Item 4E
Department of Planning & Development Services
S T A F F R E P O R T
April 28, 2009
CASE NO:ZA06-171
PROJECT:Plat Extension ofPlat Revision for Lots 1R1, 1R2, & 1R3, Block 1, Gorbutt
Addition
:
REQUEST
Cambridge 114, Inc./ Raymond L. Goodson, Jr., Inc.is requesting approval of a plat
extension for the Plat Revision proposing to divide one lot into three lots on
approximately 12.64 acres located at 1545 E. Southlake Blvd.
Section 4.01(I) of Subdivision Ordinance No. 483 states that a Plat Revision which
has not been recorded in the County Plat Records within one (1) year of the date of
approval shall expire and that City Council may extend the expiration date of an
approved plat but not to exceed one (1) year. The plat revision was approved by
City Council on May 20, 2008. The owner is requesting an additional one year from
the date it will expire due to delays in acquiring required lien holder signatures
ACTION NEEDED:Consider Plat Extension Approval
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information, including Unity Agreement
Plat Review Summary No. 4, dated January 11, 2008
(D)
STAFF CONTACT:
Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA06-171
BACKGROUND INFORMATION
OWNER:
Cambridge 114, Inc.
APPLICANT:
Raymond L. Goodson, Jr., Inc.
PROPERTY SITUATION:
1545 E. Southlake Boulevard
LEGAL DESCRIPTION:
Lot 1R, Block 1, Gorbutt Addition
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
S-P-2 Generalized Site Plan District
HISTORY:
-A Final Plat was approved by the City Council on June 15, 1982.
-City Council approved a zoning change request and Concept Plan on
January 19, 1999.
-A zoning change request and revised Concept Plan was approved on
April 11, 2003.
-A Site Plan was also approved by City Council on April 11, 2003.
-A zoning change request and revised Concept Plan was approved on
October 3, 2003.
-An Amended Plat was filed on May 10, 2004.
-A Plat Revision was approved by City Council on May 20, 2008;
STAFF COMMENTS:
Attached is Plat Review Summary No. 4, dated January 11, 2008.
N:\Community Development\MEMO\2006cases\06-171PE.doc
Case No. Attachment A
ZA06-171 Page 1
Harris Methodist Southlake
Case No. Attachment C
ZA06-171 Page 1
Plat Revision
Case No. Attachment C
ZA06-171 Page 2
Case No. Attachment C
ZA06-171 Page 3
UNITY AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
WHEREAS, the following Applicants by this instrument desire to plat the tracts described below as legally
The Building Code of the City of Southlake, the 2006 International Building Code as
separate lots.
adopted, Section 602 prohibits openings in an exterior wall on a property line or within 5 feet of a
property line. Section 704.3 of the code permits exterior walls of specified fire resistance rating and
opening protection in adjacent buildings when located on the same lot.
KNOW ALL PERSONS BY THESE PRESENTS:
I.
CAMBRIDGE GORBUTT MOB, L.P..
That (“Applicant A”), a Texas limited partnership, is the owner of
the following property being being legally described as a portion of Lot 1R, Block 1, Gorbutt Addition, an
addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slides
9210 and 9211 of the Plat Records of Tarrant County, Texas and being located at the street address of 1545
S-
East Southlake Boulevard, Southlake, Texas, and to be referred to as “Tract 1”, located in Zoning District:
P-2
and having the use of Medical Office Building, being more particularly described on “Exhibit “A”, attached
hereto and made a part of this agreement for all purposes .
II.
CAMBRIDGE-SOUTHLAKE PARTNERS, L.P.
That (“Applicant B”), a Texas limited partnership, is the
owner of the following property being legally described as a portion Lot 1R, Block 1, Gorbutt Addition, an
addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A and Slide
9210 and 9211 of the Plat Records of Tarrant County, Texas and being located at the street address of
________ East Southlake Boulevard, Southlake, Texas, and to be referred to as “Tract 2”, located in Zoning
S-P-2
District: and having the use of hospital facility, being more particularly described on “Exhibit “B”,
attached hereto and made a part of this agreement for all purposes.
III.
For the purpose of meeting the intent of the fire protection requirements of the code, the adjacent
buildings shall be treated as though they are on a single lot and no modification will be made to the fire
wall or barrier separating the buildings except according to the provisions of the code and with the
approval of the Building Official.
In order that the above described “Tract 1”and “Tract 2” may be lawfully subdivided into two (2) legally
separate lots and that all uses on above described “Tract 1”and “Tract 2” may operate in compliance with
7
Chapter of “The Building Code”, as amended (“Code”), of the City of Southlake, Texas (“City”), and derive
all the benefits from such subdivision and compliance, and for such other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, as Applicant A and Applicant B (collectively
referred to as the “Applicants”) have agreed upon, the Applicants understand and agree that “Tract 1”and
Case No. Attachment C
ZA06-171 Page 4
704.3
“Tract 2”shall be subdivided into two (2) legally separate lots, pursuant to Section of the Code, for
704.3Buildings
purposes of meeting the requirements of Section(s) of the Code, as briefly summarized below:
on the same property
.
IV.
The Applicants understand and agree that this agreement is for the purpose of permitting “Tract 1”and “Tract
2” to be legally subdivided into two (2) separate lots and of authorizing the Building Official of the City to
consent to and approve such subdivision and to issue building permits and/or certificates of occupancy for
“Tract 1”and “Tract 2”and that this agreement does not affect the boundaries or the ownership of “Tract 1”and
“Tract 2”. The Applicants further understand and agree that this agreement neither affects the ability of the City
to strictly enforce any and all provisions of the Code, nor restricts the right of the City Council of the City to
exercise its legislative duties and powers insofar as zoning of the tracts is concerned.
V.
The Applicants agree to defend, indemnify, and hold harmless the City from and against all claims or liabilities
arising out of or in connection with this agreement, the subdivision of “Tract 1”and “Tract 2” into legally
separate lots, and the issuance of building permits and/or certificates of occupancy for “Tract 1”and “Tract
2”by reason of this agreement.
VI.
7
Unless stated otherwise in this agreement, the definitions and provisions of Chapter of the Code, as amended,
apply and are incorporated into this agreement as if recited in it.
VII.
The Applicants agree to file, at their own expense, a true and correct copy of this agreement in the Official
Public Records of Tarrant County, Texas (being the county in which “Tract 1”and “Tract 2” are located) as
soon as practicable after this agreement is approved by both the Building Official and the City Attorney. Prior
to submitting a subdivision plat covering “Tract 1”and “Tract 2” to the Building Official for final approval and
filing in the County Plat Records, the Applicants agree to submit two (2) copies of this agreement that have
been file-marked by the Tarrant County Clerk.
VIII.
The Applicants understand and agree that this agreement shall be governed by the laws of the State of Texas.
IX.
The Applicants understand and agree that this agreement shall be a covenant running with the land with respect
to all tracts governed by this agreement, and that this agreement shall fully bind any successors, heirs, and
assigns of the Applicants who acquire any right, title, or interest in or to any of the tracts, or any part thereof,
that are governed by this agreement. Any person who acquires any right, title, or interest in or to any of the
tracts, or any part thereof, governed by this agreement, thereby agrees and covenants to abide by and fully
perform this agreement.
Case No. Attachment C
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X.
In the event that Tract 1 and Tract 2 ever become owned by the same person or entity, the Doctrine of Merger
shall not apply.
XI.
The Applicants understand and agree that this agreement may be amended or terminated only by an instrument
that is signed by the owners of both Tract 1 and Tract 2, approved by the Building Official, and approved as to
form by the City Attorney. The Building Official shall approve a properly signed instrument amending or
terminating this agreement if:
(1) a written request to amend or terminate this agreement is made by Applicant A, Applicant B, or
a successor, heir, or assign of Applicant A or Applicant B; and
(2) all uses and tracts governed by this agreement fully comply with the applicable provisions of the
Code described in Paragraph III of this agreement.
The Applicants shall file the amending or terminating instrument in the Official Public Records of Tarrant
County, Texas, at their sole cost and expense. After filing the amending or terminating instrument in the
Official Public Records, the Applicants shall file two (2) copies of the instrument with the Building Official. No
amendment or termination of this agreement is effective until the amending or terminating instrument is filed in
accordance with this paragraph.
XII.
Applicant A and Applicant B each certify and represent that there are no liens, other than liens for ad valorem
taxes, against their respective tracts if there are no signatures of lienholders for those tracts.
XIII.
The invalidation of any provision of this agreement by any court shall in no way affect any other provision,
which shall remain in full force and effect, and to this end the provisions are declared to be severable.
Case No. Attachment C
ZA06-171 Page 6
EXECUTED at Southlake, Tarrant County, Texas, on this the _____ day of _________________________ ,
2008.
APPLICANT A: APPLICANT B:
CAMBRIDGE GORBUTT MOB, L.P., a CAMBRIDGE-SOUTHLAKE
Texas limited partnership PARTNERS, L.P., a Texas
limited partnership
By: Gorbutt MOB, Inc., a Texas By: Cambridge Tarrant, Inc., a
corporation, its general partner Texas corporation, its general partner
By: ____________________________ By: _____________________________
Jean-Claude Saada, President Jean-Claude Saada, President
CONSENT AND CONCURRENCE OF LIENHOLDERS:
TRACT LIENHOLDER: TRACT LIENHOLDER:
DEUTSCHE BANC MORTGAGE DEUTSCHE BANC MORTGAGE
CAPITAL, L.L.C., a Delaware CAPITAL, L.L.C., a Delaware
limited liability company limited liability company
By: _________________________________ By: _________________________________
Name: ___________________________ Name: ___________________________
Title: ____________________________ Title: ____________________________
APPROVED: APPROVED AS TO FORM:
City Attorney
By: _________________________________ By: _________________________________
City of Southlake Building Official ______________________________,
(or authorized representative) Assistant City Attorney
Notes:
Building
(1) Summarize the relevant provision(s) of the Southlake Code in Paragraph III.
(2) Attach acknowledgments for both owners and lienholders.
(3) Attach Exhibits A and B.
Case No. Attachment C
ZA06-171 Page 7
STATE OF TEXAS
'
'
COUNTY OF ______________
'
This instrument was acknowledged before me on __________________________2008, by Jean-Claude
Saada, President of Gorbutt MOB, Inc., a Texas corporation, general partner of Cambridge Gorbutt MOB, L.P., a
Texas limited partnership, on behalf of said corporation and limited partnership.
NOTARY PUBLIC, STATE OF TEXAS
STATE OF TEXAS
'
'
COUNTY OF ______________
'
This instrument was acknowledged before me on ___________________________, 2008, by Jean-Claude
Saada, President of Cambridge Tarrant, Inc., a Texas corporation, general partner of Cambridge-Southlake Partners,
L.P., a Texas limited partnership, on behalf of said corporation and limited partnership.
NOTARY PUBLIC, STATE OF TEXAS
Case No. Attachment C
ZA06-171 Page 8
STATE OF _________________
'
'
COUNTY OF ______________
'
This instrument was acknowledged before me on ________________________, 2008, by ____________
_________________________, _________________________________ of Deutsche Banc Mortgage Capital,
L.L.C., a Delaware limited liability company, on behalf of said limited liability company.
NOTARY PUBLIC, STATE OF ________________
STATE OF _________________
'
'
COUNTY OF ______________
'
This instrument was acknowledged before me on _______________________, 2008, by ____________
_________________________, _________________________________ of Deutsche Banc Mortgage Capital,
L.L.C., a Delaware limited liability company, on behalf of said limited liability company.
NOTARY PUBLIC, STATE OF ________________
Case No. Attachment C
ZA06-171 Page 9
Reserved For Exhibits A & B
Case No. Attachment C
ZA06-171 Page 10
PLAT REVIEW SUMMARY
ZA06-171Four1/11/08
Case No.: Review No.: Date of Review:
Plat Revision – Lots 1R1, 1R2, & 1R3, Gorbutt Addition
Project Name:
APPLICANT: Cambridge 114, Inc. SURVEYOR: R.L. Goodson, Jr., Inc.
Francis Sapienza
5445 La Sierra, Suite 300 L.B. 17
Dallas, TX 75231
Phone: (214) 871-7337 x303 Phone: (214) 739-8100
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/31/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072.
1.Provide easements for water, sewer and/or drainage in compliance with approved construction plans.
2.All lots must comply with underlying zoning district regulations. As currently proposed this plat is
subject to approval of an appropriate change of zoning.
3.All lots and existing buildings must comply with applicable building codes, in particular with regards to
the proposed location of the lot boundaries in relation to buildings. As currently proposed, an
appropriate agreement addressing these conditions is required to be filed with the City for review and
approval of its form, and then recorded in the County deed records concurrently with the recording of
this plat in the County Plat records. A “Unity Agreement” for this purpose has been submitted and is
subject to review and approval of form by the City Attorney prior to accepting the agreement and plat
for filing in the County records.
4.A cross access and parking agreement needs to be provided and filed of record to insure that adequate
parking is provided. It should also include or address any shared amenities intended between buildings
and lots such as trash enclosures, common areas, etc.
INFORMATIONAL COMMENTS
All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
*
development run-off.
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
* A “Certificate of Taxes Paid” indicating that there are no delinquent taxes owed on the subject property
from each taxing authority must be provided to the City prior to filing this plat in the County records. A
copy of this information may be obtained from the Tarrant county Tax Assessor/Collector’s Office
located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service
Case No. Attachment F
ZA06-171 Page 1
charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s
office at (817) 884-1103.
blackline
* Original signatures and seals will be required three mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original
signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than
signatures or seals, appear on the plat.
* A Developers Agreement is required prior to construction of any public infrastructure. The Developer's
Agreement for this addition should consider streets, drainage, park dedication requirements and fees,
off-site sewer extensions, off-site drainage and utility easements and impact fees.
Case No. Attachment F
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Case No. ZA07-171 Review No. 4 Dated: 1/11/08 Number of Pages: 1
Project Name: Lots 1R1, 1R2, & 1R3, Block 1, Gorbutt Addition -- Plat Revision
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 12/31/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’
minimum and located on one lot – not centered on the property line.
2. A drainage easement will be required for the detention area along the west side of the property.
3. The division of the lots will require the existing sanitary and storm sewer to cross lot lines. Therefore,
minimum 15’ sanitary and storm sewer easements will be required for the existing and proposed sewer
through the development. Water and sewer lines cannot cross property lines without being in a public
easement or in the ROW. All water and sewer lines in easements or ROW must be constructed to City
standards.
* Use the City of Southlake GPS monuments whenever possible.
DRAINAGE COMMENTS:
* This property drains into a Critical Drainage Structure and may require a fee to be paid prior to
beginning construction.
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082
to connect to the City’s sewer, water or storm sewer system.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
Case No. Attachment F
ZA06-171 Page 3
Case No Review No.Dated: Number of Pages:
. 06-171 Four January 11, 2008 1
Project Name:
Lots 1R1, 1R2 & 1R3, Block 1, Gorbutt Addition (Plat Revision)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on December 31, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
* No comments.
Case No. Attachment F
ZA06-171 Page 4