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2013-05-20 Meeting Report (Downtown Zoning District Amendment) SPIN MEETING REPORT CASE NO. 480-OOOO PROJECT NAME: SPIN DISTRICT: SPIN # 8 MEETING DATE: May 20, 2013; 7:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A 3B TOTAL ATTENDANCE: Eleven (11) SPIN REPRESENTATIVE(S) PRESENT: Matt Schirle # 8, Vic Awtry #7 APPLICANT(S) PRESENTING: Larry Corson (Cooper & Stebbins), et al three (3) STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Dennis Killough, Deputy Director of Planning & Development Services: (817)748-8072 or dkillough@ci.southlake.tx.us EXECUTIVE SUMMARY Request Details Cooper & Stebbins has received approval of a Site Plan and Plat Revision for Lot 3R and Lot 5 of Block 1R of Southlake Town Square, in support of a new building for Del constructed with pervious surfaces, unless and until we receive a variance or an amended approval allowing impervious surfaces to be used (restricted under current zoning, but consistent with previous Block development). setback line along N. Carroll Ave. Previous Town Square PUD regulations provided for Square character. As discussed during the Site Plan hearings, we have proposed a zoning amendment along wit shown. Amendment Details Cooper & Stebbins has requested an amendment to the City of Southlake Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 - The Specific amendment will add Section 37.11 to the district which is proposed as follows: 37.11 VARIANCES At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Chapter at the request of the Owner/Applicant. To receive a variance, the Applicant must demonstrate one of the following: (a) The variance is supportive of the Town Square character and the design intent of the DT Downtown District; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) Compliance with this ordinance would likely limit or negate the ability to configure the amount of parking, the building density, and uses that are needed to establish the Downtown District; or (d) Compliance with this ordinance would weaken the perception of a well-defined streetscape, and may establish the project as an isolated development, rather than as a Downtown District. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that one of the above conditions have been met; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. QUESTIONS / CONCERNS the street. The site plan and patio have been discussed at length. There will be a wall Î constructed for safety. A variance approval by Council will have to meet the criteria noted in the ordinance. We have a real problem giving City Council more authority. 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.