Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
January 13, 2010
CASE NO: ZA09-068
PROJECT: Site Plan and Zoning Change for Jellico Square (Carpe Diem Preschool)
REQUEST:
Vere Southlake Equity, LLC is requesting approval of a Zoning Change and Site
Plan to amend the “S-P-2” Generalized Site Plan District regulations to allow for the
construction of a 15,380 square foot day nursery/preschool on Lot 5 of the existing
Jellico Square commercial development located at the northwest corner of W.
Southlake Blvd (FM 1709) and Davis Blvd (FM 1938).
The purpose for the change in zoning is to amend the previously approved plan
Planning Case ZA05-167
() for Lot 5 which indicated there would be four office use
buildings with a combined area of approximately 23,508 square feet. The applicant
is instead proposing one building for use as a day nursery/preschool. The planned
tenant for the site is Carpe Diem Private Preschool. Carpe Diem currently has
locations in Frisco, Allen and Richardson.
The preschool is anticipated to have a maximum enrollment of approximately 200
students and will be serving children of six months to twelve years in age and a
staff of approximately forty. The hours of operation will be Monday thru Friday from
7 AM to 6:30 PM. Additional information about the preschool is under Attachment
“C” of this staff report.
With the exception of replacing the office buildings on Lot 5, all other uses,
regulations, and building footprints are to remain the same from the previously
approved zoning (See link for Ordinance No. 480-488).
ACTION NEEDED: 1) Consider Zoning Change and Site Plan Approval Request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) Site Plan Review Summary No. 3, dated January 11, 2010
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-488a
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Dennis Killough (817)748-8072
Daniel Cortez (817)748-8070
Case No.
ZA09-068
BACKGROUND INFORMATION
OWNER:
Armstrong Southlake Randol Mills LP
APPLICANT:
Vere Southlake Equity, LLC
PROPERTY SITUATION:
The property is located at the northwest corner of W. Southlake Boulevard
and Randol Mill Avenue. Randol Mill Avenue is part of the future F.M. 1938
expansion.
LEGAL DESCRIPTION:
Lots 1-5, Block 1, Jellico Square an Addition to the City of Southlake
LAND USE CATEGORY:
Retail Commercial, Office Commercial, and Low Density Residential
CURRENT ZONING:
“S-P-2” Generalized Site Plan District
REQUESTED ZONING:
“S-P-2” Generalized Site Plan District
HISTORY:
-A final plat for Drake Estates was approved by the City on October 24,
1978.
-Zoning of “SF-1A” was placed on Drake Estate lots and zoning of “C-3” was
placed on the J.G. Allen lots with approval of Comprehensive Zoning
Ordinance No. 480 on September 19, 1989.
-A plat showing for Lot 4, J.G. Allen No. 18 Addition was approved by P&Z
on January 7, 1993.
-City Council approved a plat revision creating Lots 4R1 - 4R3 August 4,
1998.
-City Council approved a Zoning Change with Concept Plan and Site Plan
Planning Case ZA05-167
on May 30, 2006 under .
CITIZEN INPUT:
A SPIN meeting was held on October 26, 2009 at Southlake Town Hall.
Attached is a copy of that SPIN Report under Attachment “C” of this staff
report.
SOUTHLAKE 2025 PLAN:
Consolidated Land Use Plan
Southlake 2025 Consolidated
Under the
Land Use Plan
the subject property is
designated as an Office Commercial,
Retail Commercial and Low Density
Residential land use designations.
Optional Land Use
Southlake 2025 Consolidated
Under the
Land Use Plan
the development is
designated to have an optional land use
designation of T-1 Transition 1.
Master Thoroughfare Plan
The Master Thoroughfare Plan
recommends Randol Mill Avenue to have
140 feet of right-of-way for the future
expansion of F.M. 1938 north of W.
Southlake Boulevard. Under the previous
Case No. Attachment A
ZA09-068 Page 1
development plan, sufficient right-of-way was dedicated.
Pathways Master Plan & Sidewalk Plan
According to the Master Pathways Plan, an 8-foot multi-use trail is indicated
adjacent to the development along W. Southlake Boulevard and has been
installed. The previous site plan also proposed a 5-foot sidewalk along
Randol Mill Avenue and it has also been installed.
TRANSPORTATION
ASSESSMENT:
The previous applicant submitted an intersection improvement plan that
added an additional lane to Randol Mill Avenue allowing for 2-lanes to pass
through the intersection continuing south on Davis Boulevard.
TIA
The previous Traffic Impact Analysis () that was submitted did not
include a day nursery/preschool for its traffic estimates and has therefore
been updated (See link for Traffic Impact Analysis). The conclusions drawn
TIA
from this updated are that there would be an increase of traffic volume
of approximately 25% during the AM peak hours and 3.4% during the PM
peak hours. The report concludes that the existing driveway to Randol Mill
Avenue (Driveway 4) will continue to provide acceptable levels of service
along with the adjoining roadways.
Traffic counts on Randol Mill Ave between Southlake Blvd & Florence Rd
April - May, 2009
24hr North Bound (NB) (4,305) South Bound (SB) (4,171)
NB Peak A.M. (408) 7 – 8 a.m. Peak P.M. (427) 4:30 – 5:30 p.m.
SB Peak A.M. (393) 7:30 – 8:30 p.m. Peak P.M. (370) 5:45 – 6:45 p.m.
Traffic Impact
Use Max. Vtpd* AM AM PM PM
Students IN OUT IN OUT
Day Care 200 904 87 77 80 91
Vehicle Trips Per Day
*
WATER & SEWER:
Water: There are existing 8-inch diameter water lines that will serve this
facility. Sewer: There is an existing 8-inch diameter sewer line that will
serve this facility.
DRAINAGE ANALYSIS:
The majority of the storm water from the site is collected in the storm drain
system which includes three detention ponds that release into the existing
storm drain system in Southlake Boulevard. The northeast corner of the
development is in the detention pond along Randol Mill Avenue which is
then released into the existing storm sewer system along Randol Mill
Avenue.
TREE PRESERVATION:
There is no significant tree cover that will be disturbed by this proposal and
the few trees which are to be disturbed will be relocated as indicated on the
landscape plan.
PLANNING &
ZONING COMMISSION:
January 7, 2010; Approved (6-0) subject to the requirement that all fencing
on the subject property shall be wrought iron rather than chain link as
indicated on the site plan and subject to Review Summary No. 2, dated
December 31, 2009.
Case No. Attachment A
ZA09-068 Page 2
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 3, dated January 11, 2010.
This review summary has been updated from the previous meeting to
reflect Planning & Zoning Commissions recommendations.
N:\Community Development\MEMO\2009cases\068 - ZSP - Carpe Diem Preschool\Staff Report
Case No. Attachment A
ZA09-068 Page 3
Case No. Attachment B
ZA09-068 Page 1
Plans and Support Information
Case No. Attachment C
ZA09-068 Page 1
Case No. Attachment C
ZA09-068 Page 2
Case No. Attachment C
ZA09-068 Page 3
Case No. Attachment C
ZA09-068 Page 4
Site Plan Review Summary
ZA09-068Three1/11/2010
Case No.: Review No.: Date of Review:
Project Name:Carpe Diem Preschool of Southlake
APPLICANT: OWNER:
Tuankiet Nguyen, Vere Southlake Equity, LLC Douglas Kyle, Armstrong Southlake Randol Mills LP
2704 Foxcreek Dr., Richardson, TX 75082 2100 Wharton St., Ste. 700, Pittsburgh, PA 15203
ktnndal@gmail.com dkyle@agoc.com
Phone: (214) 529-8546 Phone: (412) 381-1122
Fax: Fax: (412) 381-1615
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
12/21/2009 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
DANIEL CORTEZ AT (817) 748-8070 OR DENNIS KILLOUGH AT (817) 748-8072.
1. The placement of all fire hydrants must be in compliance with all fire codes and be located within
100’ of FDC. For more information and fire code requirements contact David Barnes, City Fire
Marshal, at (817) 748-8233 or dbarnes@ci.southlake.tx.us.
2. Material and type of shade structure for the play area should be included within the proposed
development regulations. Please revise and resubmit development regulations letter to reflect this.
3. Correct the plans to indicate the kind of fencing that will be located around the perimeter of the play
area for the children. It has been indicated by the applicant that it will not be a chain link fence as
indicated on the site plan but rather a wrought iron fence.
Landscape Review
Keith Martin, Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
1. All of the required bufferyard landscape plant material for the development has been installed and
only the required interior landscape plant material is required to be installed based on 50% of the
proposed building footprint area. Any existing plant material that was installed during the previous
development construction must be replaced if removed during the construction of the proposed
building.
Please provide on the Landscape Plan what existing landscape plant material will be removed for
the proposed construction and where it will be replaced. Some of it is marked but others are not.
2. Based on the interior landscape plant material calculations there are fifteen (15) Canopy Trees,
thirty (3) Accent Trees, and one hundred ninety two (192) Shrubs required to be planted. Existing
plant material credits cannot be taken to meet the interior plant material requirements. Please
provide at least the minimum required amount of interior plant material for the site.
3. All parking lot planter islands in the parking areas shall contain a minimum of (1) canopy tree with
the remaining area in shrubs, ground cover, ornamental grasses, seasonal color, or a combination
of these plant materials.
Case No. Attachment D
ZA09-068 Page 1
Engineering Review
Cheryl Taylor, Civil Engineer
(817) 748-8100
ctaylor@ci.southlake.tx.us
GENERAL COMMENTS:
1. The information provided indicates that the traffic counts for this development are significantly more
than the previously approved development plan. Provide an updated Traffic Impact Analysis which
includes traffic counts for the proposed use.
* Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’
minimum.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
1. A public water line requires a fire hydrant at the end to allow for stagnant water to be removed from
the line periodically. The fire line shown to be connected to the end of the public line would not
allow for water to move thru the line which would cause the water to become stagnant. Revise
layout accordingly.
2. Is there a need for 2 fire lines to the building?
* There is an existing 8-inch diameter sewer line located within the development to serve this
property.
* There is an existing 8-inch diameter water line within the development to serve this property.
DRAINAGE COMMENTS:
* Drainage from this site is generally to the east to the existing detention ponds within the
development.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* 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.
* 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.
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.
Case No. Attachment D
ZA09-068 Page 2
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal
*
lath mesh to a 7/8th-inch thickness or by other processes producing comparable stucco finish
with equal or greater strength and durability specifications. It shall be the sole authority of the
Chief Building Official to determine when synthetic products are comparable in strength and
durability to stucco finishes. The use of synthetic products (e.g., EIFS or other materials
approved by the Chief Building Official, as noted above) shall be limited to twenty percent (20%)
of the building’s exterior finishes, exclusive of all windows, doors, and glass construction
materials.
* 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 D
ZA09-068 Page 3
Surrounding Property Owners
Carpe Diem Preschool of Southlake
SPO # Owner Zoning Land Use Acreage Response
Stonebridge Monticello Prtns L SP2 100-Year Flood Plain, Office Commercial 0.58
1. NR
S & S Land Holding LLC SP2 Office Commercial, Retail Commercial 0.61
2. NR
100-Year Flood Plain, Low Density Residential,
First Carlyle Capital Fundg Ll SP1 4.31
3. NR
Office Commercial
Low Density Residential, Office Commercial,
Stonebridge Monticello Prtns L SP2 1.43
4. NR
Retail Commercial
100-Year Flood Plain, Office Commercial,
Southlake Crossing Ani Clinic C3 0.76
5. NR
Retail Commercial
Holidan Investments Inc C2 Retail Commercial 1.53
6. NR
Medium Density Residential, Retail
Southlake, City Of SP1 3.74
7. NR
Commercial
Campbell, Danny E SF1-A Low Density Residential 3.06
8. NR
Armstrong Slake Randol Mill Lp SP2 Office Commercial, Retail Commercial 1.03
9. NR
Armstrong Slake Randol Mill Lp SP2 Retail Commercial 0.83
10. NR
Low Density Residential, Office Commercial,
Armstrong Slake Randol Mill Lp SP2 4.02
11. NR
Retail Commercial
Armstrong Slake Randol Mill Lp SP2 Low Density Residential, Office Commercial 1.11
12. NR
Armstrong Slake Randol Mill Lp SP2 Low Density Residential, Office Commercial 2.95
13. NR
Wendys International Inc C2 100-Year Flood Plain, Retail Commercial 0.75
14. NR
Stanley Crossing Lp C2 Retail Commercial 1.34
15. NR
Retail Commercial, Medium Density
Abs Tx Investor Lp C3 5.84
16. NR
Residential, Mixed Use
Metroplex Multifoods Inc C3 Retail Commercial 0.96
17. NR
Southlake Cmc Llc SP2 100-Year Flood Plain 0.77
18. NR
Case No. Attachment E
ZA09-068 Page 1
Corning, Sherri L & Robert G SF1-A Low Density Residential 0.96
19. NR
Wymer, David Etux Kathy SF1-A Low Density Residential 1.89
20. NR
Garner, Robert Etux Billie SF1-A Low Density Residential, Office Commercial 1.56
21. NR
Medium Density Residential, Retail
Saunders, Harold W AG 1.11
22. NR
Commercial
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Twenty-Two (22)
Responses Received:
None (0)
Case No. Attachment E
ZA09-068 Page 2
Surrounding Property Owner Responses
-NONE-
Case No. Attachment F
ZA09-068 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-488a
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 LOTS 1 - 5, BLOCK 1, JELLICO SQUARE AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING APPROXIMATELY 9.74 ACRES,
DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED
SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN
DISTRICT WITH LIMITED “C-2” LOCAL RETAIL COMMERCIAL
DISTRICT USES, AS DEPICTED ON THE APPROVED
REVISED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential and other
purposes, and to amend said ordinance and map for the purpose of promoting the public
health, safety, morals and general welfare, all in accordance with a comprehensive plan; and
Case No. Attachment G
ZA09-068 Page 1
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 and the general welfare; effect on light and air;
effect on the over-crowding of the land; effect on the concentration of population, and effect
on transportation, water, sewerage, schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the most appropriate use of
the land throughout this City; and,
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
Case No. Attachment G
ZA09-068 Page 2
interest clearly requires the amendments, and that the zoning changes do not unreasonably
invade the rights of those who bought or improved property with reference to the classification
which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic,
and other dangers, promotes the health and the general welfare, provides adequate light and
air, prevents the over-crowding of land, avoids undue concentration of population, and
facilitates the adequate provision of transportation, water, sewerage, schools, parks and other
public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there
is a necessity and need for the changes in zoning and has also found and determined that
there has been a change in the conditions of the property surrounding and in close proximity
to the tract or tracts of land requested for a change since the tract or tracts of land were
originally classified and therefore feels that the respective changes in zoning classification for
the tract or tracts of land are needed, are called for, and are in the best interest of the public
at large, the citizens of the city of Southlake, Texas, and helps promote the general health,
safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of
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:
Case No. Attachment G
ZA09-068 Page 3
Being Lots 1 - 5, Block 1, Jellico Square an addition to the City of Southlake,
Tarrant County, Texasbeing approximately 9.74 acres, and more fully and
completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District
with limited “C-2” Local Retail Commercial District uses to “S-P-2” Generalized
Site Plan District with limited “C-2” Local Retail Commercial District uses as
depicted on the approved Revised Concept Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific
conditions:
1. Approving the proposed “C-2” Local-Retail Commercial District uses and
development regulations to exclude the following uses:
a. Frozen food lockers for individual or family use, not including the
processing of food except cutting or wrapping
b. Tire batteries and automobile accessory sales
2. Approving the proposed development regulation allowing a maximum
overall impervious coverage not to exceed 75% of the overall
development and approving that individual lots may exceed 75%;
3. Approving the proposed development regulation allowing a side yard of
not less than 10 feet;
4. Approving the proposed development regulation allowing a parking ratio
of 1 space per 250 square feet for the entire development;
5. Approving the proposed development regulation allowing the maximum
area to exceed 40,000 square feet per structure but not to exceed
50,000 square feet;
6. Approving the proposed development regulation that bufferyards along
interior lot lines shall not be required;
7. Approving the proposed development regulation allowing a 6-foot
wrought iron fence with brick columns every 40 feet and an opaque,
evergreen plant screen with a minimum height of 8 feet along the north
and northwest property lines;
8. Approving the proposed development regulation allowing horizontal and
vertical articulation for the south façade of Lot 2 as shown on building
elevations;
9. Granting the requested variance allowing driveway stacking depths of
97.4 feet and 86.5 feet;
10. Granting the requested variance allowing driveway spacing of 228.4 feet
and 425.5 feet;
Case No. Attachment G
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11. Noting the developer’s agreement to change the name of the
development to “Jellico Square” and to maintain the historical
monument;
12. Allowing the developer to move the front of the Chase Bank building to
face Randol Mill Avenue, but requiring the facade facing F.M. 1709 to
have the same appearance as the front of the building only without
doors;
13. Moving the mechanical equipment to the northern end of the west wide
of the building, which will be screened with a brick wall and further
landscaping;
14. Requiring articulation on the sides of Sprout’s;
15. Requiring landscaping on the back side of the Sprout’s
16. Stating that if a dumpster is required on this particular lot for this building
in the future, the placement of the dumpster will require City Council
approval;
17. Requiring a right-in, right-out drive at the southern end and adding a
raised median that will force a right turn out, not allowing a left turn out;
18. Requiring the proposed improvements to south bound Randol Mill
Avenue to be made as shown on the site plan;
19. Requiring unified amenities across the entire development;
20. Requiring the evaluation of the detention pond behind Sprout’s to be a
retention pond;
21. Requiring the landscaping plan to be submitted to staff for review and
approval at a later date;
22. Clarifying that the west driveway on F.M. 1709 will be permitted as
proposed;
23. Subject to the following comments of Site Plan Review Summary No.:
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.
Case No. Attachment G
ZA09-068 Page 5
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.
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
Case No. Attachment G
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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
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
Case No. Attachment G
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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.
th
PASSED AND APPROVED on the 1st reading the 19 day of January, 2010.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ---- day of -----, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
Case No. Attachment G
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EFFECTIVE:______________________
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EXHIBIT “A”
LOTS 1 - 5, BLOCK 1, JELLICO SQUARE AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS.
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EXHIBIT “B”
- Reserved for Approved Revised Concept Plan -
Case No. Attachment G
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