Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
January 30, 2008
ZA07-124
CASE NO:
Zoning Change and Site Plan for Invitation Park
PROJECT:
REQUEST: Visions Southwest is requesting approval of a zoning change and site plan. The plan
proposes 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 "S-P-1" zoning will follow the "C-3" General
Commercial District with regard to permitted uses and development regulations with
the following inclusions:
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 th laws of the
state of Texas; offices for specialists and supporting health service fields, such as
physical, audio and speech therapy, podiatry, and psychological testing and
counseling; dental, medical, and optical laboratories;
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;
All phases of development shall be similar in design and construction;
Minimum separate building size = 2,000 square feet
Maximum separate building size = 15,000 square feet
Side yard setback = 15 feet
Maximum building height = 37 feet
Parking requirements shall be based on General Office requirements of 1 space
per 300 square feet of office space.
The following variances are being requested:
Driveway stacking – The required minimum driveway stacking for this development
is 150 feet. The applicant is requesting a distance of ±70 feet. (Driveway Ord. No.
634, Section 5.2.d.)
Case No.
ZA07-124
Consider first reading for a zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information (Link to PowerPoint Presentation)
(D) Site Plan Review Summary No. 3, dated January 11, 2008.
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-549
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-124
BACKGROUND INFORMATION
OWNER/APPLICANT: Visions Southwest
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: “AG” Agricultural District
REQUESTED ZONING: “S-P-2” Generalized Site Plan District
HISTORY: The structures on the property were built around 1960 (Source: TAD)
The “C-3” zoning designation was assigned with the adoption of Zoning
Ordinance 480 in 1989.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends Southlake Boulevard to have 130
feet of right-of-way. Adequate right-of-way exists for this road.
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly onto E. 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.
E. Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two-way, center left turn lane.
May, 2006 traffic counts on E. Southlake Blvd (between Byron Nelson &
Carroll Ave)
24hr 21,518)22,913
West Bound (WB) ( East Bound (EB) ()
WB 1,1502,227
Peak A.M. () 11:15 – 12:15 Peak P.M. () 5 – 6
EB 2,0941,609
Peak A.M. () 6:45 – 7:45 Peak P.M. () 3 – 4
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 is proposed in the area of the site.
Case No. Attachment A
ZA07-124 Page 1
Traffic Impact
Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM-
OUT OUT
General Office 92,138 1,014 126 17 23 114
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on E. Southlake Boulevard.
A Traffic Impact Analysis was provided by the applicant and reviewed by the
City Engineer.
PATHWAYS
MASTER PLAN: A minimum 8’ wide mult-use trail is required along E. 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 E. Southlake Boulevard. A
6-inch sanitary sewer line also exists along the north side of E. Southlake
Boulevard.
DRAINAGE ANALYSIS: No comments
TREE PRESERVATION: There are some trees shown to be preserved along the perimeter of the
property. All but two trees in the center of the project are expected to be
removed. Given that this is an S-P-1 zoning request, the tree conservation
plan is subject to City Council approval.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The land use designation is Office Commercial and the proposed development
is consistent with this designation.
P&Z ACTION: January 17, 2008; Approved (6-1) subject to Site Plan Review Summary No.
3, dated January 11, 2008, approving the requested driveway stacking
variance, and subject to the following:
The north driveway onto F.M. 1709 will be closed upon the completion
of the north-south road to the immediate east of the site;
Case No. Attachment A
ZA07-124 Page 2
The 12 parking spaces along the eastern driveway will be removed upon
the completion of the north-south road to the immediate east of the site;
Acknowledging the preservation of the access easement to the AG
zoned property to the south;
Accommodating the round-about (at the intersection of Rucker Road
and the proposed north-south road to the east of the site);
And, the applicant will work with staff on urban design elements,
including the clock tower.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 11, 2008.
N:\Community Development\MEMO\2007cases\07-124ZSCP.doc
Case No. Attachment A
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Case No. Attachment B
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LINK TO POWER POINT PRESENTATION
Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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SITE PLAN REVIEW SUMMARY
ZA07-124Three1/11/08
Case No.: Review No.: Date of Review:
Zoning & Site Plan for Invitation Park
Project Name:
APPLICANT: ARCHITECT:
Vision Southwest Mayse & Associates
Phone: Phone:
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 12/31/07 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 DENNIS KILLOUGH AT (817) 748-8072 OR CLAYTON
COMSTOCK AT (817) 748-8629.
1. The following changes are needed regarding the proposed S-P-1 zoning regulations:
a. Verify that the intended building setback from the south ROW of Zena Rucker Rd.
is 125 feet. It is show as 60 feet from the north line and the road is only 60 feet in
width.
b. Insure that the maximum and minimum floor areas in the regulations can be
accommodated. This may preclude combinations of units. Label the unit floor
areas on the plan.
2. Label adjacent properties and properties across adjoining R.O.W.'s with owner's name,
existing zoning, and land use map designation ("L.U.D.=_____")
3. The following changes are needed regarding driveways:
a. Label the width and stacking depth from connecting R.O.W. (See Driveway Ord.
634 § 5 for design criteria). The proposed driveway(s) do not meet the minimum
(variance is requested)
150’ stacking depth.
b. Show and label common access easement along the main driveways with
driveway stubs into the west boundary from far north driveway and into the south
boundary.
4. The following changes are needed regarding building elevations:
Case No. Attachment D
ZA07-124 Page 1
a. Confirm that the stucco to be used is true cement stucco. Synthetic stucco as a
primary masonry material (more than a combined 20% with any other non-
masonry material on any façade) is not permitted.
5. Ensure that the placement of Zena Rucker Rd. can be accommodated through the
adjoining tracts and at its east and west terminus.
* A revised site plan must be approved prior to issuance of a building permit for buildings
in Phase 2 which do not have elevations.
* Please be aware that a minimum 5’ sidewalk is required adjacent to all streets where a
trail is not planned
* All development must comply with the City’s Drainage Ordinance No. 605 and detain
all post development run-off
.
* 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.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs. Please be aware that the sign exhibit
provided does not comply with current sign regulations.
* 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 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 D
ZA07-124 Page 2
Surrounding Property Owners
Invitation Park
SPO Owner Zoning Land Use Acreage
#
1. Medium Density Residential
Southlake-Foxborough Ltd SF20A 1.314
2. Medium Density Residential
Kiani, Hamid Etux Rashin SF20A 0.636
3. Office Commercial
East Southlake #1 Ltd SP1 1.874
4. Office Commercial
Medium Density Residential
Mendez Ltd AG 7.998
5. Office Commercial
Vision SW Silverlake Llc C3 0.551
6. Office Commercial
Vision SW Silverlake Llc C3 2.819
7. Office Commercial
Rucker, William W Est & Zena AG 6.7
8. Office Commercial
Medium Density Residential
Vision SW Silverlake Llc AG 4.215
9. Medium Density Residential
Rucker, William Est & Zena Tr AG 4.235
10. Office Commercial
Medium Density Residential
Rcp Southlake Blvd #2, Ltd AG 16.34
Case No. Attachment E
ZA07-124 Page 1
Surrounding Property Owner Responses
Invitation Park
Notices Sent: Ten (10).
Responses Received: One (1).
William & Zena Rucker (SPO #7 & 9),
Notification Response
650 S Carroll Ave., submitted a
Undecided
Form
stating on January 17, 2008 (see attached).
Case No. Attachment F
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-549
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 “C-3” GENERAL COMMERCIAL DISTRICT AND
“AG” AGRICULTURAL 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,“C-3” general
the hereinafter described property is currently zoned as
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commercial district and “AG” agricultural district
under the City’s Comprehensive Zoning
Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered 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
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necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
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:
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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 and completely
described in exhibit “A” from “C-3” general commercial district and “AG” agricultural
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 complete hearing with reasonable
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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 court or
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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 ___________, 2008.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
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________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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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:
(reserved for metes and bounds)
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EXHIBIT “B”
“S-P-1” Letter
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Site Plan
(Insert Approved Site Plan Here)
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Building Elevations
(Insert Approved Elevations Here)
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(Insert Approved supporting documents & renderings here)
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