Item 7C
Department of Planning & Development Services
S T A F F R E P O R T
October 1, 2008
ZA08-059
CASE NO:
Zoning Change and Site Plan for Plaza on Southlake Boulevard
PROJECT:
REQUEST: Realty Capital Corporation is requesting approval of a Zoning Change and Site Plan
from “AG” Agricultural District to “S-P-2” Generalized Site Plan District with “C-2” Local
Retail Commercial District uses and regulations. The plan proposes the development
of nine one-story retail and office buildings totaling 64,990 square feet on 8.816 acres
at 400 S. Carroll Avenue (Tarrant Appraisal District address). The property is located
on Southlake Boulevard west of Carroll Ave. at 1001 E. Southlake Boulevard. The
configuration of the buildings allows the hill along E. Southlake Blvd. to be preserved.
Plaza Boulevard will be constructed to the Phase 1 boundary as part of the first phase.
The driveway on E. Southlake Boulevard for Invitation Park will be closed once the first
phase of Plaza Boulevard is completed. Zena Rucker Road, the remaining portion of
Plaza Boulevard and the roundabout shown in the future phase will be constructed
with that phase.
The following variances are requested:
1. Driveway Stacking Depth – The required stacking depth is one hundred feet (100’).
The applicant is requesting a stacking depth of ± eighty feet (80’).
2. Driveway Spacing – 500’ required between W. ROW line of S. Carroll Avenue and
the east driveway centerline (±425 feet is provided)
Consider first reading for the zoning and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Request letter
(E) Site Plan Review Summary No. 4, dated October 1, 2008
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) SPIN Report
Ordinance No.480-570
(I)
for Commission and Council Members Only
(J) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Richard Schell (817)748-8269
Case No.
ZA08-059
BACKGROUND INFORMATION
OWNER: RCP Southlake Boulevard #2, Ltd.
APPLICANT: Realty Capital Corporation
PROPERTY SITUATION: The address is 400 S. Carroll Ave. per Tarrant Appraisal District. The property
is located on Southlake Boulevard west of Carroll at 1001 E. Southlake
Boulevard
LEGAL DESCRIPTION: A portion of Tract 4G, O. W. Knight Survey, Abstract No. 899
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: AG Agricultural District
REQUESTED ZONING: S-P-2 Generalized Site Plan District with C-2 uses
HISTORY: There is no development history on this property.
Consolidated Land Use Plan Recommendations
COMPREHENSIVE PLAN:
The land use designation is Office Commercial. The following Site Specific
Recommendations apply to sites 9a and 9b in the South Side Plan Area:
• Recommend connectivity through the site from Southlake Blvd. (to connect
with Carroll Ave.) through any development to the south.
• Should be master-planned with 9b.
• Change the underlying land use designation from MD-Residential to Office
Commercial with T-1 alternative designation up to future Rucker Rd.
• 9a and 9b should be master-planned together. However, in limited cases,
individual restaurant and other retail projects may be considered if these
proposals are pedestrian oriented and cohesive with the surrounding
development.
Case No. Attachment A
ZA08-059 Page 1
Mobility & Master Thoroughfare Plan Recommendations
Southlake Boulevard is designated as a 130’ State Farm to Market road and is
currently built with 6 travel lanes and a continuous left turn lane. Zena Rucker
Road is designated as a 60’ right-way 2 lane undivided collector street
The required sidewalks on Southlake Boulevard, Plaza Boulevard and Zena
Rucker Road are shown on the plan. The five foot (5’) sidewalks along the east
and west sides of Plaza Boulevard will be constructed to the Phase 1 boundary
with the construction of Phase 1 and they will completed as shown on the plan
with the construction of Phase 2. The eight foot (8’) multi-use trail that is
required along the south side of Zena Rucker Rd. will be constructed when that
property is rezoned and developed.
TRANSPORTATION
ASSESSMENT:
May 2008 traffic counts on E. Southlake Blvd (between Carroll Ave. and
Byron Nelson Parkway)
24hr 23,39725,329
West Bound (WB) () East Bound (EB) ()
AM
11862621
() 11:15 am –12:15 pm () 7:45 – 8:45 am
Peak
PM
23971648
() 5:15 – 6:15 pm () 12:45 – 1:45 pm
Peak
Traffic Impact
Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM-
OUT OUT
Retail 29,190 1252 18 12 52 57
Office 30,800 339 42 6 8 38
Restaurant 5,000 450 2 2 25 12
Total 64,990 1741 62 20 85 107
th
*Average Vehicle Trips Per Day – Weekday, ITE Trip Generation Manual 6 Edition
*The AM/PM times represent the average number of vehicle trips generated during the weekday
Case No. Attachment A
ZA08-059 Page 2
th
peaks per ITE Trip Generation Manual 6 Edition.
DRAINAGE ANALYSIS: The drainage from this development is generally to the south and southeast
with a portion to the northwest and to the east. The proposed detention ponds
shall control the discharge of the 2, 10 and 100 year storm events.
TREE PRESERVATION: The proposed tree conservation plan is subject to City Council approval
following a recommendation by P & Z. It appears that approximately 19.02% of
the total existing tree cover is proposed to be preserved.
P&Z ACTION: September 18, 2008; Approved (6-1) subject to Site Plan Review Summary No.
3, dated September 8, 2008 and approving variances for driveway stacking
depth and driveway spacing with the request that the east driveway be a right
in/right out only entrance.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated October 1, 2008. Plaza
Boulevard will be constructed to the Phase 1 boundary as part of the first
phase. Zena Rucker Road, the remaining portion of Plaza Boulevard and the
roundabout shown in the future phase will be constructed with that phase. The
fountain and improvements to the existing pond will also be provided as part of
the future phase. The applicant has agreed that the east driveway on E.
Southlake Boulevard will be right-in and right-out only. A median break and
stoplight are proposed at the intersection of E. Southlake Boulevard and Plaza
Boulevard. Plaza Boulevard has been aligned with the driveway for the Mendez
Office development that was recently approved on the north side of E.
Southlake Boulevard.
Case No. Attachment A
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Case No. Attachment B
ZA08-059 Page 1
LINK TO POWERPOINT PRESENTATION
Case No. Attachment C
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Elevated Rendering
Case No. Attachment C
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AerialSite Plan
Case No. Attachment C
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Site Plan
Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Variance Request Letter
Case No. Attachment D
ZA08-059 Page 1
SITE PLAN REVIEW SUMMARY
ZA08-059Four10/01/08
Case No.: Review No.: Date of Review:
The Plaza on Southlake Boulevard - Site Plan
Project Name:
APPLICANT: Realty Capital Corporation Engineer: BHB Engineering and Surveying
Mr. Tom Wouters, President (Main Contact for Project)
Gene Capps, E.I.T.
99 Main Street Suite 200 920 South Main Street Suite 190
Colleyville, TX 76034 Grapevine, TX 76051
Phone: (817) 488-4200 Phone: (817) 251-8550 x305
Fax: (817) 424-2448 Fax: (817) 251-8810
E-mail: gcapps@bhbinc.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/2/08
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 RICHARD
SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Please provide a color landscape plan color-coded by plant type.
2. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as
amended. The following changes are needed:
a. The minimum stacking depth is 100’ for both phases (327 spaces / 4 drives = 82 spaces
A variance to allow 80’ stacking depth has been requested)
per drive). (
b. A minimum spacing of 500 feet between driveway centerlines and ROW intersection is
required along Southlake Boulevard. It appears that there is approximately 425 feet of
spacing between the east driveway centerline and the west ROW line of S. Carroll Avenue.
(Variance is requested)
c. All curb cuts into Southlake Boulevard are subject to approval by TXDOT. Deceleration
lane(s) along with appropriate ROW dedications to maintain parkway widths will be
required with the construction of the driveway/street cuts along E. Southlake Boulevard.
This will affect the bufferyard and setbacks. A provision needs to be provided in the the S-
P_2 zoning regulations and plan to address this possibility.
The applicant has
3. An 8’ trail multi-use trail is proposed along the south side of Zena Rucker.
indicated that the 8’ multi-use trail will be constructed when the property (Lot 3) to the south
of Zena Rucker is developed.
4. Staff recommends putting dumpsters next to fire lanes that are designed to support the extra
The applicant has indicated that the parking area not located in fire lanes
weight of trucks.
will be sufficient to support a fire truck (75,000 lbs. GVW), and, therefore, will support a solid
waste truck.
5. Please make the following corrections with regard to the elevations:
a. The maximum façade length without horizontal or vertical articulation is three times the
building height. All buildings except for “Building C” do not meet the horizontal articulation
Case No. Attachment E
ZA08-059 Page 1
requirements. The north and south elevations of “Building B” and the northwest and
southwest elevations of the four “Buildings F” do not meet the vertical articulation
. An S-P-2 letter stating that the buildings will meet the architectural
requirements
elements requirements of the Downtown District in regard to articulation has been
provided.
b. The scale on the elevations is incorrect (16’ on the elevations measures 17’ with an
architect’s scale). Please submit correctly scaled elevations and make sure that the
buildings are properly dimensioned and that they match the dimensions shown on the site
plan.
6. The roof on the bank (Building C) must be pitched since the building is less than 6000 square feet
A regulation has been included in the S-P-2 letter removing the
(Ord. 480, Section 43.9.c.1.b).
requirement for a pitched roof.
Case No. Attachment E
ZA08-059 Page 2
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
TREE CONSERVATION COMMENTS:
1. A proposed storm drain is proposed to be placed thru the critical root zone area of an existing 24” Post
Oak shown to be preserved close to the northeast corner of Plaza Boulevard and Southlake
Boulevard. On the Grading and Drainage Plan the storm drain is shown to go below parking lot instead
of through the trees critical root zone. Please make sure that both plans match.
* The proposed tree conservation plan is subject to City Council approval following a recommendation
by P & Z. It appears that approximately 19.02% of the total existing tree cover is proposed to be
preserved.
* 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 COMMENTS:
* Please ensure that no canopy trees are being planted directly underneath overhead utility lines or over
under ground utilities.
# Corresponds with required items.
* Corresponds with informational items.
Case No. Attachment E
ZA08-059 Page 3
Public Works/Engineering Review
Michelle McCullough
Civil Engineer
(817) 748-8077
mmccullough@ci.southlake.tx.us
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.
* A letter of permission from the property owner to the east may need to be obtained before any work
begins on the pond or the surrounding area if the property to the east is affected in any way by the
work planned for the pond in phase 2. A drainage easement may also need to be obtained from the
property owner to the east for the portion of the pond if it is later determined to exist on their property.
(It has been noted in the response letter that prior to construction of the future phase, a letter of
permission and offsite easement would be obtained)
* 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:
1. The water line to be constructed with phase 1 of this development is proposed to connect to the future
Invitation Park development to loop the system. Coordination with the engineer for this development
is recommended for timing issues.
2. A 2 inch blow off valve will be required on the proposed 8 inch water line constructed as part of Phase
1 located along Plaza Boulevard. Future connection to this water line will be in Phase 2. The water
line will need to be extended to the far south property line for future development. The submitted utility
plan for DRC review does not show this properties southern boundary at this time but does show a
proposed water line to be constructed to the south.
* The minimum size for water lines is 8”.
*. Loop waterline if possible or extend it to property line.
* 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.
* Fire hydrants must be located within a public easement.
* There is an existing 12 inch diameter water line located on the south side of Southlake Blvd. to serve
this development. There is also an existing 20 inch diameter water line located on the south side of
Southlake Blvd.
* The water meters must be located in an easement or right-of-way.
* Minimum easement width for utilities along the rear is 30”.
* The fire line may need to be separate from the service lines. The fire department connection (FDC)
cannot be located in a public easement or ROW.
SANITARY SEWER COMMENTS:
1. The sewer line to be constructed with phase 1 of this development is proposed to connect to the
future Invitation Park development to provide sewer service to this development. Coordination with
the engineer for this development is recommended for timing issues.
* 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.
* There is an existing 6 inch sewer line located on the north side of Southlake Blvd that this
development and the development to the west are proposed to connect into. As part of the submittals
by the development to the west, this 6 inch line will be upgraded to an 8 inch line.
* As part of phase 2 of this development, there is a proposed force main to be constructed to serve this
phase. Future connection to the gravity sewer line is proposed in phase 2. The sewer line will need to
be extended to the far south property line for future development. The submitted utility plan for DRC
review does not show this properties southern boundary at this time but does show a proposed sewer
Case No. Attachment E
ZA08-059 Page 4
line to be constructed to the south.
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 2, 10 and 100 year storm events.
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. Documentation supporting and certifying that detention is not necessary will be required prior to
approval of construction plans.
*. 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.
* Calculations will be required to verify that the street and the proposed curb inlets will be able to handle
the volume of storm water at proposed conditions.
* All storm sewers collecting runoff from the public street shall be RCP.
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction.
* The drainage from this development is generally to the south and southeast with a portion to the
northwest and to the east.
* 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.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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 E
ZA08-059 Page 5
Fire Department Review
David Barnes
Fire Marshal
(817) 748-8233
GENERAL COMMENTS:
1. Automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2006 I.F.C. Sec.
903.2.10.6 as amended) Submit plans to Reed Fire Protection Amberton Tower 4144 N. Central
Expressway, Suite 510 Dallas, Tex 75204 Phone # 214-638-7599.
2. Backflow protection for fire sprinkler system may be in building at riser (instead of in vault) if riser is
within 100 feet of water main.
* Fire sprinkler systems required to be monitored for water flow and valve tamper if over 20 sprinkler
heads on system. (per 2006 I.F.C. Sec. 903.4 as amended) Submit plans to Reed Fire Protection
Amberton Towers 4144 N. Central Expressway Suite 510 Dallas, Tex 75204 Phone # 214-638-
7599.
* Fire department sprinkler connections to be five inch Storz connections (or equivalent) with 30
degree elbow and aluminum alloy blind cap secured with chain or cable. (per policy dated 12-96)
FIRE LANE COMMENTS:
* No fire lane problems noted based on submitted information.
* Fire lanes are satisfactory as shown on the submitted plan.
1. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
apparatus (minimum of 75,000 lbs GVW).
2. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per
2006 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97)
Dimension turn radii on site plan.
FIRE HYDRANT COMMENTS:
Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet for
five-inch diameter hose.
1 Hydrants required at maximum spacing R-3 and U Occupancies 400 feet Unsprinklered 600 feet
Sprinklered. All others 300 feet Unsprinklered and 600 feet Sprinklered. Hydrants are required at
intersecting streets and at intermediate locations between as prescribed above, measured as the
hose would be laid.
2 Fire Department connection for sprinkler system must be within 100 feet of a fire hydrant
INFORMATIONAL COMMENTS:
* All construction plans to be submitted for a building permit must conform to the edition of the
International Fire Code currently amended and adopted.
Case No. Attachment E
ZA08-059 Page 6
* All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2006
I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire
Marshal’s Office. FDC connections must have a Knox Locking Cap.
# = Denotes comment that may be included in formal review by P&Z and City Council.
* = Denotes informational comment.
Case No. Attachment E
ZA08-059 Page 7
Community Service/Parks Department Review
Peter Kao
Community Service
(817) 748-8607
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if
requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for
further details.
Land/park dedication requirements:
Requires park dedication fees in the amount of $2400 per gross acre x 8.829 acres = $21,189.60
Pathway Comments:
Provide Pedestrian Access Plan. Sidewalks are required on both sides of all public and private streets.
Provide pedestrian access to and from Trail System connections. Show all handicap access ramps with red
4x8 truncated dome concrete pavers.
Other informational comments:
Provide proper barriers/ rails along pond for trail on Southlake Blvd. Provide radius connections at all
sidewalk/pathway intersections where possible.
Case No. Attachment E
ZA08-059 Page 8
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.
* Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.1.a is
required on proposed buildings.
* All development must comply with the Drainage Ordinance No. 605, as amended.
* 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.
*
All curb cuts into Southlake Boulevard are subject to approval by TXDOT. Deceleration lane(s) along
with appropriate ROW dedications to maintain parkway widths will likely be required into the proposed
driveway/street cuts along E. Southlake Boulevard
* Denotes Informational Comment
Case No. Attachment E
ZA08-059 Page 9
Surrounding Property Owners
Plaza on Southlake Boulevard
SPO # Owner Zoning Land Use Acreage
1. Medium Density Residential, Office
Mendez Ltd SP1 Commercial 2.39
2.
Greenway Crestwood Partners SP2 Office Commercial 2.41
3.
Greenway-Southlake Office Prtn SP1 Office Commercial 1.99
4. Medium Density Residential, Office
East Southlake #1 Ltd SP1 Commercial 1.87
5. Medium Density Residential, Office
Mendez Ltd SF1-A Commercial 3.40
6. Medium Density Residential, Office
Mendez Ltd AG Commercial 5.41
7. 100-Year Flood Plain, Medium Density
Rucker, William Est & Zena Tra AG Residential 50.45
8.
Vision SW Silverlake Llc SP1 Office Commercial 0.55
9.
Vision SW Silverlake Llc SP1 Office Commercial 2.82
10. Office Commercial, Medium Density
Vision SW Silverlake Llc SP1 Residential 4.22
11. Office Commercial, Medium Density
Rucker, William Est & Zena Tr AG Residential 4.24
12.
Prade, C A Jr AG Medium Density Residential 0.16
13. Office Commercial, Medium Density
Prade, C A Jr Etux Anita AG Residential 16.19
14.
Rcp Southlake Blvd #2, Ltd AG Medium Density Residential 4.81
15. Office Commercial, Medium Density
Rcp Southlake Blvd #2, Ltd AG Residential 16.34
Case No. Attachment F
ZA08-059 Page 1
Surrounding Property Owner Responses
Plaza on Southlake Boulevard
Notices Sent:
Fifteen (15)
Responses Received:
None (0)
Case No. Attachment G
ZA08-059 Page 1
SPIN MEETING REPORT
CASE NO.
ZA08-059
PROJECT NAME:
The Plaza on Southlake Boulevard
SPIN DISTRICT:
Citywide
MEETING DATE:
August 25, 2008
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Nine (9)
SPIN REPRESENTATIVE(S) PRESENT:
Ray Tremain #9e and Mike Terry #13
APPLICANT(S) PRESENTING:
Tom Waters, Realty Capital
STAFF PRESENT:
Richard Schell, Planner II and Lorrie Fletcher, Planner I
STAFF CONTACT:
Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located on the south side of Southlake Boulevard approximately 500 feet west
of the Southlake Boulevard / Carroll Avenue intersection.
Development Details
Property is approximately 10 acres and is zoned AG Agricultural District.
Applicant is proposing a SP-2 Generalized Site Plan District to include mixed-use
retail, restaurant and commercial development.
Concept Plan shows two phases. First phase fronting Southlake Boulevard and
proposing retail / restaurant elements with one story bank at the northwest corner
(proposed 5 buildings). The second phase extends south to the future Zena Rucker
Road and includes four (4) one story office buildings and an existing retention pond.
The proposed Plaza Boulevard along the west side of the development adjacent to
Invitation Park will connect to the future Zena Rucker Road at a full sized round-a-
bout.
The proposed buildings along Southlake Boulevard will have glass on all sides to help
soften a definite front and back to the building.
QUESTIONS & DISCUSSION
I don’t like
There were no questions asked, however, one statement was made, “
buildings facing 1709 with no apparent ‘back of building’; I also don’t like one story flat
top buildings. I think they are ugly.
”
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 H
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-570
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
A PORTION OF TRACT 4G, OBEDIAH W. KNIGHT
SURVEY, ABSTRACT NO. 899, BEING
APPROXIMATELY 10.362 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
“AG” AGRICULTURAL DISTRICT TO “S-P-2”
GENERALIZED SITE PLAN DISTRICT WITH “C-2”
LOCAL RETAIL COMMERCIAL USES, 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
Case No. Attachment I
ZA08-059 Page 1
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 “AG”
Agricultural 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
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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 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.
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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 a portion of Tract 4G, Obediah W. Knight
Survey, Abstract 899, being approximately 10.362 acres, and more fully
and completely described in Exhibit “A” from “AG” Agricultural District to
“S-P-2” Generalized Site Plan District with “C-2” Local Retail Commercial
uses as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit “B,” and subject to the following
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
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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.
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
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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.
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.
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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 a portion of Tract 4G, Obediah W. Knight Survey, Abstract
899, being approximately 10.362 acres, and more fully and completely described as
follows:
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EXHIBIT “B”
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Site Plan
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Elevations
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Elevations
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Landscape Plan Phase 1
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Landscape Plan Phase 2
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Tree Conservation Plan
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Variance Letter
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