Item 6BCase No.
ZA19-0059
S T A F F R E P O R T
October 8, 2019
CASE NO: ZA19-0059 (formerly ZA19-0048)
PROJECT: Zoning Change and Site Plan for Walnut Grove Elementary
EXECUTIVE
SUMMARY: On behalf of Carroll ISD, Hart, Gaugler and Associates is requesting 2nd reading
approval of a Zoning Change and Site Plan for Walnut Grove Elementary on
property described as Lot 1R, Stanford Place Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 2520 N. White Chapel Blvd.,
Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Proposed
Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #1.
DETAILS: The purpose of this request is to seek 2nd Reading approval of a Zoning
Change and Site Plan to include building elevations for previously approved
additions to the west side of Walnut Grove Elementary totaling approximately
6,389 square feet and to replace existing Tuff Track grass areas used for a fire
lane and overflow parking with pervious pavers and stamped concrete. The
building additions are to be constructed to function as storm shelters. Chain link
fence and a gate are proposed to be added to an existing storage area. The
applicant is requesting the following modifications to the previously approved
“S-P-1” Zoning and Site Plan:
• Allow the horizontal and vertical articulation as shown on the elevations
for the additions. The building elevations are in alignment with the
language of the existing buildings on the facility, and it is our intent to
match their aesthetic and detailing. (HB 2439 exemption)
• Allow the existing bufferyards to remain as they exist.
• Chain link fence and a gate are proposed to be added to an existing
outside storage area.
• In areas currently using Tuff Track, allow pervious pavers to be used for
a fire lane and stamped concrete to be used for an overflow parking
area.
• Limited trees will be impacted by the building addition, those that are
removed will not be mitigated.
No other changes to the previously approved “S-P-1” regulations and site plan
are proposed and all previous conditions of approval remain in effect.
Case No.
ZA19-0059
VARIANCE
REQUEST: A variance to the Landscape Ordinance 544-B, Section 3.3 to request relief
from the interior landscaping requirement is requested.
The following variance was approved with the original “S-P-1” Zoning Change
and Site Plan (ZA10-001):
Section 5.2(d) of Driveway Ordinance No. 634 requires a stacking depth of one
hundred feet (100’). A stacking depth of seventy-five feet (75’).
ACTION NEEDED: 1) Conduct a public hearing
2 Consider 2nd Reading approval of a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B ) Vicinity Map
(C) Site Plan Review Summary No. 2, dated September 13, 2019
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-594B
Full Size Plans (for Commission and Council members only)
Link to Presentation
Link to “S-P-1” Regulations and Variance Request Letter
Link to Plans
Link to SPIN Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA19-0059 Page 1
BACKGROUND INFORMATION
OWNER: Carroll ISD
APPLICANT: Hart, Gaugler & Associates, Inc.
PROPERTY SITUATION: 2520 N. White Chapel Blvd.
LEGAL DESCRIPTION: Lot 1R, Stanford Place Addition
LAND USE CATEGORY: Public/Semi-Public
CURRENT ZONING: “S-P-1” Detailed Site Plan District
PROPOSED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: - A plat showing for Lots 1 & 2 Stanford Place Addition was filed July 2,
1979.
- A zoning change and site plan from “SF-1A” Single Family Residential
to “S-P-1” Detailed Site Plan District to allow construction of a new
elementary school was approved by City Council on April 20, 2010
under Planning Case ZA10-001.
- An amended plat for Lot 1R, Stanford Place Addition was filed August
31, 2010 under Planning Case ZA10-003.
- A Zoning Change and Site Plan (ZA11-006) for revisions to allow for
angled parking and modifications to the ADA path and the Tree
Conservation Plan was approved on April 19, 2011.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The underlying land use designation is Public/Semi-Public. The existing
school and the proposed change in zoning are consistent with this
designation.
Mobility and Master Thoroughfare Plan
The Master Thoroughfare Plan recommends N. White Chapel Blvd. to
be a 2-lane collector street with 70 feet of right-of-way. Adequate right-
of-way has been dedicated for this roadway.
Pathways Master Plan & Sidewalk Plan
The existing 8’ multi-use trail along the west side of N. White Chapel
Blvd. is identified on the Pathways Plan.
TRANSPORTATION
ASSESSMENT: Area Roadway Network
Access to the school is from two existing driveways on N. White Chapel
Blvd. A driveway connection to Orchard Hill Drive is gated with a Knox
box for emergency access only. No changes are proposed.
Traffic Impact
A Traffic Impact Analysis (TIA) was submitted for the original Zoning
Change and Site Plan for Walnut Grove Elementary (ZA10-001). A TIA
is not required for the additions.
Case No. Attachment A
ZA19-0059 Page 2
TREE PRESERVATION: Based on the trees that were on site when the property was first
developed, there is approximately 32.40% existing tree cover on the
site, of which, approximately 60.06% is proposed to be preserved. A
standard zoning district requires that a minimum 60% of existing tree
cover be preserved. Eight trees that were shown on the previous Tree
Conservation Plan as to be preserved are shown to be removed.
For property sought to be zoned for the Downtown zoning district or a
planned development zoning district, including an S-P-1 Site Plan, S-P-
2 Site Plan, Transition, Rural Conservation, Planned Unit Development,
or Employment Center zoning district, the City Council shall consider the
application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0).
The Planning and Zoning Commission shall review the application and
make a recommendation to the City Council regarding the application.
The City Council shall approve the Plan or Analysis if the Council finds
that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets,
and utility easements so as to maximize the preservation of
environmental features of the property including mature tree
stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas
indicated on the Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the
potential to buffer residential areas from the noise, glare, and
visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a
natural or man-made drainage creek;
v. maximizes the preservation of existing protected trees along rural
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.
UTILITIES: The property is served by an existing 12” water line along N. White
Chapel Blvd. and an existing 8” water line in Orchard Hill Drive. The
sanitary sewer connects to an 8” line in Orchard Hill Drive.
DRAINAGE: Drainage on the western part of the property flows to a drainage swale
along the western property line which then drains into an existing storm
drain inlet. Drainage on the eastern half of the property will flow to a
drainage ditch along N. White Chapel Blvd. and to a detention pond at
the northeast corner of the property.
Case No. Attachment A
ZA19-0059 Page 3
CITIZEN INPUT/
BOARD REVIEW: SPIN meetings were held for Walnut Grove Elementary on November
23, 2009 and March 29, 2010. A SPIN meeting for the proposed
revisions was held September 24, 2019. Link to SPIN Report
PLANNING AND ZONING
COMMISSION ACTION: September 19, 2019; Approved (5-0) subject to the staff report dated
September 13, 2019 and Site Plan Review Summary No. 2, dated
September 13, 2019 granting the variance on the interior landscape
requirement requested.
CITY COUNCIL ACTION: October 1, 2019; Approved on consent at 1st reading (5-0).
STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated September 13,
2019.
APPLICABLE
REGULATIONS:
General Development Standards Applies Comments
Overlay Regulations N Residential Adjacency (Not subject to per HB 2439)
Building Articulation N “S-P-1” regulation
Masonry Standards N Complies
Impervious Coverage Y Complies
Bufferyards Y “S-P-1” Regulation
Interior Landscape Y Variance
Tree Preservation Y Approved with “S-P-1” zoning
Sidewalks Y Complies
Case No. Attachment B
ZA19-0059 Page 1
Case No. Attachment C
ZA19-0059 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA19-0059 Review No.: Two Date of Review: 09/13/19
Project Name: Site Plan – Walnut Grove Elementary
APPLICANT: John Blacker OWNER: John Haugen
Hart Gaugler & Associates Carroll ISD
12801 N. Central Expy., Suite 1400 2400 N. Carroll Ave.
Dallas, TX 75243 Southlake, TX 76092
Phone: (972) 239-5111 Phone: (817) 949-7064
E-mail: jblacker@hartgaugler.com E-mail: john.haugen@southlakecarroll.edu
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 08/19/19 AND 09/13/19 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. The Site Plan must conform to the underlying zoning. Except as noted in the current submittal,
all previous plans and conditions of approval remain in effect.
2. Revise the City case number to “ZA19-0059“. A new case number has been assigned.
* Although a regulation has been added to allow the articulation as shown, the property is not
subject to the requirements in the Residential Overlay District per HB 2439.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
1. Based on the trees that were on site when the property was first developed, there is
approximately 32.40% existing tree cover on the site, of which, approximately 60.06% is
proposed to be preserved. A standard zoning district requires that a minimum 60% of existing
tree cover be preserved. Eight trees that were shown on the previous Tree Conservation Plan
as to be preserved are shown to be removed. Three of the trees highlighted on the plan were
shown as marginal on the previously approved plan. Please revise the highlighted trees to
identify only the eight trees being removed that were previously shown as to be saved.
* 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.
Case No. Attachment C
ZA19-0059 Page 2
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall
consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0). The Planning and
Zoning Commission shall review the application and make a recommendation to the City
Council regarding the application. The City Council shall approve the Plan or Analysis if the
Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so
as to maximize the preservation of environmental features of the property including
mature tree stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer
residential areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
v. maximizes the preservation of existing protected trees along rural 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 a nd
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.
Case No. Attachment C
ZA19-0059 Page 3
LANDSCAPE COMMENTS:
* The applicant is requesting a variance to the Landscape Ordinance interior landscape and
parking lot requirements, and the Bufferyards Regulations. A variance is requested to allow
relief from the interior and parking lot landscape and bufferyard requirements below.
No additional or replacement landscaping is proposed.
Interior Landscape and Parking Landscape Requirements:
Existing buildings: Buildings in existence on the effective date of this ordinance shall be
considered legally nonconforming as it pertains to this ordinance. New construction greater in
size than 30% of the existing building or greater than 5,000 square feet shall require
compliance with this ordinance as it applies to the entire square footage of the existing building
and proposed addition. New construction intended to increase the square footage by less than
30% of the existing building or less than 5,000 square feet shall be required to meet the
requirements herein only as it pertains to the square footage of the new construction.
All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree
with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color.
Planter islands which have light poles for lighting the parking areas may substitute two (2)
understory/accent trees for the required canopy tree.
Parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to-
edge if no curb is intended, and shall be equal to the length of the parking stall.
Bufferyard Regulations Requirement:
The proposed building addition exceeds 5,000 square feet. New construction which increases
the square footage of the existing building by thirty percent (30%) or greater than or which
exceeds 5,000 square feet shall be required to meet the bufferyard requirements herein. An
“S-P-1” regulation has been added to allow the existing bufferyards to remain as they are.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
If the Fire line connection just past the hydrant is to be intended as "Public" (Water Line A) then there
needs to be an isolation valve just in front of the vault for the DDC. This separates the public from the
private fire line. Unless line A is private beyond the isolation valve called out at the hydrant.
Fire Department Review
Kelly Clements
Case No. Attachment C
ZA19-0059 Page 4
Deputy Fire Chief/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 systems 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 m ain, the double check valve shall be
in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or
a minimum of 6’X6’ if it is located on the riser. (Label riser room locations)
Fire Department Connections for the sprinkler systems must be within 100 feet of a fire
hydrant, and within 50 feet of fire department fire lanes on the property. (FDC location not
indicated on the plans) Add FDC location, wall mount or remote connection to meet the
distance requirements.
FIRE LANE COMMENTS:
Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, 24 feet wide
and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW)
(Ensure fire lane is replaced with appropriate material to meet the requirements after the Tuff
Track Grass Pavers are removed).
Transportation Manager Review
Stephanie Taylor, P.E., PTOE
Transportation Manager
Phone: (817) 748-8216
E-mail: staylor@ci.southlake.tx.us
No comments.
Case No. Attachment C
ZA19-0059 Page 5
General Informational Comments
* A SPIN meeting was held September 24, 2019.
* 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 rights-of-way 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.
* Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.13.a.1 is
required on proposed buildings.
* 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.
* 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, fully corrected plans
must be submitted for approval and all required fees must be paid.
* Denotes Informational Comment
Case No. Attachment D
ZA19-0059 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. KELLY, CAROL RPUD 416 MARSHALL RD 0.65 NR
2. SHARKEY, PATRICIA RPUD 404 MARSHALL RD 0.57 NR
3. LAMAR, JAMES P RPUD 406 MARSHALL RD 0.60 NR
4. NELSON, RODNEY K RPUD 417 MARSHALL RD 0.50 NR
5. VERHEYDEN, COLLIN N RPUD 2801 LINDEN LN 0.58 NR
6. FULLER, CHAD RPUD 402 MARSHALL RD 0.53 NR
7. SCHELLING, MARTIN W AG 2665 N WHITE CHAPEL BLVD 9.94 NR
8. EDDINS, SUSAN K RPUD 411 MARSHALL RD 0.83 NR
9. NSL PROPERTY HOLDINGS LLC RPUD 413 MARSHALL RD 0.71 NR
10. BIRCHFIELD, B J RPUD 409 MARSHALL RD 0.70 NR
11. JAHRAUS LIVING TRUST RPUD 405 MARSHALL RD 0.69 O
12. MARSHALL, BRYAN RPUD 403 MARSHALL RD 0.81 NR
13. IRELAND, GRANT RPUD 407 MARSHALL RD 0.66 NR
14. GINTHER, MARK T RPUD 400 MARSHALL RD 0.71 NR
15. HADLEY, ROBERT AG 2573 N WHITE CHAPEL BLVD 1.90 NR
16. BRIARWOOD LIVING TRUST RPUD 2804 TYLER ST 0.72 NR
17. MESENBRINK, DANIEL S RPUD 2801 TYLER ST 0.67 NR
18. COTTINGHAM, BRENT A RPUD 2802 TYLER ST 0.72 NR
Case No. Attachment D
ZA19-0059 Page 2
19. KIRKWOOD HOLLOW HO ASSOC RPUD 2800 TYLER ST 0.70 NR
20. KIRKWOOD HOLLOW HO ASSOC RPUD 2798 TYLER ST 0.09 NR
21. SOWELL, JERALD RPUD 201 STOCKTON DR 0.47 NR
22. SOUTHLAKE, CITY OF RPUD 2523 N WHITE CHAPEL BLVD 0.67 NR
23. SCHLAMP, NEAL M RPUD 200 STOCKTON DR 0.36 NR
24. KHURSHID, ANWAR RPUD 406 ORCHARD HILL DR 0.57 NR
25. KIRKWOOD HOLLOW HO ASSOC RPUD 416 ORCHARD HILL DR 0.46 NR
26. KIRKWOOD HOLLOW HO ASSOC RPUD 420 ORCHARD HILL DR 0.14 NR
27. WILDE, OLUSEGUN B RPUD 409 ORCHARD HILL DR 0.49 NR
28. MILLER, WARD RPUD 405 ORCHARD HILL DR 0.46 NR
29. KLOPFER, JOHN D RPUD 413 ORCHARD HILL DR 0.40 NR
30. RATH, SIDDHAARTHA RPUD 204 STOCKTON DR 0.40 NR
31. SRI LIVING TRUST RPUD 417 ORCHARD HILL DR 0.51 NR
32. PEI, RONALD C RPUD 404 ORCHARD HILL DR 0.38 NR
33. TATE, ROBERT AG 2455 N WHITE CHAPEL BLVD 1.14 NR
34. BROWN, DAN G RPUD 205 STOCKTON DR 0.40 NR
35. KIRKWOOD HOLLOW HO ASSOC RPUD 421 ORCHARD HILL DR 0.74 NR
36. O'BRIAN, DOUGLAS RPUD 208 STOCKTON DR 0.37 NR
37. GILDENBLATT, JAMES RPUD 414 COPPERFIELD ST 0.41 NR
38. WILLIAMS, BRIAN D SF1-A 2525 N WHITE CHAPEL BLVD 1.91 NR
39. TUTLE, PAUL RPUD 415 MARSHALL RD 1.17 NR
40. VAUGHAN, WILLIAM H RPUD 401 MARSHALL RD 0.92 NR
41. SOUTHLAKE, CITY OF RPUD 2950 N WHITE CHAPEL BLVD 2.29 NR
42. CARROLL, ISD SP1 2520 N WHITE CHAPEL BLVD 17.61 NR
43. SCHELLING, MARTIN W AG 2735 N WHITE CHAPEL BLVD 1.05 NR
44. WILLIAMS, BRIAN AG 2465 N WHITE CHAPEL BLVD 4.50 NR
45. WILLIAMS, BRIAN D SF1-A 2535 N WHITE CHAPEL BLVD 1.50 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-six (36)
Responses received: One (1)
Case No. Attachment D
ZA19-0059 Page 3
Case No. Attachment E
ZA19-0059 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-594B
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
DESCRIBED AS LOT 1R, STANFORD PLACE ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE
PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT
USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS”
COMMUNITY SERVICE DISTRICT USES, AS DEPICTED ON
THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential and other
purposes, and to amend said ordinance and map for the purpose of promoting the public
health, safety, morals and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “S -P-1” Detailed
Case No. Attachment E
ZA19-0059 Page 2
Site Plan District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called
by the City Council did consider the following factors in making a determination as to whether
these changes should be granted or denied: safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and
effect of such lights on established character of the neighborhood; location, lighting and types
of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the p roposed 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 cha nges, that the public demands them, that the public
Case No. Attachment E
ZA19-0059 Page 3
interest clearly requires the amendments, and that the zoning changes do not unreasonably
invade the rights of those who bought or improved property with reference to the
classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps 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 an d 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 hereinaf ter described areas
be altered, changed and amended as shown and described below:
Case No. Attachment E
ZA19-0059 Page 4
Being legally described as Lot 1R, Stanford Place Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the Plat recorded in
Volume 388-128, Page 79, Plat Records, Tarrant County, Texas, and more fully
and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District
to “S-P-1” Detailed Site Plan District with “CS” Community Service District uses
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
ZA19-0059 Page 5
S-P-1 Regulations approved April 20, 2010 (Ord. No. 480-594)
Case No. Attachment E
ZA19-0059 Page 6
Council conditions of approval at second reading April 20, 2010 (Ord. No. 480-594):
1. Reserving the right as City Council that the Director of Public Safety will notify
Council if there becomes a safety or any other issue with access for the
surrounding area regarding the pedestrian gate and Council can direct that the
gate be closed;
2. Requiring that access to the drive onto Orchard Hill Drive will be for emergency
access only and that it will be accessed by a Knox box;
3. Requiring that the fence that is put up by Carroll ISD is to be maintained to City
standards throughout the life of the fence;
4. Requiring that the trees on the south side by the Kirkwood Hollow pool will be
moved to protect more open areas affecting residents and requiring CISD to
work with City staff on the placement of those trees;
5. Granting the requested variance to stacking depth.
Case No. Attachment E
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Revisions to previously approved zoning (Ord. No. 480-594a):
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Council conditions of approval at second reading April 19, 2011 (Ord. No. 480-594a):
1. Noting the applicant’s willingness to not encroach into the buffer any closer than the
existing curb,
2. Noting that all drawings and plans that were presented tonight will be part of the motion;
3. Noting the 2’ retaining wall will be 240’ with a 10’ slope on the White Chapel (east) end and
the west end will terminate into the elevation and will not be tapered plus there will be an
8’ fence on top of the retaining wall that will run the length of Lot 9, Block 2;
4. Noting the applicant’s willingness to work with the homeowner (Lot 9, Block 2), and that
the homeowner will be allowed to position the trees on the CISD property with the help of
the CISD landscaper and City landscaper;
5. Subject to all landscaping plans as presented this evening;
6. All trees on the CISD site will have bubblers;
7. The trees that will be planted in the buffer at the end of Lot 9, Block 2 and extending past
are live oaks that will be a minimum of 6 caliper inches and eastern red cedars that are 10’
to 12’ tall and 5’ to 6’ wide;
8. The applicant has agreed to work with the City to review drainage after all work is complete
with ongoing follow up;
9. The residents will be allowed to tie into the school fence at homeowners expense, but CISD
will work with the homeowners to hopefully offer a better price on fence demo on the
homeowners property;
10. Noting that CISD is willing to place the smooth side of the fence toward the homeowners
property, but that would require a consensus of homeowners to remove their existing
fences.
11. Requesting the City attorney to provide an agreement granting a temporary easement to
install landscaping on private property; It will be the resident’s responsibility to maintain
those trees; the easement is granted solely for the purpose of resolving this dispute
between CISD and the residents; City staff is directed to use reforestation funds to plant up
to three live oak trees up to 6 caliper inches on the resident’s property at Lot 9, Block 2;
12. Subject to staff report dated April 13, 2011 and including all changes to the site plan as
presented.
Revisions to previously approved zoning (Ord. No. 480-594B):
Reserved for revised “S-P-1” letter and City Council motion.
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 Zo ning Ordinance and all
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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 af ter 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.
Case No. Attachment E
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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
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 on e time within ten (10) days after passage of this
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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 1st day of October, 2019.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ___ day of ____, 2019.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
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EXHIBIT “A”
Being described as a Lot 1R, Stanford Place Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the Plat recorded in Volume 388 -128, Page 79, Plat
Records, Tarrant County, Texas.
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EXHIBIT “B”
Reserved for Approved Plans