Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
March 12, 2008
ZA07-129
CASE NO:
Zoning Change and Site Plan for Southlake Villa Offices
PROJECT:
REQUEST: On behalf of Robert Stevenson, Enrichment Enterprises is requesting
approval of a zoning change and site plan from “AG” Agricultural District to “S-
P-1” Detailed Site Plan District with “O-1” Office District uses. The original
plan proposed the development of three (3) general office buildings on a lot of
approximately 2.89 acres. The plan has since been revised and now
proposes (4) general office buildings.
The “S-P-1” zoning will follow the uses and regulations of the “O-1” Office
District permitted uses and development regulations with the following
exceptions:
All fencing and required bufferyards shall be installed prior to the
occupancy of the first building completed;
Covered parking shall be a permitted as an accessory use with the
following regulations:
15 covered parking spaces shall be permitted as shown on the site
o
plan and elevations;
The entire 24’ driveway loop shall be constructed and meet City approval
prior to occupancy of the first building completed;
Buildings on Lots 2, 3 and 4 will not exceed one story;
All buildings shall be stone masonry, barrel tile roof, cedar trim and shall
be equal in materials and quality of construction;
The water retention feature in the southwest corner of the site shall be
constructed, operational and meet City approval prior to occupancy of the
first building completed.
Bufferyards shall not be required for interior lot boundaries, but shall be
required as shown on the attached site plan and landscape plan;
Building setback lines/minimum yard requirements shall be in accordance
with the attached site plan as presented;
Impervious lot coverage shall be as shown on the attached site plan as
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presented;
The following variances are being requested:
Driveway stacking: A stacking depth of 75 feet is required for the proposed
driveway on E. Southlake Boulevard. The applicant is requesting a
stacking depth of ±40 feet. (Driveway Ord. No. 634, Section 5.2.d)
Lot Frontage: Four lots are proposed, two of which shall front on a
common access driveway;
This item appeared before City Council for first reading on December 18,
2007. Mayor Wambsganss stated that based on consultation with the city
attorney and citizen comments tonight that it is in everyone's best interest for
Council to remand this item back to P&Z for consideration without any City
Council involvement at that time. A motion was made and approved by the
City Council (6-0) to remand this case back to the Planning and Zoning
Commission.
The Planning and Zoning Commission recommended approval (6-0) on
January 3, 2008; subject to Site Plan Review Summary No. 3, dated
December 12, 2007; clarifying the applicant’s willingness to plant at least 4”
caliper canopy trees on the northeast corner of the property to assist in the
buffer; construct an 8’ masonry fence on the northern boundary; refurbish the
existing fencing on the east and west sides by replacing wood along the
masonry base between columns; and, granting the requested variance for
driveway stacking.
Following comments from residents and City Council members on January 15,
2008, the applicant tabled the item in order to redesign the plan to locate the
two story building further from the residential properties. The more significant
plan changes are as follows:
The two story building has been reduced from a ±25,000 square feet
building to ±12,000 square feet building and was moved to the south
approximately 160 feet. Originally, the two story portion of building was
within ±110 feet of a residential property line. The new plan places the two
story building ±170 feet from the nearest residential property line.
The total floor area of all buildings has been reduced from ±34,000 square
feet to ±29,000 square feet.
The impervious coverage has been reduced from 65% to 61%.
The last plan presented showed total of two detached building pad sites
with the eastern pad having a partial two story building. The new plan
proposes four detached building pad sites with one two story building
adjacent to E. Southlake Boulevard and three one story buildings.
The City Council approved the first reading on March 4, 2008 and requested that the applicant
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nd
provide the following items for the 2 reading:
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Item Comments
1. Fill in all existing fences on the east and Applicant has labeled on the site plan and noted
west sides with capped cedar with the in the regulations that it will be installed with the
owners’ approval and will maintain the fence; first building.
2. Install an 8’ tall panel fence on the north Applicant has labeled on the site plan and noted
side; in the regulations that it will be installed with the
first building
3. Install the detention pond feature identified The applicant has agreed and included this
on the site plan in with the construction of regulation in their letter.
building 1;
4. Approving 12 covered parking spaces for the The plan now shows 15 covered spaces along
entire site; the east boundary.
5. Future buildings must be of similar material The applicant has agreed and included this
and design as shown for building 1; regulation in their letter.
6. Buildings 2 through 4 may not exceed one The applicant has agreed and included this
story; regulation in their letter.
7. Build the entire drive structure as shown on The applicant has agreed and included this
the site plans with the construction of regulation in their letter.
building 1 noting this will not include the
parking contemplated for the other buildings;
8. All perimeter landscaping to be installed in The applicant has agreed and included this
connection with the construction of building regulation in their letter.
1.
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
Site Plan Review Summary No. 6, dated March 12, 2008
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Meeting Summary Report
(H) Ordinance No. 480-542
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-129
BACKGROUND INFORMATION
OWNER: Robert Stevenson
APPLICANT: Enrichment Enterprises
PROPERTY SITUATION: 310 E. Southlake Boulevard
LEGAL DESCRIPTION: Tract 3, W.W. Hall Survey, Abstract No. 687
LAND USE CATEGORY: Office Commercial and Low Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: There is no development history on this property. The property is
vacant.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
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 right-in/right-out drive. No
other access is proposed to the site.
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 & White Chapel)
24hr 21,51822,913
West Bound (WB) () East Bound (EB) ()
WB 1,1502,227
Peak A.M. () Peak P.M. () 5 – 6
11:15 – 12:15
a.m.
p.m.
EB 2,0941,609
Peak A.M. () Peak P.M. () 3 – 4
6:45 – 7:45
a.m.
p.m.
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ZA07-129 Page 1
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
General Office 34,002 374 47 6 9 42
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on E. Southlake Boulevard.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan shows an 8-foot multi-use trail
proposed on the north side of E. Southlake Boulevard. The trail is
shown on the site plan.
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: Drainage from this development will be to the proposed detention area
at the southwest corner of the site.
TREE PRESERVATION: The existing tree canopy cover calculations show that approximately
15% of the site is covered with tree canopy and that approximately
60% of the total tree canopy cover is proposed to be preserved. For
properties proposing S-P-1 zoning, tree preservation is subject to City
Council approval.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The underlying designation is predominantly Office Commercial, with
Low Density Residential along the northern property line. The
proposed development is consistent with the Office Commercial
designation.
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Southlake Blvd.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan
Recommendations
An 8 foot trail is required along Southlake Boulevard. The sidewalk is
shown on the plan.
P&Z ACTION: November 8, 2007; Approved to table until the December 6, 2007 P&Z
Commission meeting.
December 6, 2007; Approved (7-0) subject to Site Plan Review
Summary No. 2, dated November 2, 2007; approving the driveway
stacking variance; removing the parking spaces as identified by the
applicant; requiring a 40’ tree well between buildings 2 & 3 as identified
by the applicant; changing the windows on the building as identified by
the applicant; requiring a retention & waterfall feature in the southwest
corner; requiring the use of bollard lights and security lighting on the
site; requiring that the architecture for all buildings be consistent with
the first building; and requiring additional oak trees in the northeast
corner.
January 3, 2008; Approved (6-0), subject to Site Plan Review Summary
No. 3, dated December 12, 2007; clarifying the applicant’s willingness
to plant at least 4” caliper canopy trees on the northeast corner of the
property to assist in the buffer; construct an 8’ masonry fence on the
northern boundary; refurbish the existing fencing on the east and west
sides by replacing wood along the masonry base between columns;
and, granting the requested variance for driveway stacking.
CITY COUNCIL ACTION: December 18, 2007; Mayor Wambsganss stated that based on
consultation with the city attorney and citizen comments tonight that it
is in everyone's best interest for Council to remand this item back to
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P&Z for consideration without Council involvement at that time. The
City Council approved a motion to remand this case back to the
Planning and Zoning Commission (6-0).
January 15, 2008; Approved to table first reading until February 5,
2008.
February 5, 2008; Approved to table first reading until February 19,
2008.
February 19, 2008; Approved to table first reading until March 4, 2008.
March 4, 2008; Approved first reading (5-0) subject to the following:
stating that the applicant will fill in all existing fences on the east and
west sides with capped cedar with the owners’ approval and will
maintain the fence; requiring the applicant will install an 8’ tall panel
fence on the north side; the applicant will install the detention pond
identified on the site plan in connection with the construction of
building 1; approving 12 covered parking spaces for the entire site;
future buildings must be of similar material and design as shown for
building 1; subject to the colored landscape plans as submitted this
evening; buildings 2 through 4 may not exceed one story; requiring
applicant to build the entire drive structure as shown on the site plans
in connection with the construction of building 1 noting this will not
include the parking contemplated for the other buildings; requiring
applicant to work with the neighbors on the fence considerations
discussed tonight prior to second reading; requiring all perimeter
landscaping to be installed in connection with the construction of
building 1 and further granting the driveway stacking variance outlined
in the proposal; and subject to Site Plan Review Summary No. 5, dated
February 27, 2008.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 6, dated March 12, 2008.
N:\Community Development\MEMO\2007cases\07-129ZSP.doc
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Site Plan received 03/10/2008
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Site Plan Received 02/27/2008, presented to City Council on March 4, 2007
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Elevations Plan 03/10/2008
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Tree Conservation 03/10/2008
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Landscape Plan 03/10/2008
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Landscape Plan Rendering 03/10/2008
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Previously Submitted Site Plan 12/11/2007
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Previously Submitted Elevations 12/11/2007
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Previously Submitted Tree Conservation Plan 10/1/2007
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Previously Submitted Landscape Plan 10/1/2007
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SITE PLAN REVIEW SUMMARY
ZA07-129Six3/10/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Southlake Villa Offices
APPLICANT: Enrichment Enterprise, LLC OWNER:
Tom LaHoda / Ed Coffey Robert L. Stevenson
630 E. Southlake Blvd, Suite 110 2113 Taxco Dr
Southlake, TX 76092 Carrollton, TX 75006
Phone: (817) 416-4868 Phone: (214) 350-8863
Fax: (817) 416-4869 Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/10/08 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072.
1. The following changes are needed regarding development regulations:
a. Add a regulation to address the bufferyard plantings along the east boundary and
interior lot lines as shown on the landscape plan.
b. The site plan shows a 10% reduction is requested. However, it does not appear that
a reduction is needed and the regulation is not included in the S-P-1 letter. Clarify
the intent.
c. Update the S-P-1 zoning regulations to address the setbacks, impervious coverage
per lot, etc.
2. The following changes are needed with regard to the ingress/egress and driveway(s):
a. A minimum stacking depth of 75 feet is required. . Staff measures a stacking depth
(A variance is requested.)
to be ±40 feet only for this site.
b. The plan shows four lots, two of which do not front on a street. All lots must front a
A variance is requested to
street in accordance with the subdivision ordinance.
allow frontage on a common access easement built to street standards. If
approved, staff recommends that the driveway be constructed to meet the
structural requirements of a street and the minimum requirements of the City’s
Fire Code for emergency access. Additionally, a reciprocal parking, access
and maintenance agreement needs be filed of record. The agreements will also
need to address joint use and maintenance of the trash enclosure.
c. The proposed R. in/R. out traffic control island must be constructed in accordance
with the driveway ordinance and TXDOT design standards.
3. The following labeling corrections are needed:
a. Provide dimensions from the buildings to all lot boundaries. Also provide lot
boundary dimensions and bearings.
Case No. Attachment D
ZA07-129 Page 1
b. Remove the “Proposed Building #1 7,440 SF” label in the vicinity of E. Southlake
Boulevard.
c. Correct the building height “shown” for buildings 2-4. These elevations have not
been provided. Please be aware that any building greater than 1 story or 20 feet in
height (as defined in the zoning ordinance) must meet the 4:1 slope setback per res.
adjacency standards.
INFORMATIONAL COMMENT
*
Approval of a revised site plan will be required prior to issuance of a building permit for
buildings/lots no. 2, 3 and 4.
* 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.
Drainage Ordinance No. 605 and detain all
* All development must comply with the City’s
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 proposed driveway is subject to TxDOT approval and issuance of a permit.
* 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.
Public Works – Engineering
GENERAL COMMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall
be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement
is required if both storm sewer and sanitary sewer will be located within the easement.
* Sight distances will be required to conform to AASHTO guidelines on adjacent collectors
and arterials.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
1. The minimum size for water lines is 8”.
Case No. Attachment D
ZA07-129 Page 2
2. For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear
feet apart, or 600 linear feet if buildings are sprinklered. The fire line may need to be
separate from the service lines.
* Connection to the existing manhole at the proposed driveway location shall be by coring –
no break outs allowed. Integrity of manhole will need to be considered when removing
existing service and connecting new service.
* The water meters must be located in an easement or in the ROW. Service lines shall be the
same size as the meters. Only 1”, 2”, and 4” meters allowed – no ½ size meters.
DRAINAGE COMMENTS:
1. The preliminary drainage plan shows a detention area along the east property line. Is it
proposed as an underground facility? Or is ponding proposed in the parking lot? Detention
within the parking area is limited to 1’ of depth, per Drainage Ordinance No. 605. Provide
clarification. All detention areas shall be within a dedicated drainage easement.
2. How will the area around Building #2 get to the detention area at the southwest corner of the
site? Preliminary grading indicates that the area from the two drives on either side of
Building #2 will drain directly onto Southlake Blvd.
* The difference between pre and post development runoff shall be captured in the detention
area(s). The proposed detention area(s) shall control the discharge of the 5, 10 and 100
year storm events. Access easements are needed for maintenance of the detention area(s).
* Verify that the size, shape, and/or location of the detention area(s), as depicted on the
site/concept/development plan, will be adequate to meet the detention requirements. Any
changes to the size, shape, and/or location of the proposed pond(s) may require a revision
to the concept/site/development plan and may need to be approved by the Planning and
Zoning Commission and the City Council.
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction.
* The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist directly to the Public Works Administration Department
for review. The plans shall conform to the most recent construction plan checklist,
standard details and general notes which are located on the City’s website.
* An access permit from TxDOT is required prior to construction of a driveway on FM
1709, FM 1938 or SH 114. Submit application and plans directly to TxDOT for review.
* A ROW permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be
approved by the City Council prior to any construction of public infrastructure.
Construction plans for these improvements must be acceptable to Public Works prior
to placing the Developer’s Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the
Case No. Attachment D
ZA07-129 Page 3
review of construction plans.
*=Denotes informational comment.
Landscape Administrator
TREE CONSERVATION COMMENTS:
1. The existing tree canopy cover calculations show that approximately 21% of the site is
covered with tree canopy and that approximately 60% of the total tree canopy cover is
proposed to be preserved. For properties proposing S-P-1 zoning, tree preservation
requirements are subject to City Council approval.
2. Some of the existing trees are proposed to be preserved within parking lot landscape
islands. For existing trees the minimum width of the landscape island shall be as follows:
Tree Size Min. Island Width Min. Dist. Tree to Curb
6" - 12" DBH = 12' minimum width 4’
Greater than 12" DBH = 18' minimum width 8’
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases and
construction of the development. Alteration or removal of any of the existing trees shown to
be preserved on the approved Tree Conservation Plan is a violation of the Tree
Preservation Ordinance and the zoning as approved by the Southlake City Council. Please
ensure that the layout of all structures, easements, utilities, structures grading, and any
other structure proposed to be constructed do not conflict with existing trees intended to be
preserved.
LANDSCAPE:
1. Existing tree credits are proposed to be taken for the preservation of existing trees. Existing
tree credits shall only be granted if the tree/s are in healthy condition and all requirements of
the Tree Preservation Ordinance have been met as determined by the Landscape
Administrator at the time of inspection for a Permanent Certificate of Occupancy.
2. Fifty percent (50%) of the canopy trees planted on the site must measure a minimum of 2”
caliper and fifty percent (50%) 4” caliper. This requirement is the interior landscape area as
well as the required bufferyard areas. Please correct the proposed canopy tree caliper size
to meet the 50% 2” caliper – 50% 4” caliper requirement.
3. All accent trees are required to be a minimum of 6’ in-height when planted. Please correct
the proposed accent tree height size to meet the minimum 6’ height requirement.
Southlake 2025 Comprehensive Plan
Case No. Attachment D
ZA07-129 Page 4
Consolidated Land Use Plan Recommendations
The underlying designation is predominantly Office Commercial, with Low Density Residential
along the northern property line. The proposed development is consistent with the Office
Commercial designation.
Southlake Blvd.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations
An 8 foot trail is required along Southlake Boulevard. The sidewalk is shown on the plan.
Case No. Attachment D
ZA07-129 Page 5
Surrounding Property Owners
Southlake Villa Offices
SPO #
Owner Zoning Land Use Acreage
Office Commercial
1.
Providence Bancshares Corp SP2 1.052
Office Commercial
2.
Providence Bancshares Corp SP2 0.995
Office Commercial
3.
Guaranty Bank SP2 0.713
Office Commercial
4.
Star Real Estate Company SP2 0.977
Office Commercial
5.
Southlake Imaging Llc SP1 1.283
Office Commercial
6.
Holt Dental Care C2 1.126
Office Commercial
7.
Southlake Sleep Lp C2 1.151
Low Density Residential
8.
Mellinger, James J Etux Sara J SF1-A 1.095
Low Density Residential
9.
Cusack, Shelli R Etvir John SF1-A 1.19
Low Density Residential
10.
Miller, Gregory Etux Blair SF1-A 1.061
Low Density Residential
11.
Spinozzi, Michael Etux Yolanda SF1-A 0.968
Low Density Residential
12.
Philip, Isaac J Etux Reni J SF1-A 1.299
Low Density Residential
13.
Mabry, Jay H Etux Jane D SF1-A 1.036
Low Density Residential
14.
Weber, J Todd Etux Patti C SF1-A 1.071
Office Commercial
15.
Stevenson, Robert L AG 3.097
Case No. Attachment E
ZA07-129 Page 1
Surrounding Property Owner Responses
Southlake Villa Offices
Notices Sent: Fifteen (15).
Responses Receive: Eight (8).
Surrounding Property Owners Within 200 Feet in Opposition
Todd & Patti Weber (SPO #14),
823 Pearl Dr., submitted a Notification Response Form in
Opposition
on November 5, 2007 (see attached 3 pages).
Michael & Yolanda Spinozzi (SPO #11),
915 Emerald Blvd., submitted a Notification
Opposition
Response Form in on November 6, 2007 (see attached).
Isaac & Reni Philip (SPO #12),
821 Pearl Dr., submitted a Notification Response Form in
Opposition
on November 6, 2007 (see attached).
James & Sara Mellinger (SPO #8),
919 Emerald Blvd., submitted a Notification Response
Opposition
Form in on November 6, 2007 (see attached).
Gregory & Blair Miller (SPO #10),
7127 Leameadow Dr., submitted a Notification
Opposition
Response Form in on November 8, 2007 (see attached).
Shelli & John Cusack (SPO #9),
917 Emerald Blvd., submitted a Notification Response
Opposition
Form in on November 8, 2007 (see attached).
Surrounding Property Owners Within 200 Feet in Favor
Robert Stevenson (SPO #15),
310 E. Southlake Blvd., submitted a Notification Response
Favor
Form in on November 7, 2007 (see attached).
Surrounding Property Owners Outside 200 Feet
Carrie Schoof, Opposition
804 Pearl Dr., submitted an E-mail in on January 15, 2007 (see
attached 2 pages).
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SPIN MEETING REPORT
CASE NO.
ZA07-129
PROJECT NAME:
Southlake Villa Offices
SPIN DISTRICT:
10
MEETING DATE:
September 24, 2007 – 7:30PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3C & 3D
TOTAL ATTENDANCE:
Eight (8)
SPIN REPRESENTATIVE(S) PRESENT:
Ray Tremain
APPLICANT(S) PRESENTING:
Greg Jones
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
EXECUTIVE SUMMARY
Southlake Villa
About four (4) residents attended the citywide SPIN meeting for the proposed
Offices
on the north side of E. Southlake Blvd between White Chapel Blvd and Diamond Blvd
(entrance to Diamond Circle Estates). This 3-acre property adjacent to Diamond Circle Estates
(north and west) was recently considered for the location of a Calloway’s Nursery. This “O-1”
Zoning Change & Site Plan proposal is for three (3) two-story Tuscan-style general office buildings
totaling approximately 34,000 square feet of floor area.
The development proposes to:
Preserve large oaks on the property and keep existing grade as much as possible;
Provide an adequate bufferyard to the residents in Diamond Circle Estates
Construct Class ‘A’ professional offices in a Tuscan style; using stone and a low profile roof.
Look more residential than commercial
None in attendance verbalized any major objections to the development.
QUESTIONS & DISCUSSION
What is the height of the tower?
QUESTION:
Will the development be phased out? When do you propose beginning construction?
QUESTION:
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 G
ZA07-129 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-542
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 3,
SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND
BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL 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 “AG” Agricultural
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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
necessity for the zoning changes, that the public demands them, that the public interest clearly
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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:
Being Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being
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approximately 2.887 acres, and more fully and completely described in Exhibit “A”
from “AG” Agricultural 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:
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
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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
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
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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 ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
________________________________
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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 Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being approximately 2.887
acres.
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EXHIBIT “B”
“S-P-1” Letter
Southlake Villa Offices
Proposed Permitted Uses and Development Regulations for “S-P-1” Zoning
Reserved for Approved Regulations
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Site Plan
Reserved for Approved Site Plan
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