Item 7B InfoCITY OF SOUTHLAKE TE I , M RECORD
ORDINANCE NO. 480-488
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 LOTS 4R2
& 4R3, J.G. ALLEN NO. 18 ADDITION AND LOTS 6 & 7, DRAKE
ESTATES, AND BEING APPROXIMATELY 9.74 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"C -3" GENERAL COMMERCIAL DISTRICT AND 66 SF -1A" SINGLE
FAMILY RESIDENTIAL DISTRICT TO "S -P -2" GENERALIZED SITE
PLAN DISTRICT WITH LIMITED 6 'C -2" LOCAL RETAIL
COMMERCIAL DISTRICT USES, AS DEPICTED ON THE
APPROVED 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; DETERM QNG
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 X1, 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 "C -3" General Commercial
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District and "SF -lA" Single Family Residential 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 those who bought or
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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 Lots 4R2 & 4R3, J.G. Allen No. 18 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4649, Plat Records,
Tarrant County, Texas, and Lots 6 & 7, Drake Estates, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388 -124, Page 68, Plat
Records, Tarrant County, Texas, and being approximately 9.74 acres, and more fully and
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completely described in Exhibit "A" from "C -3" General Commercial District and "SF -lA"
Single Family Residential District to "S -P -2" Generalized Site Plan District with limited "C -2"
Local Retail Commercial District uses as depicted on the approved 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 facade 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;
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;
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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. 6, dated May
24, 2006:
a. The following changes are needed with regard to the building layout and
design:
i. Show and label the rear and side building lines on proposed Lots 1 & 2.
ii. Match the footprint for the bank building on the site plan to the
building in the revised elevations.
iii. Provide a scale on the architectural elevations for the bank building.
The north & south elevations appear to be to a 118 scale. The east &
west elevations do not appear to be to a standard architectural scale.
b. Relocate the location of the dumpster near the west property on Lot 5. No
trash dumpster may be within 50' of single family residential property.
c. Adjust the lot line measuring 59' between Lots 3 & 4 so that it does not split
the fire lane.
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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.
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.
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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 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.
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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 2nd day of May, 2006.
ATTEST:
'P
CITY SECRETAR
• co v
PASSED AND APPROVED on the 2nd reading the 30th day of May, 2006. 88" ' 1111
1 -W Fi F AY � 0 - w - R - 000"'
ATTEST:
pUTH
CITY SECRPTAJZbt ` �"''• ' m
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
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Being Lots 4R2 & 4R3, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 4649, Plat Records, Tarrant County, Texas, and Lots
6 & 7, Drake Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -124, Page 68, Plat Records, Tarrant County, Texas, and being approximately 9.74
acres.
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EXHIBIT `B"
Winkelmann
&Associates, Inc.
co"KI rwemaat w • wMarm
TOWN LAKE CROSSING
Proposed Permitted Uses and Development Regulations for "SP -2" Zoning
PERMITTED USES
This property shall be limited to the permitted uses as found in the "C -2"
Local Retail Commercial District as described in Section 21 of the
Comprehensive Zoning Ordinance No.480, as amended with the following
exceptions:
1. Frozen food lockers for individual or family use, not including. the
processing of food except cutting or wrapping.
2. Tire batteries and automobile accessory sales.
DEVELOPMENT REGULATIONS
This property shall be subject to the development regulations for the "C -2"
Local Retail Commercial District, and all other applicable regulations with the
following exceptions:
1. The development will be subject to an overall reciprocal easement
agreement granting cross - access and cross- parking. A copy of said
agreement will be provided to the City upon recordation.
2. There should be a maximum overall impervious coverage to not exceed
75 %. Individual lots may exceed 75% impervious coverage.
3. Parking for the development as a whole shall be 1 space per 250 S.F. of
gross area.
4. Bu#feryards along interior lot lines shall not be required.
5. Sideyard setback minim 10 feet.
6. Floor area may exceed 40,000 S.F. but may not exceed 50,000 S.F.
G:1Office Data1WOR \3951961Development Standards(2- 15- 06).doc
6750 Morest Plaza Drive, Suite 100 Dallas, Texas 75230 (972) 490 -7090 Fax (972) 490.7099
Page 10
CONCEPT PLAN/SITE PLAN
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ANCHOR ELEVATIONS
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ANCHOR ELEVATIONS
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ANCHOR ELEVATIONS
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COLOR ELEVATIONS
CHASE BANK ELEVATIONS
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ARTIST'S RENDERING
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UNIFYING AMENITIES
TOWN LAKE CROSSING & STONEBRIDGE ARK
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COMPREHENSIVE AERIAL VIEW
TOWN LAKE CROSSING & STONEBRIDGE PARK
Page 21
CONCEPTUAL OFFICE ELEVATIONS
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CONCEPTUAL OFFICE ELEVATIONS
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Winkelmann
&Associates, Inc.
=4ftk aaa Oft E"Num ■ %MVEM"
February 20, 2006
Mr. Ben Bryner
City of Southlake, Planting Dept.
1721 E. SoudL*e #100
Southlake, TX 76092
RE: Town Lake Crossing
City Case No. ZA 05 -167
Mr. Bryner,
Please accept this letter at our request for a variance to the minimum spacing
requirements at each driveway as follows:
1. Northerly drive to FM 1938
Request 97.4 feet vs. 100.00 feet
2. Southerly drive to FM 1938
Request 123.7 feet vs. 100.00 feet
3. Existing drive to 1709
Request 86.5 feet to line up with drive connection on west.
Sincerely,
Winkelmann & Associates, Inc.
Mike Cl P.E.
vice President
Cc: Jack Bell
Steve Claojnowski
Maria Bonilla
G:IOffice Data1WORKl395t961Driveway minimum spacing doc
8750 Hilicrest Plaza. Drive, Suite 100 Dallas, Texas 75230 (972) 490.7090 Fax (972) 490 -7099
Page 24
W Winkelmarm
&Associates, Inc.
February 20, 2006
City of Southlake
Mr. Ben Bryner
Planning Dept.
1721 E. Southlake, Suite 100
Southlake, TX 76092
RE: Town Lake Crossing
City Case No. ZA 05 -167
Mr. Brymer,
Please accept this letter as our request for a variance to the driveway spacing
requirements to allow the following:
L Distance from FM 1709 to first drive is to be 228.40 feet.
2. Distance between drives on FM 1938 to be 425.50 feet.
Please note that the southerly drive will be a right- in/right -out when the road is widened.
Sincerely,
W mkehnann & Associates, Inc.
W OOOO
Ye ,
V ice President
Cc: Maria Bonilla
Jack Bell
Steve Chojnowski
GAOffice Data \WORK13951961Variance driveway spacing. doc
6750 HiWast Plaza Drive, Suite 100 Dallas, Texas 75230 (972) 490-7096 Fax (972) 490-7099
Page 25
® Winkelmann
&Associates, Inc.
=W5ULT*O CWk ENGINK Rg r 5{1 W"ORS
March 2, 2006
W. Ben Bryner
City of Southlake, Planning Dept.
1721 E. Southlake #100
Southlake, TX 76092
RE: Town Lake Crossing
City Case No. ZA. 05 -167
Mr. Bryner,
Please accept this letter at our request for a variance to the vertical articulation
requirements for the large retail building "Sprouts", to be approved as shown on
submittal package.
Sincerely,
Winkelmann & Associates, Inc.
4 eClark4, .E.
Vine President
Cc: Jack Bell
Steve Choinowski
Maria Bonilla
Page 26
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(pink) ■ New Curb Ume
(white) ■ White Striping
Ammended Lane Configurations Figure 9
! 'mcmimminG for Existing Conditions
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