Item 8ACity of Southlake
Department of Planning
STAFF REPORT
July 11, 2003
CASE NO
ZA03 -030
PROJECT: Westgate Plaza (zoning change and site plan)
REQUEST: On behalf of David Cunningham, Pate Engineers, Inc. is requesting approval of a
zoning change and site plan.
ACTION NEEDED: Consider first reading for zoning change and site plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Background Information
Vicinity Map
Plans and Support Information
Site Plan Review Summary
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -422
Full Size Plans (1br Commissvion and Council Members Only)
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA03 -030
BACKGROUND INFORMATION
OWNER: David Cunningham
APPLICANT: Pate Engineers, Inc.
PURPOSE: The purpose of this request is to rezone the subject property to allow parking
as a permitted principal use for a proposed development falling within both
Grapevine and Southlake.
PROPERTY SITUATION: The property is located on the north side of State Highway 114,
approximately 860' west of Park Boulevard in Grapevine.
LEGAL DESCRIPTION: A portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter
Survey, Abstract No. 458, and being approximately 1.02 acres.
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "C -3" General Commercial District
REQUESTED ZONING: "S -P -1" Detailed Site Plan District
HISTORY: -No development history exists on this site. However, the City placed "C -3"
zoning on the property with the adoption of Zoning Ordinance No. 480 on
September 19, 1989.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends State Highway 114 to have
between 300' and 500' of right -of -way. Adequate right -of -way exists for the
highway.
Existinz Area Road Network and Conditions
The proposed development will have one (1) access directly onto the SH 114
service road. The development will also have one (1) access that connects to
a service driveway that leads to Northwest Highway.
State Highway 114 will be a 6 -lane, divided freeway with 3 -lane service roads
on either side. The highway is under construction through most of Southlake
but is completed east of Kimball Avenue.
Case No. Attachment A
ZA03 -030 Page 1
May, 2002 traffic counts on S.H. 114 (between Kimball Ave & F.M.
1709
24hr
West Bound (WB) (22,034)
East Bound (EB) (23,446)
WB
Peak A.M. (1,794) 8 — 9 a.m.
Peak P.M. (1,752) 4 — 5 p.m.
EB
Peak A.M. (2,116) 7 — 8 a.m.
Peak P.M. (1,865) 5 — 6 p.m.
WATER & SEWER:
P &Z ACTION:
STAFF COMMENTS
Case No.
ZA03 -030
Traffic Impact
*Vehicle Trips Per Day
*The AMIPM times represent the potential number of vehicle trips generated
during the peak travel times on S.H. 114.
Use
Sq. Ft.
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Shopping Center
83,000
3,562
52
33
149
161
Pathways Master Plan
An 8' multi -use trail is required along SH 114. Due to the grade within the
right -of -way, the trail is proposed to lie within the subject property. Any
portion of the trail encroaching within the subject property must be contained
entirely within a pedestrian access easement
The development will connect into the water and sanitary sewer systems of
the City of Grapevine.
June 19, 2003; Approved (5 -0) subject to Site Plan Review Summary No. 3,
dated June 13, 2003; granting requested variance in stacking depth.
Attached is Revised Site Plan Review Summary No. 3, dated July 11, 2003.
Under the "S -P -l" site plan district zoning the applicant proposes the
following:
Uses
The proposed permitted uses are to include all "C -3" district uses with an
addition to include parking as a permitted principal use.
Development Regulations
The proposed development regulations are to follow all the development
regulations of the "C -3" district with the following exceptions:
• Bufferyards: Bufferyards along the perimeter site boundary shall adhere to
the requirements of Sections 42 & 43, except that:
• No bufferyards shall be required along lot lines interior to the site
boundary;
• No bufferyards shall be required along lot lines adjacent to the City of
Attachment A
Page 2
Grapevine.
A variance is requested for the following:
Stacking Depth: The site requires a minimum of 150' of stacking
depth. The plan shows 38' of stacking for the west drive and 50' on
the east drive.
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Case No.
ZA03 -030
Attachment A
Page 3
Vicinity Map
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WESTGATE PLAZA
April 14, 2003
The tract lies withing the city limits of both Southlake and Grapevine. The bulk of the project,
which will be comprised of commercial buildings, falls in Grapevine. As a result the proposed
buildings will be in Grapevine. Proposed improvements within Southlake will consist of
landscaping, parking and sidewalks.
We respectfully request that the SP2 zoning allow parking as a primary use. We believe that
the unusual relationship of the city limits precludes any other use within Southlake.
Case No.
ZA03 -030
Attachment C
Page 2
_ a
ENGINEERS
June 2, 2003
Mr. Ben Bryner
City of Southlake
1400 Main Street
Southlake, Texas 76092
Reference: Westgate Plaza
Case No. ZA 03 -030
Dear Ben:
We have addressed the comments provided in your second review of both the site plan and
preliminary plat for Westgate Plaza. At your suggestion we are preparing the final plat for
submittal this week. We truly appreciate the staff's efforts on our behalf.
In response to comment 5 on the site plan review, we are requesting a variance to the staking
depth requirement for the west drive. As you are aware, only the drive connection to the
frontage road is actually in the City of Southlake. The actual building and parking sites are in
the City of Grapevine. The affected driveway does not fall within the city limits of Southlake.
The 27 copies of both the preliminary plat and site plan are attached. We have also included
the 11 x17 reduction and the digital copy of both files. Your consideration is greatly appreciated.
Should you have any questions, please call.
Sincerely,
PA E Gl S, INC.
Ja E. rsh, P.
/J EM
Attachment
cc: David Cunningham
089600700.101 wpd.wpd
Case No.
ZA03 -030
RFT'D ! J 1 0 2 2003
Attachment C
Page 3
SITE PLAN REVIEW SUMMARY
Case No.: ZA03 -030 Revised Review No.: Three Date of Review: 07/11/03
Project Name: Site Plan — Westgate Plaza (Grapevine)
APPLICANT: ENGINEER: Pate Engineering
Jay Marsh
8150 Brookriver Dr, Suite S -700
Dallas, TX 75247
Phone: Phone: (214) 357 -2981
Fax: Fax: (214) 357 -2985
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/02/03 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS ORNEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086.
General Development Standards Applies Comments
Corridor Overlay Regulations
Y
Complies
Residential Adjacency
N
N/A
Building Articulation
N
N/A
Masonry Standards
N
N/A
Impervious Coverage
Y
Complies
Bufferyards
Y
Complies
Interior Landscape
N
N/A
Driveways
Y
See Comments No. 1
Lighting
Y
Must comply with Outdoor Lightning Ordinance No. 639 -B
The site requires a minimum of 150' of stacking depth. The plan shows 38' of stacking for the west
drive and 50' on the east drive. (A variance has been requested)
2. Provide a metes and bounds legal description based on the most current boundary survey.
INFORMATIONAL COMMENTS
* An 8' multi -use trail is required along SH 114. Any part of the trail proposed on the subject property
must be contained entirely within a pedestrian access easement.
* The proposed site does not exceed the maximum permitted impervious coverage area percentage of
75% for the "C -3" Zoning District. The applicant is proposing a maximum impervious coverage of
57% for the site.
Case No. Attachment D
ZA03 -030 Page 1
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
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 permit from TxDOT must be obtained prior to any curb cut along SH 114
Please be aware that any change of tenant /owners with a request for a new C.O. will require that all
parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes
shall be per the Fire Department's requirements.
Case No.
ZA03 -030
Attachment D
Page 2
Surrounding Property Owners
Westgate Plaza
1
Owner
Zoning
Land Use
1. City of Grapevine
1.
1. 1.
2. F. Branan
2. C3
2. Retail Commercial 2.
3. State of Texas
3.
3. 3.
4. F. Branan
4.
4. Office Commercial 4.
Acreage
0.94
1.01
Case No. Attachment E
ZA03 -030 Page 1
Surrounding Property Owner Responses
Westgate Plaza
Notices Sent: Three (3)
Responses: None
Case No.
ZA03 -030
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -422
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 A PORTION OF TRACTS 2E2, 2E5, 2E6, 2E9B, AND
2E14, SITUATED IN THE T. EASTER SURVEY, ABSTRACT NO.
458, AND BEING APPROXIMATELY 1.02 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"C -3" GENERAL COMMERCIAL DISTRICT TO "S -P -1" DETAILED
SITE PLAN DISTRICT WITH "C -3" GENERAL COMMERCIAL
DISTRICT USES TO INCLUDE PARKING AS A PERMITTED
PRINCIPAL USE, 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
Case No. Attachment G
ZA03 -030 Page 1
WHEREAS, the hereinafter described property is currently zoned as "C -3" General
Commercial District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs to
traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of
parking as determined by requirements of this ordinance for off - street parking facilities; location of
ingress and egress points for parking and off - street loading spaces, and protection of public health by
surfacing on all parking areas to control dust; effect on the promotion of health ad the general
welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of
population, and effect on transportation, water, sewerage, schools, parks and other public facilities;
and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use ofthe land throughout
this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does fund that there is a public
Case No. Attachment G
ZA03 -030 Page 2
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 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:
Case No. Attachment G
ZA03 -030 Page 3
Being a portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter
Survey, Abstract No. 458, and being approximately 1.02 acres, and more fully and
completely described in Exhibit "A" from "C -3" General Commercial District to "S -P-
F Detailed Site Plan District with "C -3" General Commercial District uses to include
parking as a permitted principal use as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions
established in the motion of the City Council and attached hereto and incorporated
herein as Exhibit "C."
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
Case No. Attachment G
ZA03 -030 Page 4
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 ifthe
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.
Case No. Attachment G
ZA03 -030 Page 5
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
Case No.
ZA03 -030
day of , 2003.
Attachment G
Page 6
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA03 -030
Attachment G
Page 7
EXHIBIT "A"
Being a portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E 14, situated in the T. Easter Survey, Abstract
No. 458, and being approximately 1.02 acres.
"Insert M &B description"
Case No.
ZA03 -030
Attachment G
Page 8
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Proposed Permitted Uses and Development Regulations for the "S -P -l" Zoning Request
Westgate Plaza
Uses
The proposed permitted uses are to include all "C -3" district uses with an addition to include parking as a
permitted principal use.
Development Regulations
The proposed development regulations are to follow all the development regulations of the "C -3" district
with the following exceptions:
Bufferyards: Bufferyards along the perimeter site boundary shall adhere to the requirements of
Sections 42 & 43, except that:
• No bufferyards shall be required along lot lines interior to the site boundary;
• No bufferyards shall be required along lot lines adjacent to the City of Grapevine.
Case No. Attachment G
ZA03 -030 Page 10
EXHIBIT "C"
This page reserved for the approved City Council motion.
Case No. Attachment G
ZA03 -030 Page 11