Item 7BCase No.
ZA17-100
S T A F F R E P O R T
March 13, 2018
CASE NO: ZA17-100
PROJECT: Zoning Change and Concept/Site Plan for Stonebridge Park EXECUTIVE
SUMMARY: On behalf of Southlake Neurology Properties, Mitchell Builders Inc. is
requesting approval of a Zoning Change and Concept/Site Plan for property
described as Lots 2R1, 2R2 and 3R1, Block 1, Stonebridge Park, an addition to
the City of Southlake, Tarrant County, Texas and located at 155, 165 and 175
Stonebridge Lane, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site
Plan District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN
Neighborhood # 11.
DETAILS: The Stonebridge Park development is located on the north side of W. Southlake
Blvd., immediately west of Jellico Square and across the street from the Cantex
nursing facility.
The purpose of the request is to amend architectural design criteria and receive
site plan approval for Lot 3R1 only. All other previously approved uses,
regulations and conditions of the current “S-P-2” Generalized Site Plan District
and concept plan are to remain.
SITE DATA:
Site Data Table for Lot 3R1
Component Proposed Approved under 480-548
Zoning S-P-2 with O-1 uses S-P-2 with O-1 uses
Land Use Office Commercial Office Commercial
Site Acreage 1.468 acres 1.468 acres
Total Building Footprint 9,900 sf 9,900 sf
Square Footage by Use:
Lease Area 1
Lease Area 2
Riser
Neurology Office
2,250 sf
2,350 sf
50 sf
5,250 sf
N/A
Building Lot Coverage 15% 15%
Impervious Lot Coverage 49% 48%
Parking Required 56 sp 54 sp (1:186)
Parking Provided 56 sp 56 sp
Department of Planning & Development Services
Case No.
ZA17-100
DEVELOPMENT
REGULATIONS: Proposed “S-P- 2” Zoning, Ordinance No. 480-548a (ZA17-100)
All uses and regulations to remain as permitted and depicted upon the
approved concept plan under Ordinance No. 480-548, but to also allow the
alternate architectural building design as depicted on the attached elevations
for Lot 3R1 only.
Existing “S-P-2” Zoning Ordinance No. 480-548 (ZA07-132)
Lots 2R1, 2R2 and 3R1, Block 1, Stonebridge Park
The “O-1” Office District uses which include limited retail uses and regulations
are currently as shown below:
The "S-P-2" zoning will follow the "O-1" Office District with regard to permitted
uses and development regulations with the following exceptions:
The following retail uses shall be included as permitted uses:
o Photographs, portrait or camera shops
o Florist or gift shops
o Shoe repair shops
o Optical goods
o Restaurants without drive through windows
Parking: An overall ratio of 1 space per 186 square feet of building area
shall be used in calculating required parking for the entire site
Screening: A six (6) foot high wrought iron fence along the north and east
property lines shall be permitted
Bufferyards: Bufferyards along interior lot lines shall not be required
Impervious Coverage: The overall site shall not exceed 65% impervious
coverage; however, individual lots shall not exceed 71% impervious
coverage
*See concept plan and associated exhibits
The following variances have been previously approved:
Driveway Stacking: A stacking depth of 50 feet is required for the
proposed driveways on Stonebridge Lane. The applicant is requesting
stacking depths of 27 feet, 19 feet and 0 feet. (Driveway Ord. No. 634,
Section 5.2.d)
Driveway Spacing: The minimum driveway spacing required is 100 feet
between driveway centerlines on a local street. The applicant is
requesting a distance of ±30 feet from the northernmost drive to the off-
site driveway to the north. (Driveway Ord. No. 634, Section 5.1)
Street R.O.W.: The minimum R.O.W. width for a local commercial street is
60 feet with a pavement width of 36 feet. The applicant is requesting a
R.O.W. width of 40 feet and a pavement width of 30 feet. (Subdivision
Ord. No. 483, Section 5.02.A)
ACTION NEEDED: Consider Approval of 1st Reading for Zoning Change and Concept/Site
Plan
Case No.
ZA17-100
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Revised Site Plan Review Summary No. 3, dated March 13, 2018
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-548A
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to “S-P-2” Regulations
Link to Narrative
Link to Plans
Link to SPIN meeting report
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No. Attachment A
ZA17-100 Page 1
BACKGROUND INFORMATION
OWNER: Southlake Neurology Properties
APPLICANT: Mitchell Builders Inc.
PROPERTY SITUATION: 155, 165 and 175 Stonebridge Lane
LEGAL DESCRIPTION: Lots 2R1, 2R2 and 3R1, Block 1, Stonebridge Park
LAND USE CATEGORY: Office Commercial and 100-Year Flood Plain
CURRENT ZONING: “S-P-2” Generalized Site Plan District
PROPOSED ZONING: “S-P-2” Generalized Site Plan District
HISTORY: -A change of zoning to “S-P-2” Generalized Site Plan District was
approved for Stonebridge Park by City Council on September 18, 1996.
-City Council approved a site plan for an animal hospital on August 5,
1997 on what is now Lot 1.
-City Council approved a preliminary plat for Stonebridge Park on
October 7, 1997. (ZA97-123)
-A final plat for Lot 1 was approved by P&Z on October 23, 1997. (ZA97-
133)
-P&Z approved a final plat for Lots 2 – 6 on January 22, 1998. (ZA97-
178)
-A revised site plan for the animal hospital on Lot 1 was approved by
City Council on March 19, 2002. (ZA02-012)
-City Council approved a change of zoning to “S-P-2” and concept plan
on May 3, 2005. (ZA04-047)
-A revised preliminary plat and plat revision were approved by City
Council on April 18, 2006. (ZA05-151 & 152)
-A zoning change and site plan was approved February 5, 2008 for
Cantex senior facility. (ZA07-131)
-A zoning change and concept plan was approved February 5, 2008 for
Lots 2R1, 2R2 and 3R1. (ZA07-132)
-A plat revision and preliminary plat were approved August 19, 2008.
(ZA08-058 & 060)
-A site plan for Lot 2R2 was approved August 18, 2009. (ZA09-028)
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for
the site is Office Commercial which is
defined in the Southlake 2035 plan as
follows:
“The Office Commercial category is a
commercial category designed and
intended for the exclusive use of office and
limited office-related activities. It is
established for and will be allocated to
those districts best suited for supporting commercial activity of an office
character. It has been established to encourage and permit general
professional and business offices of high quality and appearance, in
Case No. Attachment A
ZA17-100 Page 2
attractive landscaped surroundings with the types of uses and design
exterior appearance so controlled as to be generally compatible with
existing and future adjacent and surrounding residential development.
Properties with this designation may serve as a transition between
established residential neighborhoods, major roadways, and retail
development.
There were no specific land use recommendations that came out of the
adopted FM1938 Corridor Plan for this location.
Pathways Master Plan & Sidewalk Plan
The applicant is proposing to construct a 5’ sidewalk along the
southwest boundary on Stonebridge Lane.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The development proposes two access driveways onto Stonebridge
Lane and a connection to the adjacent property to the east (Jellico
Square).
There is an existing connection to Jellico Square from the lot directly to
the south (Lot 2R2). And, there is an existing median at the exit drive
onto FM 1709 which forces right-out turns only from the development.
Traffic Impact
A Traffic Impact Analysis (TIA) threshold worksheet was submitted and
reviewed by staff. No TIA will be required for this project.
TREE PRESERVATION: The proposed preservation of existing canopy cover complies with the
Existing Tree Cover Preservation Requirements of the Tree
Preservation Ordinance. The existing tree cover is 76% and a minimum
of 40% of the existing tree cover is proposed to be preserved. The
applicant is proposing to preserve 41% of the existing tree cover.
UTILITIES: Water
There are existing 8” and 6” water lines along Stonebridge Lane that will
serve this property.
Sewer
There is an existing 8” sanitary sewer line along the east side of
Stonebridge Lane that will serve this property.
CITIZEN INPUT: A SPIN meeting was held on December 12, 2017 (SPIN2017-38)
Link to SPIN Report
PLANNING & ZONING
COMMISSION: March 8, 2018; Approved (5-0) subject to the Staff Report dated March
2, 2018 and Site Plan Review Summary No. 3, dated February 27,
2018.
Although not stated in the motion, the Commission recommended the
applicant provide a more detailed color rendering of the proposed
building for City Council consideration; also alternate window
Case No. Attachment A
ZA17-100 Page 3
style/placement regarding small windows on west elevation. The
applicant is working on an updated color rendering and will also provide
a materials sample board for the City Council meeting. The black and
white elevations have been updated and included in the meeting packet
materials.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated February 27, 2018.
General
Development
Standards
Applies? Comments
Overlay Regulations Yes Subject to requirements of Residential Adjacency Overlay
Requirements Met
Building Articulation Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43
Requirement Met
Masonry Standards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43
Requirement Met
Impervious Coverage Yes
Not to exceed 65% for total development; any one lot cannot
exceed 71%. Requirement Met per S-P-2 Regulations. Lot
3R1 proposed at 49%.
Bufferyards Yes
Subject to requirements of Zoning Ordinance No. 480, Sec. 42
Requirement Met. Not required on internal lot boundaries
per S-P-2 Regulations
Interior Landscape Yes Subject to requirements of Landscape Ordinance No. 544-B
(Section 3.3) Requirement Met
Tree Preservation Yes Subject to requirements of Tree Preservation Ordinance No.
585-D Requirement Met
Case No. Attachment B
ZA17-100 Page 1
Case No. Attachment C
ZA17-100 Page 1
REVISED SITE PLAN REVIEW SUMMARY
Case No.: ZA17-100 Review No.: Three Date of Review: 03/13/18
Project Name: Zoning Change & Concept / Site Plan – Southlake Neurology at Stonebridge Park
APPLICANT: Mitchell Builders, Inc. ENGINEER: Di Sciullo-Terry, Stanton & Assoc., Inc.
Terry Mitchell Joyce Stanton
1610 Pheasant Ln.
Southlake, Texas
Phone: 817-366-3042 Phone: 817-275-3361
Email: terry@mitchellbuildersinc.com Email: jstanton@dterry.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/12/18 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER.
Planning Review
Lorrie Fletcher
Planner
Phone: (817) 748-8069
Email:lfletcher@ci.southlake.tx.us
1. The approved concept plan indicates a 10’ Type F-1 bufferyard on the northeast corner of the site.
The submitted landscape plan indicates a 5’ Type A and the submitted site plan indicates a 10’
Type A in that area. The bufferyard chart is also inconsistent. Please provide corrected and
consistent plan exhibits. All associated plans and charts require consistent entries. Please
ensure the comments made by the Landscape Administrator have also been addressed.
(See below).
2. Provide turn radii labels on the site plan. Fire lanes require a minimum 30 foot inside turn radius
and a minimum 54 foot outside turn radius.
3. The site data table lists impervious coverage for Lot 3R1 as 48% on the approved concept plan.
The site data table on the submitted site plan lists impervious coverage at 49%. Please provide
correction or add a S-P-2 zoning regulation allowing impervious coverage at 49% as
shown.
Please be aware when submitting for a building permit, any variation from the approved site plan
or approved elevations and renderings may require a zoning change.
Staff recommends providing a materials sample board.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
Case No. Attachment C
ZA17-100 Page 2
TREE CONSERVATION COMMENT:
1. The color Tree Conservation Plan proposes to mitigate 33” caliper inches of existing tree to be
removed by planting 9 – 4” caliper trees. As long as the proposed tree removal and
preservation complies with the Existing Tree Cover Preservation Requirements outlined within
the Tree Preservation Ordinance, tree removal mitigation would not necessarily be required.
There is no information provided on which trees are specifically being removed and mitigated.
Please clarify.
2. Significant topography grade changes are proposed in the east and south landscape areas
where existing trees are proposed to be preserved. Please ensure that the proposed grading
does not conflict with existing trees proposed to be preserved. A protected tree shall be
considered to be altered if one or more of the following occurs: more than twenty-five percent
(25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its
canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude
the tree will not survive.
* The proposed preservation of existing canopy cover complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover is
76% and a minimum of 40% of the existing tree cover is proposed to be preserved. The
applicant is proposing to preserve 41% of the existing tree cover.
* 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.
* 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, structures grading, and any other structure proposed to be
constructed do not conflict with existing trees intended to be preserved.
INTERIOR LANDSCAPE AND BUFFERYARDS COMMENTS:
1. The color Landscape Plan design does not match the black and white Landscape Plan design.
There is a Red Bud shown on the south east bufferyard that is not shown on the black and
Case No. Attachment C
ZA17-100 Page 3
white Landscape Plan.
2. Label and identify all required and provided bufferyards on the Site Plan.
3. Clearly delineate which existing trees are being used to provide existing tree credits for
required interior landscaping and bufferyard landscaping.
4. Existing tree credits are proposed to be taken for existing trees preserved within the interior
landscape and bufferyard areas. 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
Alejandra 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.
* 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
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
* 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. The
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.
Case No. Attachment C
ZA17-100 Page 4
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
The required backflow protection (double check valve) for the sprinkler system can be located on the
riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If
the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser
rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of
6’X6’ if it is on the riser. (Riser room not indicated on plans)
FIRE HYDRANT COMMENTS:
Fire Department Connection for sprinkler system must be within 100 feet of a fire hydrant, and within
50 feet of fire department fire lane access. (Location of Fire Department Connection is not indicated
on plans) (A remote FDC may be provided to meet distance requirements)
FIRE LANE COMMENTS:
Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius.
(Per 2015 I.F.C. Sec. 503.2.4) (Radius not indicated) (Also, need to clearly label all fire lanes on the
property to determine requirements)
General Informational Comments:
* 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 right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
Case No. Attachment C
ZA17-100 Page 5
* 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.
* 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.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
* Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall,
stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be
considered a masonry material when applied using a 3-step process over diamond metal lath
mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco
finish with equal or greater strength and durability specifications. Synthetic products (e.g.,
EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar
characteristics) shall not be considered a masonry material.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21,
Building Color Standards for Non-Residential Buildings.
* 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.
* Denotes Informational Comment
Case No. Attachment D
ZA17-100 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. WYMER, DAVID SF1-A 235 TIMBERLINE LN 1.89 NR
2. GARNER, ROBERT SF1-A 225 TIMBERLINE LN 1.65 NR
3. S & S LAND HOLDING LLC SP2 165 STONEBRIDGE LN 0.61 NR
4. TUCKER 23 LLC C2 2301 W SOUTHLAKE BLVD 1.34 NR
5. 2325 W SOUTHLAKE LLC C2 2325 W SOUTHLAKE BLVD 0.75 NR
6. DAILY SIX TEXAS INC SP1 2335 W SOUTHLAKE BLVD 0.49 NR
7. GARNER, ROBERT SF1-A 1.56 NR
8. STONEBRIDGE MONTICELLO PRTNS L SP2 155 STONEBRIDGE LN 0.58 NR
9. SOUTHLAKE NEUROLOGY PROPERTIES SP2 175 STONEBRIDGE LN 1.43 NR
10. 437 NORTH MAIN PARTNERS LP SP2 2300 W SOUTHLAKE BLVD 0.82 NR
11. SOUTHLAKE CMC LLC SP2 2340 W SOUTHLAKE BLVD 0.70 NR
12. SOUTHLAKE CROSSING ANI CLINIC C3 2320 W SOUTHLAKE BLVD 0.64 NR
13. ANKINZ LLC SP2 2350 W SOUTHLAKE BLVD 3.76 NR
14. DREWS REALTY GROUP SP2 2345 W SOUTHLAKE BLVD 0.99 NR
15. FIRST CARLYLE CAPITAL FUNDING SP1 170 STONEBRIDGE LN 4.31 NR
16. 437 NORTH MAIN PARTNERS LP SP2 210 RANDOL MILL AVE 3.80 NR
17. FSCF II LLC SP1 150 STONEBRIDGE LN 1.36 NR
18. RISING SUN PROPERTIES LLC SP2 2310 W SOUTHLAKE BLVD 0.91 NR
19. CAMPBELL, DANNY E SF1-A 360 RANDOL MILL AVE 2.76 NR
20. ENDEAVOR CD PROPCO LLC SP2 300 RANDOL MILL AVE 2.12 NR
21. 437 NORTH MAIN PARTNERS LP SP2 250 RANDOL MILL AVE 1.75 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-one (21)
Responses Received: None
City of
Grapevine
Case No. Attachment E
ZA17-100 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-548A
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 LOTS 2R1, 2R2 AND 3R1, BLOCK 1,
STONEBRIDGE PARK ADDITION, BEING APPROXIMATELY 2.70
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN
DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, AS
DEPICTED ON THE APPROVED CONCEPT/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-2” Generalized
Site Plan District under the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment E
ZA17-100 Page 3
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 surfac ing on all parking areas to control dust;
effect on the promotion of health a nd the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands th em, 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
Case No. Attachment E
ZA17-100 Page 4
existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
a.
Case No. Attachment E
ZA17-100 Page 5
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, Texa s. 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 pro vision 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 al l other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
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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 affe ct 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 expr essly 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 i s 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
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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
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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ZA17-100 Page 9
EXHIBIT “A”
Case No. Attachment E
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EXHIBIT “B”