Item 7B
Department of Planning & Development Services
S T A FF R E P O R T
November 24, 2009
ZA09-055
CASE NO:
Zoning Change and Site Plan for Noble Oaks
PROJECT:
REQUEST: Noble Oaks Partners is requesting approval of a zoning change and site
plan to revise the previously approved zoning regulations to include limited
medical office use.
Allow medical use not to exceed 3,000 square feet of the building.
No other changes to the approved zoning and site plan are proposed. This
site is subject to all previous conditions of approval unless specifically
noted and approved.
Consider first reading for zoning change and site plan approval
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to Presentation
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-465b
(G)
for Commission and Council Members Only
Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Lorrie Fletcher (748-8069)
BACKGROUND INFORMATION
OWNER/APPLICANT: Noble Oaks Partners
PROPERTY SITUATION: 1121 S. Carroll Avenue
Case No.
ZA09-055
LEGAL DESCRIPTION: Lot 4, J.W. Hale No. 803 Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “S-P-1” Detailed Site Plan District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: -A zoning change to “S-P-1” with limited “O-1” Office District uses
and associated site plan was approved by City Council on
September 6, 2005.
-A single-lot plat showing was approved by the City of Southlake on
June 12, 2006.
-A zoning change and revised site plan was approved by City
Council on October 3, 2006.
P&Z ACTION: November 19, 2009; Approved (5-1) limiting the medical use to
dental only not to exceed 3,000 square feet, also including the
previously approved regulations outlined in the Site Plan Zoning
Letter; and subject to the Staff Report dated November 13, 2009.
STAFF COMMENTS: No staff review summary was provided due to the scope of the
proposal and is subject to all previous conditions of approval except
as noted.
This site is subject to all previous conditions of approval unless
specifically noted and approved. No Site Plan Review Summary is
provided. The plan meets all previous conditions of approval except
as noted above. In addition to the attached plans the following
conditions of approval apply in accordance with Case ZA06-137 and
Ordinance No. 480-465a:
“S-P-1” Detailed Site Plan District with limited “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. Granting the requested variance for driveway stacking
to allow a stacking depth of approximately 22 feet for
the drive on S. Carroll Avenue;
2. Granting the requested variance for driveway spacing
to allow approximately 183 feet of spacing from the
intersection for both proposed drives;
3. Granting the requested variance for the number of
Case No. Attachment A
ZA09-055 Page 3
parking spaces to allow a total of 49 spaces;
4. Approving the development regulation that walk-up
banking only shall be permitted (drive-thru banking is
not permitted);
5. Approving the development regulation that all medical
uses that would require one space per 150 square
feet are eliminated due to parking ratio;
6. Approving the development regulation that the
setback line from single family residential property
shall be eighty (80) feet and the building height shall
be allowed to encroach above the 4:1 slope by 12 feet
at this point;
7. Eliminating printing/copying services, medical office,
and conventional banks as permissible uses;
8. Accepting the applicant’s willingness to make as part
of the site plan approval the addition of a number of
speed bumps in the main interior drive lane sufficient
to slow traffic;
9. Accepting the perimeter fence shown in Exhibit “B”,
pages 12 and 13;
10. Recognizing that a slate roof will be made of a slate
product and the building will have stucco, stone, and
cedar as shown on the building elevations;
11. Requiring the applicant to put opaque covers on
windows at a later date if the issue of office tenants
looking out at adjoining neighbors is determined to be
a problem;
12. Recognizing that the applicant has committed to add
four (4) twelve (12) foot live oak trees along the north
and east property lines;
13. Recognizing that the applicant is in the process of
entering into agreements with the adjoining neighbors
regarding the planting of canopy and/or under story
trees on their properties according to their individual
agreements;
Case No. Attachment A
ZA09-055 Page 3
14. Recommending that a left turn lane be striped on east
bound Continental Blvd. adjacent to the offices;
15. And, requiring the applicant to install a six (6) foot
sidewalk along E. Continental Blvd. and S. Carroll
Avenue as shown on the plan;
16. Noting the applicant has agreed to add an additional
seven off-site live oaks and three crape myrtles at
locations to be determined by the neighbors;
Case No. Attachment A
ZA09-055 Page 3
Case No. Attachment B
ZA09-055 Page 1
PREVIOUSLY APPROVED SITE PLAN
LINK TO POWERPOINT PRESENTATION
Case No. Attachment C
ZA09-055 Page 1
Case No. Attachment C
ZA09-055 Page 2
Surrounding Property Owners
The Offices at Noble Oaks
SPO
#OwnerZoningLand UseAcreageResponse
1.269
1Noble Oaks Partners LpSP1Medium Density ResidentialNR
0.479
2Rees, Gardner Etux SianSF20AMedium Density ResidentialNR
0.492
3Firestone, John Etux DaphneSF20AMedium Density ResidentialNR
0.494
4Klatt, ErnestSF20AMedium Density ResidentialNR
0.469
5Panther, Joseph L Etux DianaSF20AMedium Density ResidentialNR
0.465
6Deal, Jeffrey L Etux PamelaSF20AMedium Density ResidentialNR
0.463
7Pitcock, Gary D Etux Sherry MSF20AMedium Density ResidentialO
0.665
8Kugler, Albert H Etux Lynn PSF20AMedium Density ResidentialNR
0.480
9Atkins, Peter & Bonnie AtkinsSF20AMedium Density ResidentialNR
0.134
10South Hollow Homeowners AssnSF20AMedium Density ResidentialNR
0.492
11Gilchrest, Eric Etux SusanRPUDMedium Density ResidentialNR
1.003
12Timarron Owners Assn IncRPUDMedium Density ResidentialNR
Case No. Attachment D
ZA09-055 Page 1
4.913
13Versailles Homeowners AssocAGPublic Parks/Open SpaceNR
0.814
14Wright, JoeRPUDOffice CommercialNR
0.213
15Wright, Joe LAGMixed UseNR
0.448
16Metroplex Acoustical IncAGMixed UseNR
0.223
17Wright, Joe LI1Mixed UseNR
0.982
18Metroplex Acoustical IncI1Mixed UseNR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eighteen (18)
Responses Received:
One (1)
1) Pitcock, Gary D Etux Sherry M
Notification
, 1506 Spruce Ct., Southlake, TX; Submitted a
Opposed To
Response Form
stating on November 13, 2009 (attached).
Case No. Attachment D
ZA09-055 Page 2
Case No. Attachment E
ZA09-055 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-465b
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 4, J.W. HALE NO. 803 ADDITION, BEING
APPROXIMATELY 1.2 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1”
DETAILED SITE PLAN DISTRICT WITH LIMITED “O-1” OFFICE
DISTRICT USES, TO “S-P-1” DETAILED SITE PLAN DISTRICT
WITH LIMITED “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
plan; and
Case No. Attachment F
ZA09-055 Page 1
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 and the general welfare; effect on light and air; effect on the over-
crowding of the land; effect on the concentration of population, and effect on
transportation, water, sewerage, schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered
among other things the character of the districts and their peculiar suitability for particular
uses and the view to conserve the value of the buildings, and encourage the most
appropriate use of the land throughout this City; and,
Case No. Attachment F
ZA09-055 Page 2
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.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of
Case No. Attachment F
ZA09-055 Page 3
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 4, J.W. Hale No. 803 Addition, being approximately 1.2 acres, and
more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site
Plan District with limited “O-1” Office District uses to “S-P-1” Detailed Site
Plan District with limited “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. Granting the requested variance for driveway stacking to allow a
stacking depth of approximately 22 feet for the drive on S. Carroll
Avenue;
2. Granting the requested variance for driveway spacing to allow
approximately 183 feet of spacing from the intersection for both
proposed drives;
3. Granting the requested variance for the number of parking spaces to
allow a total of 49 spaces;
4. Approving the development regulation that walk-up banking only shall
be permitted (drive-thru banking is not permitted);
5. Approving the development regulation that all medical uses that
would require one space per 150 square feet are eliminated due to
parking ratio;
6. Approving the development regulation that the setback line from
single family residential property shall be eighty (80) feet and the
building height shall be allowed to encroach above the 4:1 slope by
12 feet at this point;
7. Eliminating printing/copying services, medical office, and
conventional banks as permissible uses;
8. Accepting the applicant’s willingness to make as part of the site plan
approval the addition of a number of speed bumps in the main interior
drive lane sufficient to slow traffic;
9. Accepting the perimeter fence shown in Exhibit “B”, pages 12 and 13;
10. Recognizing that a slate roof will be made of a slate product and the
Case No. Attachment F
ZA09-055 Page 4
building will have stucco, stone, and cedar as shown on the building
elevations;
11. Requiring the applicant to put opaque covers on windows at a later
date if the issue of office tenants looking out at adjoining neighbors is
determined to be a problem;
12. Recognizing that the applicant has committed to add four (4) twelve
(12) foot live oak trees along the north and east property lines;
13. Recognizing that the applicant is in the process of entering into
agreements with the adjoining neighbors regarding the planting of
canopy and/or under story trees on their properties according to
their individual agreements;
14. Recommending that a left turn lane be striped on east bound
Continental Blvd. adjacent to the offices;
15. And, requiring the applicant to install a six (6) foot sidewalk along E.
Continental Blvd. and S. Carroll Avenue as shown on the plan; and,
16. Noting the applicant has agreed to add an additional seven off-site
live oaks and three crape myrtles at locations to be determined by
the neighbors.
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.
Case No. Attachment F
ZA09-055 Page 5
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect
to both present conditions and the conditions reasonably anticipated to exist in the
foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to
prevent over-crowding of land; to avoid undue concentration of population; and to facilitate
the adequate provision of transportation, water, sewerage, drainage and surface water,
parks and other commercial needs and development of the community. They have been
made after a full and complete hearing with reasonable consideration among other things
of the character of the district and its peculiar suitability for the particular uses and with a
view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, 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.
Case No. Attachment F
ZA09-055 Page 6
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 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.
Case No. Attachment F
ZA09-055 Page 7
st
PASSED AND APPROVED on the 1 reading the ___day of ______, 2009.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the _____day of ________, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA09-055 Page 8
EXHIBIT “A”
Being Lot 4, J.W. Hale No. 803 Addition, being approximately 0.96134 acres.
Case No. Attachment F
ZA09-055 Page 9
EXHIBIT “B”
Case No. Attachment F
ZA09-055 Page 10
Case No. Attachment F
ZA09-055 Page 11