Item 7ACity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
March 14, 2007
ZA07-004
CASE NO:
Zoning Change and Concept Plan for Image Business Park
PROJECT:
REQUEST: On behalf of Don Alan Thomas, Sun Coast Architects is requesting approval of a
zoning change from "S-P-2" generalized site plan district to "S-P-2" generalized site
plan district. The property is located at the southeast intersection of Crooked Lane and
S. Kimball Avenue. The current “S-P-2” zoning generally follows the "I-1" light
industrial district uses and regulations to include indoor and outdoor soccer facilities.
The proposed “S-P-2” zoning proposes “I-1” light industrial district regulations with
limited “I-1” uses to include office-showrooms and sports training facilities. The
concept plan proposes the development of five office/warehouse buildings totaling
approximately 93,732 square feet on approximately 12.45 acres.
The applicant requests approval of the “S-P-2” uses and regulations and proposes the
following:
The permitted uses and development regulations will follow the "I-1" Light
Industrial District with the following exceptions:
The following uses shall not be permitted: Blacksmithing or Horse Shoeing;
o
Broom Manufacturing; Candle Manufacturing; Creamery and Dairy Product
Manufacturing; Egg Storage, Candling, Sorting and Grading; Farrier; Feed
Stores; Ice Manufacturing and Bulk Ice Storage.
The following additional uses shall be permitted: Office/Showroom with
o
associated sales and Recreational Training Facilities (i.e. Gymnastics, Dance
& Cheerleading Training).
Up to a 10% reduction in required parking shall be permitted.
o
Footprints/square footages may be modified provided that in no case shall
o
the impervious coverage exceed the percentage allowed by the "I-1" zoning
district.
One (1) loading space only shall be required for each lot.
o
The following variances are being requested:
Driveway stacking depth - The minimum stacking depth required for proposed Lot
1 is 75 feet. The applicant is providing approximately 60 feet of stacking.
Driveway stacking depth - The minimum stacking depth required for proposed Lot
5 is 50 feet. The applicant is providing approximately 30 feet of stacking.
Street R.O.W. Width - The minimum R.O.W. width for local commercial streets is
60 feet. The applicant is providing a R.O.W. width of 40 feet.
Case No.
ZA 07-004
Consider first reading for zoning change and concept plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Revised Concept Plan Review Summary No. 3, dated March 14, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Meeting Summary Report
(H) Ordinance No. 480-517
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA 07-004
BACKGROUND INFORMATION
OWNER: Don Alan Thomas
APPLICANT: Sun Coast Architects
PROPERTY SITUATION: The property is located at 2301 Crooked Lane on the southeast corner at the
intersection of S. Kimball Avenue and Crooked Lane.
LEGAL DESCRIPTION: Tract 1, Green Meadow Subdivision
LAND USE CATEGORY: Industrial
CURRENT ZONING: "S-P-2" Generalized Site Plan District with “I-1” Light Industrial uses to
include indoor/outdoor soccer fields, restaurant and retail uses, and other
associated support services; and specifically prohibiting sexual oriented
businesses
REQUESTED ZONING: "S-P-2" Generalized Site Plan District with limited "I-1" Light Industrial
District uses
HISTORY: -A final plat was approved by the City Council for the Green Meadow
subdivision on December 3, 1974.
-The “I-1” zoning was placed on the property with the approval of Zoning
Ordinance No. 480 on September 19, 1989.
-A change of zoning from "I-1" to "S-P-2" was approved by City Council on
May 7, 2002.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends S. Kimball Avenue to be a 4-lane,
divided arterial street with 88’ of right-of-way. Adequate right-of-way exists
for this roadway. S. Kimball Avenue is designated as a boulevard on the Street
Typology Map.
Existing Area Road Network and Conditions
The development proposes to have two (2) street intersections accessing
directly onto S. Kimball Avenue. The new lots will access only onto the new
proposed streets.
South Kimball Avenue is a 4-lane, divided arterial street. Crooked Lane exists
primarily as a north/south 2-lane, undivided local street. There are no plans for
expansion of this road.
Case No. Attachment A
ZA 07-004 Page 1
May 2006 traffic counts on Crooked Lane (between S. Kimball Ave and
Continental Blvd)
24hr South Bound (SB) (1438) North Bound (NB) (1591)
SB Peak A.M. (200) 7:45 – 8:45 am Peak P.M. (210) 3:45 – 4:45 pm
NB Peak A.M. (223) 7:45 – 8:45 am Peak P.M. (162) 3:30 – 4:30 pm
No traffic counts currently exist for the S. Kimball Avenue between Crooked
Lane and E. Continental Boulevard.
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Business Park 93,732 1,196 113 21 28 93
*Vehicle Trips Per Day
*The AM/PM times represent the number of vehicle trips generated during the weekday peak
travel times on S. Kimball Avenue.
PATHWAYS
MASTER PLAN: A 6-foot sidewalk is required along the west side of S. Kimball Avenue. An on-
street bikeway is also planned on S. Kimball Avenue. The concept plan shows
a 6-foot sidewalk along the east side of S. Kimball Avenue and the south side of
Crooked Lane. The concept plan also shows 5-foot sidewalks along the
proposed streets.
WATER & SEWER: A 12-inch water line currently exists along the east side of S. Kimball Avenue.
An 8-inch sanitary sewer line currently exists along the west side of S. Kimball
Avenue.
DRAINAGE ANALYSIS: Drainage from this site will be directed to the proposed detention pond at the
north end of the development. The outfall of the pond will be to the existing
storm sewer system in South Kimball Avenue.
TREE PRESERVATION: The grading across the site is very extensive and will cause for most of the
interior trees to be removed. It looks like the only trees that would possibly be
preserved are immediately adjacent to Crooked Lane and possibly along South
Kimball Avenue.
The locations of the on-site utilities go through trees that are existing within the
interior of the site. Because the grading across the site is so extensive most of
these trees would need to be removed but if any of these trees are being
proposed to be preserved please assess the utilities layout to avoid the trees.
The sanitary sewer goes through trees shown to be preserved on Lots 1, 2, 3
and 4. The water line goes through trees shown to be preserved on Lots 1, 2, 3
and 5. The storm sewer goes through tree shown to be preserved on Lots 1, 3
Case No. Attachment A
ZA 07-004 Page 2
and 4.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The land use designation is Industrial and the proposed development is
consistent with this designation.
Environmental Resource Protection (ERP) Plan Recommendations
Although not required by ordinance, the ERP Plan recommends preserving
trees where feasible and incorporating landscape features into new
developments. Consider altering the site design to preserve some of the trees.
The applicant has revised the layout of Lot 1 to preserve trees.
Mobility & Master Thoroughfare Plan Recommendations
Sidewalks are required along all public streets, including the internal streets
o
and along Crooked Lane. The applicant has provided sidewalks along all
streets.
Although not required by ordinance, sidewalks are recommended along the
o
firelanes in front of the buildings to provide easy pedestrian access on the
site.
Although not required by ordinance, access to the Carroll ISD site is
o
recommended (if feasible). The applicant has indicated that there are
significant grade issues preventing a connection.
P&Z ACTION: March 8, 2007; Approved (5-0) subject to Concept Plan Review Summary No.
3, dated March 2, 2007; approving the variances for stacking on Lot 1 and the
Right-of-Way; adding Sexually Oriented Businesses to be on the list of
excluded uses; and including and accepting the revised concept plan for Lot 5
as distributed and presented this evening.
STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 3, dated March 14,
2007.
N:\Community Development\MEMO\2007cases\07-004ZCP.doc
Case No. Attachment A
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Case No. Attachment B
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Previously Approved Concept Plan
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Concept Plan
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Revised Concept Layout for Proposed Lot 5
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Conceptual Building Design
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Case No. Attachment C
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Tree Conservation Analysis
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Grading (Cut/Fill) Exhibit
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Landscape Plan
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CONCEPT PLAN REVIEW SUMMARY
ZA07-004Three03/14/07
Case No.: Revised Review No.: Date of Review:
Concept Plan
Project Name: – Image Business Park (Tract 5, Green Meadow Subdivision)
OWNER: ARCHITECT: Sun Coast Architects, LLC
Don Allen Thomas F.C. LeVrier
7272 E. Gainey Ranch Rd, Suite 56 1725 E. Southlake Blvd, Suite 100
Scottsdale, AZ 85258 Southlake, TX 76092
Phone: (480) 663-3638 Phone: (817) 424-4277
Fax: Fax: (817) 329-7177
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/19/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
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.
(A
1)Provide the minimum stacking depth for the drives located on Lot 1 (75 ft) and Lot 5 (50 ft).
variance has been requested.)
2)Provide the minimum R.O.W. width for a local commercial street. The required R.O.W. width is 60'.
(A variance has been requested.)
If the variance is approved, staff recommends placing 10' U.E. on
both sides of the street to allow for utilities.
3)The following changes are needed with regard to easements:
a)Show and label all existing easements, if any, and all proposed easements on the concept plan.
b)Provide a pedestrian access easement for all sidewalks along the street frontages of the new
proposed street as the sidewalks are located on the individual lots and not within the street
R.O.W.
4)The Plat Showing as a component of the zoning & concept plan submittal does not meet the
submission requirements for a plat. A Preliminary Plat and Final Plat are required to be submitted (with
a completed application and fee) and approved prior to any construction on the property.
5)Staff recommends changing the added uses in “S-P-2” zoning document to be more specific such as
The following additional uses shall be permitted: Office-Showroom with associated sales and
“
Indoor Recreational Training Facilities to include Gymnastics, Dance, Cheerleading and other
similar sports training programs.”
INFORMATIONAL COMMENTS
Case No. Attachment D
ZA 07-004 Page 1
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.
* The applicant should be aware that prior to issuance of a building permit a site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must be paid.
This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water &
Sewer Impact and Tap Fees, and related Permit Fees.
* A portion of this site falls within the applicability of the residential adjacency standards as amended by
Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards” as well as the Corridor
Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided
with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site
plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City
Note that these issues are only the major areas of
Council prior to issuance of a building permit.
site plan review and that the applicant is responsible for compliance with all site plan
requirements:
•Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as
amended.
•Roof design standards per § 43.13b, Ordinance 480, as amended
•Mechanical Equipment Screening
•Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance
480, as amended.
•Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended.
•Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended.
•Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use
must be of an all weather surface material in accordance with the Ordinance No. 480, as amended.
•Screening as per §39.4, Ordinance 480, as amended.
•Interior landscaping per Landscape Ordinance No. 544.
•Fire lanes must be approved by the City Fire Department.
N:\Community Development\REV\2007\07-004ZCP2.doc
Case No. Attachment D
ZA 07-004 Page 2
Case No. ZA07-004 Review No. 3 Dated: 2/27/07 Number of Pages: 1
Project Name: (Image Business Park) Lot 1, Green Meadow Subdivision -- Zoning Change
and Concept 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 2/20/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
* Public water and sewer lines cannot cross property lines without being in a public easement or in the
ROW. All water and sanitary sewer lines in easements or in the ROW shall be constructed to City
standards.
DRAINAGE COMMENTS:
* 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.
* Radius pipe is required for storm sewer underneath the pavement – 18” RCP minimum.
* There is no Critical Drainage Structure fee for this development.
* 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) 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
* 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 will be required for all public improvements proposed with 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.
Case No. Attachment D
ZA 07-004 Page 3
Case No Review No.Dated: Number of Pages:
. 07-004 Three February 26, 2007 1
Project Name:
Image Business Park – 2301 Crooked Lane (Zoning – Concept Plan)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on February 19, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
TREE CONSERVATION COMMENTS:
1. The grading across the site is very extensive and will cause for most of the interior trees to be removed.
It looks like the only trees that would possibly be preserved are immediately adjacent to Crooked Lane
and possibly along South Kimball Avenue. Please provide a clearer Tree Conservation Plan that shows
which trees are proposed to be preserved and which trees will be removed. A color plan is preferred.
Trees to be removed colored Red, trees to be preserved colored Green, trees whose preservation is
questionable colored Yellow.
2. The locations of the on-site utilities go through trees that are existing within the interior of the site.
Because the grading across the site is so extensive most of these trees would need to be removed but if
any of these trees are being proposed to be preserved please assess the utilities layout to avoid the
trees. The sanitary sewer goes through trees shown to be preserved on Lots 1, 2, 3 and 4. The water
line goes through trees shown to be preserved on Lots 1, 2, 3 and 5. The storm sewer goes through
tree shown to be preserved on Lots 1, 3 and 4.
LANDSCAPE PLAN:
1. Please label the lots on the Landscape Plan.
2. If a Site Plan is submitted for the development please label types or species of all the plant material.
Case No. Attachment D
ZA 07-004 Page 4
COMPREHENSIVE PLAN REVIEW SUMMARY
ZA07-004Three3/1/07
Case No: Review No.: Date of Review:
Project: Lot 1, Green Meadow Subdivision
Application Type: Zoning Change and Concept Plan
Contact: Jenny Crosby Phone: (817) 748-8195 Email: jcrosby@ci.southlake.tx.us
Consolidated Land Use Plan Recommendations
The land use designation is Industrial and the proposed development is consistent with this designation.
Environmental Resource Protection (ERP) Plan Recommendations
Although not required by ordinance, the ERP Plan recommends preserving trees where feasible and
o
incorporating landscape features into new developments. Consider altering the site design to
preserve some of the trees. The applicant has revised the layout of Lot 1 to preserve trees.
Mobility & Master Thoroughfare Plan Recommendations
Sidewalks are required along all public streets, including the internal streets and along Crooked Lane.
o
The applicant has provided sidewalks along all streets.
Although not required by ordinance, sidewalks are recommended along the firelanes in front of the
o
buildings to provide easy pedestrian access on the site.
Although not required by ordinance, access to the Carroll ISD site is recommended (if feasible). The
o
applicant has indicated that there are significant grade issues preventing a connection.
Southlake Pathways Plan Recommendations
The required sidewalk along Kimball Avenue is shown.
o
Case No. Attachment D
ZA 07-004 Page 5
Surrounding Property Owners
Image Business Park
SPO #
Owner Zoning Land Use Acreage
Industrial
1.
Current Owner I1 0.892
Industrial
2.
Current Owner I1 6.992
Industrial
3.
Current Owner I1 1.463
Medium Density Residential
4.
Memo International, Inc I1 3.708
Industrial
5.
Thomas, Don Alan SP2 14.563
Industrial
6.
Vario Properties Lp I1 3.665
Industrial
7.
Kimball Road Extension Ltd I1 3.967
Industrial
8.
Elite Suites Ltd I1 1.528
Industrial
9.
K & D Development I1 0.567
Industrial
10.
Slj Hart Ltd I1 1.483
Industrial
11.
North Main Partnership I1 1.8
Industrial
12.
Latigo Property No 22 I1 1.773
Industrial
13.
Latigo Property No 22 I1 1.581
Industrial
14.
St John Bapt Ch Grand Prairie I1 2.663
Case No. Attachment E
ZA 07-004 Page 1
Industrial
15.
Latigo Property No 22 Ltd I1 0.969
Industrial
16.
Latigo Property No 22 Ltd I1 1.475
Industrial
17.
Latigo Roperty No 22 I1 0.88
Industrial
18.
Latigo Property No 22 I1 0.828
Industrial
19.
Latigo Property No 22 I1 0.996
Industrial
20.
St John's Baptist Church Gp CS 9.984
Low Density Residential
21.
Pearson, Carey Etux Kelly SF1-A 2.804
Low Density Residential
22.
Pearson, Carey Etux Kelly SF1-A 2.271
Low Density Residential
23.
Wood, Charles Etux Margaret SF1-A 2.447
Public/Semi-Public
24.
Carroll ISD SP1 34.304
Low Density Residential
25.
Sapp, Juanita SF1-A 0.883
Industrial
26.
Kaposta, Louis J Etux America AG 3.009
Case No. Attachment E
ZA 07-004 Page 2
Surrounding Property Owner Responses
Image Business Park
Notices Sent: Twenty-six (26)
Responses Receive: One (1)
Memo International, Inc. Favor
722 S Kimball Ave, submitted a Notification Response Form in
on February 28, 2007 (attached).
K&D Development,Favor
PO Box 1381, submitted a Notification Response Form in on March
2, 2007 (attached).
Case No. Attachment F
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Case No. Attachment F
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Case No. Attachment F
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SPIN MEETING REPORT
CASE NO.
ZA07-004
PROJECT NAME:
Image Business Park
Southeast corner of S. Kimball Avenue and Crooked Lane
SPIN DISTRICT:
7
MEETING DATE:
8:30PM, February 26, 2007
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Approximately Eight (8)
SPIN REPRESENTATIVE(S) PRESENT:
Ray Tremain (9e)
APPLICANT(S) PRESENTING:
F.C. LeVrier
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
APPLICANT PRESENTATION SUMMARY
Zoning request is for “S-P-2” with office warehouse and showroom uses
Uses to also include dance studios, gymnastics facilities and cheerleading school
o
5 lots total with a dedicated public street running through the property
o
Is currently zoned “S-P-2” with soccer facility uses
o
Each lot will have to go through the site plan process before development – this is a conceptual plan at
o
this point
The idea is to have an industrial business park that has a “campus” feel
Internal sidewalks and along Kimball Avenue
o
Considerable landscaping
o
New 8-foot fence along the northeast corner of the property
o
All drainage on the property will go into the Kimball storm drainage system
Regarding will take water away from the property to the north
o
QUESTIONS & DISCUSSION
Is that a 40-foot street within the development?
QUESTION:
RESPONSE: The 40-foot Right-of-Way will be a City street and built to city street standards.
When do you start?
QUESTION:
What will happen to the many coyotes on the property?
QUESTION:
Will the development be phased out?
QUESTION:
RESPONSE: Yes. Each lot will be required to come back for site plan approval as they develop.
Case No. Attachment G
ZA 07-004 Page 1
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
ZA 07-004 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-517
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 1,
GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY
14.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN
DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH
LIMITED “I-1” LIGHT INDUSTRIAL DISTRICT USES, 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 “S-P-2” Generalized Site Plan
Case No. Attachment H
ZA07-004 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 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,
Case No. Attachment H
ZA07-004 Page 2
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 1, Green Meadow Subdivision, an addition to the City of Southlake as recorded in
Volume 388-96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 14
acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site
Plan District to “S-P-2” Generalized Site Plan District with limited “I-1” Light Industrial
District uses, as depicted on the approved Concept Plan attached hereto and incorporated
herein as Exhibit “B”, and subject to the following specific conditions:
1.
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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.
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
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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 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.
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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.
________________________________
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 Tract 1, Green Meadow Subdivision, an addition to the City of Southlake as recorded in Volume 388-
96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 14 acres.
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EXHIBIT “B”
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Concept Plan
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Revised Concept Layout for Proposed Lot 5
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Conceptual Building Elevations
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Tree Conservation Analysis
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Grading (Cut/Fill) Exhibit
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Landscape Plan
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