Item 7B - Staff ReportCase No.
ZA23-0072
S T A F F R E P O R T
March 26, 2024
CASE NO: ZA23-0072
PROJECT: Zoning Change and Development Plan for The Overlook & WillowTree Gardens EXECUTIVE
SUMMARY: Sage Group, Inc., on behalf of Mendez, LTD, are requesting approval of a Zoning
Change and Development Plan for The Overlook and WillowTree Gardens, on
property described as Tract 3C, and portions of Tracts 3D03, and 3D03A, W.W.
Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas and located at
240 N. Carroll Avenue and portions of 918-1050 E. Southlake Blvd., Southlake,
Texas. Current Zoning: "AG" Agricultural District and “SF-1A” Single Family
Residential District. Proposed Zoning: “TZD” Transitional Zoning District. SPIN
Neighborhood #7.
DETAILS: This project is located primarily along the west side of N. Carroll Ave,
approximately 750 feet north of the E. Southlake Blvd. intersection.
Statistical revisions that were provided to the Planning & Zoning Commission on
March 21st are shown in red. The initial requests that were presented at the first
hearing of this item at the February 22nd Planning & Zoning Commission meeting
are shown in parentheses.
The purpose of this request is to approve a Zoning Change and a Development
Plan for a project encompassing a single-family residential component with 26 (28)
homes, and an office building encompassing approximately 23,000 (26,000)
square feet. The property is proposed to be zoned using the “TZD” Transition
Zoning District category, providing for a mix of uses on the overall site.
“The Overlook” is an office building component proposed to front N. Carroll Ave.
Development Regulations provide that the building be permitted “O-1” Office
District uses. The proposed maximum building height is 35’ (two stories) and the
proposed maximum floor area is 23,000 (26,000) square feet. The final details of
this structure are to be approved by a future Site Plan. With the reduction of the
size of the building, the structure is an additional 10’ from the existing adjoining
neighborhood to the north; a 90’ setback in total. A revision of the north driveway
design now provides an entry with a throat width of 30’ (24’).
“Willowtree Gardens” is the residential development component of the project
encompassing 26 (28) single-family detached dwellings. The proposed floor area
of each home is between 3,000 square feet and 5,200 square feet. The minimum
lot size is proposed to be 5,700 square feet with an average lot size of ~6,000
square feet. The lots are proposed to be a minimum of 46’ wide and have a “zero-
lot line” on one side, with a 6’ setback on the opposite side. The proposed density
Department of Planning & Development Services
Case No.
ZA23-0072
is now 2.71/dua (2.92/dua).
The homes would be located within a private subdivision with primary access from
N. Carroll Ave. A significant change from the previous submission is that the
emergency access point is now proposed to connect to the commercial
development to the south. Development Regulations provide a provision that this
be for emergency access only. A new cul-de-sac for the residents along Cross
Lane would still be provided.
Other development components include an 8’ masonry wall along the entire north
and west borders, and a mix of an 8’ masonry and wood fence along the southern
borders. The residential portion will have a significant boulevard as a dominant
greenspace feature. On-site detention is also proposed at the southwest corner of
the development.
To date, opposition received results in approximately 39% of the 200’ buffer area
surrounding the proposed project. Any consideration at the second reading of this
item will require a supermajority vote by City Council in order to be approved.
Specific Development Standards for the entire site are provided herein:
The following modifications to the “TZD” District requirements are noted:
A. Section 47.4.d.4: “Residential density in the Transition Zoning District shall not
exceed two (2) dwelling units per gross acre.” (2.71 du/a proposed.)
B. Section 47.7(g): Maximum building footprint permitted in square feet: ‘Financial
and Office Uses: 10,000 square feet’. (Footprint approx. 11,500 sqft.)
Case No.
ZA23-0072
B.Section 47.7.d(3): The elevation of the home from the finished sidewalk. (Plans
are not specific.)
D.Section 47.7.e: The architectural design standards requirement. (These are
reflected in the General Comments of the attached Development Plan Review
Summary No. 2.)
E.Section 47.7(a)iii: “Cul-de-sacs are prohibited unless natural features such as
topography or stream corridors prevent a street connection.” (The private drive
as shown is effectively a cul-de-sac.)
VARIANCES
REQUESTED: 1)Subdivision Ordinance No. 483, Section 5.01(G) states, “Alleys shall not be
allowed unless specifically approved by the Council.” 20’ alleys provide access to
garages positioned in the rear of single-family homes per plans.
2)With a private street proposed, the applicant is also requesting a variance to
Subdivision Ordinance No. 483, as amended, Section 5.04, which does not permit
private streets in new subdivisions in which less than 75% of the lots contain
homeowner occupied structures to allow a gated community with private streets
with the initial development.
3)Driveway Ordinance No. 634, as amended, requires in this instance that
driveways be separated by 250’. The two driveways facing N. Carroll Ave. are
separated by only 200’. (A previously requested stacking depth variance is no
longer needed.)
ACTION NEEDED: 1) Consider First Reading Approval
ATTACHMENTS: (A) Background Information
(B)Vicinity Map
(C)Development Plan Review Summary No. 3, dated March 15, 2024
(D)Surrounding Property Owners Map & Responses
(E)Ordinance No. 480-810
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Narrative
Link to TZD Regulations
Link to Plans
P&Z Meeting Comment Cards
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Dennis Killough (817)748-8072
Case No. Attachment A
ZA23-0072 Page 1
BACKGROUND INFORMATION
OWNER: Mendez, LTD
APPLICANT: Sage Group, Inc. / WillowTree
PROPERTY SITUATION: 240 N. Carroll Avenue and portions of 918-1050 E. Southlake Blvd.,
Southlake, Texas.
PROPERTY DESCRIPTION: Tract 3C, and portions of Tracts 3D03, and 3D03A, W.W. Hall Survey
Abstract 695, City of Southlake, Tarrant County, Texas
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “AG” Agricultural District; “SF-1A” Single Family Residential District
PROPOSED ZONING: “TZD” Transitional Zoning District, with "O-1" Office District uses permitted
for the office portion, and single-family residences and permitted accessory
uses for the remaining net area.
HISTORY: The “AG” zoning was placed on the entirety of the property upon the
adoption of the first zoning ordinance.
For the portion of the property zoned “SF-1A”, the property was zoned “A-
3”, an obsolete single family zoning category, on June 5, 1979. It was
rezoned to “SF-1” on August 19, 1986. “SF-1A” zoning was placed on the
property with the adoption of Zoning Ordinance No. 480 in 1989.
Three homes are existing among the three tracts and the properties are
unplatted.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use Plan
The future land use designation for the site is “Medium Density
Residential”.
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.
With case CP24-0001, a portion of the property to the east is proposed to
have the land use of “Office Commercial”.
The Office Commercial category is a commercial category designed and
intended for the exclusive use of office and limited office‐related activities.
It is established for and will be allocated to those districts best suited for
supporting commercial activity of an office character. It has been
established to encourage and permit general professional and business
offices of high quality and appearance, in attractive landscaped
Case No. Attachment A
ZA23-0072 Page 2
surroundings with the types of uses and design exterior appearance so
controlled as to be generally compatible with existing and future adjacent
and surrounding residential development. Properties with this designation
may serve as a transition between established residential neighborhoods,
major roadways, and retail development.
Mobility & Master Thoroughfare Plan
The subject property is bounded by N. Carroll Ave to the east and E.
Southlake Blvd. to the south, though this development is not proposed to
connect to this roadway.
N. Carroll Ave. is a fully developed four lane divided arterial with 100’ of
right of way.
Pathways Master Plan & Sidewalk Plan
The Pathways Plan shows a less than 8’ sidewalk along the west side of N.
Carroll Ave. The applicant is proposing a 5’ sidewalk along their developed
portion of Carroll Ave., and has noted a willingness to construct a 5’
sidewalk north to Ownby Lane to connect the development to Southlake
Town Square.
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Recommendations
• Retain the Medium Density Residential land use designation.
• For properties fronting on Carroll Ave., garden office uses may be
considered if development is planned in a comprehensive manner.
• Buffer existing and future residential uses from office uses.
• Any future connection of Cross Lane to Carroll Ave. is not intended.
• Any office development along Carroll Ave. should have cross
access back to the traffic signal at F.M. 1709/Tower Plaza as well
as to the office properties to the south to access the existing drive
cut on Carroll Ave.
• A new drive cut at Carroll Ave. and Main Street is not
recommended due to existing traffic conditions/volumes at this
intersection and the close proximity to the light.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The proposed “TZD” zoning request has two entrances onto N. Carroll Ave.
Case No. Attachment A
ZA23-0072 Page 3
(Note separation variance request.) An emergency only access gate is also
proposed to connect to the Mendez commercial development to the south.
The Traffic Impact Analysis recommends a north bound left turn into the
development at the northern driveway of the site.
Traffic Counts
N. Carrol Ave. (65)
(Between E. Southlake Blvd. & E. SH 114)
24hr North Bound (11,458) South Bound (11,746)
AM Peak (821) 11:45AM – 12:45PM Peak (956) 11:30AM – 12:30PM
PM Peak (928) 12:45 – 1:45PM Peak (1,199) 4:45 – 5:45PM
* Based on the (2017-2018) City of Southlake Traffic Count Report
Traffic Impact
A Traffic Study was provided by the applicant. The study provided the
following traffic generation chart for peak AM and PM’s hours. During the
peak AM hour, the site is projected to generate 60 trips, and the PM hour
will likewise create 63 trips. The study further provides recommendations
that include a left turn lane into the north entrance from northbound Carroll
Ave.
The city’s independent reviewer, TNP, Inc., generally agrees with the
conclusions and recommendations of the Traffic Study but recommends
that the report be revised with the following changes prior to acceptance by
the City :
Page 2 Trip Generation: The trip generations for both land use s should
use the most conservative number provided by the ITE Tript Generation
Maneu, which in all these instances appears to be the fitted curve
calculation. Update the driveway LOW analyses accordingly.
Page 3: Driveway Capacity Analysis: The second paragraph of this section
states that the analysis accounts for redistributed “existing WB left-turning
traffic from Main Street that would make a WB right-run movement and NB
U-turn movement at the proposed NB left-turn lane.” Base on the synchro
report for the norther driveway, it appears 49 trips were redistributed.
Please provide an exhibit like Exhibit 3 showing the existing PM peak hour
counts taken at the North Carroll Ave. and Main St. intersection. In
addition, include the raw traffic count data as attachment.
TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D
since the property is being rezoned.
There is 24.5% of existing tree cover on the property and a minimum of
60% of the existing tree cover would be required to be preserved. A
minimum of 71.52% is proposed to be removed and a maximum of 28.48%
is proposed to be preserved.
Case No. Attachment A
ZA23-0072 Page 4
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.
The Planning and Zoning Commission shall review the application and
make a recommendation to the City Council regarding the
application. The City Council shall approve the Plan or Analysis if the
Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets,
and utility easements so as to maximize the preservation of
environmental features of the property including mature tree
stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas
indicated on the Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the
potential to buffer residential areas from the noise, glare, and
visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a
natural or man-made drainage creek;
v. maximizes the preservation of existing protected trees along
rural roadways and other streets as identified and prioritized in
the Street Typology designation; and
vi. mitigation of altered trees through proposed tree
replacement procedures pursuant to this Ordinance.
UTILITIES: The property is served by an existing 8” water line along N. Carroll Ave.
and an existing 8” sanitary sewer line along the west boundary of the
property under consideration.
DRAINAGE: An on-site detention facility is proposed.
CITIZEN INPUT: The following meetings were held to discuss the development:
A SPIN meeting was held for this project on August 22, 2023.
The item was heard by the Corridor Planning Committee on January 30,
2024.
PLANNING & ZONING
COMMISSION ACTION: On February 22, 2024, the item was tabled until the March 21, 2024
meeting at the request of the applicant.
March 21, 2024; DENIED (5-0)
STAFF COMMENTS: Attached is Development Plan Review Summary No. 3, dated March 15,
2024.
Case No. Attachment B
ZA23-0072 Page 1
Case No. Attachment C
ZA23-0072 Page 1
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA23-0072 Review No.: Three Date of Review: 3/15/24
Project Name: Development Plan – The Overlook and Willowtree Gardens
APPLICANT: OWNER:
Sage Group, Inc. – Curtis Young Mendez, LTD – Angelo Mendez
1130 N. Carroll Ave. STE 200 1344 Lakeview Dr., Southlake, Texas
Southlake, Texas 76094
Phone: 817-424-2626 Phone: 817-938-3480
Email: cyoung@sage-dfw.com Email: N/A
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
3/13/24 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. The Development Regulations (Zoning Booklet) need the following revisions or considerations:
• The Development Regulations need to be updated to reflect the new changes in the
Development Plan. The Development Plan will control. Noted are discrepancies in the
Summary Chart: Size of Building, Parking Ratios.
2. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended):
a. The driveways do not meet the minimum spacing requirements. A minimum spacing of
250’ is required. Approximately 200’ of spacing is provided. (Variance Required)
3. There appear to be extraneous markings on the Development Plan regarding the former
location of the emergency access gate. The Fire Lane should be revised and the “emergency
access gate” reference should be removed at the former Cross Lane location.
4. Subdivision Ordinance No. 634, as amended, Section 5.04(A) requires that no new subdivision
shall be permitted to have “private streets”. The residential portion of this development is
proposed to be served by a private street.
5. The “turnaround” at the end of Cross Lane shall meet fire requirements, and if the turnaround
is to be located on adjacent property, easements or right-of-way acquisition is required.
Case No. Attachment C
ZA23-0072 Page 2
The following are informational comments:
• The Traffic Impact Analysis references the need for a left turn lane at northbound Carroll Ave.
Staff is awaiting further information from the applicant to confirm the need and understand the
design.
• The Development Plan shows arrows for general locations of future cross access between
commercial sites. This cross access will be required as these portions of property develop as
such.
• It is noted that the applicant states that the western gate toward Cross Lane has been
removed and an Emergency Access gate for emergencies only will be placed for access to the
Mendez property.
• In written communications, staff has noted the applicant’s willingness to construct a 5’
sidewalk north to Ownby Lane to ensure pedestrian connectivity to Southlake Town Square.
• A formal Site Plan application will be required at a future date for the Office Building. See
Section 47.8 of the Zoning Ordinance for details as to the processing of Development Plans
vs. Site Plans in the “TZD” Transition Zoning District.
• Please note the Site Specific Recommendations for this site in the Comprehensive Land Use
Plan. (FM LU10). Access to Tower Drive is strongly recommended per the Plan. This would
provide a signaled access point for the development.
• “TZD” Transition Zoning District’s are not subject to Zoning Ordinance Section 43 “Overlay
Districts”, therefore consideration is not given for the Residential Proximity Slope, nor the
location of the trash receptable on site, though they may not meet general Overlay District
requirements.
• Though the “TZD” Transition Zoning District allows for flexibility, the category does provide
general guidance for development. The following are notable applicable standards of the
Transition Zoning District regulations found in Section 47.7 that do not appear to be followed
and are considered deviations:
o The first-floor elevation of single-family dwellings shall be raised a minimum of two (2)
feet above the finished level of the public sidewalk/trail in front of the residential
structures. (It is unclear if the residential portion meets this requirement.)
o TZD district regulations state: “Cul-de-sacs are prohibited unless natural features such
as topography or stream corridors prevent a street connection.” The private residential
drive as shown is effectively a cul-de-sac. Though not applicable to the TZD district,
the Subdivision Ordinance generally allows no more than twenty residences on a cul-
de-sac.
o TZD generally requires 6’ sidewalks. The applicant proposes 5’ sidewalks for the
development.
o To ensure compatibility of building types and to relate new buildings to the building
traditions of the region, architectural design shall be regulated, governed, and enforced
through architectural design standards proposed by the applicant. The applicant shall
submit the proposed standards as a part of the development plan application for all
Case No. Attachment C
ZA23-0072 Page 3
development in the TZD. The Planning and Zoning Commission shall make a
recommendation and the City Council shall approve them at the time of approval of the
Development Plan. Architectural design standards for a proposed Transition
Zoning District shall: i. specify the materials and configurations permitted for
walls, roofs, openings, street furniture, and other elements; ii. be based on
traditional building precedents from the region; iii. include the following: a.
architectural compatibility among structures within the neighborhood; b. human
scale design; c. pedestrian use of the entire district; d. relationship to the street, to
surrounding buildings, and to adjoining land uses; and e. special architectural
treatment of gateways/civic buildings. (This is understood to read that the
architectural components of the district are to be compatible with each other. No
specific materials are mentioned with this development plan. No elevation examples of
the homes are provided, though not expressly required.)
• A Preliminary Plat and a Final Plat must be filed for this property, and the entirety of all
properties where boundaries are amended must be part of these plats. This includes land area
outside of the proposed area of development. Property zoned “AG” may need to be rezoned,
as the plat must conform to the underlying zoning. “AG” properties are required to be a
minimum of 10 acres in area.
Case No. Attachment C
ZA23-0072 Page 4
Tree Conservation/Landscape Review
Provide the tree survey numbers of the trees which correspond with the tree survey data in the tree
tables.
* If the proposed development was straight zoning it would not comply with the Existing Tree
Cover Preservation Requirements of the Tree Preservation Ordinance. There is 24.5% of existing tree
cover on the property and a minimum of 60% of the existing tree cover would be required to be
preserved. A minimum of 71.52% is proposed to be removed and a maximum of 28.48% is proposed
to be preserved.
* 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;
Case No. Attachment C
ZA23-0072 Page 5
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. The planter/planting strip width between the curb and sidewalk within the residential portion of
the proposed development is required to be a minimum six feet (6’) wide. Street trees are required but
is flexible upon the proposed design standards.
2. Provide the interior landscape ground cover and seasonal color calculations within the Interior
Landscape Summary Chart.
3. Existing tree credits seem to be taken for preserved trees within bufferyard areas. Please
provide the proposed existing tree credits within the Bufferyards Summary Chart.
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.
* 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
ZA23-0072 Page 6
Public Works/Engineering Review
GENERAL COMMENTS:
1. Label the radius for the proposed driveways. Be aware that a 30-foot radius is required on
driveways off a collector or arterial roadway or any drive designated as a fire lane.
* Please be aware that the city recently installed an inlet at the southeast corner of Cross Lane.
* The property owner at 808 Cross Lane may reach out to discuss the possible removal of the
inlet located on the southeast corner of their property. There may be a possibility that this inlet is not
needed anymore with the construction of this development, and the property owner of 808 Cross Lane
would like to see if it is possible this could be added to the Overlook project scope. This is not a
requirement from the City.
* Public utilities shall be required to be located within a dedicated utility easement.
* A manhole or junction box shall be placed at 500’ max. spacing for storm.
TURN LANE/TIA COMMENTS:
1. Provide update traffic counts.
2. Is the left turn lane properly sized for the projected traffic volume or is it sized for the available
length? Provide a left-turn Storage analysis and provide all necessary backup data. Specify
whether the proposed turn lane will affect the adjacent intersections and median breaks.
3. Provide a U-Turn analysis, i.e. enough radii to not cause conflicts, impacts after median
extension on main st, etc… As this may become an issue with all the traffic that wants to go
SB from Main St.
4. Provide confirmation that a right- turn decel lane is not triggered.
5. Are there safety concerns with constructing the left turn where proposed? Verify that all sight
triangles, including vertical ones, are checked to ensure no conflicts with the proposed left turn
lane.
6. Confirm the left turn lane will not cause conflict with the internal stacking depth, especially if
there are simultaneous turn-in and the one entering via left-turn does not end up being on N.
Carroll due to someone backing up of the parking stall.
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
Case No. Attachment C
ZA23-0072 Page 7
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. (No riser room location or size indicated on the site plan)
FIRE LANE COMMENTS:
Fire apparatus access fire lanes need to be provided within 150 feet of all exterior portions of the
perimeter of buildings on a “hose-lay” basis for non-sprinkled buildings and within 250 feet of
sprinklered buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete,
a minimum of 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of
85,000 pounds GVW)
Dead-end fire apparatus access cannot exceed 150 feet.
Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet, a
minimum of 26 feet wide fire apparatus access fire lane is required. (Site plan does not indicate the
minimum requirements for a 26 feet wide fire lane due to the max height indicated)
Where the fire apparatus access fire lane consists of a divided roadway at the access gates, the gate
width must not be less than 12 feet. The access gate must be provided with a manual means of
operating the gate and an automatic means.
FIRE HYDRANT COMMENTS:
Fire hydrants are over spaced between the commercial and residential portions of the development,
add an additional fire hydrant near the entrance into the residential area. (No hydrants indicated on
the most recent site plan)
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
Case No. Attachment C
ZA23-0072 Page 8
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 .. A pdf of each plan must be submitted. If not received before the deadline, the item will be
moved to a later P&Z agenda. 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 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.
* All development must comply with the standards of the “TZD” Transition Zoning District unless
deviations or variances are otherwise approved as part of a Development Plan or Site Plan.
* 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
ZA23-0072 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1 COPELAND, STEPHEN N SF20A 375 BINKLEY CT 0.142152314 NR
2 CAPTIVA LIVING TRUST SF20A 350 BINKLEY CT 0.164981091 NR
3 SPAETH, STEPHEN SF20A 1050 OWNBY LN 0.367027494 NR
4 STEPHENS, BRIAN K SF20A 1000 OWNBY LN 0.525282848 O
5 BRYAN FAMILY TRUST SF20A 970 OWNBY LN 0.46229571 F
6 DEBARO, JAMES SF20A 950 OWNBY LN 0.476976863 NR
7 DEAN DAVID JACKSON SF20A 920 OWNBY LN 0.460385431 NR
8 TOWN SQUARE VENTURES LP SP1 331 N CARROLL AVE 0.002203171 NR
9 CARLSON, DAVID N SF20A 900 OWNBY LN 0.46799204 O
10 NAUGHER LIVING TRUST SF20A 870 OWNBY LN 0.458539714 F
11 BLAIR, RANDELL T SF20A 850 OWNBY LN 0.45824291 NR
12 ARNOLD, AUSTIN SF20A 325 BINKLEY CT 0.567493951 NR
13 DOWDY, ROBERT WESLEY SF20A 300 BINKLEY CT 0.663888876 NR
14 COLBY LIVING TRUST SF20A 811 OWNBY LN 0.165767617 O
15 TOWN SQUARE VENTURES LP DT 1240 MAIN ST 0.706819449 NR
16 GREAT DIGS LLC SF20A 808 CROSS LN 0.488819733 O
17 LUCENA, JOSE EDGAR SF20A 806 CROSS LN 0.33679001 O
18 TOWN SQUARE VENTURES LP DT 1200 MAIN ST 0.189761131 NR
19 WAYSON, MICHAEL SF20A 809 CROSS LN 0.488322143 O
20 PARROT, ALEXANDER SF20A 807 CROSS LN 0.341089318 O
21 STRUNCK, JUERGEN F DT 220 N CARROLL AVE 0.130788399 O
22 STRUNCK, JUERGEN F AG 200 N CARROLL AVE 2.539525298 NR
23 TOWN SQUARE VENTURES LP DT 140 STATE ST 0.003585605 NR
24 ZHANG, HONGWEI SF20A 808 GATESHEAD CT 0.539145196 O
25 EAST SOUTHLAKE #2 LTD SP1
910 E SOUTHLAKE
BLVD 1.183336292 NR
26 HO, JEFFREY SF20A 806 GATESHEAD CT 0.02505042 O
27 MENDEZ LTD AG
918 E SOUTHLAKE
BLVD 0.325114353 NR
Case No. Attachment D
ZA23-0072 Page 2
28 MENDEZ LTD SF1-A
1050 E SOUTHLAKE
BLVD 0.857797614 NR
29 EAST SOUTHLAKE #1 LTD SP1
900 E SOUTHLAKE
BLVD 0.710762083 NR
30 CLARK, RAYMOND SF20A 810 GATESHEAD CT 0.159637554 O
31
GREENWAY CRESTWOOD
PARTNERS SP2
1100 E SOUTHLAKE
BLVD 0.160094478 NR
32 SHAVER, KATHLEEN SF20A 400 SOUTHVIEW TRL 0.523973752 NR
33 KEMPKER, KENNETH JAMES SF20A 806 OWNBY LN 0.570787776 O
34 FOXBOROUGH HOA INC SF20A 809 OWNBY LN 1.110829344 NR
35 BURNEY, HAMID SF20A 804 CROSS LN 0.4749258 O
36 MILLS, MICHAEL A SF20A 805 CROSS LN 0.490380007 U
37 KIANI, HAMID SF20A 809 GATESHEAD CT 0.643955426 O
38 BUCZEK, JOHN S SF20A 400 FONDREN CT 0.469221471 NR
39 DASGUPTA, CHANDRIKA SF20A 405 FONDREN CT 0.522537525 NR
40 OSBORNE, MICHAEL SF20A 405 SOUTHVIEW TRL 0.488882396 NR
41
GREENWAY-SOUTHLAKE OFFICE
PRTN SP1
1110 E SOUTHLAKE
BLVD 1.994282336 NR
1000 MENDEZ LTD AG 240 N CARROLL AVE 9.613513025 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Forty-two (42)
Responses Received
within 300’: Seventeen (17) Total
• Fourteen (14) Opposed
• Two (2) In Favor
• One (1) Undecided
Responses Received
outside 300’: One-hundred and twenty (120) Total
• One-hundred and nine (109) Opposed
• Ten (10) In Favor
• One (1) Undecided
P&Z Comment Cards: Forty-four (44) Total
• Thirty-eight (38) Opposed
• Six (6) In Favor
Case No. Attachment E
ZA23-0072 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-810
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 ///, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL
DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL
DISTRICT TO “TZD” TRANSITIONAL ZONING DISTRICT, AS
DEPICTED ON THE APPROVED DEVELOPMENT 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 “AG” Agricultural
District and “SF-1A” Single Family Residential District under the City’s Comprehensive Zoning
Ordinance; and,
Case No. Attachment E
ZA23-0072 Page 2
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
Case No. Attachment E
ZA23-0072 Page 3
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 portions of /// and more fully and completely described in
Exhibit “A” from “S-P-2” Generalized Site Plan District to “TZD” Transitional Zoning
District as depicted on the approved Development Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following conditions:
1.
Case No. Attachment E
ZA23-0072 Page 4
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 E
ZA23-0072 Page 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
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
Case No. Attachment E
ZA23-0072 Page 6
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 _____, 2016.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2016.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment E
ZA23-0072 Page 7
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA23-0072 Page 8
EXHIBIT “A”
Being described as ///
Metes and Bounds Description
Reserved for metes and bounds description
Case No. Attachment E
ZA23-0072 Page 9
EXHIBIT “B”
Reserved for approved Development Plan