Item 7 - Staff MemoCase No.
ZA23-0005
S T A F F R E P O R T
March 17, 2023
CASE NO: ZA23-0005
PROJECT: Zoning Change and Site Plan for Green Acres Nursery EXECUTIVE
SUMMARY: Kimley Horn, on behalf of the owner Gans Tx Re Southlake LLC, is requesting
approval of a Zoning Change and Site Plan for Green Acres Nursery located on a
property described as Tract 3D, W.R. Eaves No. 500 Addition, and located at 1963
W. Southlake Blvd., Southlake, Texas. Current Zoning: “C-2” General Commercial
District. Requested Zoning: “S-P-1” Detailed Site Plan District with “C-2” General
Commercial District uses. SPIN Neighborhood #10.
DETAILS: The property is located on the south side of W. Southlake Blvd. approximately just
east of the intersection of Players Circle, and just west of the intersection of
Peytonville Ave.
The purpose of this request is to seek zoning change and site plan approval for a
nursery and garden center. The applicant is requesting to keep the existing “C-2”
Local Retail District uses and add garden center and nursery uses under a new “S-
P-1” Detailed Site Plan District .
The overall site is approximately 13 acres in size and will encompass a mix of
enclosed and open-air buildings. Enclosed areas include the primary retail sales
building of approximately 26,000 square feet, and a storage warehouse of 5,000
square feet. Additional accessory structures, such as greenhouses and shade
structures account for an additional 66,000 square feet. There will also be an
outdoor open-air display toward the rear that will encompass approximately 55,325
square feet. The total floor area for retail, display, and storage areas will total
152,280 square feet.
The property will have multiple points of access for traffic circulation, including two
primary access points on W. Southlake Blvd, two access points on Players Circle,
and one access point to Peytonville Ave.
Case No.
ZA23-0005
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval of the Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plan Review Summary No. 2, dated March 17, 2023
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-799
Full Size Plans (for Commission and Council members only)
Narrative
Proposed Regulations
Corridor Planning Committee Report
SPIN meeting Report
PowerPoint Presentation
Plans
STAFF CONTACT: Dennis Killough (817) 748-8072
Reagan Rothenberger (817) 748-8602
Site Data Summary
ZONING
(CURRENT/ PROPOSED)
C-2
S-P-1
GROSS ACERAGE 12.99
NET ACERAGE 12.99
% OF SITE COVERAGE 26.90%
% OF OPEN SPACE 12.9%
S.F. AREA OF OPEN SPACE 12,578 SF
% OF IMPERVIOUS
COVERAGE
85% Requested
54% Actual
S.F. AREA OF IMP.
COVERAGE
481, 186 sqft
BUILDING USE Plant Nursery and Retail
FLOOR AREA 152,480
NUMBER OF STORIES I
MAXIMUM BUILDING HEIGHT 45’ requested (36’ as measured by Ord. No. 480 definition)
PROVIDED PARKING 347
REQUIRED PARKING 352, as calculated below.
Parking
Required ratios shall be the following:
• Retail Sales: 1 space per 250 square feet
• Patio Greenhouse: 1 space per 600 square feet
• House Plant Greenhouse (HPGH): 1 space per 600 square feet
• Shade Pavilion: 1 space per 600 square feet
• Shade Structure: 1 space per 600 square feet
• Outdoor Sun: 1 space per 600 square feet
• Display Garden: 1 space per 600 square feet
No additional parking shall be required for the Office, Warehouse, Loading/Backstock,
Storage, Cultivation Area and Restroom uses.
Case No. Attachment A
ZA23-0005 Page 1
BACKGROUND INFORMATION
OWNER: Gans TX Re Southlake, LLC
APPLICANT: Kimley-Horn
PROPERTY SITUATION: 1963 W. Southlake Blvd.
LEGAL DESCRIPTION: Tract 3D, W.R. Eaves No. 500 Addition
LAND USE CATEGORY: Retail-Commercial, Medium Density Residential
CURRENT ZONING: “C-2” General Commercial District
PROPOSED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: - The property was annexed into the City in 1957.
- An ~8,000 square foot warehouse was constructed on the site in 1981.
- A CO was granted to Green Oaks Tree Farm on December 23, 1981.
- The zoning designation of “C-2” General Commercial District was
placed on the property with the adoption of Ordinance No. 480 in 1989.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designations for the site are primarily “Retail-
Commercial” and “Medium Density Residential”.
Retail Commercial Purpose and Definition: The Retail Commercial
category is a lower- to medium-intensity commercial category providing
for neighborhood-type retail shopping facilities and general commercial
support activities. It is intended to provide limited local retail and/or office
uses which serve neighborhoods in close proximity. It is intended that all
uses in this category will be compatible with adjacent single family uses,
thereby maintaining the character and integrity of existing
neighborhoods. This category is intended to encourage
comprehensively planned developments. In areas where the Retail
Commercial designation is adjacent to residentially zoned properties or
areas with a residential designation on the Land Use Plan, lower
intensity activities such as office or office-related uses should be
planned adjacent to the residential uses. Other suitable activities are
those permitted in the Public Parks/Open Space, Public/Semi-Public,
and Office Commercial categories previously discussed.
Medium Density Residential Purpose and Definition: The purpose of
the Medium Density Residential land use category is to promote a
neighborhood setting primarily comprised of single family detached
houses. The Medium Density Residential category is suitable for any
single-family detached residential development. Other suitable activities
are those permitted in the Public Parks/Open Space and Public/Semi-
Public categories previously discussed.
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan shows Southlake Blvd. to be a six-lane
Case No. Attachment A
ZA23-0005 Page 2
divided arterial with 130’ to 140’ of right of way.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows an existing <8’ multi-use trail along W.
Southlake Blvd. This trail is provided for on the Site Plan.
Site Specific Recommendations:
• The business plan and offerings of Green Acres closely align with
“Niche Retail” components of Southlake’s identified target
industries.
• The Site Plan reflects significant consideration for traffic flow and
cross connections between Players Circle and Peytonville Ave.
• Though the southern portion of the lot is not to be developed as
medium-density residential in this proposal, there will be a
significant buffer between commercial structures and the rear
property line adjacent to Southlake Woods.
• To balance the placement of the primary retail building and the
placement of outdoor merchandise areas, while also providing
sufficient parking, has caused the parking to be placed to the side
of the structure, with very little forward of the retail building.
TRANSPORTATION
ASSESSMENT: Area Road and Network Conditions
The site proposes two primary access drives along W. Southlake Blvd.,
one being shared with Walgreens. The property will also have two
access points to Players Circle and an access point to Peytonville Ave.,
all via surrounding access easements.
Case No. Attachment A
ZA23-0005 Page 3
W. Southlake Blvd. (F.M. 1709
(between Peytonville & Randoll Mill.)
24hr West Bound (22,770) East Bound (23,516)
AM Peak (1,276) 11:45-12:45 AM Peak (2,702) 7:00 – 8:00 AM
PM Peak (2,477) 7:00 AM – 5:45 PM Peak (1,428) 4:45 – 5:45 PM
* Based on the 2017 City of Southlake Traffic Count Report
Traffic Impact:
A Traffic Impact Analysis (TIA) was provided by the applicant and was
reviewed by Teague Nall and Perkins, Inc. (TNP), who have no
reservations with the City’s acceptance of the TIA.
The study provides that the new development will generate
approximately 243 new weekday AM peak hour one-way vehicle trips
and 694 new weekday PM peak hour one-way vehicle trips.
The only proposed improvement to the roadway is an eastbound right-
turn deceleration lane into the west driveway.
TREE PRESERVATION: There is 61% of existing tree cover and a minimum of 40% of the existing
tree cover would be required to be preserved. The applicant is proposing to
preserve a maximum of 37% of the existing tree cover.
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
Case No. Attachment A
ZA23-0005 Page 4
vi. mitigation of altered trees through proposed tree replacement
procedures pursuant to this Ordinance.
UTILITIES: A 12” water line exists along the north boundary of the property.
An 8” sewer line exists along the east boundary of the property.
DRAINAGE: Drainage on the property is to be channeled to a dry detention pond and
discharged through an existing drainage easement on the southeast
portion of the property.
VARIANCES
REQUESTED: Variance to Ordinance No. 480, as amended, Section 21.5(a),
requiring that a building be no higher than thirty-five feet (35’) in
height. Applicant is requesting a maximum height of thirty-six feet
(36’) per the City’s definition of height, or forty-five feet (45’) overall.
Variance to Ordinance No. 480, as amended, Section 21.5(k),
requiring that the maximum impervious coverage be 70%. Applicant
is requesting an impervious coverage of 85%, however, the plans as
shown show only 54% of the lot to be impervious. Given this is a
detailed site plan, no further construction could occur on the lot
without Planning & Zoning Commission and City Council approval.
Variance to Ordinance No. 480, as amended, Section 35.6, requiring
approximately 390 parking spaces. The applicant proposes to provide
352. For comparison, Calloway’s Nursery (ZA07-108) was granted 85
spaces to serve a 5,000 square foot retail building and 45,000 square
feet of outdoor display area; roughly one-third of the floor area of
Green Acres.
CITIZEN INPUT: The following meetings were held to discuss the development:
A 2035 Corridor Planning meeting for this project was held on
September 19, 2022.
A SPIN meeting was held on April 12, 2022.
STAFF COMMENTS: Attached is Plan Review Summary No. #2, dated March 17, 2023.
Case No. Attachment B
ZA23-0005 Page 1
Case No. Attachment C
ZA23-0005 Page 2
SITE PLAN REVIEW SUMMARY
Case No.: ZA23-0005 Review No.: Two Date of Review: 03/17/23
Project Name: Zoning Change and Site Plan – Green Acres
APPLICANT: OWNER:
Kimley – Horn ATTN: Carolyn Koch Gans TX Re Southlake LLC ATTN: Erik Snare
6160 Warren Parkway, STE 210 604 Sutter St, STE 350
Frisco, Texas 75034 Folsom, California 95639
Phone: 972.335.3580 Phone: 916.673.9290
Email: Carolyn.koch@kimley-horn.com Email: erik.snare@idiggreenacres.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
02/13/23 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 REAGAN ROTHENBERGER AT (817) 748-8602.
1. Show the location, type, and height of all walls, fences, and screening devices. Note whether
existing or proposed. Properties within Corridor Overlay Zone see Ord. 480, as amended,
43.9.c.1 for design criteria. Provide a minimum 8’ screening device meeting the requirements
of Ordinance 480, Sections 33 and 39 along all boundaries abutting residential property. The
commercial property owner shall be permitted to use existing fences to satisfy this
requirement, but shall maintain the fence in good repair. Please note the location and type of
fence in development regulations.
General Comments:
• Stucco 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.
• It is noted that the regulations are written to permit an impervious coverage of 85%,
however, as presented, the plans reflect an impervious coverage of 54%. If this is to
provide coverage for future development, keep in mind that any changes to this site
plan in the future will require to proceed through the Detailed Site Plan approval
process.
Reagan C. Rothenberger, AICP
Planning Manager
817-747-8062
rrothenberger@ci.southlake.tx.us
Case No. Attachment C
ZA23-0005 Page 3
Tree Conservation/Landscape Review:
* The applicant is proposing to mitigate the removal of 643.2” of trees by paying $96,008.90 into
the City of Southlake Reforestation Fund.
* If the development was proposed with straight zoning it would not comply with the Existing
Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 61% of exiting
tree cover on the property and a minimum of 40% of the tree cover would be required to be
preserved. A total of 63% of the existing tree cover is proposed to be removed and maximum of 37%
is proposed to be preserved.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance 585-E, 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;
Case No. Attachment C
ZA23-0005 Page 4
v. maximizes the preservation of existing protected trees along rural roadways and other streets
as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as
approved by the Southlake City Council. Please ensure that the layout of all structures, easements,
utilities, structures grading, and any other structure proposed to be constructed do not conflict with
existing trees intended to be preserved.
LANDSCAPE COMMENTS:
1. Within the Bufferyards Summary Chart, the “Required” width of the east bufferyard is incorrect.
The minimum required width is 10’. The minimum required bufferyard adjace to the east O1 zoned
properties is required to be a 10’ – B type bufferyard. Adjacent to the CVS development, which is
zoned C2, the minimum of a 5’ – A type bufferyard is required.
2. No bufferyard is proposed along the south property line abutting the panhandle of the CVS
development, and the area of the east bufferyard adjacent to CVS is within the existing access drive.
Please provide the south portion of the bufferyard adjacent to the CVS development, and provide the
required east bufferyard plant material elsewhere on the property.
3. Existing tree credits are proposed to be taken for required interior and bufferyards
landscaping. Existing tree credits shall only be granted if the tree/s are in healthy condition and all
requirements of the Tree Preservation Ordinance have been met as determined at the time of
inspection for a Permanent Certificate of Occupancy.
* The applicant is proposing to provide only the required interior landscape area and plant
material based on 50% of the floor area of the Retail Sales and Warehouse buildings. The floor areas
of the Patio Green House, House Plant Green House, Shade Pavilion, Shade Structure, and Outdoor
Sun areas are proposed to be not included.
* Indicates informational comment.
# Indicates required items comment.
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
Case No. Attachment C
ZA23-0005 Page 5
Public Works/Engineering Review
UTILITY COMMENTS:
1. The existing water meter shall be plugged and abandoned if not used.
DRAINAGE COMMENTS:
1. My previous comment had a typo and stated that the infiltration values were low, however, it
should have stated that the intensity values are low. Please verify that these values are from the most
current iSWM manual, updated in April 2020.
2. The offsite area to the north of the property is not included on the proposed drainage area
map.
3. The storm drain system that captures and routes the offsite flows from the north through the
property shall be located within a drainage easement.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist to the
Public Works Department through the online customer self service portal located here:
https://energov.cityofsouthlake.com/energov_prod/selfservice#/home. Please allow 15 business days
for review. The plans shall conform to the most recent construction plan checklist, standard details
and general notes which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000.
The plan must include all required elements in Part III, Section F of the permit. The Environmental
Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP
please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall
be submitted by second review of the civil construction plans.
* Retaining walls greater than 4-feet in height, measured from the top of wall to the bottom of
footing shall require a separate permit.
*=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals.
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
Case No. Attachment C
ZA23-0005 Page 6
Fire Department Review
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. (Indicate the riser room location and dimensions to ensure it will meet the
minimum requirements)
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
General Informational Comments
* The Development Review Committee (DRC) has determined this pre-submittal is sufficient for
formal submittal to the Planning and Zoning Commission subject to completing the changes noted
above . If any significant changes, other than those noted above are made to the submittal, the
plan could be withheld from processing until a later meeting or remanded back to the
Development Review Committee for review.
* 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 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.
* 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
ZA23-0005 Page 1
SURROUNDING PROPERTY OWNERS MAP
SPO # Owner Zoning Physical Address Acreage Response
1. MYERS MEADOW HOMEOWNERS
ASSN RPUD 1713 WILD ROSE WAY 0.69 NR
2. CARDINAL GREEN INVESTMENTS LLC C2 1701 W SOUTHLAKE BLVD 1.87 NR
3. LIU, BENNET C3 1901 W SOUTHLAKE BLVD 0.41 NR
4. LIU, BENNET C3 101 PLAYERS CIR 0.30 NR
5. VARSITY PROFESSIONAL PARK LLC O1 190 S PEYTONVILLE AVE 0.91 NR
6. PROSPEROUS FUTURE, LLC C3 1957 W SOUTHLAKE BLVD 0.11 NR
7. PALI PROPERTIES LP C3 151 PLAYERS CIR 0.66 NR
8. CARROLL, ISD O1 200 S PEYTONVILLE AVE 0.48 NR
9. HCCP PROPERTY PARTNERS LLC C3 170 PLAYERS CIR 0.16 NR
10. AL AJLOUNI, KHALDOUN SP1 210 S PEYTONVILLE AVE 0.50 NR
11. DLP VENTURES C3 201 PLAYERS CIR 0.80 NR
12. AL-AJLOUNI, KHALDOUN SP1 240 S PEYTONVILLE AVE 0.90 NR
13. BARGER EQUITY GROUP LLC C3 220 PLAYERS CIR 0.01 NR
14. AKARD, LARRY O1 260 S PEYTONVILLE AVE 0.54 NR
15. BLUE PEACHES LLC C3 251 PLAYERS CIR 0.98 NR
16. 250 PLAYER CIRCLE LLC C3 250 PLAYERS CIR 0.13 NR
17. MAY, CLENTIS L O1 280 S PEYTONVILLE AVE 0.51 NR
18. INXS LIVING TRUST SF20A 407 INDIAN PAINTBRUSH WAY 0.40 NR
19. CHRISTENSEN, MARK L SF20A 409 INDIAN PAINTBRUSH WAY 0.46 NR
Case No. Attachment D
ZA23-0005 Page 2
20. SOUTHLAKE WOODS LP SF20A 411 INDIAN PAINTBRUSH WAY 0.17 NR
21. TAK, HYUN DUK SF20A 501 INDIAN PAINTBRUSH WAY 0.38 NR
22. KHAN, SHABAZ SF20A 503 INDIAN PAINTBRUSH WAY 0.46 NR
23. DARWISH, RAED Y SF20A 505 INDIAN PAINTBRUSH WAY 0.50 NR
24. SOUTHLAKE WOODS
HOMEOWNERS SF20A 507 INDIAN PAINTBRUSH WAY 0.65 NR
25. SHAW, JACK A SF20A 511 INDIAN PAINTBRUSH WAY 0.07 NR
26. CHASE, DAVE SF20A 506 STONEBURY DR 0.02 NR
27. CHAO, JING HUI SF20A 408 INDIAN PAINTBRUSH WAY 0.00 NR
28. SOUTHLAKE WOODS LP SF20A 600 STONEBURY DR 0.00 NR
29. NATALWALLA, MURTAZA RPUD 103 KILLDEER CT 0.33 NR
30. KHAN SAUD LLC - DBA SAUD KHAN RPUD 102 KILLDEER CT 0.30 NR
31. PITCHUMANI, KARTHIKEYAN RPUD 101 STARLING CT 0.32 NR
32. LEWANDOWSKI, MARK SF20A 405 INDIAN PAINTBRUSH WAY 0.71 NR
33. HERN, SARAH A SF20A 509 STONEBURY DR 0.65 NR
34. DART, STEVEN SF20A 402 INDIAN PAINTBRUSH WAY 0.55 NR
35. HILL, CURTIS B SF20A 515 INDIAN PAINTBRUSH WAY 0.56 NR
36. CARROLL, ISD SP1 1501 W SOUTHLAKE BLVD 56.04 NR
37. GANS TX RE SOUTHLAKE LLC C2 1963 W SOUTHLAKE BLVD 14.22 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: 38
Responses Received within 300’: In Favor: Opposed: 0 Undecided: 0 No Response: 38
Case No. Attachment E
ZA23-0005 Page 1
SURROUNDING PROPERTY OWNERS’ RESPONSES
None Received
Case No. Attachment F
ZA23-0005 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-799
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 ALL OF AS TRACT 3D, W.R. EAVES NO. 500
ADDITION, OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
BEING APPROXIMATELY 12.99 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-2”
LOCAL RETAIL DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “C-2” Local Retail
Case No. Attachment F
ZA23-0005 Page 2
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 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
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rights of those who bought or improved property with reference to the classification which existed
at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the 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 all of Tracts 6C01A, 6C and 6C03 and a portion of Tract 6C02,
Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas,
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being approximately 6.235 acres and being more particularly described in Exhibit
“A” from “AG” Agricultural District and “I-1” Light Industrial 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.
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
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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 shall not be affected by this ordinance but may be prosecuted
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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 _____, 2023.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023.
________________________________
MAYOR
ATTEST:
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________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as all of as Tract 3D, W.R. Eaves No. 500 Addition, and located at 1963 W.
Southlake Blvd., Southlake, Texas., City of Southlake, Tarrant County, Texas, being
approximately 12.99 acres and being more particularly described as follows:
Metes and Bounds Description
To be provided.
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EXHIBIT “B”
Reserved for approved Site Plan