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Item 6B - 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 MTIBM ADDITION NO 1 AN ADDITION TO THE CITY OF SOUTHLAKE ACCORDING TO THE PLAT RECORDED IN VOLUME 388211 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 UP 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 1548 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 02 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 NRPUD Non Residential Planned Unit Development District under the Citys 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 CITY DOCSORDCASFSA80 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 388211 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 UP 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 1548 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 NRPUD 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 heliportstop and verti portstop 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 DOCSORDCASES 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 CITY DOCSORDCASFS480 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 200000 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 313 of the Charter of the City of Southlake L CITY DOCSORDCASESA80313MOC 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 x111 i I 1 I UiAKE NipN C LL O ATTEST CITY SECRETARY PASSED AND APPROVED on the 2nd reading the JO day of 41 d 1999 oW 1 11111 Txxxx ATTEST Jbt A ITY SECRETARY L CITY DOCSORMCASFSA80 313MOC Page 7 APPROVED AS TO FORM AND LEGALITY A a CITY ATTORNEY DATE G a 9 ADOPTED EFFECTIVE L CITY DOCSORDCASFSA80 311DOC Page 8 EXHIBIT A LANI DESCRIPTION TRACT No 2 BEING a tract of land situated in the J B Martin Survey Abstract No 1134 the R D Price SurveyAbstractNo1207WNfedlinSurveyAbstractNo1958andtheUPMartinSurveyAbstractNo 1015 Tarrant County Texas and the W Medlin Survey Abstract No 1588 Denton County TexasandbeingallofLot4BlockAoftheMTPIBMAdditionNo1anadditiontotheCityofSouthlakeTarrantCountyTexasasrecordedinVolume388211Page68and69ofTarrantCountyPlat Records and recorded in Volume G Page 208 of the Plat Records of Denton County Texas and beingaportionofatractoflandasdescribedintheCorrectionSpecialWarrantyDeedtoInternational 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 300ConventStreetCorpasrecordedinVolume12782Page110oftheDeedRecordsofTarrantCountysaidtractbeingmoreparticularlydescribedbymetesandboundsasfollows BEGINNING at a 58 inch iron rod found with HuittZollars cap on the southerly platted rightofwaylineofKirkwoodBoulevardformerlyParkwayBoulevard131footrightofwaysaidironrodbeingatthemostsoutherlysouthwestcomerofsaidMTPIBMAdditionNo1 THENCE along the southerly right ofway line of said Kirkwood Boulevard as follows North 63 degrees 15 minutes 25 seconds East a distance of 3225 feet to a 58 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 141950 feet an arc distance of 60255 feet a long chord that bears North 75 degrees 25minutes02secondsEastadistanceof59804feettoa58inchironrodfoundwithHuitt Zollars cap North 87 degrees 34 minutes 40 seconds East a distance of 13789 feet to a 58 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 13153 feet to a 58 inch iron rod found with HuittZollars cap on theplattednortherlyrightofwaylineofKirkwoodBoulevardandbeingthebeginningofanontangentcurvetotheright THENCE along said curve to the right with a central angle of 73 degrees 12 minutes 27 seconds aradiusof1000feetanarcdistanceof1278feetalongchordthatbearsNorth39degrees0lminutes 39 seconds West a distance of 1193 feet to a 58 inch iron rod found with HuittZollars cap on theeasterlyrightofwaylineofEastTWKingRoadavariablewidthrightofway THENCE along the easterly right ofway line of said East T King Road as follows i S e r Qs csDY d i OF 8 1999 s L CITYDOCS10RUCASES4803t3DOC Page 9 North 02 degrees 25 minutes 20 seconds West a distance of 9563 feet to a 58 inch iron rodfoundtiithHuittZollarscapthebeginningofacurvetotheleft Along said curve to the left with a central angle of 15 degrees 44 minutes 31 seconds a radius of 61000 feet an arc distance of 16760 feet a long chord that bears North 10 degrees 17minutes35secondsWestadistanceof16707feeta58inchironrodfoundwithHuittZollarscap North 18 degrees 09 minutes 51 seconds West a distance of 334 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 47400 feet an arc distance of 45050 feet a long chord that bears North 45 degrees 23minutes30secondsWestadistanceof43373feeta518inchironrodfoundwithHuittZollarscap North 72 degrees 37 minutes 08 seconds West a distance of 40443 feet to a 58 inch iron rod found with HuittZollars 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 40600 feet an arc distance of 38973 feet a long chord that bears North 45 degrees07minutes08secondsWestadistanceof37494feettoa58inchironrodfoundwithHuitt 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 aradiusof140600feetanarcdistanceof22036feetalongchordthatbearsNorth13degrees07minutes44secondsWestadistanceof22013feettoa518inchironrodfoundwithHuittZollarscap THF CE departing the easterly right ofway line of said East TW King Road along the northerlyandeasterlylinesofsaidLot4BlockAthefollowing North 88 degrees 17 minutes 12 seconds East a distance of 8085 feet to a 58 inch iron rodfoundwithHuittZollarscap South 00 degrees 12 minutes 32 seconds West a distance of 22018 feet to a 58 inch iron rodfoundwithHuittZollarscap South 31 degrees 05 minutes 05 seconds East a distance of 5000 feet to a 58 inch iron rodfoundwithHuittZollarscap South 63 seconds 57 minutes 48 seconds East a distance of 35925 feet to a 58 inch iron rodfoundwithHuittZollarscap PSWv9rJITDCwpubUBDYdoc 2 OF8 93d LACITYDOCSIORMCASEryt84313 DOC Page 10 EXHIBIT A South 89 degrees 47 minutes 28 seconds East a distance of 7966 feet to a 58 inch iron rodfoundwithcapinthewestlineofAFOlentractasdescribedbydeedVolume4823Page575DeedRecordsTanCountyTexas South 00 degrees 12 minutes 32 seconds West along the west line of said Olen Tract adistanceof4343feettoafencecomeratthesouthwestcomerofsaidOlentract North 89 degrees 42 minutes 23 seconds East along the south line of said Olen tract a distanceof47925feettoaCorpsofEngineersconcretemonumentfoundforthesoutheastcomerofsaidOlentractthesamebeingthesouthwestcomerofatractoflandasdescribedbydeedtoCRRevelsasrecordedinVolume86Page557DeedRecordsTarrantCountyTexas THENCE along the southerly line of said CR Revels tract the following courses and distances North 89 degrees 50 minutes 38 seconds East a distance of 66005 feet to a Corps of Engineersconcretemonumentfound North 89 degrees 33 minutes 04 seconds East a distance of 113228 feet to a 58 inch iron rodsetwithHuittZollarscap South 01 degree 09 minutes 16 seconds East a distance of 65154 feet to a 34 inch iron rodfound North 89 degrees 56 minutes 04 seconds East a distance of 33316 feet to a 58 inch iron rodsetwithHuittZollarscapinthewesterlyrightoflineoWhiteChapelRoad50feetwiderightofway THENCE along the westerly right ofway of White Chapel Road South 02 degrees 11minutes25secondsEastadistanceof8506feettoa58inchironrodsetwithHuittZollarscapatthenortheasterlycomerofatractoflandasdescribedinSpecialWarrantyDeedtotheCityofSouthlakeasexecutedonApril281998 THENCE South 89 degrees 56 minutes 04 seconds West departing the westerly rightofwaylineofsaidWhiteChapelRoadandalongthenortherlylineofsaidCityofSouthlaketractadistanceof11499feettoa58inchironrodsetwithHuittZollarecapatthenorthwtellycomerofsaidCityofSouthlaketract THENCE South 00 degrees 03 minutes 56 seconds East along the westerly line of said CityofSouthlaketractadistanceof10000feettoa58inchironrodsetwithHuittZollarscapatthesouthwesterlycomerofsaidCityofSouthlaketract THENCE South 06 degrees 07 minutes 22 seconds West a distance of 26321 feet to a 518inchironrodsetwithHuittZollarscap 1lSaY12712N JIZBNDYdoe 3 OF8 39 LICrrYDOCSoRmcAs ESAY 313 DOC Page I 1 EXHIBIT A THENCE South 02 degrees 25 minutes 42 seconds EastinchironrodsetwithHuittZollarscapontho ce of 16037 feet to a 58eeasterBranchYPobankofSouthForkKirkwood THENCE generally along the easterly and southerly top of bank of said creek the following coursesanddistances South 46 degrees 28 minutes 21 seconds East a distance of 8199 feet South 42 degrees 41 minutes 23 seconds West a distance of 9221 feet South 29 degrees 21 minutes 54 seconds West a distance of 10636 feet South 16 degrees 11 minutes 08 seconds West a distance of 14869 South 03 degrees 24 minutes 13 seconds West a distance of 16853 feet South 45 degrees 59 minutes 11 seconds West a distance of 7472 feet South 05 degrees 31 minutes 46 seconds West a distance of 5264 feet South 63 degrees 16 minutes 32 seconds East a distance of 5347 feet South 08 degrees 05 minutes 54 seconds West a distance of 3862 feet South 85 degrees 28 minutes 32 seconds West a distance of 4887 feet South 05 degrees 31 minutes 46 seconds West a distance of 19676 feet South 41 degrees 44 minutes 24 seconds West a distance of 4362 feet South 32 degrees 52 minutes 05 seconds East a distance of 9158 feet South 83 degrees 49 minutes 21 seconds East a distance of 3619 feet North 15 degrees 36 minutes 10 seconds East a distance of 5844 feet South 73 degrees 59 minutes 03 seconds East a distance of 3634 feet South 18 degrees 26 minutes 43 seconds East a distance of 8749 feet South 19 degrees 22 minutes 15 seconds West a distance of 4053 feet South 61 degrees 25 minutes 48 seconds West a distance of 9980 feet South 08 degrees 36 minutes 22 seconds East a distance of 19828 feet WTyEon s12DOYdx yy 4 OF 8 LCDOMORDTASESA30313 DOC Pase12 EXHIBIT A North 70 degrees 42 minutes 42 seconds East a distance of 4708 feet South 22 degrees 16 minutes 43 seconds East a distance of 1287 feet South 32 degrees 05 minutes 51 seconds West a distance of 6069 feet South 30 degrees 18 minutes 36 seconds East a distance of 2712 feet South 43 degrees 10 minutes 57 seconds West a distance of 4811 feet THENCE departing said top of bank South 17 degrees 04 minutes 45 seconds East a distance of 8586 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 5102 feet to the beginning of a non tangent curve to the right having a radius of 157200feet 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 11866 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 11863 feet to a point for comer THENCE South 53 degrees 24 minutes 02 seconds West a distance of 5000 feet to a point for comer THENCE South 35 degrees 06 minutes 11 seconds East a distance of 7967 feet to a 58 inch iron rod set with HuittZollars 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 ofway line ofKirkwoodBoulevard 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 19841 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 1361 feet to a point for comer South 40 degrees 25 minutes 34 seconds West a distance of 3810 feet to a point for comer South 26 degrees 58 minutes 38 seconds West a distance of 2577 feet to a point for comer South 02 degrees 00 minutes 59 seconds West a distance of 2972 feet to a point for comer South 69 degrees 47 minutes 31 seconds West a distance of 2244 feet to a point for comer JASwvet2s lP wpk 3I28NDYdoc 5 OF S S9 LAMYDOMORMCnSM480 313 DOC t Page 13 1 EXHIBIT A South 84 degrees 36 minutes 18 seconds West a distance of 2695 feet to a point for corner South 53 degrees 15 minutes 40 seconds West a distance of 2256 feet to a point for comer South 25 degrees 06 minutes 35 seconds West a distance of 3790 feet to a point for comer South 07 degrees 01 minutes 26 seconds East a distance of 2993 feet to a point for corner South 00 degrees 53 minutes 14 seconds East a distance of 3156 feet to a point for comer South 19 degrees 28 minutes 57 seconds West a distance of 1492 feet to a point for corner South 59 degrees 39 minutes 56 seconds West a distance of 3326 feet to a point for corner North 65 degrees 23 minutes 25 seconds West a distance of 5064 feet to a point for corner South 76 degrees 18 minutes 39 seconds West a distance of 5462 feet to a point for corner North 39 degrees 23 minutes 55 seconds West a distance of 2852 feet to a point for comer North 80 degrees 25 minutes 36 seconds West a distance of 1687 feet to a point for corner North 76 degrees 53 minutes 30 seconds West a distance of 3804 feet to a point for corner North 43 degrees 26 minutes 30 seconds East a distance of 1671 feet to a point for comer North 62 degrees 48 minutes 05 seconds East a distance of 2548 feet to a point for comer North 03 degrees 15 minutes 56 seconds West a distance of 2042 feet to a point for comer North 47 degrees 33 minutes 51 seconds West a distance of 2563 feet to a point for comer North 57 degrees 28 minutes 08 seconds West a distance of 2666 feet to a point for comer South 70 degrees 01 minute 26 seconds West a distance of 1854 feet to a point for corner South 37 degrees 59 minutes 12 seconds West a distance of 3091 feet to a point for corner South 09 degrees 24 minutes 11 seconds West a distance of 882 feet to a point for comer South 51 degrees 22 minutes 17 seconds West a distance of 4155 feet to a point for comer South 32 degrees 44 minutes 12 seconds West a distance of 2343 feet to a point for comer South 53 degrees 10 minutes 04 seconds West a distance of 4467 feet to a point for corner 1 SweyQ512VC5128NDY Joe 6 OF8 11M LACr YDOONORDTASM480313DOC Page 14 EXHIBIT A South 66 degrees 26 minutes 53 seconds West a distance of 3190 feet to a point for comer South 45 degrees 09 minutes 44 seconds East a distance of 1742 feet to a point for comer South 76 degrees 54 minutes 57 seconds East a distance of 3692 feet to a point for comer South 20 degrees 45 minutes 22 seconds West a distance of 4045 feet to a point for comer South 30 degrees 23 minutes 01 second West a distance of 7288 feet to a point for comer South 53 degrees 13 minutes 24 seconds West a distance of 9978 feet to a point for corner South 62 degrees 06 minutes 48 seconds West a distance of 8711 feet to a point for corner South 58 degrees 29 minutes 32 seconds West a distance of 5151 feet to a point for comer North 85 degrees 07 minutes 51 seconds West a distance of 5355 feet to a point for comer South 76 degrees 52 minutes 54 seconds West a distance of 3897 feet to a point for comer North 67 degrees 16 minutes 38 seconds West a distance of 5675 feet to a point for comer South 55 degrees 38 minutes 19 seconds West a distance of 1138 feet to a point for comer on the proposed easterly right ofway line of State Highway No 114 THENCE along the proposed easterly rightofway line of State Highway No 114 as follows North 36 degrees 32 minutes 05 seconds West a distance of 14732 feet to a Texas Highway Department concrete monument found North 47 degrees 50 minutes 42 seconds West a distance of 10198 feet to a Texas Highway Department concrete monument found North 36 degrees 32 minutes 04 seconds West a distance of 50000 feet to a Texas Highway Department concrete monument found North 32 degrees 14 minutes 44 seconds West a distance of 20056 feet to a 58 inch iron rod found with HuittZollars cap North 36 degrees 32 minutes 05 seconds West a distance of 19981 feet to a Texas Highway Department concrete monument found North 42 degrees 14 minutes 23 seconds West a distance of 20118 feet to a Texas Highway Department concrete monument found J SWwy wr25129NDr doe 7 OF 8 95M LACMDOMORDTAS ETASO313 DOC Pagp 15 EXHEBIT A North 36 degrees 3 minutes 05 seconds West a distance of 70291 to a 58 inch iron rod set with Huitt Zollars cap on the existing easterly right ofway line of State Highway No 114 THENCE along the existing easterly right ofway line of said highway as follows North 18 degrees 59 minutes 38 seconds West a distance of 11297 feet to a 58 inch iron rod found with Huitt Zollars cap North 32 degrees 06 minutes 29 seconds West a distance of 43057 feet to a 58 inch iron rod found with HuittZollars cap North 29 degrees 36 minutes 27 seconds West a distance of 23263 feet to a 58 inch iron rod found with HuittZollars 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 145240 feet an arc distance of 16328 feet a long chord that bears North 32 degrees 49 minutes 41 seconds West a distance of 16319 feet to a 58 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 9000 feet an arc distance of 15599 feet a long chord that bears North 13 degrees 36 minutes 16 seconds East a distance of 13718 feet to the POINT OF BEGINNING and CONTAINING 1548 acres of land more or less 1 12BNDY Ooc 8 OFR YSN7 LACrrYDOCSIORDTASFS 480313 DOC Page 16 EXHIBIT B OlOl LACITY DOCSORDCASES480313 DOC Page 17 li co 11q too Z LJ1 If CL IL oamU1W Sob ZWUQWF 14 Z W L L 4 41 Ila SO 550 A OlOl LACITY DOCSORDCASES480313 DOC Page 17 11q too L Ali OlOl LACITY DOCSORDCASES480313 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 1548 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 ie 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 Citys 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 Citys 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 Citys 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 TW 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 Clubs and the Citys emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a twoway access road from Kirkwood Boulevard to old TW King Road Such emergency access will be the same as required by the Citys Fire Marshal Public use of old TW 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 899 0119070000504350474 LAMY DOMORDTASFSW80 313DOC 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 approximately361acresforapublicparkalongthesoutheasternboundaryofthePropertyadjacenttotheSouth 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 planandexceptasprovidedabovetheCitywillberesponsiblefortheconstructionandmaintenance 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 PropertyandtominimizetheimpactonalltreesTheseamenitieswillalsobedesignedtobe 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 thefollowingtermsareherebydefined 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 rightsofway iv public and private utility and drainage easements v fire lanes and vi all parking areas including parking areas that exceed required parking C C means the City of Southlake Texas D Concept Plan means the concept plan attached as Exhibit B 1 to the PUD Paoe 2 Zoning Case No ZA99 056 Final Standards 8999 01190700005043504715 LCITY DOCSORDCASES 480 313 DOC Page 19 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 means this SABRE Non Residential Planned Unit Development zoning district Ordinance No 480313 including Exhibits A legal description B these PUD Standards and B 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 131 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 is 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 8999 01190700005043504 L CITY DOCSORDCASFS480 311DOC 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 inphasesTheCityrecognizesthatitisnotfeasibleandisunrealistictorequireahighlydetailed 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 thePUD 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 Zoning Case o 7499 056 Final Standards 8999 01190700005043504715 LACITY DOMORDICASFS4803I3DOC Page 21 EXHIBIT B 2 The PUD shall permit those principal uses set forth in the 02 Office District Section19oftheComprehensiveZoningOrdinanceasamended 3 The PUD shall also permit parking structures and private streetsallevs drivesincludinggatedrestrictedaccessentrypointsasprincipaluses 4 The PUD shall also permit hotel and restaurant with or without outside dining asprincipalusesifapprovedbyaSpecialUsePermitpursuanttoSection45oftheZoningOrdinanceasamended 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 principalusesuntilatleast400000squarefeetofofficespacewithinthePropertyisoccupiedandbeingusedasacorporateheadquarters 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 equipmentmaybesoldorleasedtothirdpartiesoutsidethePUDAllsuchequipmentmustbe 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 leasingrental maintenance and repairdistributionandwarehousestorageofcomputerhardwaresoftwareandrelated services Conference center Datainformation processing center Information technology facility including but not limited to facilities for research development marketing sales and service leasingrental maintenance and repair distribution and warehouse storage of information technology hardware software andrelatedservices Training center B Accessory Uses All accessory uses including those described in subsections 1 and 2 below must be operated principally for the development of or use of the Property as a corporateheadquartersandmustbeoperatedprincipallytoserveorbenefittenantsemployeesguestsvisitorsandcustomerswithinthePropertyThePUDshallpermitthoseaccessoryusessetforth in Section 34 of the Zoning Ordinance as they apply to the 02 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 Pae 5 Zoning Cue No ZA9905 Final Standards 8999 01190700005043504 LACITY DOCSORDCASES480 313 DOC Page 22 EXHIBIT B Communication equipment including but not limited to satellite dishes antennas radiotowersfiberopticlinestelecommunicationsequipmentetcAllsatellitedishes antennas radio towers and similar communication equipment must be solely for use bytheownersofthePropertyandoccupantsorusersoftheimprovementslocatedthereon and none of such equipment may be sold or leased to third parties outside the PUD Allsuchequipmentmustbelocatedwithinbuildingsorstructuresoriflocatedoutsidea 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 distributionlinesutilityshopandstorageelectrictransformerselectricsubstationstelephoneelectriccableandfiberopticswitchingstationswaterandsewagepumpingstationsaboveandbelowgradewaterstoragetanksandpumpingsystemselevatedorabovegradeandwatersewerelectricandgasmeters 1 Accessory Uses Within Principal Use Buildings The following accessory usesshallonlybeallowedwithinthesamebuildingasapermittedprincipalusewithoutregardtothefloorareaofsuchaccessoryuses Banks and financial institutions including ATMs Beauty parlorbarbershop Day nursery or equivalent child care facility Drug store Specialty retail Health club gymnasium Job printing lithography printing or blueprinting Laundrydry cleaning droppick Mailing service private Maintenance vehicle fueling and service Medical care facilityclinic Newsstand Post office governmental Printing engraving and related reproductive services Quick copyduplicating services Recycling collection andor storage Restaurant cafe cafeteria or dining facility with or without outside dining Security guard quarters Shoe repair Stationery and or book store Pate 6 Zoning Caic No ZA99 056 Final standards 8999 01190700005043504715 LACITY DOMORDTASESW80 313 DOC Page 23 EXHIBIT B Temporary residential accommodations for employeescustomersvisitors 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 400000 square feet of floor area and ii at least 400000 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 sporttennis courts and d other uses of a similar nature and character Day nursery or equivalent child care facility Health clubgymnasium Heliportverti port or helistop verti stop the facility subject to the following conditions a A maximum of one helistop verti stop or one heliportverti 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 takeoff 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 1000 feet from i any residentially zoned lot and ii any land located outside the Property and designated for single family use on the Citys 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 Pae 7 Zoning Case No ZA99056 Final Standards 8999 011907000050435047 15 L CITY DOGS ORDCASES480 313DOC Page 24 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 anyresidentialareasthePropertyownershallberequiredtoobtaina specific use permit SUP to operate the facility The SUP may be approved subject to conditions including a limitation onhoursofoperation h The Property owner shall notify the Federal Aviation Administration FAA in writing that the facility is privateandnotavailableforanypublicuse 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 outsidescreened 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 anypersonorbusinesslocatedoutsidetheProperty Mainterance vehicle fueling and service Medical care facilityclinic Restaurant cafe cafeteria or dining facility with or without outside dining Temporary residential accommodations for emplo eescustomersvisitors maximum stay shall be two consecutive weeks and full kitchens with cook tops shall be prohibited Temporary construction materials storage for each phase ofdevelopmentlimitedtothetimeduringwhichactiveconstructionis 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 of30daysthereafter 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 noaccessoryusebuildingshallexceedthree3storiesabovegradenorshallitexceedfortysix46feetinheight Z Structured Parking Except as provided below no parking structure shall exceedsix6levelsabovegradenorshallitexceedsixty60feetinheight Page S Zoning ase Vo ZA99 06 Final Standards 8999 r 1 190 700005043504 15 L CITY DOCSORDCASEY480 313DOC Page 25 EXHIBIT B 3 Architectural Features Architectural features ie portions of buildings or structures not intended for occupancy which are integral to the architectural style of thebuiidingorstructureincludingspiresbelfriestowerscupolasdomesfeaturewallsand similar features shall not exceed fifty 50 feet above the height of the building iffreestandingthevshallnotexceedonehundredforty140feetinheightandbothieroofmountedandfreestandingarchitecturefeaturesshallbesubjecttothe41residential proximity slope requirement contained in Section 4313h of the Zoning Ordinance 4 Special Equipment Mechanical equipment penthouses ventilation equipmentsatellitedishesantennascoolingtowersandothersimilarequipmentshallnotexceed the actual height of the building by more than twentyfive 25 feet must be screened must be integral to the building and shall be subject to the 41 residential proximity sloperequirementcontainedinSection4313hoftheZoningOrdinance 5 Pitched Roofs The height of a building regardless of building size with slopedorpitchedroofsshallbemeasuredtoapoint15feetabovethehighestoccupiedfloorlevelThehighpointoftheslopedroofmayexceedtheheightlimitationssetforthabove ie maximum ninety 90 feet by up to thirty five 35 feet to allow up to a maximumheightofonehundredtwentyfive125feetandshallbesubjecttothe41residential proximity slope requirement contained in Section 4313h of the Zoning Ordinance All measurements shall be from grade as defined by Ordinance No 480 Section 42 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 feetintoanyrequiredfrontyardtoaccommodatebuildingarticulationdesignrequirements Only ground level non structured parking for short term visitor and customer parkingshallbeallowedinrequiredfrontyardsNofrontvardadjustmentsshallberequiredto achieve consistency or compatibility with surrounding or future public development Side Yard Except as provided below there shall be no minimum side yardsetbackNosideyardadjustmentsshallberequiredtoachieveconsistencyor compatibility with surrounding or future public development 3 Rear Yard Except as provided below the minimum rear yard setback shall be10feet 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 4312 the non single family residential building shall comply with the setback requirements ofZoningOrdinanceNo480Section4313h 5 SH 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 Zoning Case o ZA99 056 Final Standards 8999 r 190 0000501 504 15 U CITY DOMORMCASFS480 313 DOC Page 26 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 ofway 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 35 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 PARKLVGLOADING 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 ConceptPlan C Parking Space Size All parking spaces shall be at least 8 feet wide and 18 feet long Structural columns within any 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 LoadingService Areas At least one off street loadingservice area shall be provided for each 200000 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 loadingservice 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 ro 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 oway In addition the facade of any parkin structure that is Page 10 Zonin Case o L199096 Final Standards 8999 011907 00009043504 15 L CITY DOCSORDICASES 580 313 DOC Page 27 EXHIBIT B isible 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 i B Reflective Glass Any individual building facade may be 100 class however no mere than 80 of the total facade area of all buildings within the Propem shall be glass In 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 Citys 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 incisionscuts 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 ie 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 StructuralArchitectural Columns Structural concrete or steel elements ma remain exposed if given some architectural treatment eg 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 thev are not be visible from ground level 11 SCREENnG The folowing improvements shall be screened from view from public rightsi 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 ofway within the Propem and no screening shall e required for any surface parking lots or for any parking structures except as required by Section 1A hereof Screening shall be accomplished with masonry dense landscaping or any combination thereof 12 LADSCAPE 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 bufferyards 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 Citys 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 Lill strongly encourage retaining natural tree groupings and trees near future building sites Such credits Lill also simplif and reduce the maintenance costs associated with large areas of smal shrubs and eroun cover Pse I f Inning Case o LA9 R5 Final Standards 0 0 04 L CITY DOCSORDCASES480 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 developmentWiththeexceptionofsmallsecuritystructuresieguardhousesnopavedsurfacesor buildings or structures of any kind may be located within the Natural Areas without size planapprovalTheintentistopreservetheseareasinanaturalundisturbedconditionhowever additional landscaping may be planted within them at the option of the Property owner NaturalAreasmaybeirrigatedorleftnatural 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 plantingsshallberequiredwithinthePropertybasedontheinteriorlandscapeareaascomputedaboveone 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 plantedasgroundcoverTheserequiredplantingsshallbereducedasfollows I Existing Plant Credits Existing trees which are within 250 feet of any buildingshallreducetherequiredplantingsasfollows 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 subsi 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 05 square feet up to a maximum overallreductionof25 C Parking Lot Landscaping 1 Structured Parking There shall be no landscaping requirements applicable toparkingstructures 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 ma 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 7unino Cxse o ZA 056 Final Standards 3 q QQ oilvo 00004014 z L CITY DOCS ORDCASES480 313DOC Page 29 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 13 feet Ions Planter island landscape areas count towards the total required interior landscape area b Existin Trees The follow in variations to the planter island requirements shall be permitted to preserve existing 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 coateddarkcoloredchainlinkNofencingarticulationshallberequiredThedetailsoffencedesignwillbe provided as part of each site plan ry 14 ACCESS CONTROL STRUCTURES access control structures that are visible from anv public rights ofway outside the Property will be constructed of materials that are the same as or substantialh similar to the buildings visible from such rights ofway Such structures may also be constructed of an other material that is architectural 1 compatible with the buildings that are visible prcided such other materials are approved on a site plan Access control structures that are not visibie from public rights ofway outside the Property may be constructed of masonry wood architectural concrete metal panels or any combination thereof 15 PARKSTRAILS 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 in Driveway Ordinance No 634 as amended shall apply to the Property unless new driveways are constructed on public rights ofway H6wever all development plans must include an on site driveway 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 designdoesnotcreateatrafficorsafetvhazard 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 parking The most likely location for the parking structures land the location with the least impact on Zoning Case Nu ZA99 056 Final Standards 8 v I070000 01304 UCITY DOCSORDICASES480 313DOC Page 30 EXHIBIT B existing tree coerj is the area identified on the Concept Plan As provided b the Cims existing Tree Preservation Ordinance the footprint of such parking structures plus an area within six feet of the foundations will 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 III parking structures must be screened from Kirkood 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 Cirs 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 Property END OF EXHIBIT B DEVELOPNIENT STANDARDS Pa 14 Zoning Cue Nu ZA99 0 Final Siardards 3 1 OQ 1190 000504350 1 LTITYDOCYORDICASE 480 313DOC Page 31