Item 8ACity of Southlake
Department of Planning
STAFF REPORT
April 27, 2005
CASE NO
ZA05 -022
PROJECT: Zoning Change and Concept Plan for The Shops at Southlake (Southlake
Central Park — Central Market)
REQUEST: South Carroll /1709, Ltd., is requesting approval of a zoning change and concept plan. For
"S -P -2" zoning on property located at the southeast corner of E. Southlake Boulevard and S.
Carroll Avenue. The plan proposes approximately 250,000 square feet of retail, restaurant
and office development. The "S -P -2" zoning generally adheres to the "C -3" retail district
uses and regulations with the following exceptions:
Uses — Tires, batteries, auto accessories, commercial amusement centers, funeral homes, and
skating rinks shall not be permitted.
Development Regulations alter the following —
• Parking ratio of 5 per 1000 sq. ft. for all uses;
• Max building height of 50 ft.;
• Elimination of windows on 2nd floor of Bldgs. A -C;
• No pitched roof for buildings 6,000 sq. ft. or less;
• Min. 45 ft. building setback along Southlake Blvd. and min. 120 ft. along the south
boundary line of the development, the 4:1 slope setback shall not apply;
• Stucco type textured tilt -wall on rear of Bldg. A -C, color consist with fronts
(P & Z deleted);
• No screen wall for loading docks on Buildings A and C (P & Z deleted);
• Lighting fixtures to be similar to Town Square;
• No bufferyards on interior lot lines;
• 10 ft. tall evergreen plant screen adjacent to residential properties;
• Impervious coverage no greater than 75% for overall development, no limit on
individual lots within the development
ACTION NEEDED: Col
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
isider first reading for zoning change and concept plan
Background Information
Vicinity Map
Plans and Support Information
Concept Plan Review Summary No. 2, dated April 15, 2005
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -454
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (481 -2036)
Dennis Killough (481 -2073)
Case No.
ZA05 -022
BACKGROUND INFORMATION
OWNER: South Carroll / 1709, Ltd.
APPLICANT: Lawrence A. Cates & Assoc., LLP
PROPERTY SITUATION: The property is located at 425 S. Carroll Avenue; on the southeast
LEGAL DESCRIPTION: Tract 7A, John A. Freeman, Abstract No. 529
LAND USE CATEGORY: Town Center
CURRENT ZONING: S -P -2 Generalized Site Plan District
REQUESTED ZONING: S -P -2 Generalized Site Plan District
HISTORY: A rezoning and concept plan for S -P -2 zoning was approved in May of 1996.
A revised concept plan was proposed in 1999 and deemed to be inconsistent
with the "S -P -2" zoning by the Southlake Zoning Board of Adjustments.
TRANSPORTATION
ASSESSMENT: See Attachment `D', Pages 3 through 9 for traffic assessment summary and
recommendations.
WATER & SEWER: A 20" water transmission main exists along the south line of E. Southlake
Boulevard. Water service to this property will be provided from the 12"
water line also on the south side of E. Southlake Boulevard and 12' line
along the east side of S. Carroll Avenue.
The proposed sanitary sewer will be connected to an existing 10" line located
in S. Carroll Avenue.
DRAINAGE ANALYSIS: Most of the site drains south and west with a small section draining to
Southlake Blvd. Offsite drainage from the north and east that pass thru this
site will be enclosed in a box culvert and or storm sewer pipe. The
development is proposing three detention ponds and a detention / retention
pond to capture the post development runoff produced by the development of
this site in accordance with Drainage Ordinance 605.
P &Z ACTION: April 21, 2005; Approved (6 -0) subject to Concept Plan Review Summary
No. 2, dated April 15, 2005, with the following conditions:
1. Subject to attachment C of the city staff report with the following
deletions: #6 — deferring final decision regarding the building
facades until the site plan stage. #7 — deferring final decision
Case No. Attachment A
ZA05 -022 Page 1
regarding 10 foot walls on the south side of buildings A and C until
the site plan stage;
2. Subject to review with the exception of driveway D; variance no
longer needed since that is going to be a right in / right out;
3. Noting the applicant's willingness to have the concept plan approved
subject to having Central Market as its anchor tenant;
4. Noting the applicant will be providing in the southern bufferyard 120
31/2 inch caliper shade trees consisting of a mixture of two thirds live
oak and one third combination of cedar elm and red oak trees;
5. Noting the applicant's commitment to provide 164 10 foot red cedar
trees along the northern end of the swale which will run on the
southern 8 to 10 foot of the southern buffer;
6. Deferring a final decision on the most effective noise buffer until the
site plan stage, particularly along the area of property where the
delivery trucks will traverse;
7. Including a detention pond in the southeast corner of the southern
bufferyard;
8. Noting that the sidewalks shown on the west side of the property will
continue to the end of the bufferyard, along Carroll Avenue to the
entrance of Oak Tree Estates;
9. Incorporating the Mobility /Transportation in Southlake 2025
recommendations that staff has presented and discussed this evening;
10. Noting Central Market's willingness to further study delivery options
which will be discussed at the site plan stage.
STAFF COMMENTS: Concept Plan Review Summary No. 2 dated April 15, 2005 is included as
attachment `D' of this report.
M \Community Development \MEMO \2005cases \05- 022ZCP.doc
Case No. Attachment A
ZA05 -022 Page 2
Vicinity Map
The Shops a t So uthlake
(Southlake Central Park - Central Market)
Ljj LL�
NORTHWEST - p SWy EAST
1000 0 1000 2000 3000 Feet
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Case No.
ZA05 -022
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Attachment B
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"S -P -2" Generalized Site Plan District
for
Southlake Central Park
April 4, 2005
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No.
480, as amended, as it pertains to the "C -3" General Commercial District uses and regulations with the
following exceptions:
Permitted Uses
The following uses shall not be permitted:
Tires, batteries and automobile accessory sales, provided that such activities occur
entirely within the confines of the business structure itself.
2. Commercial amusement center and bowling alleys where the activity is for indoor
operations and activities only, including indoor driving ranges and indoor miniature golf
courses.
Mortuaries, funeral homes and undertakers.
4. Skating rinks, ice and roller (indoor only).
Development Regulations:
A parking ratio of 5 spaces per one thousand (1,000) square feet of floor area, regardless
of use, shall be provided.
2. Building height shall be limited to two stories and shall not exceed 50' in height.
Second story, south facing, windows will not be allowed for buildings A, B and C.
4. Delete the pitched roof requirement from section 43.9.c.1 (b) and section 43.13.a.2 for
structures less than 6,000 s.f.
Building setback along FM 1709 shall be a minimum of 45' from the existing right of
way and shall be a minimum of 120 feet from the south boundary line; the 4:1 slope
setback adjacent to single family residential properties shall not apply.
6. Amend section 43.9.c.1. (a) and 43.13.a (1) to include the following statement:
The south fagade of buildings A, B and C are exempt from the requirement to be
constructed of the "same materials" as the other building facades. The south fagade of
buildings A, B and C are permitted to be constructed of primarily texture coated concrete
Case No.
ZA05 -022
Attachment C
Page 2
tilt wall. Texture shall be similar to a stucco appearance & color shall be consistent with
the other facades of the buildings. Upper areas of this fagade to be enhanced by
architectural detailing such as cornices & reveals.
7. Due to the extent of the buffer along the south property line, loading areas for Buildings
A &C are exempt from the requirements to be screened with a 10' wall.
8. Site lighting shall be similar to street lighting fixtures installed in Southlake Town Square
and as described in the Downtown District Design Guidelines of the City's
Comprehensive Zoning Ordinance No. 480, Section 37, as amended.
9. Interior lot lines are not required to have bufferyards.
10. Screening requirement adjacent to residential shall be met with a 10' tall evergreen
planting screen.
11. Impervious coverage of the overall zoning and concept plan boundary shall not exceed
75 %. However, there shall be no maximum impervious coverage for individual platted
lots within the overall zoning and concept plan boundary.
Case No.
ZA05 -022
Attachment C
Page 3
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LAOS -022
RECD APR 14. 2005
THE SHOPS OF
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Case No. Attachment C
ZA05 -022 Page 7
ARR -04 -2005 17:2
CENCOR REALTY SERVICES
David C. Palmer
Executive Vice President
Via fox (817) 481 -1097 and mail
April 4, 2005
Mr. Kenneth Baker
Director of Planning
City of Southlake
1400 Main Street, Suite 310
5outhlake, Texas 76092
Re: Shops of Southlake
Case No. ZA05 -022
Dear Mr. Baker:
dpalmL-r@r,encofrealty.com
PUrguant to the Concept Plan Review Summary dated March 28, 2005, and to our March 31 meeting,
Applicant requests a variance for Driveways 8 through E of the Concept Plan from the minimum stacking
depth. We submit respectfully that the circulation within the development and the number of paints of
entry/exit address the concerns underlying the ordinance requirement.
Applicant also requests relief from the minimum distanca between driveways on 5outhlake Boulevard
between Driveways D and E and between Driveway E and the controlled intersection at the Harris
Hospital site to the east, Pursuant to the reasons set forth i,t the TIA filed with this Application, we
respectfully submit that the driveways as set Forth on the Concept Plan satisfy the purposes of the
ordinance.
Thank you for your continued attention to this marten.
By . l L.
id C, Palmer
Executive Vice President
Sincerely yours,
South Carroll/1709, Ltd.
By Cencor Realty Services, Inc., Agent
ee: Gary DeVleer (via fax 972 -960 -1129)
Larry Cates (via fax 972.980 -1627)
Mike Starek (via fax 972 -484 -4545)
Dave Baldwin (via fax 1 372- 509 -1269)
]ennifer Tindel
3102 Mapla Avenue guile 500 Dallas, Texas 75201
RECD APR 04 2005
254 954.6300 tax 214,95.0050
vAvw.Cencar&84Lbj.coM
concur RealfY Se-cas is the manage monf and CI Wplrrman Manapamenf corQnralion. P
redlanal reaav carwiar,on w1vo? also does busyness erpMW 1! ICS brokerage division, The weutrnaa Group.
P.01 /01
TOTAL P.111
Case No. Attachment C
ZA05 -022 Page 8
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA05 -022 Review No.: Two Date of Review: 04/15/05
Project Name: Zoning and Concept Plan — for "S -P -2" zoning, Shops of Southlake
APPLICANT: David Palmer
S. Carroll /1709, LTD
Phone J214) 954 -0300
ARCHITECT: Gary DeVleer
Hodges & Associates, P.L.L.C.
13642 Omega
Dallas, TX 75244
Phone : (972) 3 87 -1000
Fax J972) 960 -1129
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/06/05 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748 -8072.
* The applicant requests approval of the "S -P -2" zoning uses and regulations as proposed in
attachment `C' of this staff report.
1. The following changes are needed with driveways:
a. A minimum stacking depth of 150 feet is required measured from the ROW line to the first
intersecting drive lane or parking space. Driveways B -E do not comply as follows:
Driveway Stacking Required Stacking Provided
B 150'
101'
(Variance Requested)
C 150'
49'
(Variance Requested)
D 150'
66'
(Variance Requested)
E 150'
46'
(Variance Requested)
b. The minimum distance between driveways on Southlake Boulevard is 500 feet. Spacing
between Driveways D and E is 283 feet. (Variance Requested) If one of these drives is
designed as a Right in /Right out, specifically Drive D, the required distance is reduced to
250' and would then be in compliance.
C. All driveway entrances must have a minimum radius of 30 feet. Driveways on Carroll
Avenue are shown at 20'
2. Clearly label all pedestrian walks. Show and label the intended width of all sidewalks. A minimum
8' trail is required adjacent to Southlake Boulevard.
3. Label and show the location, type, and height of al walls, fences, and screening devices. Label the
existing and proposed screening adjacent to Oak Tree Estates.
Case No. Attachment D
ZA05 -022 Page 1
Specific comments and recommendations related to the Traffic Impact Analysis will be provided
prior to or at the scheduled Planning and Zoning Commission meeting.
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, and a site plan, landscape plan, irrigation plan, and building
plans, must be submitted for approval and all required fees must be paid. This may include but not
be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap
Fees, and related Permit Fees.
This site falls within the applicability of the residential adjacency standards as amended by
Ordinance 480 -CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor
Overlay Zone regulations in Section 43, Part IL Although no review of the following issues is
provided with this concept plan, the applicant must evaluate the site for compliance prior to
submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning
Commission and City Council prior to issuance of a building permit. Note that these issues are
only the major areas of site plan review and that the applicant is responsible for compliance
with all site plan requirements:
• Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No.
557, as amended.
• Roof design standards per § 43.13b, Ordinance 480, as amended
• Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended.
• Vertical and horizontal building articulation (required on all building facades) per §43.13d,
Ordinance 480, as amended.
• Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as
amended.
• Spill -over lighting and noise per §43.131 and §43.13j, Ordinance 480, as amended.
• Off - street parking requirements per §3 5, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance
No. 480, as amended.
• Screening as per §39.4, Ordinance 480, as amended.
• Interior landscaping per Landscape Ordinance No. 544.
• Fire lanes must be approved by the City Fire Department.
* Denotes Informational Comment
M',Community Development \REV \2005 \05- 022zcpl.doc
Case No.
ZA05 -022
Attachment D
Page 2
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1901 ,. C21rtOU AVCHue
o11thlake
Town
LS (Iuare
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Proposed h ops
of Southlak
I _ _ � _ _ I
Ceiatral Avenue
1-WI 1709 (Soutirlalce H;Vd.
w C
LAND USE
AM
PM
24 -HOUR
PEAK
PEAK
IN
OUT
TOTAL
IN
OUT
TOTAL
TOTAL
Retail
113
72
185
361
391
752
8,130
131,900 s
Market
221
141
362
374
360
734
6,332
73,800 s
Drive -In -Bank
45
33
78
102
102
204
1,578
(4- drive -in -
lanes
Sit -Down
36
33
69
40
26
66
762
Restaurant
6,000 s
Sit -Down
36
33
69
40
26
66
762
Restaurant
6,000 s
Sit -Down
24
22
46
27
17
44
508
Restaurant
4,000 s
Sit -Down
24
22
46
27
17
44
508
Restaurant
4,000 s
TOTAL
499
356
855
971
939
1,910
18,580
ESTIMATED SITE - GENERATED ONE -WAY TRIPS
Source: Institute of Transportation Engineers' Trip Generation Manual, 7th
Edition
Case No.
ZA05 -022
Attachment D
Page 4
N
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XX _ 24-hour
Im
FM 1709 (South lake 'Blvd.)
Proposed Shops
of South lake
Z,323 i
South Car.roU Avenue
outhlak
Town
Square
Central Awnwie
JA57
ADDED 24 -HOUR DEVELOPMENT TRIPS -BUILD OUT
Case No.
ZA05 -022
Attachment D
Page 5
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Additional Recommendations
• Request TXDOT to conduct a timing analysis at the traffic signal at FM 1709 and Carroll.
• Submit a CIP request for FY 2005 -06 for the ultimate construction of Carroll Ave. from
Continental Blvd. to FM 1709.
Case No.
ZA05 -022
Attachment D
Page 9
Surroundin6 Property Owners
The Shops at Southlake (Southlake Central Park — Central Market)
2=A��
o
MAN s"f z
L4
`J`:
E
F_M_ 9709
Owner
Zoning
Land Use
Acreage
1. Prade, C A & Anita
"AG"
Medium Density Resid.
18.059
2. Greenway- Southlake Off. Prtn
"S -P -1"
Town Center
0.512
3. Southlake Venture
"DT"
Town Center
4.331
4. SI Central Venture 11 Lp
"DT"
Town Center
0.377
5. Southlake, City of
"DT"
Town Center
0.941
6. Town Square Ventures Lp
"DT"
Town Center
4.266
7. Pkb Enterprises Ltd
"DT"
Town Center
5.649
8. Cambridge 114 Inc
"S -P -2"
Office Commercial
12.622
9. Davis, James & Carole
"SF -20A"
Medium Density Resid.
0.468
10. Pellettieri, J & Barbara
"SF -20A"
Medium Density Resid.
0.464
11. Tompkins, James
"SF -20A"
Medium Density Resid.
0.462
12. Henning, Christian & Sandra
"SF -20A"
Medium Density Resid.
0.462
13. Blucher, Charles & Susan
"SF -20A"
Medium Density Resid.
0.462
14. Waychoff, John & Carla
"SF -20A"
Medium Density Resid.
0.462
15. Thompson, Bryan & Barbara
"SF -20A"
Medium Density Resid.
0.531
16. Drake, Thomas & Donna
"SF -20A"
Medium Density Resid.
0.634
17. Griffith, Lesli & M
"SF -20A"
Medium Density Resid.
0.793
18. Newlin, Patricia
"SF -20A"
Medium Density Resid.
0.465
19. Johnson, Steven & Susan,
"SF -20A"
Medium Density Resid.
0.496
Case No.
Attachment E
ZA05 -022
Page 1
Clemons, Scott & Denise
20. Carkner, Philip & Ginny
"SF -20A"
Medium Density Resid.
21. Cravens, Charles &Jane
"SF -20A"
Medium Density Resid.
22. Poonawaia, Shiraz & Yasmeen
"SF -20A"
Medium Density Resid.
23. Ginn, John & Jody
"SF -20A"
Medium Density Resid.
24. South Carroll /1709 Ltd
"S -P -2"
Office Commercial
Case No.
ZA05 -022
0.698
0.540
0.506
0.573
29.114
Attachment E
Page 2
Surrounding Property Owner Responses
The Shops at Southlake (Southlake Central Park — Central Market)
Notices Sent: Twenty -three (23)
Responses: Six (6) from within the 200' notification area.
• Poonawala, Shiraz, 302 Lakeside Court, Southlake, Tx, 76092; opposed. See attached petition
received 4- 13 -05.
• Charles R. Cravens, Jr., 304 Lakeside Court, Southlake, Tx 76092; opposed. See attached
petition received 4- 14 -05.
• John Ginn, 300 Lakeside Court, Southlake, Tx 76092; opposed. See attached letter petition
4- 18 -05.
• MarkE. Griffith, 1210 Westmont Drive, Southlake, Tx 76092; opposed. See attached petition
received 4- 20 -05, and e -mail letter received 4- 25 -05.
• Thomas E. Drake, 1212 Westmont Drive, Southlake, Tx 76092; opposed. See attached petition
received 4- 20 -05.
• Chuck Blucher, 1218 Westmont Drive, Southlake, Tx 76092; opposed. See attached petition
received 4- 14 -05, and e -mail received 4- 21 -05.
Responses: One (1) from outside the 200' notification area.
• Jay Marsh, 1627 Mockingbird Lane, Southlake, Tx 76092; in favor. "Unfortunately, I cannot
make the P &Z meeting tomorrow night. As a result please enter my support for this project into
the record." (received 4- 20 -05)
Case No. Attachment F
ZA05 -022 Page 1
Property Owner Response Form
Refereit ce: LA CO S - O 0' a--
l
Seine; the owner(s) of the property so noted, do hereby favor / nppos circle or
underline one) the proposed rezoning of the above referenced pr erty.
Sw5gature Date
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 3 10
Southlake, Texas 75092
94-
r
N:1Community Development \WP- F[LESTORMSlofficial petidon.doc RECD APR I ') 2005
Case No. Attachment F
ZA05 -022 Page 2
Property Owner Response Form
Reference; Z C3 --
1, (Na /�'�
So L v,, �c -K.e T X
CA-
Being the owner(s) of the property so noted, do hereby favor 1 � (circle or
underline one) the proposed rezoning of the above referenced property.
S ignature
Return or Mail to:
e - ,
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
Date
RECD I P R 1 A 2005
NACommunity DevelopmentlWP- FILESIFORMSIufftcial petition.doc
Case No. Attachment F
ZA 05 -022 Page 3
Property Owner Response Fornt
Reference: ZA 0 S - O 'P Z,
j, 30�' w C t v�
Being the owner(s) of the property so noted, do hereby / oppose (circle or
underline one) the proposed rezoning of the above referenced property.
Signature
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
RECD APR 1 8 2005
N:1Community Development \WP- FILES\FORMS1off cial petition.doc
Tq
Date
�5
Case No. Attachment F
ZA 05 -022 Page 4
Z 04
Property Owner Response Form
Reference: ZA O S- - O a- 3--
12 / D we-c 7� o -, 7L
Being the owner(s) of the property so noted, do hereby favor J p ; circle or
underline one) the proposed rezoning of the above referenced property.
-nom
Signature Date
RECD APR 2 0' 2005
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
M\Commnnity Development lwP- FILESIFORMSIofficial petition.doc
Case No. Attachment F
ZA 05 -022 Page 5
Lorrie Fletcher
From: Jayashree Narayana
Sent: Monday, April 25, 2005 11:29 AM
To: Lorrie Fletcher; Ken Baker
Subject: FW: Ern2il sent from City of Southlake Web Site
Jayashree Narayana, AICP
Senior Manner,
Manning Department
City of Southlake
Southlake. TX 76092
(817) 748 -8070
- - - -- Original Message---- -
From: _
Sent: Friday, April 22, 2005 2:19 PM
To: Planning
Subject: Email sent from City of Southlake Web Site
Name: Mark Fxl—r —I r -4flrh
Phone: i
Email:
Comments: This message is intended for Ken Baker and any and all other planning and zoning committe
personel. My name is Mark Griffith, I reside at 1210 Westmont Drive. My property backs up directly
behind the proposed Central Market. I attended the p &z meeting on the 21 st of April. I did not speak
because of the late hour and quite frankly that is not my strong suit. I am not opposed to Central Market
coming to Southlake. I do beleive it would work much better is Central Market backed up to the hospital
instead of our residences. However, if it must go in it's proposed site we really need a solid wall 10' tall
behind the drive the trucks will be using at all hours of the day and night. Also a berm behind our
fenceline with the proposed trees on top would greatly enhance our site line and protect our propert
values and quality of life. I extend an open invitation to anyone on planning and zoning, city council or
H.E.B. to come to home and walk out back and look at this through actual eyes and not site plan or any
artists rendering. Thank you for reading this, Mark Griffith 817 - 800 -4802
EC`0 APR 2 5 N05
Case No.
ZA 05 -022
Attachment F
Page 5
4-
Property Owner Response Form
Reference: ZA _ p
/ Z ( 2
Being the owner(s) of the property so noted, do hereby /appose ircle or
underline one) the proposed rezoning of the above referenced property.
Signature Date
1 EUD APR 2 LI 2005
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
N \Community DevelopmentlWP- FILESTORMSIofficial petition.doc
Case No. Attachment F
ZA 05 -022 Page 6
Property Owner Response Form
Reference: ZA
(lutes A
Being the owner(s) of the property so noted, do hereby fervor / OPpase ircle or
underline one) the proposed rezoning of the above referenced property.
oqlzr1'ft
Signature
RECD APR 21 200
Return or Mail to.
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
Date
NACommunity D eve] opment \WP- F1LES\FORMSIoMcia; petition -doe F
2 6
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115 MPII in excem 01 lftc, poe+ gxnds eodcllrf e3 Mg mr child n err play°. This k�]lI ont y get worwe
S kFETY CO 1 t'1,RN =F' - (.anuet 1]55t kw °:1111[14 hi�.li va[ume of ad[jitiofji1 eau,5 ;hat ]hill bepwing
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Case No.
ZA 05 -022
Attachment F
Page 7
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -454
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
7A, SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT
NO. 529, AND BEING APPROXIMATELY 29.13 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2"
GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C -3"
GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON
THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential and other purposes, and to amend said ordinance and
map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with
a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Plan
Case No. Attachment G
ZA05 -022 Page 1
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area
immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare
of the vehicular and stationary lights and effect of such lights on established character of the neighborhood;
location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size
and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and
in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly requires the
amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original investment was
Case No. Attachment G
ZA05 -022 Page 2
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 7A, situated in the John A. Freeman Survey, Abstract No. 529, and being
approximately 29.13 acres, and more fully and completely described in Exhibit "A" from "S-
P-2" Generalized Site Plan District to "S -P -2" Generalized Site Plan District with limited "C-
3" General Commercial District uses, as depicted on the approved Concept Plan attached
hereto and incorporated herein as Exhibit "B ", and subject to the following specific
conditions:
Case No. Attachment G
ZA05 -022 Page 3
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 subj ect 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,
Case No. Attachment G
ZA05 -022 Page 4
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
Case No.
ZA05 -022
Attachment G
Page 5
additionally publish this ordinance in the official City newspaper onetime 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 , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
Case No.
ZA05 -022
Attachment G
Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA05 -022
Attachment G
Page 7
EXHIBIT "A"
Being Tract 7A, situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 29.13
acres.
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF TARRANT
BEING all that certain lot, tract or parcel of land situated in the City of Southlake,
Tarrant County, Texas, and being a part of a 29.516 acre tract of land conveyed
from W.E. Dalton and wife Dorothy L. Dalton, to South Carroll /1709, LTD., By deed
recorded in Volume 13242 at Page 76 of the Deed Records of Tarrant County, Texas,
and being more particularly described by metes and bounds as follows;
BEGINNING at a 112" iron rod found in the South right of way line of East Southlake
Boulevard (130 foot right of way) for the Northeast corner of said 29.516 acre tract
and also being the Northwest corner of Lot 1 in Block 1 of Garbutt Addition, an
addition to the City of Southlake, Texas, according to the plat thereof recorded in
Volume 388 -156 at Page 12 of the Plat Records of Tarrant County, Texas;
THENCE South 0' 13' 20" West along the West line of said Lot 1 in Block 1 of the
Gorbutt Addition for a distance of 95930 feet to a 1/2" iron rod found for the the
Southeast corner of said 29.516 acre tract and also being the Southwest corner of
said Lot 1 in Block 1 of the Garbutt Addition, and being in the North line of Lot 8
in Block 1 of Oak Hill Estates, an addition to the City of Southlake, Texos, according
to the plat thereof recorded in Cabinet ° ,4' at Slide 2122 of the Plat Records of
Tarrant County, Texas;
THENCE North 88 36' 13" West (Basis of Bearings per deed recorded in Volume
13242 at Page 76 of the Deed Records of Tarrant County, Texas) along the North
line of said Oak Hill Estates Addition for a distance of 1317.20 feet to a 1/2' iron
rod found in the East right of way line of South Carroll Avenue (54 foot right of
way);
THENCE North 0° 02' 50" West along he East right of way line of South Carroll
Avenue for a distance of 462.54 feet to a 1/2" iron rod found for corner, said point
being the beginning of a curve to the left having c central angle of 05' 49' 42" with
a radius of 835.00 feet and a chord bearing North 02' 57' 58" West at a distance
of 84.90 feet;
THENCE Northwesterly along said curve to the left and continuing along the East right
of way line of said South Carroll Avenue for a distance of 84.94 feet to a 1/2' iron
rod found for corner and being the beginning of a curve to the right having a
central angle of 03' 45' 22" with ❑ radius of 765.00 feet and a chord bearing North
04' DO' 08 West at a distance of 50.14 feet;
THENCE Northwesterly along said curve to the left and continuing to follow along the
East right of way line of said South Carroll Avenue for a distance of 50.15 feet to a
1/2" iron rod found for corner;
THENCE Notch 0' 03' 09" West and continuing along the East right of way line of
said South Carroll Avenue for a distance of 352.01 feet to a 112" iron rod found for
the cutoff line for the aforesaid East Southake Boulevard;
THENCE North 45 38' 51" East along said cutoff line for East Southlake Boulevard
for a distance of 13.97 feet to a 1/2" iron rod found for corner in the South right
of way line of East Southake Boulevard;
THENCE South 88' 37' 53" East along the South right of way line of said East
Southlake Boulevard for a distance of 1319.51 feet to the POINT OF BEGINNING AND
CONTAINING 29.1279 ACRES OF LAND, more or less.
Case No. Attachment G
ZA05 -022 Page 8
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