Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
November 24, 2008
CASE NO:ZA08-044
PROJECT:Zoning Change and Site Plan for
Regent’s Professional Park
REQUEST:
On behalf of NADO Ltd., Blake Architects is requesting approval of a Zoning Change
and Site Plan from “SF-1A” Single-Family Residential District to “S-P-1” Detailed Site
Plan District for the development of five (5) medical office buildings of approximately
6,000 sq ft each on 3.54 acres.
The proposed “S-P-1” Detailed Site Plan District will follow the permitted uses and
development regulations of the “O-1” Office District with the exceptions noted in
Attachment C, Page 3.
A Variance to the “Minimum Distance to an Intersection along a Roadway” is being
requested with this application. The proposed driveway is 348-feet west of the River
Oaks Drive intersection with Southlake Blvd; 500-feet is required.
This zoning request is not consistent with the Southlake 2025 Land Use
recommendation of “Low Density Residential” in this location. The applicant has
requested an amendment to the Comprehensive Land Use Plan (CP08-001) to change
this location’s land use to “Office Commercial.”
The plan proposes the following:
Gross / Net Acreage 3.54 acres
% Impervious Coverage 63%
% Open Space 37%
Number of Office Buildings 5
Total Building Square Footage 29,570 square feet
Parking Provided 171 spaces
Effective Parking Ratio 1 space per 173 square feet
ACTION NEEDED:1. Conduct public hearing
st
2. Consider zoning change and site plan 1 reading approval
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Revised Site Plan Review Summary No. 6, dated December 2, 2008
(E) SPIN Report – September 22, 2008
Case No.
ZA08-044
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-577
for Commission and Council Members Only
( I ) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA08-044
BACKGROUND INFORMATION
OWNER:
NADO LTD.
APPLICANT:
Blake Architects
PROPERTY SITUATION:
2580 and 2530 W. Southlake Boulevard
LEGAL DESCRIPTION:
Tracts 2C14 and 2C15, J.G. Allen Survey, Abstract No. 18
CURRENT ZONING:
SF-1A Single Family Residential District
REQUESTED ZONING:
S-P-1 Detailed Site Plan District
HISTORY:
A Zoning Change for “SF-1A” Single Family Residential was approved for the
Jellico Estates area in 1973.
There is no further development history on this property.
SOUTHLAKE 2025 PLAN:
Consolidated Land Use Plan
Low Density Residential – A category for single-family detached residential
development at a density of one or fewer dwelling units per acre. Other
suitable activities are those permitted in the Public Parks / Open Space and
Public / Semi-Public categories. The Low Density Residential category
encourages the openness and rural character of the City of Southlake.
Davis Blvd /FM 1938 Corridor Plan
Davis Boulevard/F.M. 1938 Corridor Plan
The recommends a transition from
higher intensity retail and office uses near the Southlake Boulevard and
F.M. 1938 intersection to lower intensity office and residential uses adjacent
to Jellico Estates. Although the land use designation of the subject site is
Davis Boulevard/F.M. 1938 Corridor Plan
Low Density Residential, the notes
that property immediately adjacent to F.M. 1709 may not be suitable for
single family residential development.
Davis Boulevard/F.M. 1938 Corridor Plan
In addition, the recommends master
planning this site with the property to the east, which is the future River Oaks
Plan
development. The also recommends providing connectivity between the
properties. The applicant is proposing a drive that will connect to the River
Oaks development as well as a sidewalk that will allow pedestrians to flow
between the two office developments. A driveway stub is also proposed on the
western property boundary for future connectivity.
Environmental Resource Protection Plan
Although this site does not have any specific tree cover/open space
Environmental Resource Protection Map
preservation areas as shown on the ,
Environmental
there are several trees scattered across the property. The
Resource Protection Plan
recommends the preservation of trees whenever
feasible. The applicant’s Tree Conservation Plan indicates that approximately
30% of the existing tree coverage may be preserved.
Case No. Attachment A
ZA08-044 Page 1
Pathways Plan & Sidewalk Plan
There is an existing 8 ft. sidewalk along a majority of this property’s Southlake
Boulevard frontage. The sidewalk does not extend the entire length due to the
planned construction of a deceleration lane by TXDOT. This missing sidewalk
segment will be constructed in conjunction with the deceleration lane project.
Sidewalk Plan
Per the , a through-pedestrian zone designated by pavement
markings, pavers, or other distinctions is recommended across the entry drive.
TREE PRESERVATION:
The applicant has proposed to preserve approximately 30% of existing tree
cover; however many of the trees that are shown to be “marginal” are within
close proximity of grade changes, driveway curbs, parking stalls, or buildings
and their preservation is questionable. There are some high quality post oak
trees located on the western portion of the site that would be worth saving but
would require significant redesign of the site to accomplish this.
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan & Median Plan
Master Thoroughfare Plan
Southlake’s calls for W. Southlake Boulevard (FM
1709) to be a multi-lane TXDOT roadway requiring 130 feet of right-of-way. No
additional right-of-way is required to be dedicated by these properties at this
time.
Median Plan Urban Design Plan
The componentof Southlake’s recommends a
landscaped median in Southlake Blvd with no median break/opening at this
location. Access to a controlled intersection will be possible through an
internal driveway connection to the east.
Case No. Attachment A
ZA08-044 Page 2
TXDOT has a deceleration lane planned for Jellico Circle East just west of this
property.
Existing Area Road Network and Conditions
The development has approximately 400-feet of frontage along Southlake
Boulevard (FM 1709), a five-lane TXDOT roadway with little to no shoulder.
The development is proposing to be serviced by a single driveway onto
Southlake Blvd as well as a future connection to River Oaks Drive through the
River Oaks development to the east. A driveway stub to the western property
boundary is also proposed for future connectivity.
May 2008 traffic counts on W. Southlake Blvd (FM1709) between Davis
Blvd (FM1938) and Pearson Ln
East Bound West Bound
24hr 22,75820,943
AM Peak 2,811994
(7:15AM – 8:15AM) (11:15PM – 12:15PM)
PM Peak 1,4512,476
(4:45PM – 5:45PM) (5:30PM – 6:30PM)
Traffic Impact: Calculated Trip Ends
AM PEAK PM PEAK
HOUR HOUR
Use Units Vtpd*
IN OUT IN OUT
Medical-Dental 28,570 sq ft 953 56 15 26 72
Office (720)
th
*Vehicle Trips Per Day based on ITE’s Trip Generation Manual, 6 Edition.
**The AM/PM times represent the estimated number of vehicle trips generated during the peak
travel times on Southlake Blvd.
SPIN:
A city-wide SPIN meeting was held for this development on September 22,
2008. A summary of that meeting is included in Attachment D of this report.
P&Z ACTION:
November 6, 2008; Approved (6-1); approving the variance for the minimum
distance to an intersection along a roadway; requiring that a stub for cross-
connectivity access to property to the west; requiring the applicant to provide a
revised landscape plan for placing evergreen coverage on the north west
corner of the property; and subject to Site Plan Review Summary No. 5, dated
October 31, 2008
STAFF COMMENTS:
The applicant has submitted revised plans that reflect the recommendations of
the Planning and Zoning Commission. Those plans have been reviewed and
are the subject of the attached Revised Site Plan Review Summary No. 6,
dated December 2, 2008.
L:\Meetings\City Council\2008-12-02 CC Meeting\Item 7A.doc
Case No. Attachment A
ZA08-044 Page 3
Case No. Attachment B
ZA08-044 Page 1
SITE PLAN
Case No. Attachment C
ZA08-044 Page 1
SITE PLAN ENGLARGEMENT
Case No. Attachment C
ZA08-044 Page 2
S-P-1 DEVELOPMENT REGULATIONS
November 3, 2008
City of Southlake
Planning Department
Reference:
Regent’s Professional Park
W. Southlake Blvd.
Southlake, Texas 76092
Site Plan ZA-08-044
Proposed Permitted Uses and Development Regulations for “SP-1” Zoning
Permitted Uses
This property shall be limited to the permitted uses as found in the “O-1” Office District of the
Comprehensive Zoning Ordinance No. 480, as amended.
Development Regulations
This property shall be subject to the development regulations for the “O-1” Office District and all
other applicable development regulations within the City of Southlake with the following
exceptions/modifications:
1.An overall parking ratio of 1 space per 173 square feet of building area shall be used in
calculating required parking for the entire site. As each lot develops individually, the
appropriate number of parking spaces – either off-sit or on-site will be constructed so that
each building provides the required 1:173 ratio.
2.Fencing and screening along the northern and western property lines will be 6’ wrought
iron with masonry columns placed twenty-six (26’) on center.
3.Bufferyards along interior lot lines shall not be required for this development.
4.Rear yard, side yard, and front yard setbacks will be allowed as shown on the Site Plan,
except that the minimum setback along Southlake Blvd. (FM 1709) shall remain fifty feet
(50’) and the minimum setback adjacent to single-family residential property shall remain
twenty-five feet (25’).
Case No. Attachment C
ZA08-044 Page 3
5.The maximum impervious coverage for any individual lot shall not exceed seventy-six
percent (76%) nor shall the impervious coverage for the entire development exceed sixty-five
percent (65%).
6.One (1) loading space shall be required for the entire development.
7.The minimum preservation of existing tree canopy coverage shall be forty percent (30%).
Lot 6 (Detention Pond / Open Space) shall be owned and maintained by and through a Property
Owners Association.
Case No. Attachment C
ZA08-044 Page 4
For Additional Exhibits, please view the
POWERPOINT PRESENTATION
for this item by clicking the above link.
Case No. Attachment C
ZA08-044 Page 5
SITE PLAN REVIEW SUMMARY
ZA08-044SIX12/02/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Regent’s Professional Park
APPLICANT: ARCHITECT:
Nado I LLC Blake Architects
500 Throckmorton; Ste 2706 1202 S. White Chapel Blvd
Fort Worth, TX Southlake, TX 76092
P: (817)281-8595 P: (817)488-9397
E: blakearch@verizon.net
10/09/08
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 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
CLAYTON COMSTOCK AT (817) 748-8269
CLARIFICATION, PLEASE CONTACT .
1. The following comments are in regard to site plan labeling and site design:
a. If grading permits, provide a sidewalk connection from the westernmost internal sidewalk to
the 8’ trail along Southlake Blvd.
b. Extend the sidewalks along the fire lane to the eastern property line to connect to the River
Oaks development.
c. An 8-foot sidewalk/trail is required along this property’s entire Southlake Blvd frontage.
Any damage to existing sidewalks as a result of site development will have to be repaired
or replaced by the developer and/or builder.
d. Landscape Plan:
i. trees are required in all landscape islands. No trees appear to be proposed in the
landscape island on the east side of building E and the south side of building D.
ii. With the removal of the trees in the southeast corner of the property (per Staff’s
recommendation), revise the tree credits calculations and plant the appropriate
number and type of landscaping in that area.
2. Add a regulation to the S-P-1 development regulations that front yard setbacks along Southlake
Blvd may be reduced equal to the width of any required ROW dedication should a deceleration
lane be required for this development by TXDOT.
3. It should be noted that the proposed parking ratio of 1 space per 171 square feet is not consistent
with the individual lot parking calculations as presented in the Site Data Summary Chart. Per the
proposed SP1 Zoning Regulations, however, each lot will be required to meet the 1:171 ratio until
the development is completed.
4. Prior to issuance of a building permit, a Property Owners Association (POA) document must be
created and placed on file with the City of Soutlake. This document must address a reciprocal
parking agreement as well as ownership and maintenance of trash enclosures, fire lanes,
detention areas, open spaces, landscaping, etc.
Urban Design Plan
* The provides guidance for retaining wall design and trail amenities along Southlake
Boulevard. Any proposed changes to the existing retaining wall or any proposed trail amenities should
Plan
follow the design guidelines of the .
Case No. Attachment D
ZA08-044 Page 1
* Proposed lot lines are unclear however are not part of this review. Upon submittal of a preliminary
plat or plat showing, applicant should reconsider the shape of lots and configuration of lot lines.
*
Before building permits may be issued for this property, the property must be platted; however, platting
is not a requirement for zoning and site plan approval. Applicant may consider providing application,
fees, and plans for a multiple-lot plat showing or a preliminary plat. Fire lanes and common drives
should be located within common access easements and detention ponds should be located within
drainage easements.
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* 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.
* Please be aware that any change of tenant/owners with a request for a new C.O. will require that
all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire
lanes shall be per the Fire Department's requirements.
* Denotes Informational Comment
LANDSCAPE ADMINSTRATOR COMMENTS
CONTACT: KEITH MARTIN – (817)748-8229; kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. Some of the existing trees proposed to be preserved have parking lot curbs and sidewalks proposed
through them and grade changes that would considerably alter the critical root zone area of the trees.
Please ensure that all trees proposed to be preserved have sufficient critical root zone area preserved
to maintain their mass and that meets the requirements of the Tree Preservation Ordinance.
To preserve some of the trees it may be necessary to combine some of the parking lot landscape
medians to provide enough area to properly preserve the trees. In order to do this the following
requirements must be adhered to and there must be no grade proposed around the trees.
Existing Trees: The Landscape Administrator may approve variations to the planter island
requirements in order to preserve existing trees in interior parking areas. For existing trees the
minimum width of the planter island shall be as follows:
Tree Size Min. Island Width Min. Dist. Tree to Curb
6" - 12" DBH = 12' minimum width 4’
Greater than 12" DBH = 18' minimum width 8’
Case No. Attachment D
ZA08-044 Page 2
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the approved
Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved
by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities,
structures grading, and any other structure proposed to be constructed do not conflict with existing
trees intended to be preserved.
LANDSCAPE PLAN:
* The applicant is proposing to take existing tree credits for existing tree proposed to be preserved on
the site. Existing tree credits shall only be granted if the tree/s are in healthy condition and all
requirements of the Tree Preservation Ordinance have been met as determined by the Landscape
Administrator at the time of inspection for a Permanent Certificate of Occupancy.
# Denotes required items
* Denotes information comments
ENGINEERING COMMENTS
CONTACT: MICHELLE MCCULLOUGH – (817)748-8274
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
* Provide all necessary easements for 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.
* Coordination with the property owner to the east to obtain the proposed offsite easements will be
responsibility of the developer/owner of this development prior to construction.
* 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:
* The minimum size for public water lines is 8”.
* For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet
apart, or 600 linear feet if buildings are sprinklered.
* Water lines cannot cross property lines without being in an easement or ROW.
* There is an existing 12 inch diameter waterline that was constructed with the River Oaks Development
located to the east of this property to serve this development. There is also an existing 20 inch
diameter water line located on the south side of this development.
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.
* The sanitary sewer should not need to be extended to adjacent properties, therefore can be private
within the development unless there are plans to subdivide this property now or anytime in the future.
* There is no sewer available to this development located on Southlake Blvd.
* All sewer lines in easements or ROW must be constructed to City standards.
DRAINAGE COMMENTS:
1. The difference between pre and post development runoff shall be captured in the detention pond(s).
The proposed detention ponds shall control the discharge of the 5, 10 and 100 year storm events.
Case No. Attachment D
ZA08-044 Page 3
Detention may be required with any new proposed building construction. Describe how increased
runoff from site is being detained. Access easements are needed for maintenance of the detention
pond.
2. Verify that the size, shape, and/or location of the detention pond, as depicted on the
site/concept/development plan, will be adequate to meet the detention requirements. Any changes to
the size, shape, and/or location of the proposed pond(s) may require a revision to the
concept/site/development plan and may need to be approved by the Planning and Zoning Commission
and the City Council.
3. An easement will be needed from the River Oaks development.
4. A note should be added to the final plat and construction plans that the owner(s) of the property
shall maintain the detention ponds.
* Provide a construction entrance with 3-4” size rock.
* The drainage from this development is generally to the east and then a portion flows to the north and
south. There is an existing storm sewer pipe located in Southlake Blvd to serve this development.
* 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.
* 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
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 D
ZA08-044 Page 4
SPIN MEETING REPORT
CASE NO.
ZA08-044
PROJECT NAME:
Regents Park
SPIN DISTRICT:
# 15 / Citywide
MEETING DATE:
September 22, 2008
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Seven (7)
SPIN REPRESENTATIVE(S) PRESENT:
Ray Tremain, SPIN # 9e, Tom Corradino, SPIN #15
APPLICANT(S) PRESENTING:
Skip Blake, Blake Architects; Derek DeGuire and Doug Chandler,
DEMA Partners, L.P. (Developers)
STAFF PRESENT:
Lorrie Fletcher, Planner I
STAFF CONTACT:
Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Location
The project is located in the 2500 block of W. Southlake Boulevard just east of Jellico Circle.
Development Details
The zoning change and site plan proposes six (6) lots to include five (5), 6,000 square foot medical
office buildings and one dry detention pond area.
Current zoning is SF-1A Single Family Residential District and the applicant is proposing an S-P-1
Detailed Site Plan District.
QUESTIONS & COMMENTS
There were no formal questions or concerns.
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 E
ZA08-044 Page 1
Surrounding Property Owners
Regent’s Park
SPO # Owner Zoning Land Use Acreage
1. Public / Semi-Public
Southlake Church Of Christ CS 9.82
2. Low Density Residential
O'Leary, Patrick M SF1-A 2.27
3. Low Density Residential
Quintero, Agustin Etux Bianca SF1-A 1.92
4. Low Density Residential
Bonola Family Ltd Prtnshp SF1-A 1.78
5. Low Density Residential
Realty Capital River Oaks Ltd SP2 1.15
6. Low Density Residential
Realty Capital River Oaks Ltd SP2 0.83
7. Low Density Residential
Realty Capital River Oaks Ltd SP2 0.84
8. Low Density Residential
Realty Capital River Oaks Ltd SP2 0.61
9. Low Density Residential
Nado I Llc SF1-A 1.71
10. Low Density Residential
Nado I Llc SF1-A 1.92
11. Medium Density Residential
Wiesman, E I AG 0.88
12. Medium Density Residential
Wiesman, E I AG 13.19
Case No. Attachment F
ZA08-044 Page 1
Surrounding Property Owner Responses
Regent’s Park
Notices Sent:
Seven (7)
Responses Received:
Two (2); see attached.
Case No. Attachment G
ZA08-044 Page 1
Case No. Attachment G
ZA08-044 Page 2
Case No. Attachment G
ZA08-044 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-577
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 DESCRIBED AS TRACTS 2C14 AND
2C15 JESSIE G. ALLEN SURVEY, ABSTRACT NO. 18,
SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 3.54 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE
FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN
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 “SF-1A” Single Family
Residential District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment H
ZA08-044 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 H
ZA08-044 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 legally described as Tracts 2C14 and 2C15, Jessie G. Allen Survey, Abstract
No. 18, Southlake, Tarrant County, Texas, being approximately 3.54 acres, and more
fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential
District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan
attached hereto and incorporated herein as Exhibit “B,” and subject to the following
conditions:
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1. Reserved for final City Council motion / conditions
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
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PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being legally described as Tracts 2C14 and 2C15, Jessie G. Allen Survey, Abstract No. 18, being
approximately 3.54 acres, and more fully and completely described as follows:
Reserved for Metes & Bounds Description
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EXHIBIT “B”
Reserved for approved site plan and development regulations.
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