Item 7ACity of Southlake
Department of Planning
S T A F F R E P O R T
August 27, 2003
ZA03-020
CASE NO:
Chapel Hill Office Park
PROJECT:
REQUEST: On behalf of Steve and Dixie Garrett, Realty Capital Corporation is requesting
approval of a zoning change and concept plan.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and concept plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-420
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Dennis Killough (481-2073)
Bruce Payne (481-2036)
Case No.
ZA03-020
BACKGROUND INFORMATION
OWNERS: Steve and Dixie Garrett
APPLICANT: Realty Capital Corporation
PURPOSE: The purpose of this request is to receive approval of zoning and a concept
plan for the development of 7 office buildings.
PROPERTY SITUATION: 205 East Southlake Boulevard
LEGAL DESCRIPTION: Tract 5F, OW Knight Survey, Abstract No. 899
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “S-P-2” General Site Plan District with “O-1” Office District uses
HISTORY: There is no development history for this property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends Southlake Boulevard to have
130’ of right-of-way. Adequate right-of-way exists for this road.
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly onto E. Southlake
Boulevard (F.M. 1709). The plan shows common access drives to both the
West and the East giving the site access to S. White Chapel Boulevard and the
future Parkwood Drive.
E. Southlake Boulevard is a 5-lane, undivided thoroughfare with a continuous,
two-way, center left-turn lane. The roadway will ultimately be widened to a
7-lane roadway.
May , 2002 traffic counts on E. Southlake Blvd (between White Chapel
Blvd and Byron Nelson Pkwy)
24hr 20,95922,084
West Bound (WB) () East Bound (EB) ()
WB 1,1062,217
Peak A.M. () 11 – 12 a.m. Peak P.M. () 5 – 6 p.m.
EB 2,1151,389
Peak A.M. () 7 – 8 a.m. Peak P.M. () 5 – 6 p.m.
Case No. Attachment A
ZA03-020Page 1
Traffic
Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Office ± 55,000 607 76 10 14 68
*Vehicle Trips Per Day
**The AM/PM times represent the potential number of vehicle trips generated during the peak
travel times on Southlake Boulevard.
WATER & SEWER: A 12” water line extension is proposed from the east side of the future
Parkwood Drive approximately 350’ away. An 8” sewer line extension is
proposed from the west side of Parkwood Drive approximately 250’ away.
P&Z ACTION: June 5, 2003; Denied (5-0)
COUNCIL ACTION: June 17, 2003; Approved First Reading (7-0) subject to Concept Plan Review
Summary No. 4, dated June 13, 2003, and granting the requested variances.
July 15, 2003; Approved to Table on Consent (5-0) until the August 19, 2003
City Council Meeting.
August 19, 2003; Approved to Table (6-0-1) until the September 2, 2003
City Council Meeting.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 6, dated August 27, 2003.
Under the “S-P-2” site plan district zoning the applicant proposes the
following:
Maximum Impervious Coverage: The overall site shall not exceed 65%
impervious coverage. However, individual lots shall not exceed 80%
impervious coverage.
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.
Variances are requested for the following:
Stacking Depth: Stacking depth for the proposed drive is required to be
75’. The applicant is showing a stacking depth of 41’.
Driveway Spacing: Driveway spacing is 500’ for full-access drives on
Southlake Blvd (FM 1709). The nearest drive to the west is 355’ from
the proposed driveway and the nearest intersection to the east is 470’.
Street Frontage: All lots must front on a street. The applicant proposes
Case No. Attachment A
ZA03-020Page 2
lots to front on a common access easement.
The plan presented to the Planning and Zoning Commission proposed the
following:
Nine (9) office buildings;
Building Floor Area range of 3,500 SF to 11,800 SF
Total Floor Area 55,100 SF.
The Planning and Zoning Commission appeared to be concerned with the
following issues:
density of the project;
the on-site parking deficiency;
the distance from the majority of the parking spaces to the buildings and
lack of walkways;
The following changes were made to the plan following the Planning and
Zoning Commission meeting:
Eliminated one (1) building in the southeast corner of the site (total of
eight (8) buildings now proposed);
Building Floor Area range of 4,000 SF to 16,800 SF;
Total Floor Area of 55,600 SF (increase of 500 SF).
st
The following changes were made to the plan since the 1 Reading at City
Council:
Eliminated one (1) building on the west side (total of seven (7) buildings
now proposed).
Building coverage has been reduced by 5,800 SF;
Total Floor Area has been reduced from 55,600 SF to 54,800 SF
(decrease of 800SF);
Both buildings along the south boundary line are now two story buildings.
Open space has been balanced through the property with larger areas
located in the front and center of the site.
There is a property owner to the east in opposition to this request. This
opposition accounts for approximately 26% of the surrounding property area
within 200’ of the site.
Due to the recommendation for denial by the Planning and Zoning
Commission and opposition in excess of 20% of the surrounding
th
properties within 200’, the affirmative vote of at least 3/4 of the
members of the City Council (6 of 7) is required to approve this request.
Case No. Attachment A
ZA03-020Page 3
Case No. Attachment B
ZA03-020Page 1
Case No. Attachment C
ZA03-020Page 1
Case No. Attachment C
ZA03-020Page 2
Case No. Attachment C
ZA03-020Page 3
Case No. Attachment C
ZA03-020Page 4
Case No. Attachment C
ZA03-020Page 5
Case No. Attachment D
ZA03-020Page 1
Case No. Attachment D
ZA03-020Page 2
CONCEPT PLAN REVIEW SUMMARY
ZA03-020Six08/27/03
Case No.: Review No.: Date of Review:
Concept Plan
Project Name: – Chapel Hill Office Park
APPLICANT: Realty Capital Corporation ENGINEER: Baird, Hampton, & Brown, Inc.
Steve Isbell
th
1111 South Main Street, Suite 200 309 W. 7 Street, Suite 500
Grapevine, TX 76051 Fort Worth, TX 76102
Phone: (817) 488-4200 Phone: (817) 338-1277
Fax: (817) 424-2448 Fax: (817) 338-9245
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/22/03 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086.
1.This site must comply with the “S-P-2” zoning district regulations as approved. The following
differences from the regulations of the Comprehensive Zoning Ordinance No. 480 are proposed as
part of the “S-P-2” regulations:
a)The maximum impervious coverage permitted for the “O-1” Office District zoning is 65%.
The applicant proposes that the overall site shall not exceed 65% impervious coverage except
that individual lots within the site boundary shall not exceed 80% impervious coverage.
b)Bufferyards are required along all interior lot lines. The applicant proposes that bufferyards
shall be provided along the perimeter of the site boundary except that no bufferyards shall be
required along lot lines interior to the site boundary.
2.The following changes are needed with regard to driveways:
a)Stacking depth for the proposed drive is required to be 75’. The applicant is showing a
(A variance has been requested.)
stacking depth of 41’.
b)Driveway spacing is 500’ for full-access drives on Southlake Blvd (FM 1709). The nearest
drive to the west is 355’ from the proposed driveway and the nearest intersection to the east
(A variance has been requested.)
is 470’.
3.Every lot shall abut on a public street or a private street. This concept plan proposes lots to front on
(A variance has been requested.)
a common access easement built to fire lane standards.
4.A reciprocal parking agreement must be executed, reviewed by the City and filed of record (copy of
filed instrument provided to the City) prior to issuance of a building permit for any portion of this
site reliant upon the off-site parking for compliance with the parking requirements. The applicant
Case No. Attachment D
ZA03-020Page 3
proposes the use and construction of off-site parking to comply with parking requirements. The
exhibit attached to the agreement should match the approved Concept Plan.
5.Clearly differentiate between the fire lanes and the common access easement boundaries. Fire lanes
must be labeled in addition to Common Access Easements and may not necessarily correlate.
6.Correct the building/site coverage shown on the plan.
INFORMATIONAL COMMENTS
* 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, and a 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.
* This review is based on the “O-1” Zoning District Regulations.
* This site falls within the applicability of the residential adjacency standards as amended by Ordinance
480-CC, Section 43, Part III “Residential Adjacency Standards” as well as the Corridor Overlay Zone
regulations in Section 43, Part II. Although no review of the following issues is provided with this
concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A
Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council
Note that these issues are only the major areas of site plan
prior to issuance of a building permit.
review and that the applicant is responsible for compliance with all site plan requirements:
•Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as
amended.
•Roof design standards per § 43.13b, Ordinance 480, as amended
•Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended.
•Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance
480, as amended.
•Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended.
•Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended.
•Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular
use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended.
•Screening as per §39.4, Ordinance 480, as amended.
•Interior landscaping per Landscape Ordinance No. 544.
•Fire lanes must be approved by the City Fire Department.
Case No. Attachment D
ZA03-020Page 4
Surrounding Property Owners
Chapel Hill Office Park
Owner Zoning Land Use Acreage
1.GCSW, Ltd 1.O1 1.Office Commercial 1.0.98
2.D. Stoner 2.SF1A 2.Low Density Residential 2.1.04
3.S. Bryant 3.SF1A 3.Low Density Residential 3.1.00
4.D. Johnston 4.SF1A 4.Low Density Residential 4.0.91
5.S. Faulkner 5.SF1A 5.Low Density Residential 5.0.94
6.St. of Texas 6.SF1A 6.Low Density Residential 6.0.02
7.St. of Texas 7.SF1A 7.Low Density Residential 7.0.16
8.St. of Texas 8.SF1A 8.Low Density Residential 8.0.18
9.St. of Texas 9.SF1A 9.Low Density Residential 9.0.54
10.Bes-Tex Financial Serv. 10.SP2 10.Low Density Residential 10.5.91
11.White Chapel United 11.CS 11.Public/Semi Public 11.6.32
Methodist
12.White Chapel United 12.CS 12.Public/Semi Public 12.9.50
Methodist
13.White Chapel United 13.CS 13.Public/Semi Public 13.0.79
Methodist
14.S. Garrett 14.AG 14.Low Density Residential 14.3.69
Case No. Attachment E
ZA03-020Page 1
Surrounding Property Owner Responses
Chapel Hill Office Park
Notices Sent: Nine (9)
Responses: One (1) within the 200’ notification area:
David Ford, Bes-Tex Financial Services, Inc., 209 Southlake Boulevard, Southlake, TX is
opposed. See attached Opposition Petition. (Received June 4, 2003)
Case No. Attachment F
ZA03-020Page 1
Case No. Attachment F
ZA 03-020 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-420
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 TRACT 5F, O.W. KNIGHT SURVEY, ABSTRACT NO.
899, AND BEING APPROXIMATELY 4.24 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
“AG” AGRICULTURAL TO “S-P-2” GENERALIZED SITE PLAN
DISTRICT WITH “O-1” OFFICE DISTRICT USES, 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 “AG” Agricultural District under
Case No. Attachment G
ZA03-020 Page 1
the City's Comprehensive Zoning Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
Case No. Attachment G
ZA03-020 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 a portion of Tract 5F, O.W. Knight Survey, Abstract No. 899, and being approximately
4.24 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural
District to “S-P-2” Generalized Site Plan District with “O-1” Office District uses as depicted on
the approved Concept 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.
Case No. Attachment G
ZA03-020 Page 3
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
Case No. Attachment G
ZA03-020 Page 4
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
Case No. Attachment G
ZA03-020 Page 5
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 _____ day of __________, 2003.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment G
ZA03-020 Page 6
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA03-020 Page 7
EXHIBIT “A”
A portion of Tract 5F, O.W. Knight Survey, Abstract No. 899, and being approximately 4.24 acres.
Case No. Attachment G
ZA03-020 Page 8
EXHIBIT “B”
Case No. Attachment G
ZA03-020 Page 9
Case No. Attachment G
ZA03-020 Page 10
Case No. Attachment G
ZA03-020 Page 11
EXHIBIT “C”
This page reserved for the approved City Council motion.
Case No. Attachment G
ZA03-020 Page 12