen Dr.
APPLICANT: Konstantine Bakintas, PE OWNER: Andrew Miller
Baird, Hampton and Brown, Inc. Geotel Group, Inc.
3801 William D. Tate, Ste. 500 251 E. Southlake Blvd. Ste. 100
Grapevine, TX Southlake, TX 76092
Phone: (817) 251-8550 Phone: (817) 337-3433
E-mail: kb@bhbinc.com E-mail: amiller@castledevgroup.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 01/25/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE
HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE
CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT RICHARD SCHELL AT (817) 748-8602.
1. These review comments are based on plans showing two buildings in two phases on one
platted lot.
2. A Plat Revision or an Amended Plat that conforms to the underlying zoning districts must be
processed, approved and recorded with the County. An application for an Amended Plat has
been submitted. Amended plats may be approved administratively.
3. Driveway Ordinance No 634, as amended, Section 5.1 requires a minimum spacing of 250
feet between the proposed driveway centerline and the existing driveway centerline to the
north. The applicant is requesting a variance to allow a spacing distance of approximately 176
feet (±183’ at curb). The variance is requested to allow the proposed driveway to align with the
existing driveway across S. Nolen Dr.
4. Show and label the extent of the driveway to be striped as a Fire Lane.
5. Please be aware that a condition of the previous City Council approval for TrueZero included a
stipulation that, absent an agreement with the adjacent property owner to the north to obtain a
clear line of sight, subject to the concurrence of Public Works, Council recommended that we
have a right turn only and that Public Works will work with the applicant to determine the safest
ingress/egress according to that sight line distance.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
* There is ±62.8% of existing tree cover on the site and ±16.8% of the existing tree cover is
Case No. Attachment C
ZA17-099 Page 2
proposed to be preserved. With a straight zoning request, a minimum of 40% of the existing
tree cover would be 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;
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 r oadways 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
Case No. Attachment C
ZA17-099 Page 3
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, structures grading, and any other structure proposed to be
constructed do not conflict with existing trees intended to be preserved.
LANDSCAPE AND BUFFERYARD COMMENTS:
* Existing tree credits are proposed to be taken for interior landscape and bufferyards required
canopy tree and accent trees. Existing tree credits shall only be granted if the tree/s are in
healthy condition and all requirements of the Tree Preservation Ordinance have been met as
determined at the time of inspection for a Permanent Certificate of Occupancy.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must
include all required elements in Part III, Section F of the permit. The City of Southlake
especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan
to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly
recommended the project manager provide a series of maps for complex projects, including
one map showing controls during mass grading and infrastructure, one map showing controls
during vertical construction, and one map showing final stabilization (may be but not always
equitable to the landscape plan). Please include timelines in relation to the project activities for
installation and removal of controls. SWPPP shall be submitted by second review of the
civil construction plans.
NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet, if
applicable.
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 construction.
* 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.
Case No. Attachment C
ZA17-099 Page 4
* Use the City of Southlake GPS monuments whenever possible. Monument locations can be
found in the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be
15’ minimum and located on one lot – not centered on the property line. A 20’ easement is
required if both storm sewer and sanitary sewer will be located within the easement.
* Water 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.
SANITARY SEWER COMMENTS:
1. Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by
building inspections prior to burial.
* Sanitary sewer in easements or right of way shall be constructed to City standards.
DRAINAGE COMMENTS:
* Calculations will be required to verify capacity of proposed curb inlets.
* Storm sewers collecting runoff from public streets shall be RCP and constructed to City
standards.
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to
the Public Works Administration Department for review. Please allow 15 business days for
review. The plans shall conform to the most recent construction plan checklist, standard
details and general notes which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines
pre-construction, construction and post-construction erosion control measures.
* A Developer Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Case No. Attachment C
ZA17-099 Page 5
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
Plans indicate two Medical Office Buildings that are exactly 6,000 square feet, while this is the
maximum square footage allowed in a structure that does not require an automatic fire
sprinkler system, if the Medical Office Buildings become an ambulatory care facility then an
automatic fire sprinkler system or a manual fire alarm system will be required depending on
code requirements with specifications provided.
FIRE HYDRANT COMMENTS:
Due to square footage of proposed buildings and type of construction, a second fire hydrant
will be required on the property, as required by Appendix B and Appendix C of the 2015
International Fire Code. Space the additional fire hydrant a maximum of 300 feet from the
proposed hydrant shown on the plan and provide a utility easement for the hydrant if it will not
be located in the right of way or in an existing easement.
============= The following should be informational comments only ===================
* A SPIN meeting for this development was held December 12, 2017.
* Grasscrete pavement is not a permitted material for parking areas. The definition of
Permeable Pavement in Ordinance No. 480, as amended, Section 4.2 – Definitions, is as
follows:
PERMEABLE PAVEMENT – Also known as porous or pervious pavement, shall consist of
cement or asphalt which meets the minimum load bearing specifications utilized for an
equivalent impervious dust free all-weather surface. A surface will be considered permeable if
it is engineered and installed to current industry standards upon soil which is appropriate to
receive and abate the intake of water from the permeable surface (0.5 inches or greater of
penetration per hour).
Prior to certificate of occupancy, a letter of certification must be provided to the City by the
engineer of record which verifies the installation and performance of the permeable pavement.
The performance of the permeable surface must be maintained at regular intervals and as
needed through cleaning and/or sweeping. Damaged, worn, rutted or non-performing areas, or
areas which have exceeded their usable lifespan must be replaced with like materials of the
same specification in accordance with Section 35.4.
Permeable pavement is not appropriate in areas of high traffic or where heavy machinery or
trucks larger than one (1) ton routinely traverse, or downstream of areas where toxic
chemicals are routinely handled or transported or where gas or fueling stations are located.
Modular pavers which allow for water infiltration shall be considered permeable pavement on a
case by case basis if the pavers meet the performance standards of permeable pavement, are
made of load bearing masonry material and contribute to the aesthetics of the site. For the
purposes of this ordinance, in no case shall the use of grass pavers, grasscrete,
Case No. Attachment C
ZA17-099 Page 6
honeycomb or grid systems, non-masonry tiles or pavers, or any system utilizing
exposed grass, vegetation, gravel, sand, or equival ent material as a primary parking
surface constitute permeable pavement, a pervious surface for the purposes of
calculating impervious coverage, or an all-weather surface as defined in this section.
(As amended by Ordinance No. 480-VVVV.)
Please see Zoning Ordinance No. 480, as amended, Section 35.2 below for the type of
parking surface that is required:
TYPE OF PARKING SURFACE REQUIRED - All parking and vehicle use areas shall be of an
all-weather surface material and constructed in accordance with applicable codes.
Permeable pavement such as permeable asphalt, concrete or equivalent shall be considered
an all-weather surface if it is designed by a licensed engineer experienced in the design of
permeable pavement, is installed to industry standards, and meets the definition of permeable
pavement in Section 4.2.
When permeable asphalt or concrete are utilized, the application must be uniform in material
and appearance. Permeable asphalt and concrete shall not be utilized simultaneously on a
property or within a contiguous off-street parking area. If permeable asphalt or concrete is
utilized in off-street parking applications along with conventional materials, the permeable and
conventional materials shall be of the same type and of similar appearance. (As amended by
Ordinance No. 480-VVVV.)
If an approved permeable pavement is proposed to be used for parking areas for the purposes
of calculating stormwater utility system fees, the developer may be credited at a fifty percent
(50%) rate for the total square footage of off-street parking area on which permeable
pavement, as defined, is utilized on the site.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* All mechanical equipment must be screened of view from right-of-ways and residential
properties in accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
* It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and
will require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
* The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must
be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street
Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
Case No. Attachment C
ZA17-099 Page 7
* 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
ZA17-099 Page 1
SURROUNDING PROPERTY OWNERS & RESPONSES
Owner Zoning Address Acreage Response
1. BTR-8 SOUTHLAKE LLC SP2 2707 E SOUTHLAKE BLVD 5.76 NR
2. ORION SKY PROPERTIES LLC SP2 2757 E SOUTHLAKE BLVD 3.61 NR
3. TRUEZERO PROPERTIES LLC SP1 305 S NOLEN DR 1.56 NR
4. PONY INVESTMENTS LLC SP2 405 S NOLEN DR 2.53 NR
5. HARBOR TOWN PARTNERS LP SP2 415 S NOLEN DR 2.73 NR
6. GATEWAY CHURCH SP1 500 S NOLEN DR 5.54 NR
7. SOUTHLAKE FLEX PROPERTIES LLC I1 525 S NOLEN DR 1.63 NR
8. SOUTHLAKE FLEX PROPERTIES LLC I1 535 S NOLEN DR 1.64 NR
9. CHARLESTON COURT LP I1 545 SILICON DR 2.59 NR
10. FS BUILDING LLC I1 530 S NOLEN DR 1.07 NR
11. SOUTHLAKE FLEX PROPERTIES LLC I1 545 S NOLEN DR 1.62 NR
12. GATEWAY CHURCH I1 540 S NOLEN DR 1.55 NR
13. FULBRIGHT MAYS TRUST I1 2825 EXCHANGE BLVD 1.15 NR
14. FOBT PROPERTIES LP SP2 515 S NOLEN DR 1.55 NR
15. SEVENINVEST LLC SP2 505 S NOLEN DR 2.65 NR
16. CHARLESTON COURT LP O1 530 SILICON DR 4.85 NR
17. 1700LACY LLC I1 2815 EXCHANGE BLVD 1.76 NR
18. DRS GROUP LLC I1 2819 EXCHANGE BLVD 0.93 NR
19. CARBIUM CAPITAL LLC SP1 410 S NOLEN DR 0.60 NR
20. CARBIUM CAPITAL LLC SP1 416 S NOLEN DR 0.60 NR
21. MYAN PLAZA LP O1 520 SILICON DR 1.43 NR
22. CARBIUM CAPITAL LLC SP1 512 SILICON DR 0.65 NR
23. CARBIUM CAPITAL LLC SP1 516 SILICON DR 0.73 NR
Case No. Attachment D
ZA17-099 Page 1
24. CARBIUM CAPITAL LLC SP1 508 SILICON DR 0.66 NR
25. SHANKLIN, HAROLD EST AG 2627 E SOUTHLAKE BLVD 3.88 NR
26. ZADA M WHITE ESTATE TRUST AG 2450 CROOKED LN 12.94 NR
27. MPA SOUTHLAKE MOB LLC SP1 300 S NOLEN DR 1.84 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-three (23)
Responses Received: None (0)
Case No. Attachment E
ZA17-099 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-736
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 1R AND A PORTION OF LOT 2R1R, BLOCK
5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.14
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT AND “S-P-2”
GENERALIZED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT WITH “O-1” USES TO INCLUDE AMBULATORY SURGERY
CENTER AS A PERMITTED USE, AS DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential and other purposes,
and to amend said ordinance and map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site
Plan District and “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning
Ordinance; and,
Case No. Attachment E
ZA17-099 Page 2
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using
the facilities in the area immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and effect of
such lights on established character of the neighborhood; location, lighting and types of signs
and relation of signs to traffic control and adjacent property; street size and adequacy of width
for traffic reasonably expected to be generated by the proposed use around the site and in the
immediate neighborhood; adequacy of parking as determined by requirements of this ordinance
for off-street parking facilities; location of ingress and egress points for parking and off -street
loading spaces, and protection of public health by surfacing on all parking areas to control dust;
effect on the promotion of health and the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilitie s; 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 t he 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,
Case No. Attachment E
ZA17-099 Page 3
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Lot 1R and a portion of Lot 2R1R, Block 5, Cornerstone
Business Park, an addition to the City of Southlake, Tarrant County, Texas, being
approximately 2.14 acres, and more fully and completely described in Exhibit “A”
from “S-P-1” Detailed Site Plan District and “S-P-2” Generalized Site Plan District
to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan
attached hereto and incorporated herein as Exhibit “B”, and subject to the
following conditions:
Case No. Attachment E
ZA17-099 Page 4
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 des cribed
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; 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,
Case No. Attachment E
ZA17-099 Page 5
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 s everable 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
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,
Case No. Attachment E
ZA17-099 Page 6
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 ____, 2018.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2018.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment E
ZA17-099 Page 7
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA17-099 Page 8
EXHIBIT “A”
Being described as Lot 1R and a portion of Lot 2R1R, Block 5, Cornerstone Business Park, an
addition to the City of Southlake, Tarrant County, Texas, and more fully and completely
described as follows:
Reserved for Metes and Bounds Description
Case No. Attachment E
ZA17-099 Page 9
EXHIBIT “B”
Reserved for approved plans