Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
December 10, 2008
ZA08-086
CASE NO:
Zoning Change for 260 S. Peytonville Avenue
PROJECT:
REQUEST: The City of Southlake is requesting a zoning change from the current S-P-2
Generalized Site Plan District to a district representing the highest or best use of the
property as provided in the City’s Comprehensive Zoning Ordinance No. 480, as
amended.
Each of the individually owned lots or tracts listed are a part of a 5.8 acre “S-P-2”
zoned office development containing seven office buildings totaling 51,000 square feet.
The developer of that office development did not follow through with the purchase and
development of the plan following its approval. This has left the five individual tract
owners tied together under the current S-P-2 zoning and plan. The purpose of this
request is separate these tracts from the current S-P-2 Generalized Site Plan District.
Staff has included a Plan ‘A’ and Plan ‘B’ Concept Plan for the City Coucnil to consider
with the zoning change. Plan ‘A’ is the plan submitted with the owner initiated zoning
for 240 S. Peytonville Avenue. This plan includes a site plan for 240 Peytonville and a
Concept Plan for 200, 210, 260 and 280 S. Peytonville Avenue. The City has added
notes to the plan requiring common access driveway stubs into the west boundary and
requiring a minimum 3 ft. tall berm with an evergreen ‘H-1’ type hedge row along the
east boundary between the parking lots and S. Peytonville Avenue.
The City staff prepared a new Concept Plan ‘B’ which relocated the parking behind the
buildings and provides three common access stubs into the west boundary.
The following variances are requested:
1) Driveway Spacing between the to most northerly driveways, 250 feet is
required and approximately 170 feet is provided (Plans A & B);
2) Driveway Stacking – 75 feet is required. Approximately 28 feet is provided on
Plan ‘A’. Approximately 40 feet is provided on the north driveway and 50 feet
on the middle driveway on Plan ‘B’.
3) Bufferyards – Where a common driveway crosses, directly abuts, splits or
crosses a lot boundary, no bufferyard shall be required Plan ‘A’ and Plan ‘B’.
1.) Conduct a public hearing
ACTION NEEDED:
2. Consider approval of the zoning change
Case No.
ZA08-086
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Link to Plans and Support Information
(D) Concept Plan Review Summary No. 1, dated October 15, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-574
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA08-086
BACKGROUND INFORMATION
OWNER: 260 S. Peytonville,
Larry W Akard
APPLICANT: City of Southlake
PROPERTY SITUATION: 260 S. Peytonville Avenue
LEGAL DESCRIPTION: Lots 2 Akard Addition.
LAND USE CATEGORY: Medium Density Residential with a T-1 Transition District overlay option
CURRENT ZONING: S-P-2 Generalized Site Plan District
REQUESTED ZONING: The highest and best use as provided in the City’s Comprehensive Zoning
Ordinance No. 480, as amended
HISTORY: A zoning change and concept plan for S-P-2 zoning with O-1 office uses was
approved in November of 2002.
P&Z ACTION: September 18, 2008; Approved to table (7-0) until October 9, 2008.
October 9, 2008; Approved (4-1), for “O-1” office district zoning subject to the
Concept Plan presented by City staff and stipulating that the driveways be
approved as shown on the concept plan and that subsequent site plans be
consistent with the concept plan and comply with applicable development
regulations. Commissioner Wang dissented.
CITY COUNCIL ACTION: October 21, 2008; Approved (5-0), approving the O-1 District zoning
specifically noting there will be a requirement for a concept plan for this site;
noting it will be required to follow the requirements of the entry points as set
out in agenda item 7D; noting there will be cross access requirements on this
property to the properties on either side of it; in addition this property, in
conjunction with the following properties staff will, at the next reading, present
Council with what will be the cross access to the west on one of these
properties and so this property will be subject to that as well as the others until
Council knows which property it is; and subject to Concept Plan Review
Summary No. 1, dated October 15, 2008.
November 18, 2008; Approved to table (7-0) until the December 2, 2008
Regular City Council Meeting.
December 2, 2008; Approved to table (7-0) until the December 16, 2008
Regular City Council Meeting.
STAFF COMMENTS: The City of Southlake is requesting a zoning change from the current S-P-2
Generalized Site Plan District to a district representing the highest and best
use of the property as provided in the City’s Comprehensive Zoning Ordinance
No. 480, as amended.
This each of the individually owned lots or tracts listed are a part of a 5.8 acre
“S-P-2” zoned office development containing seven office buildings totaling
51,000 square feet. The developer of that office development did not follow
Case No. Attachment A
ZA08-086
Page 1
through with the purchase and development of the plan following its approval.
This has left the five individual tract owners tied together under the current S-
P-2 zoning and plan. The purpose of this request is separate these tracts from
the current S-P-2 Generalized Site Plan District.
Case No. Attachment A
ZA08-086
Page 2
Case No. Attachment B
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Page 1
Link to Plans and Support Information
Case No. Attachment B
ZA08-086
Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA08-086Two12/10/08
Case No.: Review No.: Date of Review:
Concept Plan
Project Name: – 260 S. Peytonville Avenue
OWNER/APPLICANT:
Donald Davis
200 S. Peytonville Ave.
Southlake, Texas 76092
(817) 488-7161
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/10/08 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF
CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY
QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072 OR
BEN BRYNER (817) 748-8602.
1. The minimum spacing between driveways along an arterial roadway is 250 feet. The
applicant proposed a driveway approximately 220 feet from an existing driveway to the north
(A variance is requested)
and 170 feet to a future driveway to the south.
2 The underlying land use designation is Medium Density Residential with a T-1 (Transition)
optional land use designation. The Medium Density Residential category allows for limited
low intensity office uses. However, the Land Use Plan recommends that office buildings in
the Medium Density Residential category be limited to 1-2 stories with footprints less than
6,000 square feet.
3. Provide an 8 foot trail as required along S. Peytonville Avenue by the Master Pathways
Plan. Provide connecting internal sidewalk(s) to the trail.
4. Provide common access easements centered over and covering the width of all connecting
driveways.
Environmental Resource Protection Recommendations
* There are no specifically identified conservation areas on this property. Although not
required by ordinance, trees should be preserved whenever feasible. A Tree Conservation
Analysis is required.
INFORMATIONAL COMMENTS:
* All development must comply with the City’s Drainage Ordinance No. 605 and Erosion and
Sediment Control Ordinance No. 946.
Case No. Attachment B
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Page 1
*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, and a site plan, landscape plan, irrigation
plan, and building plans, must be submitted for approval and all required fees must be paid.
This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee,
Water & Sewer Impact and Tap Fees, and related Permit Fees.
* This site falls within the applicability of the residential adjacency standards as amended by
Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards”. Although no
review of the following issues is provided with this concept plan, the applicant must evaluate
the site for compliance prior to submittal of the site plan. A Site Plan meeting all
requirements of the underlying zoning district must be submitted and approved by the
Planning and Zoning Commission and City Council prior to issuance of a building permit.
Note that these issues are only the major areas of site plan review and that the
applicant is responsible for compliance with all site plan requirements:
Masonry requirements per Section 43, Ordinance 480, as amended and Masonry
•
Ordinance No. 557, as amended.
Roof design standards per Section 43, Ordinance 480, as amended
•
Mechanical Equipment Screening
•
Vertical and horizontal building articulation (required on all building facades) per
•
Section 43, Ordinance 480, as amended.
Building setback standards as per Section 43, Ordinance 480, as amended.
•
Spill-over lighting and noise per the Lighting and Noise Ordinances, as amended.
•
Off-street parking requirements per Ordinance 480, as amended. All areas intended
•
for vehicular use must be of an all weather surface material in accordance with the
Ordinance No. 480, as amended.
Screening as per, Ordinance 480, as amended.
•
Bufferyards in compliance with Ordinance No. 480, Section 42.
•
Interior landscaping per Landscape Ordinance No. 544, as amended.
•
Fire lanes must be approved by the City Fire Department.
•
* Denotes Informational Comment
Case No. Attachment B
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Page 2
Surrounding Property Owners
200, 210, 240, 260 & 280 S. Peytonville Ave.
SPO # Owner Zoning Land Use Acreage
1.
Bradner Central Co C2 Retail Commercial 2.18
2.
Ott Real Estate Inv Ltd O1 Retail Commercial 1.28
3.
May, Clentis L Etux Wanda J SP2 Medium Density Residential 1.02
4.
Akard, Larry W SP2 Medium Density Residential 1.01
5.
May, Wanda Jean SP2 Medium Density Residential 1.95
6.
Baker, Bruce R Etux Betty L SF20A Medium Density Residential 0.54
7.
Park, Louis Y Etux Tina R SF20A Medium Density Residential 0.48
8.
Lewandowski, Mark Etux Audra SF20A Medium Density Residential 0.73
9.
Huang, Craig J Etux Leigh E SF20A Medium Density Residential 0.47
10.
Christensen, Mark L Etux Socor SF20A Medium Density Residential 0.46
11.
Tak, Hyun Duk Etux Cindy SF20A Medium Density Residential 0.39
12.
Southlake Woods Lp SF20A Medium Density Residential 0.18
13. Medium Density Residential,
Carroll ISD SP1 Public/Semi-Public 56.04
14. Retail Commercial, Medium
Davis, Donald G SP2 Density Residential 1.01
15.
Greenwood, Robert C & Andrea SP2 Medium Density Residential 1.01
16. Retail Commercial, Medium
W & B Kidd Family Ltd Prntshp C2 Density Residential 14.04
17.
Skinner, Mark SP2 Medium Density Residential 1.01
Case No. Attachment C
ZA08-086
Page 1
Surrounding Property Owner Responses
200, 210, 240, 260 & 280 S. Peytonville Ave.
Notices Sent:
Seventeen (17)
Responses Received:
None (0)
Case No. Attachment D
ZA08-086
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-574
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 2
AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-
1” OFFICE DISTRICT USES TO “O-1” OFFICE DISTRICT, AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, OR
OTHER ZONING DISTRICT WHICH REPRESENTS THE HIGHEST
OR BEST USE OF PROPERTY AS PROVIDED IN THE CITY’S
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED,
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 “S-P-2” Generalized
Case No. Attachment H
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ZA08-086 Page
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 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
Case No. Attachment H
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ZA08-086 Page
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 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 2 Akard Addition, an addition to the City of Southlake and more fully
and completely described in exhibit “A” from “S-P-2” generalized site plan
district with “O-1” office district uses to “O-1” office district, as depicted on the
approved concept plan attached hereto and incorporated herein as exhibit “B”,
or other zoning district which represents the highest or best use of property as
Case No. Attachment H
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provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended
,
and subject to the following specific conditions:
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
Case No. Attachment H
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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.
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.
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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.
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:
Case No. Attachment H
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________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment H
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EXHIBIT “A”
Being Lot 2 Akard Addition. an addition to the City of Southlake, Tarrant County Texas, according
to the Plat recorded in Volume 388-142, Page 100 Plat Records, Tarrant County, Texas
Case No. Attachment H
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EXHIBIT “B”
(Reserved for approved concept plan if applicable)
Case No. Attachment H
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