Item 7C
Department of Planning & Development Services
S T A F F R E P O R T
December 12, 2007
ZA07-087
CASE NO:
Zoning Change and Site Plan for Mendez L.T.D.
PROJECT:
REQUEST: On behalf of Mendez Ltd., Blake Architects is requesting approval of a zoning
change and site plan from “AG” Agricultural District to “S-P-1” Detailed Site
Plan District with “O-1” Office District uses. The plan proposes the
development of a single-story medical office building of 18,558 square feet on
approximately 2.28 acres.
The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted
uses and development regulations with the following exceptions:
The bufferyard along the east property line shall not be required
The bufferyard along the south property line adjacent to the north property
line of the adjacent lot to the west shall not be required.
A total of 113 parking spaces will be required (equal to a 10% reduction)
The 8-foot screening device will not be required along the east property
line.
The following variances are being requested:
Driveway spacing – The minimum driveway spacing required is 500 feet
between driveway centerlines for full-access drives on E. Southlake
Boulevard (FM 1709). The applicant is requesting a distance of ±186 feet
to the off-site driveway to the east. (Driveway Ord. No. 634, Section 5.1)
Case No.
ZA07-087
Consider first reading for a zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Exhibit
Site Plan Review Summary No. 5, dated November 30, 2007
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) SPIN Meeting Report – December 3, 2007
(I) Ordinance No. 480-544
(J) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA07-087
BACKGROUND INFORMATION
OWNER: Mendez Ltd.
APPLICANT: Blake Architects
PROPERTY SITUATION: 918 E. Southlake Blvd.
LEGAL DESCRIPTION: Tract 3D3A, situated in the W.W. Hall Survey, Abstract No. 695
LAND USE CATEGORY: Office Commercial and Medium Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: No development activity has occurred on this site. A home currently
exists on the tract and is proposed to remain at this time.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Southlake Boulevard to
have 130 feet of right-of-way. Adequate right-of-way exists for this
road.
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly onto E. Southlake
Boulevard. The drive is proposed to be a full-access drive. However,
the existing off-site drive to the west is proposed to be converted to a
right-in/right-out drive. Common access easements are also proposed
to provide access to both the east and west.
E. Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two-way, center left turn lane.
May, 2006 traffic counts on E. Southlake Blvd (between Byron
Nelson & Carroll Ave)
24hr 21,518)22,913
West Bound (WB) ( East Bound (EB) ()
WB 1,1502,227
Peak A.M. () Peak P.M. () 5 – 6
11:15 – 12:15
EB 2,0941,609
Peak A.M. () 6:45 – 7:45 Peak P.M. () 3 – 4
The City of Southlake has recently undergone a study to determine the
location and design for medians along Southlake Boulevard. A median
opening with the potential for a traffic signal is proposed in the area of
Case No. Attachment A
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the site. The applicant has aligned the proposed drive in the location
of the median opening and with a conceptual street on the south side
of E. Southlake Boulevard.
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Medical Office 18,558 670 36 9 18 50
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on E. Southlake Boulevard.
PATHWAYS
MASTER PLAN: The Southlake Pathways Master Plan shows an 8-foot multi-use trail
proposed on the north side of E. Southlake Boulevard. The trail is
shown on the site plan.
WATER & SEWER: A 12-inch water line exists along the north side of E. Southlake
Boulevard. A 6-inch sanitary sewer line also exists along the north
side of E. Southlake Boulevard.
DRAINAGE ANALYSIS: Drainage on the site is primarily directed to the southwest corner to a
proposed detention pond.
TREE PRESERVATION: There are only seven (7) trees shown to exist within the interior of the
lot and all are shown to be removed except a 6” Post Oak that is within
the west bufferyard and shown to be “Borderline” protected. A 22” Post
Oak could be preserved if the three parking lot spaces in the northwest
corner were not needed for required parking.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
Case No. Attachment A
ZA07-087 Page 2
The land use designation is Office Commercial and the proposed
development is consistent with this designation.
Southlake Pathways Plan Recommendations
The required 8 foot multi-use trail along Southlake Boulevard is shown
on the plan.
P&Z ACTION: December 6, 2007; Approved (6-1) subject to Site Plan Review
Summary No. 5, dated November 30, 2007; approving requested
variances for parking and driveway spacing.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 5, dated November 30,
2007.
N:\Community Development\MEMO\2007cases\07-087ZSP.doc
Case No. Attachment A
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Case No. Attachment B
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“S-P-1” Letter
Case No. Attachment C
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Variance Letter
Case No. Attachment C
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Site Plan
Case No. Attachment C
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Building Elevations
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Tree Conservation Plan
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Landscape Plan
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Variance Exhibit
Proposing that a total of 113 spaces only be required
Proposing that no buffeyard
or screening be required
Driveway Spacing:
Req’d = 500 feet
Prov. = 186 feet
Proposing that no
buffeyard be required
Case No. Attachment D
ZA07-087 Page 1
SITE PLAN REVIEW SUMMARY
ZA07-087Five11/30/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: - Mendez Ltd.
APPLICANT: Mendez Ltd. ARCHITECT: Blake Architects
Skip Blake
1344 Lakeview Drive 1202 S. White Chapel Blvd, Suite A
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 329-0389 Phone: (817) 488-9397
Fax: Fax: (817) 251-3205
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/19/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602.
1. Provide the minimum driveway spacing between the proposed drive and the drives off-site in
either direction. A minimum distance of 500 feet is required between centerlines for full-
(A
access drives. The distance may be reduced to 250 feet for right-in/right-out drives.
variance has been requested for the distance to the drive to the east.)
Please verify
that TxDOT will be able to approve the drive.
2. Provide a development regulation in the “S-P-1” letter proposing that the required 8-foot
screening device next to residential property not be required.
3. The following changes are needed with regard to bufferyards and interior landscaping:
a. Correct the north bufferyard to a 10’ – Type “F-1” bufferyard. Correct the Bufferyard
Calculation Chart.
b. Correct the Bufferyard Calculation Chart and Interior Landscape Chart per the
Landscape Administrator’s comments below.
4. Show and label all proposed easements. Common access easements and utility easements
must be shown and labeled.
* A copy of the off-site CAE for the residential access to the adjacent property must be
submitted to the City.
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 E
ZA07-087 Page 1
* All development must comply with the City’s Drainage Ordinance No. 605 and detain
all post development run-off.
* The proposed site does not exceed the maximum permitted impervious coverage area
percentage of 65% for the "O-1" Zoning District. The impervious coverage area percentage
of this is approximately 65%.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* 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
WATER AND SANITARY SEWER COMMENTS:
* TxDOT approval is required for all connections to utilities in the TxDOT ROW.
DRAINAGE COMMENTS:
* The difference between pre and post development runoff shall be captured in the detention
pond(s). The proposed detention ponds shall control the discharge of the 5, 10 and 100
year storm events.
* This property drains into Critical Drainage Structure 23 and requires a fee to be paid
prior to beginning construction. ($309.83 / Acre)
* 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) 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.
* An access permit from TxDOT is required prior to construction of a driveway on FM
1709, FM 1938 or SH 114. Submit application and plans directly to TxDOT for review.
* A ROW permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be
approved by the City Council prior to any construction of public infrastructure.
Construction plans for these improvements must be approved by Public Works prior to
placing the Developer’s Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
Case No. Attachment E
ZA07-087 Page 2
* This review is preliminary. Additional requirements may be necessary with the
review of construction plans.
*=Denotes informational comment.
Tree Preservation – Landscape Administrator
TREE CONSERVATION COMMENTS:
1. There are only seven (7) trees shown to exist within the interior of the lot and all are shown
to be removed except a 6” Post Oak that is within the west bufferyard and shown to be
“Boarderline” protected. A 22” Post Oak could be preserved if the three parking lot spaces in
the northwest corner were not needed for required parking.
BUFFERYARDS:
1. The applicant is proposing a 10’-A type bufferyard along the north property line adjacent to
the property to the north which is shown to be currently zoned Agricultural/Medium Density
Residential. A 10’-F1 type bufferyard would normally be required adjacent to
Agricutural/Medium Density Residential zoned property.
1. The applicant is requesting a variance to omit the east 5’-A bufferyard along the east
property line and the south 5’-A bufferyard adjacent to the north parking lot area of the
existing building, Building “A”.
USE OF BUFFERYARDS – A bufferyard may be used for passive recreation, such as
pedestrian, bike, or equestrian trails, provided that: (a) no plant material is eliminated; (b)
the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance
are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables,
swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or
trash dumpsters.
If a variance is provided to omit the two bufferyards it is recommended that the plant
material required for the length of the two bufferyards be provided elsewhere on the
development site.
LANDSCAPE SUMMARY CHART:
1. The plant material shown to be Required and Provided within the North bufferyard is
incorrect. Please provide the at least the minimum amount of plant material required for the
length and type of the bufferyard.
2. The plant material calculations shown in the Interior Landscape Chart and Bufferyard
Landscape Chart provided on the Landscape Plan do not match the landscape charts
provided on the Site Plan. Please make sure that all portions of the landscape calculations
match and that the landscape plan conforms to the required calculations.
Case No. Attachment E
ZA07-087 Page 3
LANDSCAPE PLAN:
1. The Interior Landscape Summary Chart plant material calculations provided on the
Landscape Plan are incorrect. Based on the required interior landscape area the minimum
amount of plant material required is as follows. Please correct the interior landscape plant
material calculations.
Landscape % of Area In Canopy Accent Shrubs Ground Seasonal
Area Front & Side Trees Trees Cover Color
Require9,776 75% (6,959 19 39 244 1,466 196
d SF)
2. The north bufferyard type and plant material calculations are incorrect. The required
bufferyard is a 10’-F1 bufferyard and a 20% reduction in plant material cannot be taken
because the bufferyard width is not 20’ for full length of the bufferyard.
3. The 58.75’ west bufferyard type and plant material calculations are incorrect. The west
bufferyard is required to be a 10’-F1 bufferyard.
4. The 272.81’ south bufferyard length and plant material calculations are incorrect. The total
distance of the south lot line and required bufferyard is 191.53’.
Southlake 2025 – Comprehensive Plan
Consolidated Land Use Plan Recommendations
The land use designation is Office Commercial and the proposed development is consistent with
this designation.
Southlake Pathways Plan Recommendations
The required 8 foot multi-use trail along Southlake Boulevard is shown on the plan.
Case No. Attachment E
ZA07-087 Page 4
Surrounding Property Owners
Mendez LTD.
SPO #
Owner Zoning Land Use Acreage
Medium Density Residential
1.
Minor, Jason B Etux Stephenie SF20A 0.619
Medium Density Residential
2.
Ferris, Kristopher Etux Tanya SF20A 0.668
Medium Density Residential
3.
Kim, Justin Bruce SF20A 0.471
Medium Density Residential
4.
Capello, Juan J SF20A 0.495
Medium Density Residential
5.
Yeager, Matthew Etux Karen SF20A 0.477
Medium Density Residential
6.
Lucena, Jose Edgar Etux Maria SF20A 0.49
Medium Density Residential
7.
Sell, Marilyn G SF20A 0.592
Medium Density Residential
8.
Sullivan, Stephen Etux Sandra SF20A 0.46
Office Commercial
9.
Greenway Crestwood Partners SP2 2.414
Office Commercial
10.
East Southlake #1 Ltd SP1 1.874
Medium Density Residential
11.
Stout, Christopher A Etux Deni SF20A 0.623
Medium Density Residential
12.
Mattlage, Mark SF20A 0.493
Medium Density Residential
13.
Teague, Amanda Etvir Jeffrey T SF20A 0.43
Medium Density Residential
14.
Debaro, James W Jr SF20A 0.437
Medium Density Residential
15.
Slavik, William Etux Kimberlee SF20A 0.436
Medium Density Residential
16.
Akers, Diane Etvir Thomas SF20A 0.43
Medium Density Residential
17.
Naugher, Loran Jr & Nan T SF20A 0.433
Medium Density Residential
18.
Blair, Randell T SF20A 0.481
Medium Density Residential
19.
Mendez Ltd AG 3.206
Medium Density Residential
20.
Strunck, Juergen F Etux Gisela AG Office Commercial3.275
Medium Density Residential
21.
Mendez Ltd SF1-A Office Commercial3.401
Medium Density Residential
22.
Mendez Ltd AG Office Commercial7.998
Medium Density Residential
23.
Vision SW Silverlake Llc C3 0.551
Medium Density Residential
24.
Vision SW Silverlake Llc C3 2.819
Medium Density Residential
25.
Vision SW Silverlake Llc AG 4.215
Case No. Attachment F
ZA07-087 Page 1
Medium Density Residential
26.
Rcp Southlake Blvd #2, Ltd AG 16.34
Case No. Attachment F
ZA07-087 Page 2
Surrounding Property Owner Responses
Mendez LTD.
Notices Sent: Twenty-six (26).
Responses Received: One (1).
Marilyn Sell (SPO #7),
● 808 Cross Lane, submitted a Notification Response Form in
Opposition
on December 3, 2007 (see attached).
Case No. Attachment G
ZA07-087 Page 1
Case No. Attachment G
ZA07-087 Page 2
SPIN MEETING REPORT
CASE NO. ZA07-087
PROJECT NAME: Mendez LTD
Medical Offices at 918 E. Southlake Blvd
SPIN DISTRICT: 10
MEETING DATE: Monday, December 3, 2007 at 6:00PM
MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE: Approximately 20
SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (9E) and Vic Awtry (10)
APPLICANT(S) PRESENTING: Angelo Mendez, Skip Blake, Roger Hart, Keith Hamilton
STAFF PRESENT: Planner Clayton Comstock and Assistant to the City Manager Allison Ortowski
STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
EXECUTIVE SUMMARY
About ten (10) residents attended the citywide SPIN meeting for a proposed medical office building
on the north side of E. Southlake Blvd between Foxborough Ln and N. Carroll Ave. This “S-P-1”
Zoning Change & Site Plan proposal is for the development of a single-story medical office building
of 18,558 square feet on approximately 2.28 acres. The proposed building will match the
architectural style and color of the existing building immediately west of this site.
The development proposes to:
Provide a landscaped buffer between the property and the Foxborough residents to the
northwest;
Leave the remainder of the property undisturbed for the time being
Although many concerns were raised, none in attendance verbalized any major objections to the
development.
QUESTIONS & DISCUSSION
Is the assisted living development out of the plan?
QUESTION:
Yes; this plan is only for one single-story office building.
RESPONSE:
What is the long term plan for the other undeveloped tracts?
QUESTION:
We do not have any plans for the remaining portion of the property at this time.
RESPONSE:
Did the Planning & Zoning Commission request that you return with an integrated and
QUESTION:
comprehensive approach to developing this land when this property was
reconsidered?
What is the land use designation of the portion of this property that is proposed to be
QUESTION:
Case No. Attachment H
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developed with this application? Is the requested zoning compatible with the future
land use designation?
The proposed zoning does comply with the designated land use of “Office Commercial.”
RESPONSE:
The land use designation on the remainder (rear) of the property is “Medium Density
Residential.”
-- Answered by Staff
Is the greenbelt [buffer] required in order to obtain your minimum impervious
QUESTION:
coverage requirements or is it additional open space?
There is an existing drainage problem on Cross Lane and there was concern
CONCERN:
expressed that this development will increase the drainage onto residents living on
that street. Specifically, the existing pond at the rear of the subject property
overflows during heavy rains.
Can you grade the property to drain away from the adjoining properties?
QUESTION:
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 H
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-544
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
3D3A, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO.
695, BEING APPROXIMATELY 2.28 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON
THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
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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 I
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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 Tract 3D3A, situated in the W.W. Hall Survey, Abstract No. 695, and being
approximately 2.28 acres, and more fully and completely described in Exhibit “A”
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from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office
District uses, as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific conditions:
1.
SECTION 2.
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
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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
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
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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.
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
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ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tract 3D3A, situated in the W.W. Hall Survey, Abstract No. 695, and being approximately
2.28 acres.
*** insert m&b ***
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EXHIBIT “B”
“S-P-1” Letter
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Variance Letter
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Site Plan
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Building Elevations
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Tree Conservation Plan
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Landscape Plan
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Variance Exhibit
Proposing that a total of 113 spaces only be required
Proposing that no buffeyard
or screening be required
Driveway Spacing:
Req’d = 500 feet
Prov. = 186 feet
Proposing that no
buffeyard be required
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