Item 6CCity of Southlake
Department of Planning
S T A F F R E P O R T
May 9, 2007
ZA06-189
CASE NO:
Zoning Change and Site Plan for Southlake Design Center
PROJECT:
REQUEST: On behalf of James R. Stacy, Vaughan Commercial Realty is requesting approval of a
zoning change and site plan for S-P-1 zoning to allow limited I-1 and C-3 uses in an
existing office & retail furniture warehouse building located at 280 Commerce Street.
The plan proposes some exterior color and architectural element modifications, paving
and driveway modifications.
The S-P-1 regulations for development propose the following:
1)Parking requirements as depicted on the attached site plan, as approved, which
is approximately ratio of 1 space per 438 square feet for all permitted uses;
2) No bufferyards are on the west and south due to existing pavement;
A variance to the driveway width and stacking depth has been requested with this
application.
At the February 6, 2007 meeting, the City Council asked the applicant to address the
following items:
Item Provided/Not Provided
1.Articulate north side of the building. Applicant is in agreement.
2.Provide building elevations or An architectural elevation has been
renderings of the articulated north provided (Attachment G, page 12)
façade.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and site plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Revised Site Plan Review Summary No. 2, dated April 25, 2007
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-512
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067), Dennis Killough (748-8072)
Case No.
ZA06-189
BACKGROUND INFORMATION
OWNER: James R. Stacy
APPLICANT: Vaughan Commercial Realty
PROPERTY SITUATION: 280 Commerce Street
LEGAL DESCRIPTION: Lot 2R, Block B, Commerce Business Park Addition
LAND USE CATEGORY: Industrial
CURRENT ZONING: “S-P-1” Detailed Site Plan District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District with “C-3” General Commercial
District and “I-1” Light Industrial District uses.
HISTORY: A Zoning Change and Site Plan for S-P-1 zoning were approved in
November of 1995.
P&Z ACTION: January 18, 2007; Approved (5-1)subject to Site Plan Review
Summary No. 2, dated January 12, 2007; to include restaurants as a
permitted use; granting the requested variances; and, removing two
most eastern parking spots in the north parking row.
COUNCIL ACTION: February 6, 2007; Approved first reading (6-0) subject to Site Plan
Review Summary No. 2, dated January 12, 2007, subject to the
recommendations of the Planning and Zoning Commission and requiring
the applicant to bring back additional drawings on second reading
depicting architectural features on the north side.
February 20, 2007; Approved to table until March 6, 2007.
March 6, 2007; Approved to table until March 20, 2007.
March 20, 2007; re-advertised and tabled until May 1, 2007.
May 1, 2007; Approved to table until May 15, 2007.
STAFF
COMMENTS: Attached is Revised Site Plan No. 2 dated April 25, 2007.
N:\Community Development\MEMO\2006cases\06-189ZSP.doc
Case No. Attachment A
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Case No. Attachment B
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Case No. Attachment C
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Case No. Attachment C
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SITE PLAN REVIEW SUMMARY
ZA06-189Two4/25/07
Case No.: Revised Review No.: Date of Review:
Site Plan
Project Name: – Southlake Design Center, 280 Commerce Street
APPLICANT: ENGINEER:
Vaughn Commercial Real Estate Oracle Engineering
Phone: (817) 329-5555 x 28 Chris Ferris Phone: (214) 321-1436
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/11/07 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 OR DENNIS KILLOUGH AT (817) 748-8069 BEN BRYNER
AT (817) 748-8602.
1.The following changes are needed to driveways and compliance with the Driveway Ordinance:
a.The maximum permitted driveway throat width of 40 feet. The new driveway configured at
(Variance Requested)
the north entrance and the existing driveway exceeds the maximum.
b.The minimum stacking depth required is 75 feet. Approximately 10 feet is provided on the
(Variance Requested)
north driveway and 28 feet on the south driveway
2.Label all entrances and exits to buildings
3.Under the most recent amendment to the Zoning Ordinance No. 480, a minimum 5’ sidewalk is
required along Commerce Street. Show and label all pedestrian walks/pathways connecting to the
sidewalk.
4.Label the type and height of screening for the trash dumpsters (8’ masonry to match exterior
building with metal gate is recommended). Trash enclosures must be at the side or rear of the
building.
5.The following changes are needed with regard to the architectural elevations:
a.Label the type of exterior material to be used.
b.For the north elevation to comply with articulation it must be off-set vertically a minimum
of 15% of the wall height.
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.
Case No. Attachment D
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* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
ZA06-189
* Place the City case number “" in the lower right corner.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
65 & 75
It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone
and will require construction standards that meet requirements of the Airport Compatible Land
Use Zoning Ordinance No. 479.
* Denotes Informational Comment
Case No. Attachment D
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Surrounding Property Owners
Southlake Design Center
SPO #
Owner Zoning Land Use Acreage
Retail Commercial
1.
Anderson, Stephen P I1 0.648
Retail Commercial
2.
Holbrook, Thomas M & Lori S SP1 0.751
Industrial
3.
275 Comerce Ltd SP1 2.004
Industrial
4.
P & P Management SP1 2.153
Industrial
5.
Mannhart, Edwin I1 1.757
Industrial
6.
Rozes, Peter & Kerry I1 1.221
Industrial
7.
Big L Inc I1 1.3
Industrial
8.
Commerce Business Park Jv I1 3.95
Retail Commercial
9.
Stacey Real Estate Partner Ltd SP1 2.554
Industrial
10.
Stacy, James R & Diane SP1 4.049
Industrial
11.
Marvin, H K I1 0.935
Industrial
12.
Ram Interests Lp I1 1.038
Industrial
13.
Bbj & E Ltd I1 1.989
Industrial
14.
Akp Management Llc I1 1.442
Industrial
15.
Amar Saini Corp I1 1.66
Case No. Attachment E
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Industrial
16.
Wang, Jeff (Chaur-Tarng) I1 0.769
SPO #
Owner Zoning Land Use Acreage
Industrial
17.
Harbor Town Partners Lp I1 0.808
Industrial
18.
Market Loop Ltd I1 0.675
Industrial
19.
Rainier Southlake Dst I1 1.634
Industrial
20.
Tri Dal Excavation & Utilities SP1 6.669
Industrial
21.
Taylor, Henry A & Carole F I1 0.909
Industrial
22.
Pack, Leon Tr I1 0.948
Industrial
23.
Four Star Investments I1 0.994
Industrial
24.
Rainier Southlake Dst I1 1.634
Industrial
25.
Pima Properties Inc I1 0.706
Industrial
26.
Rainier Southlake Dst I1 0.718
Industrial
27.
Rainier Southlake Dst I1 0.734
Industrial
28.
Rainier Southlake Dst I1 0.724
Industrial
29.
Slj Commerce/Exchange Ltd I1 0.742
Industrial
30.
Rainier Southlake Dst I1 0.647
Industrial
31.
Shurgard/Fremont Partners 11 S-P-2 4.673
Retail Commercial
32.
Kim, James S-P-2 0.578
Retail Commercial
33.
Coppell/Dtr Center Lp S-P-2 1.735
Case No. Attachment E
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Surrounding Property Owner Responses
Southlake Design Center
Notices Sent: Twenty-Eight (28)
Responses Receive: None (0)
Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-512
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 2R,
BLOCK B, COMMERCE BUSINESS PARK, AND BEING
APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1”
DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT TO ALLOW LIMITED “I-1” LIGHT INDUSTRIAL
DISTRICT AND “C-3”GENERAL 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 “S-P-1” Detailed Site Plan
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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,
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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 Lot 2R, Block B, Commerce Business Park, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7211, Plat Records,
Tarrant County, Texas, and being approximately 4.15 acres, and more fully and completely
described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan
District to allow limited “I-1” Light Industrial District and “C-3” General 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:
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1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a 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
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additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ 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 2R, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 7211, Plat Records, Tarrant County, Texas, and
being approximately 4.15 acres.
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Exhibit “B”
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