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Item 11 - Ordinance No. 480-313 for referenceCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-313 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 4, BLOCK A, MT? -IBM ADDITION NO. 1, AN ADDITION TO THE CITY OF SOUTHLAKE, ACCORDING TO THE PLAT RECORDED IN VOLUME 388/211, PAGE 68 AND 69 OF PLAT RECORDS, TARRANT COUNTY, TEXAS AND AS RECORDED IN CABINET G, PAGE 208, PLAT RECORDS, DENTON COUNTY, TEXAS; TRACTS 1, 1A1, 1C, 2A1, 2A2, 2A3, 2A4, 2A5, 2A7, AND PORTIONS OF TRACTS 2A AND 2A6 SITUATED IN THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015; PORTIONS OF TRACTS 1 AND 1C SITUATED IN THE JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134; AND PORTIONS OF TRACTS 3A1, 3AIA, 3A1A2, 3A3A1, 4B, 4111, 4B2, SITUATED IN THE REES D. PRICE SURVEY, ABSTRACT NO. 1207, BEING APPROXIMATELY 154.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND "NR- PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "0-2," OFFICE DISTRICT USES AND CERTAIN OTHER PERMITTED AND ACCESSORY USES WHICH ARE GENERALLY RELATED TO COMMUNICATION, COMPUTER, AND INFORMATION TECHNOLOGIES; TRAINING AND CONFERENCE CENTERS; PARKING STRUCTURES; HELIPORT/STOP AND VERTI- PORT/STOP; HOTEL, RESTAURANT, RETAIL AND OFFICE USES AS DEPICTED ON THE APPROVED CONCEPT PLAN, SUBJECT TO THE PUD DEVELOPMENT STANDARDS, 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 UCITY DOCS\ORD\CASES\480-313.DOC Page 1 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 "R-PUD" Residential Planned Unit Development District and "NR-PUD" Non -Residential Planned Unit Development 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 glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding LACTT7 DOMORMCASFSW80-311DOC Page 2 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 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. L:\CTTY DOCS\ORD\CASFSA80-311DOC Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 4, Block A, MTP-IBM Addition No. 1, an addition to the City of Southlake, according to the plat recorded in Volume 388/211, Page 68 and 69 of Plat Records, Tarrant County, Texas and as recorded in Cabinet G, Page 208, Plat Records, Denton County, Texas; Tracts 1, lAl, 1C, 2A1, 2A2, 2A3, 2A4, 2A5, 2A7, and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts 1 and 1C situated in the James B. Martin Survey, Abstract No. 1134; and portions of Tracts 3A1, 3A1A, 3A1A2, 3A3A1, 4B, 4B1, 4B2, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 154.8 acres, and more fully and completely described in Exhibit "A" from "R-PUD" Residential Planned Unit Development District and "NR-PUD" Non -Residential Planned Unit Development District to "NR-PUD" Non -Residential Planned Unit Development District with "O-2," Office District uses and certain other permitted and accessory uses which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-port/stop; hotel, restaurant, retail and office uses as depicted on the approved Concept Plan, subject to the PUD development standards, attached hereto and incorporated herein as Exhibit "B" . 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 LACITY DOCS\ORD\CASES\480-313.DOC Page 4 applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein L:\C1TY DOCS\ORD\CASFS\480-311DOC Page 5 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 or its caption and penalty 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 if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. L:\CITY DOCS\ORD\CASESA80-313MOC Page 6 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 Ist reading the day of , 1999. 17 l !/ ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the JOG day of 41 d' ' 1999. ATTEST: ITY SECRETARY L:\CITY DOCS\ORMCASFSA80-313MOC Page 7 APPROVED AS TO FORM AND LEGALITY: A a , CITY ATTORNEY DATE: G �9 ADOPTED: 2D_� EFFECTIVE:"! L:\CITY DOCS\ORD\CASFSA80-311DOC Page 8 EXHIBIT "A" LA-N-D DESCRIPTION TRACT No. 2 BEING a tract of land situated in the J. B. Martin Survey, Abstract No.1134, the R. D. Price Survey, Abstract No. 1207, W. 'Nfedlin Survey, Abstract No. 1958, and the U. P. Martin Survey, Abstract No. 1015, Tarrant County, Texas, and the W. Medlin Survey. Abstract No. 1588 Denton County, Texas, and being all of Lot 4, Block A of the MTP-IBM Addition No. 1, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388/211, Page 68 and 69 of Tarrant County Plat Records and recorded in Volume G, Page 208 of the Plat Records of Denton County, Texas, and being a portion of a tract of land as described in the Correction Special Warranty Deed to International Business Machines Corporation as recorded in Volume 13247, Page 317 of the deed records of Tarrant County, Texas, and also being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp. as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found with "Huitt-Zollars" cap on the southerly platted right-of- way line of Kirkwood Boulevard (formerly Parkway Boulevard) 131 foot right-of-way, said iron rod being at the most southerly southwest comer of said MTP-IBM Addition No. 1; THENCE along the southerly right-of-way line of said Kirkwood Boulevard as follows: North 63 degrees 15 minutes 25 seconds East, a distance of 32.25 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap at the beginning of a curve to the right; Along said curve to the right with a central angle of 24 degrees 19 minutes 16 seconds, a radius of 1.419.50 feet, an arc distance of 602.55 feet a long chord that bears North 75 degrees 25 minutes 02 seconds East, a distance of 598.04 feet to a 5/8 inch iron rod found with "Huitt- Zollars" cap; North 87 degrees 34 minutes 40 seconds East, a distance of 137.89 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap at the southeast comer of said MTP-IBM Addition No. 1; THENCE, along the easterly line of said MTP-IBM Addition No. 1, North 00 degrees 09 minutes 22 seconds West, a distance of 131.53 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap on the platted northerly right-of-way line of Kirkwood Boulevard and being the beginning of a non -tangent curve to the right; _ THENCE, along said curve to the right, with a central angle of 73 degrees 12 minutes 27 seconds, a radius of 10.00 feet, an arc distance of 12.78 feet, a long chord that bears North 39 degrees 01minutes 39 seconds West. a distance of 11.93 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap on the easterly right-of-way line of East T.W. King Road (a variable width right-of-way); THENCE along the easterly right-of-way line of said East T.%. King Road as follows: i S—ey'25I-""Q'scs%DY J- i OF 8 ' ` 1999 s, L %CITYDOCS10RU\CASES%480.3t3.DOC Page 9 North 02 degrees 25 minutes 20 seconds West, a distance of 95.63 feet to a 5/8 inch iron rod found %ith "Huitt-Zollars" cap the beginning of a curve to the left; Along said curve to the left, with a central angle of 15 degrees 44 minutes 31 seconds, a radius of 610.00 feet, an arc distance of 167.60 feet, a long chord that bears North 10 degrees 17 minutes 35 seconds West, a distance of 167.07 feet a 5/8 inch iron rod found with "Huitt- Zollars" cap; North 18 degrees 09 minutes 51 seconds West, a distance of 3.34 feet to a 518 inch iron rod found with "Huitt-Zollars" cap the beginning of a curve to the left; Along said curve to the left, with a central angle of 54 degrees 27 minutes 17 seconds, a radius of 474.00 feet, an arc distance of 450.50 feet, a long chord that bears North 45 degrees 23 minutes 30 seconds West, a distance of 433.73 feet a 518 inch iron rod found with "Huitt- Zollars" cap; North 72 degrees 37 minutes 08 seconds West, a distance of 404.43 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap at the beginning of a curve to the right; Along said curve to the right, with a central angle of 55 degrees 00 minutes 00 seconds, a radius of 406.00 feet, an arc distance of 389.73 feet, a long chord that bears North 45 degrees 07 minutes 08 seconds West, a distance of 374.94 feet to a 5/8 inch iron rod found with "Huitt- Zollars" cap at the beginning of a curve to the right; Along said curve to the right, with a central angle of 08 degrees 58 minutes 48 seconds, a radius of 1,406.00 feet, an arc distance of 220.36 feet, a long chord that bears North 13 degrees 07 minutes 44 seconds West, a distance of 220.13 feet to a 518 inch iron rod found with "Huitt- Zollars" cap; THF- CE, departing the easterly right-of-way line of said East T.W. King Road, along the northerly and easterly lines of said Lot 4, Block A, the following; North 88 degrees 17 minutes 12 seconds East a distance of 80.85 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; South 00 degrees 12 minutes 32 seconds West, a distance of 220.18 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; South 31 degrees 05 minutes 05 seconds East, a distance of 50.00 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; South 63 seconds 57 minutes 48 seconds East, a distance of 359.25 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; PSWv9rJITDCwpubUB%DY.doc 2 OF8 -93d" LACITYDOCSIORMCASEryt84313. DOC Page 10 EXHIBIT "A" South 89 degrees 47 minutes 28 seconds East, a distance of 79.66 feet to a 5/8 inch iron rod found with cap in the west line of A.F. Olen tract, as described by deed Volume 4823, Page 575. Deed Records, Tarrant County, Texas; South 00 degrees 12 minutes 32 seconds West, along the west line of said Olen Tract, a distance of 43.43 feet to a fence comer at the southwest comer of said Olen tract; North 89 degrees 42 minutes 23 seconds East, along the south line of said Olen tract, a distance of 479.25 feet to a Corps of Engineers concrete monument found for the southeast comer of said Olen tract, the same being the southwest comer of a tract of land as described by deed to C.R. Revels as recorded in Volume 86, Page 557, Deed Records, Tarrant County, Texas; THENCE along the southerly line of said C.R. Revels tract the following courses and distances; North 89 degrees 50 minutes 38 seconds East, a distance of 660.05 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East, a distance of 1132.28 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap; South 01 degree 09 minutes 16 seconds East, a distance of 651.54 feet to a 3/4 inch iron rod found; North 89 degrees 56 minutes 04 seconds East, a distance of 333.16 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap in the westerly right -of ,. line o€White Chapel Road (50 feet wide right-of-way); THENCE, along the westerly right-of-way of White Chapel Road, South 02 degrees 11 nunutes 25 seconds East, a distance of 85.06 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the northeasterly comer of a tract of land as described in Special Warranty Deed to the City of Southlake as executed on April 28, 1998; THENCE, South 89 degrees 56 minutes 04 seconds West, departing the westerly right-of-way line of said White Chapel Road and along the northerly line of said City of Southlake tact, a distance of 114.99 feet to a 5/8 inch iron rod set with "Huitt-Zollare, cap at the northw telly comer of said City of Southlake tract; - THENCE, South 00 degrees 03 minutes 56 seconds East, along the westerly line of said City of Southlake tract, a distance of 100.00 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the southwesterly comer of said City of Southlake tract; THENCE. South 06 degrees 07 minutes 22 seconds West, a distance of 263.21 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap; 1:lS..aY12712%$N- JIZBNDYdoe 3 OF8 3/"9 LICrrYDOCS\oRmcAS ESA&Y 313. DOC Page I 1 EXHIBIT "A" THENCE. South 02 degrees 25 minutes 42 seconds East, inch iron rod set with "Huitt-Zollars" cap on the easterly o o distance of 160.37 feet to a 5/8 Branch; Y P bank of South Fork Kirkwood THENCE, generally along the easterly and southerly top of bank of said creek the following courses and distances: South 46 degrees 28 minutes 21 seconds East a distance of 81.99 feet; South 42 degrees 41 minutes 23 seconds West a distance of 92.21 feet; South 29 degrees 21 minutes 54 seconds West a distance of 106.36 feet; South 16 degrees 11 minutes 08 seconds West a distance of 148.69-feet; South 03 degrees 24 minutes 13 seconds West a distance of 168.53 feet; South 45 degrees 59 minutes 11 seconds West a distance of 74.72 feet; South 05 degrees 31 minutes 46 seconds West a distance of 52.64 feet; South 63 degrees 16 minutes 32 seconds East a distance of 53.47 feet; South 08 degrees 05 minutes 54 seconds West a distance of 38.62 feet; South 85 degrees 28 minutes 32 seconds West a distance of 48.87 feet; South 05 degrees 31 minutes 46 seconds West a distance of 196.76 feet; South 41 degrees 44 minutes 24 seconds West a distance of 43.62 feet; South 32 degrees 52 minutes 05 seconds East a distance of 91.58 feet; South 83 degrees 49 minutes 21 seconds East a distance of 36.19 feet; North 15 degrees 36 minutes 10 seconds East a distance of 58.44 feet; South 73 degrees 59 minutes 03 seconds East a distance of 36.34 feet; South 18 degrees 26 minutes 43 seconds East a distance of 87.49 feet; South 19 degrees 22 minutes 15 seconds West a distance of 40.53 feet; South 61 degrees 25 minutes 48 seconds West a distance of 99.80 feet; South 08 degrees 36 minutes 22 seconds East a distance of 198.28 feet; -W—Ty-'zoo."12D.%OY.dx V%„ 4 OF8 L%C"DOMORDTASES`A30.313, DOC Pase-12 EXHIBIT "A" North 70 degrees 42 minutes 42 seconds East a distance of 47.08 feet; South 22 degrees 16 minutes 43 seconds East a distance of 12.87 feet; South 32 degrees 05 minutes 51 seconds West a distance of 60.69 feet; South 30 degrees 18 minutes 36 seconds East a distance of 27.12 feet; South 43 degrees 10 minutes 57 seconds West a distance of 48.11 feet; THENCE, departing said top of bank South 17 degrees 04 minutes 45 seconds East a distance of 85.86 feet to the southeasterly top of bank of said creek; THENCE, South 21 degrees 49 minutes 50 seconds East along the southeasterly top of bank a distance of 51.02 feet to the beginning of a non -tangent curve to the right having a radius of 1,572.00 feet; THENCE, departing the southeasterly top of bank and along said curve to the right through a central angle of 04 degrees 19 minutes 29 seconds, an arc distance of 118.66 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 118.63 feet to a point for comer; THENCE, South 53 degrees 24 minutes 02 seconds West a distance of 50.00 feet to a point for comer, THENCE, South 35 degrees 06 minutes 11 seconds East a distance of 79.67 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap on the platted northwesterly line of Kirkwood Hollow Phase I, an addition to the City of Southlake, as recorded in Cabinet A, Slide 4537 of the Deed Records of Tarrant County, Texas, and being on the northeasterly right-of-way line of Kirkwood Boulevard; THENCE, South 56 degrees 24 minutes 01 seconds West along the platted northwesterly line of said Kirkwood Hollow Phase I and an extension thereof a distance of 198.41 feet to point for comer in the centerline of South Fork Kirkwood Branch; THENCE, generally along the centerline of said branch the following courses and distances; South 17 degrees 28 minutes 39 seconds West a distance of 13.61 feet to a point for comer, South 40 degrees 25 minutes 34 seconds West a distance of 38.10 feet to a point for comer, South 26 degrees 58 minutes 38 seconds West a distance of 25.77 feet to a point for comer, South 02 degrees 00 minutes 59 seconds West a distance of 29.72 feet to a point for comer, South 69 degrees 47 minutes 31 seconds West a distance of 22.44 feet to a point for comer, JASwve,t2s lP '%wpk 3I28NDY.doc 5 OF S S/9" LAMYDOMORMCn.SM480-313.DOC t Page 13 1 - EXHIBIT "A" South 84 degrees 36 minutes 18 seconds West a distance of 26.95 feet to a point for corner, South 53 degrees 15 minutes 40 seconds West a distance of 22.56 feet to a point for comer, South 25 degrees 06 minutes 35 seconds West a distance of 37.90 feet to a point for comer, South 07 degrees 01 minutes 26 seconds East a distance of 29.93 feet to a point for corner; South 00 degrees 53 minutes 14 seconds East a distance of 31.56 feet to a point for comer, South 19 degrees 28 minutes 57 seconds West a distance of 14.92 feet to a point for corner, South 59 degrees 39 minutes 56 seconds West a distance of 33.26 feet to a point for corner; North 65 degrees 23 minutes 25 seconds West a distance of 50.64 feet to a point for corner; South 76 degrees 18 minutes 39 seconds West a distance of 54.62 feet to a point for corner, North 39 degrees 23 minutes 55 seconds West a distance of 28.52 feet to a point for comer, North 80 degrees 25 minutes 36 seconds West a distance of 16.87 feet to a point for corner, North 76 degrees 53 minutes 30 seconds West a distance of 38.04 feet to a point for corner; North 43 degrees 26 minutes 30 seconds East a distance of 16.71 feet to a point for comer; North 62 degrees 48 minutes 05 seconds East a distance of 25.48 feet to a point for comer, North 03 degrees 15 minutes 56 seconds West a distance of 20.42 feet to a point for comer, North 47 degrees 33 minutes 51 seconds West a distance of 25.63 feet to a point for comer, North 57 degrees 28 minutes 08 seconds West a distance of 26.66 feet to a point for corner; South 70 degrees 01 minute 26 seconds West a distance of 18.54 feet to a point for corner; South 37 degrees 59 minutes 12 seconds West a distance of 30.91 feet to a point for corner; South 09 degrees 24 minutes 11 seconds West a distance of 8.82 feet to a point for comer, South 51 degrees 22 minutes 17 seconds West a distance of 41.55 feet to a point for comer, South 32 degrees 44 minutes 12 seconds West a distance of 23.43 feet to a point for comer, South 53 degrees 10 minutes 04 seconds West a distance of 44.67 feet to a point for comer, 1, SweyQ512'".VC5128NDY. Joe 6 OF8 11 f LACr YDOONORDTASM480.313.DOC Page 14 EXHIBIT "A" South 66 degrees 26 minutes 53 seconds West a distance of 31.90 feet to a point for comer; South 45 degrees 09 minutes 44 seconds East a distance of 17.42 feet to a point for comer; South 76 degrees 54 minutes 57 seconds East a distance of 36.92 feet to a point for comer, South 20 degrees 45 minutes 22 seconds West a distance of 40.45 feet to a point for comer; South 30 degrees 23 minutes 01 second West a distance of 72.88 feet to a point for comer, South 53 degrees 13 minutes 24 seconds West a distance of 99.78 feet to a point for corner, South 62 degrees 06 minutes 48 seconds West a distance of 87.11 feet to a point for corner, South 58 degrees 29 minutes 32 seconds West a distance of 51.51 feet to a point for comer, North 85 degrees 07 minutes 51 seconds West a distance of 53.55 feet to a point for comer, South 76 degrees 52 minutes 54 seconds West a distance of 38.97 feet to a point for comer, North 67 degrees 16 minutes 38 seconds West a distance of 56.75 feet to a point for comer, South 55 degrees 38 minutes 19 seconds West a distance of 11.38 feet to a point for comer on the proposed easterly right-of-way line of State Highway No. 114; THENCE, along the proposed easterly right-of-way line of State Highway No. 114 as follows: North 36 degrees 32 minutes 05 seconds West a distance of 147.32 feet to a Texas Highway Department concrete monument, found; North 47 degrees 50 minutes 42 seconds West, a distance of 101.98 feet to a Texas Highway Department concrete monument, found; North 36 degrees 32 minutes 04 seconds West, a distance of 500.00 feet to a Texas Highway Department concrete monument, found; North 32 degrees 14 minutes 44 seconds West, a distance of 200.56 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; North 36 degrees 32 minutes 05 seconds West, a distance of 199.81 feet to a Texas Highway Department concrete monument, found; North 42 degrees 14 minutes 23 seconds West, a distance of 201.18 feet to a Texas Highway Department concrete monument, found; J"SWwy1?31'_'04-r25129NDr doe 7 OF 8 95M LACMDOMORDTAS ETASO-313. DOC Pagp 15 EXiEBIT "A" North 36 degrees 3' minutes 05 seconds West, a distance of 702.91 to a 5/8 inch iron rod set with "Huitt-Zollars" cap on the existing ea-sterly right-of-way line of State Highway No. 114: THENCE, along the existing easterly right-of-way lure of said highway as follows: North 18 degrees 59 minutes 38 seconds West, a distance of 112.97 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; North 32 degrees 06 minutes 29 seconds West, a distance of 430.57 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap; North 29 degrees 36 minutes 27 seconds West, a distance of 232.63 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap at the beginning of a curve to the left; Along said curve to the left, with a central angle of 06 degrees 26 minutes 28 seconds, a radius of 1,452.40 feet, an arc distance of 163.28 feet, a long chord that bears North 32 degrees 49 minutes 41 seconds West, a distance of 163.19 feet to a 5/8 inch iron rod found with "Huitt-Zollars" cap at the beginning of a reverse curve to the right; Along said curve to the right, with a central angle of 99 degrees 18 minutes 20 seconds, a radius of 90.00 feet, an arc distance of 155.99 feet, a long chord that bears North 13 degrees 36 minutes 16 seconds East, a distance of 137.18 feet to the POINT OF BEGINNING and CONTAINING 154.8 acres of land, more or less. 1.,Srver2.5LV4*,pkn 12BNDY. Ooc 8 of R YSN'1 LACITYDOCSIORDTASFS 480.313. DOC Page 16 EXHIBIT "B" a Ry° g C:L) �- o ��p grZk �e N Fo Q y ti7° � �tl r CL U m4 • �t! ao F s edst$gS fd.lynS N�� a€i W LL�pKN q r ?Fa M b�0 a o® z T tau gnu J�•O y�iy ���C q lid .� '�a• � � a�j- ° s K ,�e•� �1g_ �F , _ , ,ram ' ; .�� l'1, \ �§ e•'' yx4i §=3 yx;f too {. 11 7 q'. 2 y 5W u INN, 17 a kF�Fir LACITY DOGS\ORD\CASES\480-313.DOC Page 17 EXHIBIT "B" Exhibit "B" to Ordinance No. 480-313 PUD Development Standards SABRE Non Residential Planned Unit Development ALL INFORMATION CONTAINED HEREIN SHALL SET FORTH THE PERMITTED USES AND APPLICABLE DEVELOPMENT REGULATIONS FOR THE PROPERTY, AND THIS DOCUMENT SHALL HEREBY BE DEEMED ENFORCEABLE IN ITS ENTIRETY. 1. PURPOSE. A. The purpose of this SABRE Non Residential Planned Unit Development Ordinance No. 480-313 is to facilitate the development of a high quality, controlled access, master planned headquarters for a major corporate user such as a "Fortune 500" company. The PUD includes approximately 154.8 acres as described on Exhibit "A" to the PUD and as shown on the Concept Plan attached as Exhibit "B-1" hereto. B. It is anticipated that the Property will be developed as a secure (i.e., controlled access) "campus style" corporate headquarters. Security may include a full perimeter fence with a combination of attended or automatic access controls. Emergency access will be provided as required by the City's Fire Marshal. Access design will include adequate areas to accommodate vehicles that inadvertently approach the Property and must turn around without entering. C. It is anticipated that the Property wil! be developed to include a private boulevard designed to the City's construction standards for an "A41) arterial" with the exceptions that (i) landscape medians may be left natural rather than irrigated; (ii) the six-foot bike lane will not be required: (iii) the City's driveway ordinance will not apply; and (iv) the design speed and aeometry will be determined by the Property owner consistent with the "campus style" atmosphere of the development (with a minimum design speed of 25 mph). The details of private street design (including design speed, geometn-, and access to public streets) will be provided as part of each site plan. Maintenance of the private streets (to public street standards) will be the sole responsibility of the Property owner. D. It is anticipated that a portion of existing Kirkwood Boulevard (from SH-114 to the boundary of the Property) and a portion of existing T.W. King Road (that lies between the Property and Tract 2 of the MTP-IBM Addition No. 1) will both be abandoned and closed for public use after the first phase of the development is ready for occupancy. Notwithstanding the foregoing, however, continued access to such closed streets by Trophy Club's and the City's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" T.W. King Road. Such emergency access will be the same as required by the City's Fire Marshal. Public use of "old" T.W. King Road west of said Tract 2 will continue. E. The primary access from the Property to public streets will be provided by the private streets shown on the Concept Plan; however, no employee access shall be permitted through the access road to White Chapel Road. Emergency (including police, fire, ambulance, and utilities) and security access to the Property may be provided by the access road to White Chapel Road (also shown on the Concept Plan). It will also be necessary to use the White Chapel access road for construction access fora limited period of six months after the first to occur of (i) the issuance Net I Zoning Case No. ZA99-056 Final Standards — 8.9.9�, 0 11907.00005:043504-, A 4 LAMY DOMORDTASFSW80-313.DOC Page 18 EXHIBIT "B" by the City of a building permit for the first phase of the office development or (ii) the issuance by the City of a building permit for the bridge over the North Kirkwood Branch. This time period may be extended by the City Council, in its reasonable discretion, upon a showing that an extension is necessary due to circumstances beyond the reasonable control of the Property owner. The Property owner agrees to commence construction of the North Kirkwood Branch bridge on or before the date it commences construction of the first phase of the office development. F. The Property will be developed to include the dedication to the City of approximately 3.61 acres for a public park along the southeastern boundary of the Property adjacent to the South Fork of Kirkwood Branch (as shown on the Concept Plan). The dedication will reserve the right (but not the obligation) to maintain and landscape such park area at the Property owners expense and the right to review the design of any improvements to be located or constructed within such park area. The Property owner will be responsible for the reasonable costs and expenses to (i) complete the engineering design of a trail within the dedicated park area and (ii) design and construct a pedestrian bridge within the dedicated park area to provide access across the South Kirkwood Branch. The City will include such park dedication in its regional trail system plan, and (except as provided above) the City will be responsible for the construction and maintenance of all improvements. All improvements will be designed to take maximum advantage of the natural topography and to minimize the impact on all trees. G. It is anticipated that the Property will he developed to include open space amenities for employees, visitors and customers such as trails, parks and other pedestrian -oriented areas. These amenities will be designed to take maximum advantage of the natural topography of the Property and to minimize the impact on all trees. These amenities will also be designed to be architecturally compatible with both the natural environment in which they are located and the buildings they serve. Details regarding these amenities will be provided as part of each site plan. Because these amenities serve only "private" development within the Property, a formal Pedestrian Access Plan is not required. H. In addition to open space amenities for employees, visitors and customers, the Concept Plan identifies Natural Areas around the full perimeter of the Property. These Natural Areas. together with the dedicated parkland, will buffer the Property from adjacent development. 2. DEFINITIONS. For purposes of this SABRE Non Residential Planned Unit Development, the following terms are hereby defined: A. "Applicable City Ordinances" means the ordinances of the City, as amended, that regulate the development and use of land within the City including, but not limited to, Zoning Ordinance No. 480 and the Uniform Building Code. _ B. "Buildable Area" means all of the following areas (as shown on an approved final plat or approved site plan): (i) the "footprint" of each building or structure, (ii) the area within six feet of each building or structure foundation, (iii) public and private rights -of -way, (iv) public and private utility and drainage easements, (v) fire lanes, and (vi) all parking areas (including parking areas that exceed required parking). C. "City" means the City of Southlake• Texas D. "Concept Plan" means the concept plan attached as Exhibit B-1 to the PUD Paoe_' L:\CITY DOCS\ORD\CASES\480-3I3.DOC Page 19 Zoning Case No. ZA99-056 Final Standards — 8.9.99 011907,00005:043504 i.15 EXHIBIT "B" E. "Natural Area" means those areas (as shown on the Concept Plan) that will be preserved as permanent open space to buffer the Property from adjacent development. F. "Property" means the real property described on Exhibit A to the PUD. G. "PUD Standards" means the development standards established by Exhibit B to the PUD. H. "PUD" means this SABRE Non Residential Planned Unit Development zoning district, Ordinance No. 480-313, including Exhibits A (legal description), B (these PUD Standards), and 13-1 (the Concept Plan). Except as defined above, all terms used in this PUD shall have the meaning given to them by the Applicable City Ordinances. 3. DEVELOPMENT STANDARDS. The requirements of this Exhibit "B" (including the Concept Plan) constitute the PUD Standards that apply to the Property and pursuant to which all development within the Property shall occur. To the extent any aspect of development is regulated by these PUD Standards, it is the intent that these PUD Standards shall be exclusive. For example, the landscape standards set forth herein shall be the only landscape standards that apply to the Property. If these PUD Standards do not regulate a particular aspect of development, then such particular aspect of development shall be regulated by reference to those provisions of the Applicable City Ordinances that would otherwise apply to the "0-2 Office" zoning district, as amended. In the event of any conflict. inconsistency or ambiguity between the PUD Standards and the Applicable City Ordinances, the PUD Standards shall control. If an amendment to any Applicable City Ordinance results in any non -conformity within the Property, such non -conformity may be continued indefinitely, as a matter of right, and shall be treated (for all purposes) as a legal use of the Property to the same extent as if the non -conformity had never existed. 4. CONCEPT PLAN. The PUD is being processed with the Concept Plan attached hereto as Exhibit "13-1" and incorporated as part of the PUD for all purposes. The Concept Plan identifies (i) specific Natural Areas within which development is restricted, (ii) the approximate location of major private streets. and (iii) the area within which parking structures will most likely be located. The remainder of the Property will be available for development in accordance with these PUD Standards and the Applicable City Ordinances. All development within the Property must be consistent with the Concept Plan. In the event of any conflict or inconsistency between the PUD Standards and the Concept Plan, the PUD Standards shall control. Except as provided below, substantive changes to the Concept Plan shall be considered a zoning change to the PUD and shall be processed and approved in accordance with the Applicable City Ordinances. Notwithstanding the foregoing, however, the exact configuration of the private streets shown on the Concept Plan may be changed to accommodate the final design speed and geometry selected by the Property owner without such change constituting a zoning change to the PUD. Any such change based on the final selected design speed and geometry shall be provided as part of each site plan. Information contained on the Concept Plan that applies to land outside the Property isnot part of the PUD and is provided for informational purposes only. 5. DEVELOPMENT PLANS. The development of each portion, section or phase of the Property must be in accordance with a development plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of development plans, and there shall be no minimum area for a development plan. Except as hereinafter provided, development plans shall not require additional or updated traffic impact analyses unless the cumulative total floor area proposed for development within the Propem has exceeded the maximum floor area assumed in the original traffic impact analysis that was Paoe 3 Zoning Case No. ZA99-056 Final Standards — 8.9.99 011907.00005:043504- 4 L:\CITY DOCS\ORD\CASFS\480-313.DOC Page 20 EXHIBIT "B" submitted with the application for the PUD. Notwithstanding the foregoing, however, if the original traffic impact analysis does not address full build -out or does not include traffic conditions for interim phases of development, then the City may require an updated traffic impact analysis with each development plan. Once approved, a development plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept and then constructed in phases.- The City recognizes that it is not feasible and is unrealistic to require a highly detailed development plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. The PUD, which is based on the Concept Plan, reflects only zoning approval of a basic concept and may not be implemented until full development plan approval for each portion, section, or phase has been granted; however, the approval of the Concept Plan entitles owners of the Property to rely on, and implement by subsequently approved development plans, the type, intensity, and density of uses set forth in the approved Concept Plan. Each development plan must be in substantial conformance with the approved Concept Plan. Amendments to approved development plans shall be reviewed by the Administrative Official and, if deemed to be in substantial conformance with the approved development plans, shall be processed and approved in accordance with all Applicable City Ordinances; otherwise, such amendments shall be processed as a zoning change to the PUD. 6. SITE PLANS. The development of each portion, section or phase of the Property must be in accordance with a site plan that has been processed and approved for such portion, section or phase in accordance with all Applicable City Ordinances. There shall be no phasing or timing requirement for the submission of site plans, and there shall be no minimum area for a site plan. Except as hereinafter provided, site plaps shall not require additional or updated traffic impact analyses unless the total cumulative floor area proposed for development of the Property has exceeded the maximum floor area assumed in the original traffic impact analysis that was submitted with the application for the PUD. Notwithstanding the foregoing, however, if the original traffic impact analysis does not address full build out or does not include traffic conditions for interim phases of development, and if an updated traffic impact analysis was not required as part of the approved development plan, the City may require an updated traffic impact analysis with each site plan. Once approved, a site plan shall not have an expiration date. This approach is designed and intended to allow a large development to be approved in concept. to then have development proceed though a series of phased development plans, and finally to have construction proceed through a series of phased site plans. The City recognizes that it is not feasible and is unrealistic to require a highly detailed site plan to be completed on a very large project when it is recognized that the project will be constructed in sections or phases over several years. Each site plan must be in substantial conformance with the approved development plan. Amendments to approved site plans shall be reviewed by the Administrative Official and, if deemed to be in substantial conformance with the approved site plans, shall be processed and approved in accordance with all Applicable City Ordinances; otherwise, such amendments shall be processed as a zoning change to the PUD. 7. USES. - A. Permitted Principal Uses. 1. The intent of this PUD is to permit the broadest range of "high-tech" uses to accommodate future technology changes in the fields of computer technology, information technology, data and information processing, and all services related thereto. The City recognizes, however, that future technology changes may occur beyond those that can be described in the PUD Standards. The Administrative Official of the City shall be authorized to interpret the following uses to accommodate future technology changes so as to achieve the intent of the PUD. Page 4 LACITY DOMORDICASFS4803I3.DOC Page 21 Zoning Case No. 7-499-056 Final Standards - 8.9.99 0 11907.00005:043 504' . I ; EXHIBIT "B" 2. The PUD shall permit those principal uses set forth in the "0-2." Office District, Section 19, of the Comprehensive Zoning Ordinance, as amended. 3. The PUD shall also permit "parking structures" and "private streets/allevs/drives (including gated/restricted access entry points" as principal uses. 4. The PUD shall also permit "hotel" and "restaurant (with or without outside dining)" as principal uses if approved by a Special Use Permit pursuant to Section 45 of the Zoning Ordinance, as amended. 5. The PUD shall also permit the following additional principal uses; subject, however to the condition that no certificate of occupancy shall be issued for any of such additional principal uses until at least 400,000 square feet of office space within the Property is occupied and being used as a corporate headquarters: • Communications facility, including, but not limited to, facilities that utilize satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, and all related hardware, software and services. All satellite dishes, antennas, radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon (and none of such equipment may be sold or leased to third parties outside the PUD). All such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment (including screening. as applicable) will be provided with each site plan. • Computer technology facility (including, but not limited to, facilities for research. development, marketing, sales and service, leasing/rental, maintenance and repair. distribution, and warehouse/storage of computer hardware, software, and related services). • Conference center. • Data/information processing center. • Information technology facility, including, but not limited to, facilities for research, development, marketing, sales and service, leasing/rental, maintenance and repair, distribution, and warehouse/storage of information technology hardware, software, and related services. • Training center. B. Accessory Uses. All accessory uses (including those described in subsections I and 2 below) must be operated principally for the development of or use of the Property as a corporate headquarters and must be operated principally to serve or benefit tenants, employees, guests. visitors and customers within the Property. The PUD shall permit those accessory uses set forth in Section 34 of the Zoning Ordinance, as they apply to the "0-2", Office District, as amended. Except as otherwise provided by these PUD Standards, accessory uses must comply with Section 34 of the Zoning Ordinance, as amended. In addition, the following accessory uses shall be permitted: Covered pedestrian walkways. Footbridges (designed to meet minimum NCTCOG standards). Pa:e 5 LACITY DOCS\ORD\CASES\480-313.DOC Page 22 Zoning Cue No. ZA99-056 Final Standards - 8.9.99 011907.00005:043504-,. t 5 EXHIBIT "B" • Communication equipment, including, but not limited to, satellite dishes, antennas, radio towers, fiber optic lines, telecommunications equipment, etc. All satellite dishes. antennas, radio towers, and similar communication equipment must be solely for use by the owners of the Property and occupants or users of the improvements located thereon (and none of such equipment may be sold or leased to third parties outside the PUD). All such equipment must be located within buildings or structures; or, if located outside a building, must be screened from view from all public roads. The location of all such equipment (including screening, as applicable) will be provided with each site plan. • Utilities (including, but not limited to, utility buildings and structures, utility distribution lines, utility shop and storage, electric transformers, electric substations, telephone, electric, cable, and fiber optic switching stations, water and sewage pumping stations (above and below grade), water storage tanks and pumping systems (elevated or above grade), and water, sewer, electric, and gas meters). 1. Accessory Uses Within Principal Use Buildings. The following accessory uses shall only be allowed within the same building as a permitted principal use without regard to the floor area of such accessory uses: • Banks and financial institutions (including ATMs). • Beauty parlor/barbershop. • Day nursery or equivalent child care facility. • Drug store. • Specialty retail. • Health club/gymnasium. • Job printing, lithography, printing, or blueprinting. • Laundry/dry cleaning (drop/pick). • Mailing service (private). • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Newsstand. _ Post office (governmental). • Printing, engraving and related reproductive services. • Quick copy/duplicating services. • Recycling collection and/or storage. • Restaurant, cafe, cafeteria, or dining facility (with or without outside dining). • Security guard quarters. • Shoe repair. • Stationery and/or book store. Pate 6 LACITY DOMORDTASESW80-313.DOC Page 23 Zonin g Caic No. ZA99-056 Final standards — 8.9.99 01190 7.0000 5 :04 3 5 04 7.15 EXHIBIT "B" • Temporary residential accommodations for employees/customers/visitors (maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Warehouse/storage (inside). 2. Accessory Uses on Separate Building Sites. The following accessory uses shall be allowed on a separate building site without regard to the floor area of such accessory uses; provided, however, none of the following accessory uses shall be allowed as a principal use. In addition, no certificate of occupancy shall be issued by the City for any of the following accessory uses until (i) certificates of occupancy have been issued by the City for one or more principal use buildings that contain (in the aggregate) at least 400,000 square feet of floor area; and (ii) at least 400,000 square feet of such principal use floor area are occupied and used as a corporate headquarters. • Community facilities uses: a. private parks; b. recreational and open space to include playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, nature centers, bird and wildlife sanctuaries, pedestrian paths, bicycle paths, and equestrian bridal trails; C. athletic, health, and sport facilities to include gyms, aerobic centers, spas, swimming pools, athletic fields, and sport/tennis courts; and d. other uses of a similar nature and character • Day nursery or equivalent child care facility. • Health club/gymnasium. • Heliport/verti-port or helistop/verti-stop (the "facility") subject to the following conditions: a. A maximum of one helistop/verti-stop or one heliport/verti-port shall be permitted within the Property. b. The maximum number of take -offs and landings shall be limited to a cumulative total of 120 trips per calendar year (with a "trip" being defined as either one take -off or one landing). The Property owner shall keep records of the trips which the City _ may review at any time. C. The facility must be located at least 1.000 feet from (i) any residentially zoned lot and (ii) any land located outside the Property and designated for single family use on the City's Comprehensive Land Use Plan. d. The facility must be limited to use by the owners of the Property and occupants or users of the improvements thereon. e. Operation of the facility is subject to all applicable FAA requirements and approvals. Pa,e 7 LACITY DOMORDTASEM410313.DOC Page 24 Zoning Case No. ZA99.056 Final Standards — 8.9.99 01 1907.00005:0435047.15 EXHIBIT "B" f• The Property owner shall designate flight paths (on the applicable development plan or site plan) which do not result in the overflight of residential areas. Q. If the proposed flight path will result in the overflight of any residential areas, the Property- owner shall be required to obtain a specific use permit ("SUP") to operate the facility. The SUP may be approved subject to conditions, including a limitation on hours of operation. h. The Property owner shall notify the Federal Aviation Administration ("FAA") in writing that the facility is "private" and not available for any public use. i. The City Council may terminate use of this facility if the FAA (or any other federal governmental authority) takes any action which would preempt, or otherwise render invalid or ineffective, the take -off and landing flight path limitations set forth in paragraph (f) above. • Maintenance equipment storage (outside/screened). Such storage shall be limited to use by the owners of the Property and occupants or users of improvements located thereon. No storage will be provided to any person or business located outside the Property. • Maintenance vehicle fueling and service. • Medical care facility/clinic. • Restaurant, cafe, cafeteria, or dining facility (with or without outside dining). • Temporary residential accommodations for emplo}'ees.'customers/visitors (maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited). • Temporary construction materials storage (for each phase of development. limited to the time during which active construction is ongoing and for a period of 30 days thereafter). • Temporary construction office (for each phase of development, limited to the time during which active construction is ongoing and for a period of 30 days thereafter). 8. DEVELOPMENT REGULATIONS. A. Height 1. Buildings. Except as provided below, (a) no principal use building shall exceed six (6) stories above grade, nor shall it exceed ninety (90) feet in height; and (b) no accessory use building shall exceed three (3) stories above grade, nor shall it exceed forty-six (46) feet in height. Z. Structured Parking. Except as provided below, no parking structure shall exceed six (6) levels above grade, nor shall it exceed sixty (60) feet in height. Page S L:\CITY DOCSMORD\CASEY480-313.DOC Page 25 Zoning ('ase Vo. ZA99-0�6 Final Standards — 8.9.99 r) 11907.00005:0435047. 15 EXHIBIT "B" 3. Architectural Features. Architectural features (i.e.. portions of buildings or structures not intended for occupancy) which are integral to the architectural style of the building or structure (including spires, belfries. towers, cupolas, domes, feature walls and similar features) shall not exceed fifty (50) feet above the height of the building; if freestanding, thev shall not exceed one hundred forty (140) feet in height; and both (i.e., roof -mounted and freestanding architecture features) shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h) of the Zoning Ordinance. 4. Special Equipment. Mechanical equipment, penthouses, ventilation equipment, satellite dishes, antennas, cooling towers, and other similar equipment shall not exceed the actual height of the building by more than twenty-five (25) feet, must be screened. must be integral to the building, and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h) of the Zoning Ordinance. 5. Pitched Roofs. The height of a building (regardless of building size) with sloped or pitched roofs shall be measured to a point 15 feet above the highest occupied floor level. The high point of the sloped roof may exceed the height limitations set forth above (i.e., maximum ninety (90) feet) by up to thirty-five (35) feet to allow up to a maximum height of one hundred twenty-five (125) feet and shall be subject to the 4:1 residential proximity slope requirement contained in Section 43.13(h) of the Zoning Ordinance. All measurements shall be from grade, as defined by Ordinance No. 480, Section 4.2. B. Setbacks 1. Front Yard. Except as provided below, the minimum front vard setback shall be 30 feet; however, up to 10% of the area of any building fagade may extend up to 15 feet into any required front yard to accommodate building articulation design requirements. Only ground -level, non -structured parking for short term visitor and customer parking shall be allowed in required front yards. No front vard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. Side Yard. Except as provided below, there shall be no minimum side yard setback. No side yard adjustments shall be required to achieve consistency or compatibility with surrounding or future public development. 3. Rear Yard. Except as provided below, the minimum rear yard setback shall be 10 feet. 4. Residential Proximity Setbacks. Notwithstanding the minimum setbacks set forth above, where a non single family residential building lies within 400 feet of a single family residential property, as defined in Zoning Ordinance No. 480, Section 43.12, the non single family residential building shall comply with the setback requirements of Zoning Ordinance No. 480, Section 43.13h. 5. S.H. No. 114. Notwithstanding the setbacks set forth above. the minimum setback along SH- l l4 shall be 50 feet. 6. Projections. Every Dart of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices. and ornamental features not exceeding 48 inches. Page 9 U CITY DOMORMCASFS'480-313.DOC Page 26 Zoning Case No. ZA99-056 Final Standards — 8.9.99 r,1 1 W 00005:04. 504- 15 EXHIBIT "B" 7. Accessory Buildings. Accessory buildings may be located anywhere within the Property (but not within any required setback). S. Measurement of Setbacks Adjacent to Private Streets. Setbacks shall apply to all private streets within the Property and shall be measured from the right-of-way line (whether established by platted lot, easement, or other instrument). C. Maximum Lot Coverage. The maximum lot coverage for all buildings (excluding parking structures) shall not exceed 50% of the total area of the Property. D. Maximum Impervious Coverage. The maximum impervious coverage shall not exceed 65% of the total area of the Property. E. Floor Area. There shall be no maximum floor area ratio for any improvements; however, the maximum total floor area within the Property (being the combination of floor area for all principal uses and accessory uses but excluding parking structures) shall be limited to 3.5 million square feet. There shall be no minimum floor area for any individual shop. store, business, or other use or any minimum floor area for any separate building or structure. 9. PARKLVG/LOADING. A. Parking Spaces Required. At least one parking space shall be provided for each 300 square feet of "principal -use" floor area developed within the Property. No additional spaces shall be required for any accessory use floor area. B. Location of Parking Spaces. All required parking spaces shall be located within the Propem; however no parking shall be allowed within the Natural Areas shown on the Concept Plan. C. Parking Space Size. All parking spaces shall be at least 8'/- feet wide and 18 feet lone. Structural columns within an; parking structure may project into the perimeter of "head -in" parkin_ spaces up to one half the cross -sectional area of the column. D. Off -Street Loading/Service Areas. At least one off-street loading/service area shall be provided for each 200,000 square feet of "principal -use" floor area developed within the Property. No additional area shall be required for any accessory use floor area. Development of the Property as a private, campus -style corporate headquarters offers an opportunity to consolidate loading and service functions within one or more buildings or one or more locations. Such consolidated locations minimize the need for multiple loading/service areas and isolate large truck traffic to a few selected locations within the campus. Smaller scale, distribution is then permitted. The location of such consolidated areas will be shown on all site plans. 10. ARCHITECTURAL STANDARDS. A. Building Materials: Masonry Requirements. Buildings within the Property may be constructed of a variety of different building materials, and there shall be r.o minimum masonry requirement. Building materials shall include masonry materials, as defined in Ordinance No'. 557, architectural concrete, architectural metal panels. glass, and other similar materials. Pre -cast concrete panels (including "tilt -wall") may be used for accessory -use maintenance buildings that are not visible from public rights -of, way. In addition, the facade of any parkin_ structure that is Page 10 L:\CITY DOCS\ORDICASES\580-313.DOC Page 27 Zonin¢ Case No. L199-046 Final Standards - 8.9.99 01 1907 00005:043504- 1; EXHIBIT "B" visible east of the park dedication land shown on the Concept Plan shall iif constructed �f architectural concrete) include an architectural treatment (e.a.. texture. color. relief. or detail t. B. Reflective Glass. .Anv individual building facade may be 100% class; however, no more than 80% of the total facade area of all buildings within the Propem shall be glass. i,e maximum outward solar reflectivity of glass used shall be 35%. C. Facade Articulation. It is the intent of this PUD to comply with the spirit and intent of the City's requirement for building facade articulation standards; however, it is also the intent of this PCD to avoid the imposition of a rigid mathematical formula to achieve such articulation. Consequently, this PUD does require that building facades include design articulation that will be approved with each site plan. Facade articulation may be achieved for individual buildings through a combination of design techniques including, but not limited to, projections, overhangs. and incisions/cuts. Facade articulation may also be achieved by considering the effect of (i) the location of one building to another, (ii) the manner in which buildings are grouped. and (iii) variations in architectural surface treatments such as color, texture, relief, and detail. The facade articulations standards for parking structures will differ somewhat from the standards for office buildings because of their intended use (i.e.. storing cars), reduced design flexibility. and the fact that visibility of such structures from SH-1 14 will be minimal (with no visibility of such structures during any but the very last phases of development). D. Exposed Structural/Architectural Columns. Structural concrete or steel elements ma% remain exposed if given some architectural treatment (e.g., color, texture, relief, or detail). E. Roof Design Standards. All structures shall be constructed with either a pitched roof. flat roof with a parapet. mansard roof, or any combination thereof. All flat roof surfaces will be screened from ground level views. Parking structure decks shall not be considered roofs. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roorin2 design standards so long as they are not be visible from ground level. 11. SCREENnG. The fol!o%%ing improvements shall be screened from view from public right_ -,:- way located outside the Property: mechanical equipment. rooftop appurtenances. satellite dishes. antennas, radio towers, outside storage, trashirecyclina receptacles. and off street load ing%service areas. No screening shall be required from any rights -of -way within the Propem, and no screening shall 'e required for any surface parking lots or for any parking structures, except as required by Section 1-.A hereof. Screening shall be accomplished with masonry, dense landscaping, or any combination thereof. 12. LA-\-DSCAPE STANDARDS. The size of the Property, the "campus -style" development being proposed, the utilization of parking structures to minimize surface parking, and the requirement for at least 35% pervious cover will create a developed site with vast areas of open space that will include existing, natural vegetation, including thousands of mature trees. Consequently, there is no need for narrow buffer ards (and the related planting requirements) typically required for much sma''e- commercial sites. Nevertheless, in addition to the natural vegetation and trees that will be preserved. additional landscape standards are required for (i) the Natural .Areas shown on the Concept Plan. (ii) interior landscape areas based on building size, and (iii) parking island landscaping for surface parking lots. The interior landscape area requirements and parking island requirements are very similar to the City's existing requirements; however, more liberal planting credits are allowed for enhanced pa% ing and to preserve existing trees. Such credits are appropriate for a campus -style development and .%ill strongly encourage retaining natural tree groupings and trees near future building sites. Such credits '.till also simplify and reduce the maintenance costs associated with large areas of smal! shrubs and ground cover. Ps__e I f Zoning Case �0. ZA49-O46 =inai Standards —d = �0' 0000°.03;i -- L:\CITY DOCS\ORD\CASES'480-313.DOC Page 28 EXHIBIT "B" A. Natural Areas. The Concept Plan Identifies Natural Areas up to 50 feet wide and larger that virtually encircle the Property. These Natural Areas will be preserved as permanent open space, and, together with the park dedication, will buffer the Property from adjacent development. With the exception of small security structures (i.e.. "guardhouses"). no paved surfaces or buildings or structures of any kind may be located within the Natural Areas without size plan approval. The intent is to preserve these areas in a natural, undisturbed condition; however. additional landscaping may be planted within them at the option of the Property owner. Natural Areas may be irrigated or left natural. B. Interior Landscape Areas. Subject to the reductions set forth below, the amount of interior landscape area required within the Property shall be computed based on all buildings (excluding parking structures) within the Propertv, and for each building (excluding parking structures) shall equal 50% of the largest floor area of such building. The following plantings shall be required within the Property based on the interior landscape area as computed above: one canopy tree per 600 square feet; one accent tree per 300 square feet; one shrub (15 inch deciduous or 12 inch evergreen) per 60 square feet; and 10% of such interior landscape area must be planted as ground cover. These required plantings shall be reduced as follows: I. Existing Plant Credits. Existing trees which are within 250 feet of any building shall reduce the required plantings as follows: Size of Existing Tree Planting Reductions Canopy. Accent Shrubs I "/-_" — 5" caliper I or 2 or 6 6" — 1 1" caliper 2 or 3 or I2 12" and greater 3 or 4 or 18 _' Substitute Plantings. One additional canopy tree may be substituted for 10 shrubs or 500 square feet of ground cover. One additional accent tree may be subs;i meted For tiye shrubs or 250 square feet of ground cover. 3. Enhanced Pavement Credits. For each square foot of enhanced pavement area, the required landscape area shall be reduced by 0.5 square feet, up to a maximum overall reduction of 25%. C. Parking Lot Landscaping. 1. Structured Parking. There shall be no landscaping requirements applicable to parking structures. Surface Parkin. a. Planter Islands. Planter islands shall be provided in all surface parking areas on the basis of 10 square feet of landscape area for each parking space provided. Where reasonably possible, each row of parking spaces shall provide the required landscape area; however, islands may be placed near buildings. throughout the parking area, or at the end of the rows away from buildings. These island requirements may be modified in situations where it would be Pace 1_ L:\CITY DOCS\ORD\CASES`.480-313.DOC Page 29 7unino Cxse \o. ZA"-056 Final Standards — 3 q QQ 01IQ0700005-0 --. z ry EXHIBIT "B" beneficial to combine an awkward or hazardous island into a larger island. Planter islands shall have a minimum -.width of eight feet back-to-back if curbed or nine feet edge -to -edge if no curb is intended. and shall be 18 feet Ions. Planter island landscape areas count towards the total required interior landscape area. b. Existing Trees. The followin,, variations to the planter island requirements shall be permitted to preserve esistins trees. For existing trees. the minimum width of the planter island shall be as follows: 5" caliper or less = 8 foot minimum width 6" — 12" caliper = 12 foot minimum width greater than 12" caliper = 18 foot minimum width C. Planting Requirements. A minimum of 50% of all planter islands shall contain a minimum of one canopy tree (with the remaining area in shrubs, ground cover, grasses, or seasonal color). Planter islands which have light poles for lighting the parking areas may substitute two accent trees for the required canopy tree. At least 50% of all trees must be 4 inch caliper or greater, and the remainder must be nyn inch caliper or greater. 13. FENCLNG. Perimeter fencing visible from SH-114 will be constructed of wrought iron. masonry, other architectural metal, or any combination thereof. Other materials that are architecturally compatible with the buildings visible from SH-114 may also be used if approved by a site plan. Fencing that is not visible from SH-1 14 and that is generally screened by vegetation will be constructed of coated, dark -colored chain link. No fencing articulation shall be required. The details of fence design will be provided as part of each site plan. ` 14. ACCESS CONTROL STRUCTURES. .access control structures that are visible from anv public rights -of -way outside the Property will be constructed of materials that are the same as or substantialh similar to the buildings visible from such rights -of -way. Such structures may also be constructed of any other material that is architecturally compatible with the buildings that are visible. prey ided such other materials are approved or. a site plan. Access control structures that are not visibie from public rights -of -way outside the Property may be constructed of masonry, y%ood, architectural concrete, metal panels, or any combination thereof. 15. PARKS/TRAILS/OPEN SPACE. Except as provided in the Concept Plan, there shall be no other requirements for parks, trails, or public open space. 16. DRIVEWAY REQUIREMENTS. None of the standards or -requirements for driveways included 1n Driveway Ordinance No. 634, as amended, shall apply to the Property unless new driveways are constructed on public rights -of -way. H6weyer. all development plans must include an "on -site" driyewav and driveway -related traffic analysis performed by a professional traffic consultant, which analysis shall demonstrate, to the reasonable satisfaction of the Cin Council. that the driveway design does not create a traffic or safetv hazard. ` 17. TREE PRESERVATION' A. Structured Parkin_. In order to mitigate the impact of large areas of surface parking (and the substantial tree removal that would necessarily result). the Propem will be developed with at least ,%ko multi -level parking structures to accommodate at least 80°0 of the required parkins. The most likely location for the parking structures land the location with the least impact on UCITY DOCS'.ORDICASES',480-313.DOC Page 30 Zoning Case Nu. ZA99-046 Final Standards - 8 v ;�+ °07 0000� 043�04- : EXHIBIT "B" existing tree co%erj is the area identified on the Concept Plan. As provided b% the City's existing Tree Preservation Ordinance, the "footprint" of such parking structures (plus an area within six feet of the foundations) kill be exempt from tree protection and tree replacement requirements. Because the use of parking structures will avoid paying large areas for surface parking. and because there is little design flexibility in the location of such parking structures. efforts to select garage "footprints" that minimize tree removal will not be required. .all parking structures must be screened from Kirk«ood Boulevard by planting at least four canop} trees per 100 linear feet of structure fagade that faces KirkHood Boulevard. B. Other Improvements. As provided by the Cir%'s existing Tree Preservation Ordinance, the Buildable Areas for improvements other than structured parking shall also be exempt from tree protection and tree replacement requirements. Notwithstanding such exemption, however, the Property owner shall use commercially reasonable efforts to identify Buildable Areas in an attempt to minimize the removal of quality trees with a diameter of six inches or greater measured 4!, feet above the ground. Such efforts shall not, however, require significant relocations of individual Buildable Areas or require Buildable Areas to be located so as to significantly alter or adversely affect the relationship of buildings, streets, and other improvements or otherwise significantly alter or adversely affect the overall master planning for development of the Propem. END OF EXHIBIT B - DEVELOP_NIENT STANDARDS Pa,-,- 14 L;tCITYDOCS.ORDICASE 480-313.DOC Page 31 Zoning Cue No. ZA99-04;6 Final Siardards - 8 u OQ ' i 1 190".00005 ; 04 3 504 1