01-082ZCP-P & Z
City of Southlake
Department of Planning
S T A F F R E P O R T
April 11, 2003
CASE NO: ZA01-082
PROJECT: Lot 6R2, Block 3, Cimmarron Acres
REQUEST: The City of Southlake, Texas is requesting approval of a rezoning and concept plan.
ACTION NEEDED: 1. Conduct public hearing
2. Consider proposed zoning change and concept plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Site Plan Review Summary
(E) Surrounding Property Owner Map
(F) Surrounding Property Owner’s Responses
(G) 11” x 17” Plans and Real Estate Appraisal (for Commission and
Council Members Only)
STAFF CONTACT: Dennis Killough (481-2073)
Case No.
ZA01-082
BACKGROUND INFORMATION
OWNER/APPLICANT: City of Southlake, Texas
PROPERTY SITUATION: This property is located on the northeast corner of the intersection of West
Southlake Boulevard (FM 1709) and North Pearson Lane.
LEGAL DESCRIPTION: Lot 6R2, Block 3, Cimmarron Acres, being 2.411 acres.
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "C-2" Local Retail Commercial District
REQUESTED ZONING: "S-P-2" with “C-3” General Commercial District uses to include gasoline
service station with convenience store.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Southlake Boulevard to have
130' of right-of-way. Adequate right-of-way exists for this street. The
Master Thoroughfare Plan recommends that Pearson Lane be a 4-lane,
undivided arterial street with 70' of right-of-way. Adequate right-of-way has
been dedicated for this street.
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly on to W. Southlake
Boulevard. It is a common access drive shared with the property to the east.
The site will also have one (1) access directly on to Pearson Lane.
May, 2001 traffic counts on F.M. 1709 (between Pearson Lane & F.M.
1938)
24hr West Bound (WB) (16,105) East Bound (EB) (16,634)
WB Peak A.M. (874) 10-11 a.m. Peak P.M. (1,704) 4-5 p.m.
EB Peak A.M. (1,743) 6-7 a.m. Peak P.M. (1,106) 4-5 p.m.
May, 2001 traffic counts on Pearson Lane (between F.M. 1709 and
Florence Rd.)
24hr North Bound (NB) (2,797) South Bound (SB) (2,845)
NB Peak A.M. (230) 7-8 a.m. Peak P.M. (223) 5-6 p.m.
SB Peak A.M. (237) 7-8 a.m. Peak P.M. (274) 4-5 p.m.
Traffic Impact
Case No. Attachment A
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The I.T.E. Manual projects the site will generate a total of 3,910 vehicle trips
per day, with 381 vehicle trips during the A.M. peak traffic period and 472
vehicle trips in the P.M. peak. It is estimated that 56% of the vehicle trips
will be pass-by trips and that 31% will be diverted linked trips. Therefore,
only about 13% or 509 vehicle trips per day will be Primary Trips (new trips
added to the road system).
During the A.M. and P.M. peak periods, it is estimated that the site will
create 50 new vehicle trips in the morning and 61 new trips in the evening.
Therefore, the traffic impact of the site on Southlake Boulevard traffic
volumes during A.M. and P.M. peaks times is minimal.
Please note that this is a statistical average of convenience stores/gas stations
across the country and local circumstances will vary.
Traffic Generation Rates
Table #2 AM-AM PM-PM- 24-HR 24 HR Total VTPD
IN* OUT IN OUT IN OUT
Gas Station 194 187 236 236 1,955 1,955 3,910
Pathways Master Plan
The Pathways Master Plan recommends that an eight (8) foot, paved Multi-
Use trail be provided along the north side of F.M. 1709 (W. Southlake
Boulevard). A six (6) foot sidewalk is required along the east side of Pearson
Lane. No sidewalks/trails are shown.
WATER & SEWER: There is an existing 8" water line along the east side of Pearson Lane and the
north side of W. Southlake Boulevard (F.M. 1709). There is an 8" sanitary
sewer line north of the property.
ESTIMATED IMPACT
FEES*:
Water $5,947.65 (Assumes 1 – 2” simple meter)
Wastewater $3,706.37 (Assumes 1 – 2” simple meter)
Roadway $8,373.36 (SA 2, w/24 fueling positions)
* Final Impact Fees are determined by the Building Services Department at the time of building
permit issuance. The fees shown above only represent estimates prepared by the Planning Department.
P&Z ACTION: July 19, 2001; Approved to Table (7-0) to the August 9, 2001, Planning and
Zoning Commission Meeting.
August 9, 2001; Approved to Table (6-0) to the August 23, 2001, Planning
and Zoning Commission Meeting.
August 23, 2001; Approved to Table (6-0) to the September 20, 2001,
Planning and Zoning Commission Meeting.
Case No. Attachment A
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September 20, 2001; Motion to Deny Approved (7-0) with the suggestion
that the City of Southlake present a more detailed conceptual plan of what
business(es) may go in on the southern portion of this property, as well as,
what type of residential plan may go in on the northern portion of this
property and that the appropriate SPIN neighborhoods be involved.
March 20, 2003; Approved to Table (5-0) until April 17, 2003.
COUNCIL ACTION: October 16, 2001; Approved to Table on Consent (7-0). This item was tabled
for future action (no date determined).
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 1, dated 7/13/01. The
following variances are requested:
Relief from the required 10’ type B bufferyard required along the east
property line adjacent to the City’s ground storage tank site, due to an
existing common driveway.
It has come to the attention of the City Council that the value of this property
may be significantly increased if the requested zoning is placed on the
property. The City Council directed staff to return this item to the P & Z for
re-consideration.
The appraisal prepared by Goodrich, Schechter & Associates, LLC
determined the following:
With “C-2” or “C-3” uses on the property the estimated value is $875,000.
The intensity of development that could occur under these two zoning
districts would not vary greatly. However, the highest and best use of the
property was determined to be with the pre-approved Specific Use Permit
and Concept Plan with gas station and convenience store use. With this in
place, the estimated property value is $1,290,000.
Case No. Attachment A
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Case No. Attachment B
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Case No. Attachment C
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CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA01-82 Review No.: One Date of Review: 7/13/01
Project Name: Concept Plan – Lot 6R2, Block 3 Cimmarron Acres
APPLICANT: ENGINEER:
City of Southlake Cheatham & Associates
(817) 481-2041 (817) 548-0696
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/02/01AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073.
1. A 10’ type ‘B’ bufferyard is required along the east property line. (Variance requested due to
existing common driveway)
2. A minimum 8’ multi-use trail is required along Southlake Boulevard and a 6’ sidewalk is required
along Pearson.
Informational Comment:
* The applicant should be aware that prior to issuance of a building permit a 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, Street, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
* This review is based on the “C-3” zoning district regulations, Ord. 480, Sect.22 and regulations for
gasoline service stations found in Ord. 480, Sect. 45.10.
* This site falls within the applicability of the residential adjacency standards as amended by
Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards” as well as the Corridor
Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is
provided with this concept plan, the applicant must evaluate the site for compliance prior to
submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning
Commission and City Council prior to issuance of a building permit. Note that these issues are
only the major areas of site plan review and that the applicant is responsible for compliance
with all site plan requirements:
• Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No.
557, as amended.
Case No. Attachment D
ZA01-082 Page 1
• Roof design standards per § 43.13b, Ordinance 480, as amended
• Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended.
• Vertical and horizontal building articulation (required on all building facades) per §43.13d,
Ordinance 480, as amended.
• Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as
amended.
• Interior landscaping per Landscape Ordinance No. 544.
• Fire lanes must be approved by the City Fire Department.
• Lighting Ordinance No. 693
L:\\COMDEV\\WP-FILES\\REV\\#CPLAN-1.WPD
Case No. Attachment D
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Surrounding Property Owners
Lot 6R2, Block 3, Cimmarron Acres
Owner Zoning Land Use Acreage
1. City of Southlake 1. SF-1A 1. Low Density Residential 1. 1.30
2. City of Southlake 2. SF-1A 2. Low Density Residential 2. 1.00
3. City of Southlake 3. SF-1A 3. Low Density Residential 3. 1.00
4. City of Southlake 4. CS 4. Public/Semi-Public 4. 3.33
5. Southlake PSE 5. C-2 5. Retail Commercial 5. 2.00
6. W. Lee 6. R-PUD 6. Retail Commercial 6. 0.20
7. W. Lee 7. AG 7. Retail Commercial 7. 0.65
8. J. Davis 8. C-2 8. Retail Commercial 8. 0.85
Case No. Attachment E
ZA01-082 Page 1
Surrounding Property Owners
Lot 6R2, Block 3, Cimmarron Acres
Notices Sent: Four (4)
Responses received within the 200’ notification area: Zero (0).
Responses received outside the 200’ notification area: Two (2)
See attached letters received during the Planning and Zoning Commission meeting held
August 23, 2001.
Phillip Bressinck, President, Park Realty Group, Inc. is opposed.
(received March 19, 2003) Letter addressed to Jim Murphy with
attachments have been distributed to P&Z.
Ellen Fabry, 131 Harrell Dr., Southlake, TX is opposed. (received
March 31, 2003) Letter addressed to City Council has been distributed
to P&Z.
Case No. Attachment F
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Case No. Attachment F
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-380
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 LOT 6R2, BLOCK 3, CIMMARRON ACRES, BEING
2.411 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM “C-2” LOCAL RETAIL
COMMERCIAL DISTRICT TO “S-P-2” GENERALIZED SITE PLAN
DISTRICT WITH “C-3” GENERAL COMMERCIAL DISTRICT
USES TO INCLUDE GASOLINE SERVICE STATION WITH
CONVENIENCE STORE, AS DEPICTED ON THE APPROVED
CONCEPT 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
Commercial District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment G
ZA01-082 Page 1
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
Case No. Attachment G
ZA01-082 Page 2
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 Lot 6R2, Block 3, Cimmarron Acres, , an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3321, Plat
Records, Tarrant County, Texas, and being approximately 2.411 acres, and more
fully and completely described in Exhibit "A" from "C-2" Local Retail Commercial
District to “S-P-2” Generalized Site Plan District with “C-3” General Commercial
District uses to include a gasoline service station with convenience store as depicted
on the approved Concept Plan attached hereto and incorporated herein as Exhibit
Case No. Attachment G
ZA01-082 Page 3
“B”, and subject to the specific conditions established in the motion of the City
Council and attached hereto and incorporated herein as Exhibit “C.”
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.
Case No. Attachment G
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
Case No. Attachment G
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hearing thereon at least ten (10) days before the second reading of this ordinance, and if 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 ___________, 2001.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2001.
________________________________
MAYOR
ATTEST:
Case No. Attachment G
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________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
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EXHIBIT "A"
Lot 6R2, Block 3, Cimmarron Acres, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 3321, Plat Records, Tarrant County, Texas, being
2.411 acres.
Case No. Attachment G
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EXHIBIT "B"
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EXHIBIT “C”
This page reserved for the approved City Council motion.
Case No. Attachment G
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