Item 7ACase No.
ZA20-0027
S T A F F R E P O R T
August 11, 2020
CASE NO: ZA20-0027
PROJECT: Zoning Change and Site Plan for USPI All Star Medical Office
EXECUTIVE
SUMMARY: On behalf of All Star MOB, LLC, E4H Architecture is requesting approval of
a Zoning Change and Site Plan for USPI All Star Medical Office on property
described as Lots 1 & 2, Block 1, Tower Plaza, an addition to the City of
Southlake, Tarrant County, Texas and located at 905 and 925 E. Southlake
Blvd., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District.
Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #9.
DETAILS: The property is located at the southwest corner of E. Southlake Blvd. and
Tower Blvd., north of Zena Rucker Rd.
A Zoning Change and Site Plan (ZA15-139) for Tower Plaza that included a
two-story, 43,000 square foot medical center/hospital on the southern portion of
the property (Building 1) and one two-story, 25,000 square foot office building
along E Southlake Blvd. (Building 2) was approved by City Council March 1,
2016.
A Zoning Change and Site Plan (ZA16-038) to increase the size of the
southernmost building (Building 1) from 43,000 square feet to 46,735 square
feet and to add seven (7) parking spaces to the site was approved by City
Council on June 7, 2016.
The purpose of this request is to seek approval of a Zoning Change and Site
Plan to revise the elevations of the previously approved Building 2. This item
was tabled at the June 4, 2020 Planning and Zoning Commission meeting so
that the applicant could revise the elevations and renderings based on
feedback from the Commission. The applicant presented revised elevations and
renderings to the 2035 Corridor Planning Committee on June 24, 2020 and
those plans were approved by the Planning and Zoning Commission on August
6, 2020. A request to increase the gross floor area of the previously approved
Building 2 from 25,000 square feet to approximately 25,201 square feet was
also presented at the June 4, 2020 Planning and Zoning Commission meeting.
The proposed floor area was reduced to approximately 23,569 square feet on
the Site Plan presented at the August 6, 2020 Planning and Zoning
Commission meeting. The reduction in floor area from the previously approved
plans for Building 2 does not require approval of a Zoning Change and Site by
City Council following a recommendation by the Planning and Zoning
Commission, so the purpose of the Zoning Change and Site Plan is only to
revise the elevations and renderings.
Case No.
ZA20-0027
No changes to the previously approved “S-P-1” permitted uses and
development regulations or to the existing Building 1 are proposed and all
previous conditions of approval remain in effect.
The Planning and Zoning Commission recommended approval of the item (6-0)
at their August 6, 2020 meeting with the following condition:
P&Z Condition Applicant’s Response
Address the aesthetics and
design of the front door.
The applicant has provided an additional Site Plan (SD-100-B)
illustrating the ground floor plan to enhance and visualize the
vehicular and pedestrian circulation and an additional rendering
(SD-111) to enhance and visualize the main entry and the
driveway under the building. The renderings have also been
revised to show glass that better matches the existing Building
1. The applicant will provide revised elevations and renderings
of the front door prior to the City Council meeting on August 18,
2020.
ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 3 dated July 31, 2020
(D) Surrounding Property Owners Map & Responses
(E) Ordinance No. 480-711B
Link to Presentation
Link to Narrative
Link to S-P-1 Regulations
Link to Material Board
Link to Sun Shade Spec Sheet
Link to Plans
Link to Corridor Planning Committee Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA20-0027 Page 1
BACKGROUND INFORMATION
PROPERTY OWNERS: All Star MOB, LLC
APPLICANT: E4H Architecture
PROPERTY SITUATION: 905 and 925 E. Southlake Blvd.
LEGAL DESCRIPTION: Lots 1 & 2, Block 1, Tower Plaza
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: “S-P-1” Detailed Site Plan District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: The “C-3” General Commercial Zoning District designation was
assigned to a portion of the property with adoption of Zoning Ordinance
480 in 1989.
A zoning change & site plan (ZA07-124) and a Preliminary Plat (ZA07-
125) to develop approximately 90,000 square feet of professional office
space and change the Zoning from “C-3” General Commercial Zoning
District to “S-P-1” Detailed Site Plan District were approved February 19,
2008 by City Council.
A zoning change and site plan (ZA09-059) to change the northeastern-
most building (Building 3) to a Nursing College use and building and the
two most southern office buildings to a 90-bed personal care/assisted
living facility was withdrawn by the applicant.
A zoning change and site plan (ZA10-041) that kept the layout and
general/medical office use of the two northernmost buildings on the
approved Invitation Park plan, but that proposed a three-story, 64,800
square foot medical center/hospital in place of the five other buildings,
was denied by City Council on August 17, 2010.
A zoning change and site plan (ZA10-054) for Tower Plaza that included
a three-story, 64,800 square foot medical center/hospital on the
southern portion of the property and one two-story, 40,968 square foot
office building along E. Southlake Blvd. was approved by December 7,
2010.
A preliminary plat (ZA11-041) for Lots 1 and 2, Block 1, Tower Plaza
Addition that showed one lot north and one lot south of the future Zena
Rucker Rd. was approved October 4, 2011.
A final Plat (ZA11-042) for Lots 1 and 2, Block 1,Tower Plaza Addition
that showed one lot north and one lot south of the future Zena Rucker
Rd. was approved on October 19, 2011 after no action taken in thirty
(30) days.
Case No. Attachment A
ZA20-0027 Page 2
A preliminary plat (ZA12-012) for Lots 1 & 2, Block 1, Tower Plaza
Addition was approved by City Council on April 17, 2012.
A zoning change and site plan (ZA15-139) for Tower Plaza that included
a two-story, 43,000 square foot medical center/hospital on the southern
portion of the property and one two-story, 25,000 square foot office
building along E Southlake Blvd was approved by City Council March 1,
2016.
A preliminary plat (ZA15-140) for Lots 1 & 2, Block 1, Tower Plaza
Addition was approved by City Council on March 1, 2016.
A final plat (ZA16-021) for Lots 1 and 2, Tower Plaza Addition was
approved on consent by the Planning and Zoning Commission on April
21, 2016 and it was filed April 21, 2017.
A zoning change and site plan (ZA16-038) to increase the size of the
southernmost building (Building 1) from 43,000 square feet to 46,735
square feet and to add seven (7) parking spaces to the site was
approved by City Council on June 7, 2016.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
No changes to the existing driveways on Tower Blvd. and Zena Rucker
Rd. are proposed. An existing driveway stub to the property to the west
is also unchanged with this proposal.
Traffic Impact
A Traffic Impact Analysis (TIA) for Tower Plaza was approved with
previous Zoning Change and Site Plan Case No. ZA15-139. A revised
TIA is not required for the for the proposed revisions.
TREE PRESERVATION: The proposed Tree Conservation Plan complies with the approved
Tower Plaza Tree Conservation Plan. The only additional trees that may
need to be removed are along the west property line and were
designated as Marginal to be preserved on the originally approved
development Tree Conservation Plan.
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:
Case No. Attachment A
ZA20-0027 Page 3
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.
CITIZEN INPUT/
BOARD REVIEW: A 2035 Corridor Planning Committee meeting was held on June 24,
2020. Link to Corridor Planning Committee Report
A SPIN meeting was not held for the proposed revisions.
PLANNING AND ZONING
COMMISSION ACTION: June 4, 2020; Tabled to the August 6, 2020 meeting (6-0).
August 6, 2020; Approved (6-0) subject to the staff report dated July 31,
2020 and Site Plan Review Summary No. 3, dated July 31, 2020, noting
the applicant’s willingness to address the aesthetics and design of the
front door.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated July 31, 2020.
Case No. Attachment B
ZA20-0027 Page 1
Case No. Attachment C
ZA20-0027 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA20-0027 Review No.: Three Date of Review: 07/31/20
Project Name: Zoning Change and Site Plan – USPI All Star Medical Office – Tower Plaza
APPLICANT: E4H Architecture OWNER: All Star MOB, LLC
Jeff Sudman Deann Manchester
501 Elm Street, Suite 500
Dallas, TX 75202
Phone: 817-226-1917 Phone: 972-713-3538
Email: jsudman@e4architecture.com Email: dmanchester@uspi.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/28/20 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
Richard Schell
Principal Planner
Phone: (817) 748-8602
Email: rschell@ci.southlake.tx.us
1. Revise the narrative to describe the changes to the most recent previously approved plans and
regulations (ZA16-038) that are requiring the zoning change (revisions to elevations).
2. The aluminum composite panels shown on the elevations are not a masonry material. Add the
calculations showing the percentage of each façade that is covered in masonry and non-masonry
materials to demonstrate that at least 80% of each façade is covered in a masonry material.
3. Please make the following changes to the Site Plan:
a. Label the adjacent properties and properties across adjoining rights of way with existing
zoning and land use map designation ("L.U.D.=_____"). The following corrections are
needed:
i. Change the land use designation to LUD = Retail Commercial on the property to
the east.
ii. Change the zoning to “AG” on the properties to the west and south.
iii. Change the zoning to “S-P-1” on the property to the east.
iv.
4. Staff recommends providing a material sample board with samples of all exterior materials except
glass.
The following comments are informational only:
* The property is within the Corridor Overlay Zone as defined in Zoning Ordinance No. 480, as
amended, Section 43.5.
a. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section
43.9.c.1.a is required on proposed buildings. Stucco or plaster shall only be allowed when
applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or
by other processes producing comparable stucco finish with equal or greater strength and
Case No. Attachment C
ZA20-0027 Page 2
durability specifications. The use of synthetic products (e.g., EIFS – exterior insulation and
finish systems, hardy plank, or other materials) shall not be considered as masonry
material.
b. Horizontal and vertical articulation meeting the requirements of Ord. 480, Section
43.9.c.1.d. is required on all facades visible from a Corridor right of way.
c. Per Zoning Ordinance No. 480, Section 43.9.c.1.c, all mechanical equipment, both rooftop
and ground mounted, must be screened from view from adjacent rights of way. Rooftop
mechanical equipment and/or other rooftop appurtenance screening shall be
accomplished by either the construction of 1)the roof systems described in subparagraph
b)above or 2) an architectural feature which is integral to the building’s design and
ensures that such equipment is not visible from adjacent public right of way. The fencing
of or enclosure of individual mechanical units shall not be permitted except as described
above. All rooftop mechanicals or architectural features described herein shall be shown
on the required building elevations at the time of site plan approval.
d. A minimum eight (8) foot tall masonry screen wall matching the principal building with a
solid metal access gate is required for all trash receptacle enclosures. A label has been
added to the trash receptacle enclosure on the Site Plan stating that an 8’ screen wall
matching the principal building with solid metal gates” is to be provided.
* Per Subdivision Ord. No. 483, as amended, Section 8.05, all above ground equipment shall be
screened from view in such a manner that the ground equipment cannot be seen from a public
right of way. Said screening shall be completed at the time of installat ion by the utility company or
developer.
* Per Zoning Ordinance No. 480, as amended, Section 36.6.1, one loading space is required for
each building. One space must be minimum 10’ x 50’ and one space must be a minimum 10’ x
25’. The previous Zoning Change and Site Plan was approved with zero loading spaces shown to
be required and provided on the Site Plan. An S-P-1 regulation has been added stating that no
loading zones are required.
* All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of
lighting, intensity, glare and spill-over.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. The two water lines connecting into the water lines on Tower Boulevard will cause the alteration
of trees two trees, 73 and 125.
* The proposed Tree Conservation Plan complies with the approved Tower Plaza Tree
Conservation Plan. The only additional trees that may need to be removed are along the west
property line and were designated as Marginal to be preserved on the originally approved
Case No. Attachment C
ZA20-0027 Page 3
development Tree Conservation Plan.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation
Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the property has
previously received a tree permit related to development, the percentage of existing tree cover at
the time the first such permit was issued shall be used to calculate the minimum existing tree
cover that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall consider
the application for a Conservation Analysis or Plan in conjunction with the corresponding
development application (as established in Table 1.0). The Planning and Zoning Commission
shall review the application and make a recommendation to the City Council regarding the
application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan
or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so as
to maximize the preservation of environmental features of the property including mature
tree stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential
areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
v. maximizes the preservation of existing protected trees along rural 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
Case No. Attachment C
ZA20-0027 Page 4
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:
1. The north type is incorrect It is required to be the minimum of a 20’ – O type bufferyard. Please
correct the “Required” and “Provided” bufferyard types and plant material calculations.
2. On the previously approved USPI Site Plan the east bufferyard was approved to be a 5’ – A
bufferyards.
3. The “Required” interior landscape area is 250 square feet more than required. Based on 50% of
the largest floor area, the required interior landscape area is 8,213 square feet.
4. The existing trees symbol in the landscape design do not match the existing tree symbol within
the Plant Schedule.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Kevin Ferrer, P.E., CFM
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
* No Comments
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
The required backflow protection (double check valve) for the sprinkler 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 main, 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 location and show the dimensions
of the room on the plans)
The fire line on the plans is indicated as being 150 feet in length and a vault is not shown on the
plans. (Add a vault as required due to the fire line being in excess of 100 feet from the city water
main)
Case No. Attachment C
ZA20-0027 Page 5
The fire line is shown entering the building on the east side of the property, but the riser room is
located on the south side of the property, is the fire line being run overhead throughout the
building, or is this shown in error.
Fire Department Connection for the sprinkler system 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, or
add a fire hydrant.
Fire hydrants are required at a maximum spacing of 500 feet for commercial locations with
completely sprinkled buildings. (Hydrants are not indicated on the plans, show all existing and
proposed hydrant locations)
FIRE LANE COMMENTS:
Fire apparatus access needs to be provided within 250 feet of all exterior portions of the
perimeter of buildings on a “hose-lay” basis for sprinkled buildings. 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) (Fire lanes not indicated on plans, fire
lanes must intersect with existing dedicated streets and/or existing fire lanes on the property)
Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn
radius. (Per 2018 I.F.C. Sec. 503.2.4)
Case No. Attachment C
ZA20-0027 Page 6
Informational Comments:
* No review of proposed signs is intended with this site plan. All signs require approval of a
separate sign permit.
* All mechanical equipment must be screened of view from rights-of-way 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.
* 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
ZA20-0027 Page 1
Surrounding Property Owners & Responses
SPO # Owner Zoning Address Acreage Response
1. KIANI, HAMID SF20A 809 GATESHEAD CT 0.64 NR
2. EXCEL SOUTHLAKE LP SP1 1035 E SOUTHLAKE BLVD 16.95 NR
3. WCHOA INC RPUD 200 WOODSONG WAY 0.14 NR
4. RAJENDER KUMAR AGARWAL
REVOCAB RPUD 208 WOODSONG WAY 0.44 F
5. LOPEZ, ERIK RPUD 204 WOODSONG WAY 0.55 NR
6. RUCKER FAMILY TRUST AG 835 E SOUTHLAKE BLVD 1.52 NR
7. ALL STAR MOB, LLC SP1 905 E SOUTHLAKE BLVD 2.04 NR
8. WELLTOWER OM GROUP LLC SP1 925 E SOUTHLAKE BLVD 3.64 NR
9. EAST SOUTHLAKE #2 LTD SP1 910 E SOUTHLAKE BLVD 2.34 NR
10. MENDEZ LTD AG 918 E SOUTHLAKE BLVD 5.39 NR
11. FOXBOROUGH HOA INC SF20A 800 E SOUTHLAKE BLVD 0.92 NR
12. EAST SOUTHLAKE #1 LTD SP1 900 E SOUTHLAKE BLVD 1.97 NR
13. RUCKER, ZENA SULLIVAN TR AG 841 E SOUTHLAKE BLVD 3.69 NR
14. ZELDA PARTNERS LTD AG 811 E SOUTHLAKE BLVD 6.77 NR
Responses - F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment D
ZA20-0027 Page 2
Notices Sent: Fourteen (14)
Responses received: One (1) – Attached
Case No. Attachment D
ZA20-0027 Page 3
Case No. Attachment E
ZA20-0027 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-711B
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 & 2, BLOCK 1, TOWER PLAZA, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.75 ACRES,
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,
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 OFFICI AL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas
Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential and other purposes, and to amend said ordinance
and map for the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan
District 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
Case No. Attachment E
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be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area
immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and
glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to
control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on
the over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public 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 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
Case No. Attachment E
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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 & 2, Block 1, Tower Plaza, an addition to the City of Southlake,
Tarrant County, Texas, being approximately 5.75 acres, 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 as depicted on the approved Site Plan attached hereto and incorporated
herein as Exhibit “B,” and subject to the following conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above 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
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welfare of the community. They have been designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to
provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of
population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and
surface water, parks and other commercial needs and development of the community. They have been
made after a full and complete hearing with reasonable consideration among other things of the
character of the district and its peculiar suitability for the particular uses and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, 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
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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 one time within ten (10)
days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____day of _____, 2020.
_________________________________
Laura Hill, MAYOR
ATTEST:
_________________________________
Amy Shelley, CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____day of _____, 2020.
________________________________
Laura Hill, MAYOR
ATTEST:
________________________________
Amy Shelley, CITY SECRETARY
Case No. Attachment E
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Reserved for legal description
Case No. Attachment E
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EXHIBIT “B”
Reserved for approved Site Plan