Item 7A13 SOUTHLAKE
CITY OF
Department of Planning & Development Services
STAFF REPORT
October 27, 2010
CASE NO: ZA10 -054
PROJECT: Tower Plaza (FKA "Invitation Park"
EXECUTIVE
SUMMARY: A Zoning Change and Site Plan request to amend the existing "S -P -1" Detailed
Site Plan District to allow for hospital uses and a revised building layout on 5.84
acres located on E. Southlake Blvd just west of Carroll Avenue.
REQUEST DETAILS: On behalf of Visions Southwest, Sage Group, Inc. is requesting approval of a
zoning change and site plan to revise the currently approved "S -P -1" zoning and
site plan, which proposed two phases of office development totaling 90,000
square feet, north of the proposed Zena Rucker Road and South of E. Southlake
Boulevard between S. Carroll Avenue and Byron Nelson Parkway. The currently
approved plans allow for six, three story "brownstone" style office buildings
intended for general /professional office uses and one common "clubhouse ".
The proposed plan includes a three -story, 64,800 square foot medical
center /hospital on the southern portion of the property and one two -story, 40,968
square foot office building along E. Southlake Blvd. The architectural style of the
proposed buildings is similar to the style of the office buildings in the currently
approved plans.
The revised "S -P -1" zoning will follow the currently approved zoning allowing "C -3"
uses with the following exceptions (additions /deletions from original zoning are
listed):
• Offices of a business and /or professional nature providing services not
including fabrication, manufacture, or production of goods;
• Any use permitted in the "0-1" Office District, except for radio recording and
television broadcastina offices and studios:
feet,
• Financial institutions;
• Health service facilities to include clinics, offices of dentists, doctors, and
other practitioners of healing arts, licensed or similarly recognized under the
laws of the state of Texas; offices for specialists and supporting health service
fields, such as physical, audio and speech therapy, podiatry, and
psychological testing and counseling; dental, medical, and optical laboratories;
• Medical care facilities to include hospitals with their related facilities and
suaaortive retail and Dersonal service uses oaerated by or under the control of
Case No.
ZA10 -054
the hospital primarily for the convenience of patients, staff and visitors. Such
medical care facilities may involve patient related overnight stays.
• No Residential Uses or Assisted Living Facilities shall be allowed.
• Under narking shall he permitted annessory as shown on the attanhed site
VARIANCE
REQUESTED: Driveway stacking — The required minimum driveway stacking for Driveways "A" and `B"
is 100 feet (Driveway Ordinance No. 634, Section 5.2.d.) The following are
proposed:
- Driveway `A' ±88 feet
- Driveway `B' ±66 feet
ACTION NEEDED: Consider 1 ST reading approval of a zoning change and site plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Background Information
Vicinity Map
Plans and Support Information - Link to PowerPoint Presentation
Site Plan Review Summary No. 2, dated October 15, 2010
October 11, 2010 SPIN Meeting Report
Surrounding Property Owners Map and Responses
Ordinance No. 480 -549b
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker
Richard Schell
(817) 748 -8067
(817) 748 -8602
Case No.
ZA10 -054
BACKGROUND INFORMATION
OWNER: Visions Southwest
APPLICANT: Sage Group
PROPERTY SITUATION: 821, 829 and 835 E. Southlake Boulevard
LEGAL DESCRIPTION: Tracts 3B & 31301, and a portion of Tract 3D01, O.W. Knight Survey,
Abstract No. 899
LAND USE CATEGORY: Office Commercial
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REQUESTED ZONING: "S -P -1" Detailed Site Plan District
HISTORY: The structures on the property were built around 1960 (Source: TAD)
The "C -3" General Commercial Zoning District designation was assigned
to a portion of the properties with the adoption of Zoning Ordinance 480 in
1989.
A zoning change & site plan under Planning Case ZA07 -124 and a
Preliminary Plat under Planning Case ZA07 -125 were approved February
19, 2008 by City Council to develop approximately 90,000 square feet of
professional office space and change the Zoning from "C -3" General
Commercial Zoning District to "S -P -1" Detailed Site Plan District.
A zoning change and site plan (ZA09 -059) to change the most northeast
building (Building 3) to a Nursing College use and building and the two
most southern office buildings (Previously Buildings 5 & 6, now Building 5)
to a 90 -bed personal care /assisted living facility was withdrawn by the
applicant.
A zoning change site plan (ZA10 -041) that kept the layout and
general /medical office use of the two northernmost buildings on the
approved Invitation Park plan, but that proposed a three -story, 64,800
square foot medical center /hospital in place of the five other buildings,
was denied by City Council on August 17, 2010.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Southlake Boulevard (FM
1709) to have 130 feet of right -of -way. Adequate right -of -way exists for
this road; however the applicant proposes the dedication of twelve feet
along FM 1709 for TxDOT R.O.W. and construction of a deceleration lane.
The Master Thoroughfare Plan also recommends Zena Rucker Road at
the southern boundary of this property. Zena Rucker Road is proposed to
be a 2 -lane undivided collector with 60' R.O.W.
The portions of Zena Rucker Road and the street running north -south
Case No. Attachment A
ZA10 -054 Page 1
shown on the site plan will be completed with this development. The
roundabout at the intersection of Zena Rucker Road and the north -south
street is to be constructed by others with development of the properties to
the east and south.
Existing Area Road Network and Conditions
East Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two -way, center left turn lane.
April - May, 2009 traffic counts on E. Southlake Blvd (between Byron
Nelson Pkwy & Carroll Ave)
24hr
West Bound (WB) (24,495)
East Bound (EB) (25,363)
WB
Peak A.M. (1,292) 11:15 — 12:15
Peak P.M. (2,754) 5:15 —6:15
EB
Peak A.M. (2,633) 7:30 — 8:30
Peak P.M. (1,813) 3:15 —4:15
*Vehicle Trips Per Day
* *The AM /PM times represent the number of vehicle trips generated
during the peak travel times on E. Southlake Boulevard.
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 (when intersection traffic
counts warrant) is proposed in the area of the site.
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Traffic Impact
Use
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AM-
OUT
PM-
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General Office
40,968
451
56
8
10
51
Medical Center/
Hospital
64,800
1
46
17
16
49
Total
105,768
1,532
102
25
26
100
Case No. Attachment A
ZA10 -054 Page 2
PATHWAYS MASTER
PLAN: A minimum 8' wide multi -use trail is required along East Southlake
Boulevard and 5' sidewalks are required along all adjacent public streets.
WATER & SEWER: A 12 -inch water line exists along the north side of East Southlake
Boulevard. A 6 -inch sanitary sewer line also exists along the north side of
E. Southlake Boulevard.
TREE PRESERVATION: There are some trees shown to be preserved along the perimeter of the
property. All but one tree in the center of the project is expected to be
removed. The existing tree canopy cover on the site is shown to be 11 %
and 70% of that area would typically be required to be preserved under the
Tree Preservation Ordinance. Given that this is an S -P -1 zoning request,
the tree conservation plan, including the tree canopy cover, is subject to
City Council approval. The applicant has proposed a minimum 27% of
existing canopy cover preservation in their S -P -1 regulations.
SOUTHLAKE 2025:
The proposed development is consistent with the "Office Commercial"
future land use designation for this site.
There are also site specific
recommendations for this
development under 9A and
9B of the South Side Area
Plan of the City's Southlake
2025 Comprehensive Plan.
The recommendations for the
area under 9A are as follows:
• Recommend connectivity through the site from Southlake Blvd.
(to connect with Carroll Ave.) through any development to the
south;
• the site should be master - planned with 9b;
• change the underlying land use designation from MD-
Residential to Office Commercial with T -1 alternative
designation up to future Rucker Rd.; and
• 9a and 9b should be master - planned together. However, in
limited cases, individual restaurant and other retail projects
may be considered if these proposals are pedestrian oriented
and cohesive with the surrounding development.
SPIN MEETING:
Case No.
ZA10 -054
Under 9B the recommendations are:
• Recommend T -2 alternative designation to provide a transition
from expected commercial development to the north and
residential development to the south;
• Should be master - planned with 9a; and
• Recommend connectivity through the site.
A SPIN meeting on this development was held on Monday, October 11,
Attachment A
Page 3
2010 at 8:OOPM. The SPIN Meeting Report is included as Attachment "E"
of this report.
PLANNING AND
ZONING COMMISSION: Approved (6 -0) granting the requested variance to driveway stacking and
subject to Site Plan Review Summary No. 2, dated October 15, 2010.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated October 15, 2010.
Case No. Attachment A
ZA10 -054 Page 4
Vicinity Map
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Case No. Attachment B
ZA10 -054 Page 1
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S -P -1 REGULATIONS
Detailed Site Plan (SP -1) District -
Land Use and Development Regulations
for a S.64 acre parcel known as
Tower Plaza
Southlake, Texas
This Detailed Site Plan {SP -1} district shall abide by the all conditions of the City of
Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
the "C -3" General Commercial Zoning District, as described in Section 22 of the
Comprehensive Zoning Ordinance and the City of Southlake Subdivision Ordinance
No. 483, as amended, with the following exceptions:
Permitted Uses:
Only the following shall be permitted uses within this zoning:
1. Offices of a business and/or professional nature providing services, not
including fabrication, manufacture, or production of goods.
2. Any use permitted in the 0-1 Office District, except for radio recording
and television broadcasting offices and studios.
3. Financial Institutions.
4. Health service clinics, offices of dentists, doctors, and other practitioners
of healing arts, Vicensed or similarly recognized under the laws of the State
of Texas; offices for specialists and supporting health service fields, such
as physical, audio and speech therapy, podiatry and psychological testing
and counseling; dental, medical and optical laboratories.
5. Medical care facilities to include hospitals with their related facilities and
supportive retail and personal service uses operated by or under the
control of the hospital primarily for the convenience of patients, staff and
visitors. Such medical care facilities may involve patient related overnight
stays.
6. No Residential uses or Assisted Living facilities shall be allowed.
Development Regulations
This property shall be subject to the development regulations for the "C -3" General
Commercial District, and all other applicable regulations with the following
exceptions:
Buffer yards and setbacks along internal lot Vines shall not be required.
Case No. Attachment C
ZA10 -054 Page 2
2. Buildings shall be provided with a 55 foot minimum horizontal setback
from the proposed north right of way line for the Zena Rucker Road (50
foot Right of Way) and approximately 125 feet from the south Right of
Way line for Zena Rucker Road, which is the northern boundary of the
Medium Density Residential LUD boundary.
3. Side Yard shall be fifteen (15) feet, minimum.
4. Floor Area: The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet.
5. Building roof heights shall not exceed those shown on the plans and
elevations; in no case shall a building exceed three (3) stories nor 50' in
height from finished floor level, including parapets.
5. Freestanding towers shall not exceed 50' above finished floor.
7. Parking:
- Parking requirements for Building 1 are to be based on: 8 spaces for the
first 1,000 square feet of Floor Area, plus, for the remaining floor area: 1
space for each 150 square feet of doctor's offices, and 1 space for every
300 square feet of all other uses.
- Parking requirements for Building 2 shall be based on: 1 space per each
patient room, plus 1 space for each 4 employees, plus 1 space for every
300 square feet of Floor Area of outpatient services..
-Floor area is defined as the total net usable square footage of floor space
within the interior wall of the building, room or lease area, but excluding
cellars, mechanical rooms, attics, elevators and stairways, common areas,
hallways and lobby areas.
8. A minimum of 27% of the existing tree canopy cover on -site shall be
preserved.
g. Vertical Articulation requirements for the Medical Center building shall be
as presented on the elevations approved by the City Councill.
End Proposed Permitted Uses and Development Regulations for "SP -1"
Zoning at Tower Plaza.
Detailed Site Plan (SP -1) District -
Requested ''variances
far a 5.84 acre parcel known as
Towner Plaza
Southlake, Texas
The following variances are requested for the Tower Plaza development:
1) Variance to the Driveway Ordinance regarding stacking depth, far the
following entry drives:
a) Entry Drive A (East Entry): Minimum Stacking Distance of 88'.
b) Entry{ Drive B (South Entry): Minimum Stacking Distance of f'.
Case No. Attachment C
ZA10 -054 Page 3
Open Space ManaUement Plan;
All Open Space shall be maintained by the property owners or the Tager Plaza
Property [owners Association �POA). All property owners shall be required to be a
member of the PCA. Dues assessments, required for the maintenance of the open
space areas and other POA activities, shall be mandatory.
The POA shall be - - esponsible for the maintenance and operation of the protected
open space within the development. The expenses required to maintain the
common areas at a q,atility level shall be estimated annually by the POA Board a
dues shall be determined and assessed on each property owner in an equitable
fashion at such a rate as necessary to maintain such a level of quality. Authority to
enforce these requirements, and to place a lien on the property if such dries are not
paid, shall be in the farm of written Deed Restrictions and Covenants, agreed to by
all property owners at purchase, and shall run with the land..
Provisions shall be made, in the POA bylaws and Deed Restrictions, that in the
unlikely event the PDA fails to maintain all or a portion of the protected open space
in reasonable order and condition, the City of Southlake may, but is not required to,
assume responsibility for it's maintenance and take corrective action, including the
provision of extended maintenance. The casts of such maintenance may be charged
to the PDA or individual property owners that make up the POA, and may include
administrative costs and penalties which shall become a lien on all property in the
development.
Case No. Attachment C
ZA10 -054 Page 4
SITE PLAN REVIEW SUMMARY
Case No.: ZA10 -054 Review No.: Two
Project Name: Zoning & Site Plan for Tower Plaza (FKA Invitation Park)
Date of Review: 10/15/10
APPLICANT /PROJECT MANAGER:
Sage Group, Inc. — ATTN: Curtis Young
1130 N. Carroll Ave; Ste 200
P: (817) 424 -2626
ARCHITECT:
Azimuth Architecture
4228 N. Central Expwy; Ste 100
Dallas, TX 75206
P: (214) 261 -9060
F: (214) 261 -9049
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/14/10 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 RICHARD SCHELL AT (817) 748 -8602.
Please provide a copy of the most current agreement with the adjacent property owner(s)
regarding construction of the proposed streets.
2. Please provide the current case number (ZA10 -054) on the civil plans.
Public Works Review Comments
Michelle McCullough, P.E.
(817) 748 -8274
mmccullough (c�ci.southlake.tx.us
GENERAL COMMENTS:
1. Provide all necessary easements if needed for public water, sanitary sewer and drainage.
Easements shall be 15' minimum and located on one lot — not centered on the property line. A
minimum 20' easement is required if both storm sewer and sanitary sewer will be located within
the easement.
WATER AND SANITARY SEWER COMMENTS:
1. Clearly label all public and private lines.
2. All water line stubs must have 2 joints past the valve with a 2" blow off per the City's details.
3. The engineer should consider a different configuration for the water line intersection currently
located under the future roundabout at Zena Rucker Road and "Future Street ". Consider moving
out from the future paver section.
The size of the water service tap must match the size of the meter. There are no reducers
allowed before the meter on the public side. A one inch meter must have a one inch tap, etc.
Water meters and fire hydrants shall be located in an easement or in the ROW.
All water and sanitary sewer lines in easements or in the ROW must be constructed to City
standards.
There is a 12 inch and 20 inch water line located on the south side of Southlake Blvd. The
developer will not be allowed to connect to the 20 inch water line. Please make sure that the
utility plan indicates connection to the 12 inch water line.
There is a 6 inch sewer line located on the north side of Southlake Blvd to serve this property. A
TxDOT permit may be required to bore under the road to connect to the City's sewer line.
Case No. Attachment D
ZA10 -054 Page 1
DRAINAGE COMMENTS:
1. Clearly label all public and private storm lines.
2. It should be clearly noted that the property owner(s) shall be responsible for maintaining the
underground detention system.
3. A more detailed review of the underground detention system will be performed once civil plans
are submitted for review.
4. This property drains into Critical Drainage Structure #23 and requires a fee to be paid prior to
beginning construction ($309.83 / acre).
* The difference between pre and post development runoff shall be captured in the detention
structure. The proposed detention structure shall control the discharge of the 5, 10 and 100 year
storm events.
* Verify that the size, shape, and /or location of the detention structure, as depicted on the concept
plan, will be adequate to meet the detention requirements. Any changes to the size, shape,
and /or location of the proposed structure may require a revision to the concept plan and may
need to be approved by the Planning and Zoning Commission and the City Council.
* A copy of the SWPPP, if required, will need to be submitted to the Public Works department
for review prior to a pre construction meeting being scheduled.
* The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit 3 copies of the civil construction plans (22" X 34" full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
checklist, standard details and general notes which are located on the City's website.
http:// www. citvofsouthlake. com/ PublicWorks /engineeringdesign.asp
* 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 acceptable to Public Works prior to placing the Developer's
Agreement on the City Council agenda for consideration.
* Additional comments may need to be addressed once detailed engineering is completed
and construction plans submitted to the Public Works department for a more detailed
review.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
*Denotes informational comment.
Case No. Attachment D
ZA10 -054 Page 2
Landscaping /Tree Preservation Comments
Keith Martin
Landscape Administrator
(817) 748 -8229
kmartinAci. south lake.tx.us
TREE CONSERVATION COMMENTS:
The preservation of the existing trees is not compliant with the existing tree cover preservation
requirements of the Tree Preservation Ordinance 585 -D. The percentage of existing tree cover on
the site is 10.4% and the percentage of existing tree cover proposed to be preserved is 27.7 %.
The minimum percentage of existing tree cover required to be preserved is 70 %. A regulation
has been added to the S -P -1 letter requiring a minimum of 27% of the existing tree cover to
be preserved.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
preserved*
0% - 20%
70%
20.1 —40%
60%
40.1 % - 60%
50%
60.1%-80%
40%
80.1%_100%
30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights -of -way as approved by City Council.
Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the
zoning as approved by the Southlake City Council. Please ensure that the layout of all structures,
easements, utilities, structures grading, and any other structure proposed to be constructed do
not conflict with existing trees intended to be preserved.
*Denotes informational comment.
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Deceleration lane must comply with TXDOT standards.
All development must comply with the City's Drainage Ordinance No. 605 and detain all post
development run -off.
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
Case No. Attachment D
ZA10 -054 Page 3
All mechanical equipment must be screened of view right -of -ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
All lighting must comply with the Lighting Ordinance No. 693, as amended.
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.
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.
A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a
building permit for the construction of any off -site pavement. Additionally, appropriate dedication
of right of way and /or easements will be required prior to public acceptance.
A minimum 5' sidewalk is required adjacent to all streets where a trail is not planned. The
required sidewalks need to be provided along the dedicated street ROW with development of this
property.
The proposed driveway(s) do not meet the minimum stacking depth. (A Variance is being
requested for this requirement) The following are proposed:
i. Driveway `A' ±88 feet (100' required)
ii. Driveway `B' ±66 feet (100' required)
All driveways must meet the minimum spacing requirements in accordance with the TxDOT and
the City's Driveway Ordinance No. 634, as amended. The street along the east boundary of this
property has been approved by the City as part of the Site Plan and Preliminary Plat on the
adjacent property to the east.
Case No. Attachment D
ZA10 -054 Page 4
SPIN MEETING REPORT
CASE NO. ZA10 -054
PROJECT NAME: Tower Plaza
SPIN DISTRICT: 9
MEETING DATE: 8:OOPM, October 11, 2010
MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 313
TOTAL ATTENDANCE: 17
• SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (9)
• APPLICANT(S) PRESENTING: Curtis Young, Sage Group
• STAFF PRESENT: Clayton Comstock
STAFF CONTACT: Clayton Comstock, (817)748 -8269; ccomstock @ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is 5.84 acres located at 821 E. Southlake Boulevard.
Development Details
The applicant is requesting approval of a revision to the existing S -P -1 zoning and
site plan. Tower Plaza is a proposed 5.84 acre development for office and medical
uses. The property is currently undeveloped. The proposed use is consistent with the
City of Southlake Comprehensive Land Use Plan. The property sits along the south
side of Southlake Boulevard, approximately 1,000 feet west of Carroll Avenue. It is
across the street from two medical office buildings within the Mendez Addition. All
other parcels surrounding the property are currently undeveloped.
QUESTIONS & DISCUSSION
QUESTION: Does the Tower extend beyond the height of any of the buildings?
RESPONSE: The 50' tower is taller than the office building (31' to top of parapet), but
approximately the same height as the medical center measured to the top of
the parapet.
QUESTION: Has the square footage of the office space been reduced since the previously
proposed plan? What is the proposed square footage and the number of
parking spaces provided?
RESPONSE: The gross floor area of Building 1 is 40,968 square feet in the current
proposal. Buildings 1 &3, which were the two office buildings in the previously
proposed plan, contained 36, 288 square feet of gross floor area. A total of
265 parking spaces are provided on the current plan, while the previous plan
showed 266 spaces.
Case No. Attachment E
ZA10 -054 Page 1
QUESTION: How tall is Building 1? What's the setback from Southlake Boulevard?
RESPONSE: Building 1 is 28' in height to the roof level. The height measured to the top of
the parapet wall is 31'_ The height of the corner feature is approximately 39 1 r2
feet measured to the peak. The setback from Southlake Blvd. is fifty (50) feet_
QUESTION: Are the proposed uses the same as the previous proposal?
RESPONSE: `des.
QUESTIOU Who is the owner? How will the project be financed?
SPI N Fleeting 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 parities are strongly encouraged to follom the case through the Planning and Zoning
Commission and final action by City Council_
Case No. Attachment E
ZA10 -054 Page 1
Surrounding Property Owners
Tower Plaza
L arr
CROSS-LN- 5
M4iNSY
4
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3 4
2 p
rc
1
C - 5D U TH LA KE :g:LY.p
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8
11
9
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SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Foxborough Hoa Inc
SF20A
Medium Density Residential
1.31
NR
2.
Kiani, Hamid Etux Rashin
SF20A
Medium Density Residential
0.64
NR
3.
East Southlake #1 Ltd
SP1
Office Commercial
1.87
NR
4.
East Southlake #2 Ltd
SP1
Office Commercial
2.39
NR
5.
AG
Office Commercial
5.41
NR
Mendez Ltd
Medium Density Residential
6.
Vision SW Silverlake Llc
S -P -1
Office Commercial
0.55
NR
7.
Vision SW Silverlake Llc
S -P -1
Office Commercial
2.82
NR
8
Rucker, William W Est &
AG
Office Commercial
6.70
NR
Zena
9.
S -P -1 & AG
Office Commercial
4.22
NR
Vision SW Silverlake Llc
Medium Density Residential
10.
Rucker, William Est & Zena
AG
Medium Density Residential
4.24
NR
Tr
11.
S -P -2
Office Commercial
16.34
NR
Rcp Southlake Blvd #2, Ltd
Medium Density Residential
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Eleven (11)
Responses Received: None (0)
NR: No Response
Case No. Attachment F
ZA10 -054 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -549b
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 TRACTS 3B & 31301, AND A PORTION OF
TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING
APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT
TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential and other purposes,
and to amend said ordinance and map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "S -P -1" DETAILED
SITE PLAN DISTRICT under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
Case No. Attachment G
ZA10 -054 Page 1
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
ZA10 -054 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 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, Tracts 3B & 31301, and a portion of Tract 3D01, O.W. Knight Survey,
Abstract No. 899 and being approximately 5.84 acres, and more fully and
completely described in exhibit "A" from "S -P -1 " detailed site plan district to "S -P-
1" detailed site plan district, as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit "B ", and subject to the following
Case No. Attachment G
ZA10 -054 Page 3
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 appropriate use of land throughout the community.
Case No. Attachment G
ZA10 -054 Page 4
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.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment G
ZA10 -054 Page 5
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 1 st reading the day of October, 2010.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
Case No.
ZA10 -054
day of November, 2010.
Attachment G
Page 6
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA10 -054
Attachment G
Page 7
EXHIBIT "A"
Being Tracts 3B & 31301, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899
and being approximately 5.84 acres and more fully described by metes and bounds as follows:
LEGAL DESCR1P'l':r )
BEING a 5.941 ac.ru tract ar land in the C, W. . Knight Survey, Abstract No. 899, Tarrant
County, Texas and being a portion of that certain tract of I artd as described in dccd to
Vision Scnahwcst Silvcrlakc, LLC, a Texas Limited Liability Company gas ircorded in
lastrunmot OD 7.135294 of the EWM Records of Tarrant County, Tcxtis land being more
particularly deserihed as follows:
BEGINNING at a 518' iron rod Found at the northwest corner of said Vision tract in tW
st:r h right -of - tray line of East South lake Boulevard (R.O.W- varies) and being the
northeast wrnr of that certain tract of land as describe -1 in deed to Williain _ Rue ker
and Zeno Rucker Trustees of ffit William W. Rucker and Zena Rucker Faunily `1 rta't ag
retorded in Volume 12591, Page 2:267 D_R:T_C_T_;
THENCE N 119° 57' DY E �doag said right-4-way a distance of 239,67 #'eet to a Ill " iron
rod found +pith a cap and said point Ding the nanhw&st come of that certain tracc far land
as descrik d in deed to RCP Southdake Blvd #2, LTD as recot*d in Instrument
#D203471724 D.R.T.C.T.;
THENCE.S 11" 16' 59" E along the west line of said RCP tract a distance of 520.09 feet
to a 518' iron toe found;
THENCE 5 00° 23' Or' W along the west line of said RCP twt a distance of 331.21 feet
to a 518 " iron rod found;
THENCE S 89° 2l' 17" W a distance: of 191.24 Feet to a 99 " iron rod found to the
northeast corner of said Rtrcker trace.
THENCE S 89112W 28„ W along the -north line of said Rucker tract distance of 131.19
feel k.5 ;a 518 " iron PA found and said point being at the rsotitllyeot corner of said I mkur
tract rmorded in Volume 1 2591, Page 2267;
THENCE N 01'° 08' 22" W along the cast line of said Rucker trace a distance of 944.88
feet to the Point of Beginning and containing in all 254434 squats feet or 5.841 acs -of
land,
Case No.
ZA10 -054
Attachment G
Page 8
EXHIBIT "B"
Reserved for Approved Site Plan
Case No.
ZA10 -054
Attachment G
Page 9