Item 6B13 CITY OF
S0UTHLA1<,E
Department of Planning & Development Services
STAFF REPORT
September 9, 2014
CASE NO: ZA14-029
PROJECT: Zoning Change and Site Plan for Lots 5R1, 5R2 and 4, T. Easter No. 474
Addition
EXECUTIVE
SUMMARY: On behalf of Albion Iron, LLC, Gonzalez & Schneeberg, Engineers &
Surveyors, Inc. is requesting approval of a zoning change and site plan on
property described as Lots 5R1, 5R2 and 4, T. Easter No. 474 Addition, City of
Southlake, Tarrant County, Texas, and located at 2801 E. Southlake Boulevard,
Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District.
Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood
#8.
DETAILS: The applicant is requesting approval of a zoning change and site plan from "S-
P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District that
proposes additional uses and modification to the regulations specific to Lot
5R2. The current "S-P-2" zoning for the 3-lot subdivision allows "I-1" Light
Industrial District uses on Lot 4 and "C-2" Local Retail Commercial uses on Lots
5R1 & 5R2. The zoning change proposes to add limited "C-3" General
Commercial District uses to include an outdoor patio furniture display area to
the permitted uses along with some modification to the existing zoning
regulations for Lot 5R2 only. The uses and regulations in place for Lots 4 & 5R1
under Ordinance 480-244 are not part of this request and are to remain as
currently approved. The proposed uses and regulations for Lot 5R2 are
included in Attachment `C' of this report.
Driveway Ordinance variance requests:
The applicant is requesting two (2) variances with this application:
1. The driveway stacking depth at this location requires a minimum of
seventy-five feet (75'). The applicant is requesting a minimum stacking
depth of approximately fifty-six feet (56').
2. The minimum spacing distance between commercial driveways on FM
1709 is two -hundred and fifty feet (250'). The applicant is requesting a
minimum distance of approximately two -hundred and forty-five feet
(245') as it exists today.
* Please note that the driveway location and configuration are existing and no
changes are planned by the applicant.
On August 21, 2014, the Planning and Zoning Commission recommended
approval subject to the site plan review comments and the staff report; granting
the requested variances; noting that in addition to C-2 uses, the following C-3
uses will also be allowed: household and office furniture, furnishings and
Case No.
ZA14-029
appliances; allowing the outdoor patio furniture display in the location
designated on the proposed site plan; noting the applicant's willingness to
present a more detailed landscape plan at Council with the recommendation to
include species, caliper and location on the landscape plan; and, in relation to
the additional proposed parking: allowing the seven (7) spaces along the
arterial into the site and removing the six (6) spaces at the east boundary.
On September 2, 2014, the City Council approved Ordinance No. 480-
244a (ZA14-029) 1st Reading, (7-0) for the property described as Lots
5R1, 5R2 and 4, (T. Easter No. 474 Addition) but noting that this only
applies to Lot 5R2, (T. Easter No. 474 Addition) and made pursuant to
the following:
• Revised Site Plan Review Summary No. 4, dated August 27,
2014;
• Noting the addition of the C-3 use will be limited only to casual
furniture and fireside furnishings and related accessories;
• Noting with respect to the outdoor display area that it will be
limited to patio furniture and related accessories;
• Nothing that the applicant will remove the proposed additional
parking prior to second reading and provide a more detailed
landscape plan for that area; and,
• Approving the requested variances to the Driveway Ordinance
as presented on the site plan.
The applicant has submitted a revised site plan removing the previously
proposed additional parking spaces. With the elimination of the additional
parking, all site data (impervious coverage, number of parking spaces, etc.)
remains the same as currently exists. The S-P-2 regulation document has been
revised to reflect C-3 uses limited to casual furniture and fireside furnishings
and related accessories. However, the revised S-P-2 regulations do not capture
City Council's intent to limit the outdoor display area limiting merchandise to
only patio furniture and related accessories. It is recommended that this be
stipulated in the motion if approved.
Staff received an updated landscape plan just prior to packet preparation and at
the time of this report a review had not been completed. Staff will provide a
review of the plan and update City Council accordingly.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of 2nd reading for zoning change and site plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) Revised Site Plan Review Summary No. 4, dated September 8, 2014
(E) Surrounding Property Owners Map & Responses
(F) Ordinance No. 480-244a
STAFF CONTACT: Dennis Killough (817) 748-8072 / Lorrie Fletcher (817) 748-8069
Case No.
ZA14-029
BACKGROUND INFORMATION
OWNER: Albion Iron, LLC — Keith Kennington
APPLICANT: Gonzalez & Schneeberg, Engineers & Surveyors, Inc. — Robert
Schneeberg
PROPERTY SITUATION: 2801 E. Southlake Blvd.
LEGAL DESCRIPTION: Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition
LAND USE CATEGORY: Retail Commercial and Industrial
CURRENT ZONING: S-P-2 — Generalized Site Plan District
REQUESTED ZONING: S-P-2 — Generalized Site Plan District
HISTORY: The following includes history for all three (3) lots — 5R1, 5R2 and 4:
• March 19, 1996, the property was rezoned from "AG" Agricultural
District to "S-P-2" Generalized Site Plan District with "B-1" Business
Service Park District uses and limited "I-1" Light Industrial uses. A
Concept Plan was also included with the approval. (ZA95-116)
• March 5, 1996, an SUP was approved for Outside Storage. (ZA95-
117)
• June 3, 1997, a zoning change and concept plan was approved from
"S-P-2" Generalized Site Plan District with "B-1" Business Service
Park District uses and limited "I-1" Light Industrial uses to "S-P-2"
Generalized Site Plan District with "C-2" Local Retail Commercial
District uses and "I-1" Light Industrial District uses. (ZA97-047)
• October 21, 1997, a site plan for Commerce Square / Shurgard was
approved. (ZA97-081)
• February 2, 1999, a plat revision was approved for Lot 5R & 6.
(ZA98-142)
• February 2, 1999, a revised concept plan was approved for Dry
Clean Super Center. (ZA98-143).
• April 20, 1999, a site plan was approved for Dry Clean Super
Center. (ZA99-011)
• September 19, 2000, a site plan was approved for Cornerstone
Plaza One. (ZA00-079)
• March 20, 2001, a specific use permit for the sale of alcoholic
beverages at Snookies was approved. (ZA01-014)
CITIZEN INPUT: A SPIN meeting has not been scheduled for this property.
SOUTHLAKE 2030: Pathways Master Plan
There is an existing eight (8) foot wide sidewalk along E. Southlake
Boulevard but ends at the eastern edge of Lot 5R2. The City is currently
in right of way negotiations regarding completing the segment and
connecting to existing sidewalk to the east.
Case No. Attachment A
ZA14-029 Page 1
TREE PRESERVATION: An existing 24" Pine tree is proposed to be removed for the construction
of the parking spaces on the southeast side of the access drive. The two
(2) parking spaces and the northeast corner of the east access drive are
proposed to be within the critical root zone area of the existing 36"
Cedar Elm tree. The 36" Cedar Elm looks full but is not in good health,
has lots of mistletoe and may be structurally hazardous.
UTILITIES: Water
The site is served by an existing 12-inch water line along Southlake
Boulevard.
Sewer
The existing building is served by an existing 6-inch sewer line along the
west side of the property.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The proposed site plan has existing access from E. Southlake
Boulevard and the adjacent properties to the east and west.
*Based on the 2013 City of Sonthlake Traffic Connt Report
Traffic Impact
* Vehicle Trips Per Day
* AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday
* Based on the ITE: Trip Generation Manual, 7" Edition
PLANNING & ZONING
COMMISSION: August 21, 2014; Approved (6-0) subject to the site plan review
summary No. 4 dated August 14, 2014 and the staff report dated August
15, 2014, and the following:
• granting the requested variances;
• noting that in addition to C-2 uses, the following C-3 uses will
also be allowed:
o household and office furniture, furnishings and
appliances;
• allowing the outdoor patio furniture display in the location
designated on the proposed site plan;
• noting the applicant's willingness to present a more detailed
landscape plan at Council with the recommendation to
include species, caliper and location on the landscape plan;
Case No. Attachment A
ZA14-029 Page 2
• and, in relation to the additional proposed parking, allowing
the seven (7) spaces along the arterial into the site and
removing the six (6) spaces at the east boundary.
CITY COUNCIL ACTION: September 2, 2014, Approved (7-0) Ordinance No. 480-244a
(ZA14-029) 1" Reading, for the property described as Lots 5R1,
5R2 and 4, (T. Easter No. 474 Addition) but noting that this only
applies to Lot 5R2, (T. Easter No. 474 Addition) and made
pursuant to the following:
• Revised Site Plan Review Summary No. 4, dated August
27, 2014;
• Noting the addition of the C-3 use will be limited to only
casual furniture and fireside furnishings and related
accessories;
• Noting with respect to the outdoor display area that it will
be limited to patio furniture and related accessories;
• Nothing that the applicant will remove the proposed
additional parking prior to second reading and provide a
more detailed landscape plan for that area; and,
• Approving the requested variances to the Driveway
Ordinance as presented on the site plan.
STAFF COMMENTS: The Staff Review Summary is included as Attachment `D'.
N:ICommunity DevelopmentlMEMO12014 CasesW29 - ZSP - Thomas Easter No. 474 AdditionlCC 2nd rdg packetlltem 68.docx
Case No. Attachment A
ZA14-029 Page 2
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Case No. Attachment B
ZA14-029 Page 1
Proposed site plan at P&Z
There are no changes to the exterior of the existing building proposed.
The additional thirteen (13) parking spaces shown will be constructed at a future date
if it becomes necessary to support the retail center.
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Case No. Attachment C
ZA14-029 Page 1
Proposed Site Plan - Revised for City Council
There are no changes to the exterior of the existing building proposed.
The additional seven (7) parking spaces shown (six net additional spaces) will be constructed at a future date
if it becomes necessary to support the retail center.
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Case No. Attachment C
ZA14-029 Page 1
Proposed Site Plan #2 — Revised for City Council
There are no changes to the exterior of the existing building proposed.
The additional parking spaces have been removed per 1st reading action.
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Case No. Attachment C
ZA1 4-029 Page 2
Project Narrative
PROJECT SCOPE NARRATIVE
for
Lot 5R2, THOMAS EASTER NO. 474 ADDITION
Casual Living is making a request to modify the existing zoning for Lot 5R2, Thomas Easter No. 474
Addition, in order to full utilize the existing development on this lot. The site consists of a 1.949 acre
tract with a 12,223 square foot building and 81 parking spaces. The site is currently has a "S-P-2"
zoning which defaults to the City's "C-2 Retail Commercial District". This limits the retail sales floor
are to 10,000 square feet or less. Since the building exceeds this square footage, Casual Living is
requesting additional uses from the "C-3 Retail Commercial District" in order to fully utilize the existing
building. They have reviewed the C-3 allowable uses and have added those which would seem
appropriate for this particular site. The exact uses are listed in the request. Additionally, they are
requesting approval for the outdoor display of patio furniture on the existing patio as depicted on the
site plan which accompanies this request.
Additionally, the existing development does not comply with all of the existing "C-2" zoning
requirements. Casual Living is requesting several variances which address these issues and will
permit the site's "S-P-2" to be in full compliance with the City's zoning regulations. These include a
site specific parking ratio, elimination of the loading space requirement, a change in the impervious
cover requirement, a reduction of the stacking requirement and a reduction in the driveway spacing
requirement to match the existing site conditions.
Case No. Attachment C
ZA14-029 Page 3
Proposed S-P-2 Zoning Regulations for Lot 5R2 — Revised
"S-P-2" Detailed Site Plan District
for
Lot 5R2 THOMAS EASTER NO. 474 ADDITION
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance
No. 480, as amended, as it pertains to the "C-2 Retail Commercial District" uses and regulations with
the following exceptions:
Permitted Uses
The permitted uses allowed pursuant to the C-2 Retail Commercial District zoning
requirements shall be permissible at the site along with the following additional uses:
Casual furniture and fireside furnishings and related accessories.
Additionally, outdoor display of patio furniture will be allowed in the location designated on the
Site Plan which accompanies this request.
Development Regulations:
The development regulations allowed pursuant to the C-2 Retail Commercial District zoning
requirements shall be permissible at the site with the following exceptions:
1. Parking Ratio:
• As stated in Section 35.6(8)(a), Number of Off -Street Parking Spaces Required, are
based on the specific use of each portion of the building.
• Requested Variance — parking spaces required is to be based solely on the ratio of 1
parking space for every 151 square feet of building area.
2. Required Loading Space:
• As stated in Section 36 Off-street Loading Spaces there is a requirement for one 10-
foot by 50-foot loading space.
• Requested Variance: Eliminate the requirement for a loading space as it is not needed
for this property.
3. Impervious Cover:
• As stated in Section 21.5 k. Maximum Impervious Coverage: The maximum
impervious coverage shall not exceed seventy (70%) percent of the total lot area.
• Requested Variance: Modify this section to read "The maximum impervious coverage
shall not exceed seventy-four (72.2%) percent of the total lot area.
Case No. Attachment C
ZA14-029 Page 4
Variance to Driveway Ordinance 634:
1. Stacking Distance for Driveway on Southlake Boulevard:
• As stated in Driveway Ordinance 634: As shown on Table 2 in Section 5.2(d) of the
Driveway Ordinance 634, there is a required 75-foot stacking depth for the total
number of parking spaces. Additionally the Ordinance requires 250 feet spacing
between driveways.
• Requested Variance: Reduce the required 75-foot stacking to 56-foot and reduce the
driveway space from 250 feet to 245 feet as it is currently existing and as shown on the
proposed site plan.
Case No. Attachment C
ZA14-029 Page 4
REVISED SITE PLAN REVIEW SUMMARY
Case No.: ZA14-029 Review No.: Four Date of Review: 09/8/14
Project Name: Zoning Change and Site Plan — Lot 5R1, Block 1, Thomas Easter No. 474 Addition
APPLICANT: Robert Schneeberg
Gonzalez & Schneeberg, Engineers & Surveyors, Inc
660 N. Central Expressway, Ste 250
Plano, TX 75074
Phone: 972-516-8855
Email: Robert. schneeberga-qs-engineers.com
OWNER: Keith Kennington
Albion Iron, L.L.C.
6332 Courtland Drive
Plano, TX 75093
Phone: 972.446.3236
Email: kkcasualliving(o-)-gmail.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 09/5/14 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 LORRIE FLETCHER AT (817) 748-8069 / Ifletchera-ci.south lake.tx.us or
DENNIS KILLOUGH AT (817) 748-8072 / dkillough(a)ci.southlake.tx.us .
Planning Department Review —Lorrie Fletcher, Planner I, Ifletcher(cD-ci.southlake.tx.us 817.748-
8069
All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended). The following changes are needed:
a. The existing driveway does not meet the minimum stacking depth of 75 feet. The
stacking depth is measured in a straight line from the right of way to the first turning
movement, not following the curve radius. Remove the dimension around the curve to
the parking spaces and dimension and label the stacking depth in a straight line from
the right of way to the first turning movement. The calculated stacking depth according
to your submitted plan shows approximately 56 feet. A variance has been requested.
b. The existing driveway does not meet the minimum spacing to the existing driveway to
the east. A minimum spacing of 250 feet is required and 245 feet of spacing is
currently shown as provided. A variance has been requested.
Landscape Review — Keith Martin, Landscape Administrator, kmartin(a-)-ci.southlake.tx.us
817.748-8229
TREE CONSERVATION COMMENTS:
An existing 24" Pine tree is proposed to be removed for the construction of the parking spaces
on the southeast side of the access drive. The two (2) parking spaces and the northeast
corner of the east access drive are proposed to be within the critical root zone area of the
existing 36" Cedar Elm tree. The 36" Cedar Elm looks full but is not in good health, has lots of
mistletoe and may be structurally hazardous.
Case No. Attachment D
ZA14-029 Page 1
LANDSCAPE COMMENTS:
1. This property is currently in violation of the Plant Material Replacement regulations of the
Landscape Ordinance. The applicant is proposing to provide landscaping to replace required
landscaping that has died during the drought and been removed.
Any existing required plant material which shows dead branching over 75% or more of the
normal branching pattern shall be required to be replaced.
2. The submitted Landscape Plan is very confusing. It does not show the proposed parking
improvements and does not indicate if the proposed landscaping will bring the site into
compliance with the Landscape Ordinance regulations.
3. The building area used to calculate the required interior landscape area and plant material
does not match the building area shown on the building.
4. Parking currently exists and is being provided between the front building set back line and
right-of-way. When parking is provided between the right-of-way and the building set back line,
a solid evergreen hedgerow of plants obtaining a mature height greater than three feet (3)
shall be planted. When planted, this hedge shall be a minimum of two feet (2) in height and
planted no further than thirty inches (30") on center.
There was an evergreen hedgerow of plant material in front of the west parking but most of it
died and was removed.
5. Please use the appropriate Interior Landscape and Bufferyards Summary Charts as attached
below.
Indicates informational comment.
# Indicates required items comment.
SUMMARY CHART— BUFFERYARDS
Location/Length
Required I
Provided
Length
Bufferyard
Width/Type
Ca OpV
Trees
Accent
Trees
Shrubs
Fence/Screening Height
of Base Line
& Material
North -
Required
Provided
East -
Required
Provided
South -
Required
Provided
West -
Required
Provided
Note any Credits used in calculations:
a.
Other Comments:
1.
Case No. Attachment D
ZA14-029 Page 2
SUMMARY CHART— INTERIOR LANDSCAPE
Landscape
% of Area in
Front or Side
Canopy
Trees
Accent
Trees
Shrubs
GroundSeasonal
Cover
S .Ft.
Color
Area
Required:
75%
Provided:
Note any credits used in calculations:
a.
Other Comments:
1.
Fire Department Review — Kelly Clements, Deputy Fire Marshal, kclements(a-)ci.southlake.tx.us
817-748-8233
FIRE LANE COMMENTS:
Fire apparatus access needs to be provided within 250 feet of all exterior portions of the
perimeter of buildings on a "hose -lay" basis for sprinkled buildings. Fire apparatus access
needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the
imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW)
Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn
radius. (per 2012 I.F.C. Sec. 503.2.4)
__________________________Informational Comments=====__________________
Staff strongly recommends contacting Pilar Schank in the City Manager's Office to determine if
a SPIN meeting would be beneficial to your application. SPIN meetings should be held prior to
moving forward to the Planning and Zoning Commission. Pilar can be contacted by phone at
(817) 748-8006 or by e-mail at pschank@ci.southlake.tx.us. For more information about SPIN
and the SPIN process please go to SouthlakeSPIN.org.
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.
Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21,
Building Color Standards for Non -Residential Buildings.
Case No. Attachment D
ZA14-029 Page 3
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.
Denotes Informational Comment
Case No. Attachment D
ZA14-029 Page 4
Surrounding Property Owners
Lots 5R1, 5R2 and 4, Thomas Easter No. 474 Addition
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1.
Owner
Orion Sky Properties Llc
Property Address
2707 E Southlake Blvd
Zoning
SP2
Acreage
3.61
Response
F
2.
Orion Sky Investments Llc
2821 E Southlake Blvd
SP2
1.74
F
3.
Stacey Real Estate Partner Ltd
2905 E Southlake Blvd
SP1
2.55
NR
4.
Kim, James C
2821 E Southlake Blvd
SP2
0.58
NR
5.
Shurgard/Freemont Partners 11
2855 E Southlake Blvd
SP2
4.67
NR
6.
280 Sport Llc
280 Commerce St
SP1
4.05
NR
7.
Harbor Town Partners Lp
415 S Nolen Dr
SP2
2.73
NR
8.
Bbj & E Ltd
2860 Market Loop
11
1.99
NR
9.
Ram Interests Lp
2870 Market Loop
11
1.04
NR
10.
Caldwell, K & T De Mont
2890 Market Loop
11
0.93
NR
11.
Akp Management Llc
2850 Market Loop
11
1.44
NR
12.
Taylor, Henry A & Carole F
2865 Market Loop
11
0.91
NR
13.
Wyndham Properties Ltd
2750 E Southlake Blvd
SP2
3.28
NR
14.
Wyndham Properties Ltd
2800 E Southlake Blvd
SP2
0.20
NR
15.
Wyndham Properties Ltd
3001 E State Hwy 114
SP2
32.59
NR
16.
Paragon Property Holdings Lp
515 Nolen Dr
SP2
1.55
NR
17.
1 S-Si Southlake Three Lp
505 S Nolen Dr
SP2
2.65
NR
Responses: F: In Favor O: Opposed To U: Undecided
Responses Received: One (1) in favor
Case No.
ZA14-029
NR: No Response
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-244a
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 LOTS 4,
5R1 AND 5R2, T. EASTER NO. 474 ADDITION, SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 7.22
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "S-P-2" GENERALIZED DISTRICT TO "S-P-2"
GENERALIZED 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-2" Generalized Site
Plan 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
Case No. Attachment F
ZA14-029 Page 1
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 and 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,
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,
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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 described as Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition, Southlake,
Tarrant County, Texas, being approximately 7.22 acres, and more fully and completely
described in Exhibit "A" from "S-P-2" Generalized Site Plan District to "S-P-2"
Generalized Site Plan District with all of the uses and regulations approved with
Ordinance No. 480-244 to include the additional uses and regulations for Lot 5R2 as
depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit
"B", and subject to the following conditions:
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.
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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 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
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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 in its entirety on the City website together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and it 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 2nd day of September, 2014.
MAYOR
ATTEST:
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the day of, 2014.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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EXHIBIT "A"
Being described as Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition, Southlake, Tarrant County,
Texas, being approximately 7.22 acres.
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Reserved for approved site plan and zoning regulation document
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