Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
June 9, 2015
CASE NO: ZA15-030
PROJECT: Zoning Change and Site Plan for TrueZero
EXECUTIVE
SUMMARY:
On behalf of TrueZero Properties, Hart, Gaugler & Associates, Inc. (HGA) is
requesting approval of a Zoning Change and Site Plan for TrueZero on property
described as Lot 1R, Block 5, Cornerstone Business Park Addition, an addition
to the City of Southlake, Tarrant County, Texas and located at 305 S. Nolen
Drive, Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District.
Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8.
REQUEST
DETAILS:
HGA is requesting approval of a Zoning Change and Site Plan for TrueZero
from “S-P-2” Generalized Site Plan District with “C-2” Local Retail Commercial
District and “I-1” Light Industrial District uses to “S-P-1” Detailed Site Plan
District with “O-1” Office District uses to construct an approximately 12,000
square foot office building on approximately 1.85 acres. The proposed single-
story office building is intended to be occupied by a single tenant, TrueZero. An
approximately 132 square foot storage building adjacent to the dumpster
enclosure is proposed on the site.
The property is currently included in an S-P-2 Generalized Site Plan District
zoning district for Cornerstone Business Park that includes five lots on
approximately 11.572 acres. The applicant is proposing to remove the lot from
the S-P-2 zoning district and to establish a separate S-P-1 zoning district for the
TrueZero lot.
The requested “S-P-1” Detailed Site Plan District includes all uses allowed
under “O-1” Office District, as well as the following regulations:
1. On all facades, the horizontal and vertical articulation will be as shown
on the Site Plan and the elevations. (*The site is located in the non-
residential development overlay and would be subject to the articulation
standards of Ordinance No. 480, Section 43.19.d.1.(c))
2. A storage building shall be a permitted accessory use.
Variance Request:
1. The Driveway Ordinance requires a minimum spacing of 250 feet
between the proposed driveway centerline and the existing driveway
centerline to the north; a variance is requested to allow a spacing
distance of approximately 185 feet. The variance is requested to allow
the proposed driveway to align with the existing driveway across S.
Case No.
ZA15-030
Nolen Dr. from the True Zero property.
On May 7, 2015, the Planning & Zoning Commission recommended approval
(4-0) specifically approving the variance to driveway spacing; the staff review
summary and staff report; noting the applicant’s willingness to look at tree
preservation and denying the proposed covered parking structure. The
applicant has responded with revised plans indicating the removal of the
covered parking structure and an increase in tree preservation from 20% to
42%. Under straight O-1 zoning, a minimum of 40% tree preservation would be
required.
The S-P-1 zoning will follow the “O-1” Office District uses and regulations
except as noted in the chart below:
Component O-1 Office District S-P-1 Regulation
This site is subject to the Non-residential
Allow horizontal and vertical
Overlay District regulations, which requires
Articulation articulation as shown on the site
vertical and horizontal articulation on all
plan and building elevations
facades visible from S. Nolen Dr.
Allowed with the approval of a specific use
Allow a storage building as a
permit – accessory buildings enclosing
Storage Building permitted accessory use as
equipment or activities in conjunction with
proposed.
the permitted principal uses.
st
On June 2, 2015, the City Council approved the 1 reading subject to the staff
report and site plan review summary; granting the following variance as well as
requiring that there will be a spacing distance of approximately 185 feet
between the proposed driveway centerline and the existing driveway centerline
to the north, and allowing the proposed driveway to align with the existing
driveway across Nolen Drive from the TrueZero property; and subject to the
applicant attempting to reach an agreement with the property owner to the north
to remove whatever is necessary to clear the sight line for existing traffic from
the TrueZero property on that southwest corner of the northern neighbor’s
property. Absent an agreement, the City Council will be considering at second
reading the approval of a right-turn only out of the property. Secondly, the
applicant has agreed to provide a sample board and some greater articulation
detail and clarity by second reading.
City Council 1 st reading motion Applicant’s Response
subject to the applicant attempting to reach an
agreement with the property owner to the north to
The applicant has stated they are currently in
remove whatever is necessary to clear the sight line
discussions with the property owner to the north
for existing traffic from the TrueZero property on that
regarding the existing trees in the sight triangle.
southwest corner of the northern neighbor’s property
The applicant has provided a sample board that
nd
will be displayed at the 2 reading. A photo of the
the applicant has agreed to provide a sample board
board is provided in the slide presentation for this
agenda item.
Case No.
ZA15-030
The applicant has responded with updated
information regarding the building articulation
(Attachment ‘C’, page 12). In addition, the
the applicant has agreed to provide some greater
applicant has provided product information for the
articulation detail and clarity
horizontal louvers proposed on the west elevation
(Attachment ‘C’, pages 13 & 14).
ACTION NEEDED:
1. Conduct public hearing
nd
2. Consider approval of 2 reading for a zoning change and site plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) SPIN Summary Reports dated March 2, 2015 and April 28, 2015
(E) Site Plan Review Summary No. 3, dated May 11, 2015
(F) Surrounding Property Owners Map and Responses
(G) Ordinance No. 480-695
(H) 11 x 17 Size Plans (for Council Members Only)
STAFF CONTACT:
Dennis Killough (817) 748-8072
Richard Schell (817) 748-8602
Lorrie Fletcher (817) 748-8069
Case No.
ZA15-030
BACKGROUND INFORMATION
OWNER:
TrueZero Properties
APPLICANT:
Hart, Gaugler & Associates, Inc.
PROPERTY SITUATION:
305 S. Nolen Drive
LEGAL DESCRIPTION:
Lot 1R, Block 5, Cornerstone Business Park Addition
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
S-P-2 – Generalized Site Plan District
PROPOSED ZONING:
S-P-1 – Detailed Site Plan District
HISTORY:
-A zoning change from “AG” to “O-1” and “I-1” on the west portion of this
property as well as a Preliminary Plat were approved by the City in May
of 1997.
-A Final Plat (ZA97-114) was approved by the City on September 4,
1997.
-City Council approved a zoning change (ZA02-018) from “O-1” and “I-
1” to “S-P-2” with “I-1” uses on the western portion of the property and
an associated concept plan on July 16, 2002.
-A zoning change and concept plan (ZA04-021) from “AG” Agricultural
District and “S-P-2” General Site Plan District to “S-P-2” General Site
Plan District with “C-2” Local Retail Commercial District and “I-1” Light
Industrial District uses was approved by City Council on June 15, 2004.
- A plat revision (ZA04-065) was approved by City Council on October
15, 2004.
-A zoning change and site plan (ZA10-065) for Lot 5R1 (Texas Digestive
Disease Consultants) from “S-P-2” General Site Plan District to “S-P-2”
General Site Plan District was approved by City Council on January 18,
2011.
-A zoning change and site plan / concept plan (ZA11-027) from S-P-2
General Site Plan District to S-P-2 General Site Plan District to add 15
parking spaces and to reconfigure driveways on the site/concept plan
for Lots 1R, 2R1R, 3R, 4R and 5R1, Block 5, Cornerstone Business
Park was approved by City Council on October 18, 2011.
CITIZEN INPUT:
SPIN meetings were held March 2, 2015 and April 28, 2015. See
Attachment ‘D’ for summary reports.
SOUTHLAKE 2030 PLAN:
Consolidated Future Land Use 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.
Case No. Attachment A
ZA15-030 Page 1
Mobility & Thoroughfares Master Plan:
The Mobility and Master Thoroughfares Plan identifies S. Nolen Drive as
a three lane undivided arterial with 70’ of right of way between E.
Southlake Blvd. and Crooked Ln.
Pathways Master Plan
The applicant shows the required 5-foot sidewalk along S. Nolen Drive
on the submitted site plan.
TRANSPORTATION
ASSESSMENT:Existing Area Road Network and Conditions
This location proposes one access point from S. Nolen Drive. The
existing driveway located on the W. side of S. Nolen Drive at 300 S.
Nolen Drive, Nolen Office Park was approved with the condition that
upon construction of Village Center Dr. if staff deems it necessary, the
driveway can be changed to right-in right-out only. See analysis
received from Lee Engineering included as Attachment ‘C’, pages 6 and
7 of this report.
Nolen Drive (85)
(between FM 1709 and Crooked Lane)
24hr North BoundSouth Bound2,710
(2,773) ()
AM 305307
Peak AM ()11:45 AM–12:45 PM Peak AM () 8:15 – 9:15 AM
PM 335318
Peak PM () 4:30– 5:30 PM Peak PM () 12:45 – 1:45 PM
Based on the 2014 City of Southlake Traffic Count Report
*
Traffic Impact
Area VtpdAM-AM-PMPM-
Use
(sq. ft.) * IN OUT -IN OUT
Single Tenant Office Building (715) 12,000 139 19 2 3 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 12” water line which runs along the east side of S.
Nolen Drive that will serve this development.
Sewer
Sewer is proposed to be extended to the property from a 6” sewer line
that exists on the property to the southeast. A utility easement dedicated
by separate instrument will be required for the sewer line.
TREE PRESERVATION:
There is approximately 63% of existing tree cover on the site. If the
request was for a straight zoning change, 40% of the existing canopy
would be required to be preserved. The applicant is proposing to
preserve approximately 42% of the existing tree cover on the property.
For property sought to be zoned S-P-1 Site Plan, City Council shall
consider the application for a Conservation Analysis or Plan in
conjunction with the corresponding development application.
Case No. Attachment A
ZA15-030 Page 2
PLANNING & ZONING
COMMISSION ACTION:
May 7, 2015, Approved (4-0) specifically approving the variance to
driveway spacing; also subject to the Site Plan Review Summary No. 2,
dated April 29, 2015 and the staff report dated May 7, 2015; noting the
applicant’s willingness to look at tree preservation and denying the
proposed covered parking structure.
st
CITY COUNCIL ACTION:
June 2, 2015, Approved (6-0) 1 reading subject to the staff report dated
May 26, 2015 and site plan review summary # 3, dated May 11, 2015;
granting the following variance as well as requiring that there will be a
spacing distance of approximately 185 feet between the proposed
driveway centerline and the existing driveway centerline to the north, and
allowing the proposed driveway to align with the existing driveway across
Nolen Drive from the TrueZero property; and subject to the applicant
attempting to reach an agreement with the property owner to the north to
remove whatever is necessary to clear the sight line for existing traffic
from the TrueZero property on that southwest corner of the northern
neighbor’s property. Absent an agreement, the City Council will be
considering at second reading the approval of a right-turn only out of the
property. Secondly, the applicant has agreed to provide a sample board
and some greater articulation detail and clarity by second reading.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 3, dated May 11, 2015.
Case No. Attachment A
ZA15-030 Page 3
Case No. Attachment B
ZA15-030 Page 1
S-P-1 Regulation Document –
presented at P&Z
Case No. Attachment C
ZA15-030 Page 2
st
S-P-1 Regulation Document –
updated 5-11-2015, no changes since 1 reading
Case No. Attachment C
ZA15-030 Page 3
Applicant’s Project Narrative
Case No. Attachment C
ZA15-030 Page 4
Case No. Attachment C
ZA15-030 Page 5
Site Distance Analysis
Case No. Attachment C
ZA15-030 Page 6
Site Distance Analysis
Case No. Attachment C
ZA15-030 Page 7
Site Plan –
presented at P&Z
Case No. Attachment C
ZA15-030 Page 8
st
Site Plan –
updated 5-11-2015, no changes since 1 reading
Previously proposed covered parking structure removed.
One parking space removed to save existing trees.
Case No. Attachment C
ZA15-030 Page 9
Elevations -
presented at P&Z
Case No. Attachment C
ZA15-030 Page 10
st
Elevations -
updated 5-11-2015, no changes since 1 reading
Previously proposed covered parking structure removed.
Case No. Attachment C
ZA15-030 Page 11
Articulation and Floor Plan –
submitted 6-9-2015
Case No. Attachment C
ZA15-030 Page 12
Louver System Details
Case No. Attachment C
ZA15-030 Page 13
Louver System Details
Case No. Attachment C
ZA15-030 Page 14
SPIN Reports
Case No. Attachment D
ZA15-030 Page 1
Case No. Attachment D
ZA15-030 Page 2
Case No. Attachment D
ZA15-030 Page 3
Case No. Attachment D
ZA15-030 Page 4
QUESTIONS / CONCERNS:
Can you review any variances?
Addition of second access point to Nolen Drive
o
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting
minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general
responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to
follow the case through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment D
ZA15-030 Page 5
Case No. Attachment D
ZA15-030 Page 6
* The applicant’s presentation was the same as what was presented March 2, 2015.
QUESTIONS / CONCERNS:
None
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting
minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general
responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to
follow the case through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment D
ZA15-030 Page 7
SITE PLAN REVIEW SUMMARY
Case No.: ZA15-030 Review No.: Three Date of Review: 05/11/15
Site Plan
Project Name: – True Zero – 305 S. Nolen. Dr.
APPLICANT: John Blacker OWNER: Don Penn
Hart, Gaugler & Associates, Inc. TrueZero Properties
12801 N. Central Expwy., Suite 1400 635 Westport Pkwy. Suite 300
Dallas, TX 75243 Grapevine, TX 76051
Phone: (972) 239-5111 Phone: (817) 410-2858
E-mail: jblacker@hartgaugler.com E-mail: donpenn@iegltd.co
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/11/15 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
1. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended. The following variance has been requested:
a. S. Nolen Drive is a three lane undivided arterial with 70’ of right of way adjacent to the
site, so a minimum of 250’ of spacing is required between the proposed driveway
centerline and the existing driveway centerlines to the north and south. The submitted
site plan indicates that the spacing to the driveway to the north is approximately 185
feet. A variance has been requested.
2. Staff is concerned about the lack of a turnaround for the dumpster and loading space areas
resulting in a long distance for the trucks to back up. Please consider relocating the locations
of the dumpster and loading space to decrease the distance that trucks would have to back up
or provide turnarounds.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
* The proposed existing tree cover preservation complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance 585-D. There is 63% existing
Case No. Attachment E
ZA15-030 Page 1
tree cover on the site and 40% of the existing tree cover is required to be preserved. 42% is
proposed to be preserved.
On the previous plan the applicant the full extent of the preserved canopy cover was not being
measured. The area which covered impervious area was being included within the percentage
of tree cover preserved.
* 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
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.
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
Case No. Attachment E
ZA15-030 Page 2
Ordinance.
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases and construction
of the development. Alteration or removal of any of the existing trees shown to be preserved
on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and
the zoning as approved by the Southlake City Council. Please ensure that the layout of all
structures, easements, utilities, structures grading, and any other structure proposed to be
constructed do not conflict with existing trees intended to be preserved.
LANDSCAPE COMMENTS:
1. Existing tree credits are being taken for existing trees within the interior landscape area and
the bufferyards. Credits shall only be granted if the tree/s are in healthy condition and all
requirements of the Tree Preservation Ordinance have been met at the time of inspection for a
Permanent Certificate of Occupancy.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E. , CFM
Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* 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:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be
15’.
2. Civil construction plans shall address pre-construction, post-construction and permanent
erosion control measures and stabilization.
* Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement.
* 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.
Case No. Attachment E
ZA15-030 Page 3
WATER COMMENTS:
* The size of the water service tap must match the size of the meter. There are no reducers
allowed before the meter on the public side. A one inch meter must have a one inch tap, etc.
* Our meter sizes are 1” or 2”. You show a 1-1/2” meter. Needs to be either 1” or 2”.
* Water meters and fire hydrants shall be located in an easement or right of way.
DRAINAGE COMMENTS:
* 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 Developer Agreement may be required for this development and may need to be approved
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
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
An automatic fire sprinkler system will be required for buildings over 6,000 square feet. (Per
2012 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135
Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599.
Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant,
and within 50 feet of fire department fire lanes. (FDC is shown on plans, but there is not a fire
hydrant within the required distance)
A fire hydrant will be required to be added on the property within 100 feet of the Fire
Case No. Attachment E
ZA15-030 Page 4
Department Connection.
The FDC is be a 5 inch Storz connection with a 30 degree down elbow and a Knox locking
cap.
An exterior audible/visual fire alarm device must be installed above the Fire Department
Connection to indicate when a fire alarm condition is present in the building.
All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA
72, the 2012 International Fire Code, and the City of Southlake amendments.
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)
All commercial buildings are required to have Knox Box rapid entry systems installed near
access to the riser room. Boxes can be ordered at www.knoxbox.com or contact the Fire
Marshal’s Office for assistance.
If the riser is further than 100 feet from the city main, the double check valve shall be in a
vault. Riser room shall be a minimum of 5’X5’ since the double check is in a vault. (Plans
indicate that the double check will need to be installed in a vault due to the distance from the
city main).
GENERAL INFORMATIONAL COMMENTS
* Verification has been submitted by the applicant indicating that the impervious coverage for
the remainder of the S-P-2 district is approximately 68.93% if this lot is removed, which does
not exceed the maximum allowed in the district (75%).
* The Site Plan and elevations propose an approximately 132 square foot storage building to be
permitted as an accessory use. The Specific Use Permit regulations for the development of
accessory buildings in Zoning Ordinance No. 480, Section 45.16, as amended, states the
structure design and materials required. An S-P-1 regulation to allow the storage building has
been included in the zoning change request, so approval of a separate SUP is not required.
The SUP requirements for accessory buildings are included below for reference only:
a. Accessory buildings shall be required a permanent foundation and shall be located
no closer than ten feet (10') to a property line located in the rear yard.
b. Separation requirements between accessory and principal buildings shall be
determined by the most recently adopted International Building Code (IBC).
c. No accessory building shall be constructed upon a lot until the construction of the
principal building or use has actually been commenced, and no accessory building
shall be used unless the main building in a lot is completed and used.
d. Accessory buildings shall be used only in compliance with individual district
regulations.
e. Accessory buildings shall not exceed one story or fourteen feet (14') in height.
f. No accessory building shall be located forward of the principal building on the lot.
g. All accessory structures requiring a Specific Use Permit shall meet the requirements
set forth in Masonry Ordinance No. 557-A, as amended.
h. Masonry material used shall match the masonry material of the principal structure on
the lot.
i. Roof (design, pitch, and materials) to be the same type as the principal structure roof.
Case No. Attachment E
ZA15-030 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 from 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.
75
* 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.
* 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 E
ZA15-030 Page 6
SURROUNDING PROPERTY OWNERS
TrueZero
200 foot buffer
Owner Zoning Address Acreage Response
Btr-8 Southlake Llc SP2 2707 E SOUTHLAKE BLVD 5.76
NR
1.
Orion Sky Properties Llc SP2 2757 E SOUTHLAKE BLVD 3.61
NR
2.
Williams, Roger G Etal SP2 305 S NOLEN DR 1.56
NR
3.
Pony Investments Llc SP2 405 S NOLEN DR 2.53
NR
4.
Harbor Town Partners Lp SP2 415 S NOLEN DR 2.73
5.O
Gateway Church SP1 500 S NOLEN DR 5.54
NR
6.
Lago Del Sur Llc I1 525 S NOLEN DR 1.63
NR
7.
Lago Del Sur Llc I1 535 S NOLEN DR 1.64
NR
8.
Charleston Court Lp I1 545 SILICON DR 2.59
NR
9.
Patterson Southlake Fam Prop I1 530 S NOLEN DR 1.07
NR
10.
Case No. Attachment F
ZA15-030 Page 1
Lago Del Sur Llc I1 545 S NOLEN DR 1.62
NR
11.
Nolen Exchg Bus Park Llc I1 540 S NOLEN DR 1.55
12.O
Fulbright Mays Trust I1 2825 EXCHANGE BLVD 1.15
NR
13.
Chany Development Inc SP1 500 SILICON DR 1.51
NR
14.
Paragon Property Holdings Lp SP2 515 S NOLEN DR 1.55
15.O
Spelunker Properties Iv Llc SP2 505 S NOLEN DR 2.65
NR
16.
Chany Development Inc SP1 510 SILICON DR 1.74
NR
17.
Myan Plaza Lp O1 520 SILICON DR 1.43
NR
18.
Charleston Court Lp O1 530 SILICON DR 4.85
NR
19.
Broadgate Equity Lp I1 2815 EXCHANGE BLVD 1.76
NR
20.
Drs Group Llc I1 2819 EXCHANGE BLVD 0.93
NR
21.
Shanklin, Harold Est & Richard AG 2627 E SOUTHLAKE BLVD 4.26
O
22.
Nolen Medical Investments Llc SP1 300 S NOLEN DR 1.84
NR
23.
White, Elbert Clark Jr AG 2450 CROOKED LN 15.85
NR
24.
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Twenty-Four (24)
Responses Received within 200’:
Two (2) – Attached and shown in red
Responses Received outside 200’:
Two (2) – Attached and shown in purple
Responses Received outside notification area:
Four (4) – see attached emails
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Responses Received Within 200’
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Responses Received Outside 200’
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Additional Responses Received
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-695
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
1R, BLOCK 5, CORNERSTONE BUSINESS PARK ADDITION, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED
SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED
ON THE APPROVED DEVELOPMENT 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 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
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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,
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
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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:
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
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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 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
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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.
nd
PASSED AND APPROVED on the 1st reading the 2 day of June, 2015.
_________________________________
Laura Hill, MAYOR
ATTEST:
_________________________________
Lori Payne, CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2015.
________________________________
Laura Hill, MAYOR
ATTEST:
________________________________
Lori Payne, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
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ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Reserved for legal description
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EXHIBIT “B”
Reserved for approved plans
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