Item 6B
Department of Planning & Development Services
S T A F F R E P O R T
January 30, 2008
ZA07-067
CASE NO:
Zoning Change and Site Plan for Lot 2R, Block 1, Gorbutt Addition
PROJECT:
REQUEST: On behalf of Earnest E. Taylor, 3BMW Development LLC is requesting approval of a
Zoning Change and Site Plan. The plan proposes the development of one (1) medical
office building of 12,560 square feet on a lot of approximately 1.463 acres.
The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted uses
and development regulations with the following exceptions:
The maximum impervious coverage shall not exceed sixty-eight percent (68%);
A 10% reduction in required parking;
No loading space shall be required.
The following variances are being requested:
Driveway Spacing: A minimum of 500-feet is required between driveways along
existing
Southlake Blvd (FM 1709). The applicant is proposing that the driveway
remain, however that driveway is ±184 feet west of and ± 480 feet east of other
existing driveways. The applicant is thus requesting a variance to driveway
spacing. (Driveway Ord. No. 634, Section 5.2.a)
City Council requested that the applicant provide landscape and detention details along
FM1709 for second reading. The applicant has indicated that updated landscape
plans and renderings will be provided at the City Council meeting.
1. Conduct public hearing
ACTION NEEDED:
2. Consider approval of second reading for a zoning change and site plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Exhibit
(E) Site Plan Review Summary No. 7, dated January 30, 2008.
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-546
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Clayton Comstock (748-8269)
Case No.
ZA07-067
BACKGROUND INFORMATION
OWNER: Earnest E. Taylor
APPLICANT: 3BMW Development LLC
PROPERTY SITUATION: 1575 E. Southlake Boulevard
LEGAL DESCRIPTION: Lot 2A, Block 1, Gorbutt Addition
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: O-1 Office District
REQUESTED ZONING: S-P-1 Detailed Site Plan District
Source:
HISTORY: The existing office building was built in 1984 (TAD)
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The MTP recommends Southlake Blvd to have 130' of right-of-way. Adequate
R.O.W. exists for this road.
Existing Area Road Network and Conditions
This site’s main access will be onto Southlake Blvd. The site also has access
via an existing access stub from the Harris Methodist Southlake Medical
Center lot to the west. Common-access drives are proposed by this
development to provide connection into the Miron Grove Office Park to the
south (currently under construction) and the lot to the east.
E. Southlake Blvd is a 7-lane, undivided thoroughfare with a continuous, two-
way, center left turn lane. TXDoT is currently working on plans to install
medians along FM1709. This driveway would not have a median opening
available for west-bound traffic to access the site.
May, 2006 traffic counts on F.M. 1709 (between Kimball Ave. and
Carroll Ave.)
24hr 21,93320,081
West Bound (WB) () East Bound (EB) ()
WB 1,5012,028
Peak A.M. () Peak P.M. () 4:45 – 5:45
11:15 – 12:15
EB 1,7891,472
Peak A.M. () 7:00 – 8:00 Peak P.M. () 12:15 – 1:15
Traffic Impact
Use Sq. Ft. VtpdAM-IN AM-PM-IN PM-
* OUT OUT
Medical Office 12,560 454 25 6 13 34
*Vehicle Trips Per Day
*The AM/PM times represent the number of vehicle trips generated during the peak travel times on
E. Southlake Boulevard
Case No. Attachment A
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PATHWAYS
MASTER PLAN: The “Woodland Heights Veranda,” a paved 8’ pathway along FM 1709
between Carroll Ave and Kimball Ave (Trail Segment 45) was identified
on the Southlake Pathways Plan. The applicant is providing this 8’
sidewalk as well as pedestrian connectivity to the site.
WATER & SEWER: A 6-inch sanitary sewer line exits along the south side of E. Southlake
Blvd. adjacent to the property. A 12-inch water line also exists along
the south side of E. Southlake Blvd.
DRAINAGE ANALYSIS: This site drains to the north. The calculated increased run-off is shown
to be detained by a dry detention area located in the north bufferyard
adjacent to E. Southlake Boulevard.
TREE PRESERVATION: There are no existing trees on the site. For this reason, a Tree
Conservation Plan was not required.
P&Z ACTION: January 3, 2008; Approved (6-0) subject to Site Plan Review Summary
No. 5, dated December 28, 2007, moving the eastern connectivity stub
to the south, and granting the driveway spacing variance as requested.
COUNCIL ACTION: January 15, 2008; Approved first reading (4-0) subject to Site Plan
Review Summary No. 5, dated December 28, 2007; granting the
requested variances; specifying the property along FM 1709 will be
landscaped with a 3 to 4 foot rolling berm; will provide detail on
detention; and, will work with animal clinic on brick columns and wood
fencing suggestion.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 7, dated January 30, 2008
(Attachment E).
N:\Community Development\MEMO\2007cases\07-067ZSP.doc
Case No. Attachment A
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Case No. Attachment B
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SITE PLAN
Case No. Attachment C
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SITE PLAN
Case No. Attachment C
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ELEVATIONS
Case No. Attachment C
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LANDSCAPE PLAN
Case No. Attachment C
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PROPOSED “S-P-1” DETAILED SITE PLAN DISTRICT REGULATIONS
Case No. Attachment C
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VARIANCE EXHIBIT
DRIVEWAY SPACING
Required: 500 feet
Provided: 480 feet
Required: 500 feet
Provided: 184 feet
Case No. Attachment D
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VARIANCE LETTER (01/08/08)
Case No. Attachment D
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SITE PLAN REVIEW SUMMARY
ZA07-067Seven01/30/08
Case No.: Review No.: Date of Review:
Zoning Change & Site Plan
Project Name: – 1575 E. Southlake Blvd
APPLICANT: OWNER:
Blake Architects – Skip Blake Earnest E. Taylor, Jr. – Wade Strain / Terry W.
1202 S. White Chapel Blvd; Suite A 1575 E. Southlake Blvd
Southlake, TX 76092 Southlake, TX 76092
P: 817/488-9397 P: 817/565-4870
F: 817/251-3205 F: 817/552-6777
01/28/08
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 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
CLAYTON COMSTOCK AT (817) 748-8269.
CLARIFICATION, PLEASE CONTACT
1. The following comments are in regard to the driveway along Southlake Blvd (FM 1709):
a. Show location of Summit Ave across FM1709 and provide any measurement of any off-set
from the driveway of this site. Staff recommends that they be aligned to the greatest extent
possible.
Driveway Spacing
b. – 500 feet is required between driveways along Southlake Blvd; 185-feet
Applicant has requested a variance to Driveway Spacing
and 480-feet is proposed.
requirement.
c. Provide a common access easement centered over the main drive lane extending from E.
Southlake Boulevard to the south and west boundaries connecting to the driveways from the
adjacent properties. An amended plat would be the best way to dedicate these and any other
utility or drainage easements needed for compliance with approved construction plans.
2. Consider future connection to eastern property when placing masonry screening columns and
ensure that location of columns is adequately spaced to provide distance from drive lane
pavement.
3. Provide a revised Landscape Plan that reflects the placement of the eastern access stub further
south, as landscaping is affected by the move.
medical
4. Revise the S-P-1 Regulations regarding parking to specify that all uses shall follow 1
space per 163 square feet.
* Any bufferyard landscaping removed off-site as a result of the installation of any connecting
driveways will be required to be replaced elsewhere along the same bufferyard
* 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.
Case No. Attachment E
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* 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.
* The applicant should be aware that prior to issuance of a building permit 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) on the west must be obtained prior to
issuance of a building permit for the construction of the off-site pavement and a permit from
TxDOT must be obtained prior to any curb cut along F.M. 1709.
* Denotes Informational Comment
Case No. Attachment E
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Surrounding Property Owners
Lot 2R, Block 1, Gorbutt Addition
SPO Owner Zoning Land Use Acreage
#
1. Town Center
Town Square Ventures Lp DT 0.47432839
2. Town Center
Town Square Ventures Lp DT 0.92408130
3. Office Commercial
Cambridge 114 Inc SP2 12.436
4. Office Commercial
Taylor, Earnest E Jr O1 1.499
5. Office Commercial
Rcc Miron Office Ltd SP2 4.763
6. Office Commercial
Z & E Land Llc SP1 1.104
7. Office Commercial
Bruton, Paul R & Doreen SP2 1.022
8. Town Center
Southlake Office Center Ltd DT 1.098
9. Town Center
Town Square Ventures Lp DT 2.273
Case No. Attachment F
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Surrounding Property Owner Responses
Lot 2R, Block 1, Gorbutt Addition
Notices Sent: Nine (9).
Responses Received: Zero (0).
Case No. Attachment G
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-546
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 LOT 2A,
BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 1.463
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “O-1” OFFICE DISTRICT TO “S-P-1” DETAILED
SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT 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 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 “O-1” Office 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
Case No. Attachment H
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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 Lot 2A, Block 1, Gorbutt Addition, situated in the J. Freeman Survey, Abstract
No. 529, and being approximately 1.463 acres, and more fully and completely
described in Exhibit “A” from “O-1” Office District to “S-P-1” Detailed Site Plan District
with “O-1” Office District uses, as depicted on the approved Site Plan attached hereto
and incorporated herein as Exhibit “B”, and subject to the following specific
conditions:
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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 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,
Case No. Attachment H
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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
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
Case No. Attachment H
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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
Case No. Attachment H
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment H
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EXHIBIT “A”
Being Lot 2A, Block 1, Gorbutt Addition, and being approximately 1.463 acres.
*** Space reserved for Metes and Bounds Description ***
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EXHIBIT “B”
SITE PLAN
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ELEVATIONS
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LANDSCAPE PLAN
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PROPOSED “S-P-1” DETAILED SITE PLAN DISTRICT REGULATIONS
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VARIANCE EXHIBIT
DRIVEWAY SPACING
Required: 500 feet
Provided: 480 feet
Required: 500 feet
Provided: 184 feet
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13
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VARIANCE LETTER
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