Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
October 16, 2009
CASE NO: ZA09-046
PROJECT: Southlake Villa Offices Zoning Change and Site Plan
REQUEST:
Blake Architects on behalf of Southlake Project Group LP is requesting approval of a
site plan and zoning change from “S-P-1” Site Plan Zoning District to “S-P-1” Site Plan
Zoning District. The purpose of this request is to finish out previously designated attic
space and the south tower in Building 1 located at the southeast corner of the property
fronting Southlake Boulevard (FM 1709). This will increase the floor area of the
building by approximately 1,667 square feet. Dormer windows are being added to the
south roof line which will allows views only towards Southlake Boulevard (FM 1709) to
the south. The tower feature will also have windows on the south facade which will
allow views only towards Southlake Boulevard (FM 1709) to the south. The east, west
and north elevations of the tower will not have any windows. The east and west
elevations of the tower have ornamental wrought iron architectural elements added in
Planning Case
place of windows. This development was originally approved under
ZA07-129
and there are no changes to the permitted land uses being requested which
would include O-1 Office Zoning District uses and as shown in the letter provided by
the applicant attached to this report.
st
ACTION NEEDED: Consider 1 Reading Zoning Change and Site Plan approval request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Review Summary No. 1, dated October 1, 2009
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-542a
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Dennis Killough (817) 748-8072
Daniel Cortez (817) 748-8070
Case No.
ZA09-046
BACKGROUND INFORMATION
OWNER:
Southlake Project Group, LP
APPLICANT:
Roger “Skip” Blake
PROPERTY SITUATION:
310 E. Southlake Boulevard
LEGAL DESCRIPTION:
Tract 3, W.W. Hall Survey, Abstract No. 687
LAND USE CATEGORY:
Office Commercial and Low Density Residential
CURRENT ZONING:
“S-P-1” (Detailed) Site Plan Zoning District
REQUESTED ZONING:
“S-P-1” (Detailed) Site Plan Zoning District
HISTORY:
This development was originally approved by City Council on March 18, 2008
Planning Case ZA07-129
under . As previously mentioned, the only change to
rd
the original approved request is the finish out of the attic space creating a 3
floor to Building 1 at the southeast corner of the lot.
SOUTHLAKE 2025 PLAN:
Consolidated Land Use Plan
As previously approved, the underlying Land
Use designation is predominantly Office
Commercial, with Low Density Residential
along the northern property line. The proposed
development is consistent with the Office
Commercial designation.
Master Thoroughfare Plan
SOUTHLAKE BLVD (FM 1709)
The Master Thoroughfare Plan recommends
Southlake Boulevard to have 130 feet of right-
of-way. Adequate right-of-way exists for this
road.
Environmental Resource Protection Plan
Under the Southlake 2025 Environmental
Resource Protection Plan, this lot is indicated to
have some existing tree cover, none of which
shows to be significant. Due to the limited
scope of this request staff does not believe
there will be any additional impact from what
was previously approved by City Council under
ZA07-0129
.
TRANSPORTATION
ASSESSMENT:
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly onto E. Southlake
Boulevard. The drive is proposed to be a right-in/right-out drive. No other
Median PlanUrban
access is proposed to the site. The element of the City’s
Case No. Attachment A
ZA09-046 Page 1
Design Plan
designates a landscaped median along Southlake Boulevard with
a traffic signaled break/opening at the Byron Nelson Parkway/Diamond
Boulevard intersection and a non-signal break/opening to Parkwood Drive.
The anticipated start date for the construction of the medians along Southlake
Boulevard (F.M. 1709) will be within the next year.
E. Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two-way, center left turn lane.
May, 2008 traffic counts on E. Southlake Blvd (between Byron Nelson &
White Chapel)
24hr 24,87823,808
West Bound (WB) () East Bound (EB) ()
WB 1,1542,564
Peak A.M. () 11:15 – 12:15 Peak P.M. () 5:15 – 6:15
a.m. p.m.
EB 2,5251,520
Peak A.M. () 7:30 – 8:30 Peak P.M. () 12:45 – 1:45
a.m. p.m.
Traffic Impact
Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM-
OUT OUT
General Office 30,641 403 42 6 8 38
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on E. Southlake Boulevard.
PATHWAYS
MASTER PLAN:
The Southlake Pathways Master Plan shows an 8-foot multi-use trail proposed
on the north side of E. Southlake Boulevard. The trail is shown on the site
plan.
WATER & SEWER:
A 12-inch water line exists along the north side of E. Southlake Boulevard and
a 6-inch sewer line is also along that same north side.
DRAINAGE ANALYSIS:
Drainage from this development will be to the proposed detention area at the
southwest corner of this site.
TREE PRESERVATION:
The existing tree canopy cover calculations show that approximately 15% of
the site is covered with tree canopy and that approximately 60% of the total
tree canopy cover is proposed to be preserved. For properties proposing S-P-
1 zoning, tree preservation is subject to City Council approval.
P&Z ACTION:
October 8, 2009; Approved (7-0) subject to Site Plan Review Summary dated
October 1, 2009.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 1, dated October 1, 2009.
N:\Community Development\MEMO\2009cases\09-046.doc
Case No. Attachment A
ZA09-046 Page 2
Zoning Change and Site Plan
Case No. Attachment B
ZA09-046 Page 1
Plans and Support Information
Link to PowerPoint Presentation
Case No. Attachment C
ZA09-046 Page 1
Case No. Attachment C
ZA09-046 Page 2
Case No. Attachment C
ZA09-046 Page 3
SITE PLAN REVIEW SUMMARY
ZA09-046One10/1/2009
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Southlake Villa Offices
APPLICANT: OWNER:
Roger “Skip” Blake Southlake Project Group, LP
1202 S. White Chapel Rd. 211 E. Southlake Blvd.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 488-9397 Phone: (817) 424-9001
Fax: (817) 251-3205 Fax: (817) 424-1665
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY 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 DANIEL CORTEZ AT (817) 748-8070.
1. This proposal is subject to previously approved conditions and requirements from Planning Case
ZA07-129.
2. Change development regulations to address the proposed height and number of stories for Building 1.
----Informational Comments----
* 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 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.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may include
but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and
Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment D
ZA09-046 Page 1
Surrounding Property Owners
Southlake Villa Offices
15
SPO # Owner Zoning Land Use Acreage Response
Low Density Residential, Office
O
1. Holt Dental Care C2 1.14
Commercial
Low Density Residential, Office
2. Southlake Sleep Lp C2 1.15 NR
Commercial
3. Mellinger, James J Etux Sara J SF1-A 1.07 NR
Low Density Residential
4. Cusack, Shelli R Etvir John SF1-A 1.18 NR
Low Density Residential
5. Miller, Gregory Etux Blair SF1-A 1.02 NR
Low Density Residential
6. Spinozzi, Michael Etux Yolanda SF1-A 0.99 NR
Low Density Residential
7. Philip, Isaac J Etux Reni J SF1-A 1.25 NR
Low Density Residential
8. Mabry, Jay H Etux Jane D SF1-A 1.01 NR
Low Density Residential
9. Nguyen, Long T Etux May Hoang SF1-A 1.02 NR
Low Density Residential
10. Providence Bancshares Corp SP2 1.05 NR
Office Commercial
100-Year Flood Plain, Office
11. Providence Bancshares Corp SP2 1.00 NR
Commercial
100-Year Flood Plain, Office
12. Ascend Properties Ltd SP2 0.71 NR
Commercial
100-Year Flood Plain, Office
13. Star Real Estate Company SP2 0.98 NR
Commercial, Public/Semi-Public
Office Commercial, Public/Semi-
14. Southlake Imaging Llc SP1 1.28 NR
Public
Low Density Residential, Office
15. Southlake Project Group Lp SP1 3.08 NR
Commercial
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Fifteen (15) - Attached
Responses Received:
One (1) - Attached
Case No. Attachment E
ZA09-046 Page 1
Surrounding Property Owner Responses
Case No. Attachment F
ZA09-046 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-542a
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 TRACT 3, SITUATED IN THE
W.W. HALL SURVEY, ABSTRACT NO. 687, AND BEING
APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1”
DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED
SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES,
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
Case No. Attachment G
ZA09-046 Page 1
plan; and
WHEREAS,
the hereinafter described property is currently zoned as “S-P-1”
Detailed Site Plan District under the City’s Comprehensive Zoning Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by
a person or corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether these changes should 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
Case No. Attachment G
ZA09-046 Page 2
appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is
a public necessity for the zoning changes, that the public demands them, that the public
interest clearly requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire,
panic, and other dangers, promotes the health and the general welfare, provides adequate
light and air, prevents the over-crowding of land, avoids undue concentration of
population, and facilitates the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that
there is a necessity and need for the changes in zoning and has also found and
determined that there has been a 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.
Case No. Attachment G
ZA09-046 Page 3
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 Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being
approximately 2.887 acres, and more fully and completely described in
Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site
Plan District with “O-1” Office District uses as depicted on the approved Site
Plan attached hereto and incorporated herein as Exhibit “B”, and subject to
the following specific conditions:
1. future buildings must be of similar material and design as building 1;
2. subject to the colored landscape plans as submitted this evening;
3. buildings 2 through 4 may not exceed one story;
4. building 1 is to be three (3) stories in height and subject to approved building
elevations;
5. requiring applicant to build the entire drive structure as shown on the site
plans in connection with the construction of building 1 noting this will not
include the parking contemplated for the other buildings;
6. requiring all perimeter landscaping to be installed in connection with the
construction of building 1;
7. requiring all fencing and required bufferyards shall be installed subject to the
landscape plan, as submitted and presented this evening, prior to the
issuance of a certificate of occupancy;
8. requiring the water retention feature in the southwest corner of the site shall
be constructed, operational and meet city approval, prior to the issuance of a
certificate of occupancy for the first building;
9. requiring the fencing on the east and west side of the property will be built
prior to the issuance of a certificate of occupancy;
10. requiring the cost of the fencing on the west side of the property extending
north from the property edge to Emerald to be escrowed for the use of the
homeowner to install a fence;
11. requiring all windows on buildings two, three and four that are above the
main level of the structures to face south;
12. permitting the fifteen covered parking spaces with nine on the east side
(labeled as parking spaces 17-25) and six located on the north side;
13. requiring that all parking spaces on the east side will be completely shielded
from F.M. 1709 with utilization of clusters of Nellie R. Stevens, subject to the
landscape plan;
14. granting the requested variances; and
15. subject to Site Plan Review Summary No. 1, dated October 1, 2009 herein
incorporated as Attachment “C”.
Case No. Attachment G
ZA09-046 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.
Case No. Attachment G
ZA09-046 Page 5
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 until final disposition by the courts.
SECTION 9.
Case No. Attachment G
ZA09-046 Page 6
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 hearing thereon at least fifteen (15) 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.
stth
PASSED AND APPROVED on the 1 reading the 20 day of October, 2009.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the --th day of ----------, 2009.
________________________________
MAYOR
ATTEST:
________________________________
Case No. Attachment G
ZA09-046 Page 7
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA09-046 Page 8
EXHIBIT “A”
Being Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being
approximately 2.887 acres and more fully described as:
Case No. Attachment G
ZA09-046 Page 9
EXHIBIT “B”
Case No. Attachment G
ZA09-046 Page 10
Reserved for approved Site Plan & Elevations
Case No. Attachment G
ZA09-046 Page 11
Exhibit “C”
SITE PLAN REVIEW SUMMARY
ZA09-046One10/1/2009
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Southlake Villa Offices
APPLICANT: OWNER:
Roger “Skip” Blake Southlake Project Group, LP
1202 S. White Chapel Rd. 211 E. Southlake Blvd.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 488-9397 Phone: (817) 424-9001
Fax: (817) 251-3205 Fax: (817) 424-1665
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY 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 DANIEL CORTEZ AT (817) 748-
8070.
1. This proposal is subject to previously approved conditions and requirements from Planning
Case ZA07-129.
2. Change development regulations to address the proposed height and number of stories for
Building 1.
----Informational Comments----
* 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 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.
* The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must
be paid. This may include but not be limited to the following fees: Park Fee, Perimeter
Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment G
ZA09-046 Page 12