Item 6A13 SOUTHLAKE
CITY OF
Department of Planning & Development Services
STAFF REPORT
April 27, 2011
CASE NO: ZA09 -062
PROJECT: 2411 Sam School Road
EXECUTIVE
SUMMARY: LandPlan Development Corp. is requesting approval of a zoning change and site
plan from "AG" — Agricultural District to "S -P -1" — Detailed Site Plan District with
limited 0-1 and limited 1 -1 uses, which include office /showroom and
office /warehouse uses, on property located at 2411 Sam School Road, being
described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to
the City of Southlake, Tarrant County, Texas, and being approximately 0.994
acres.
REQUEST: The applicant is requesting the zoning change and site plan from "AG" Agricultural
to "S -P -1" Detailed Site Plan District with limited 0-1 and limited 1 -1 uses, which
include office /showroom and office /warehouse uses, to bring the existing building
previously used as an office /warehouse building into conformance with Zoning
Ordinance No. 480, as amended. The previous property owner used the facility as
a cabinet manufacturing business and added approximately 2,000 square feet to
the building without a permit in the early to mid 1990's, bringing the total square
footage to approximately 7106 square feet. The cabinet use was
discontinued /abandoned in the mid 1990s, at which time the previous property
owners lost their "nonconforming use" status. The only changes proposed by the
new owner are to remove the illegally added portion of the building, reducing the
total floor area to 5,150 square feet, and to provide an additional driveway and
parking spaces should the existing building be used for general office purposes.
At first reading on April 19, 2011, City Council asked the applicant to further
restrict the permitted uses in the S -P -1 regulations. The revised uses are listed in
the S -P -1 regulations in Attachment C.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider second reading approval of a zoning change and site plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
STAFF CONTACT: Ker
Background Information
Vicinity Map
Plans and Support Information - Link to PowerPoint Presentation
Site Plan Review Summary No. 4, dated January 12, 2011
SPIN Meeting Report dated January 10, 2011
Surrounding Property Owners Map and Responses
Ordinance No. 480 -602
i Baker (817) 748 -8067
Case No.
ZA09 -062
BACKGROUND INFORMATION
OWNER: JW Partners, Ltd.
APPLICANT: LandPlan Development Corp.
PROPERTY SITUATION: 2411 Sam School Road
LEGAL DESCRIPTION: Tract 2B, a portion of Lot 2, R.P. Estes Subdivision
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "S -P -1" Detailed Site Plan District
HISTORY: -The existing structure on the property was built in 1984 (Source: TAD).
The exact construction date of the illegal addition is unknown, but it is
believed to have been added sometime in the early to mid 1990's.
-The "AG" Agricultural District zoning was assigned to the property when it
was annexed into the City in 1987.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan shows Sam School Road to be a two -lane
collector with seventy (70) feet of R.O.W. The existing R.O.W. shown on
the site plan is 26'6 ". Dedication of adequate right -of -way will be required
when the property is platted.
Existing Area Road Network and Conditions
Sam School Road is currently a two -lane undivided roadway with a width
of twenty -one (21) feet. The site currently has one (1) access drive onto
Sam School Road. The applicant is proposing to use the existing driveway
in its current condition, subject to approval from the Fire Marshal. A
dashed -in driveway is shown on the site plan, but it will be constructed
only if the property is to be used for general offices uses in the future, at
which time the existing driveway would be abandoned.
PATHWAYS MASTER
PLAN: An on- street bikeway is planned for Sam School Road. The zoning
ordinance requires a five (5) foot sidewalk to be provided on any site plan
requiring City Council approval. The applicant is proposing minimal site
changes unless additional parking is needed for office uses. No sidewalk
is proposed under the S -P -1 zoning.
WATER & SEWER: A 2" water line serves this development and should be sufficient for the
purpose of this submittal. If additional demand is needed, the property
owner may need to consider extending an 8 inch water line from Dove
Road. A septic system currently serves this development. Public sanitary
sewer is not currently available to this site.
Case No. Attachment A
ZA09 -062 Page 1
DRAINAGE: The drainage from this development is generally to the west to an existing
barrow ditch on the east side of Sam School Road and then along Sam
School Road to the north.
TREE PRESERVATION: The Tree Preservation Plan shows five trees as marginal and no trees to
be removed. The trees shown as marginal would only be removed in the
future if the building is to be used for general office uses, which would
require the construction of the dashed in driveway and parking shown on
the plan. The Tree Preservation Plan is subject to City Council approval
following a recommendation by the Planning and Zoning Commission.
SOUTHLAKE 2025: The Land Use Designation for the property is Low Density Residential. If
the zoning change and site plan are approved, staff recommends that City
Council provide a justification of the circumstances to allow the proposed
uses on property with the Low Density Residential designation.
SPIN MEETING: A SPIN meeting on this development was held on Monday, January 10,
2011 (attached).
PLANNING AND ZONING
COMMISSION ACTION: December 9, 2010; a motion to table the case to the January 20, 2011
P &Z meeting was approved (5 -0).
January 20, 2011; a motion to table the case to the March 3, 2011 P &Z
meeting was approved (5 -0).
March 3, 2011; a motion to table the case to the April 7, 2011 P &Z
meeting was approved on consent (5 -0).
April 7, 2011; Approved (7 -0), subject to Site Plan Review Summary No. 4,
dated January 12, 2011.
CITY COUNCIL ACTION: April 19, 2011; Approved (7 -0), granting the zoning change and site plan
on first reading from Agricultural to S -P -1 Detailed Site Plan District with
the uses now in place and with removal of the illegally added addition,
noting the applicant will come back with narrowed down language as to
the uses allowed in the storage unit and subject to Site Plan Review
Summary No. 4, dated January 12, 2011.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated January 12, 2011.
Case No. Attachment A
ZA09 -062 Page 2
Vicinity Map
2411 Sam School Rd.
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Case No.
ZA09 -062
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Attachment B
Page 1
SITE PLAN
LINK TO POWERPOINT PRESENTATION
SITE DATA SUMMARY
MAGUIRE PARTNERS
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PROPOSED LAND USE DESIGNATION
MIXED USE
GROSS ACRHAGE
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NET ACREAGE
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PMCENTAGE OF NTPERVTOUS COVERAGE
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Case No. Attachment C
ZA09 -062 Page 1
REVISED S -P -1 REGULATIONS SUBMITTED APRIL 26, 2011
"S -P -1" Detailed Site Plan District
The property consists of just less than one acre (0.994 acres). An existing commercial
building of 7,106 square feet is located on the property. The most recent use of the
property was office /warehouse.
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to the "O -1" Office District uses and regulations
with the following exceptions:
Permitted Uses
Requested uses out of the 0-1, Office District and 1 -1, Light Industrial District are listed as
follows;
1. Office Uses
a. Accounting and tax preparation;
b. Architecture;
c. Bill paying services;
d. Chiropractors;
e. Computer services;
f. Contractors offices;
g. Finance;
h. Interior design;
i. Land surveying;
j. Other offices of a business and/or professional nature providing services not
including the retail sale, fabrication, manufacture or production of goods or
merchandise; and
k. Real estate and insurance
2. Industrial Uses
a. Cabinet or carpentry shop;
Case No. Attachment C
ZA09 -062 Page 2
b. Ice cream manufacturing;
c. Janitorial or cleaning services;
d. Mini - warehouses
e. Roofing contractor business premises;
f. Sign manufacturing
g. Spray painting shop; and
h. Warehouses
Development Regulations
1. As a property with an existing septic system, the minimum one (1) acre land area
required for a septic system is not required. The Existing on -site sewage facility has
been evaluated by a Registered Sanitarian and report is attached.
2. Any dense hedge or plant materials may be used to fulfill screening requirements
provided it is maintained in a healthy growing condition. Existing landscaping shall
remain and serve as a natural screening device as shown on the site plan. There are no
trees to be removed with this site plan. The existing trees and fencing will satisfy the
screening requirements in Ordinance No. 480, Section 39.6.
3. Due to the presence of the existing fences and a substantial number of existing trees
along the north, south, and east property lines, the existing fences as noted on the site
plan will satisfy the fence requirements for the north, south, and east buffer yards. The
existing trees and fencing will satisfy the screening requirements in Ordinance No. 480,
Section 42.
4. Off street parking: The existing building and site is served by a gravel drive and parking
area which is not currently striped. Parking for the existing building is currently gravel
and has enough allotted space for the required parking calculation which is 111000
square feet of building. Parking areas will not be striped, but will be maintained as an all
weather surface.
5. Fire lanes: The existing building and site is served by a gravel drive which is not
currently striped. The existing gravel drive will not be striped, but will be maintained as
an all weather surface
6. Sidewalks and/or trails: The sidewalk and trails requirement shall not apply to the
existing building on the property.
Case No. Attachment C
ZA09 -062 Page 3
7. Accessory buildings: Accessory buildings having a permanent foundation shall be
erected no closer than ten feet (10') to a property line located in the rear yard. Those
structures not on a permanent foundation may be placed as close as five feet (5) to a
property line located in the rear yard (Ord. 480, Section 34.2.a). The existing 8' x 8' well
house near the northern property shall be allowed.
8. The Residential Adjacency Standards contained within Section 43, Part III of the
Comprehensive Zoning Ordinance No. 480 shall be replaced with the following:
a. Masonry Requirements: The existing structure fagade shall remain as is. A
portion of the existing structure shall be removed in order to meet the previously
approved structure. The removal area shall match the existing fagade in
materials and color.
b. Roof Design Standards: The roof design standards shall not apply to the existing
building on the property.
c. Mechanical Equipment Screening: All buildings must be designed such that no
mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall
include equipment on the roof, on the ground or otherwise attached to the
building or located on the site. Rooftop mechanical equipment and / or other
rooftop appurtenance screening shall be accomplished by either the construction
of 1) the roof systems described in subparagraph (b) above or 2) an architectural
feature which is integral to the building's design and ensures that such
equipment is not visible. The fencing of or enclosure of individual mechanical
units shall not be permitted except as described above. All rooftop mechanicals
or architectural features described herein shall be shown on the required building
elevations at the time of site plan approval.
d. Facade Articulation: The fagade articulation requirements shall not apply to the
existing building on the property.
e. Loading and Service Area requirements shall not apply to the existing building on
the property.
f. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling
receptacles shall be located within twenty -five feet (25') of single family
residential property. Trash Receptacles and Recycling Receptacles shall be
residential style polycarts.
g. Setbacks / Yards: No non - single family residential building may encroach in the
area above a line having a slope of 4:1 from any single - family residential
property. However, a structure may be built up to within 40 feet of the residential
property line, provided that the structure is no greater than one story or 20 feet in
height. (See Exhibit 43 -E for clarification.) Any applicable structures abutting a
local street (i.e., residential street and cul -de -sac as defined in the Thoroughfare
Plan) shall provide minimum front and side yards equivalent to the front and side
yards required for the single family residential property within 400,' but not less
than the front and side yards otherwise required in the underlying zoning district.
h. Spill -over Lighting: No use or operation shall produce direct or indirect
illumination across a residential property line except in compliance with the
current lighting ordinance, as amended.
i. Noise: Noise levels shall comply with the requirements of the current noise
ordinance, as amended.
Case No. Attachment C
ZA09 -062 Page 4
SITE PLAN REVIEW SUMMARY
Case No.: ZA09 -062 Review No.: Four Date of Review: 1/12/11
Project Name: Site Plan - 2411 Sam School Road
APPLICANT: Bill Perman
Cross Engineering Consultants, Inc.
106 W. Louisiana St.
McKinney, TX 75069
Phone: (972) 562 -4409
Fax: bill @crossengineering.biz
OWNER: Jim Williams, Jr.
JW Partners, Ltd.
5400 Dallas Parkway
Frisco, TX 75034
Phone: (214) 618 -3800
E -Mail: iim(a
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
1/12/11 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 DENNIS KILLOUGH AT (817) 748 -8072.
Provide a written narrative describing the use, operation, phasing, infrastructure to be
provided, etc.
2. Correct the property description to Tract 2B, a portion of Lot 2, R.P. Estes Subdivision
3. Please make the following changes to the S -P -1 regulations:
a. Add to the regulation for the fire lane that it will support 75,000 lbs.
4. Please correct the net acreage to equal the gross acreage since no R.O.W. is being
dedicated.
Tree Conservation /Landscape Review
TREE CONSERVATION COMMENTS:
The Tree Preservation Plan is subject to City Council approval following a recommendation by the
Planning and Zoning Commission.
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.
Indicates informational comments.
Public Works /Engineering Review
WATER AND SANITARY SEWER COMMENTS:
A 2" water line serves this development and should be sufficient for the purpose of this submittal.
If additional demand is needed, the property owner may need to consider extending an 8 inch
Case No. Attachment D
ZA09 -062 Page 1
water line from Dove Road.
A septic system currently serves this development. Public sanitary sewer is not currently
available to this site.
31MA10 Five] AUDIC M IMIA0k163
The drainage from this development is generally to the west to an existing barrow ditch on the
east side of Sam School Road and then along Sam School Road to the north.
The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
Informational Comments:
No review of any 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.
The applicant should be aware that prior to issuance of a building permit 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.
Denotes Informational Comment
Case No. Attachment D
ZA09 -062 Page 2
SOUTHLAKE
SPIN MEETING REPORT
CASE NO.
PROJECT NAME:
SPIN DISTRICT:
MEETING DATE:
MEETING LOCATION:
ZA09 -062
Southlake Sam School Road
SPIN # 5
January 10; 7 PM
1400 Main Street, Southlake, TX
Training Rooms 3A — 3C
TOTAL ATTENDANCE: Six (6)
• SPIN REPRESENTATIVE(S) PRESENT: Wendi Carlucci ( #5)
• APPLICANT(S) PRESENTING: Ray Williamson, LandPlan Development Corporation; et
al (2)
• STAFF PRESENT: Lorne Fletcher, Planner I
STAFF CONTACT: Richard Schell, Planner II, (817)748 -8602; rsche[Inci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located at 2411 Sam School Road.
Development Details
• The applicant is requesting approval of a zoning change and site plan from AG
Agricultural District to S -P -1 Detailed Site Plan District with 0-1 Office District and limited
1 -1 Light Industrial District uses. The property has a Land Use Designation of Low
Density Residential so the applicant has also submitted a Comprehensive Plan
Amendment (CP09 -003) requesting a Mixed Use designation. The property consists of
just less than one acre. An existing commercial building of 7,106 square feet is located
on the property. The most recent use of the property was office /warehouse. The
commercial building was constructed on the property in 1984. The City of Southlake
annexed and zoned the property in 1987 rendering the commercial building non-
conforming. The applicant proposes to remove the illegal addition that was built and use
the original 5,150 square foot commercial building. The applicant stated that they have
cleaned up the property and will make subtle improvements once the addition is
removed. Once additional properties become available for development to the north, the
applicant has stated a desire to plan a much larger, high -end development.
QUESTIONS / CONCERNS
• Is there a wall in the back?
_ Yes, a nice retaining wall that is in very good condition. We plan to keep it.
Case No. Attachment E
ZA09 -062 Page 1
• The plan shows parking. Are you going to pave that area?
The parking is depicted on the site plan in case future use evolves as offices. We
currently do not intend to pave the parking lot.
• Will there be light manufacturing there?
No, it will mainly be a warehouse area for someone who may want to store a car
collection.
• Will trucks be coming in and out?
No, this will not be a public storage area. There will only be one entity occupying
this space.
• What was the original use?
Cabinet making
• When Sam School Road gets developed, will you improve this piece?
Yes, this one acre will likely turn into a 5 -acre + development... possibly garden
offices.
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 E
ZA09 -062 Page 2
Surrounding Property Owners
2411 Sam School Road
18 19
17
20
13
16
15
14 IPA
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12
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21 'Q
11
23
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SPO #
1.
Owner
Barber, Phil M
Zoning
AG
Land Use
Low Density Residential
Acreage
5.02
Response
NR
2.
Smith, Richard Etux Ann
SF1 -A
Low Density Residential
4.86
NR
3.
Maguire Ptnrs - Solana Ltd
AG
Low Density Residential
2.01
NR
4.
Wise, Philip W Etux Anne
AG
Low Density Residential
1.04
NR
5.
Webster, Philip W Etux Delores
AG
Low Density Residential
1.17
NR
6.
Jw Partners Ltd
AG
Low Density Residential
1.02
NR
7.
Crawford, James Anderson
AG
Low Density Residential
1.00
NR
8.
Maguire Ptnrs - Solana Ltd
AG
Low Density Residential
2.24
NR
9.
Strange, Kim
AG
Low Density Residential
0.54
NR
10.
Smith, David J
AG
Low Density Residential
0.49
NR
11.
Crawford, Tommy Wayne Est
AG
Low Density Residential
1.03
NR
12.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
10.07
NR
13.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
5.91
NR
14.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
0.96
NR
15.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
1.03
NR
16.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
3.08
NR
17.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
0.92
NR
18.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
6.96
NR
19.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
3.50
NR
Case No. Attachment F
ZA09 -062 Page 1
20.
Maguire Ptnrs - Solana Ltd
AG
Mixed Use
5.11
NR
21.
Allen National Property Llc
AG
Low Density Residential
1.12
F
22.
Allen National Property Llc
AG
Low Density Residential
2.09
F
23.
Allen National Property Llc
AG
Low Density Residential
1.05
F
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty -three (23)
Responses Received: One (1)
Case No. Attachment F
ZA09 -062 Page 2
Dec 07 10 08:31a Marcia 9726240205
Notification Response Form
ZA09 -062
Thursday, December 9, 2010 -6:30 PM
Allen National Property Lie
6500 Sudbury Rd
Plano Tx, 75024
A1107 1802Aa2
P.1
PLEASE PROVIDE COMPLETED FORMS VIA MAIL ■ .1 =A 014 HAND DEL4Vf-W -
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of apposed to undecided - about
(circle or underline one) -,
the proposed Zoning Change and Site Plan referenced above.
Space for comments regarding your position:
Signature: Date: 117 1 -kc
Additional Signature:
Date:
Printed Name(s): w wrL�
Must be PraPedy owner(s) whose narne(s) are printed at to O. Otherwise cnnFact the Planning Department. Omform per property..
Phone Number (optional):
k�
Case No. Attachment F
ZA09 -062 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -602
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 TRACT 2B, A PORTION OF LOT 2, R.P. ESTES
SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.994
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-
1" DETAILED SITE PLAN DISTRICT WITH "I -1" LIGHT
INDUSTRIAL DISTRICT USES, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential and other purposes,
and to amend said ordinance and map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as "AG" - Agricultural
Case No. Attachment G
ZA09 -062 Page 1
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 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
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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:
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Being legally described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision,
an addition to the City of Southlake, Tarrant County, Texas, being approximately
0.994 acres, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "S -P -1" Detailed Site Plan District with 1 -1" Light Industrial
District uses as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit "B," and subject to the following conditions:
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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 19th day of April, 2011.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of 2011.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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EXHIBIT "A"
Being described as a Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the
City of Southlake, Tarrant County, Texas and being approximately 0.994 acres.
Reserved for metes and bounds description
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EXHIBIT "B"
Reserved for approved Site Plan
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