Item 7ACity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
March 28, 2007
ZA06-174
CASE NO:
Zoning Change and Site Plan for St. Johns Baptist Church
PROJECT:
REQUEST: On behalf of St. John’s Baptist Church, Graham Associates is requesting approval of a
zoning change and site plan. City Council previously approved a zoning change and
site plan for St. John’s Baptist Church on Lot 5R, Green Meadow Subdivision. The
purpose of this request is to add parking on Lot 4R4R, Green Meadow Subdivision
which is directly south of the existing St. John’s Baptist Church site. In order to add
this parking, the applicant is requesting to rezone Lot 4R4R and to revise the
previously approved site plan to add Lot 4R4R. Lot 4R4R is currently zoned “I-1”
Light Industrial District and the requested zoning is “CS” Community Service District.
The additional parking is necessary because the seating capacity of the main sanctuary
is increasing from 1500 seats to 2300 seats with the addition of a balcony. The balcony
will not impact the building elevations. The total number of parking spaces is
increasing from 496 spaces to 697 spaces.
The following variances are being requested:
1.Parking – The minimum number of parking spaces required for this site is 767
spaces. A variance for a 10% reduction in parking was approved with the previous
site plan. This plan proposes a maximum 10% reduction in parking.
2.Commercial Drive on a Local Street – Commercial driveways are not permitted on
local streets unless no other public access is available. The applicant is requesting a
one-way, entrance-only, gated drive off of Crooked Lane. This drive is not allowed
due to access off of Kimball Avenue. The applicant will be providing a rendering
off the proposed gate at the Planning and Zoning Commission meeting
3.Stacking Depth – The required stacking depth is 150 feet. The required stacking
depth for the drives off of Kimball Avenue was 100 feet with the previously
approved site plan. Due to the increase in parking, the required stacking depth has
increased to 150 feet. These drives have been constructed and the applicant is
requesting a minimum stacking depth of 100 feet for the Kimball Avenue drives as
was approved under the previous plan. The applicant is also requesting a minimum
stacking depth of 20 feet for the proposed one-way drive off of Crooked Lane.
4.Sidewalk – A 5 foot wide sidewalk is required along Crooked Lane. This sidewalk
was not required with the previous site plan and the applicant is requesting not to
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provide this sidewalk. However, if the variance is not approved the applicant has
provided an alternative plan with a partial sidewalk along Crooked that is included
in Attachment C, page 4.
Consider first reading for a zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Site Plan Review Summary No. 5, dated March 27, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-518
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA06-174
BACKGROUND INFORMATION
OWNER: St. Johns Baptist Church
APPLICANT: Graham Associates
PROPERTY SITUATION: 800 and 900 S. Kimball Avenue
LEGAL DESCRIPTION: Lot 4R4R and Lot 5R, Green Meadow Subdivision
LAND USE CATEGORY: Industrial
CURRENT ZONING: “I-1” Light Industrial District (Lot 4R4R) and “CS” Community Service
District (Lot 5R)
REQUESTED ZONING: “CS” Community Service District
HISTORY: -A final plat was approved by the City Council 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 and associated concept plan from “I-1” to “CS” was
approved by City Council on the northern portion of the site (Lot 5R) on April
16, 2002.
-A site plan was approved by City Council on the northern portion of the site
(Lot 5R) on May 17, 2005.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends South Kimball Avenue to be a 4-
lane, divided arterial street with 88’ of right-of-way. Adequate right-of-way
exists for this roadway. South Kimball Avenue is designated as a boulevard on
the Street Typology Map.
Existing Area Road Network and Conditions
The development will have three (3) accesses directly onto S. Kimball Avenue,
which were approved with the previous site plan. With the new site plan, the
applicant is proposing one (1) drive off of Crooked Lane that will be a gated
one-way entrance.
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.
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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
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Church 46,820 427 18 16 17 14
*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 minimum 6’ off-street trail is required along the west side of S. Kimball
Avenue. The site plan shows the required trail.
DRAINAGE ANALYSIS: This site generally drains in three directions. The northern parking area
drains to a proposed detention pond along South Kimball Avenue. The
building and a majority of the parking area drains to the proposed detention
pond at the southeast corner of the property along South Kimball Avenue.
And the remaining parking area at the southwest corner of the site drains
directly into the existing drainage system in Crooked Lane.
TREE PRESERVATION: The area that is proposed as the new parking lot was cleared and graded during
the first phase of construction. The majority of trees that were existing on the
site were Mesquite, Locust and Hackberry, not considered “quality” protected
trees during Phase 1 of the construction which is regulated by Ordinance 585-
B. In the same area there were twenty-six (26) “Quality” trees consisting of
Oak, Elm and Eastern Red Cedar. The total diameter inches of these trees
removed is 186”. To mitigate the removal of the 186” of trees, 186” of trees
will be required to be planted on the site prior to the issuance of a certificate of
occupancy for the building and a Landscape Plan must be approved by the
Southlake City Council and submitted with the building construction plans for
the parking lot.
There is a small cluster of Mesquite and Hackberry remaining within the median
area that is between the existing parking lot and the proposed parking lot as
shown on the submitted plans. On the first submittal the trees were not shown
to be removed but on the current submittal the trees are shown to be removed
and the area of the median has decreased to provide additional parking.
From visiting the site it looks like several Hackberry trees could be preserved
within the median but there is a storm sewer line proposed to go through the
Case No. Attachment A
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north side of the median and probably through the trees.
There is a cluster of trees not shown on the Tree Conservation Plan that are
existing along the right-of-way of Crooked Lane where the new access drive is
proposed. These trees range between 4” – 8” diameter and consist of
Pecan, Bois d’ arc, and Post Oak. Please identify the exact location these trees
on the Tree Conservation Plan.
SOUTHLAKE 2025: The land use designation for this property is Industrial. Public/Semi-Public uses
(such as a church) are permitted in the Industrial land use designation if
surrounding industrial uses do not pose hazards and are sufficiently buffered.
P&Z ACTION: February 22, 2007; Approved to table (6-0) until March 8, 2007.
March 8, 2007; Approved to table (6-0) until March 22, 2007.
March 22, 2007; Approved (5-1) subject to Site Plan Review Summary No. 4,
dated March 16, 2007, granting the requested variance for a 10% reduction in
parking, denying the variance to allow a commercial drive on a local street,
granting the variance to stacking depth, and granting the sidewalk variance
subject to the applicant’s agreement to build the sidewalk from the southwest
corner of the church property northward on the east side of Crooked Lane to
the point where the existing sidewalk ends on the west side of Crooked Lane at
the southern boundary of Cambridge Place.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 5, dated March 27, 2007.
N:\Community Development\MEMO\2006cases\06-174ZSP.doc
Case No. Attachment A
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Case No. Attachment B
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Previously Approved Site Plan
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Previously Proposed Site Plan
Boundary of Requested Zoning
Change (New Parking Area)
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New Proposed Site Plan (Applicant’s Preferred Plan)
Boundary of Requested Zoning
Change (New Parking Area)
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Alternative Proposed Site Plan
Boundary of Requested Zoning
Change (New Parking Area)
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Tree Exhibit
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Landscape Plan
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Detention Pond Planting Plan
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SITE PLAN REVIEW SUMMARY
ZA06-174Five3/27/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – St. Johns Baptist Church
APPLICANT:
Brian Avirett, Graham Associates
600 Six Flags Drive, Suite 500
Arlington, TX 76011
Phone: 817-460-8535
Fax: 817-633-5240
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/27/07 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 JENNY CROSBY AT (817) 748-8195 OR BEN BRYNER AT (817) 748-8602.
1.Show/label all easements – existing and proposed.
2.A 5 ft. sidewalk is required along Crooked Lane. The applicant has requested a variance to omit
the sidewalk along Crooked Lane.
3.Show the sidewalk along N. Kimball Ave. to fall entirely within the R.O.W. If it encroaches onto
the church property, a Pedestrian Access Easement is required for those portions. The easement
must be dimensioned and tied down. A Pedestrian Access Easement has been shown on the
concurrently submitted amended plat.
4.Correctly label the bufferyards. The west voluntary bufferyard has been reduced to 20 feet due to
R.O.W. dedication. Revise the bufferyards summary chart to reflect this.
5.Clearly identify all pervious vs. impervious areas – especially on the south property line and around
the building.
6.Provide the required number of parking spaces. City Council may vary up to 15%. The plan
shows a reduction of approximately 10%. A variance has been requested.
7.The following changes are needed with regard to drives:
a.Provide the minimum stacking depth for all drives. The additional parking has increased the
stacking depth for all drives to 150 feet. A variance has been requested. Correctly label
stacking depths.
b.Commercial driveways shall not be permitted on collectors or local streets unless no other
public access is available. The drive on Crooked Lane is not permitted due to access onto
S. Kimball Ave. A variance has been requested.
Case No. Attachment D
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8.The following changes are needed with regard to labeling of adjacent properties:
a.Provide the zoning and land use designation for all adjacent properties.
b.Correctly label the two City of Southlake properties to the west of the site.
9.Verify that all curb radii adjacent to the fire lane are a minimum of 30 feet. Clearly identify fire
lanes by cross-hatch or shading.
INFORMATIONAL COMMENTS
* 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.
* We recommend contacting the SPIN Representative for this district to receive their opinion on
whether a SPIN meeting would be beneficial to your application. The SPIN 7 District
Representative position is currently vacant. Contact Mike Terry, SPIN Chair, at (817) 251-8851.
For more information about SPIN and the SPIN process please go to
http://www.cityofsouthlake.com/spin/default.asp.
* The proposed site does not exceed the maximum permitted impervious coverage area percentage of
65% for the “CS" Zoning District. The impervious coverage area percentage of this is
approximately 58%.
* 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.
* Denotes Informational Comment
Case No. Attachment D
ZA 06-174 Page 2
Case No Review No. Dated: Number of Pages:
. ZA 06-174 1 12-07-06 1 ___
Project Name:
St. Johns Baptist Church________________
ContactPhone: Fax:
: David C. Barnes, Fire Marshal (817) 748-8233 (817) 748-8181
===========================================================================
The following comments are based on the review of plans received on 10-30-06 . 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.
===========================================================================
GENERAL COMMENTS:
* No general problems noted based on submitted information. See specific comments below.
1. Automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2003 I.F.C.
Sec. 903.2.10.6 as amended) Submit plans to Reed Fire Protection Amberton Tower 4144 N.
Central Expressway, Suite 510 Dallas, Tex 75204 Phone # 214-638-7599.
2. Backflow protection for fire sprinkler system may be in building at riser (instead of in vault) if
riser is within 100 feet of water main.
* Fire sprinkler systems required to be monitored for water flow and valve tamper if over 20 sprinkler
heads on system. (per 2003 I.F.C. Sec. 903.4 as amended) Submit plans to Reed Fire Protection
Amberton Towers 4144 N. Central Expressway Suite 510 Dallas, Tex 75204 Phone # 214-638-
7599.
* Fire department sprinkler connections to be five inch Storz connections (or equivalent) with 30
degree elbow and aluminum alloy blind cap secured with chain or cable. (per policy dated 12-96)
FIRE LANE COMMENTS:
1. Fire apparatus access needs to be provided to within 250 feet of all exterior portions of the
perimeter of buildings on a “hose-lay” basis. Fire apparatus access, if necessary, needs to be all
weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus.
2. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
apparatus (minimum of 65,000 lbs GVW).
3. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per
2003 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97) Dimension
turn radii on site plan.
Case No. Attachment D
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FIRE HYDRANT COMMENTS:
Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet
for five-inch diameter hose.
1 Hydrants required at maximum spacing R-3 and U Occupancies 400 feet Unsprinklered 600 feet
Sprinklered. All others 300 feet Unsprinklered and 600 feet Sprinklered. Hydrants are required at
intersecting streets and at intermediate locations between as prescribed above, measured as the
hose would be laid.
2 Fire Department connection for sprinkler system must be within 100 feet of a fire hydrant
INFORMATIONAL COMMENTS:
* All construction plans to be submitted for a building permit must conform to the edition of the
International Fire Code currently amended and adopted.
* All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2003
I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire
Marshal’s Office. FDC connections must have a Knox Locking Cap.
# = Denotes comment that may be included in formal review by P&Z and City Council.
* = Denotes informational comment.
Case No. Attachment D
ZA 06-174 Page 4
Case No. ZA06-174 Review No. 2 Dated: 1/18/07 Number of Pages: 1
Project Name: St. Johns Baptist Church -- Zoning Change & 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 1/17/07 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.
DRAINAGE COMMENTS:
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* 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 06-174 Page 5
Case No Review No.Dated: Number of Pages:
. 06-174 Three February 16, 2007 1
Project Name:
St. Johns Baptist Church (Zoning Change-Site Plan)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on February 6, 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 area that is proposed as the new parking lot was cleared and graded during the first phase of
construction. The majority of trees that were existing on the site were Mesquite, Locust and
Hackberry, not considered “quality” protected trees during Phase 1 of the construction which is
regulated by Ordinance 585-B. In the same area there were twenty-six (26) “Quality” trees consisting
of Oak, Elm and Eastern Red Cedar. The total diameter inches of these trees removed is 186”. To
mitigate the removal of the 186” of trees, 186” of trees will be required to be planted on the site prior
to the issuance of a certificate of occupancy for the building and a Landscape Plan must be approved by
the Southlake City Council and submitted with the building construction plans for the parking lot.
2. There is a small cluster of Mesquite and Hackberry remaining within the median area that is
between the existing parking lot and the proposed parking lot as shown on the submitted plans. On
the first submittal the trees were not shown to be removed but on the current submittal the trees are
shown to be removed and the area of the median has decreased to provide additional parking.
From visiting the site it looks like several Hackberry trees could be preserved within the median but
there is a storm sewer line proposed to go through the north side of the median and probably through the
trees.
3. There is a cluster of trees not shown on the Tree Conservation Plan that are existing along the right-
of-way of Crooked Lane where the new access drive is proposed. These trees range between 4” – 8”
diameter and consist of Pecan, Bois d’ arc, and Post Oak. Please identify the exact location these trees
on the Tree Conservation Plan.
LANDSCAPE PLAN COMMENTS:
1. The submitted Landscape Plan does not reflect the required tree mitigation. Approximately twenty (20)
additional trees will need to be planted to meet the tree mitigation requirements.
Case No. Attachment D
ZA 06-174 Page 6
Surrounding Property Owners
St. Johns Baptist Church
SPO #
Owner Zoning Land Use Acreage
Medium Density Residential
1.
Current Owner SF20A 0.454
Medium Density Residential
2.
Current Owner SF20A 0.447
Medium Density Residential
3.
Current Owner SF20A 0.721
Industrial
4.
Four Peaks Acquisitions I1 0.892
Industrial
5.
Four Peaks Acquisitions I1 6.992
Industrial
6.
Four Peaks Acquisitions I1 1.463
Medium Density Residential
7.
Memo International, Inc I1 3.708
Industrial
8.
Thomas, Don Alan SP2 14.563
Industrial
9.
Vario Properties Lp I1 3.665
Industrial
10.
Kimball Road Extension Ltd I1 3.967
Industrial
11.
Elite Suites Ltd I1 1.528
Industrial
12.
K & D Development I1 0.567
Industrial
13.
Slj Hart Ltd I1 1.483
Industrial
14.
North Main Partnership I1 1.8
Industrial
15.
Latigo Property No 22 I1 1.773
Industrial
16.
Latigo Property No 22 I1 1.581
Industrial
17.
St John Bapt Ch Grand Prairie I1 2.663
Case No. Attachment E
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Industrial
18.
Latigo Property No 22 Ltd I1 0.969
Industrial
19.
Latigo Property No 22 Ltd I1 1.475
Industrial
20.
Latigo Roperty No 22 I1 0.88
Industrial
21.
Latigo Property No 22 I1 0.828
Industrial
22.
Latigo Property No 22 I1 0.996
Industrial
23.
St John's Baptist Church Gp CS 9.984
Public/Semi-Public
24.
Southlake, City Of I1 13.057
Public/Semi-Public
25.
Southlake, City Of I1 3.477
Low Density Residential
26.
Pearson, Carey Etux Kelly SF1-A 2.804
Medium Density Residential
27.
Mactavish, Dwayne Etux Kim D SF20A 0.519
Medium Density Residential
28.
Wassef, Yaser Etux Laura SF20A 0.533
Medium Density Residential
29.
Perkins, Gaye M Etvir Ernest J SF20A 0.492
Medium Density Residential
30.
Peracha, Mohammad Etux Rubina SF20A 0.512
Case No. Attachment E
ZA06-174 Page 2
Surrounding Property Owner Responses
St. Johns Baptist Church
Notices Sent: Thirty (30)
Responses Receive: Ten (10)
K & D DevelopmentFavor
, P.O. Box 1381, submitted a Notification Response Form in on
February 12, 2007 (attached).
Vario Properties LP
, 2100 Greenwood Dr, Ste. 400, submitted a Notification Response Form in
Favor
on February 12, 2007 (attached).
Cambridge Place Homeowners Association,Opposition
submitted a Letter in on March 20,
2007 (attached).
Tony A. Dolezal, Opposition
2704 Montfort Court, submitted an E-Mail in on March 21, 2007
(attached).
Catherine Mohr, Opposition
submitted an E-Mail in on March 22, 2007 (attached).
Scott Corder, Opposition
submitted an E-Mail in on March 22, 2007 (attached).
Diane Eberhart, Opposition
submitted an E-Mail in on March 22, 2007 (attached).
Mark & DeAnne McClure, Opposition
2701 Montfort Court, submitted an E-Mail in on March
22, 2007 (attached).
David Rhodes, Opposition
submitted an E-Mail in on March 22, 2007 (attached).
Mike Trader, Opposition
2701 Derby Court, submitted an E-Mail in on March 22, 2007
(attached).
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-518
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 LOT 4R4R,
GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY
2.944 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT “A” FROM “I-1” LIGHT INDUSTRIAL DISTRICT TO
“CS” COMMUNITY SERVICE DISTRICT, 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 “I-1” Light Industrial 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 Lot 4R4R, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet 'A', Slides 9877 & 9878, Plat
Records, Tarrant County, Texas, and being approximately 2.944 acres, and more fully and
completely described in Exhibit “A” from “I-1” Light Industrial District to “CS” Community
Service District 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 Lot 4R4R, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet 'A', Slides 9877 & 9878, Plat Records, Tarrant County, Texas, and
being approximately 2.944 acres.
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EXHIBIT “B”
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Tree Exhibit
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Landscape Plan
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Detention Pond Planting Plan
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