Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
April 14, 2015
CASE NO: ZA14-076
PROJECT: Kumon Learning Center
EXECUTIVE
st
SUMMARY:
Van Buskirk Properties, LLC is requesting 1 reading approval of a Zoning
Change and Site Plan/Concept Plan for the Kumon Learning Center on
property described as Lots 3 and 4, Gumm Scifres Addition, an addition to the
City of Southlake, Tarrant County, Texas and located at 131 and 151 S. Village
Center Drive, Southlake, Texas. Current Zoning: “O-1” Office District. Proposed
Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8.
DETAILS:
Van Buskirk Properties, LLC is requesting approval of a Zoning Change and
Site Plan/Concept Plan from “O-1” Office District to “S-P-1” Detailed Site Plan
District to develop an approximately 5,000 square foot Kumon Learning Center
(Site Plan) and an approximately 6,000 square foot future office building
(Concept Plan) on two lots totaling approximately 1.46 acres. The first phase
consists of the Kumon Learning Center on the northern lot and a portion of the
drive lanes parking spaces for the site (Site Plan) and the second phase
proposes an office building (up to 6,000 s.f.) on the southern lot, seven covered
parking spaces on the east side of the learning center on the northern lot and
the remaining drive lanes and parking spaces for the site (Concept Plan). A Site
Plan must be approved by City Council following a recommendation by the
Planning and Zoning Commission prior to issuance of a building permit for
Phase II. The elevation for the seven covered parking spaces located at the
rear of the proposed 5,000 s.f. building (Kumon Learning Center) will not be
constructed (if approved) until Phase II commences. However, the applicant is
requesting approval of the covered parking elevations in association with the
5,000 s.f. building. The site plan indicates a trash enclosure to be built in
conjunction with Phase II development. The applicant has indicated that an
agreement with the City’s trash pick-up provider (Republic) has been reached
and curb-side pick-up will be provided until the shared enclosed dumpster area
is constructed with Phase II.
The existing lot configuration is proposed to be altered by the southern property
line of the northern lot moving approximately 22 ½ feet to the south. An
amended plat application which conforms to the proposed site plan /concept
plan is in process for staff approval and filing. If the proposed plan is approved,
the filed amended plat will result in Lots 3R and 4R.
The requested “S-P-1” Detailed Site Plan District will follow the “O-1” Office
District uses and regulations with the following exceptions:
Case No.
ZA14-076
1. Learning Center is an allowed use.
2. Building setback for the southern boundary side yard for Lot 3R shall be
approximately ten (10) feet.
3. A covered parking structure for seven (7) parking spaces to include a
covered walkway attached to the primary structure and constructed of
similar materials as the primary structure shall be allowed with the
construction of Phase II as shown on the concept/site plan, elevations
and rendering.
4. Required parking will be calculated for the site as a whole and not on a
lot by lot basis.
Variances:
1. The Driveway Ordinance requires a minimum stacking depth of 28 feet
for the development as shown. A minimum stacking depth of 12 feet is
provided.
2. The Driveway Ordinance requires a minimum centerline spacing of 150
feet between driveways along a collector street. A minimum spacing of
approximately 100 feet is provided between the driveway on Lot 3R and
the driveway on the property to the north and a minimum spacing of
approximately 69 feet is provided between the driveway on Lot 4R and
the driveway on the property to the south.
3. The existing tree canopy consists of one 36” American Elm tree on the
northern boundary of Lot 3R and a cluster of Eastern Red Cedar brush
at the northeast portion of Lot 4R. The applicant is proposing to remove
these trees which results in 0% preservation of existing tree canopy.
The Tree Preservation Ordinance requires for a 0-20% of existing
canopy that 70% of the existing canopy be preserved. There are no
other existing trees on site.
The S-P-1 zoning will follow the “O-1” Office District uses and regulations
except as noted in the chart below. The items highlighted in red reflect changes
to the regulations per the motion for approval by the Planning and Zoning
Commission at their April 9, 2015 meeting.
Component O-1 Office District S-P-1 Regulation
All O-1 Office District uses to
include Learning Center, but
Permitted Uses O-1 Office District uses
specifically excluding a daycare
as a future use.
The side yard setback for the
Side Yard
15’ southern boundary of proposed
Setbacks
Lot 3R is approximately 8’ 10’.
Case No.
ZA14-076
A covered parking structure for
Allowed with the approval of a specific use
seven (7) parking spaces to
permit – the maximum number of spaces
include a covered walkway
that may be covered by a carport shall not
attached to the primary structure
exceed six (6) spaces. However, where a
and constructed of similar
Covered Parking carport is not visible from a public right of
materials as the primary
Structure way or from single-family residential
structure shall be allowed with
property, the P&Z may recommend and
the construction of Phase II as
the City Council may approve an increase
shown on the submitted
in the number of spaces allowed in a
elevations and rendering.
carport.
The required parking will be
Off-street The required parking will be calculated for calculated for the site as a
Parking the site on a lot by lot basis. whole and not on a lot by lot
basis.
The Planning and Zoning Commission recommended approval (4-0) subject to
Site Plan Review Summary No. 5, dated March 31, 2015, also subject to the
staff report dated April 2, 2014 with the following conditions or modifications
included in the motion; with respect to the S-P-1 requirement that the learning
center be an allowed use, the learning center use will specifically exclude a
future daycare use, with respect to the second request under S-P-1 that the
building setback on the southern boundary side yard will be approximately 8’,
noting for this motion the applicant’s willingness prior to going to Council to
moving the building footprint two to three feet to the north to increase the
setback between the two lots, the Driveway Ordinance variance is granted with
the stipulation that the applicant will recalculate the stacking depth after
removing the northwest parking space which faces Southlake Blvd. and
removing the northernmost parking space right in front of the building, granting
the variance requests to the Driveway Ordinance and Tree Preservation
Ordinance, the motion is conditioned on the covered parking that is requested
in the S-P-1 zoning will not be built until Phase II is developed and the covered
parking as set forth will be the same materials as the building and roofing
materials and specifically noting that the support elements will be stone going
up and not metal.
The following revisions have been made to the Concept/Site Plan and S-P-1
regulations per the Planning and Zoning Commission’s motion:
P&Z Motion Revision
The learning center use will specifically The S-P-1 regulations have been revised
exclude a future daycare use. to exclude a daycare as a future use.
The building footprint will be moved two to The building has been moved to the north
three feet to the north to increase the and reduced in size to increase the
setback between the two lots. setback from 8’ to 10’.
Case No.
ZA14-076
The two parking spaces have been
The applicant will recalculate the stacking
removed and the Site Data Summary
depth after removing the northwest parking
Chart has been revised. The stacking
space which faces Southlake Blvd. and
depth is measured to the first turning
removing the northernmost parking space
movement, so there is no change to the
right in front of the building.
stacking depth.
The covered parking that is requested in The S-P-1 regulations have been revised
the S-P-1 zoning will not be built until to state that the covered parking will be
Phase II is developed allowed with the construction of Phase II.
The covered parking as set forth will be
the same materials as the building and The covered parking structure already
roofing materials and specifically noting met these requirements, so no changes
that the support elements will be stone to the elevations were required.
going up and not metal.
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) SPIN Summary Report
(E) Site Plan Review Summary No. 6, dated April 14, 2015
(F) Surrounding Property Owners Map and Responses
(G) Ordinance No. 480-692
(H) Full Size Plans (for Council Members Only)
STAFF CONTACT:
Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No.
ZA14-076
BACKGROUND INFORMATION
OWNER/APPLICANT:
Van Buskirk Properties, LLC
PROPERTY SITUATION:
131 and 151 S. Village Center Drive
LEGAL DESCRIPTION:
Lots 3 and 4, Gumm Scifres Addition
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
O-1 – Office District
PROPOSED ZONING:
S-P-1 – Detailed Site Plan District
HISTORY:
Zoning Change and Concept Plan (ZA00-126) was approved by the City
Council on April 17, 2001 from AG- Agricultural District to O-1- Office
District – Lots 1 through 4.
Site Plan for Lot 3 (ZA13-008) was approved by the City Council on April
2, 2013 for a 7,385 square foot single story office building – Shaddock
Development.
CITIZEN INPUT:
A SPIN meeting was held October 28, 2014. See Attachment ‘D’ for
summary report.
SOUTHLAKE 2030 PLAN:
Consolidated Future Land Use Plan / F.M. 1709 Corridor Plan:
The underlying land use designation for this property is “Office
Commercial.” The proposed development is consistent with the
recommended scope of uses under the “Office Commercial” land use
designation.
Mobility & Thoroughfares Master Plan:
The Mobility and Master Thoroughfares Plan identify South Village
Center Drive as a 60’ Collector Street. Ordinance 1056 was adopted
February 19, 2013, aligning South Village Center Drive generally
extending east from East Southlake Blvd. to South Nolen Drive.
Pathways Master Plan & Sidewalk Plan
The Pathways Master Plan and Sidewalk Plan show an 8’ sidewalk
planned along the west side of S. Village Center Drive. The submitted
site plan for this project proposes a 5’ sidewalk along the east side of S.
Village Center Drive adjacent to the two (2) subject lots.
TRANSPORTATION
ASSESSMENT:Existing Area Road Network and Conditions
This location currently has access from S. Village Center Drive.
E. Southlake Boulevard (14)
(between S. Carroll Avenue and Kimball Avenue)
24hr West Bound (21,431) East Bound (22,294)
AM Peak AM (1,425)11:45 AM–12:45 PM Peak AM (2,203) 7:45 – 8:45 AM
PM Peak PM (2,099) 5:00– 6:00 PM Peak PM (1,556) 12:00 – 1:00 PM
Based on the 2014 City of Southlake Traffic Count Report
*
Case No. Attachment A
ZA14-076 Page 1
Traffic Impact
Area VtpdAM-AM-PMPM-
Use
(sq. ft.) * IN OUT -IN OUT
Specialty Retail (814)
4,943 222 16 18 14 11
phase 1
()
General Office Building (710)
6,000 66 8 1 2 7
phase 2
()
Total 10,943 288 24 19 16 18
Vehicle Trips Per Day
*
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
th
* Based on the ITE: Trip Generation Manual, 7 Edition
WATER & SEWER: Water
There is an existing 8” water line which runs south from FM1709 that will
serve this development.
Sewer
There is an existing 6” sanitary sewer line that currently serves Lot 2 to
the north of the subject property. There is also an existing 10” sanitary
sewer line along S. Village Drive adjacent to the subject property.
TREE PRESERVATION:
The existing tree canopy consists of one 36” American Elm tree on the
northern boundary of Lot 3R and a cluster of Eastern Red Cedar brush
at the northeast portion of Lot 4R. The applicant is proposing to remove
these trees which results in 0% preservation of existing tree canopy.
The Tree Preservation Ordinance requires for a 0-20% of existing
canopy that 70% of the existing canopy be preserved. There are no
other existing trees on site.
PLANNING AND ZONING
COMMISSION ACTION:
April 9, 2015; Approved (4-0) subject to Site Plan Review Summary No.
5, dated March 31, 2015, also subject to the staff report dated April 2,
2014 with the following conditions or modifications included in the
motion; with respect to the S-P-1 requirement that the learning center be
an allowed use, the learning center use will specifically exclude a future
daycare use, with respect to the second request under S-P-1 that the
building setback on the southern boundary side yard will be
approximately 8’, noting for this motion the applicant’s willingness prior
to going to Council to moving the building footprint two to three feet to
the north to increase the setback between the two lots, the Driveway
Ordinance variance is granted with the stipulation that the applicant will
recalculate the stacking depth after removing the northwest parking
space which faces Southlake Blvd. and removing the northernmost
parking space right in front of the building, granting the variance
requests to the Driveway Ordinance and Tree Preservation Ordinance,
the motion is conditioned on the covered parking that is requested in the
S-P-1 zoning will not be built until Phase II is developed and the covered
parking as set forth will be the same materials as the building and
roofing materials and specifically noting that the support elements will
Case No. Attachment A
ZA14-076 Page 2
be stone going up and not metal.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 6, dated April 14, 2015.
Case No. Attachment A
ZA14-076 Page 3
Case No. Attachment B
ZA14-076 Page 1
Case No. Attachment C
ZA14-076 Page 1
S-P-1 Regulation Document
ZONING REGULATIONS
(Kumon Learning Center)
FOR
LOTS 3R & 4R, GUMM SCIFRES ADDITION
Kumon Learning Center is requesting to modify the existing zoning for Lots 3R & 4R, Gumm Scifres Addition.
Both Lots are currently zoned O-1, and we request a zoning change to both Lots to ‘S-P-1’ to allow for a
‘Learning Center’ use along with all other O-1 uses. The development of the two lots is proposed to occur in
two phases. Lot 3R, which will consist of the Learning Center (approximately 4,711 square feet single-story)
and 27 parking spaces will be constructed with Phase One development. Lot 4R is shown conceptually to
include an office building with up to 6,000 square feet, 7 covered parking spaces to the east of the learning
center and the remaining parking spaces and drive lanes on the site.
S-P-1 Zoning Regulations:
1.Building setback for the southern boundary side yard for Lot 3R shall be approximately 8’ 10’.
2.A covered parking structure for seven (7) parking spaces to include a covered walkway attached to the
primary structure and constructed of similar materials as the primary structure shall be allowed
with
as shown on the submitted site plan, elevations and rendering.
the construction of Phase II
3.Required parking will be calculated for the site as a whole and not on a lot by lot basis.
Requested Variances:
The Driveway Ordinance requires a minimum stacking depth of 28 feet for the development as shown.
A minimum stacking depth of 12 feet is provided.
The Driveway Ordinance requires a minimum centerline spacing of 150 feet between driveways along
a collector street. A minimum spacing of approximately 102 feet is provided between the driveway on
Lot 3R and the driveway on the property to the north; a minimum spacing of approximately 69 feet is
provided between the driveway on Lot 4R and the driveway on the property to the south.
Due to the existing tree canopy as one 36” American Elm tree on the northern boundary of Lot 3R that
will need to be removed and an existing cluster of Eastern Red Cedar brush at the northeast portion of
Lot 4R that will need to be removed. There are no other existing trees on site. We are proposing to
preserve 0% of existing tree canopy. The Tree Preservation Ordinance requires for a 0-20% of existing
canopy that 70% of the existing canopy be preserved.
Case No. Attachment C
ZA14-076 Page 2
Site Plan/Concept Plan at April 9, 2015 P&Z Meeting
Case No. Attachment C
ZA14-076 Page 3
Revised Site Plan/Concept Plan –
04-14-2015
Case No. Attachment C
ZA14-076 Page 4
Elevations
Case No. Attachment C
ZA14-076 Page 1
Case No. Attachment C
ZA14-076 Page 2
SPIN Report
Case No. Attachment D
ZA14-076 Page 1
Case No. Attachment D
ZA14-076 Page 2
Case No. Attachment D
ZA14-076 Page 3
SITE PLAN REVIEW SUMMARY
Case No.: ZA14-076 Review No.: Six Date of Review: 04/14/15
Zoning Change and Site Plan / Concept Plan
Project Name: – Kumon Learning Center
APPLICANT: Lobsinger & Potts Structural OWNER: Van Buskirk Properties, LLC
Engineering, Inc.
Amy Brammer Patricia Van Buskirk
1723 E. Southlake Blvd., Ste 200 107 Belmont Place
Southlake, TX 76092 Southlake, TX 76092
Phone: 817-488-9933 Phone: 817-707-7323
Email: amy@lpse.net Email: kumonofsouthlake@yahoo.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 04/13/15 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 THE APPROPRIATE STAFF MEMBER.
Planning Review
Lorrie Fletcher
Planner I
Phone: (817) 748-8069
Email:lfletcher@ci.southlake.tx.us
The Driveway Ordinance requires a minimum stacking depth of 28 feet for Phase One
2.
development as shown. A minimum stacking depth of 12 feet is provided. A variance has
been requested.
3. The Driveway Ordinance requires a minimum spacing width of 150 feet between driveways
along a Collector Street. A minimum spacing width of approximately 102 feet is provided
between the driveway on Lot 3R and the property to the north; a minimum spacing width of
approximately 69 feet is provided between the driveway on Lot 4R and the property to the
south. A variance has been requested.
4. The existing tree canopy consists of one 36” American Elm tree on the northern boundary of
Lot 3R and a cluster of Eastern Red Cedar brush at the northeast portion of Lot 4R. The
submitted plan shows the removal of these trees which results in 0% preservation of existing
tree canopy. The Tree Preservation Ordinance requires for a 0-20% of existing canopy that
70% of the existing canopy be preserved. There are no other existing trees on site. A
variance has been requested.
The following are recommendations and observations by staff where your application may
benefit and does not represent a requirement.
Staff recommends a colored illustrative site plan be provided that includes landscaping, pavement
treatments, sidewalks and buildings. Please see the examples at the end of this review. Staff
believes this will add much value to the application.
Case No. Attachment E
ZA14-076 Page 1
Staff recommends providing a materials sample board.
All development must comply with the underlying zoning district regulations.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
1. The proposed Tree Preservation Plan (Sheet L1.01), and the proposed S-P-1 development
regulations proposes to remove 100% of the existing tree cover on the property. The
previously approved Site Plan for this property proposed to preserve the tree within a large
parking lot island.
* For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall
consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0). The Planning and
Zoning Commission shall review the application and make a recommendation to the City
Council regarding the application. The City Council shall approve the Plan or Analysis if the
Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so
as to maximize the preservation of environmental features of the property including
mature tree stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer
residential areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
v. maximizes the preservation of existing protected trees along rural roadways and other
streets as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to
this Ordinance.
Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
Case No. Attachment E
ZA14-076 Page 2
property has previously received a tree permit related to development, the percentage of
existing tree cover at the time the first such permit was issued shall be used to calculate the
minimum existing tree cover that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
LANDSCAPE COMMENTS:
1. Break the east and west bufferyards for each lot into two separate bufferyards in the
Bufferyards Summary Chart.
2. All parking lot landscape islands are required to be 12’ at a minimum from back-of-curb to
back-of-curb. The parking landscape islands on the west side of the buildings are not 12’ wide
from back-of-curb to back-of-curb.
# Denotes Required Items.
* Denotes informational Items.
Public Works/Engineering Review
Alejandra Ayala, P.E. / Om Gharty Chhetri, P.E.
Civil Engineers
Phone: (817) 748-8274 / 8079
E-mail: aayala@ci.southlake.tx.us / ochhetri@ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review
1.
of civil construction plans.
2. Fire lane radii shall be 30’ minimum.
3. Dimension the proposed drive. Refer to Driveway Ordinance No. 634 for design criteria.
4. Label the distances to the nearest drives or street intersections in both directions from the
proposed drive.
5. A preconstruction meeting shall be required with this development.
Case No. Attachment E
ZA14-076 Page 3
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Sidewalk widths shall conform to the Southlake Pathways Plan.
* Use the City of Southlake GPS monuments whenever possible. Monument locations can be
found in the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
* Water and sanitary sewer cannot cross property lines without being in an easement or right of
way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be
constructed to City standards.
WATER AND SANITARY SEWER COMMENTS:
1. Provide 1” or 2” service. Tap must match the size of the meter. There are no reducers
allowed before the meter on the public side.
* Water lines cannot cross property lines without being in an easement or right of way.
* Fire lines shall be separate from service lines.
* Water lines and sanitary sewer in easements or right of way shall be constructed to City
standards.
DRAINAGE COMMENTS:
1. Documentation supporting and certifying that detention is not necessary will be required prior
to approval of construction plans.
2. Calculations shall be required to verify capacity of proposed curb inlets.
* Storm sewers collecting runoff from public streets shall be RCP and constructed to City
standards. The proposed flume will not be allowed.
* Property drains into a Critical Drainage Structure #15 and requires a fee to be paid prior to
beginning construction ($406.50/Acre).
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to
the Public Works Administration Department for review. Please allow 15 business days for
review. The plans shall conform to the most recent construction plan checklist, standard
details and general notes which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines
pre-construction, construction and post-construction erosion control measures.
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved
Case No. Attachment E
ZA14-076 Page 4
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Fire Department Review
E-mail: kclements@ci.southlake.tx.us
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
GENERAL COMMENTS:
A manual fire alarm system that initiates the occupant notification signal utilizing an
emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2
and installed in accordance with Section 907.6 shall be installed in Group E occupancies.
Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide
with 6 inch red striping that contains 4 inch white lettering that states “FIRE LANE NO
PARKING” every 25 feet, 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)
Fire lanes that lead to a dead-end need to be provided with an approved turn-around for fire
apparatus if the dead-end is more than 150 feet long, or shorten the length of the fire lane in
that area to not exceed 150 feet from the street access point.
INFORMATIONAL COMMENTS:
All commercial buildings are required to have Knox Box rapid entry systems installed near the
main entrance to the structure. Boxes can be ordered at www.knoxbox.com.
General Informational Comments:
* A Site Plan must be approved by City Council following a recommendation by the Planning
and Zoning Commission prior to issuance of a building permit for Phase II.
Case No. Attachment E
ZA14-076 Page 5
* 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.
65
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and
will require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479.
* 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.
* 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.
* If approved, required parking will be calculated for the site as a whole (by use) and not on a lot
by lot basis.
* Denotes Informational Comment
Case No. Attachment E
ZA14-076 Page 6
SURROUNDING PROPERTY OWNERS
Kumon Learning Center
Owner Zoning Address Acreage Response
Bootstrap Investments Inc SP1 1901 E SOUTHLAKE BLVD 2.16
NR
1.
Landrum Holdings Llc O1 175 WESTWOOD DR 0.97
NR
2.
S Village Center Llc O1 100 S VILLAGE CENTER DR 1.32
NR
3.
Van Buskirk Properties Llc O1 151 S VILLAGE CENTER DR 0.76
NR
4.
Raney, Lloyd E Etux Frankie L SF1-A 209 WESTWOOD DR 0.96
NR
5.
Minder, Jonathan E SF1-A 205 WESTWOOD DR 0.85
NR
6.
Van Buskirk Properties Llc O1 131 S VILLAGE CENTER DR 0.74
NR
7.
Gateway Church CS 2121 E SOUTHLAKE BLVD 13.37
NR
8.
Mody Group Ltd SP1 111 S VILLAGE CENTER DR 1.47
NR
9.
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Nine (9)
Responses Received:
None
Case No. Attachment F
ZA14-076 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-692
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 3 AND 4, GUMM SCIFRES ADDITION,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 1.46 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “O-1” OFFICE DISTRICT TO “S-P-1”
DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE
APPROVED SITE PLAN / CONCEPT PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”,
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential and other
purposes, and to amend said ordinance and map for the purpose of promoting the public
health, safety, morals and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
District under the City’s Comprehensive Zoning Ordinance; and,
Ordinance No. 480-692
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 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
Ordinance No. 480-692
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 described as Lots 3 and 4, Gumm Scifres Addition, an addition to the City
of Southlake, Tarrant County, Texas, being approximately 1.46 acres, and more
fully and completely described in Exhibit “A” from “O-1” Office District to “S-P-1”
Detailed Site Plan District as depicted on the approved site plan / concept plan
attached hereto and incorporated herein as Exhibit “B”, subject to the following
Ordinance No. 480-692
conditions:
st
City Council approval at 1 reading:
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
Ordinance No. 480-692
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 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 No. 480-692
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.
st
PASSED AND APPROVED on the 1 reading the ___ day of April, 2015.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the _____ day of April, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Ordinance No. 480-692
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Ordinance No. 480-692
EXHIBIT “A”
Being described as Lots 3 and 4, Gumm Scifres Addition, an addition to the City of
Southlake, Tarrant County, Texas, being approximately 1.46 acres.
Ordinance No. 480-692
EXHIBIT “B”
Reserved for approved documents
Ordinance No. 480-692