Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
July 28, 2010
CASE NO:ZA10-041
PROJECT:Zoning Change and Site Plan for Tower Plaza (FKA “Invitation Park”)
EXECUTIVE
SUMMARY:
A Zoning Change and Site Plan request to amend the existing “S-P-1” Detailed
Site Plan District to allow for hospital uses and a revised building layout on 5.84
acres located on E. Southlake Blvd just west of Carroll Avenue.
REQUEST DETAILS:
On behalf of Visions Southwest, Sage Group, Inc. is requesting approval of a
zoning change and site plan to revise the currently approved “S-P-1” zoning and
site plan which proposed two phases of office development totaling 90,000 square
feet, north of the proposed Zena Rucker Road and South of E. Southlake
Boulevard between S. Carroll Avenue and Byron Nelson Parkway. The currently
approved plans allow for three story “brownstone” style office buildings intended
for general/professional office and medical office uses.
The proposed revision will keep the layout and general/medical office use of the
two northernmost buildings. Five other buildings, including a common “club
house,” are removed from this proposal and in their place the applicant is
proposing a three-story, 64,800 square foot medical center/hospital with a similar
architectural style as previously approved. A “hospital” by common definition
includes patient-related overnight stay, but the applicant has included that
language in their “S-P-1” Detailed Site Plan District zoning regulations for clarifying
purposes.
The revised "S-P-1" zoning will follow the currently approved zoning allowing “C-3”
uses and regulations with the following exceptions (additions/deletions from
original zoning are listed):
Permitted Uses
Offices of a business and/or professional nature providing services not
including fabrication, manufacture, or production of goods;
Any use permitted in the “O-1” Office District;
Duplicating services, printing, lithographing, mimeographing, multi-graphing
and offset printing, providing that the floor area does not exceed 2,000 square
feet;
Financial institutions;
Health service facilities to include clinics, offices of dentists, doctors, and
other practitioners of healing arts, licensed or similarly recognized under the
laws of the state of Texas; offices for specialists and supporting health service
Case No.
ZA10-041
fields, such as physical, audio and speech therapy, podiatry, and
psychological testing and counseling; dental, medical, and optical laboratories;
Medical care facilities to include hospitals with their related facilities and
supportive retail and personal service uses operated by or under the control of
the hospital primarily for the convenience of patients, staff and visitors. Such
medical care facilities may involve patient related overnight stays.
Under parking shall be permitted accessory as shown on the attached site
plan.
Development Regulations
Bufferyards and setbacks along internal lot lines shall be as shown on the site
plan;
Buildings shall be provided with a 65 foot minimum horizontal setback from
the proposed north right-of-way line for the Zena Rucker Road (60’ R.O.W.)
and approximately 125 feet from the south R.O.W. line for Zena Rucker Road,
which is the northern boundary of the Medium Density Residential LUD
boundary.
Side yard setback = 15 feet
Minimum separate building size = 2,000 square feet
Maximum building height as shown on approved elevation plans; never
greater than 3 stories nor 50’
Freestanding towers = no greater than 50’ in height.
Parking requirements shall be based on building use and as specified in the
attached S-P-1 zoning letter and site plan;
Minimum Tree Canopy Cover = 29%
Vertical Articulation for Medical Center = as shown on plan
The following variances are being requested:
Driveway stacking – The required minimum driveway stacking for this
development is 100 feet on Driveway ‘A’ and 150 feet for Driveways ‘B’ & ‘C.’
(Driveway Ordinance No. 634, Section 5.2.d.) The following are proposed:
- Driveway ‘A’ ±60 feet
- Driveway ‘B’ ±67 feet
- Driveway ‘C’ ±88 feet
All driveways must meet the minimum spacing requirements in accordance
with the TxDOT and the City’s Driveway Ordinance No. 634, as amended. A
future street along the east boundary of this property has been approved by
the City as part of the Site Plan and Preliminary Plat on the adjacent property
to the east. To comply with driveway spacing regulations, Driveway ‘A’ will be
closed and eliminated by the property owner upon completion of the future
street.
st
ACTION NEEDED:1) Consider 1 Reading of the Zoning Change and Site Plan Request
ATTACHMENTS:(A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information - Link to PowerPoint Presentation
(D)Site Plan Review Summary No. 3, dated July 28, 2010
(E)
July 12, 2010 SPIN Meeting Report
(F)
Surrounding Property Owners Map and Responses
(G)
Ordinance No. 480-549b
Case No.
ZA10-041
(G)
for Commission and Council Members Only
Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Clayton Comstock (817) 748-8269
Case No.
ZA10-041
BACKGROUND INFORMATION
OWNER:
Visions Southwest
APPLICANT:
Sage Group
PROPERTY SITUATION:
821 & 835 E. Southlake Boulevard
LEGAL DESCRIPTION:
Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey,
Abstract No. 899
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
“S-P-1” Detailed Site Plan District
REQUESTED ZONING:
“S-P-1” Detailed Site Plan District
HISTORY:
The structures on the property were built around 1960 (Source: TAD)
The “C-3” General Commercial Zoning District designation was assigned
to the properties with the adoption of Zoning Ordinance 480 in 1989.
Planning Case ZA07-124
A Zoning Change & Site Plan under and a
Planning Case ZA07-125
Preliminary Plat under were approved February
19, 2008 by City Council to develop approximately 90,000 square feet of
professional office space and change the Zoning from “C-3” General
Commercial Zoning District to “S-P-1” Detailed Site Plan District.
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Southlake Boulevard (FM
1709) to have 130 feet of right-of-way. Adequate right-of-way exists for
this road; however the applicant proposes the dedication of ten feet along
FM 1709 for TxDOT R.O.W. and construction of a deceleration lane. The
Master Thoroughfare Plan also recommends Zena Rucker Road at the
southern boundary of this property. Zena Rucker Road is proposed to be
a 2-lane undivided collector with 60’ R.O.W.
The “future street” running north-south on the plan will be completed with
the development of the property to the east and will connect Zena Rucker
Road to Southlake Blvd.
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly onto East Southlake
Boulevard. The drive is proposed to be a full-access drive; however, the
applicant proposes to close the Southlake Blvd drive once the property to
the east is developed. Common access easements are also proposed to
provide access to both the east and west.
East Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two-way, center left turn lane.
Case No. Attachment A
ZA10-041 Page 1
April - May, 2009 traffic counts on E. Southlake Blvd (between Byron
Nelson Pkwy & Carroll Ave)
24hr 24,495)25,363
West Bound (WB) ( East Bound (EB) ()
WB 1,2922,754
Peak A.M. () 11:15 – 12:15 Peak P.M. () 5:15 – 6:15
EB 2,6331,813
Peak A.M. () 7:30 – 8:30 Peak P.M. () 3:15 – 4:15
The City of Southlake has recently undergone a study to determine the
location and design for medians along Southlake Boulevard. A median
opening with the potential for a traffic signal (when intersection traffic
counts warrant) is proposed in the area of the site.
Traffic Impact
Link to Medical Center at Tower Plaza TIA Memo
PATHWAYS MASTER
PLAN:
A minimum 8’ wide multi-use trail is required along East Southlake
Boulevard and 5’ sidewalks are required along all adjacent public streets.
WATER & SEWER:
A 12-inch water line exists along the north side of East Southlake
Boulevard. A 6-inch sanitary sewer line also exists along the north side of
E. Southlake Boulevard.
TREE PRESERVATION:
There are some trees shown to be preserved along the perimeter of the
property. All but one tree in the center of the project is expected to be
removed. The existing tree canopy cover on the site is shown to be 11%
and 70% of that area would typically be required to be preserved under the
Tree Preservation Ordinance. Given that this is an S-P-1 zoning request,
the tree conservation plan, including the tree canopy cover, is subject to
City Council approval. The applicant has proposed a minimum 29% of
existing canopy cover preservation in their S-P-1 regulations.
SOUTHLAKE 2025:
The proposed development is consistent with the “Office Commercial”
future land use designation for this site.
Case No. Attachment A
ZA10-041 Page 2
There are also site specific
recommendations for this
development under 9A and
South Side Area
9B of the
PlanSouthlake
of the City’s
2025
Comprehensive Plan.
The recommendations for the
area under 9A are as follows:
ecommend connectivity through the site from Southlake Blvd.
(to connect with Carroll Ave.) through any development to the
south;
the site 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.; and
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.
Under 9B the recommendations are:
Recommend T-2 alternative designation to provide a transition
from expected commercial development to the north and
residential development to the south;
should be master-planned with 9a; and
recommend connectivity through the site.
SPIN MEETING:
A SPIN meeting on this development was held on Monday, July 12, 2010
at 7:00PM. The SPIN Meeting Report is included as Attachment “E” of
this report.
PLANNING & ZONING
COMMISSION:
July 22, 2010;Approved (4-0) granting the variance requests for driveway
stacking as requested; noting driveway spacing must meet TXDOT and
City standards; Noting the applicant’s statement that they will install Zena
Rucker Road and improve drainage onto the adjacent property to the
southwest; noting the applicant’s willingness to add two evergreen canopy
trees on the northeast corner of Building 1 and three evergreen canopy
trees on the northwest corner of Building 3; and subject to Site Plan
Review Summary No. 2, dated July 16, 2010.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 3, dated July 28, 2010.
Case No. Attachment A
ZA10-041 Page 3
Tower Plaza (FKA “Invitation Park”)
ZA10-041
Case No. Attachment B
ZA10-041 Page 1
LINK TO POWER POINT PRESENTATION
Case No. Attachment C
ZA10-041 Page 1
Case No. Attachment C
ZA10-041 Page 2
Case No. Attachment C
ZA10-041 Page 3
Case No. Attachment C
ZA10-041 Page 4
Case No. Attachment C
ZA10-041 Page 5
Case No. Attachment C
ZA10-041 Page 6
Case No. Attachment C
ZA10-041 Page 7
Case No. Attachment C
ZA10-041 Page 8
Case No. Attachment C
ZA10-041 Page 9
Case No. Attachment C
ZA10-041 Page 10
SITE PLAN REVIEW SUMMARY
ZA10-041Three7/28/10
Case No.: Review No.: Date of Review:
Zoning & Site Plan for Tower Plaza (FKA Invitation Park)
Project Name:
APPLICANT/PROJECT MANAGER: ARCHITECT:
Sage Group, Inc. – ATTN: Curtis Young Azimuth Architecture
1130 N. Carroll Ave; Ste 200 4228 N. Central Expwy; Ste 100
Dallas, TX 75206
P: (817) 424-2626 P: (214) 261-9060
F: (214) 261-9049
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/7/10 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 CLAYTON COMSTOCK AT (817) 748-8269.
1. The following changes are needed regarding driveways/streets/transportation:
a.
(A Variance is being
The proposed driveway(s) do not meet the minimum stacking depth.
requested for this requirement)
The following are proposed:
i. Driveway ‘A’ ±60 feet (150’ required)
ii. Driveway ‘B’ ±67 feet (100’ required)
iii. Driveway ‘C’ ±88 feet (100’ required)
b.
All driveways must meet the minimum spacing requirements in accordance with the
TxDOT and the City’s Driveway Ordinance No. 634, as amended. A future street along
the east boundary of this property has been approved by the City as part of the Site Plan
and Preliminary Plat on the adjacent property to the east. To comply with driveway
spacing regulations, Driveway ‘A’ will be closed and eliminated by the property owner
upon completion of the future street.
c.
Note on the plan the timing at which Zena Rucker Road would be constructed and provide
a copy of the most current agreement with the adjacent property owner(s).
d.
Increase ROW dedication width along F.M. 1709 to at least 12 feet to account for the
stacking area of the deceleration lane and ROW dedication following the transition for the
full length of the deceleration lane to the east boundary of this property. Planned
thoroughfare width of 130’ does not account for deceleration lanes. Adjust any site data
or regulations affected by the ROW dedication.
2. Show and dimension the required bufferyard on the southeast “corner clip” of the property.
3. Sidewalks are required to be installed with the installation of Zena Rucker Road. Please remove
“by others” on that sidewalk.
4. Remove the word “not” in # 1 of the “Development Regulations” of the S-P-1 letter.
Case No. Attachment D
ZA10-041 Page 1
INFORMATIONAL COMMENTS
* Deceleration lane must comply TXDOT standards.
*
Sidewalks along the west side of the “Future Street” are shown on the Concept Plan for the
“Plaza” development to the east to be installed by that developer.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
.
development run-off
* 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.
* Please be aware that medians are planned to be installed along Southlake Boulevard in the near
future. A full opening is planned at Driveway ‘B’ and the existing driveway directly across from
Driveway ‘B’ on the north side of E. Southlake Boulevard. See median plan insert shown in
Attachment A, Page 2 of this report. Driveway ‘A’ will be a limited access driveway upon
completion of the medians.
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* 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.
* A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a
building permit for the construction of any off-site pavement and a permit from TxDOT must be
obtained prior to any curb cut along F.M. 1709.
* A minimum 5’ sidewalk is required adjacent to all streets where a trail is not planned. The
required sidewalks need to be provided along the approved and/or dedicated street ROW with
development of this property. The sidewalks located along the east and south are noted to be
provided with the construction of the adjoining phase, however see Comment # 4 above.
Case No. Attachment D
ZA10-041 Page 2
SPIN MEETING REPORT
CASE NO.
ZA10-041
PROJECT NAME:
Tower Plaza
SPIN DISTRICT:
SPIN # 9
MEETING DATE:
July 12, 2010
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Twenty-five (25)
SPIN REPRESENTATIVE(S) PRESENT:
Ray Tremain (#9), Ron Evans (#10)
APPLICANT(S) PRESENTING:
Curtis Young, Sage Group
STAFF PRESENT:
Clayton Comstock, Planner II
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is 5.84 acres located at 821 E. Southlake Boulevard.
Development Details
The applicant is requesting approval of a revision to the existing S-P-1 zoning and site
plan. Tower Plaza is a proposed 5.84 acre development for office and medical uses. The
property is currently undeveloped. The proposed use is consistent with the City of
Southlake Comprehensive Land Use Plan. The property sits along the south side of
Southlake Boulevard, approximately 1,000 feet west of Carroll Avenue. It is across the
street from two medical office buildings within the Mendez Addition. All other parcels
surrounding the property are currently undeveloped.
The intent of this zoning request is to enable the construction of a well designed, high
quality office and medical park development. The proposal includes three specific
buildings with the park; Buildings 1 and 3 (Office) are identical to those approved in the
same locations by the City Council in 2008, and are consistent with the current S-P-1
zoning for the property. This proposal would replace the remaining buildings from that
existing approved zoning with a single structure, the “Medical Center at Tower Plaza.”
The Medical Center at Tower Plaza will be a private, physician-managed hospital serving
the citizens of Southlake and surrounding communities with local physician management.
The facility features state-of-the-art diagnostic capabilities and
Case No. Attachment E
ZA10-041 Page 1
specializes in minimally invasive procedures. The Medical Center at Tower Plaza will be
accredited with the Joint Commission on Accreditation of Healthcare Organizations and will be
Medicare certified.
QUESTIONS / CONCERNS
Q: Will everything be built in one phase?
A: All the infrastructure will be built with the hospital and one of the office buildings first. The
second office building will be built when lease demands warrant.
Q: Will doctors occupy the office buildings for their practice?
A: They may, but we don’t know for sure how many will do that yet.
C: Potential problems accessing the property after medians on F.M. 1709 are installed and
no traffic signal at the intersection for the future street.
Q: Will you have landscape berms along FM 1709?
A: Yes.
Q: Will there be connections for other properties on Zena Rucker Road?
Q: Are you using the same drainage plan as previous? What’s different?
A: The same drainage plan concepts are being used (as far as underground detention under
the parking lot), but the exact dimensions of the underground systems have changed to
accommodate the new layout.
Q: When will the “future street” get built?
A: The “future street” is on a piece of property not owned by this development. The street
was previously approved and preliminary platted with an office/retail development to the
east. The road will be installed when that property develops.
Q: Is the proposed temporary driveway approved by TxDOT?
A: It is replacing an existing driveway that is there today. It will have to get approved by
TxDOT before construction.
Q: Will there be an emergency room?
A: All “hospitals” of this type are required to have an emergency room, but the emergency
room will not be the primary focus of the hospital.
Q: How will the hospital be affected by recent legislation regarding physician-owned
hospitals?
Q: Who is the operator and do they have experience
Case No. Attachment E
ZA10-041 Page 2
Q: Elevations on hospital look different from the rest of the development. Is the medical
center building modeled after another development? Have you picked masonry materials
yet?
A: Building elements are inspired by the approved site plan elevations and Southlake Town
Square. This building is not constructed anywhere else.
Q: Is the first building built by this group in Southlake?
A: Yes.
Q: What surrounds the property?
A: Vacant, undeveloped land to the west, south and east. The property to the east has an
approved zoning/concept plan for retail and office. Zena Rucker Road—which is planned
at this development’s southern boundary—will connect Carroll Avenue to Byron Nelson
Pkwy. Across FM 1709 are medical offices.
Q: Who owns the 2-acre tract south of Zena Rucker?
A: This developer owns that piece as well. The Southlake 2025 future land use designation
on that piece is “Medium Density Residential”
Q: What roadway infrastructure is required?
A: Only a deceleration lane along FM 1709 and the portion of Zena Rucker Rd that abuts this
property.
Q: What is your desired timing?
A: Construction is desired to begin as soon as approvals are received and permits are
issued.
Q: What’s the square footage?
A: The hospital is 64,800 square feet on three stories. There is 42,573 square feet of office
space between the two three-story office buildings.
Q: What is the acreage of site?
A: 5.84 gross acres; 5.75 net acres.
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 E
ZA10-041 Page 3
Surrounding Property Owners
Tower Plaza
SPO # Owner Zoning Land Use Acreage Response
1. Southlake-Foxborough Ltd SF20A Medium Density Residential 1.31 NR
2. Kiani, Hamid Etux Rashin SF20A Medium Density Residential 0.64 NR
3. East Southlake #1 Ltd SP1 Office Commercial 1.87 NR
4. East Southlake #2 Ltd SP1 Office Commercial 2.39 NR
Office Commercial
5. Mendez Ltd AG 5.41 NR
Medium Density Residential
6. Vision SW Silverlake Llc S-P-1 Office Commercial 0.55 NR
7. Vision SW Silverlake Llc S-P-1 Office Commercial 2.82 NR
Rucker, William W Est &
8. AG Office Commercial 6.70 NR
Zena
Office Commercial
9. Vision SW Silverlake Llc S-P-1 & AG 4.22 NR
Medium Density Residential
Rucker, William Est & Zena
10. AG Medium Density Residential 4.24 NR
Tr
Office Commercial
11. Rcp Southlake Blvd #2, Ltd S-P-2 16.34 NR
Medium Density Residential
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eleven (11)
Responses Received Within 200’ Buffer:
None (0)
Case No. Attachment F
ZA10-041 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-549b
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 ASTRACTS 3B & 3B01, AND A PORTION OF
TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING
APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN 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 “S-P-1” DETAILED
SITE PLAN DISTRICT under the City’s Comprehensive Zoning Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by a
Case No. Attachment G
ZA10-041 Page 1
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
Case No. Attachment G
ZA10-041 Page 2
existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air,
prevents the over-crowding of land, avoids undue concentration of population, and facilitates
the adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there
is a necessity and need for the changes in zoning and has also found and determined that
there has been a change in the conditions of the property surrounding and in close proximity to
the tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract
or tracts of land are needed, are called for, and are in the best interest of the public at large,
the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being,Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey,
Case No. Attachment G
ZA10-041 Page 3
Abstract No. 899 and being approximately 5.84 acres, and more fully and
completely described in exhibit “A” from “S-P-1” detailed site plan 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
specific 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 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
Case No. Attachment G
ZA10-041 Page 4
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 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
Case No. Attachment G
ZA10-041 Page 5
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.
PASSED AND APPROVED on the 1st reading the ___ day of ___, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the __ day of ____, 2010.
________________________________
MAYOR
ATTEST:
Case No. Attachment G
ZA10-041 Page 6
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA10-041 Page 7
EXHIBIT “A”
Being Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899
and being approximately 5.84 acres and more fully described by metes and bounds as follows:
Case No. Attachment G
ZA10-041 Page 8
EXHIBIT “B”
Reserved for Approved Site Plan
Case No. Attachment G
ZA10-041 Page 9