Item 4O
Department of Planning & Development Services
S T A F F R E P O R T
December 10, 2008
ZA08-100
CASE NO:
Zoning Change and Site Plan for Phase II of Southlake Boulevard Presbyterian Church
PROJECT:
REQUEST: On behalf of Southlake Boulevard Presbyterian Church, C.M. Architecture is requesting
approval of a zoning change and site plan. The purpose of this request is to revise the
currently approved concept plan and site plan and to change the zoning of a lot
acquired west of the existing church from “C3” Retail Commercial District to “CS”
Community Service District in order to match the zoning of the existing church. This lot
is planned for future parking expansion. The driveway configuration for Lot 14, Block 6
on Corporate Circle has been revised to show the connection to the north as stipulated
in the P&Z motion and the southern driveway has been removed, eliminating a spacing
issue that required a variance.
VARIANCES
REQUESTED: 1. A variance is requested to the vertical articulation requirements in Ord. 480, Section
43.9.c.1.c. on all facades visible from a Corridor R.O.W. and/or any portion of the
building within 400’ of a property zoned or designated residential.
2. A variance to Driveway Ordinance 634, Section 5.2 (d), requiring a stacking depth of
100’ is requested. Approximately thirty-eight (38) feet is provided.
Consider first reading for zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Exhibit
Review Summary No. 4, dated December 9, 2008
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) SPIN Report
Ordinance No. 480-312a
(I)
for Commission and Council Members Only
(J) Full Size Plans ()
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA08-100
BACKGROUND INFORMATION
OWNER: Southlake Boulevard Presbyterian Church
APPLICANT: C.M. Architecture
PROPERTY SITUATION: 1452 W. Southlake Blvd. and 1470 Corporate Circle
LEGAL DESCRIPTION: Lots 3 and 14, Block 6, Southridge Lakes Addition, Southlake, Tarrant County,
Texas
LAND USE CATEGORY: Retail Commercial and Office Commercial
CURRENT ZONING: “CS” Community Service and “C3” General Commercial
REQUESTED ZONING: “CS” Community Service
HISTORY: -A zoning change and concept plan (ZA99-032) from “C3” General Commercial
to “CS” Community Service was approved by City Council on July 6, 1999.
-A plat revision (ZA99-034) for Lot 3, Block 6, Southridge Lakes Addition was
approved by City Council on September 21, 1999.
-A site plan (ZA99-042) for Phase I was approved by City Council on
September 21, 1999.
PATHWAYS
MASTER PLAN: An eight (8) foot multi-use trail is programmed along the north side of W.
Southlake Blvd. and it is shown on the plan.
WATER & SEWER: There is an existing 8 inch diameter water line located on the west side of the
existing building serve this development. There is an existing 8 inch sewer line
located on the west side of this property to serve this new development.
DRAINAGE ANALYSIS: The drainage from this development is generally to the northwest.
TREE PRESERVATION: The only existing trees proposed to be removed are required landscape trees
planted during the first phase of construction, six (6) Crape Myrtles, one (1)
Cedar Elm, and one (1) Eastern Red Cedar. Two (2) existing trees that are in a
parking lot median within the north parking area are proposed as borderline
because the alteration of the existing parking lot may impact the critical root
zone area of the trees. If the cut of the existing concrete is made on the south
side of the north access drive and the access drive and curb remains in-place,
the trees should not be impacted by the construction.
P&Z ACTION: December 4, 2008; Approved (4-0) subject to Revised Review Summary No. 3,
dated December 4, 2008; granting the requested variances to vertical
articulation and driveway stacking requirements and denying the variance to
driveway spacing, noting the applicant’s willingness to tie the southern
driveway entrance on Corporate Circle into the existing driveway entrance on
Lot 5, Block 6, to provide cross access to Lot 14, Block 6 to the north, to
modify the landscape plan to include street trees matching the existing trees on
Corporate Circle and noting that the impervious coverage for the entire site for
all phases is not to exceed 65% as required by ordinance.
Case No. Attachment A
ZA08-100 Page 1
STAFF COMMENTS: The P&Z motion stipulated that the landscape ordinance be modified to include
street trees matching the existing trees along Corporate Circle. Although some
of the trees along Corporate Circle are Cedar Elms, the City Landscape
Administrator recommends planting Live Oaks spaced at 20’-25’ to match the
majority of the existing street trees. The driveway configuration for the lot on
Corporate Circle has been revised to show the connection to the north as
stipulated in the P&Z motion and the southern driveway has been removed,
eliminating the spacing issue that required a variance. The motions from the
zoning and concept plan case that was approved by City Council September
21, 1999 are included below.
P&Z ACTION: June 3, 1999; Approved (7-0) subject to Concept Plan Review
Summary No. 3, dated May 28, 1999, deleting Item #1.a (driveway spacing);
deleting Item #1.b but requiring the applicant to move the west entry as far
north as possible and make it wide enough to meet the Fire Marshal’s approval
but not allowing any parking spaces to be extended any closer to F.M. 1709
(no further south than what is shown on plans); allowing Item #2.b (perimeter
bufferyards) as shown; and acknowledging the applicant’s agreement to
provide a sidewalk along F.M. 1709.
COUNCIL ACTION FIRST READING: June 15, 1999; Approved (7-0) subject to
Concept Plan Review Summary No. 3, dated May 28, 1999, and per P&Z's
recommendation except also allowing the stacking as shown on the west. Not
in the motion was a recommendation for them to pay particular attention to the
lighting and landscaping/bufferyards adjacent to the residences - (suggested a
berm and pine trees even if the berm encroached into 20' DUE - if okay with
engineering) in lieu of fencing, and also suggested that the dumpster be
relocated on the west side away from the residences.
COUNCIL ACTION SECOND READING: July 6, 1999; Approved (7-0) subject
to Concept Plan Review Summary No. 3, dated May 28, 1999, with the
variances as approved at First Reading; adding a requirement that the
applicant provide a sidewalk along F.M. 1709; deleting all references to lighting
on the concept; and requiring that the dumpsters be located not closer to
residential than the existing dumpster at La Petite Academy and that it be
shielded from view of F.M. 1709.
Case No. Attachment A
ZA08-100 Page 2
Case No. Attachment B
ZA08-100 Page 1
Plans and support information
Case No. Attachment C
ZA08-100 Page 1
Site Plan
Case No. Attachment C
ZA08-100 Page 2
Variance Exhibit
Case No. Attachment D
ZA08-100 Page 1
Case No. Attachment D
ZA08-100 Page 2
SITE PLAN REVIEW SUMMARY
ZA08-100Four12/09/08
Case No.: Review No.: Date of Review:
Southlake Boulevard Presbyterian Church Site Plan
Project Name:
APPLICANT: C. M. Architecture. PA Owner: Southlake Presbyterian Church
Kris Calvert Dr. Michael B. Beaugh
1300 Summit Ave. Suite 300 1452 W. Southlake Blvd.
Fort Worth, TX 76102 Southlake, TX 76092
Phone: (817) 877-0044 Phone: (8174) 442-8983
Fax: (817) 877-0418 Fax: (817) 442-8963
E-Mail: kcalvert@cmatx.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/9/08
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 RICHARD
SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Please clarify the bufferyard width to be provided on the 126.04’ north outside phase 2 limits and
the northeast 28.69’. The bufferyards shown are wider than the labels indicate. If additional
bufferyard area will be provided, please add the width provided along with the width required.
2. Label the dumpster enclosure as “a minimum 8 foot tall masonry screen wall matching the
The dumpster has been properly labeled and
principal building with a solid metal access gate.”
the requirement in the approval of the concept plan that the dumpster be located no closer
to residential properties than the existing dumpster at La Petite Academy has also been met.
3. Provide a minimum 8’ screening device meeting the requirements of Ordinance 480, Sections 33
Please separate the note concerning
and 39 along all boundaries abutting residential property.
the screening device for adjacent properties from the note for the screening around the
dumpster.
4. The property is within the Corridor Overlay Zone and must also meet the Residential Adjacency
standards. Please provide elevation plans with dimensions showing building height, wall height,
wall lengths, dimensions of horizontal and vertical articulation, and the type of exterior construction
material. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section
43.9.c.1.a is required on proposed buildings. Provide horizontal and vertical articulation meeting
the requirements of Ord. 480, Section 43.9.c.1.c. on all facades visible from a Corridor R.O.W.
The
and/or any portion of the building within 400’ of a property zoned or designated residential.
elevations do not meet the vertical articulation requirements in the Overlay Zones. A
variance request letter has been submitted.
5. Add the following items to the Site Data Summary Chart (by phase and in total) to include the
following items:
a. Impervious coverage area and percentage. The impervious coverage percentage plus
open space percentage must equal 100%.
b. Correct the Phase 2 site area. The area is shown as 183,042.67 square feet in the site
The Site Data Summary
area row and 183,024.67 square feet in the open space row.
needs to include all land area, building area, parking and impervious coverage for all
Case No. Attachment E
ZA08-100 Page 1
future phases, including Lot 14, Block 6. If future phases are not known to an exact
figure, note a ±. Impervious coverage cannot exceed 65% for build out.
6. The following comments refer to driveways and parking. All driveways/points of ingess/egress
must comply with the Driveway Ordinance No. 634, as amended). The following changes are
needed:
a. If the north driveway on Lot 14, Block 6 is approved, provide a connection by way of a
The connection is shown on
common access easement to Lot 13, Block 6 to the north.
the revised plan. A common access easement will be required on the amended plat
that is being approved by staff.
b. The driveway stacking for the drive to Corporate Circle does not meet the minimum
required. One-hundred (100) feet is required. Approximately thirty-eight (38) feet is
Please add the variance request to the Variance Request letter.
provided.
c. Show any existing driveways across adjoining rights-of-way and note the type of pavement
and use (residential, commercial, etc.)
d. Include in the Site Data Summary Chart that 912 spaces are provided in Lot 14, Block 6 in
a future phase.
7. Include the buildings in the future phases (grayed out) on the site plan as they are shown on the
concept plan that was approved in 1999.
8. Show the 8’ multi-use trail along Southlake Blvd. extending to the east property line on the
landscape plans and the tree conservation plans.
9. Parking lot islands must be 12’ wide equal to or greater than the depth of the spaces.
10. Show the street trees agreed to at the P&Z meeting on the landscape plan. The Landscape
Administrator recommends Live Oaks spaced at 20’ to 25’.
Case No. Attachment E
ZA08-100 Page 2
11. Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
TREE CONSERVATION COMMENTS:
* The only existing trees proposed to be removed are required landscape trees planted during the first
phase of construction, six (6) Crape Myrtles, one (1) Cedar Elm, and one (1) Eastern Red Cedar. Two
(2) existing trees that are in a parking lot median within the north parking area are proposed as
borderline because the alteration of the existing parking lot may impact the critical root zone area of
the trees. If the cut of the existing concrete is made on the south side of the north access drive and
the access drive and curb remains in-place, the trees should not be impacted by the construction.
LANDSCAPE COMMENTS:
1. With the approval of the previous Site Plan the following motions were made regarding landscape
requirements.
Requiring the bufferyards to be placed along Lot 20 and the first 30’ of Lot 19 with Phase I but
acknowledging the applicant’s agreement to phase in the remainder of the bufferyards as phasing
begins; acknowledging the applicant’s agreement to maintain the plantings in perpetuity.
The required north bufferyard plant material was installed per the motion during the Phase 1
construction of the development. The remainder of the required north bufferyard plant material
is proposed to be installed along with the additional required interior landscape plant material.
2. Provide one (1) north bufferyard. The entire north property line is the north bufferyard.
3. I don’t think the additional parking in the new lot on Corporate Drive is proposed to be constructed with
the Phase II development, but when it is constructed parking lot landscape islands meeting the
required width and length required by the Landscape Ordinance 544-A, must be constructed at all
The islands have been added to the plan, but they must be 12’ wide
ends of the rows of parking.
for the entire length of the spaces.
# Denotes required items.
* Denotes informational or suggested items.
Case No. Attachment E
ZA08-100 Page 3
Public Works/Engineering Review
Michelle McCullough
Civil Engineer
(817) 748-8274
EASEMENTS:
1. There appears to be an 8 inch public water line that is located on this property and is not located in an
easement. This line will cross property lines and will be required to be in an easement.
* Provide all necessary easements for all public water, sanitary sewer and drainage. Easements shall
be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is
required if both storm sewer and sanitary sewer will be located within the easement.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
WATER COMMENTS:
1. The minimum size for public water lines is 8”. Typically the water meter is located just off the
main line. The engineer should consider placement of the water meter in the pavement with a
private service running to the building. The City will not maintain the proposed 40+ feet of 2
inch service before the meter.
* There is an existing 8 inch diameter water line located on the west side of the existing building serve
this development.
* The water meters and fire hydrants must be located in an easement or right-of-way.
* The fire line will need to be separate from the service lines.
SANITARY SEWER COMMENTS:
* The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public
sanitary system line that is built to City standards.
* All sewer lines in easements or ROW must be constructed to City standards.
* There is an existing 8 inch sewer line located on the west side of this property to serve this new
development.
DRAINAGE COMMENTS:
* Show the limits of the floodplain if applicable.
* Calculations will be required to verify that the proposed curb inlets will be able to handle the volume of
storm water at proposed conditions.
* The storm sewer will be public if runoff from other than this development site is collected in the system
and transported, or the storm sewer crosses property lines. All public storm sewer will be 18” RCP
minimum.
* This property drains into Critical Drainage Structure #20 ($214.29/acre) and requires a fee to be
paid prior to beginning construction.
* The drainage from this development is generally to the northwest.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit 4 copies
of the civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
checklist, standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM
1938 or SH 114. Submit application and plans directly to TxDOT for review.
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082
Case No. Attachment E
ZA08-100 Page 4
to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* A separate bond will be required for the Maintenance Bond and bound only unto the City
of Southlake for a period of two years for all development projects. The Maintenance
Bond cannot be tied to the Performance and Payment Bond in any way.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
Case No. Attachment E
ZA08-100 Page 5
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 E
ZA08-100 Page 6
Surrounding Property Owners
- - - - --
SPOOwner ZONING Land Use ACREAGE
#
1 Carroll ISD SP1 Medium Density Residential, Public/Semi-56.04
Public
2 Burchfield, Michael R SF20A Medium Density Residential 0.68
& Karen
3 McLendon, Michael SF20A Medium Density Residential 0.49
Etux Debbie
4 Chealander, Steven SF20A Medium Density Residential 0.51
Etux Rebecc
5 Smith, Robert Etux SF20A Medium Density Residential 0.62
Sandra
6 Seyedkalal,MirjalalaeSF20A Medium Density Residential 0.56
dim Etux
7 Behringer, Rocklin & SF20A Medium Density Residential 0.49
Nancy J
8 Moore, Jack Etux SF20A Medium Density Residential 0.47
Sharon
9 Richardson, Gary SF20A Medium Density Residential, Office 0.47
Etux Patricia Commercial
Case No. Attachment F
ZA08-100 Page 1
10 Wallace, N B III Etux SF20A Medium Density Residential, Office 0.51
Lucretia Commercial
11 Nelson, Lisa Etvir SF20A Medium Density Residential, Office 0.48
Mark N Commercial
12 Southridge Lakes C3 Medium Density Residential, Retail 3.44
Hmowner Assn Commercial
13 Realty Income Texas C3 Medium Density Residential, Office 0.97
Prop Lp Commercial, Retail Commercial
14 Southlake Blvd CS Medium Density Residential, Office 5.02
Presbyterian C Commercial, Retail Commercial
15 Southlake Safeco Ltd C3 Office Commercial, Retail Commercial 1.31
16 Southlake 114 C3 Office Commercial, Retail Commercial 0.81
Investors
17 7-Eleven Inc C3 Office Commercial, Retail Commercial 0.99
18 Southlake Chamber C3 Office Commercial, Retail Commercial 0.46
Of Commerce
19 Realtex Ventures Inc C3 Office Commercial 1.36
20 Realtex Ventures Inc C3 Medium Density Residential, Office 1.73
Commercial
21 Eric H Schmidt Llc C3 Office Commercial 0.81
22 Jns Land Family Lp C3 Office Commercial 1.20
23 Southlake Blvd C3 Office Commercial, Retail Commercial 0.98
Presbyterian Ch
Case No. Attachment F
ZA08-100 Page 2
Surrounding Property Owner Responses
Notices Sent:
Twenty-three (23)
Responses Received:
Two (2)
1) Mirjalalaedim & Soraya Seyedkalal (6),
Notification Response
104 San Jacinto Ct., submitted a
opposition
Form
and supporting letter in on December 1, 2008 (see attached).
2) Michael & Debbie McLendon (3),
Notification Response Form
110 San Jacinto Ct., submitted a in
favor of
on December 2, 2008 (see attached).
Case No. Attachment G
ZA08-100 Page 1
Case No. Attachment G
ZA08-100 Page 2
Case No. Attachment G
ZA08-100 Page 3
SPIN MEETING REPORT
CASE NO.
None assigned
PROJECT NAME:
Southlake Boulevard Presbyterian Church Education Building
SPIN DISTRICT: 13
MEETING DATE:
Monday, May 12, 2008 at 6:30PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Ten (10), No (0) residents
SPIN REPRESENTATIVE(S) PRESENT:
Michael Terry (13)
APPLICANT(S) PRESENTING:
Kris Calvert
STAFF PRESENT:
Planner Richard Schell
STAFF CONTACT:
Richard Schell, (817) 748-8602; rschell@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Location
1452 W. Southlake Boulevard.
Development Details
Proposing an 11,785 sq. ft. one-story children's and adult education building behind the
existing gym / meeting building.
Requesting a zoning change for a 0.97 acre lot to the west for parking.
A plat revision in conjunction with the site plan and zoning change.
QUESTIONS & DISCUSSION
No residents attended.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives.
The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and
appointed officials, City staff, and the public of the issues and questions raised by residents and the
general responses made. Responses as summarized in this report should not be taken as guarantees by
the applicant. Interested parties are strongly encouraged to follow the case through the Planning and
Zoning Commission and final action by City Council.
Case No. Attachment H
ZA08-100 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-312a
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 14,
BLOCK 6, SOUTHRIDGE LAKES ADDITION, BEING
APPROXIMATELY 0.984 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C3” GENERAL
COMMERCIAL DISTRICT TO “CS” COMMUNITY SERVICE
DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “C3” General
Commercial District under the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment I
ZA08-100 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
Case No. Attachment I
ZA08-100 Page 2
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 Lot 14, Block 6, Southridge Lakes Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
4596, Plat Records, Tarrant County, Texas, and being approximately 0.984 acres,
and more fully and completely described in Exhibit “A” from “C3” General Commercial
District to “CS” Community Service District, as depicted on the approved Site Plan
attached hereto and incorporated herein as Exhibit “B”, and subject to the following
specific conditions:
Case No. Attachment I
ZA08-100 Page 3
1.
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.
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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
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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.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2008.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Lot 14, Block 6, Southridge Lakes Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 4596, Plat Records, Tarrant
County, Texas, and being approximately 0.984 acres
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EXHIBIT “B”
Site Plan
Reserved for Approved Site Plan
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Elevations
Reserved for Approved Elevations
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Variance Letter
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