Item 7D
Department of Planning & Development Services
S T A F F R E P O R T
October 15, 2008
ZA08-085
CASE NO:
Zoning Change for 240 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.
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 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.
1. Consider approval of the zoning change
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Link to Plans and Support Information
(D) Site Plan Review Summary No. 1, dated October 15, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-573
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA08-085
BACKGROUND INFORMATION
OWNER: 240 S. Peytonville,
Wanda Jean May
APPLICANT: City of Southlake
PROPERTY SITUATION: 240 S. Peytonville Avenue
LEGAL DESCRIPTION: Lots 3 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 “S-P-1” detailed site plan district zoning
with “O-1” office district zoning subject to the Site Plan presented by City staff
and stipulating that the driveways be approved as shown subject to Site Plan
Review Summary. Commissioner Wang dissented.
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
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
ZA08-085
Page 1
Case No. Attachment B
ZA08-085
Page 1
Link to Plans and Support Information
Case No. Attachment B
ZA08-085
Page 1
SITE PLAN REVIEW SUMMARY
ZA08-085One10/15/08
Case No.: Review No.: Date of Review:
Zoning Change and Site Plan
Project Name: – 240 S. Peytonville Legacy Business Park
OWNER: APPLICANT/ARCHITECT
Wanda May Paragon Design Group
280 S. Peytonville
Southlake, Tx 76092
Phone: (817) 488-8063 Phone: (817) 421-1945
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/25/08 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 DENNIS KILLOUGH AT (817) 748-8072
1. Provide Preliminary Drainage Plans prepared, sealed, signed, and dated by a certified
engineer. Requirement may be waived only by the City Engineer or the Community
prior to
Development Director submittal of this application. All development must comply
with the Drainage Ordinance No. 605 as amended. All development must comply with the
Drainages Ordinance No. 605, as amended. Inadequately sized detention or other issues
determined by the drainage study may reduce the buildable area of the plan, affect building
(Deferral Until
layout, number/size of buildings and amount of paving/parking on-site.
Building Permit Requested)
2. Provide a grading plan showing existing and proposed finished grade of the site with
contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical
points, including but not limited to edges of pavement, curb returns, building corners,
drainage paths, etc. Include directional flow arrows in all flow lines, and all existing
drainage structures labeled with size, type and flow line elevation. Also show centerline of
water courses and existing drainage easements. Note the City approved benchmark used
(Deferral Until Building Permit Requested)
for topographical information.
3. The following changes are needed regarding Driveways and compliance with the
Driveway Ordinance No. 634, as amended:
4.
a.
This portion of S. Peytonville is designated as an arterial street which requires a
minimum spacing of 250 feet between driveway centerlines. A spacing of 170 feet
is shown from this driveway to an unapproved proposed off-site driveway to the
(Variance is requested)
north.
b.
A minimum 75’ of stacking depth is required for the driveway. Approximately 30
(Variance is requested)
feet is provided.
Case No. Attachment B
ZA08-085
Page 1
c. CURB INLET DRAINAGE OFFSET: The driveway curb return at the point of
tangency with the street curb shall not be located within (a) five (5') feet of the
downstream edge or ten (10') feet of the upstream edge of a straight curb inlet or
inlet extension or (b) within ten (10') feet of a recessed inlet. The represented
location appears to be close to meeting this requirement. Please verify and label
the dimension from the tangent of the curb return.
5. Staff recommends providing a color rendering for presentation purposes.
6. Provide an 8’ trail along the frontage of S. Peytonville.
7. Staff recommends providing a landscape plan with color coded plant types.
* A SPIN meeting for SPIN District 16 was held on December 10, 2007. There were no
attendees other than those involved with the proposed project.
*
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.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* If the proposed driveway is approved, to insure access to the existing properties to the
north and south, a common access easement covering the width location of the show
interior driveway must be executed and filed of record prior to issuance of a building
permit. Clearly show and label that the easement will be provided and where.
* No review of proposed signs is intended with this site plan. A separate sign permit is
required prior to construction of any signs.
* The applicant should be aware that prior to issuance of a building permit , 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, Roadway Impact Fee, Water & Sewer Impact and
Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment B
ZA08-085
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
ZA08-085
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
ZA08-085
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-573
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 3
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 “S-P-1” DETAILED SITE PLAN
DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON
THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, 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
Case No. Attachment H
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ZA08-085 Page
WHEREAS,
the hereinafter described property is currently zoned as “S-P-2” Generalized
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
Case No. Attachment H
2
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requires the amendments, and that the zoning changes do not unreasonably invade the rights of
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of 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 3 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 “S-P-1” detailed site plan district “O-1”
Case No. Attachment H
3
ZA08-085 Page
office district uses, as depicted on the approved site 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
, 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
Case No. Attachment H
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ZA08-085 Page
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
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.
Case No. Attachment H
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SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
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
Case No. Attachment H
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ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment H
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ZA08-085 Page
EXHIBIT “A”
Being Lot 3 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/site plan if applicable)
Case No. Attachment H
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