Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
September 1, 2010
CASE NO: ZA10-039
PROJECT: Southlake Montessori
EXECUTIVE
SUMMARY:
On behalf of Pecan Creek Southlake Partners, Blake Architects is requesting
approval of a Zoning Change and Concept Plan from “O-1” Office Zoning District to
“S-P-2” Generalized Site Plan Zoning District for the development of two new one-
story buildings approximately 18,975 square feet in combined size consisting of one
building for a Montessori School and one building for medical office uses on 2.25
acres located on the south side of Zena Rucker Road and adjacent to Rockenbaugh
Elementary School at 731 Zena Rucker Road. SPIN #9
DETAILS:
Blake Architects is requesting approval of a Zoning Change from “O-1” Office
Zoning District to “S-P-2” Generalized Site Plan Zoning District to establish office
uses under the “O-1” zoning district and a daycare/ Montessori School with a
private “K” program as noted in the “S-P-2” Zoning Letter under “Attachment C” of
this staff report. The proposal includes one building for a Montessori School
approximately 9,370 square feet in size and the second building, approximately
9,605 square feet in size, serving as medical office use.
On August 17, 2010 City Council approved the proposal subject to modifications
being done to the concept plan. Since first reading the following changes have
been done:
Three (3) additional parking spaces have been added making a total of 81
parking spaces from 78 on the previous plan presented;
The western drive aisle has been moved approximately 20-feet east to
accommodate the parking spaces on both sides;
The one-story activity building and the one-story school building have been
combined for the Montessori School creating a 9,370 square foot building;
The drive aisle to Rockenbaugh Elementary has been modified and
connects at the northwest portion of the subject property.
Variances
The following variance has been requested by the applicant for this proposal:
1) A variance is being requested to Section 5.2 of the Driveway Ordinance No.
634, General Design Criteria for driveway stacking depth. The applicant is
providing approximately ±30-feet of stacking depth on the western driveway
where a minimum of 50-feet is required.
ACTION NEEDED: 1) Conduct Public Hearing
nd
2) Consider 2 Reading Zoning Change & Concept Plan Approval Request
Case No.
ZA10-039
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Review Summary No. 4, dated August 30, 2010
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-598
for Commission and Council Members Only
(G) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA10-039
BACKGROUND INFORMATION
OWNER:
Pecan Creek Southlake Partners
APPLICANT:
Blake Architects
PROPERTY SITUATION:
731 Zena Rucker Rd.
LEGAL DESCRIPTION:
Lot 4, Block 1, Pecan Creek Addition
LAND USE CATEGORY:
Office Commercial / 100-Year Flood Plain
CURRENT ZONING:
“O-1” Office Zoning District
PROPOSED ZONING:
“S-P-2” Generalized Site Plan Zoning District
HISTORY:
- July 3, 1979 City Council approved a Plat Showing for two lots on 25
acres of land.
- February 22, 1984 City Council approved a Plat Revision for a
subdivision of Lot 2 into three lots.
- On October 2, 2001 City Council approved a Zoning Change and
Planning Case ZA01-077
Concept Plan for this location under . Under
the approval for this case the following conditions were placed on this
lot: providing a 20’ bufferyard with evergreen plant material adjacent to
school property; accommodating an east-west access road in the
design; no 2 story buildings permitted on the two south lots; and
requiring pitched roof residential style construction on the south two
lots. The applicant has indicated to staff compliance with these
conditions and will provide additional materials when requesting a Site
Plan approval from City Council.
- A Plat Vacation of the Dilg Addition was approved by City Council on
Planning Case ZA02-054
January 7, 2003 under .
- On January 7, 2003 City Council approved a Preliminary Plat for Pecan
Planning Case ZA02-052
Creek under for the subdividing of the Dilg
Place Subdivision.
- On January 9, 2003 the Planning & Zoning Commission approved a
Final Plat under Planning Case ZA02-053 to begin construction of
two commercial/retail buildings on two lots.
- On January 17, 2003 the Planning & Zoning Commission approved a
Planning Case ZA03-049
Final Plat under in order to obtain a building
permit for the construction of a medical office building on Lot 3, Block
1 of Pecan Creek.
- On January 4, 2005 the City Council approved a revised Development
Planning Case ZA04-063
Plan under to designate the alignment for an
approximate 500 feet section of Zena Rucker Road that will extend east
from Byron Nelson Parkway.
- On August 2, 2005 the City Council approved a Plat Revision for Pecan
Planning Case ZA05-044
Creek under to create lots for general/medical
office construction and to dedicate the right-of-way for Zena Rucker
Road through the Pecan Creek development.
- On September 20, 2005 a Zoning Change and Site Plan were approved
Planning Case ZA05-
on Lot 2 of the Pecan Creek Development under
050
for the construction of a medical office building (Baylor Family
Case No. Attachment A
ZA10-039 Page 1
Health Center at Southlake).
CITIZEN INPUT:
A Southlake Program for the Involvement of Neighborhoods (SPIN) meeting
was held on July 12, 2010. The report for this meeting is under Attachment
“C” of this staff report.
SOUTHLAKE 2025 PLAN:
Consolidated Land Use Plan
The Southlake 2025 comprehensive plan
designates this site as Office Commercial
and 100-Year Flood Plain. The existing
zoning and type of development being
proposed at this location is consistent with
the Land Use Plan.
WATER & SEWER: Water
There is an existing 8-inch water line on
the north side of Zena Rucker Road that will
serve this development.
Sewer
There is an existing 8-inch & 10-inch sanitary sewer line adjacent to this
property that the applicant can tap into for service.
TREE PRESERVATION:
The site contains little to no tree cover other than the southern boundary
and a few trees in the center of the property including two (2) Cedar Elms
which are over 6” in diameter, three (3) Soap Berry’s, which are deceased,
and the rest are Hackberry, Mesquite, and American Elms which are shown
to be removed and not a protected size. Under a previous approval by City
ZA01-077
Council () there was a condition placed on this lot for a 20-foot
bufferyard containing evergreen plantings. The applicant has indicated this
on the Concept Plan provided.
PLANNING &
ZONING COMMISSION:
August 5, 2010; Approved (5-0) subject to the applicant providing a fence or
other design element around the pond on site so as to treat it as a
swimming pool [for safety purposes], to consider and look into the possibility
of adding another driveway for the purposes of providing traffic relief,
approving the requested variance and subject to Staff Review Summary No.
2, dated July 26, 2010.
st
CITY COUNCIL:
1 Reading
August 17, 2010; Approved (7-0) approving the variance for the driveway
stacking depth and subject to a 6-foot wrought iron fence being installed
around the perimeter of the future improved detention pond; maintenance of
the detention pond will be the applicant’s responsibility so silt does not
build; not granting the variance in parking reduction; noting that an aeration
feature such as a fountain must be installed in the detention pond and also
noting the applicants willingness to work with the Carroll Independent
School District and City Staff regarding the western driveway access
easement for access to Rockenbaugh Elementary; subject to Concept Plan
Review Summary No. 3, dated August 9, 2010.
STAFF COMMENTS:
Attached is Concept Plan Review Summary No. 4, dated August 30, 2010.
Case No. Attachment A
ZA10-039 Page 2
N:\Community Development\MEMO\2010 Cases\039 - ZCP – Southlake Montessori\Staff Report
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Case No. Attachment B
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Plans and Support Information
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MONTESSORI PARKING LAYOUT
Case No. Attachment C
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CONCEPT PLAN REVIEW SUMMARY
ZA10-039Four08/30/10
Case No.: Review No.: Date of Review:
Southlake Montessori
Project Name:
APPLICANT/ARCHITECT: OWNER:
Blake Architects, Skip Blake Pecan Creek Southlake Partners, Cary Clarke
1202 S. White Chapel Blvd., Ste. A P.O. Box 93868
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 488-9397 Phone: (817) 410-8400
Fax: (817) 251-3205 Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/27/2010 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
DANIEL CORTEZ AT (817) 748-8070.
1. A Site Plan submittal and approval will be required for the development of any buildings on site.
Any change from the Concept Plan will require approval of a Zoning Change by City Council.
2. All development must comply with the requirements of the Driveway Ordinance No. 634 for
stacking depth requirements. A minimum of 50-feet of driveway stacking depth is required coming
A Variance has been requested for this requirement.
from Zena Rucker Road.
Tree Conservation/Landscape Review
Keith Martin, Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. The tree icons shown on the Site Plan are not correct and no information was provided regarding
the existing trees on the site. Most of the trees shown on the Site Plan were removed during the
first phase of development and the remaining trees west of the detention pond are dead.
Provide the required Tree Conservation Analysis provided with the following information.
Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
a. All grades over 5%
b. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
v. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the site
viii. Stream/Creek buffers, if any
Case No. Attachment D
ZA10-039 Page 1
ix. The names, addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
x. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property
* 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. The interior landscape summary chart plant material calculations are incorrect. Please refer to the
Landscape Ordinance 544-A for the correct interior landscape ratios.
Summary Chart – Interior Landscape
Landscape % of Area In Canopy Accent Ground Seasonal
Shrubs
Area Front & Side Trees Trees Cover sq/ft Color sq/ft
Required 10,488 75% 21 42 262 1,573 210
Provided 38,391 75% 19 38 237 1,425 None
Informational Comments
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
* Denotes Informational Comment
.
Case No. Attachment D
ZA10-039 Page 2
Surrounding Property Owners
Southlake Montessori
SPO # Owner Zoning Land Use Acreage Response
100-Year Flood Plain, Retail
1. Hov Re Llc SP1 1.88 NR
Commercial
2. Pecan Creek Shop Cntr Dallas SP1 Retail Commercial, Office Commercial 1.84 NR
100-Year Flood Plain, Retail
3. Hcp Crs2 Ltach-Baylor Southlak SP1 4.52 NR
Commercial, Office Commercial
4. Rcck Enterprises Llc O1 Office Commercial 0.91 NR
100-Year Flood Plain, Retail
5. Pecan Creek Southlake Prts Lp O1 Commercial, Office Commercial, 2.30 NR
Public/Semi-Public
100-Year Flood Plain, Public/Semi-
6. Carroll ISD RPUD 15.83 NR
Public, Medium Density Residential
Retail Commercial, Retail
7. Pecan Creek Southlake Prtns Lp RPUD 1.07 NR
Commercial, Public/Semi-Public
8. Pecan Creek Southlake Prtns Lp RPUD Retail Commercial, Office Commercial 0.99 NR
100-Year Flood Plain, Office
9. Rucker, William W Est & Zena AG Commercial, Medium Density 2.65 NR
Residential
100-Year Flood Plain, Office
10. Hayes, Billy W Etux Carolyn AG Commercial, Medium Density 2.91 NR
Residential
100-Year Flood Plain, Office
11. Jascar Investments Lp AG Commercial, Medium Density 4.20 NR
Residential
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eleven (11)
Responses Received:
None
Case No. Attachment E
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Surrounding Property Owner Responses
NONE
Case No. Attachment F
ZA10-039 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-598
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 DESCRIBED AS LOT 4, BLOCK 1,
PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 2.25 ACRES AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “O-1”
“
OFFICE ZONING DISTRICT TO “S-P-2” GENERALIZED SITE PLAN
ZONING DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential and other purposes,
and to amend said ordinance and map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “O-1” Office Zoning
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment G
ZA10-039 Page 1
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 and the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
Case No. Attachment G
ZA10-039 Page 2
existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Lot 4, Block 1, Pecan Creek Addition, Southlake, Tarrant
County, Texas, being approximately 2.25 acres, and more fully and completely
described in Exhibit “A” from “O-1” Office Zoning District, to “S-P-2” Generalized
Case No. Attachment G
ZA10-039 Page 3
Site Plan Zoning District as depicted on the approved Concept Plan attached
hereto and incorporated herein as Exhibit “B,” and subject to the following
conditions:
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding
of land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
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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.
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
Case No. Attachment G
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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.
th
PASSED AND APPROVED on the 1st reading the 17 day of August, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the 7 day of September, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Case No. Attachment G
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CITY ATTORNEY
DATE: ___________________________
ADOPTED: _______________________
EFFECTIVE: ______________________
Case No. Attachment G
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EXHIBIT “A”
Being described as:
Case No. Attachment G
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EXHIBIT “B”
RESERVED FOR APPROVED CONCEPT PLAN
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