Item 8ACity of Southlake
Department of Planning
STAFF REPORT
March 31, 2004
CASE NO
ZA03 -094
PROJECT: Blue Haven Pools
REQUEST: On behalf of Z & E Land LLC /PC, Welch Engineering is requesting approval of a
zoning change and site plan.
ACTION NEEDED: Consider first reading for zoning change and site plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Background Information
Vicinity Map
Plans and Support Information
Site Plan Review Summary
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -433
Full Size Plans (1br Commissvion and Council Members Only)
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA03 -094
BACKGROUND INFORMATION
OWNER: Z & E Land LLC /PC
APPLICANT: Welch Engineering
PURPOSE: The purpose of this request is to receive approval of a zoning change and site
plan for construction of an additional ± 3,800 sq. ft. office building and
parking area on the lot.
PROPERTY SITUATION: 1621 E. Southlake Boulevard; on the southwest corner of E. Southlake
Boulevard and Miron Drive. A 6,200 sq. ft. office building currently exists on
the lot and is to remain.
LEGAL DESCRIPTION: Lot 5, Block 1, Miron Addition
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: "C -2" Local Retail Commercial District
REQUESTED ZONING: "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial
District uses.
HISTORY: -A final plat for the Miron Addition was approved by City Council on August
7, 1979.
-City Council approved rezoning to the "C -2" district with approval of Zoning
Ordinance No. 480 on September 19, 1989.
-A plat revision was approved by City Council on December 1, 1992.
-A site plan for renovation of the existing ± 6,200 sq. ft. office building was
approved by City Council on May 19, 1998.
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 roadway.
Existinz Area Road Network and Conditions
The proposed site will have one (1) full- access drive directly onto E.
Southlake Boulevard (F.M. 1709) and one (1) full- access drive directly onto
Miron Drive. The drive on E. Southlake Blvd currently exists. The drive
currently exists on Miron Drive as well and will be a shared drive with the
property to the south.
E. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous,
Case No. Attachment A
ZA03 -094 Page 1
two -way, center left -turn lane. The roadway will ultimately be widened to a
7 -lane roadway. Mixon Drive is a local level cul -de -sac only serving the
existing uses on the roadway.
May, 2003 traffic counts on E. Southlake Blvd (between Kimball Ave &
Carroll Ave
24hr
West Bound (WB) (22,204)
East Bound (EB) (22,761)
WB
Peak A.M. (1,277) 11 — 12 a.m.
Peak P.M. (2,067) 5 — 6 p.m.
EB
Peak A.M. (1,833) 7 — 8 a.m.
Peak P.M. (1,475) 5 — 6 p.m.
Traffic Impact
Use
Sq. Ft.
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM_
OUT
Office
3,800
42
5
1
1
5
Existing Office
6,186
68
8
1
2
8
Total
9,986
110
13
2
3
13
*Vehicle Trips Per Day
"The AM /PM times represent the potential number of vehicle trips generated during the peak
travel times on Southlake Boulevard.
PATHWAYS MASTER
PLAN: According to the Master Pathways Plan, an 8' multi -use trail is required along the
south side of E. Southlake Blvd. The trail is shown on the site plan.
WATER & SEWER: A 12 -inch water line exists along the south side of E. Southlake Blvd. A 6-
inch sanitary sewer line exists along the west side of Miron Drive and along a
portion of the south side of E. Southlake Blvd.
TREE PRESERVATION: It seems that the applicant is making a good -faith effort to preserve as many
of the existing trees on the property as possible.
P &Z ACTION: March 4, 2004; Approved to Table on Consent (6 -0) to March 18, 2004.
March 18, 2004; Approved (6 -0) subject to Site Plan Review Summary No. 3,
dated March 12, 2004; providing the driveway onto Southlake Boulevard is
converted to right in only; dropping 8 parking spaces; requiring stone in place
of the cement block; and remove the impervious coverage provision for
individual lots.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 12, 2004.
Under the "S -P -1" Detailed Site Plan District zoning the applicant proposes
all "C -2" local retail district uses and regulations with the following
exceptions:
• Maximum Impervious Coverage — The maximum impervious coverage for
Case No. Attachment A
ZA03 -094 Page 2
the site as a whole shall not exceed 76% of the total existing lot area of
Lot 5, Block 1, Miron Addition. If Lot 5, Block 1 of Miron Addition is
subdivided to allow each of the two buildings on its own lot, the new lots
shall not individually be subject to the impervious coverage requirement.
• Bufferyards — The portion of the north bufferyard east of the existing
drive shall be a 10' — Type "E" bufferyard.
All driveways on this property are existing. An increase in traffic generation of
20% or more requires that the existing driveways be brought into compliance
with the Driveway Ordinance No. 634. The following variances are being
requested related to the existing driveway accessing E. Southlake Boulevard:
• Driveway Stacking — The minimum stacking required for the existing
drive on E. Southlake Blvd is 38 feet. The existing stacking depth is 8
feet.
• Driveway Spacing — The minimum full access driveway spacing on
Southlake Boulevard (FM 1709) from the intersection and any other full
access driveway is 500 feet. The nearest intersection to the east is 109
feet and the nearest driveway to the west is 305 feet.
N: \Coimuunity Development \WP - FILES \MEMO \2003cases \03- 094ZSP.doc
Case No.
ZA03 -094
Attachment A
Page 3
Vicinity Map
Blue Haven Pool
1000 0 1000 2000 3000 Feet
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Case No.
ZA03 -094
E
Attachment B
Page 1
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SITE DATA SUMMARY:
SITE PLAN
` LOT 5, BLOCK 1
MIRON ADDITION
se:n PS nlmmnrwa.uu av ur.v mm rumrm AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND BEING SITUATED IN THE JOHN A FREEMAN SURREY, ABSTRACT NO. 529
SUMMARY CHART - INTERIOR LANDSCAPE LKGEND
JANUARY 2004 4 LOT 1.035 ACRES
•••ira....I rNa O Wm.,k .e., oNNEemevaorER. nrsxEm a�nvxmn
BUIE HAr PODLS MCH ENGINEERING. C. NUTAN AND CRANED.-, LLC
669 E. ME AY 121 1106 GAGE mw. wx P 3900 5011TH FREEWAY
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£NUF, TEXAS 7.57 RIG9AN0 ( OR )) H LS. TCxAS 791.0 (F(ORT)) NORTH. TEXAS ]6110
Emrea a . r 1EV Irr er u'r ru+Nl uh • r (972 316 AG10 (fAX) (91]) 5R9 -0990 (FAX) `BI7) '02.-
2b -9]47 (FAX)
• r naveru REOSED: FTBRUARY 16, 2.64 GTY C ASE N0. ZA03-D94
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Lot 5, Block 1, Miron Addilion (Blue Have Pool)
Proposed Permitted Uses and Devclopm nt R gulations for "S-P- I " Zoning;
This property shall be limited to permitted uses as found in the "C -2" Local - )detail Commercial
District as described hi Section 21 of the Comprehensive Zoni rig Ordinance No. 450, as
amended,
Development Re ulations
This property shall be. SUbject to the de- selopmcnt regulations for the ` -2" Local - Retail
Commercial Distrk.t, and $ll other applicable regulations "rith the fbllowing exceptions:
The Maximum imtxrviuus coverage for the she as a whole shall not exceed 76
lx.rc:c:nt of the total I-at area. If the site is subdivided in the future, individual lots
may exux.d the pre }prsed impeuvious coverage.
Tho portion of the. north bufl'eryard east of the existing drive shall bq- a 10 Type
"°E" bufferyard,
Other regulations that will allow for the possibility of subdivi -ling the property,
RF
Case No.
ZA03 -094
Attachment C
Page 3
W ELCH ' E NOWEMRIKO, I
Col'' -UL T/NG ENGINEERS
March 11, 2004
Be*ikr)Me'r
CrrY OF s ourtILAKE
'7 � - D,Vartmeni
1400 Main Street
"'Routhixice, Texas g6G92
REF: BLUE HAVEN POOL - SITE PLAN AND ZONING RESUBLIMITTAL
As part`o the site-pian-and 0Mirtu3pprovu we are mqutsting twa(2) re&'Y.Clopmentki
this property. The two variances are based on the city of Sottthlake requirements on driveway spacing
,and driveway=ckmg. �ttbmit tite #ellaw%nb rtquESt
Currently there are two existing driveways onto E. Southlake Blvd. from this
fropetty. - C?nt-clriveway-is canst racted --itl; is a gravel
drive- The concrete driveway is currently being use: for ingress /clTess to the
ex I ning f itty. The co=ne dnvv"Y- iszA'T+ent4y 4 35 &at- west- of:Artiron
Drive, centerline to centerline, and does not comply with city regulations. With
the addition ofthcTmw offite th�stig*wtway is proposed to
remain in place. The existing gravel dnve will be abandoned and removed from
`the- pre3:rty.
2. At this same existing concrete driveway, the existing = facility has - existing parking
spaces. - Oar flient-has-Tugttestedto The
existing parkin; spaces as of today do not conform to the required stacking
dis- ncc - aS - recinired - byxity - orchnnt , t. The paAtng- space3 -are proposed to lie
restrtpped as handicap spaces will not have the same usage as atypical vehicle
'pa rk-mg- spaces.
Thank you for assistance on this project. if you have any questions, please contact this office.
Sincerely:
WELCH ENGINEERING,"INC.
r imothy 3= Weich, - P E.
CC. flick Martin
" 1WEIV6bl2GU2H _Bry�r;5ite�9tanrosrrrrte ttcycresi,�7��{�4+u6d
4'1bg cugle' Drive , - D Nltyrth Richiand f{+lls, -TX 76180 — 817- 284 -1 ] 75 --fix 8 17- 589 -0990 • Metro 817 - 589 -2900
Case No.
ZA03 -094
Attachment C
Page 4
14rff�z� W mxat i ENo - - s Iii
C ONSU L 771VG ENGINEERS
January 26, 2004
Ben Bryncr
CITY OF 9011THLAKEs
Plannil7g DeNrtment
1400 Main Strcct
SOUthlake, Texts 76092
REF; BLUE HAVEN POOL - SITE PLAN RES[; BIMr1ITTAL
Mr. Bry acr;
We have received the city comments regarding Me Blue Haven Pool property dated Dcccmber 29, 2003,
II appears the city is con about two issues with the "per'ty an d impact of development to
surrounding conditions_ 1 First issue is with impervious coverage of the property and the second is with
the location of the drivc4vay'.
In regards to the first issue, the city has recornmendcd to rczoneto "S - - and request thr maximum
irnperv cov erage for the site to 75.24%, This letter will serve we are requesting the ":S -P - "zoning
and we have included the development regulation_
The second item is the location of the driveway to serve the development. l know the cit3 understands
there is already an cxislin?, driveway at This location, With the proposed improvements, wee are not
iToodif ing the driveway for this addition. The drive way was built whey? the original building was
constructed. We understand the city issue is regarding the location to the Future right turn lane Onto
Miron Drive, Bven the proposed FM 1709 construction plans have incorporated the existing driveway.
In fact, the plans show two dritewayS along the frontage ofthis property.
Our Client is against moving the driveway to the wt' st property line due to the following, concerais-.
I. Moving the driveway off FM 1709 impacts the development of the site with access drive
and size and location of the building.
2. With the drivcway to the west lime ellminatcs the following tr"s; 2-30" Perron, 1-20" Elm
and 1- lb" Pecan.
3_ The drivewky in the west location will create more ofadver5e effect than leaving the
4:xislingt VVIA -say in place,
M y client had indicated in consideratio of leaving the existing driveway as shown, Ilicy would elirninatc
the send driveway to the west and all [ow TxT)OT to construct a larger turning, radius on the. driveway
when TxWT makes the improvements:
We have addressed the engineering and planning comments as well and the revisions have been
incorporated in the plans.
As required for the Site Plan resubmittal, picric find the iullowing ilrms for review and
': �, V:' Ie. t' Jobti2U _Site_Fl�i�s_dbminal_01�fi4+ �+pd
Z P,
Case No.
ZA03 -094
Attachment C
Page 5
December 15, 2003
STATEMENT OF BUILDING USE AND OPERATION
To Whom It May Concern
The proposed 4,068 SF, one -story building is to be located on the same lot with 1621 E_ Southlake
Blvd., and is pla,rmied to be built Mth the ability to be sub-divided into no more than four
indcpc rideK legible ofFi cc spaces, with operations similar to the existing facility_ Each space wilI
have a private, accessible uniwx tenet area and access through doors at both the front and rear.
Build of each space wiII occur as the leases are. cxecutc td, and will comply with all local codes
and ordinances.
Bath buildings are expected to share site amenities such as trash collection and parking.
Respectfully Submitted,
Rick Martin, NCARB
Architect
iUck 11w min, WARE, 3303 PutttinWnn Drive, CoUcywi 11c, TX 7 , (] 17) 1�
Case No.
ZA03 -094
Attachment C
Page 6
PROPERTY DESORIPT ON
BEING a 1,035 acre tract of land situated in tho JOHN A. FREEMAN SURVEY, ABSTRACT
N0,529 and berg all of Lot .5, Block 1, Miron Additlon. an addition to the City of Southluke,
Tawfont County, Texas according to the plat recorded in Cabinet A, Slide 1252, Plat Records,
Taaxont County, Texas, Said 1.435 acre tract of land being more particularly described by
metes and bounds as follows:
BEGINNING of a point at the intersection of the sauth right —of—tray fine of East Southlake
Boulevard (a 130 right —of —way) and the west right —of —way line of Won Crive (a 56'
right —of —way), said point being the northeast corner of sold Lot 5;
THENCE SWD7'42„ W. along sold crest right —af —way live, a distance of 80.00 feet to a polrmt
at the beginning of a curve to- the right hawing a radius of 161.23 feet and whose long bears
31n3'5VA a distance of 6649 feet;
THENCE continuing along sold west rlght— of —woy lone, along acid curare to the right, through
a central angle of 23 on arc length of 67.17 feet to a polnt at the end of said
curve;
NME 4'bb'bCl`W, continuing along Bald west right —af —way line, a distance of 18,51 feet
to o point at the begrnning of a curve to the left hating o rod1us of 1135,43 feet and whose:
long chord bears 517^5WWW, a distance of 39,72 feet;
THENCE continuing along said west rlght —of —way line, along avid curve to the left, through a
central angle of 12°06'41 ", an are length of 39,79 feet to o point at the end' of said curve
for the southeast comer of sold Lot 5. sold point also being the northeast earner of Lot 4,
Block 1, sold MIron Addition,
THENCE N8952'29 "4f, leaving said west right— of —woy line, Nang the eomrnon Ilne of said Lot
4 +and Lot 5, a distance of 200,31 feat to a point in the east line of Lot 6, Black 1, sold
Won Addition, said point being the southwest comer of said Lot 5 and the northwest corner
of said Lot 4;.
THENCE 001031'E, along the common Ilne of sald Lot 5 and Lot t,, a distance of 200_UU
feet to a point In the aforementioned south right —of —way Fria of East Southloke Boulevard,
said paint being the northwest corner of sold Lot 5, and the northeast comer of said Lot 6;
THENCE 'S69'52WE, along the south right —of —way Ilne of sold Eost Southlake Boulevard, a
distance of 23176 feet to the POINT OF BEGINNING and containing 45055 square feet or
1.435 acres of land.
SHEET 1 OF 1
Case No.
ZA03 -094
Attachment C
Page 7
SITE PLAN REVIEW SUMMARY
Case No.: ZA03 -094 Review No.: Three Date of Review: 03/12/04
Project Name: Site Plan — Lot 5, Block 1, Miron Addition (Blue Haven Pools)
OWNER: Blue Haven Pools
669 E. Freeway 121
Lewisville, TX 75057
Phone: (972) 316 -8662
Fax: (972) 316 -8610
ENGINEER: Welch Engineering
Timothy J. Welch, P.E.
4109 Cagle Drive, Suite D
North Richland Hills, TX 76180
Phone: (817) 589 -2900
Fax: (817) 589 -0990
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/16/04 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 ORNEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086.
The following changes are needed with regard to driveways ingressing and egressing the site
according to the Driveway Ordinance No. 634: This site addition will increase daily traffic by 20%
or more and therefore the site must comply with spacing and stacking requirements.
a) Provide the minimum driveway spacing on E. Southlake Blvd. The required driveway
spacing on Southlake Blvd from an intersection is 500 feet and the provided distance is 109
feet. The required driveway spacing on Southlake Blvd from the next full -access drive is 500
feet and the provided distance is 305 feet. (A variance has been requested.)
b) Provide the minimum driveway throat depths for stacking. The required stacking depth for
the driveway accessing E. Southlake Blvd is 38 feet and the provided depth is 8 feet. (A
variance has been requested.)
c) Dimension the depth of all points of ingress /egress to the site and the distance to the
intersection from the driveway on Miron Dr.
2. The following changes are needed with regard to easements:
a) The proposed 20' drainage easement for the storm water improvements must be dedicated on
a revised plat or by separate instrument. If done by separate instrument, provide a filed copy
of the instrument to the City prior to receiving a permit for construction.
b) A common access easement is required for the shared access drive on Miron Drive. The CAE
must be dedicated on a revised plat or by separate instrument. If done by separate instrument,
provide a filed copy of the instrument to the City prior to receiving a building permit.
INFORMATIONAL COMMENTS
Case No.
ZA03 -094
Attachment D
Page 1
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* It appears that a portion of this property lies within the 65 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 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.
* Please be aware that any change of tenant /owners with a request for a new C.O. will require that all
parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes
shall be per the Fire Department's requirements.
Case No. Attachment D
ZA03 -094 Page 2
TREE PRE.SERVATION ANALYSIS
(Niue- Residm6al Development)
Case: 03 -094 Date or Review: February 5. 211114
Project :Name: Blue Haven Pools
OWNER 1 DEVELOPER
Blue I laven Pools
Number or Pages: 1
PREPARED BY:
Welch Engineering. Inc.
Plane.: _ Phone:
Fax. Fax:
THIS ANALYSIS I5 PREPARED AT THE TIME OF REVIEW 01 "a THE ABOVE REFERENCED PROJECT AND IS TO
PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN,
LANDSCAPE ADMINISTRATOR AT (817) 451 -5640
019 01 DI U9 *1 0013
One (1) existing 15" Oak tree is proposed to be removed for the construction of the rear parking
lot, All of the other trees on the site are proposed to remain.
2. It seems that the applicant is making a goof -faith effort to preserve as many of the existing trees on
the property as possible. A parking lot island could be placed within the parking lot to try and
preserve the existing 15" Oak tree that would need to be removed to guild the parking lot. But,
Since the tree is closer to the middle of the parking lot the tree would be placed too close to the
edare of the landscape island curb to properly preserve it.
Non - residential Development: In a non - residential development., all protected trees that the
Landscape Administrator determines must be altered in order to install utility lines within public
R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install
fire lanes, required parking areas and building pad sites as shown on an approved Site flan, shall
be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of
the.. Tree Preservation Ordinance. Any protected trees within these areas that the Landscape
Administrator determines do not have to be altered shall be subject to the tree protection
requirements listed in Section 8 of the Tree Preservation Ordinance, but
replacement requirements listed in Section 7 of the Tree Preservation Ordinance.
of the development shall be subject to both the tree replacement and the
requirements, and all other provisions of the Tree Preservation Ordinance.
Case No.
ZA03 -094
not to the tree
All other areas
tree protection
Attachment D
Page 3
Surrounding Property Owners
Blue Haven Pools
1 II 3
EA
Owner
Zoning
Land Use
Acreage
1. Pkb Enterprises Ltd
DT
Town Center
40.54 ac
2. The Shamrock Pipeline Corp
C -3
Retail Commercial
0.41 ac
3. 98 Hm Southlake, Lp
C -3
Retail Commercial
2.27 ac
4. Miron, Gary A & Janice L
C -2
Office Commercial
0.51 ac
5. Art of Long Driving Inc
B -1
Office Commercial
0.604 ac
6. Ewan, David
B -1
Office Commercial
0.50 ac
7. Lannom, Billy C
B -1
Office Commercial
0.75 ac
8. Wetrich Realty Lp
B -1
Office Commercial
0.689 ac
9. Rocky Mountain Holdings Llc
S -P -1
Office Commercial
0.961 ac
10. Matarangi Ltd
B -1
Office Commercial
0.73 ac
11. Southwestern Bell Wireless Inc
B -1
Office Commercial
0.924 ac
12. City Of Southlake
CS
Public / Semi -Public
1.50 ac
13. Schelling, Martin W Tr
S -P -2
Office Commercial
4.823 ac
14. Taylor, Earnest E Jr
0-1
Office Commercial
1.522 ac
15. Bruton, Paul R & Doreen
S -P -2
Office Commercial
1.00 ac
16. Z & E Land Llc
C -2
Office Commercial
1.035 ac
Case No. Attachment E
ZA03 -094 Page 1
Surrounding Property Owner Responses
Blue Haven Pools
Notices Sent: Fifteen (15)
Responses: None (0)
Case No.
ZA03 -094
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -433
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 5,
BLOCK 1, MIRON ADDITION, AND BEING APPROXIMATELY 1.035
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C-
2" LOCAL RETAIL 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 "C -2" Local Retail Commercial
Case No. Attachment G
ZA03 -094 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 made; and,
Case No. Attachment G
ZA03 -094 Page 2
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 Soutl Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Lot 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County,
Texas, and being approximately 1. 03 5 acres, and more fully and completely described in Exhibit
"A" from "C -2" Local Retail Commercial District to "S -P -1" Detailed Site Plan District with
"C -2" Local Retail Commercial District uses as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit `B ".
Case No.
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Attachment G
Page 3
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
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
Case No. Attachment G
ZA03 -094 Page 4
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
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.
Case No.
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Attachment G
Page 5
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 , 2004.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2004.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No.
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Attachment G
Page 6
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
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Attachment G
Page 7
EXHIBIT "A"
Being Lot 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas, and being approximately
1.035 acres.
Case No.
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Attachment G
Page 8
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SITE PLAN
LOT 5, BLOCK 1
MIRON ADDITION
AN ADDITION TO THE CITY OF SWTHLAKE. TARRANT CWNTY. TEXAS
AND BEING SITUATED IN THE JOHN A FREEMAN SURVEY, ABSTRACT NO. 529
JANUARY 2004 T LOT 1.055 ACRES
DBNFHtlEYFL�ER cutyusFR. aiRNPVrn-
REYE NA \EN POOLS WELCx ENgHEFRIHG, INC. MITT- AND CMI'FORO, LLC
69 6 FREEWAY 121 11D9 CAGLE DRIVE. SIN1E D 3904 9O.1IN FREEWAY
lFAAS 1w 1 RICILLANO WLLS. 1FXA5 Im. TE %A5 76,10
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Lot 5, Block 1, Miron Addilion (Blue Have Pool)
Proposed Permitted Uses and Devclopm nt R gulations for "S-P- I " Zoning;
This property shall be limited to permitted uses as found in the "C -2" Local - )detail Commercial
District as described hi Section 21 of the Comprehensive Zoni rig Ordinance No. 450, as
amended,
Development Re ulations
This property shall be. SUbject to the de- selopmcnt regulations for the ` -2" Local - Retail
Commercial Distrk.t, and $ll other applicable regula dons "rith the fbllowing exceptions:
The Maximum imtxrviuus coverage for the she as a whole shall not exceed 76
lx.rc:c:nt of the total lot area. If the site is subdivided in the future, individual lots
may exux.d the pre }prsed impeuvious coverage.
Tho portion of the. north bufl'eryard east of the existing drive shall bq- a 10 Type
"°E" bufferyard,
Other regulations that will allow for the possibility of subdivi -ling the property.
RF
Case No. Attachment G
ZA03 -094 Page 10
EXHIBIT "C"
This page reserved for the approved City Council motion.
Case No. Attachment G
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