Item 7C
Department of Planning & Development Services
S T A F F R E P O R T
December 12, 2007
ZA07-126
CASE NO:
Zoning Change and Concept Plan for 200 S. Peytonville Avenue
PROJECT:
REQUEST: Donald & Louise Davis are requesting approval of a zoning change and
concept plan for “O-1” office district zoning proposing an approximate 7,600
SF office building. This property is currently a 1 acre part of a 5.8 acre “S-P-
2” zoned office development containing seven office buildings totaling 51,000
square feet. The developer of that office development did not follow through
with the purchase and development of the plan following its approval. This
has left the five individual tract owners tied together under the current S-P-2
zoning and plan. The purpose of this request is separate this tract from the
remaining four tracts to allow marketing and future development of an
independent office site. If approved, a site plan approved by the City Council
following a recommendation from the Planning and Zoning Commission will be
required prior to issuance of a building permit. This would include final
architectural elevations of the building, grading/drainage plans, utility plans,
tree conservation plan and landscape plan.
A variance to the driveway spacing is proposed. 250 feet is required and
approximately 220 feet is proposed between and existing driveway to the
north and 170 feet to a future driveway to the south.
Consider first reading for a zoning change and concept plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Exhibit
Revised Concept Plan Review Summary No. 1 dated December 6,
(E)
2007
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-543
(I) Full Size Plans (for Commission and Council Members Only)
Case No.
ZA07-126
STAFF CONTACT: Ken Baker (748-8067) or Dennis Killough (748-8072)
Case No.
ZA07-126
BACKGROUND INFORMATION
OWNERS/APPLICANTS: Donald & Louise Davis
PROPERTY SITUATION: 200 S. Peytonville Avenue
LEGAL DESCRIPTION: Tract 3C02, W.R. Eaves Survey, Abstract No. 695
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: S-P-2 Generalized Site Plan District
REQUESTED ZONING: O-1 Office District
HISTORY: A zoning change and concept plan for S-P-2 zoning with O-1 office
muses was approved in November of 2002 for
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends S. Peytonville Avenue,
adjacent to Carroll Senior High, to be a 5-lane, undivided arterial street
with 84’ of right-of-way. Traveling south of the proposed development,
the Master Thoroughfare Plan recommends a transition of S.
Peytonville Avenue to a 2-lane, undivided collector street with 70’ of
right-of-way. Adequate right-of-way is being dedicated.
Existing Area Road Network and Conditions
The proposed site will have one (1) drive directly onto S. Peytonville
Avenue. The site will also have access to the site to the north through
two common access easements.
S. Peytonville Avenue is a four lane, divided roadway with left-turn
lanes at median breaks north of the proposed drive. S. Peytonville
transitions into a 2-lane, undivided roadway south of the proposed
drive.
May, 2006 traffic counts on S. Peytonville Ave (between FM 1709
and Continental Blvd): Table #1
24hr 1,5371,502
North Bound (NB) () South Bound (SB) ()
NB 187155
Peak A.M. () 5 – 6 a.m. Peak P.M. () 3 – 4 p.m.
SB 314116
Peak A.M. () 5 – 6 a.m. Peak P.M. () 3 – 4 p.m.
Case No. Attachment A
ZA07-126 Page 1
Traffic Impact
Use Sq. ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Previous Plan - 50,600 557 70 9 13 63
General Office Park
Current Plan 7,600 84 11 1 2 10
*Vehicle Trips Per Day
*The AM/PM times represent the number of vehicle trips generated during the peak
travel times on S. Peytonville Ave.
WATER & SEWER: The site will connect to an 8” water line that runs along the east side of
S. Peytonville Ave. The site will also connect to an existing Sanitary
Sewer line that runs along the west property line.
P&Z ACTION: December 6, 2007; Denied (7-0).
STAFF COMMENTS: Attached is concept plan review No. 1 dated November 30, 2007
N:\Community Development\MEMO\2007cases\07-126ZCP.doc
Case No. Attachment A
ZA07-126 Page 2
Case No. Attachment B
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Plans and Support Information
Narrative Letter
Case No. Attachment C
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Previously Approved Plan
Case No. Attachment C
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Concept Plan
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Overall Concept Plan
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Drainage Letter
Case No. Attachment C
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Variance Exhibit
Driveway Spacing Variance
250’ Req’d - 170’ & 220’ Provided
Case No. Attachment D
ZA07-126 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA07-126One12/06/07
Case No.: Revised Review No.: Date of Review:
Concept Plan
Project Name: – 200 S. Peytonville Avenue
OWNER/APPLICANT:
Donald Davis
200 S. Peytonville Ave.
Southlake, Texas 76092
(817) 488-7161
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/01/07AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF
CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY
QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072 OR
BEN BRYNER (817) 748-8602.
1. Label all existing trees with the type, size and whether to be saved or removed in
accordance with the tree conservation analysis requirements.
2. Correctly label the plans as concept plan with the proposed zoning as “O-1”.
3. The parking provided does not meet the minimum requirements for medical use. Correct
the building use area proposed in order to comply with the amount of parking which can
be provided. (approx. 52 required and only 32 provided. Minimum for general office is
30).
4. The minimum spacing between driveways along an arterial roadway is 250 feet. The
applicant proposed a driveway approximately 220 feet from an existing driveway to the north
(A variance is requested)
and 170 feet to a future driveway to the south.
Consolidated Land Use Plan Recommendations
5. The underlying land use designation is Medium Density Residential with a T-1 (Transition)
optional land use designation. The Medium Density Residential category allows for limited
low intensity office uses. However, the Land Use Plan recommends that office buildings in
the Medium Density Residential category be limited to 1-2 stories with footprints less than
6,000 square feet. The proposed building is approximately 7,595 square feet.
Southlake Pathways Plan Recommendations
6. Provide an 8 foot trail as required along S. Peytonville Avenue by the Master Pathways
Plan. Provide connecting internal sidewalk(s) to the trail.
Environmental Resource Protection Recommendations
Case No. Attachment E
ZA07-126 Page 1
* There are no specifically identified conservation areas on this property. Although not
required by ordinance, trees should be preserved whenever feasible. A Tree Conservation
Analysis is required.
INFORMATIONAL COMMENTS:
* All development must comply with the City’s Drainage Ordinance No. 605.
*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, and a 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.
* This site falls within the applicability of the residential adjacency standards as amended by
Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards”. Although no
review of the following issues is provided with this concept plan, the applicant must evaluate
the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and
approved by the Planning and Zoning Commission and City Council prior to issuance of a
Note that these issues are only the major areas of site plan review and
building permit.
that the applicant is responsible for compliance with all site plan requirements:
Masonry requirements per Section 43, Ordinance 480, as amended and Masonry
•
Ordinance No. 557, as amended.
Roof design standards per Section 43, Ordinance 480, as amended
•
Mechanical Equipment Screening
•
Vertical and horizontal building articulation (required on all building facades) per
•
Section 43, Ordinance 480, as amended.
Building setback standards as per Section 43, Ordinance 480, as amended.
•
Spill-over lighting and noise per the Lighting and Noise Ordinances, as amended.
•
Off-street parking requirements per Ordinance 480, as amended. All areas intended
•
for vehicular use must be of an all weather surface material in accordance with the
Ordinance No. 480, as amended.
Screening as per, Ordinance 480, as amended.
•
Interior landscaping per Landscape Ordinance No. 544, as amended.
•
Fire lanes must be approved by the City Fire Department.
•
* Denotes Informational Comment
Case No. Attachment E
ZA07-126 Page 2
Surrounding Property Owners
200 S. Peytonville Ave.
SPO #
Owner Zoning Land Use Acreage
Retail Commercial
1.
Bradner Central Co C2 2.182
Retail Commercial
2.
Ott Real Estate Inv Ltd O1 1.276
Medium Density Residential
3.
May, Clentis L Etux Wanda J SP2 1.02
Medium Density Residential
4.
Akard, Larry W SP2 1.009
Medium Density Residential
5.
May, Wanda Jean SP2 1.954
Medium Density Residential
6.
Baker, Bruce R Etux Betty L SF20A 0.544
Medium Density Residential
7.
Jin, Z Ming Etux Elaine Shen SF20A 0.488
Medium Density Residential
8.
Park, Louis Y Etux Tina R SF20A 0.476
Medium Density Residential
9.
Lewandowski, Mark Etux Audra SF20A 0.733
Medium Density Residential
10.
Huang, Craig J Etux Leigh E SF20A 0.468
Medium Density Residential
11.
Christensen, Mark L Etux Socor SF20A 0.463
Medium Density Residential
12.
Tak, Hyun Duk Etux Cindy SF20A 0.385
Medium Density Residential
13.
Southlake Woods Lp SF20A 0.177
Medium Density Residential
14.
Carroll ISD SP1 56.041
Medium Density Residential
15.
Davis, Donald G SP2 1.006
Medium Density Residential
16.
Greenwood, Robert C & Andrea SP2 1.011
Medium Density Residential
17.
W & B Kidd Family Ltd Prntshp C2 Retail Commercial14.035
Case No. Attachment F
ZA07-126 Page 1
Surrounding Property Owner Responses
200 S. Peytonville Ave.
Notices Sent: Seventeen (17).
Responses Received: Three (3).
Southlake Woods Lp (SPO #13),
411 Indian Paintbrush Way, submitted a Notification
Opposition
Response Form in on November 28, 2007 (see attached).
Leigh & Craig Huang (SPO #10),
407 Indian Paintbrush Way, submitted a Notification
Opposition
Response Form in on November 30, 2007 (see attached).
Robert & Andrea Greenwood (SPO #16),
210 S. Peytonville Ave., submitted a
Favor
Notification Response Form in on December 6, 2007 (see attached)
Case No. Attachment G
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Case No. Attachment G
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Case No. Attachment G
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Case No. Attachment G
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-543
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
3C02, SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NO.
695, BEING APPROXIMATELY 1.00 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2”
GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE
DISTRICT USES TO “O-1” OFFICE DISTRICT, 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; 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 “S-P-2” Generalized
Site Plan District under the City’s Comprehensive Zoning Ordinance; and
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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
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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 Tract 3C02, situated in the W.R. Eaves Survey, Abstract No. 695, and being
approximately 1.00 acres, and more fully and completely described in Exhibit “A”
from “S-P-2” Generalized Site Plan District with “O-1” Office District uses to “O-1”
Office District, as depicted on the approved Concept Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific conditions:
1.
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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.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
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
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public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tract 3C02, situated in the W.R. Eaves Survey, Abstract No. 695, and being approximately
1.00 acres.
*** Insert M&B Description ***
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EXHIBIT “B”
Narrative Letter
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Previously Approved Plan
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Concept Plan
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Overall Concept Plan
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Drainage Letter
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Variance Exhibit
Driveway Spacing Variance
250’ Req’d - 220’ Provided
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