Item 10FCity of Southlake
Department of Planning
STAFF REPORT
February 28, 2003
CASE NO: ZA02 -104
PROJECT: Southlake Town Square
REQUEST: On behalf of Southlake Town Square, the City of Southlake is requesting approval
of a zoning change and concept plan in conjunction with the creation of the
Downtown Zoning District ( "DT ").
ACTION NEEDED: Conduct a public hearing and consider second reading for zoning change and
concept plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
Background Information
Vicinity Map
Concept Plan
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -410
11" x 17" Concept Plan (Council Members only)
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA02 -104
BACKGROUND INFORMATION
APPLICANT: The City of Southlake
PURPOSE: To promote and retain the unique nature of Town Square as the
community's Downtown.
PROPERTY SITUATION: The property is located on the south side of State Highway 114, north
side of East Southlake Boulevard (FM 1709) and east side of North
Carroll Avenue.
LEGAL DESCRIPTION: Blocks 1R, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square,
and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481.
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: "NR -PUD" Non - Residential Planned Unit Development District
REQUESTED ZONING: "DT" Downtown District
STAFF COMMENTS: A Concept Plan is attached (see Attachments "C" and "G "). The
intent of this zoning change is to retain all previously approved plans
and uses permitted on the property. Any future plan approvals and /or
placement of new uses must adhere to the conditions of the "DT"
district and any other applicable ordinances.
P &Z ACTION: December 5, 2002; Approved (5 -0)
COUNCIL ACTION: December 17, 2002; Approved First Reading on Consent (6 -1)
M \Community Development \WP - FILES \MEMO \2002cases \02- 104ZCP.doc
Case No. Attachment A
ZA02 -104 Page 1
Vicinity Map
outhlake Town Square
1000 0 1000 2000 3000 Feet
N
Case No.
ZA02 -104
E
Attachment B
Page 1
�;. .. ODD
N Z LUD= `a \
1 RETAIL COMMERCIAL \ ``a``y\ `a \ NR
H— O
LUD
LOT `
0 GREEN1fAY- ARROLL ADDITION M
��` ` \ '�K`, ` �� \�., 1', = .
APPROVED P1NAL PICT \ `` `.� ` MIXED USE
(RECORD RiFO. PENDING) �:'. , \
5 CASE N0. 7r1o1- 103.. , `\ 5D
4 LOT 2 2a 2 5
B c
D. a c !" Q bi ' ~ aye:. �:.\ ```.`,.`;; ;«r `, 2g 1VRPUD zeiA zcI
D. U > LUD=
E ti3e CS ,® ` e,`:. MIXED USE
C LUD — °' BO NDARY ae `. \ *`,` . i \ a \ 2c
6482e B.F_
:ST couRT - MIXED USE `a`. `\`: ;`• ,
I Y
MIME B.F.
• ® Br' m -o8.s\ •.\ ` ,moo,\ .\ AG
UD=
C F CE COMMERC
Bros . `•
rery re 1n1s s.f.
ON
.W ADM
°� d 31529. F. �♦ `�`�,
SLIDE 784 O LOT f 9 C� q1`•• \ \\ ``� 26
.T.C.T. •!. sm� s.F. l \� °
V / /�•�j {52.5' P.O. M. A /.,Uq�� `�
70OIHaI� 186a1afE - LIMIT 1 f / /," "
° G �
o 1
P . TOIM amuaE // 'P L 24 ` `
18' aE• L0030 i .`. -T. rASE 1 / - :B UND .Hi,
1a u.F I P -1
•/] arner RiIVE �® i f // f LBRIN $l f/ //
2 i8 B.F. /_BJ lxef{E EASDidT
w UO i 68¢7e96.F.
'NADiN110h3
r>UDE13M mLGTO i 785' n a x 1 - ._ vj �i ;' I� sru u. VILLAGECENTER
.T.C.T. _ -- P.U.D. BUILDING ENVELOPE p5+9e V,/ / /� �. / it PHASE2
t5. 9wI9neE e e BOUNDARY �-�+ '� C.T 5d.30B8
3 uTi1.1TS 3C mm :m BUILDING ENVELOPE l MISS 9 -c. ., jj o / I I
/ 1 89a1B LOT 4
G O 195' R -o. w.l 23 C -3
�' ¢ // Tll BLOCK
A 2
!.c
/ /.: qW
10 x+asw a. c. +/ /�� we �i f " I
�c%Sn ji LUD -
" �• 81DG [awon ° /// J181808 k><' T� ! I
/,i% RETAIL COMMERCIAL
"`_. _ Y33'AffL%'l2
U7 P 9rM III
r AG {em's a s of �sr ( f � f O LOT 3
15 77:tvt ` Y oeID %La �r / j i; I �I 21
W 3 Al 11 BUILDING ENVELOPE C BUILDING ENYELOPEIR 4Lr. ,F y t.�a' j�,r'" - • - • - I I� BLOCK 2
�'a a .! ®don / / /. I {.. 1° . "'. " .j • `'L so acct55 1-T
as V �✓` {�//� / I ,ri.. es7 I _____
SR7 SR2„ JPDUk'TlDiw �F ` /. -° IY� - _�___ - LOT 3
APPROVED CONCEPT -IAN I `� i /�1 ��1 / l 4 y ad'- I I l, r ss u.6 BLOCK P
CRESTWOOD DM ICE PARK
%f•'•'S1'.'P� 20 15' u E
SP -2 'f! "7 f , /
sogT maxr h -- - 7_ - - --
1� iNLM29LV6. y . y �' 7, - w•ml R mug m.r
v .re• am.u� ®.m wa.w. m.m 1a Irrxuar
- — - -- - -- --- ----- - - - - - -- - - -- - - - - -_ = 2asElExr _
n maNAI
4 LOT 6
16
O _. LOT 5 ILOT SR 13
4G D SP2 7A
13 ae,8 a 14 PROPOSED 15 i7 19 cl
0 -1
DRIVE r r
UD AG AP PROVE D CONCEPT PLAN �` EASENEN C2
1Q "�
LUD= SD ratauP COMMONS '00 GDaeuTT DON. gp_2
YO L. 30. 2P5.
LUD= SP-2 P. PG =
DENSITY LUD= R. T. D. 460 -67A
01
� _
Hr iIDENTLAL MED_ DE NSI _ OFFICE COMMERCIAL �7 1a MIRON ADDITION
Surrounding Property Owners
Southlake Town Square
7 7
2
3 24'
y 23 22
5 4
8
21
20
13 y 14 4 1 " 1 V
Owner
Zoning
Land Use
Acreage
1. Greenway Carroll
1.
C3
1.
Retail Commercial
1.
10.0
2. City of Southlake
2.
CS
2.
Mixed Use
2.
2.68
3. The Fechtel Group
3.
C3
3.
Mixed Use
3.
31.7
4. United States Postal Serv.
4.
SP1
4.
Mixed Use
4.
2.86
5. Southlake Venture West
5.
SP1
5.
Mixed Use
5.
2.28
6. M. Wright
6.
SF -20A
6.
Med. Density Residential
6.
0.53
7. P. Linn
7.
SF -20A
7.
Med. Density Residential
7.
0.47
8. Mendez Ltd
8.
AG
8.
Med. Density Residential
8.
3.00
9. J. Strunk
9.
AG
9.
Med. Density Residential
9.
3.00
10. Greenway Rowlett
10.
SP2
10.
Med. Density Residential
10.
1.17
11. Southlake Venture
11.
NRPUD
11.
Mixed Use
11.
0.25
12. Southlake Venture
12.
SP2
12.
Mixed Use
12.
0.51
13. A. Prade
13.
AG
13.
Med. Density Residential
13.
18.0
14. S. Carroll /1709 Ltd
14.
SP2
14.
Office Commercial
14.
29.1
15. Tx. Health Resource
15.
SP2
15.
Office Commercial
15.
12.6
16. E. Taylor
16.
Ol
16.
Office Commercial
16.
1.52
17. P. Bruton
17.
SP2
17.
Office Commercial
17.
1.00
18. Z &E Land
18.
C2
18.
Office Commercial
18.
1.03
19. G. Miron
19.
C2
19.
Office Commercial
19.
1.03
20. Goldfish (DE) Lp
20.
C3
20.
Retail Commercial
20.
4.68
21. HD Development
21.
C3
21.
Retail Commercial
21.
11.5
22. State of Tx.
22.
C3
22.
Retail Commercial
22.
2.06
23. PKB Enterprises
23.
C3
23.
Retail Commercial
23.
40.5
24. The Fechtel Group
24.
NRPUD
24.
Mixed Use
24.
31.7
25. Southlake Venture
25.
NRPUD
25.
Mixed Use
25.
4.73
26. Southlake Venture
26.
NRPUD
26.
Mixed Use
26.
4.21
27. SL Central II Venture
27.
NRPUD
27.
Mixed Use
27.
4.64
28. City of Southlake
28.
NRPUD
28.
Mixed Use
28.
0.93
29. Southlake Venture
29.
NRPUD
29.
Mixed Use
29.
4.31
30. Southlake Venture West
30.
NRPUD
30.
Mixed Use
30.
1.54
31. City of Southlake
31.
NRPUD
31.
Mixed Use
31.
0.68
32. City of Southlake
32.
NRPUD
32.
Mixed Use
32.
0.81
Case No. Attachment D
ZA02 -104 Page 1
Surrounding Property Owner Responses
S outhlake Town Square
Notices Sent: Twenty -Seven
Reponses: None
Case No.
ZA02 -104
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -410
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 BLOCKS
1R, 2R1, 3R1, 4R, 5R, 6, 7, AND 8, SOUTHLAKE TOWN SQUARE,
AND TRACTS 3,3A, 2A5, AND 2A, R. EADS SURVEY, ABSTRACT
NO. 481, BEING APPROXIMATELY 105 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR -PUD"
NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
TO "DT" DOWNTOWN DISTRICT, 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 "NR -PUD" Non - Residential
Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment F
ZA02 -104 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
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,
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
Case No. Attachment F
ZA02 -104 Page 2
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 Blocks 1R, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, an addition to the
City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 4892, 6888 and
6889, Plat Records, Tarrant County, Texas, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey,
Abstract No. 481, being approximately 105 acres, and more fully and completely described in
Exhibit "A" from "NR -PUD" Non - Residential Planned Unit Development District to "DT"
Downtown District.
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.
Case No. Attachment F
ZA02 -104 Page 3
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
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,
Case No. Attachment F
ZA02 -104 Page 4
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
ten (10) 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 frill 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 , 2002.
Case No. Attachment F
ZA02 -104 Page 5
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA02 -104
Attachment F
Page 6
EXHIBIT "A"
Being Blocks 1R, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, an addition to the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 4892, 6888 and 6889, Plat Records,
Tarrant County, Texas, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481, being
approximately 105 acres.
Case No. Attachment F
ZA 02 -104 Page 7
EXHIBIT "A,,
BEGINNING at a found 518 inch iron rod in the south right -of -way line of State Highway 114
(Northwest Parkway) (a 200 foot R.O.W.), said point being the southeast corner of a tract of land,
conveyed to Greenway- Carroll Road Partners, recorded in Volume - 11445, Page 1627, Deed Records,
Tarrant County, Texas, said point also being the most northerly, northeast comer of Fechtel tract;
THENCE South 47 °56'15" East, along said south right -of -way line, a distance of 171.70 feet to a
Texas Highway Department monument found for corner, said point being the point of curvature of a
curve to the left, having a delta of 17 1 26'51 a radius of 5,839.58 feet and a chord bearing and
distance of South 56 1 39'41" East, 1,771.38 feet;
THENCE southeasterly, continuing along said south right -of -way line and along the arc of said curve
to the left, a distance of 1,778.25 feet to a 1/2 inch iron rod with cap found for corner said point being
the northeast corner of said Peterka tract and the northwest corner of a twenty foot strip of land,
conveyed to Diamond Shamrock Corp., recorded in Volume 6812, Page 2108, Deed Records, Tarrant
County, Texas;
THENCE South 00 °01'16" East, leaving said south right -of -way line and along the east line of said
Peterka tract and the west line of said Diamond Shamrock tract, a distance of 1,517.13 feet to a 112
inch iron rod with cap found for comer in the north right -of -way line of Southlake Boulevard (F.M.
1709) (a 130 foot R.O.W.), said point also being the southeast comer of said Peterka tract and the
southwest comer of said Diamond Shamrock tract;
THENCE North 89 West, along said north right -of -way line, z distance of 820.00 feet to a 112
inch iron rod with cap found for corner;
THENCE North 88 1 55'18" West, continuing along said north right -of -way line, a distance of 505.52
feet to a. 5/8 inch iron rod found for corner, said point being the southwest corner of said Peterka tract
and the southeast comer of said Fechtel tract;
THENCE North 88 °54'16" West, continuing along said north right -of -way fine, a distance of 1,261.13
feet to a 518 inch iron rod found; for comer, said point being the southwest corner of said Fechtel tract,
said point also being the intersection of the north right -of -way line of said Southlake Boulevard and the
east right -of -way line of North Carroll Avenue (a variable width R.O.W.);
TH N E North 00 11'06" West, along said east right -of -way line, a distance of 987.22 feet to a point
for corner;
SAVE AND EXCEPT area within State Highway 114 right -of -way, area within North Carroll Avenue
Case No. Attachment F
ZA 02 -104 Page 8
right -of -way, and Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant
County, Texas, as recorded in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas.
Case No.
ZA 02 -104
Attachment F
Page 9
EXHIBIT `B"
Case No. Attachment F
ZA 02 -104 Page 10