Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
November 28, 2007
ZA07-106
CASE NO:
Zoning Change and Concept Plan/Site Plan for Kimball Lake Office Park
PROJECT:
REQUEST: On behalf of Vision Southlake Development, LLC, Sage Group, Inc. is
requesting approval of a change of zoning and concept plan/site plan from
“AG” Agricultural District to “S-P-2” Generalized Site Plan District with “O-1”
Office District uses. The plan proposes the development of an office park on
seven (7) lots totaling approximately 3.602 acres.
Under the “S-P-2” zoning, the applicant proposes the following permitted uses
and development regulations:
The development shall be limited to the permitted uses and development
regulations of the “O-1” Office District
The side setback shall be ten (10) feet between all internal lot lines only
The front setback for building F on Lot 6 shall be fifteen (15) feet
The shall be no bufferyard requirements along interior lot lines
No bufferyard shall be required along the west boundary of Lot 5 and the
south boundary of Lots 5 & 6
The maximum impervious coverage for the overall “S-P-2” boundary shall
be 65%; however, the maximum impervious coverage requirment shall not
apply to individual lots within the boundary
Required parking for all built uses shall be provided within the “S-P-2”
boundary; parking requirements for individual lots shall not apply
The following variances are being requested:
Driveway stacking – The minimum driveway stacking depth required is 75
feet. The applicant is requesting stacking depth of 32 feet for the north
drive. (Driveway Ord. No. 634, Section 5.2.d)
Driveway spacing – The minimum driveway spacing required is 250 feet
between driveway centerlines. The applicant is requesting a distance of
224 feet to the off-site driveway to the south and a distance of 107 feet to
Case No.
ZA 07-106
the nearest driveway to the north. (Driveway Ord. No. 634, Section 5.1)
Street frontage - All lots must have frontage on a street. The applicant is
requesting a waiver from this regulation for four (4) lots. (Subdivision Ord.
No. 483, Section 8.01.A)
At the November 20, 2007 City Council meeting, the following information was
requested to be addressed at the second reading:
Item Comments
1. requiring the applicant to show a new plan for the A revised site plan has been submitted and is
south building(s) pushed toward N. Kimball Avenue; included in Attachment C
2. requiring that the applicant must provide a sectional An exhibit has been submitted and is included in
view of the landscaping along Kimball; Attachment C
3. requiring that the applicant must revisit “meeting or A revised landscape plan has been submitted
exceeding” the landscaping requirements; and is included in Attachment C
4. and requiring that the applicant must provide lettering, A revised plan for the signage showing the text
color and landscaping exhibits for the proposed and color has been submitted and is included in
signage Attachment C
1. Conduct public hearing
ACTION NEEDED:
nd
2. Consider approval of 2 reading for zoning change and concept plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Site Plan Review Summary No. 4, dated November 28, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Meeting Summary Report
(H) Ordinance No. 480-537
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA 07-106
BACKGROUND INFORMATION
OWNER: Vision Southlake Development, LLC
APPLICANT: Sage Group, Inc.
PROPERTY SITUATION: 600 N. Kimball Avenue
LEGAL DESCRIPTION: A portion of Tract 3B, situated in the T. Mahan Survey, Abstract No.
1049, being approximately 3.602 acres
LAND USE CATEGORY: Mixed Use with the ECR–Employment Center Residential optional
designation
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “S-P-2” Generalized Site Plan District
HISTORY: There is no development history on this property. A home currently
exists on the northern portion of the property.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends N. Kimball Avenue to be a
4-lane, divided arterial street with 88 feet of right-of-way. Right-of-way
is shown on the plan and will be dedicated as part of the platting
process.
Existing Area Road Network and Conditions
The proposed development is proposing two (2) driveways onto N.
Kimball Avenue. All proposed lots are connected through proposed
common access easements.
North Kimball Avenue is currently a 2-lane, undivided roadway. Plans
for widening this section of N. Kimball Avenue have been approved
and construction should begin soon.
May 2006 traffic counts on N. Kimball Ave (between SH 114 and
Highland St)
24hr 5,2904,781
North Bound (NB) () South Bound (SB) ()
NB 298551
Peak A.M. () Peak P.M. ()
11:15—6:00—7:00PM
12:15AM
SB 468346
Peak A.M. () Peak P.M. ()
7:30 – 8:30
3:30 – 4:30 PM
Case No. Attachment A
ZA 07-106 Page 1
AM
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Office Park
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on N. Kimball Avenue.
PATHWAYS
MASTER PLAN: The Pathways Master Plan recommends an 8-foot multi-use trail along
the west side of N. Kimball Avenue. The trail is shown on the plan.
WATER & SEWER: A 12-inch water line exists along the east side of N. Kimball Avenue. A
12-inch sanitary sewer line exists along the west side of N. Kimball
Avenue.
DRAINAGE ANALYSIS: This site will drain to a temporary detention pond until such time as the
Gateway Church project is completed. The developers of these
projects have an agreement stipulating that the Gateway Church
project drainage facilities will account for drainage from the Kimball
Lake Office Park site. The proposed temporary detention pond will
detain storm water and release it into North Kimball Avenue until the
Gateway Church facilities are constructed.
TREE PRESERVATION: The submitted Tree Conservation Plan does not break down the
amount of existing tree canopy to be preserved and the percentage to
be removed. Instead, information is provided on the percentage of
existing trees that are proposed to be preserved and percentage
proposed to be removed. Across the entire site 75.81 % of the existing
trees are proposed to be preserved. In Phase 1 of the development all
of the existing trees are proposed to be removed.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The underlying designation is Mixed Use and the optional designation
is Employment Center Residential. Office uses are consistent with the
Mixed Use designation.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan
Recommendations
A 6 foot sidewalk is required along Kimball Avenue per the Southlake
Pathways Plan. The applicant is proposing an 8 foot trail along Kimball
Avenue.
Case No. Attachment A
ZA 07-106 Page 2
P&Z ACTION: November 8, 2007; Approved (7-0) Phase I only which specifically
excludes parcels A through E; approving variances for driveway
spacing; addressing stacking by removing 2 to 3 spots on the north
side; relocating the handicapped parking spot to the south driveway;
adding landscape island to the southeast parking row; limiting phase
one to 65% impervious coverage; granting street frontage variance;
and, subject to Site Plan Review Summary No. 3, dated November 2,
2007.
st
COUNCIL ACTION: November 20, 2007; Approved 1 reading (6-0) subject to the
recommendations made by the P&Z Commission; approving the
variance requests; subject to the elevations presented; requiring the
applicant to show a new plan for the south building(s) pushed toward
N. Kimball Avenue; stating that the north drive must be removed when
parcel ‘A’ is developed; only approving phase 1; requiring that the
applicant must provide a sectional view of the landscaping along
Kimball; requiring that the applicant must revisit “meeting or exceeding”
the landscaping requirements; and requiring that the applicant must
provide lettering, color and landscaping exhibits for the proposed
signage.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 2,
2007.
N:\Community Development\MEMO\2007cases\07-106ZCP.doc
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Case No. Attachment B
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Narrative Letter
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Previously Submitted Concept Plan / Site Plan
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“S-P-2” Letter
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Variance Letter
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Revised Concept Plan/Site Plan
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Variance Exhibit
Driveway Spacing:
Driveway Spacing:
Req’d = 250 ft
Req’d = 250 ft
Prov. = 107 ft
Prov. = 224 ft
Driveway Stacking:
Req’d = 75 ft
Prov. = 32 ft
*Requesting variance to regulation that all
Lots have street frontage for four (4) lots.
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Color Building Rendering
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Architectural Elevations (Buildings A & C)
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Architectural Elevations (Buildings B & D)
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Architectural Elevations (Buildings E & F)
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Fencing / Screening Exhibit
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Landscape / Parking Exhibit
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Revised Sign Exhibit
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Previously Submitted Tree Conservation Plan
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Revised Tree Conservation Plan
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Previously Submitted Landscape Plan
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Revised Landscape Plan
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SITE PLAN REVIEW SUMMARY
ZA07-106Four11/28/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: - Kimball Lake Office Park
OWNER: Vision Southlake Dev., LLC APPLICANT: Sage Group, Inc.
Steven Paulsen Curtis Young
1500 E. Southlake Blvd, Suite 200 1130 N. Carroll Ave, Suite 200
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 822-1470 Phone: (817) 424-2626
Fax: (817) 424-2890 Fax: (817) 424-2890
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/27/07 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 DENNIS KILLOUGH AT (817) 748-8072 OR BEN BRYNER AT
(817) 748-8602.
1. Label the building lines (front, rear & side) with the distance from the property line, i.e. 30’
front building line.
2. The following changes are needed with regard to ingress/egress to the site:
(A
a. Provide the minimum stacking depth of 75 feet from the connecting R.O.W.
variance has been requested.)
b. Provide the minimum spacing of 250 feet from the centerline of the proposed north
driveway to the centerline of the next driveway off-site to the north and from the
centerline of the proposed south driveway to the centerline of the next driveway off-
(A variance has been requested.)
site to the south.
(A variance has been requested.)
3. All lots must have frontage on a street.
4. Revise the architectural elevations for buildings E & F to match the footprint shown on the
site plan.
* The parking provided for the site (120 spaces) provides for no medical office in the
development. This is based on 8 spaces for the 1st 1,000 sq. ft. and 1 space per 300 sq. ft.
on the additional building area for 100% general office. Medical office is 1 space per 150 sq.
ft. on the additional building area.
* Prior to receiving a building permit, a copy of the filed shared parking, cross-access, and
shared maintenance agreement must be received by the City. The maintenance agreement
should include provisions for fire lanes and trash enclosure/use.
Case No. Attachment D
ZA 07-106 Page 1
INFORMATIONAL COMMENTS
* All development must comply with the City’s Drainage Ordinance No. 605 and detain
all post development run-off.
* 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.
* 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.
Public Works – Engineering
DRAINAGE COMMENTS:
1. The preliminary drainage plan refers to the drainage plan prepared for the Kirkwood Road
extension project. These tracts do appear on the preliminary drainage plans for the
Kirkwood project, however the Kirkwood drainage plan does not include drainage
coefficients for these tracts consistent with the type of development being proposed (i.e.,
office / commercial). The applicant has agreed to coordinate drainage plans with the
Gateway Church project
2. The preliminary grading plan shows a temporary detention facility and makes reference to
future drainage improvements that will serve this development and will be constructed with
the Gateway Church project. The applicant has agreed to provide a written agreement with
gateway Church that acknowledges this arrangement. At this time, the agreement has not
been provided to this office.
* This property drains into Critical Drainage Structures 14 and 15 and requires a fee to be
paid prior to beginning construction. ($220.80 / Acre for structure 14 and $406.50 / Acre
for structure 15).
* The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
Case No. Attachment D
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INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist 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.
* A ROW permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be
approved by the City Council prior to any construction of public infrastructure.
Construction plans for these improvements must be approved by Public Works prior to
placing the Developer’s Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the
review of construction plans.
*=Denotes informational comment.
Landscape Administrator
TREE CONSERVATION COMMENTS:
1. The submitted Tree Conservation Plan does not break down the amount of existing tree
canopy to be preserved and the percentage to be removed. Instead, information is provided
on the percentage of existing trees that are proposed to be preserved and percentage
proposed to be removed. Across the entire site 75.81 % of the existing trees are proposed
to be preserved. In Phase 1 of the development all of the existing trees are proposed to be
removed.
2. A Tree Preservation Analysis or Tree Conservation Plan shall be approved if it will preserve
existing tree canopy cover in accordance with the percentage requirements established by
Table 2.0 in Ordinance 585-C.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the Minimum percentage of the existing
entire site tree cover to be preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-
way as approved by City Council.
Please provide on the Tree Conservation Plan information regarding the total percentage of
tree canopy cover on the entire site and the proposed percentage of existing tree canopy
cover that will be preserved after total build-out of the development.
Case No. Attachment D
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LANDSCAPING:
1. On page 2 of the Phase 1 Site Plan & Pedestrian Access Plan, it states that both the
proposed bufferyard plant material and interior landscape plant material will meet or exceed
the minimum amount of plant material required to be provided. The proposed landscaping
as shown on the submitted Landscape Plan does not meet or exceed the minimum amount
of landscape plant material required to meet the interior landscape and proposed bufferyard
requirements for Phase 1 of the development. Please provide at least the minimum required
amount of plant material required to be provided for the development.
LANDSCAPE SUMMARY CHARTS:
1. Please breakdown the bufferyards within the Bufferyards Summary Chart by their location
on the proposed lots. North, South, East, West. It is alright to provide bufferyard calculations
for the entire Length of North Kimball Road but if the construction of the development will be
phased than the calculations for each lot bufferyard will need to be separate.
Southlake 2025 Comprehensive Plan
Consolidated Land Use Plan Recommendations
The underlying designation is Mixed Use and the optional designation is Employment Center
Residential. Office uses are consistent with the Mixed Use designation.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations
A 6 foot sidewalk is required along Kimball Avenue per the Southlake Pathways Plan. The
applicant is proposing an 8 foot trail along Kimball Avenue.
Case No. Attachment D
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Surrounding Property Owners
Kimball Lake Office Park
SPO MAP
SPO #
Owner Zoning Land Use Acreage
Mixed Use
1.
Kimball Road Lp I1 1.61
Medium Density Residential
2.
Martin Custom Homes Llc SF20A 1.085
Public / Semi-Public
3.
Txu Electric Delivery Co CS 2.547
Mixed Use
4.
Halim, Emil A MF1 0.959
Mixed Use
5.
Harris, Kimberly Susan SF1-A 0.951
Mixed Use
6.
Ekstrom, Delton E SF1-A 1.052
Mixed Use
7.
Coty, Rita SF1-A 0.911
Public / Semi-Public
8.
St Laurence Episcopal Church CS 5.354
Medium Density Residential
9.
Hillman, Luther L AG 3.94
Medium Density Residential
10.
579 Kimball Llc AG 8.105
Medium Density Residential
11.
Episcopal Diocese Of Ft Worth AG 1.026
Mixed Use
12.
Gateway Church NRPUD 8.593
Mixed Use
13.
Gateway Church NRPUD 6.614
Mixed Use
14.
Gateway Church NRPUD 48.972
Mixed Use
15.
Nci Building Systems I1 15.777
Mixed Use
16.
Vision Southlake Dev Llc AG 14.82
Case No. Attachment E
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Surrounding Property Owner Responses
Kimball Lake Office Park
Notices Sent: Sixteen (16)
Responses Receive: One (1)
Kimberly Harris (SPO #5),
700 Cherry Ct., submitted a Notification Response Form in
Opposition
on November 6, 2007 (see attached).
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Case No. Attachment F
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SPIN MEETING REPORT
CASE NO. ZA07-106
PROJECT NAME: Kimball Lake Office Park
SPIN DISTRICT: 6
MEETING DATE: September 10, 2007 – 6:30PM
MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE: Six (6)
SPIN REPRESENTATIVE(S) PRESENT: None
APPLICANT(S) PRESENTING: Curtis Young (Sage Group) and David Keener
STAFF PRESENT: Planner Clayton Comstock
STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
EXECUTIVE SUMMARY
Two residents attended the SPIN 6 meeting for
the proposed Kimball Lake Office Park on the
west side of N. Kimball Avenue between E.
Highland Street and SH 114. The 3.5-acre
property is adjacent to the recently approved
Gateway Church project on SH 114 and across Kimball from the recently approved Estancia
residential subdivision. The S-P-1 zoning and site plan proposal is for six single-story, Tuscan-
style office buildings with a shared courtyard for each pair of buildings. None in attendance
verbalized any major objections to the development.
Since this SPIN meeting was held, the scope of this project has increased from a 3.5-acre S-P-1
zoning request for an office development to a 14.45-acre S-P-2 zoning request with a mix of
proposed uses. See full Staff Report for updated information.
QUESTIONS & DISCUSSION
QUESTION: You mentioned this project will be built in phases; which buildings will be built
first?
RESPONSE: The southernmost two buildings and the southern building of the western pair will
be built first.
QUESTION: What uses are proposed?
RESPONSE: Professional offices.
QUESTION: Will the building style be similar to the professional offices on the west side of
Case No. Attachment G
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Carroll Ave between Southlake Blvd and SH 114?
What is the timing of this development in relation to the widening of N. Kimball
QUESTION:
Avenue and the development of Estancia, Gateway Church, and public
improvements related to those developments?
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.
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-537
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 A
PORTION OF TRACT 3B, SITUATED IN THE T. MAHAN SURVEY,
ABSTRACT NO. 1049, BEING APPROXIMATELY 3.602 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “AG” AGRICULTURAL DISTRICT TO “S-P-2” GENERALIZED
SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED CONCEPT PLAN/SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
Case No. Attachment H
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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
Case No. Attachment H
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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 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 a portion of Tract 3B, situated in the T. Mahan Survey, Abstract No. 1049, and
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being approximately 3.602 acres, and more fully and completely described in Exhibit
“A” from “AG” Agricultural District to “S-P-2” Detailed Site Plan District with “O-1”
Office District uses, as depicted on the approved Concept/Site Plan attached hereto
and incorporated herein as Exhibit “B”, and subject to the following specific
conditions:
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
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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.
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
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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.
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.
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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:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being a portion of Tract 3B, situated in the T. Mahan Survey, Abstract No. 1049, and being
approximately 3.602 acres.
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EXHIBIT “B”
Narrative Letter
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“S-P-2” Letter
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Variance Letter
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Revised Concept Plan/Site Plan
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Variance Exhibit
Driveway Spacing:
Driveway Spacing:
Req’d = 250 ft
Req’d = 250 ft
Prov. = 107 ft
Prov. = 224 ft
Driveway Stacking:
Req’d = 75 ft
Prov. = 32 ft
*Requesting variance to regulation that all
Lots have street frontage for four (4) lots.
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Color Building Rendering
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Architectural Elevations (Buildings A & C)
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Architectural Elevations (Buildings B & D)
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Architectural Elevations (Buildings E & F)
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Fencing / Screening Exhibit
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Landscape / Parking Exhibit
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Revised Sign Exhibit
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Revised Tree Conservation Plan
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Revised Landscape Plan
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