Item 6A13 SOUTHLAI<,,E
CITY OF
Department of Planning & Development Services
STAFF REPORT
January 13, 2011
CASE NO: ZA10 -039
PROJECT: Southlake Montessori
EXECUTIVE
SUMMARY: On behalf of Pecan Creek Southlake Partners, Blake Architects is requesting
approval of a Zoning Change and Concept Plan from "O -1" Office Zoning District to
"S -P -2" Generalized Site Plan Zoning District for the development of a one new
one -story building approximately 18,975 square feet in size consisting of a
Montessori School, medical office uses and general office uses on 2.25 acres
located on the south side of Zena Rucker Road and adjacent to Rockenbaugh
Elementary School at 731 Zena Rucker Road. SPIN #9
DETAILS: Blake Architects is requesting approval of a Zoning Change from "0-1" Office
Zoning District to "S -P -2" Generalized Site Plan Zoning District to establish office
uses under the "0-1" zoning district and a daycare/ Montessori School with a
private "K" program as noted in the "S -P -2" Zoning Letter under "Attachment C' of
this staff report. The original proposal heard by City Council included one building
for a Montessori School approximately 9,370 square feet in size and the second
building, approximately 9,605 square feet in size, serving as medical office use.
The applicant has now since then modified the building footprint further and
consolidated the two buildings to form one building approximately 18,975 square
feet in size with the Montessori School use, medical use and general office use.
On August 17, 2010 the City Council approved the proposal subject to modifications
being made to the concept plan. On September 7, 2010 City Council granted the
applicants request to table during the 2 nd Reading to address some of the concerns
expressed such as parking, stacking depth, size of buildings and site layout.
Case No.
ZA10 -039
Modification
..
Concern
1 st Rea ding
.
Parking seems
Applicant added 3
Applicant modified plan
insufficient for the uses
spaces for a total of 81
and now has 80 parking
proposed
parking spaces.
spaces.
Applicant combined the
Applicant has combined
Too many buildings
two Montessori school
both buildings to make
located on the lot
buildings for a total of 2
buildings on the lot.
one.
The western drive aisle
Western drive aisle
has been moved
approximately 20 -feet
1st
No change since 1
located to close to the
east to accommodate
Reading
western boundary line
parking on both sides
of the aisle.
Case No.
ZA10 -039
Seek input from CISD
for location of the
western drive aisle into
Rockenbaugh
Elementary property
FiTQI[a] 011011=I =I17=I1:3
ATTACHMENTS:
The drive aisle
connection to
Rockenbaugh was
placed on the
northwest corner of the
lot.
The drive aisle was
placed in its original
location after discussion
with CISD.
1) Conduct Public Hearing
2) Consider 2 nd Reading Zoning Change & Concept Plan Approval Request
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint
(D) Review Summary No. 5, dated January 11, 2011
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480 -598
(H) Full Size Plans (for Commission and Council Members Only)
6.1 r e l a & @i•] 01 k r_ « Ka", I: n
Daniel Cortez
(817) 748 -8067
(817) 748 -8070
Case No.
ZA10 -039
BACKGROUND INFORMATION
OWNER: Pecan Creek Southlake Partners
I_1» I RIM 011 :3F1Ca- R•1i1[rZ=
PROPERTY SITUATION: 731 Zena Rucker Rd.
LEGAL DESCRIPTION: Lot 4, Block 1, Pecan Creek Addition
LAND USE CATEGORY: Office Commercial / 100 -Year Flood Plain
CURRENT ZONING: "0-1" Office Zoning District
PROPOSED ZONING: "S -P -2" Generalized Site Plan Zoning District
HISTORY: - July 3, 1979 City Council approved a Plat Showing for two lots on 25
acres of land.
- February 22, 1984 City Council approved a Plat Revision for a
subdivision of Lot 2 into three lots.
- On October 2, 2001 City Council approved a Zoning Change and
Concept Plan for this location under Planning Case ZA01 -077. Under
the approval for this case the following conditions were placed on this
lot: providing a 20' bufferyard with evergreen plant material adjacent to
school property; accommodating an east -west access road in the
design; no 2 story buildings permitted on the two south lots; and
requiring pitched roof residential style construction on the south two
lots. The applicant has indicated to staff compliance with these
conditions and will provide additional materials when requesting a Site
Plan approval from City Council.
- A Plat Vacation of the Dilg Addition was approved by City Council on
January 7, 2003 under Planning Case ZA02 -054.
- On January 7, 2003 City Council approved a Preliminary Plat for Pecan
Creek under Planning Case ZA02 -052 for the subdividing of the Dilg
Place Subdivision.
- On January 9, 2003 the Planning & Zoning Commission approved a
Final Plat under Planning Case ZA02 -053 to begin construction of
two commercial /retail buildings on two lots.
- On January 17, 2003 the Planning & Zoning Commission approved a
Final Plat under Planning Case ZA03 -049 in order to obtain a building
permit for the construction of a medical office building on Lot 3, Block
1 of Pecan Creek.
- On January 4, 2005 the City Council approved a revised Development
Plan under Planning Case ZA04 -063 to designate the alignment for an
approximate 500 feet section of Zena Rucker Road that will extend east
from Byron Nelson Parkway.
- On August 2, 2005 the City Council approved a Plat Revision for Pecan
Creek under Planning Case ZA05 -044 to create lots for general /medical
office construction and to dedicate the right -of -way for Zena Rucker
Road through the Pecan Creek development.
- On September 20, 2005 a Zoning Change and Site Plan were approved
on Lot 2 of the Pecan Creek Development under Planning Case ZA05-
050 for the construction of a medical office building (Baylor Family
Case No. Attachment A
ZA10 -039 Page 1
Health Center at Southlake).
CITIZEN INPUT: A Southlake Program for the Involvement of Neighborhoods (SPIN) meeting
was held on July 12, 2010. The report for this meeting is under Attachment
"C" of this staff report.
SOUTHLAKE 2025 PLAN: Consolidated Land Use Plan
The Southlake 2025 comprehensive plan
designates this site as Office Commercial
and 100 -Year Flood Plain. The existing
zoning and type of development being
proposed at this location is consistent with
the Land Use Plan.
WATER & SEWER: Water
There is an existing 8 -inch water line on
the north side of Zena Rucker Road that will
serve this development.
Sewer
There is an existing 8 -inch & 10 -inch sanitary sewer line adjacent to this
property that the applicant can tap into for service.
TREE PRESERVATION: The site contains little to no tree cover other than the southern boundary
and a few trees in the center of the property including two (2) Cedar Elms
which are over 6" in diameter, three (3) Soap Berry's, which are deceased,
and the rest are Hackberry, Mesquite, and American Elms which are shown
to be removed and not a protected size. Under a previous approval by City
Council (ZA01 -077) there was a condition placed on this lot for a 20 -foot
bufferyard containing evergreen plantings. The applicant has indicated this
on the Concept Plan provided.
PLANNING &
ZONING COMMISSION: August 5, 2010; Approved (5 -0) subject to the applicant providing a fence or
other design element around the pond on site so as to treat it as a
swimming pool [for safety purposes], to consider and look into the possibility
of adding another driveway for the purposes of providing traffic relief,
approving the requested variance and subject to Staff Review Summary No.
2, dated July 26, 2010.
CITY COUNCIL: 1 St Reading
August 17, 2010; Approved (7 -0) approving the variance for the driveway
stacking depth and subject to a 6 -foot wrought iron fence being installed
around the perimeter of the future improved detention pond; maintenance of
the detention pond will be the applicant's responsibility so silt does not
build; not granting the variance in parking reduction; noting that an aeration
feature such as a fountain must be installed in the detention pond and also
noting the applicants willingness to work with the Carroll Independent
School District and City Staff regarding the western driveway access
easement for access to Rockenbaugh Elementary; subject to Concept Plan
Review Summary No. 3, dated August 9, 2010.
2nd Reading
September 7, 2010; Tabled (7 -0) to the next scheduled City Council meeting
Case No. Attachment A
ZA10 -039 Page 2
date to address some of the concerns expressed by Council such as
parking, stacking depth, size of buildings and site layout.
On September 21 October 5 October 19 November 2 November
16 and December 7, 2010 and January 4 2011 City Council granted the
applicants request to table until the next scheduled regular City Council
meeting date. The applicant has requested to be tabled 8 times in order to
consider options of revising the plans and further address concerns
expressed by Council.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated January 11, 2011.
N.ICommunity Development MEMO12010 Cases1039 - ZCP - Southlake MontessorilStaff Report
Case No. Attachment A
ZA10 -039 Page 3
Vicinity Map
Southlake Montessori
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ZA10 -039
Zoning Change & Concept Plan
731 Zena Rucker Rd.
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0 275 550 1,100
Feet
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Case No.
ZA10 -039
Attachment B
Page 1
Plans and Support Information
Case No. Attachment C
ZA10 -039 Page 1
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BLAKE ARCHITECTS
1202 S. White Chapel Road Suite A
Southlake, Texas 76092 817 -488 -9397
July 28, 2008
City of Southlake
Site Plan ZAIO -039
Southlake Montessori
Zena Rucker Road
Soutlake, Texas 76092
Sl' -2 Zoning Request:
All requirements under 0-1 Zoning shall be followed and met with the exception of the
following permitted uses change:
In addition to the permitted uses under 18.2 add item number
37. Daycare / Montessori School with Private "V' Program.
Section 35 Off - street Parking Requirements:
Site shall allow a ten percent 10% parking required reduction.
JUL 19 1010
Z A 1 0- 0 3 9
Case No. Attachment C
ZA10 -039 Page 3
SPIN MEETING REPORT
CASE NO. ZA'I 0 -039
PROJECT NAME: Southlake Montessori
SPIN DISTRICT: SPIN 4 9
MEETING DATE: July 12, 2010
MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS
NIEETING ROOMS 3A & 3B
TOTAL ATTENDANCE: Fifteen (15)
• SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (49), Ron Evans (410)
• APPLICANT(S) PRESENTING: Cary Clarke, Pecan Creek Southlake Partners Jim
Kelly, Champions DFW Realty
• STAFF PRESENT: Clayton Comstock, Planner II
STAFF CONTACT: Clayton Comstock, (817)748 -8269; ccomstock a,ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located at 731 Zena Rucker Road, just northeast of Rockenbaugh
Elementary School
Development Details
• The applicant is requesting approval of a Zoning Change and Concept /Site Plan for a
Montessori school and medical office building on 2.25 acres located at 731 Zena
Rucker Road, next to Rockenbaugh Elementary School. The first two buildings will
be leased by the property owner to a Montessori school and the third building
(approx. 9,600 square feet) will house medical offices.
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Case No. Attachment C
ZA10 -039 Page 4
QUESTIONS / CONCERNS
Q What is the square footage of the second (unbuilt) building?
A: The Montessori classroom building is approximately 5,800 square feet: the Alontessori
activity building is approximately 3,500 square feet; and the medical office building is
approximately 0,600 square feet.
Q: Should you be concerned fort the safety of the children looking at how close the
retention pond is to the school?
A: The detention pond is planned to be enclosed by a fence.
Q: How many students do you anticipate?
A: Approximately 108 to 110 students_
Q: No buses? Parents will come and pick up at the same time?
A: Drop -off and pick -up will be staggered throughout the day depending on the parents'
schedules.
Q: Will there be an opportunity for after - school care for Rockenbaugh students?
A: Yes.
Q: Who will be the administrator of the school?
Q: What are the students' ages? Youngest? Oldest?
A: The Montessori School services children 6 months to 6 years, after - school care is
provided until 12 years old.
Q: Do you think you'll be too small at some point?
A: The program is meant to be selective and small class numbers, so no.
Q: Are you aware of all the day cares currently proposed in the area?
A: We have kept track of the existing and proposed day cares and schools in the area.
Q: Has anyone enrolled yet?
A: We have not marketed this site yet.
Q: What is the anticipated completion date? Anticipated lease?
A: As soon as the property is entitled we will begin construction. The lease with the
property owner will likely be for 10 years.
Q: Explain bus drop off.
Q: Would you be willing to install a swing gate?
Q: Is there a car line? How does drop -off pick -up work? Will a pick -up / drop -off lane be
required?
Case No. Attachment C
ZA10 -039 Page 5
A: There will not be any car lines. Parents will park and enter the building to pick up their
children.
Q: Did you consider pulling the buildings closer to Zena Rucker Rd?
A: No. that was not considered.
Q: Is Rockenbaugh the only adjacent property?
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN
Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform
elected and appointed officials, City staff, and the public of the issues and questions raised by
residents and the general responses made. Responses as summarized in this report should not be
taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case
through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment C
ZA10 -039 Page 6
Mazhar Zia
3904 Oakmeadow Drive
Plano, TX 75093
July 30, 2010
Daniel Cortez
Plainer 1
City of Southlake
1400 Main St.
Southlake, TX 76092
Daiuel,
The proposed Montessori School will have a maximum enrollment of 108 students.
Staff including administration will not exceed 14 employees.
The School will accept children ages of six weeks to six years.
The hours of operation will be 7 am to 6 pm Monday through Friday. The business will
be closed on all federal holidays. The school will be open for business all year around.
The academic cur icuhun will be based on the Montessori philosophy. The school will
not compete with the public schools in Southlake_ The children will graduate when they
reach the age to attend public elementary school.
Sincerely,
Mazhar Zia
469 831 0333
Case No. Attachment C
ZA10 -039 Page 7
MONTESSORI PARKING LAYOUT
Chronological Checkin
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46
37
19
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0 . �. 0 C . Nom
Time
Check out
80
70
60
50
40
30
20
10
0
14:00 150 2 1558 1647 1652 17:03 1711 1723 1732 17:46
Case No. Attachment C
ZA10 -039 Page 8
Case No. Attachment C
ZA10 -039 Page 9
Case No. Attachment C
ZA10 -039 Page 10
Ali
9d
Case No. Attachment C
ZA1 0-039 Page 11
Case No. Attachment C
ZA10 -039 Page 12
CONCEPT PLAN REVIEW SUMMARY
136p. =0 raw, o_l[iai)cm
Project Name: Southlake Montessori
Review No.: Five
Date of Review: 1/11/2011
Fil U U I RIM 011WITIWs]:l111X01;
Blake Architects, Skip Blake
1202 S. White Chapel Blvd., Ste. A
Southlake, TX 76092
Phone: (817) 488 -9397
Fax: (817) 251 -3205
OWNER:
Pecan Creek Southlake Partners, Cary Clarke
P.O. Box 93868
Southlake, TX 76092
Phone: (817) 410 -8400
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
12/20/2010 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
DANIEL CORTEZ AT (817) 748 -8070.
A Site Plan submittal and approval will be required for the development of any buildings on site.
Any change from the Concept Plan will require approval of a Zoning Change by City Council.
2. Correct the parking calculation for the medical office use. There are 8 parking spaces that are
required for the first 1,000 square feet in addition to 1 space for every 150 square feet for the
remaining square footage of the building. This should be shown as 52 spaces required for medical
office use.
Tree Conservation /Landscape Review
Keith Martin, Landscape Administrator
(817) 748 -8229
kmartinCa southlake.tx. us
TREE CONSERVATION COMMENTS:
The tree icons shown on the Site Plan are not correct and no information was provided regarding
the existing trees on the site. Most of the trees shown on the Site Plan were removed during the
first phase of development and the remaining trees west of the detention pond are dead.
Provide the required Tree Conservation Analysis provided with the following information.
Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
a. All grades over 5%
b. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
V. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the site
Case No. Attachment D
ZA10 -039 Page 1
viii. Stream /Creek buffers, if any
ix. The names, addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
X. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property
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.
LANDSCAPE SUMMARY CHARTS:
The interior landscape summary chart must include seasonal color calculations. Please refer to the
Landscape Ordinance 544 -A for the correct interior landscape ratios.
Informational Comments
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
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.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
Please be aware that a Plat Revision must be processed and approved prior to the issuance of a
building permit for changes in easements.
Denotes Informational Comment
Case No. Attachment D
ZA10 -039 Page 2
Surrounding Property Owners
Southlake Montessori
SPO #
Owner
z
Land Use
Acreage
Response
1.
Hov Re Llc
SP1
100 -Year Flood Plain, Retail
1.88
1
Commercial
33
Pecan Creek Shop Cntr Dallas
SP1
Retail Commercial, Office Commercial
8
NR
3.
Hcp Crs2 Ltach - Baylor Southlak
9
100 -Year Flood Plain, Retail
4.52
O
Commercial, Office Commercial
10
7
4.
Rcck Enterprises Llc
01
Office Commercial
0.91
NR
5
5.
Pecan Creek Southlake Prts Lp
6
Commercial, Office Commercial,
2.30
NR
11
SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Hov Re Llc
SP1
100 -Year Flood Plain, Retail
1.88
NR
Commercial
2.
Pecan Creek Shop Cntr Dallas
SP1
Retail Commercial, Office Commercial
1.84
NR
3.
Hcp Crs2 Ltach - Baylor Southlak
SP1
100 -Year Flood Plain, Retail
4.52
O
Commercial, Office Commercial
4.
Rcck Enterprises Llc
01
Office Commercial
0.91
NR
100 -Year Flood Plain, Retail
5.
Pecan Creek Southlake Prts Lp
01
Commercial, Office Commercial,
2.30
NR
Public /Semi - Public
6.
Carroll ISD
RPUD
100 -Year Flood Plain, Public /Semi-
15.83
NR
Public, Medium Density Residential
7.
Pecan Creek Southlake Prtns Lp
RPUD
Retail Commercial, Retail
1.07
NR
Commercial, Public /Semi - Public
8.
Pecan Creek Southlake Prtns Lp
RPUD
Retail Commercial, Office Commercial
0.99
NR
100 -Year Flood Plain, Office
9.
Rucker, William W Est & Zena
AG
Commercial, Medium Density
2.65
NR
Residential
100 -Year Flood Plain, Office
10.
Hayes, Billy W Etux Carolyn
AG
Commercial, Medium Density
2.91
NR
Residential
100 -Year Flood Plain, Office
11.
Jascar Investments Lp
AG
Commercial, Medium Density
4.20
NR
Residential
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Eleven (11)
Responses Received: One (1)
NR: No Response
Case No. Attachment E
ZA10 -039 Page 1
Surrounding Property Owner Responses
I 1 1 N HAPIP
AUG` R-HIO All D 1 1 :44A A 1,1 L I t�j IC 1 0 , - 1, i S
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_AX Nc 912 0 ,64 �JV5 P 0 0
Notification
Response Form
ZAIO-039
Meeting Date: August 5, 2010 at 6i30 PM
,
Ia, 1111" g 4 6.11 og iYr� Ser V ices
W0 8660
Hcp Crs2 Ltach-Baylor Southlak
3100 W End Ave Ste 800
Nashville Tn, 37203
P
31978H I 2R
N'17Y748� 8077
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1 - .4iffoa 9 ma IWO] am 14INVOIXIIII 211-M11 to's 1
Being the owner(s) of the property so noted above, are hereby
in favor of osed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
AA,,a
Signature: Date
I
Printed , N � \,C? Lq52- L
Must be property owner(s) whose narno(3) arb"printed at tap. OtherwisciZntact the Planning Deparimenl. one farm peril
Case No. Attachment F
ZAII 0-039 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -598
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 DESCRIBED AS LOT 4, BLOCK 1,
PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 2.25 ACRES AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " "0-1"
OFFICE ZONING DISTRICT TO "S -P -2" GENERALIZED SITE PLAN
ZONING DISTRICT, 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 "O -1" Office Zoning
District under the City's Comprehensive Zoning Ordinance; and,
Case No. Attachment G
ZA10 -039 Page 1
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 and 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
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existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over - crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Lot 4, Block 1, Pecan Creek Addition, Southlake, Tarrant
County, Texas, being approximately 2.25 acres, and more fully and completely
described in Exhibit "A" from "O -1" Office Zoning District, to "S -P -2" Generalized
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Site Plan Zoning District as depicted on the approved Concept Plan attached
hereto and incorporated herein as Exhibit "B," and subject to the following
conditions:
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.
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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
ordinance or its caption and penalty together with a notice setting out the time and place for a
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public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 17 day of August, 2010.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 7 th day of September, 2010.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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*:/:11:31 W_11
RESERVED FOR METES AND BOUNDS DESCRIPTION
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EXHIBIT "B"
RESERVED FOR APPROVED CONCEPT PLAN
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