Item 6ACase No. Attachment A
ZA18-016 Page 1
S T A F F R E P O R T
May 29, 2018
CASE NO: ZA18-016
PROJECT: Zoning Change and Site Plan for Lot 7R, Blk 1, Mesco Addition EXECUTIVE
SUMMARY: Baird, Hampton & Brown are requesting approval of a Zoning Change and Site
Plan for professional office development on property described as Lot 7R, Block
1, Mesco Addition, an addition to the City of Southlake, Tarrant County, Texas
and located at 2118 E. SH114, Southlake, Texas. Current Zoning: "S-P-2"
Generalized Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan
District with “O-1” Office District uses. SPIN Neighborhood #4.
DETAILS: The property is generally located near the northwest intersection of N. Kimball
Avenue and State Highway 114; the subject lot is adjacent and to the west of
Chicken Express restaurant and east of the entrance drive into Kimball
Park/Cambria.
On September 17, 1996, City Council adopted Ordinance No. 480-217 with an
associated concept plan comprised of four (4) lots, specifically approving “S-P-
2” Generalized Site Plan District zoning with “C-2” Local Retail Commercial
District uses with an approximately 2,625 square foot drive-through
restaurant/retail building on Lot 7R. Two of the four lots have been developed;
Lot 5A is currently Scooters Superstore/Fuel Station and Lot 6R is currently
Chicken Express. The remaining lot, Lot 4A, is proposed to be rezoned for
office use as well under city case ZA18-017.
The purpose of the request is to rezone Lot 7R and obtain site plan approval to
accommodate the construction of a single story 4,500 square foot office
building.
The Planning and Zoning Commission recommended approval of the item at
their April 5, 2018 meeting with the following conditions:
P&Z Conditions Applicant’s Response
Noting the applicant’s willingness to provide
City Council with renderings of adjacent
properties to include rear landscaping and
any retaining walls and to provide an updated
rendering of the proposed building.
The applicant has provided the
recommended renderings which have been
included in the meeting packet for City
Council consideration.
Department of Planning & Development Services
Case No. Attachment A
ZA18-016 Page 2
SITE DATA:
Site Data Table for Lot 7R
Component Proposed Approved under 480-217
Zoning S-P-1 with O-1 uses S-P-2 with C-2 uses
Land Use Retail Commercial Retail Commercial
Site Acreage 0.74 acres 0.74 acres
Building Area
4,500 sf
Medical – 3,000 sf
General – 1,500 sf
2,625 sf drive-through
restaurant/retail
Impervious Lot Coverage 64.98% Per Approved Plan -
±67.53%
Parking Required *26 sp 27 sp
Parking Provided 26 sp 27 sp
DEVELOPMENT
REGULATIONS:
Professional Offices at 2118 SH-114
USE AND DEVELOPMENT REGULATIONS FOR “SP1” ZONING
PERMITTED USES: Lot 7R
Any use permitted in the “O-1” Office District
DEVELOPMENT REGULATIONS:
This property shall be subject to the development regulations of the “O-1” Office
District, Section 18 of Zoning Ordinance No. 480, as amended, and all other applicable
regulations of Zoning Ordinance No. 480, as amended, with the following exception:
1. When calculating the number of required parking spaces, fractional parking spaces
may be rounded to the nearest whole number, allowing the *26 parking spaces shown
to meet the parking requirement.
ACTION NEEDED: 1. Conduct Public Hearing
2. Consider Approval of 2nd Reading for a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated March 28, 2018
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-742
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to “S-P-1” Regulations
Link to Narrative
Link to Plans
Link to SPIN meeting report
Link to 2035 Corridor Committee Meeting Summary
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No. Attachment A
ZA18-016 Page 3
BACKGROUND INFORMATION
OWNER: Mayse Properties LLC
APPLICANT: Baird, Hampton & Brown
PROPERTY SITUATION: 2118 E. SH114
LEGAL DESCRIPTION: Lot 7R, Block 1, Mesco Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: “S-P-2” Generalized Site Plan District
PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses
HISTORY: -A Rezoning and Concept Plan (Mesco Addition) for S-P-2 zoning was
approved by City Council on October 1, 1996 under Planning Case
ZA96-109 approved “C-2” uses and restaurant pad site with drive thru
service for this site.
-A Final Plat was filed with Tarrant County Plat Records on July 3, 1997
which included Lots 4-7 of the Mesco Addition under Planning Case
ZA96-095.
-A Plat Revision was filed with Tarrant County Plat Records on February
16, 2011 for Lots 6R and 7R, Mesco Addition under Planning Case
ZA10-074.
CITIZEN INPUT: A SPIN meeting was held on January 23, 2018. Link to Spin Report
SOUTHLAKE 2035 PLAN: The proposed rezoning and site plan was presented to the Southlake
2035 Corridor Planning Committee and 2035 Land Use Committee
March 1, 2018. Link to Meeting Report
Consolidated Future Land Use Plan
The 2035 future land use designation
for the site is Retail Commercial which
is defined in the Southlake 2035 plan
as follows:
“The Retail Commercial category is a
lower- to medium-intensity commercial
category providing for neighborhood-
type retail shopping facilities and
general commercial support activities. It
is intended to provide limited local retail
and/or office uses which serve neighborhoods in close proximity. It is
intended that all uses in this category will be compatible with adjacent
single family uses, thereby maintaining the character and integrity of
existing neighborhoods. This category is intended to encourage
comprehensively planned developments. In areas where the Retail
Commercial designation is adjacent to residentially zoned properties or
areas with a residential designation on the Land Use Plan, lower
Case No. Attachment A
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intensity activities such as office or office-related uses should be
planned adjacent to the residential uses. Other suitable activities are
those permitted in the Public Parks/Open Space, Public/Semi-Public,
and Office Commercial categories
There were no specific land use recommendations that came out of the
adopted SH114 Corridor Plan for this location.
Pathways Master Plan & Sidewalk Plan
The applicant is proposing to construct an 8’ sidewalk connecting the
existing adjacent sidewalks along the SH114 frontage road.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The development will be accessed from the existing common access
easement on the east and west adjacent properties.
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: If the trees shown as borderline are able to be preserved, the proposed
preservation of existing canopy cover will comply with the Existing Tree
Cover Preservation Requirements of the Tree Preservation Ordinance.
The critical root zone of the trees indicated as borderline may be
disturbed by paving and/or grading resulting in a possible 0%
preservation. The existing tree cover is 14.5% and a minimum of 70% of
the existing tree cover is to be preserved. If borderline trees are saved,
the tree preservation will result in 73.2%.
The existing tree canopy area that would be lost if any or all of the trees
are affected by the construction are as follows;
12” Oak – 313 sq.ft.
18” Oak – 712 sq.ft.
20” Oak – 1,139 sq.ft.
20” Oak – 1,261 sq.ft.
UTILITIES: Water
There is an existing 12-inch water line on the south side of the lot along
State Highway 114 that will serve this development.
Sewer
There is an existing 10-inch sanitary sewer line also along State
Highway 114 that will serve this development.
PLANNING & ZONING
COMMISSION: April 5, 2018; Approved (6-1) subject to the Staff Report dated March
29, 2018 and Site Plan Review Summary No. 2, dated March 28, 2018,
noting the applicant’s willingness to provide City Council with renderings
of adjacent properties to include rear landscaping and any retaining
walls and to provide an updated rendering of the proposed building.
Case No. Attachment A
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Chairman Forman cast a “NO” vote because he wanted to see the
proposed buildings more consistent with the surrounding architecture
and building materials.
CITY COUNCIL: May 15, 2018; Approved 1st Reading (7-0) subject to the Staff Report
dated May 8, 2018 and Site Plan Review Summary No. 2, dated March
28, 2018 noting the following:
Noting the applicant will be required to maintain the health of the
trees indicated tonight (shown as marginal on the tree
preservation plan) and the bufferyard if those trees do not
survive the construction and post construction and would need to
be replaced working with staff in the Planning Department.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated March 28, 2018.
General
Development
Standards
Applies? Comments
Overlay Regulations Yes Subject to requirements of Corridor 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% under O-1 underlying zoning district
Requirement Met
Parking Yes Required parking per use and square footage equates to 27
spaces. S-P-1 regulation written to allow 26 spaces
Bufferyards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 42
Requirement Met
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-E Requirement only met through anticipated
preservation of marginal trees as shown on the submitted
tree preservation plan for proposed S-P-1 district.
Case No. Attachment B
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Case No. Attachment C
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SITE PLAN REVIEW SUMMARY
Case No.: ZA18-016 Review No.: Two Date of Review: 03/28/18
Project Name: Zoning Change and Site Plan – Lot 7R, Mesco Addition; 2118 E. SH 114
APPLICANT: Baird, Hampton & Brown OWNER: Mayse Properties LLC
Konstantine Bakintas, PE Richard Mayse
3801 William D. Tate, Ste 500 900 E Southlake Blvd., Ste 300
Grapevine, TX Southlake, TX
Phone: 817-251-8550 x301 Phone: 817-421-0770
Email: kb@bhbinc.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/19/18 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
* Based on the square footage proposed for medical and general office use, the required
number of off-street parking spaces is twenty-seven (27) and twenty-six (26) is shown to be
provided. An S-P-1 regulation has been written to allow twenty-six (26) spaces.
* Please note an application for an Amended Plat must be completed and all requirements of
Subdivision Ordinance No. 483, as amended, met before recordation in Tarrant County
records.
* Please verify masonry requirements are being met. Building shall have all exterior walls
constructed using a masonry material covering at least eighty percent (80%) of said walls,
exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walk -way
covers. Ordinance No. 557, as amended, Section 1.a.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* If the protected trees can be successfully preserved the proposed tree preservation would
comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation
Ordinance. There is 14.5% of existing tree cover on the site and a minimum of 70% of the tree
cover is required to be preserved. The applicant is proposing to preserve 73.2% of the existing
tree cover.
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* The existing trees located within the south bufferyard landscape area are proposed to be
preserved but are shown as “Borderline” because the proposed parking, sidewalk, and utilities
alter more than 25% of the tree’s critical root zone area. A protected tree shall be considered
to be altered if more than twenty-five percent (25%) of the critical root zone is adversely
affected. If credits are taken for trees within the bufferyard, replacement will be required if
trees die or are removed.
The existing tree canopy area that would be lost if any or all of the trees are affected by the
construction are as follows;
12” Oak – 313
18” Oak – 712 sq.ft.
20” Oak – 1,139 sq.ft.
20” Oak – 1,261 sq.ft.
* 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;
Case No. Attachment C
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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, structures grading, and any other structure proposed to be
constructed do not conflict with existing trees intended to be preserved.
LANDSCAPE COMMENTS:
* Existing tree credits are proposed to be taken for the south bufferyard required canopy 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, PE
Deputy City Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. 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.
Case No. Attachment C
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3. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
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 construction.
5. The Traffic Impact Analysis threshold worksheet Criteria one indicates twenty seven (26)
parking spaces. Please list the correct number of parking spaces.
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.
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.
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
Fire apparatus access needs to be provided within 150 feet of all exterior portions of the
perimeter of buildings on a “hose-lay” basis for un-sprinkled buildings. Fire apparatus access,
needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide and able to
support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW)
The Fire Lane for this structure must connect to the existing fire lanes on neighboring
properties. (Clearly label all Fire Lanes)
Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn
Case No. Attachment C
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radius. (Per 2015 I.F.C. Sec. 503.2.4) (Radius not indicated)
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.
* 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.
* 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
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SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. VICTRON STORES LP C3 401 N KIMBALL AVE 0.89 NR
2. CHAMATHIL, VARGHESE C3 2300 E SH 114 2.13 NR
3. TATE, JOHN T SP2 2120 E SH 114 0.92 NR
4. MAYSE, RICHARD A SP2 2118 E SH 114 0.75 NR
5. SANDCO HOLDINGS LP SP2 420 N KIMBALL AVE 0.54 NR
6. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR
7. BOWEN SL LTD I1 450 N KIMBALL AVE 0.37 F
8. BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.32 NR
9. FUSSELMAN, BRUCE C3 2100 E SH 114 1.78 NR
10. MDP SOUTHLAKE LLC SP2 2102 E SH 114 1.56 NR
11. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR
12. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR
13. CHAMATHIL, VARGHESE AG 411 N KIMBALL AVE 1.62 NR
14. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 NR
15. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 NR
16. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Fourteen (14)
Responses Received: One – in favor
Case No. Attachment D
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Case No. Attachment E
ZA18-016 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-742
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 7R, BLOCK 1, MESCO ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 0.74 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “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”,
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
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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 propose d use
around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off -street parking facilities; location of ingress and egress
points for parking and off -street loading spaces, and protection of public health by surfacing
on all parking areas to control dust; effect on the promotion of health and the general welfare;
effect on light and air; effect on the over-crowding of the land; effect on the concentration of
population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered
among other things the character of the districts and their peculiar suitability for particular
uses and the view to conserve the value of the buildings, and encourage the most
appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public
interest clearly requires the amendments, and that the zoning changes do not unreasonably
Case No. Attachment E
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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 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 trac t 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 cit y 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 7R, Block 1, Mesco Addition, an addition to the City of
Southlake, Tarrant County, Texas, being approximately 0.74 acres, and more
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fully and completely described in exhibit “A” from “S-P-2” Generalized Site Plan
District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses as
depicted on the approved Site Plan attached hereto and incorporated herein as
Exhibit “B”, and subject to the following conditions:
May 15, 2018; Approved 1st Reading (7-0) subject to the Staff Report dated May 8,
2018 and Site Plan Review Summary No. 2, dated March 28, 2018 noting the
following:
Noting the applicant will be required to maintain the health of the trees
indicated tonight (shown as marginal on the tree preservation p lan) and
the bufferyard if those trees do not survive the construction and post
construction and would need to be replaced working with staff in the
Planning Department.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning ma p 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 Ordi nance 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 respec t 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
Case No. Attachment E
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provision of transportation, water, sewerage, drainage and surface water, parks and other
commercial needs and development of the community. They have been made after a full and
complete hearing with reasonable consideration among other things of the character of the
district and its peculiar suitability for the particular uses and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the
community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of the zoning affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
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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 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 wit hin 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 15th day of May, 2018.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
Case No. Attachment E
ZA18-016 Page 7
PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2018.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA18-016 Page 8
EXHIBIT “A”
Being described as Lot 7R, Block 1, Mesco Addition, an addition to the City of Southlake,
Tarrant County, Texas, being approximately 0.74 acres.
Reserved for legal description document
Case No. Attachment E
ZA18-016 Page 9
EXHIBIT “B”
Reserved for approved Site Plan