Item 6C - Staff ReportCase No.
ZA23-0032
S T A F F R E P O R T
July 25, 2023
CASE NO: ZA23-0032
PROJECT: Zoning Change and Site Plan for 1605 Hart Street EXECUTIVE
SUMMARY: Southlake Exhange, LLC is requesting approval of a Zoning Change and Site Plan
for 1605 Hart Street located on a property described as 3R, Block B of the Hart
Industrial Park Addition, City of Southlake, Tarrant County, Texas and located at
1605 Hart Street, Southlake, Texas. Current Zoning: “I-1” Light Industrial District.
Requested Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8.
DETAILS: The property is located on the south side of Hart Street approximately 475 feet
east of the southeast of the intersection of Brumlow Avenue and Hart Street.
The purpose of this zoning change is to adopt a “S-P-1” zoning district that will
permit a small animal hospital with approval of a Specific Use permit (SUP) while
retaining the “I-1” light industrial district uses and regulations currently on the
property. There is a concurrent application for a small animal hospital SUP within a
single suite within the multi-tenant building located at 1609 Hart Street. The
applicant is not altering the site and/or elevations from the currently adopted site
plan.
A request for a Specific Use Permit will follow consideration of this item.
At their June 8, 2023 regular meeting, the Planning and Zoning Commission
recommended approval (6-0); subject to Staff Report dated June 2, 2023, and Plan
Review Summary No. 2, dated June 2, 2023.
At the June 20, 2023 regular City Council meeting, the City Council approved the
1st Reading of the item (Consent); subject to Staff Report dated June 13, 2023 and
Plan Review Summary No. 2, dated June 2, 2023.
ACTION NEEDED: 1) Hold A Public Hearing
2) Consider 2nd Reading Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plan Review Summary No. 2, dated June 2, 2023
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-802
Full Size Plans (for Commission and Council members only)
PowerPoint Presentation
Case No.
ZA23-0032
Narrative
STAFF CONTACT: Katasha Smithers (817) 748-8281
Dennis Killough (817) 748-8072
Case No. Attachment A
ZA23-0032 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Southlake Exchange, LLC
PROPERTY SITUATION: 1605 Hart Street, Southlake, TX 76092
LEGAL DESCRIPTION: Lot 3R, Block B, Hart Industrial Park Addition
LAND USE CATEGORY: Industrial
CURRENT ZONING: “I-1” Light Industrial District
PROPOSED ZONING: “S-P-1” Detailed Site Plan District with an underlying zoning of “I-1” Light
Industrial District uses and regulations, allowing a “Small Animal Hospital”
with approval of a SUP.
HISTORY: The subject property was annexed into the City of Southlake in 1987.
Zoning change from “AG” to “L-2” was approved in 1988.
“I-1” Light Industrial District zoning was approved with the adoption of the
Zoning Ordinance No 480 and the official Zoning Map on September 19,
1989.
On July 5, 1988, the City Council approved a final plat for Lots 1-4 Block A,
and 1-5, Block B, Hart Industrial Park.
On October 6, 1998, the City Council approved the plat revision for Lot 3R,
Block B.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use Plan
The future land use designation for the site is Industrial.
Purpose and Definition: Industrial and business service development that
is relatively free of unwanted side effects, such as unsightliness, noise,
odor, glare, vibrations, etc., is permitted in the Industrial category. If
meeting the qualification of relatively free of unwanted side effects, suitable
types of development in the Industrial category can be characterized by the
manufacturing, processing, packaging, assembly, storage, warehousing
and/or distribution of products. Ancillary commercial and retail activities
associated with these uses are permitted. Public Parks / Open Space and
Public / Semi‐Public activities as described above may be permitted if
surrounding industrial uses do not pose hazards and are sufficiently
buffered.
Pathways Master Plan & Sidewalk Plan
Per the Southlake Mobility Plan under the Pathways Plan, there is not a
proposed sidewalk on the south side of Hart Street.
Case No. Attachment A
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TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The tract has direct access to Hart Street, a 50’ undivided 2-lane dead-end
street. Hart Street has access to Brumlow Avenue, a 94’ divided 4-lane
arterial street.
A Traffic Impact Analysis (TIA) was not required.
TREE PRESERVATION: No trees are planned to be removed.
UTILITIES: The site is served by an 8-inch Sanitary Sewer Line and an 8-inch Water
Main.
CITIZEN INPUT: This project was not heard at SPIN or by the Corridor Planning Committee.
PLANNING & ZONING
COMMISSION ACTION: June 8, 2023; APPROVED (6-0); subject to Staff Report dated June 2,
2023, and Plan Review Summary No. 2, dated June 2, 2023. The
Commission finds the proposed zoning change use to add a small animal
hospital with approval by an SUP was amenable as a similar use would
require an SUP.
CITY COUNCIL ACTION: June 20, 2023; APPROVED (Consent); subject to Staff Report dated June
13, 2023 and Plan Review Summary No. 2, dated June 2, 2023.
STAFF COMMENTS: Attached is the Plan Review Summary No. 2, dated June 2, 2023.
Case No. Attachment B
ZA23-0032 Page 1
Case No. Attachment C
ZA23-0032 Page 2
SITE PLAN REVIEW SUMMARY
Case No.: ZA23-0032 Review No.: Two Date of Review: 06/02/23
Project Name: Zoning Change and Site Plan – 1609 Hart Street
APPLICANT: OWNER:
Southlake Exchange, LLC Southlake Exchange, LLC
PO Box 373 PO Box 373
Tioga, TX 76271 Tioga, TX 76271
Phone: 817-849-8282 Phone: 817-849-8282
dperryman@silveroakcre.com dperryman@silveroakcre.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/01/23 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 KATASHA SMITHERS AT 817-748-8281.
All Comments have been addressed.
Informational Comments:
• Current as-builts on file with the city will act as the approved site plan with the zoning.
Case No. Attachment C
ZA23-0032 Page 3
Tree Conservation/Landscape Review
No comments
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
Public Works/Engineering Review
No comments
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
Fire Department Review
No comments
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 .
* 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,
Case No. Attachment C
ZA23-0032 Page 4
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
ZA23-0032 Page 1
SURROUNDING PROPERTY OWNERS MAP
SPO
#
Owner Zoning Physical Address Acreage Response
1 WRIGHT BRUMLOW EAST RE LLC AG 1719 E CONTINENTAL BLVD 3.32 NR
2 BOYLE FAMILY PARTNERSHIP I1 1604 HART ST 0.71 NR
3 BOYLE FAMILY PARTNERSHIP I1 1600 HART ST 0.47 NR
4 HERZOG/LEASE PARTNERS LTD I1 1594 HART ST 0.45 NR
5 BELLE-VIEW ENTERPRISE LLC I1 1217 BRUMLOW AVE 0.08 NR
6 1595 HART STREET LLC I1 1595 HART ST 0.94 NR
7 TCP - HQ LLC SP1 1375 BRUMLOW AVE 0.27 NR
8 HOLZ HOLDINGS LLC SP1 1371 BRUMLOW AVE 0.27 NR
9 SUM AND SAM LLC SP1 1367 BRUMLOW AVE 0.08 NR
10 CCJ PROPERTY MGT LLC SP1 1381 BRUMLOW AVE 0.27 NR
11 SC 1363 BRUMLOW LLC SP1 1385 BRUMLOW AVE 0.23 NR
12 WRIGHT BRUMLOW EAST RE LLC AG 1451 BRUMLOW AVE 2.19 NR
13 WRIGHT BRUMLOW EAST RE LLC AG 1535 BRUMLOW AVE 3.47 NR
14 LANE HAVEN LLC SP1 1219 BRUMLOW AVE 1.02 NR
15 SC 1363 BRUMLOW LLC SP1 1389 BRUMLOW AVE 0.43 NR
16 SC 1363 BRUMLOW LLC SP1 1363 BRUMLOW AVE 0.49 NR
1000 SOUTHLAKE EXCHANGE LLC I1 1605 HART ST 3.37 U
Case No. Attachment D
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Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Seventeen (17)
Responses Received within 300’: In Favor: Opposed: Undecided: No Response:
Case No. Attachment E
ZA23-0032 Page 1
SURROUNDING PROPERTY OWNERS’ RESPONSES
None Received by 7/23/2023
Case No. Attachment F
ZA23-0032 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-802
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON LOT 3R, BLOCK B, HART INDUSTRIAL PARK
ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “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”, 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 “I-1” LIGHT
INDUSTRIAL DISTRICT under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a
Case No. Attachment F
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person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
at the time their original investment was made; and,
Case No. Attachment F
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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 3R, Block B of the Hart Industrial Park Addition, City of
Southlake, Tarrant County, Texas and located at 1605 Hart Street, Southlake,
Texas, from “I-1” Light Industrial District to “S-P-1” Detailed Site Plan District with
“I-1” Light Industrial District uses and “Small Animal Hospital” by request of a
Specific Use Permit.
1. List any conditions
Case No. Attachment F
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SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Case No. Attachment F
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Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of
said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
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,
Case No. Attachment F
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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:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment F
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
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EXHIBIT “A”
Lot 3R, Block B, Hart Industrial Park Addition, City of Southlake, Tarrant County, Texas
Case No. Attachment F
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EXHIBIT “B”
Reserved for previously approved Site Plan