Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
September 10, 2008
ZA08-050
CASE NO:
Zoning Change and Site Plan for CySolutions Office Complex
PROJECT:
REQUEST: On behalf of Peggy Young, Sage Group, Inc. is requesting approval of a zoning
change and site plan from “SF-1A” Single-Family Residential to “S-P-1” Detailed Site
Plan with “O-1” Office District uses. The plan proposes the development of three (3)
buildings totaling 15,357 square feet on approximately 1.68 acres.
The applicant is requesting the following variances:
Requirement That All Lots Must Front on a Street – The applicant is requesting a
variance to Subdivision Ord. No. 483 Section 8.01(A) requiring that all lots must
front on a public or private street. Common Access Easements will provide
access to all lots.
Stacking Depth – The required stacking depth is 75 feet. The applicant is
requesting a stacking depth of ± 41 feet. (Driveway Ord. No. 634, Section 5.1)
Driveway Spacing – The required driveway spacing on S. Kimball Ave. is 250
feet. The applicant is requesting a driveway spacing of 106 feet. (Driveway Ord.
No. 634, Section 5.2.d)
The applicant has provided an impervious coverage exhibit (see attachment C and
slide presentation) and has also dropped the request for a variance to have a sidewalk
closer than two feet to the curb.
At the request of City Council at the first reading, the applicant has added a six foot (6’)
iron fence with masonry columns along the east property line to the site plan.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and site plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Exhibit
(E) Site Plan Review Summary No. 3 dated September 9, 2008
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) SPIN Report
(I)Ordinance No. 480-565
for Commission and Council Members Only
(J) Full Size Plans ()
Case No.
ZA08-050
STAFF CONTACT: Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA08-050
BACKGROUND INFORMATION
OWNER: Peggy Young
APPLICANT: Sage Group, Inc.
PROPERTY SITUATION: 165 S. Kimball Avenue
LEGAL DESCRIPTION: Tract 2, George W. Main Survey, Abstract No. 1098
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: SF-1A Single Family Residential District
REQUESTED ZONING: S-P-1 Detailed Site Plan District
HISTORY: The existing 2,160 square foot residence was built in 1989 (source:
Tarrant Appraisal District).
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends S. Kimball Ave. to have
88 feet of right-of-way. Right-of-way will be dedicated for this road with
approval of a plat showing. The area to be dedicated as right-of-way is
shown on the site plan.
Existing Area Road Network and Conditions
The proposed site will have one access to S. Kimball Avenue.
South Kimball Ave. is a four lane divided arterial with a variable width
R.O.W.
May, 2007 traffic counts on S. Kimball Ave.
(between SH 114 and E. Highland St.)
North Bound South Bound
24hr 3192 3126
A.M Peak 256465
() 11:15 – 12:15 () 7:30 – 8:30
P.M. Peak 332264
() 4:30 – 5:30 () 5:00 – 6:00
Traffic Impact
Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM-
OUT OUT
General Office Building 15,357 169 21 3 4 19
*Vehicle Trips Per Day
PATHWAYS
Case No. Attachment A
ZA08-050 Page 1
MASTER PLAN: A six-foot sidewalk exists along the west side of S. Kimball Avenue. An
on-street bikeway is planned. A five-foot sidewalk is required for the
proposed development and shown on the plan.
WATER & SEWER: There is a 12 inch diameter waterline located on the west side of
Kimball Ave to serve this development. There is an 8 inch diameter
sewer line located along the east side of Kimball Ave on the south west
portion of this property to serve this development.
DRAINAGE ANALYSIS: The drainage from this development is generally to the west and south.
There is no existing storm sewer system available nearby this property.
TREE PRESERVATION: Approximately 48% of the site has existing tree cover. Approximately
43% of the existing tree cover area is proposed to be preserved. The
preservation areas are relatively evenly spread through the site, having
some preservation along the frontage, center, side yards and corners
of the property.
The existing trees in the southwest corner of the development are
shown as “borderline” preservation trees due to being within a drainage
detention area. If a flume is provided to carry the everyday irrigation
run-off, this may prevent saturation of the root zones and may help
ensure their preservation if they are not adversely affected by grading.
P&Z ACTION: August 7, 2008; Approved (5-0) subject to Site Plan Review Summary
No. 2, dated July 29, 2008; granting the requested variances.
COUNCIL ACTION: August 19, 2008; Approved to table first reading (6-0) until September
2, 2008.
September 2, 2008; Approved first reading (6-1) subject to Site Plan
Review Summary No. 2, dated July 29, 2008; granting requested
variances; and, noting applicant’s agreement to provide an access
easement to the property to the north and provide fencing on the east
property line.
STAFF COMMENTS: The property has not been platted. A plat showing must be approved
before a building permit is issued. Common access easements will be
provided on the plat to allow for access to all three lots and for
connectivity to the adjacent properties to the north and south. At the
request of the City Council, the applicant has provided an impervious
coverage exhibit (see attachment C and slide show) and dropped the
request for a variance to have a sidewalk closer than two feet to the
curb.
Case No. Attachment A
ZA08-050 Page 2
Case No. Attachment B
ZA08-050 Page 1
Plans and support information
Case No. Attachment C
ZA08-050 Page 1
Case No. Attachment C
ZA08-050 Page 2
Narrative Letter
Case No. Attachment C
ZA08-050 Page 3
Case No. Attachment C
ZA08-050 Page 4
Case No. Attachment C
ZA08-050 Page 5
Case No. Attachment D
ZA08-050 Page 1
SITE PLAN REVIEW SUMMARY
ZA08-050Three09/9/08
Case No.: Review No.: Date of Review:
CySolutions Office Complex Site Plan
Project Name:
APPLICANT: Sage Group, Inc. Engineer: Deotte, Inc.
Curtis Young Clayton T. Redinger
1130 N. Carroll Ave. Ste. 200 2553 E. Loop 820 North
Southlake, TX 76092 Fort Worth, TX 76118
Phone: (817) 424-2626 Phone: (817) 589-0000
Fax: (817) 424-2890 Fax: (817) 590-8600
cyoung@sage-dfw.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/8/08
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. All lots must front on a public or private street. Common Access Easements will provide access to
(Variance Requested)
all lots. Consider reducing the number of deflection points in the lot
boundaries.
Case No. Attachment E
ZA08-050 Page 1
Tree Conservation/Landscape Review
Keith Martin
(817) 748-8229
TREE CONSERVATION COMMENTS:
* Approximately 48% of the site has existing tree cover. Approximately 43% of the existing tree cover
area is proposed to be preserved. The preservation areas are relatively evenly spread through the site
having some preservation along the frontage, center, side yards and corners of the property. For
properties proposing S-P-1 zoning, The Planning and Zoning Commission shall make a
recommendation and the City Council shall approve the Plan or Analysis if the Council finds that the
Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so as to
maximize the preservation of environmental features of the property including mature tree
stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental
Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas
from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage
creek;
v. maximizes the preservation of existing protected trees along rural roadways and other streets
as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
* The some of the existing trees in the southwest corner of the development are shown as “borderline”
preservation trees due to being within a drainage detention area. If a flume is provided to carry the
everyday irrigation run-off this may prevent saturation of the root zones and may help insure their
preservation, if they are not adversely affected by grading.
* 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 SUMMARY CHARTS:
1. In the Bufferyards Summary Chart there are notes designating the size of the canopy trees to be 1 ½”
caliper minimum, and the height of the accent trees to be 4 ‘ minimum. The required minimum sizes
for trees and shrubs are as follows:
Canopy Trees = 50% - 4” caliper, 50% - 2” caliper
Accent Trees = 6’ height minimum.
Shrubs = 3 gallon container
Case No. Attachment E
ZA08-050 Page 2
LANDSCAPE PLAN:
1. The Landscape plan must be prepared by a Registered Landscape Architect.
2. All planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining
area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light
poles for lighting the parking areas may substitute two (2) understory/accent trees for the required
canopy tree.
Along with the required trees please ensure that all parking lot landscape islands contain shrubs,
ground covers, ornamental grasses, seasonal color, or a combination of the plant materials.
Case No. Attachment E
ZA08-050 Page 3
Public Works/Engineering Review
Michelle McCullough
Civil Engineer
(817) 748-8274
GENERAL COMMENTS:
1. The proposed wall that appears to be part of the drainage structure is encroaching in the City’s ROW.
A request should be made to the City to obtain approval for the wall to be constructed in the ROW.
An encroachment agreement may need to be filled out and presented to Council.
2. The sight distances need to be verified on the north bound lane of Kimball Ave.
3. A detail of the proposed wall will be required to be included in the construction plans.
* Use the City of Southlake GPS monuments whenever possible.
* 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.
* 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:
* For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet
apart, or 600 linear feet if buildings are sprinklered.
* Water lines cannot cross property lines without being in an easement or ROW.
* There is a 12 inch diameter waterline located on the west side of Kimball Ave to serve this
development.
* The water meters must be located in an easement or right-of-way.
* Minimum easement width for utilities along the rear is 30”.
SANITARY SEWER COMMENTS:
1. The cleanouts at the end of the service lines will be private and therefore need to be moved out of the
public easement that is shown on the submitted plans.
* All sewer lines in easements or ROW must be constructed to City standards.
* There is an 8 inch diameter sewer line located along the east side of Kimball Ave on the south west
portion of this property to serve this development.
DRAINAGE COMMENTS:
1. A detail of the proposed weir will need to be provided in the construction plans.
* The difference between pre and post development runoff shall be captured in the detention pond(s).
The proposed detention ponds shall control the discharge of the 5, 10 and 100 year storm events.
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.
* 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.
* Provide a construction entrance with 3-4” size rock.
* This property may drain into a Critical Drainage Structure and a fee to be paid prior to beginning
construction.
* The drainage from this development is generally to the west and south. There is no existing storm
Case No. Attachment E
ZA08-050 Page 4
sewer system available nearby this property.
* 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.
* 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
ZA08-050 Page 5
Fire Department Review
David C. Barnes
Fire Marshal
(817) 748-8233
GENERAL COMMENTS:
* No general problems noted based on submitted information. See specific comments below.
FIRE LANE COMMENTS:
* No fire lane problems noted based on submitted information.
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:
1. Relocate the fire hydrant from proposed location to driveway entrance.
Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet for
five-inch diameter hose.
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.
* 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
ZA08-050 Page 6
Community Service/Parks Department Review
Peter Kao
(817) 748-8607
E-mail: pkao@ci.southlake.tx.us
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 non-residential park dedication fees in the amount of $2400 per gross acre x 1.68 acres= $4032.00
Pathway Comments:
Provide Pedestrian Access Plan. Should provide pedestrian sidewalk access to and from Trail System
connections-Kimball sidewalk.
Other informational comments?
Case No. Attachment E
ZA08-050 Page 7
Informational Comments:
* The property to the south is zoned SF1-A. Therefore, the proposed plan must conform to the
regulations found in the Residential Adjacency Overlay. The minimum setback for the southern
property boundary is 40’ if the building is one-story and less than 20’ in height (see Zoning Ord.
A 25’ setback is requested in the S-P-1 letter.
480 Section 43.13.a.8).
*
When the property is platted, the applicant should allow for a future connection to the south that
would extend to the future Village Center East.
* 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 with regard to type of
lighting, intensity, glare and spill-over.
* All development must comply with the Drainage Ordinance No. 605, as amended.
75
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* 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
cc:
Case No. Attachment E
ZA08-050 Page 8
Surrounding Property Owners
CySolutions Office Complex
SPO # Owner Zoning Land Use Acreage
1.
Cangelosi, Frank & Nancy C2 Retail Commercial 1.88
2.
2315 E Southlake Center Llc C3 Retail Commercial 1.72
3.
Church Of Christ Our King CS Retail Commercial, Retail Commercial 2.98
4. Office Commercial, Low Density
Carroll ISD CS Residential, Public/Semi-Public 35.45
5. Retail Commercial, Low Density
Carr, Howard E Jr AG Residential 5.82
6. Retail Commercial, Retail Commercial,
Teeter, Robert W Etux Pam Etal AG Office Commercial, Public/Semi-Public 2.14
7.
Young, Peggy A SF1-A Retail Commercial 1.58
8. Retail Commercial, Low Density
Carr, Howard E Jr SF1-A Residential 2.89
Case No. Attachment F
ZA08-050 Page 1
Surrounding Property Owner Responses
CySolutions Office Complex
Notices Sent:
Eight (8)
Responses Received:
One (1)
Howard E Carr Jr.
Notification Response Form
1) , 6800 Westcreek Cir., Ft. Worth, TX; Submitted a
Opposed To
stating on August 7, 2008 (attached).
Case No. Attachment G
ZA08-050 Page 1
Case No. Attachment G
ZA08-050 Page 2
SPIN MEETING REPORT
CASE NO.
ZA08-050
PROJECT NAME:
CySolutions Office Complex
SPIN DISTRICT: 7
MEETING DATE:
Monday, August 11, 2008, 6:30 PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOM 3C
TOTAL ATTENDANCE:
six (6)
SPIN REPRESENTATIVE(S) PRESENT:
Eric Wang (7)
APPLICANT(S) PRESENTING:
Aaron Hunsaker and Curtis Young
STAFF PRESENT:
Planners Richard Schell and Lorrie Fletcher
STAFF CONTACT:
Richard Schell, (817) 748-8602; rschell@ci.southlake.tx.us
EXECUTIVE SUMMARY:
Property Location
165 South Kimball Avenue
On the east side of South Kimball Avenue, just south of Primrose School of Southlake.
Development Details
Proposing S-P-1 zoning with “O-1” Office District uses
The plan proposes the development of three (3) buildings totaling 15,357 square feet on
approximately 1.68 acres.
QUESTIONS & DISCUSSION:
No questions were asked.
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
ZA08-050 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-565
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 TRACT 2,
GEORGE W. MAIN SURVEY, ABSTRACT NO. 1098, BEING
APPROXIMATELY 1.68 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE
FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment I
ZA08-050 Page 1
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
those who bought or improved property with reference to the classification which existed at the time
Case No. Attachment I
ZA08-050 Page 2
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being legally described as Tract 2, George W. Main Survey, Abstract No. 1098,
being approximately 1.68 acres, and more fully and completely described in Exhibit
“A” from “SF-1A” Single Family Residential District to “S-P-1” Detailed Site Plan
District as depicted on the approved Site Plan attached hereto and incorporated
herein as Exhibit “B,” and subject to the following conditions:
1.
Case No. Attachment I
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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
Case No. Attachment I
ZA08-050 Page 4
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
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
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its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ____ day of _________, 2008.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being legally described as Tract 2, George W. Main Survey, Abstract No. 1098, being
approximately 1.68 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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