Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
April 11, 2012
CASE NO: ZA12-015
PROJECT: Zoning Change & Site Plan for Bicentennial Retail Plaza
EXECUTIVE
SUMMARY:
On behalf of Bicentennial Retail Plaza, L.P., GSO Architects is requesting approval of
a Zoning Change and Site Plan from “S-P-1” Detailed Site Plan District to “S-P-1”
Detailed Site Plan District for Bicentennial Retail Plaza. The zoning change and site
plan request amends the existing S-P-1 Detailed Site Plan District zoning to allow the
construction of three covered patio structures at the rear of the existing retail center on
property located at 410 W. Southlake Blvd. and described as Lot 13, Littleberry G. Hall
No. 686 Addition. SPIN # 7.
REQUEST
DETAILS:
The zoning change and site plan request amends the existing S-P-1 Detailed Site Plan
District zoning to allow the construction of three covered patio structures at the rear of
the existing retail center. The patio overs are proposed over existing concrete areas,
so there will be no increase in impervious coverage and no changes to the existing
drainage. Only the westernmost covered patio for Burger Shack will be constructed at
this time. Approval of the other two covered patios will allow flexibility for other tenants
to add the covered patios in the future. The proposed Burger Shack patio cover
measures approximately 24’ x 40’. The other two proposed structures measure
approximately 18’ x 55’ and 21’ x 38’ for the center and easternmost structures,
respectively. No changes to parking or landscaping are proposed, however, potted
plants may be added in the patio areas. A variance to the parking requirements was
granted with the currently approved “S-P-1” zoning to allow a 10% reduction in required
parking and to allow outdoor seating without incurring a parking requirement. No other
changes to the S-P-1 regulations or uses are proposed.
st
ACTION NEEDED: Consider 1 reading approval of a zoning change and site plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) SPIN Report
(E) Revised Site Plan Review Summary No. 2, dated April 5, 2012
(F) Surrounding Property Owners Map and Responses
(G) Ordinance No. 480-481A
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817)748-8067
Case No.
ZA12-015
Richard Schell (817)748-8602
Case No.
ZA12-015
BACKGROUND INFORMATION
OWNER:
Bicentennial Retail Plaza, L.P.
APPLICANT:
GSO Architects
PROPERTY ADDRESS:
410 W. Southlake Blvd.
PROPERTY
DESCRIPTION:
Lot 13, Littleberry G. Hall No. 686 Addition
LAND USE CATEGORY:
Retail Commercial
CURRENT ZONING:
“S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District
uses
REQUESTED ZONING:
“S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District
uses to allow covered patios
HISTORY:
-City Council approved the “C-2” zoning with approval of Comprehensive
Zoning Ordinance No. 480 on September 19, 1989.
-A site plan (ZA03-048) for a two-story office building with bank was approved
by City Council on August 5, 2003.
-A zoning change and site plan from “C-2” Local Retail Commercial District to
“S-P-1” Detailed Site Plan District was approved by City Council on September
5, 2006.
-A revised site plan to add paved patios to the rear of the building was
administratively approved in March of 2007.
-A plat showing for Lot 13, Littleberry G. Hall No. 686 Addition was filed May 3,
2007.
PATHWAYS PLAN:
An eight (8) foot multi-use trail has recently been reconstructed along W.
Southlake Blvd. with construction of a deceleration lane.
TREE PRESERVATION:
The covered patios are proposed to be constructed over existing concrete
areas, so no trees will be affected by this project.
CITIZEN INPUT/
BOARD REVIEW:
Southlake Program for the Involvement of Neighborhoods
A SPIN Meeting for this project was held by the applicant on March 26, 2012. A
SPIN Report is included as Attachment D of this Staff Report.
Planning and Zoning Commission
April 5, 2012; Approved (5-0), subject to Revised Site Plan Review Summary
No. 2 dated March 30, 2012.
STAFF COMMENTS:
Attached is Revised Site Plan Review Summary No. 2, dated April 5, 2012.
Case No. Attachment A
ZA12-015 Page 1
The previously approved S-P-1 regulations and variances that were approved
with zoning case ZA05-146 for the existing retail center are as follows:
EXISTING “S-P-1” ZONING USES AND REGULATIONS
Permitted Uses
This property shall be limited to the permitted uses as found in the “C-2” Local
Retail Commercial District as described in Section 21 of the Comprehensive
Zoning Ordinance No. 480, as amended.
Development Regulations
This property shall be subject to the development regulations for the “C-2”
Local Retail Commercial District, and all other applicable regulations with the
following exceptions:
There shall be a side yard setback of not less than ten (10) feet on the
east boundary line.
Concrete tilt wall with a stained finish shall be permitted as shown on
the attached building elevations.
Variances
Case No. Attachment A
ZA12-015 Page 2
Case No. Attachment B
ZA12-015 Page 1
PROPOSED SITE PLAN
Case No. Attachment C
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PROPOSED ELEVATIONS
Case No. Attachment C
ZA12-015 Page 2
Case No. Attachment D
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REVISED SITE PLAN REVIEW SUMMARY
ZA11-015Two04/05/12
Case No.: Review No.: Date of Review:
Site Plan – Bicentennial Retail Plaza
Project Name:
APPLICANT: Lisa Swift OWNER: Thomas V. Stephen
GSO Architects Bicentennial Retail Plaza LP
5310 Harvest Hill, Suite 146 250 W Southlake Blvd., Suite 250
Dallas, TX 75230 Southlake, TX 76092
Phone: (972) 392-6015 Phone: (817) 552-3100
Fax: (972) 385-3462 Fax: (817) 424-2474
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
04/05/12 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
RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Correct the legal description in the title to “Lot 13, Littleberry G. Hall No. 686 Addition, Southlake,
Tarrant County, Texas” and also change the Lot number on the plan to “Lot 13” instead of “Lot 1,
Block 1”.
2. Please change the zoning on Lot 2, Block 1, Southlake Oaks, Phase 2 to the west to “C-2”.
3. Show any intended lighting. All lighting must comply with the Lighting Ordinance No. 693, as
amended with regard to type of lighting, intensity, glare and spill-over.
Informational Comments:
* A SPIN meeting for the project was held on March 26, 2012.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones. The standing seam roofs shown on the elevations must be constructed of a factory-treated,
non-metallic, matte finish.
*The following driveway variances were granted on the currently approved site plan:
a) Stacking depth for the driveway on W. Southlake Blvd. A minimum of 50’ of stacking is
required, 41’ was permitted.
Case No. Attachment E
ZA12-015 Page 1
b) Driveway spacing on W. Southlake Blvd. Spacing between a full-access drive and a right-
in/right-out drive is required to be a minimum of 250’. 219 feet was provided from the park
entry drive and 80’ was permitted from the adjacent utility building driveway.
* The applicant should be aware that prior to issuance of a building permit, 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.
* Denotes Informational Comment
Case No. Attachment E
ZA12-015 Page 2
SURROUNDING PROPERTY OWNERS
BICENTENNIAL RETAIL PLAZA
SPO # Owner Zoning Land Use Acreage Response
Dana's Studio Of Dance Inc C2 Office Commercial 0.70
1. NR
Terra/Stratfort Lp C2 Office Commercial 1.02
2. NR
White House Exe Center Lp SP1 Retail Commercial 1.60
3. NR
Clardy-Ruffner C2 Office Commercial 0.90
4. NR
Southlake Oaks II Llc C2 Retail Commercial 2.19
5. NR
Office Commercial, 100-Year
O1 2.41
6. NR
Mahalo Investments Llc Flood Plain
Office Commercial, 100-Year
O1 1.23
7. NR
Mahalo Investments Llc Flood Plain
Gte Southwest Inc CS Public/Semi-Public 0.43
8. NR
Southlake, City Of CS Public Park/Open Space 10.29
9. NR
Southlake, City Of CS Public Park/Open Space 4.50
10. NR
Southlake, City Of CS Retail Commercial 0.66
11. NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eleven (11)
Responses Received:
None (0)
Case No. Attachment F
ZA12-015 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-481A
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 LOT 13,
LITTLEBERRY G. HALL NO. 686 ADDITION, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.35 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1”
DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT, 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 “S-P-1” Detailed Site
Plan District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment G
ZA12-015 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
Case No. Attachment G
ZA12-015 Page 2
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:
Being Lot 13, Littleberry G. Hall No. 686 Addition, an addition to the City of
Southlake, Tarrant County, Texas, being approximately 1.35 acres, and more fully
and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-
P-1” Detailed Site Plan District as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit “B”, and subject to the following specific
Case No. Attachment G
ZA12-015 Page 3
conditions:
Conditions of Approval for Ord. No. 480-481 approved September 5, 2006:
1. This property shall be limited to the permitted uses as found in the “C-2” Local Retail
Commercial District as described in Section 21 of the Comprehensive Zoning
Ordinance No. 480, as amended.
2. Development Regulations - This property shall be subject to the development
regulations for the “C-2” Local Retail Commercial District, and all other applicable
regulations with the following exceptions:
a. There shall be a side yard setback of not less than ten (10) feet along the
east property boundary
b. Concrete tilt wall with a stained finish shall be permitted to comply with
exterior masonry requirements as shown on the attached building elevations
3. Subject to the Site Plan Review Summary No. 3 dated March 29, 2006.
4. Granting a variance to the following with regard to driveways & parking:
a. Stacking depth for the drive on W. Southlake Blvd. A minimum of 50’ of
.
stacking is required. Approximately 41 feet of stacking is proposed
b. The minimum driveway spacing on W. Southlake Blvd. Spacing between a
full-access drive and a right-in/right-out drive is required to be a minimum of
250’. Distances of approximately 80 feet and 219 feet are proposed.
c. A variance to allow a 10% reduction in the required parking is requested.
Conditions of Approval for Ord. No. 480-481A approved ______, 2012:
1.
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
Case No. Attachment G
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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, the same shall not affect the validity of the zoning of the balance of said
Case No. Attachment G
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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.
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.
Case No. Attachment G
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PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2012.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2012.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA12-015 Page 7
EXHIBIT “A”
Being Lot 13, Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat filed in Cabinet A, Slide 11896, Plat Records, Tarrant County,
Texas and being approximately 1.35 acres.
Case No. Attachment G
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EXHIBIT “B”
SITE PLAN APPROVED WITH ORD. NO. 480-481 SEPT. 5, 2006
Case No. Attachment G
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SITE PLAN APPROVED WITH ORD. NO. 480-481A
Reserved for Approved Site Plan
Case No. Attachment G
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RENDERING APPROVED WITH ORD. NO. 480-481 SEPT. 5, 2006
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ELEVATIONS APPROVED WITH ORD. NO. 480-481 SEPT. 5, 2006
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ELEVATIONS APPROVED WITH ORD. NO. 480-481 SEPT. 5, 2006
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Bicentennial Plaza
PERMITTED USES AND DEVELOPMENT REGULATIONS FOR “S-P-1” ZONING
APPROVED WITH ORD. NO. 480-481 SEPT. 5, 2006
Permitted Uses
This property shall be limited to the permitted uses as found in the “C-2” Local Retail Commercial
District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended.
Development Regulations
This property shall be subject to the development regulations for the “C-2” Local Retail Commercial
District, and all other applicable regulations with the following exceptions:
There shall be a side yard setback of not less than ten (10) feet on the east boundary line.
Concrete tilt wall with a stained finish shall be permitted as shown on the attached building
elevations.
Case No. Attachment G
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VARIANCES APPROVED WITH ORD. NO. 480-481 SEPT. 5, 2006
Case No. Attachment G
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