Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
March 26, 2008
ZA08-002
CASE NO:
Zoning Change and Site Plan for Lot 1, Nolen Retail Center
PROJECT:
REQUEST: Loyalty Holdings is requesting approval of a Zoning Change and Site Plan from “AG”
Agricultural District to “S-P-1” Detailed Site Plan District with “C-2” Local Retail
Commercial District uses and regulations. The plan proposes the development of one
retail building of 12,220 square feet on 1.648 acres at the southwest corner of Nolen
Drive and E. Southlake Boulevard.
The “S-P-1” Zoning District will follow the uses and development regulations of the “C-
2” Local Retail Commercial district with the following exceptions:
Fast Food Restaurants excluded
Tire Sales / Installation excluded
Impervious coverage shall not exceed 71%.
At first reading, the City Council requested that the applicant consider the following:
Council Request Applicant Response
Provide additional landscaping, A revised Landscape Plan has been
landscape clusters, and consider berms submitted, showing all the
along the Southlake Blvd frontage. recommended changes.
Consider color and material variation in Revised elevations have been
the building elevation. provided for Council’s review.
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) Site Plan Review Summary No. 3, dated March 12, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Report
(H) Ordinance No. 480-553
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA08-002
BACKGROUND INFORMATION
OWNER: Loyalty Holdings
APPLICANT: The Dimension Group
PROPERTY SITUATION: 2627 E. Southlake Boulevard
LEGAL DESCRIPTION: A portion of Tract 2A02A, T. Easter Survey, Abstract No. 474
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: AG Agricultural District
REQUESTED ZONING: S-P-1 Detailed Site Plan District with C-2 uses
HISTORY: There is no development history on this property.
Consolidated Land Use Plan Recommendations
COMPREHENSIVE PLAN:
The land use designation is Retail Commercial and the proposed development
is consistent with this designation.
Environmental Resource Protection Recommendations
The Environmental Resource Protection Plan recommends preserving trees to
the maximum extent feasible.
Mobility & Master Thoroughfare Plan Recommendations
Southlake Boulevard is designated as a 130’ State Farm to Market road and is
currently built with 6 travel lanes and a continuous left turn lane. South Nolen
Drive is designated and existing as a 70’ right-way 3 lane undivided arterial
street
The required sidewalks on Southlake Boulevard and Nolen Drive are shown on
the plan.
TRANSPORTATION
ASSESSMENT:
May 2007 traffic counts on E. Southlake Blvd (between SH114 and
Kimball Ave)
24hr 1969720213
West Bound (WB) () East Bound (EB) ()
AM
13602034
() 11:15am –12:15pm () 5:15 – 6:15 am
Peak
PM
16301542
() 7:30 – 8:30pm () 12:30 – 1:30
Peak
May 2007 traffic counts on Nolen Drive (between Southlake Blvd and
Crooked Lane)
24hr 35492114
North Bound (NB) () South Bound (SB) ()
AM
295274
() 11:15am –12:15pm () 7:45 – 8:45 pm
Peak
PM
539252
() 5:00 – 6:00pm () 12:30 – 1:30
Peak
Traffic Impact
Case No. Attachment A
ZA08-002 Page 1
Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM-
OUT OUT
Retail 10,256 438 7 4 18 20
Restaurant w/drive-thru 1,964 942 48 47 33 31
th
*Average Vehicle Trips Per Day – Weekday, ITE Trip Generation Manual 6 Edition
*The AM/PM times represent the average number of vehicle trips generated during the weekday
th
peaks per ITE Trip Generation Manual 6 Edition.
The Traffic Impact Analysis submitted by the applicant has been reviewed by
our traffic engineering consultant. His review and findings are that a
northbound left turn lane on Nolen is not necessary, but that right turn lanes for
the existing driveway on Southlake Boulevard and the proposed driveway on
Nolen Drive should be considered. The existing driveway on Southlake
Boulevard is constructed to allow traffic to exit the street with limited disruption
to the traffic flow and the standard requirement for a right turn lane may be
disregarded. The right turn lane for the proposed driveway is not generally
required on low volume arterial streets Nolen Drive.
DRAINAGE ANALYSIS: Drainage from this site will be directed to the proposed detention structure
under the parking lot.
TREE PRESERVATION: Where existing post oaks or other sensitive trees are shown to be preserved
or marginal, installation of berms, irrigation systems and any other activities
that would disrupt the critical root zone should be avoided or kept to a
minimum. The following issues have been identified in review of the
Landscape Plan of March 11:
1. The actual critical-root-zone area of the existing trees extends further
than what is depicted on the plan;
2. The placement of fill soil or grade changes within the critical-root-zone
area of the trees in the north bufferyard could potentially effect the
survivability of the trees intended to be preserved;
3. The placement of fill soil or grade changes within the north bufferyard
might cause the diversion of drainage that could effect the survivability
of tree intended to be preserved;
4. The existing trees would not be fully protected throughout the duration of
the development’s construction because the tree protection would need
to be removed to construct the berms and mechanical equipment would
need to encroach into the trees critical root zone areas
5. The installation of irrigation shall conform to the requirements of the
Tree Preservation Ordinance. Irrigation lines shall be placed outside of
the critical root zone, except the minimum number of single head supply
lines required to irrigate within the critical root zone. Any such irrigation
line shall be installed along a horizontal line that bisects the tree trunk, in
a manner that has the least possible encroachment into the critical root
zone, and that extends no further into the critical root zone as is
necessary to provide proper irrigation.
Some of the existing trees are proposed to be preserved within parking lot
islands and adjacent to curbs of the parking lot and access drive. The
minimum width for these medians and distance the curb must be enough away
from the trees as to not harm the existing root system. Utilities and landscape
islands should be adjusted where possible to avoid conflicts with existing trees
and further insure preservation.
P&Z ACTION: February 21, 2008; Approved (6-0) subject to:
Case No. Attachment A
ZA08-002 Page 2
1. Site Plan Review Summary No. 2, dated February 15, 2008;
2. Designating the two parking spaces next to the ordering station as
loading only;
3. Subject to a revised TIA plan for further review by the city engineers;
4. Noting applicant’s willingness to work with the landscape administrator
to further preserve any trees along the front parking area.
COUNCIL ACTION: March 4, 2008, Approved first reading (6-0), specifically granting the driveway
stacking variance; requiring the applicant to add additional plantings in the
front; accepting the applicant’s agreement to do additional work on building
facades; and subject to Site Plan Review Summary No. 2, dated February 15,
2008.
March 18, 2008; Approved to table second reading until April 1, 2008.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 12, 2008.
N:\Community Development\MEMO\2008cases\002 - ZSP - Nolen Center\Staff Reports\08-002ZSP.doc
Case No. Attachment A
ZA08-002 Page 3
Case No. Attachment B
ZA08-002 Page 1
LINK TO POWERPOINT PRESENTATION FOR THIS ITEM
Case No. Attachment C
ZA08-002 Page 1
SITE PLAN
Case No. Attachment C
ZA08-002 Page 2
ELEVATIONS
Case No. Attachment C
ZA08-002 Page 3
SITE PLAN REVIEW SUMMARY
ZA08-002Three3/12/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Nolen Center
APPLICANT: ARCHITECT:
Huff Partners – Dusty Renfro The Dimension Group – Kevin Patel, PE
301 Commerce St.; Suite 1750 10755 Sandhill Rd
Fort Worth, TX 76102 Dallas, TX 75238
P: (817)259-3525 P: (214)343-9400
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/14/08 and 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 CLAYTON
COMSTOCK AT (817) 748-8269.
1. The following comments are in regard to proposed “S-P-1” zoning district regulations:
a. “C-2” District requires max. 70% impervious coverage. Create an “S-P-1”
regulation increasing this to match the proposed site plan
2. Although not yet required by ordinance, City Council has requested that all Landscape
Plans be in color to help in plant identification. Staff recommends providing a colored
nd
landscape plan by 2 reading at City Council.
* It is recommended that the development of this site be coordinated with the site to the south
* 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.
* 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.
65 or 75
* It appears that this property lies within the LDN D/FW Regional Airport Overlay
Zone and will require construction standards that meet requirements of the Airport
Compatible Land Use Zoning Ordinance No. 479.
* 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
Case No. Attachment D
ZA08-002 Page 1
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.
* Please be aware that any change of tenant/owners with a request for a new C.O. will
require that all parking areas meet the "all weather surface" requirement in the zoning
ordinance and all fire lanes shall be per the Fire Department's requirements.
* Denotes Informational Comment
LANDSCAPE ADMINISTRATOR – KEITH MARTIN
(817)748-8229 | kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* The Tree Conservation Plan shows that 95% of the site has existing tree canopy cover and 47% of it
is proposed to be preserved. If the trees that are shown as marginal are being counted in the
remaining canopy cover calculation are removed than the plan would not meet the 47% of remaining
existing tree canopy cover. Some of the trees that are shown as marginal and within parking lot
landscape islands would realistically not be able to be preserved. Due to the grade changes for the
construction of the parking lot and their adjacency to curbs and impervious cover.
A Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with
the percentage requirements established by Table 2.0 within the Tree Preservation Ordinance.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as
approved by City Council.
1. Please ensure that the landscape medians where trees are proposed to be preserved are wide
enough to accommodate adequate root system to preserve the trees, and that the trees are far
enough away from the edge of curbs.
Existing Trees: Variations to the planter island requirements may be approved in order to preserve
existing trees in interior parking areas. For existing trees the minimum width of the planter 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’
Case No. Attachment D
ZA08-002 Page 2
2. There are lights proposed within the parking medians where existing trees are proposed to be
preserved. In order to install the proposed lights, excavation for both the light pole bollard foundations
and electricity would have to occur, which would most definitely alter the trees. Please reconfigure the
proposed development lighting so that the existing trees proposed to be preserved are not affected.
3. There is an access drive proposed in the southeast corner of the development and it seems to cut
directly through a group of existing trees. Please show the location of these trees on the Tree
Conservation Plan and show if the trees would be removed or preserved.
* 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 SUMMARY CHARTS:
1. Please provide the Interior Landscape and Bufferyards Summary Charts on the Site Plan.
LANDSCAPE PLAN:
2. The plant material calculations in both the Bufferyards and Interior Landscape Summary Charts are
incorrect. Please provide the correct “Required” and “Provided” bufferyard types and calculations
within the landscape summary charts.
3. Where existing post oaks or other sensitive trees are shown to be preserved, installation of berms,
irrigation systems and any other activities that would disrupt the critical root zone should be avoided or
kept to a minimum. The following issues have been identified in review of the Landscape Plan:
a. The actual critical-root-zone area of the existing trees extends further than what is depicted
on the plan
b. The placement of fill soil or grade changes within the critical-root-zone area of the trees in
the north bufferyard could potentially effect the survivability of the trees intended to be
preserved
c. The placement of fill soil or grade changes within the north bufferyard might cause the
diversion of drainage that could effect the survivability of tree intended to be preserved
d. The existing trees would not be fully protected throughout the duration of the
development’s construction because the tree protection would need to be removed to
construct the berms and mechanical equipment would need to encroach into the trees
critical root zone areas
e. The installation of irrigation shall conform to the requirements of the Tree Preservation
Ordinance. Irrigation lines shall be placed outside of the critical root zone, except the
minimum number of single head supply lines required to irrigate within the critical root
zone. Any such irrigation line shall be installed along a horizontal line that bisects the tree
trunk, in a manner that has the least possible encroachment into the critical root zone, and
that extends no further into the critical root zone as is necessary to provide proper
irrigation.
Case No. Attachment D
ZA08-002 Page 3
CIVIL ENGINEER – CHERYL TAYLOR, PE
(817)748-8100 | ctaylor@ci.southlake.tx.us
GENERAL COMMENTS:
1. Provide all necessary easements for water, sanitary and storm sewers. Drainage easements shall be
15’ minimum and located on one lot – not centered on the property line. Proposed easements must
be dedicated by plat. Detention area shall be labeled as drainage easement.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
* There is an existing 12” water line on the south side of FM 1709 and an existing 12” water line on the
east side of Nolen to serve this development.
* The nearest sanitary sewer is an 8” sewer line that is located on the east side of Nolen and will need
to be extended to serve this development.
DRAINAGE COMMENTS:
1. Verify that the size, shape, and/or location of the detention facility, as depicted on the concept 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 plan and may need to be approved by
the Planning and Zoning Commission and the City Council.
* The drainage from this development is generally to the east to the proposed storm sewer and
underground detention facility which outfalls into the existing storm sewer system in S. Nolen Drive.
* 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 to Public Works Administration. Ensure that plans conform to
the most recent construction plan checklist, standard details and general notes which are
located on the City’s website under Public Works~Engineering Design Standards.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* A Developer’s Agreement may be required for this development and must be approved by the
City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be approved by 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 review of
construction plans.
*=Denotes informational comment.
Case No. Attachment D
ZA08-002 Page 4
Surrounding Property Owners
Nolen Center
SPO Owner Zoning Land Use Acreage
#
1. Regional Retail
Wyndham Properties Ltd SP2 0.976
2. Regional Retail
Wyndham Properties Ltd SP2 0.792
3. Regional Retail
Wyndham Properties Ltd SP2 1.997
4. Retail Commercial
Sterling Properties Jv C2 1.973
5. Retail Commercial
Park Monticello Ltd C2 0.548
6. Retail Commercial
Shafer Plaza Xxv Ltd SP2 5.755
7. Retail Commercial
Shanklin, Harold Est & Richard AG 5.916
Case No. Attachment E
ZA08-002 Page 1
Surrounding Property Owner Responses
Nolen Center
Notices Sent: Seven (7).
Responses Received: Three (3):
Richard Shanklin, 3505 Windsor Court, Colleyville, TX – in favor (2-15-08, see attached)
Wallace E. Downey, Downey Publishing, 2545 E. Southlake Blvd., Southlake, TX – in favor (2-21-
08, see attached)
Roger, Richard, and Ronald Williams submitted a letter regarding the ROW dedication for the
Village Center Drive extension on February 21, 2008 (see attached).
Case No. Attachment F
ZA08-002 Page 1
Case No. Attachment F
ZA08-002 Page 2
Case No. Attachment F
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Case No. Attachment F
ZA08-002 Page 3
SPIN MEETING REPORT
CASE NO.
ZA08-002
PROJECT NAME:
Nolen Center
SPIN DISTRICT:
7
MEETING DATE:
Monday, February 11, 2007 at 7:30PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Approximately nine (9)
SPIN REPRESENTATIVE(S) PRESENT:
Eric Wang (7), Michael Terry (13)
APPLICANT(S) PRESENTING:
Dusty Renfro, Kevin Patel
STAFF PRESENT:
Planner Richard Schell
STAFF CONTACT:
Richard Schell, (817) 748-8602; rschell@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Location
Southwest corner of Southlake Blvd (F.M. 1709) and Nolen Drive.
Adjacent to Georgetown Park (west) and Shafer Plaza (east) across Nolen Drive.
Development Details
Proposing S-P-1 zoning with “C-2” Local Retail Commercial District uses
One 11,876 square-foot single-story spec retail building on 1.648 acres
This is the third submittal of the project. The first submittal included a bank with a
drive-through. The second submittal included an Arby’s and a Starbucks. Those
submittals were after scrapped after receiving input from City Council and
Planning and Zoning members discouraging those uses. The developers are
currently in talks with a coffee shop and a non-fast food restaurant. There will be
one drive-through lane for the coffee shop if they end up leasing space.
Extra parking islands are provided along the spaces closest to Southlake Blvd. to
save as many trees as possible. The mature trees are important to the look and
feel of the development.
There will be underground detention of storm water.
QUESTIONS & DISCUSSION
Why not bring the building forward to the street and move the parking to
QUESTION:
the rear?
There is an easement already on the plat that allows the drive to match up
RESPONSE:
with the Georgetown Park Drive.
In order to maintain the 50’ building setback and the required fire lane in front
Case No. Attachment G
ZA08-002 Page 1
of the building, the size of the bufferyard containing the mature trees would
have to be reduced. More trees would have to be removed.
The proposed setback is in line with the setback of the nearest Georgetown
Park building to the west.
A pitched roof would look good. It would be good to match the look of the
COMMENT:
Georgetown Park buildings.
The best looking Georgetown Park buildings are not the ones along
DISCUSSION:
Southlake Boulevard.
A pitched roof goes against design ideas. The design was chosen to match
RESPONSE:
the Central Market center (The Shops at Southlake) and Southlake Town
Square.
There should also be vertical articulation on the rear (south side) of the
COMMENT:
project since it will be visible to the street (Village Center) proposed to be
extended to Nolen.
Articulation would be a good idea.
RESPONSE:
Awnings help the appearance on buildings like these.
COMMENT:
Some are already included.
RESPONSE:
How tall is it?
QUESTION:
Twenty feet. The highest point is thirty-three feet.
RESPONSE:
Is it all brick?
QUESTION:
Yes, with some capstone and other trim.
RESPONSE:
Invitation Park is a good project to look at for design ideas.
COMMENT:
It will be hidden by trees similar to The Woodlands north of Houston.
RESPONSE:
How high is it compared to Georgetown Park?
QUESTION:
It is higher than Georgetown Park.
RESPONSE:
It could use more drastic height differential (articulation) in the front.
COMMENT:
It can’t be sticking above the trees along the street.
RESPONSE:
Will parking hurt the trees?
QUESTION:
Grasscrete will be used to protect marginal trees in parking islands along
RESPONSE:
Southlake Boulevard.
CVS at White Chapel has a permeable surface and it looks unkept.
COMMENT:
We can use articulating blocks. The trees are important to the feel of the
RESPONSE:
project and every effort will be taken to save them.
Are you overparked? If so, you can get rid of the row of parking spaces
QUESTION:
closest to Southlake Boulevard.
The required parking is 61 spaces and we are providing 79 spaces. However,
RESPONSE:
if a restaurant leases space, they will need all 79 spaces.
Have you received input from City staff?
QUESTION:
Case No. Attachment G
ZA08-002 Page 2
We have asked Planning and Zoning and City Council members for input.
RESPONSE:
Is it Starbucks you are talking to?
QUESTION:
Yes, and other similar coffee shops.
RESPONSE:
The coffee shop is on the right side of the road. People are driving in that
COMMENT:
direction on the way to work.
Invitation Park is articulated front and rear. Two new developments are
COMMENT:
Italian-like.
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
ZA08-002 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-553
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 A
PORTION OF TRACT 2A02A, SITUATED IN THE T. EASTER
SURVEY, ABSTRACT NO. 474, AND BEING APPROXIMATELY 1.648
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1”
DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL
COMMERCIAL 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
Case No. Attachment H
ZA08-002 Page 1
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
Case No. Attachment H
ZA08-002 Page 2
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 situated in the, and
a portion of Tract 2A02A, T. Easter Survey, Abstract No. 474
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being approximately 1.648 acres, and more fully and completely described in Exhibit
“A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “C-2”
Local Retail Commercial 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
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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
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
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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 4th day of March, 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 situated in the, and being
a portion of Tract 2A02A, T. Easter Survey, Abstract No. 474
approximately 1.648 acres.
SPACE RESERVED FOR METES & BOUNDS DESCRIPTION
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EXHIBIT “B”
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