Item 7BCity of Southlake
Department of Planning
S T A F F R E P O R T
February 14, 2007
ZA07-002
CASE NO:
Zoning Change and Site Plan for Bowen Building
PROJECT:
REQUEST: On behalf of Brad Bowen, Adams Engineering 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. The plan proposes a two-
story bank building of 12,508 square feet on approximately 1.18 acres.
The applicant requests approval of the “S-P-1” uses and regulations and proposes the
following:
The permitted uses and development regulations will follow the "C-2" Local Retail
Commercial District.
The following variance is being requested:
Driveway stacking depth - The minimum stacking depth required for this site is 35
feet. The applicant is providing approximately 26 feet of stacking.
Consider first reading for zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Site Plan Review Summary No. 3, dated February 14, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-515
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Clayton Comstock (748-8269)
Case No.
ZA07-002
BACKGROUND INFORMATION
OWNER: Brad Bowen
APPLICANT: Adams Engineering
PROPERTY SITUATION: 945 Casey Court & 1110 E. SH 114
LEGAL DESCRIPTION: Lots 18-20, Oaks Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District
uses
HISTORY: This property was platted as Lots 18—20 of The Oaks Addition on March 7,
1964.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends East State Highway 114 to have
300-feet to 500-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 the East State Highway
114 frontage road. Common access easements are shown to be provided into
the adjacent properties.
East State Highway 114 is a six lane, limited access highway with three lane
frontage roads on either side.
May, 2006 traffic counts on East State Highway 114 (between Carroll
Avenue & Kimball Avenue): Main Lanes
24hr 35,77837,024
West Bound (WB) () East Bound (EB) ()
WB 2,2763,208
Peak A.M. () Peak P.M. ()
5:30-6:30 p.m.
7:45 – 8:45 a.m.
EB 3,0462,945
Peak A.M. () Peak P.M. ()
7:15 –8:15 a.m.
4:45 – 5:45 p.m.
Case No. Attachment A
ZA07-002 Page 1
May, 2006 traffic counts on East State Highway 114 (between Carroll
Avenue & Kimball Avenue): Frontage Roads
24hr 1,7724,613
West Bound (WB) () East Bound (EB) ()
WB 169193
Peak A.M. () Peak P.M. ()
4:30 – 5:30 p.m.
11:15 – 12:15 a.m.
EB 389439
Peak A.M. () Peak P.M. () 3 – 4 p.m.
11:15 – 12:15 p.m.
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Drive-In Bank 12,508 3,317 88 70 343 343
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on East State Highway 114.
PATHWAYS
MASTER PLAN: The Southlake Pathways Master Plan shows an 8-foot multi-use trail proposed
on the north side of State Highway 114. The trail is shown on the site plan.
WATER & SEWER: There are currently no water or sewer lines adjacent to this property. A 12 inch
water line is proposed to extend east approximately 550-feet from an existing
12-inch waterline along SH 114 at Carroll Avenue. An 8-inch sewer line is
proposed to extend east approximately 1200-feet from an existing 8-inch sewer
line along SH 114 west of Carroll Avenue.
DRAINAGE ANALYSIS: Drainage from this site will flow to the proposed detention pond at the
southeast corner of the development.
TREE PRESERVATION: Trees shown to be preserved on the approved Tree Conservation Plan are
required to remain unaltered as required by the Tree Preservation Ordinance.
Any tree shown to be preserved on the approved Tree Conservation Plan that is
altered during construction will be required to be mitigated in accordance with
the regulations of Ordinance 585-C.
SOUTHLAKE 2025: The land use designation is Retail Commercial and the proposed development is
consistent with this designation.
The S.H. 114 Corridor Plan recommends limiting retail in the S.H. 114
Corridor to key highway interchanges, specifically at Carroll Avenue and White
Chapel Boulevard. The proposed development is within the Carroll Avenue
“retail node”. Although not required by ordinance, this development should be
integrated with any future development to the west of the site.
P&Z ACTION: February 8, 2007; Approved (5-0) subject to Site Plan Review Summary No. 2,
dated February 2, 2007; granting the requested driveway stacking variance and
requiring the applicant to work with the adjoining property owner on location
of the dumpster.
Case No. Attachment A
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STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated February 14, 2007.
N:\Community Development\MEMO\2007cases\07-002ZSP.doc
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Vicinity Map
Bowen Building
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SITE PLAN REVIEW SUMMARY
ZA07-002Three02/14/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Bowen Building – Proposed Lot 18R, Oaks Addition
APPLICANT: ARCHITECT:
Adams Engineering – Jay Reissig MH Group
500 Nolen Dr; Ste 550
Southlake, TX 76092
Phone: (817)329-6990 Phone: (817)276-8862
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/12/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817)748-8602 OR CLAYTON COMSTOCK AT (817)
748-8269.
1.Remove variance request from the provided “S-P-1” letter and provide on a separate variance request
letter.
2.The following changes are needed with regard to labeling:
a.Show & label an 8’ screening element along the north property boundary. Anything different
should be added to the proposed S-P-1 zoning district regulations. An 8' wall, fence, or
opaque vegetative screen is required to property currently zoned or used for a single family
residence. A proposed living screen is labeled, but the height & types of plants have not been
labeled.
b.Show all easements on adjacent properties. Street reservation on western boundary may
continue further north.
3.The following changes are needed with regard to driveways and drive lanes:
a.Provide the required stacking depth. A minimum stacking depth of 35’ is required. Plan
A variance has been requested.
proposes a stacking depth of 26’.
b.Common Access Easements should follow a natural alignment for drive lanes.
4.Correct the “Required Parking” in the Site Data Summary to read “46” – 8 spaces for the first 1,000
square feet plus 1 parking space for 300 additional square feet.
INFORMATIONAL COMMENTS
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* 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
* 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 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.
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Case No. ZA07-002 Review No. 2 Dated: 2/14/07 Number of Pages: 2
Project Name: Lot 18R, Oaks Addition -- Zoning Change and Site Plan
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 1/31/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
* An access permit from TxDOT is required prior to construction of a driveway on SH 114. Submit
application and plans directly to TxDOT for review.
* Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage.
2. The detention pond shall be located within a drainage easement. Proposed easements shall be
dedicated by plat.
WATER COMMENTS:
* The water line shall be extended to the east property line for future connection.
* The City of Southlake Master Water Plan requires a 12” water line along SH 114. The developer may
request reimbursement from the City for the cost of upsizing the water line from an 8” to a 12”.
* Water meters and fire hydrants shall be located in an easement or in the ROW.
SANITARY SEWER COMMENTS:
* The proposed sanitary sewer shall be extended to the east property line for future connection. The
minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public sanitary
system line that is built to City standards.
* The proposed sewer line shall be located in the parkway - not under pavement, except for crossings.
* Sanitary sewer manholes are required a maximum of 500’ apart.
* A cleanout will be required at the property line for maintenance access.
DRAINAGE COMMENTS:
* Provide calculations for existing and proposed conditions.
* Ensure that the difference between pre and post development runoff is captured in the detention pond.
The discharge from the proposed detention ponds shall control the outfall for the 5, 10 and 100 year
storms.
* Proposed driveway culverts shall be sized by an engineer and submitted for approval to the City
Engineer.
* This property drains into Critical Drainage Structure #13 and requires a fee to be paid prior to
beginning construction ($371.20/acre).
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
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INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) 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.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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 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.
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Surrounding Property Owners
Bowen Building
13
12
SPO #
Owner Zoning Land Use Acreage
Retail Commercial
1.
NEC Carroll & 114 Partnership AG 0.194
Retail Commercial
2.
NEC Carroll & 114 Partnership AG 0.323
Retail Commercial
3.
Schulz, Laura AG 0.287
Retail Commercial
4.
Schenk, Joel AG 0.248
Retail Commercial
5.
Collins, Ted SF-1A 0.504
Retail Commercial
6.
Johnson, Deborah AG 0.479
Retail Commercial
7.
Steele, Crystal AG 0.295
Retail Commercial
8.
NEC Carroll & 114 Partnership AG 0.053
Retail Commercial
9.
NEC Carroll & 114 Partnership AG 0.163
Retail Commercial
10.
NEC Carroll & 114 Partnership AG 0.210
Retail Commercial
11.
NEC Carroll & 114 Partnership AG 0.019
Retail Commercial
12.
DFW Carroll Road Ltd AG 0.485
Retail Commercial
13.
DFW Carroll Road Ltd AG 0.744
Mixed Use
14.
Gateway Church NR-PUD 16.874
Case No. Attachment E
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Surrounding Property Owner Responses
Bowen Building
Notices Sent: Eight (8)
Responses Receive: Two (2)
Name Address Date Position
Johnson, Deborah 1213 7th St NE, Minot ND 2/2/2007 Support
Schulz, Laura & Edwin 1213 Casey Ct 2/2/2007 Undecided
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-515
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 LOTS 18,
19, & 20, OAKS ADDITION, AND BEING APPROXIMATELY 1.18
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 District under
the City’s Comprehensive Zoning Ordinance; and
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WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
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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 Lots 18, 19, & 20, Oaks Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-36, Slide 52, Plat Records, Tarrant
County, Texas, and being approximately 1.18 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.
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That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, 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.
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SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if 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.
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This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Lots 18, 19, & 20, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-36, Slide 52, Plat Records, Tarrant County, Texas, and being
approximately 1.18 acres.
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EXHIBIT “B”
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