Item 5Case No.
ZA18-0034
S T A F F R E P O R T
November 2, 2018
CASE NO: ZA18-0034
PROJECT: Zoning Change and Site Plan for Central Market Curbside Pick Up
EXECUTIVE
SUMMARY: On behalf of Carroll/1709, Ltd., Cates-Clark & Associates, LLP is requesting
approval of a Zoning Change and Concept/Site Plan for Central Market Curbside
Pick Up on property described as Lots 1-6, Block 1, Shops of Southlake, an
addition to the City of Southlake, Tarrant County, Texas, and located at 251 and
275 S. Carroll Ave. and 1201-1451 E. Southlake Blvd., Southlake, Texas. Current
Zoning: “S-P-2” Generalized Site Plan District. Proposed Zoning: “S-P-2”
Generalized Site Plan District. SPIN Neighborhood #8.
DETAILS: The proposed curbside pick up with covered parking spaces are in front of Central
Market and the Toy Maven in the Shops of Southlake at the southeast corner of E.
Southlake Blvd. and S. Carroll Ave.
The primary purpose for the zoning change is to allow covered parking spaces as a
permitted accessory use and structure for curbside pickup at Central Market. The
proposed improvements include five (5) covered pickup spaces adjacent to the
expansion, an expansion into the space currently occupied by The Toy Maven, and
three (3) designated spaces across the driveway from the expansion. The existing
parking lot landscaping island with one canopy tree and ground cover in front of the
proposed expansion area is proposed to be removed.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider approval of a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated September 28, 2018
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-454a
Full Size Plans (for Commission and Council members only )
PowerPoint Presentation
Narrative and Regulations
Plans
Corridor Planning Committee Report
SPIN meeting Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Department of Planning & Development Services
Case No. Attachment A
ZA18-0034 Page 1
BACKGROUND INFORMATION
OWNER: Carroll/1709, Ltd.
APPLICANT: Cates-Clark & Associates, LLP
PROPERTY SITUATION: In front of Central Market and the Toy Maven in the Shops of Southlake at
the southeast corner of E. Southlake Blvd. and S. Carroll Ave.
LEGAL DESCRIPTION: Lots 1-6, Block 1, Shops of Southlake
LAND USE CATEGORY: Town Center
CURRENT ZONING: “S-P-2” – Generalized Site Plan District
PROPOSED ZONING: “S-P-2” – Generalized Site Plan District
HISTORY: -A rezoning and concept plan for “S-P-2” zoning was approved in May of
1996.
-A revised concept plan was proposed in 1999 and deemed to be
inconsistent with the “S-P-2” zoning by the Southlake Zoning Board of
Adjustments.
-City Council approved a Zoning and Concept Plan (ZA05-022) to “S-P-2”
Generalized Site Plan District on May 17, 2005.
-A Preliminary Plat (ZA05-023) was also approved by City Council on May
17, 2005.
-A Final Plat (ZA05-096) was approved in September 2005.
-A Site Plan (ZA05-095) was approved October 4, 2005 for the majority of
the site.
- A Site Plan (ZA05-156) for building A3 was approved February, 21, 2006.
- A Site Plan (ZA08-079) for buildings A1, A2 and E was approved October
7, 2008.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation is Town Center.
Town Center
Purpose: The purpose of the Town Center land use district is to encourage
the creation of a pedestrian-oriented, mixed-use urban environment that
serves as Southlake’s downtown and center of community life.
Definition: The Town Center land use designation is intended to enhance
and promote the development of the community’s downtown. The goal is to
create an attractive, pedestrian-oriented environment that becomes the
center of community life in Southlake. It may include compatibly designed
retail, office, cultural, civic, recreational, hotel and residential uses. All uses
shall be developed with a great attention to design detail and will be
integrated into one cohesive district or into distinct sub-districts, each with
its own unique characteristics. A mix of different uses is encouraged to
create a vibrant, lively, and unique environment.
Case No. Attachment A
ZA18-0034 Page 2
TREE PRESERVATION: One existing canopy tree is proposed to be removed in the existing parking
lot landscape island.
CITIZEN INPUT: The following meetings were held to discuss the development:
A SPIN meeting for this project was held on September 25, 2018.
A 2035 Corridor Planning Committee meeting was held on September 12,
2018.
PLANNING AND ZONING
COMMISSION: October 4, 2018, A motion to table this item to the October 18, 2018
meeting at the request of the applicant was approved (5-0).
October 18, 2018, A motion to table this item to the November 8, 2018
meeting at the request of the applicant was approved (5-0).
STAFF COMMENTS : Attached is Site Plan Review Summary No. 2, dated September 28, 2018.
APPLICABLE
REGULATIONS:
General Development Standards Applies Comments
Overlay Regulations Y Airport, Corridor and Residential Adjacency
Building Articulation N/A Not Applicable
Masonry Standards Y Complies
Impervious Coverage Y Complies
Bufferyards Y Complies – no changes to existing bufferyards
Interior Landscape Y Removing one landscape island
Tree Preservation Y Removing one canopy tree
Sidewalks Y Complies – sidewalks are existing
Case No. Attachment B
ZA18-0034 Page 1
Case No. Attachment C
ZA18-0034 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA18-0034 Review No.: Two Date of Review: 09/28/18
Project Name: Site Plan – Central Market Curbside Pick Up
APPLICANT: Bob Pruett OWNER: David C. Palmer
Cates-Clark and Associates, LLP Carroll/1709, Ltd.
14800 Quorum Dr., #200 3102 Maple Ave., #350
Dallas, TX Dallas, TX
Phone: (972) 385-2272 Phone: (214) 720-6600
E-mail: rpruett@cates-clark.com E-mail: dpalmer@weitzmangroup.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
09/17/18 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 RICHARD SCHELL AT (817) 748-8602.
1. An amended plat that conforms to the underlying zoning district must be recorded with the County
prior to the issuance of any building permits.
2. Please provide a narrative letter with details of the request.
3. Provide dimensioned architectural elevations to scale of the proposed covered parking structures
with all materials labeled. The color of the metal canopy is labeled to match the existing steel black
canopies on the retail storefront. The existing black canopies are on the Jordan & Taylor space to
the west of the proposed expansion area.
* The property is within the Corridor Overlay Zone, so exposed structural support columns shall be
constructed of, or clad in, the same masonry material as the principal structure. The columns have
been revised to meet the ordinance requirements.
* All lighting must comply with the lighting requirements for the Shops of Southlake and the
Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and
spill-over.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
LANDSCAPE COMMENTS:
* To construct the covered parking spaces, one (1) existing landscape canopy tree and some
ground cover plant material are proposed to be removed. The required parking lot landscape area
for the parking row is still being met after the removal of the island.
* Indicates informational comment.
# Indicates required items comment.
Case No. Attachment C
ZA18-0034 Page 2
Public Works/Engineering Review
Kevin Ferrer, P.E.
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
No comments.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
No comments.
General Informational Comments
* A SPIN application has been submitted for the September 25, 20108 meeting.
* 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 requirements for the Shops of Southlake and the
Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and
spill-over.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* 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.
* 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
ZA18-0034 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1. TOWN SQUARE VENTURES LP DT 141 GRAND AVE 3.62 NR
2. TOWN SQUARE VENTURES LP DT 115 GRAND AVE 0.38 NR
3. TOWN SQUARE VENTURES LP DT 112 STATE ST 0.38 NR
4. SOUTHLAKE, CITY OF DT 1400 E SOUTHLAKE BLVD 0.94 NR
5. TOWN SQUARE VENTURES LP DT 1430 E SOUTHLAKE BLVD 0.27 NR
6. CARROLL/1709 LTD SP2 1201 E SOUTHLAKE BLVD 8.67 NR
7. ALI, ZULFIQAR SF20B 300 LAKESIDE CT 0.57 NR
8. JABERI, PARVIZ SF20B 302 LAKESIDE CT 0.51 NR
9. CRAVENS, JANE H SF20B 304 LAKESIDE CT 0.54 NR
10. JACKSON, GREG SF20B 306 LAKESIDE CT 0.70 F
11. MEYER REVOCABLE TRUST SF20B 1302 WESTMONT CT 0.46 NR
12. GRIFFITH, MARK E SF20B 1210 WESTMONT DR 0.79 NR
13. DRAKE, THOMAS E SF20B 1212 WESTMONT DR 0.63 NR
14. DAVIS, JAMES H SF20B 1300 WESTMONT CT 0.47 NR
15. THOMPSON, BRYAN SF20B 1214 WESTMONT DR 0.53 NR
16. ANDRES, JASON B SF20B 1216 WESTMONT DR 0.46 NR
17. PELLETTIERI, J M SF20B 1224 WESTMONT DR 0.46 NR
18. DALY, MARGARET SF20B 1218 WESTMONT DR 0.46 NR
19. KREBS, DEVIN N SF20B 1220 WESTMONT DR 0.46 NR
Case No. Attachment D
ZA18-0034 Page 2
20. ENGELHARDT, ROBERT SF20B 1222 WESTMONT DR 0.46 NR
21. BELLANY, RODNEY SF20B 308 LAKESIDE CT 0.50 NR
22. NEWLIN, PATRICIA S SF20B 310 LAKESIDE CT 0.47 NR
23. TOWN SQUARE VENTURES IV LP DT 1500 E SOUTHLAKE BLVD 0.28 NR
24. CARROLL/1709 LTD SP2 251 S CARROLL AVE 0.93 NR
25. SOUTHLAKE, CITY OF SP2 1401 E SOUTHLAKE BLVD 0.78 NR
26. CARROLL/1709 LTD SP2 1425 E SOUTHLAKE BLVD 7.38 NR
27. HEALTH CARE REIT INC SP2 1565 E SOUTHLAKE BLVD 4.29 NR
28. CARROLL/1709 LTD SP2 275 S CARROLL AVE 2.43 NR
29. CARROLL/1709 LTD SP2 1451 E SOUTHLAKE BLVD 8.93 NR
30. TOWN SQUARE VENTURES LP DT 140 STATE ST 3.28 NR
31. TOWN SQUARE VENTURES LP DT 1200 E SOUTHLAKE BLVD 1.01 NR
32. EXCEL SOUTHLAKE LP SP1 1035 E SOUTHLAKE BLVD 16.95 NR
33. KARIC, ZLANTAN RPUD 313 WOODSONG WAY 0.59 NR
34. EXCEL SOUTHLAKE LP SP1 300 S CARROLL AVE 2.38 NR
35. GREENWAY-SOUTHLAKE OFFICE
PRTN SP1 1110 E SOUTHLAKE BLVD 1.99
NR
36. CAMBRIDGE 114 INC SP2 1545 E SOUTHLAKE BLVD 5.08 NR
37. CAMBRIDGE 114 INC SP2 1555 E SOUTHLAKE BLVD 3.06 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Twenty-four (24)
Responses Received within 200’: One (1)
Case No. Attachment E
ZA18-0034 Page 0
Case No. Attachment E
ZA18-0034 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-454a
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 1-6, BLOCK 1, SHOPS OF SOUTHLAKE,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS S BEING APPROXIMATELY ##.## 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 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
ZA18-0034 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 ad the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
Case No. Attachment E
ZA18-0034 Page 3
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:
Being described as Lots 1-6, Block 1, Shops of Southlake, an addition to the City
of Southlake, Tarrant County, Texas being approximately ##.## 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 Site
Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the
following conditions:
Case No. Attachment E
ZA18-0034 Page 4
1. List any conditions
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of
land; to avoid undue concentration of population; 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.
Case No. Attachment E
ZA18-0034 Page 5
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment E
ZA18-0034 Page 6
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1 st reading the _____ day of _____, 2016.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2 nd reading the _____ day of _______, 2016.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment E
ZA18-0034 Page 7
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA18-0034 Page 8
EXHIBIT “A”
Being described as Lots 1-6, Block 1, Shops of Southlake, an addition to the City of
Southlake, Tarrant County, Texas being approximately ##.## acres, and more fully and
completely described as follows:
Metes and Bounds Description
Reserved for metes and bounds description
Case No. Attachment E
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EXHIBIT “B”
Reserved for approved Site Plan