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Item 6E S T A F F R E P O R T November 12, 2008 ZA08-093 CASE NO: Zoning Change and Site Plan for Morrison Office Park PROJECT: REQUEST: On behalf of The Morrison Group, Adams Engineering is requesting approval of a zoning change to modify the existing “S-P-2” Generalized Site Plan District zoning to change the front yard setback for proposed Lot 7 and to change the maximum permitted impervious coverage for the development. Both changes are necessitated by the Texas Department of Transportation requiring a right turn deceleration lane and additional right-of-way dedication on SH 114 at the entrance of Morrison Park Drive. The requirement was not known at the time of the original zoning and plan approval. The right-of-way dedication reduced the distance from ROW to the building and removed land area from the boundary of the lot such that the building could no longer meet the 50 foot front yard setback along SH 114 and the 55% maximum impervious coverage requirement for the overall development. The only changes from the existing regulations and uses as approved are to reduce the front yard for Lot 7 from 50 feet to 35 feet and change the maximum impervious coverage for the overall development from 55% to 58%. This plan includes carports as a permitted accessory use and a floor area expansion previously approved by a revised site plan and SUP for Lot 1 and there are some minor architectural changes in the footprint of the Lot 7 building. There are no other substantial changes. This site is subject to all previous conditions of approval unless otherwise specifically approved by the City Council. Full site plan was approved for Lots 1, 3-, 4 & 5 under case ZA06-166. A revised site plan must be approved for Lots 2, 6 and 7 prior to issuance of a building permit. The approved zoning and plan allows for the development of approximately 43,380 square feet for general office uses with approximately 12,000 square feet of that square footage potentially used as a plumbing fixture and related furnishings showroom for retail sales. The original plan contained approximately 6.19 acres, reduced to approximately 5.75 acres by right-of-way dedication for TxDOT. The uses and regulations under the “S-P-2” zoning are as follows:  “O-1” Office District uses and development regulations to include the following “C- 3” General Commercial District uses on Lot 7 only: plumbing fixture showroom and related furnishings only; Carports as shown on the site plan and included elevation for Lot 1 shall be permitted as an accessory use.  Front Yard Setback – Along the proposed street (Morrison Park Drive), not less than ten (10) feet  Front Yard Setback Lot 7 Adjacent to SH114 – Not less than 35 feet  Impervious Coverage – Max. overall not to exceed 55% 58%, individual lots may not exceed 85% Case No. ZA 08-093  Bufferyards – Bufferyards along interior lot lines shall not be required  Bufferyards – The west portion of the front bufferyard may be encroached by the common access drive  Parking – 1 space per 300 square feet for Lot 7  Trash Receptacle – The trash receptacle located on Lot 2 shall be allowed in the front yard  Trash Receptacle – A total of 3 trash receptacles shall be permitted for the development  Architecture – The architectural style of each building within the development shall respect the elevations provided and conveyed with the Concept Plan  Fencing – The north boundary shall maintain a 6-foot iron fence  Fencing – The ease boundary shall maintain an 8-foot superior masonry wall along the common boundary to the residential lots of Austin Oaks (City of Grapevine) The following variances were granted with the original approval:  Public Street R.OW. – Min. 60 ft required, 40 ft. R.O.W. is proposed  Driveway Stacking – 75 feet required, requesting 13 feet and 12.5 feet  Interior Landscaping – Requesting interior landscape requirements to be equally distributed throughout the development ACTION NEEDED: 1)Conduct a public hearing 2) Consider second reading approval of the proposed zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 1, dated October 3, 2008 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance 480-491a for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 08-093 BACKGROUND INFORMATION OWNER: The Morrison Group APPLICANT: Adams Engineering PROPERTY SITUATION: The property is located at 2720 E. State Highway 114. LEGAL DESCRIPTION: Tract 1A, situated in the S. Freeman Survey, Abstract No. 525 LAND USE CATEGORY: Office Commercial and Low Density Residential CURRENT ZONING: “S-P-2” Generalized Site Plan District REQUESTED ZONING: “S-P-2” Generalized Site Plan District HISTORY: - Zoning and Concept Plan was approved August 1, 2006; - A Site Plan was approved for Lot 1 Morrison Business Park on August 1; 2006 - A Preliminary Plat was approved for Morrison Business Park on October 17, 2006; - A Final Plat was approved for Morrison Business Park on October 19, 2006; - A Site Plan was approved for Lot 2-7 Morrison Business Park on January 2, 2007; - A Revised Site Plan was approved for Lot 1 Morrison Business Park on May 1, 2007; - A SUP was approved for Carports on Lot 1 Morrison Business Park on May 1, 2007; TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends State Highway 114 to have between 300 and 500 feet of right-of-way. Adequate right-of-way exists for this roadway. Existing Area Road Network and Conditions The Morrison Office Park development is proposing to use an existing driveway on E. State Highway 114 that is shared with the Next Century Dental office to the west. The development also proposes a street that will intersect with the E. State Highway 114 frontage road. The applicant is proposing the street to have a right-of-way width of 40 feet with 10-foot utility easements on either side in lieu of the standard right-of-way width of 60 feet for commercial streets. Five (5) lots in the development will have access onto the proposed street. E. State Highway 114 is currently a 6-lane, restricted access thoroughfare with 3-lane frontage roads on either side. May, 2005 traffic counts on E. State Hwy 114 frontage road (between NW Highway Bridge & Kimball Ave) 24hr 13,54415,125 West Bound (WB) () East Bound (EB) () WB 7591,465 Peak A.M. () 8 – 9 a.m. Peak P.M. () 5 – 6 p.m. Case No. Attachment A ZA 08-093 Page 1 EB 2,0711,017 Peak A.M. () 7:15 – 8:15 Peak P.M. () 5:15 – 6:15 a.m. p.m. May, 2005 traffic counts on E. State Hwy 114 main lanes (between FM 1709 & Kimball Ave) 24hr 30,54033,500 West Bound (WB) () East Bound (EB) () WB 2,2042,674 Peak A.M. () 7:45 – 8:45 Peak P.M. () 5:45 – 6:45 a.m. p.m. EB 2,9252,492 Peak A.M. () 7:15 – 8:15 Peak P.M. () 5:15 – 6:15 a.m. p.m. Traffic Impact Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM- OUT OUT Office 43,380 478 60 8 11 54 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on E. State Highway 114 frontage road. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8-foot multi-use trail is planned adjacent to the development along the E. State Highway 114 frontage road. The trail is shown on the concept plan. WATER & SEWER: An 8-inch water line exists along the north side of the E. State Highway 114 frontage road. An 8-inch sanitary sewer line exists at the northwest corner of the proposed office development. DRAINAGE ANALYSIS: This development drains in several directions. Lot 1 drains to the northwest corner of the property to an existing detention pond previously constructed at Shady Lane. Lot 3 will drain to the north. And the eastern portion of the property will drain to the east to a proposed detention pond at the northeast corner of the property or directly into SH 114. TREE PRESERVATION: The submitted tree survey does not show the proposed utility easements as required, but a Sanitary Sewer Easement is proposed to be located within the north section of Lot 1. This easement cuts directly through a stand of existing trees proposed to be preserved on both the Concept Plan and Tree Survey. The installation of a sanitary sewer within this easement would alter and possibly kill twelve (12) existing protected “Quality” trees. If the line is installed by trenching than at least four (4) trees at a minimum would need to be removed. It is recommended that directional boring be utilized to install the sanitary sewer line if the development is approved. The submitted tree survey shows that existing trees would be removed outside of the building pads, parking, utility and drainage easements, and fire lanes. Any trees that are removed or altered outside of these areas will be required to be mitigated by payment into the City of Southlake Reforestation Fund per Section 7.3 of Ordinance 585-B. SOUTHLAKE 2025: The following recommendations are made for the Morrison Office Park: Case No. Attachment A ZA 08-093 Page 2  Sidewalks are provided throughout the proposed development. However, a connection needs to be provided between the trail along the frontage road and the internal sidewalk system. A sidewalk is recommended on both sides of the public road within the development. The trail along the frontage road should be straightened.  Maximize tree preservation.  Avoid re-grading the site. P&Z ACTION: October 9, 2008, Approved (5-0) as presented and subject to the Site Plan Review Summary No. 1 dated October 3, 2008. st COUNCIL ACTION: October 21, 2008; 1 Reading Approved on Consent (5-0) as presented. STAFF COMMENTS: The original zoning was approved subject to the following conditions: P&Z ACTION: May 18, 2006; Approved (5-0) subject to Concept Plan Review Summary No. 3, dated May 12, 2006; granting the requested variances; restricting the C-3 General Commercial uses to plumbing fixture showroom and related furnishings only; and, accepting the applicant’s willingness to comply with the following:  No loading dock  Save trees per exhibit presented  Show the design of the retaining wall  Require boring to protect trees  Show renderings and elevations adjacent to all residential areas  Increase detaining pond capacity  Lighting plan showing where and type  8’ wood fencing with metal posts  Landscaping plan for the east side  Screen the dumpster area where visible COUNCIL ACTION: July 18, 2006; Approved (5-0) subject to Concept Plan Review Summary No. 4, dated July 12, 2006; specifically granting the requested variances; subject to the elevations for the dumpster and retaining wall as presented; requiring an 8- foot masonry wall along the residential lots up to the common area; requiring a utility stub-out to the north property; subject to the lighting plan; subject to staff review of utility considerations as provided in the presentation; subject to the building materials (roof tile, shutters, wrought iron) as described in the architectural plans; and subject to the recommendations of the P&Z Commission motion. August 1, 2006; Approved (7-0) subject to City Council’s approval on first reading, accepting the applicant’s agreement to place a Superior Concrete Fence along the neighbors’ houses similar to the one at the Mira Vista development shown in tonight’s presentation and will continue to maintain the fence at the applicant’s cost, subject to the recommendations of the Planning and Zoning Commission, and subject to Concept Plan Review Summary No. 4, dated July 12, 2006. Case No. Attachment A ZA 08-093 Page 3 Attached is Site Plan Review No 1 dated October 3, 2008. This site is subject to all previous conditions of approval unless otherwise specifically approved by the City Council. Case No. Attachment A ZA 08-093 Page 4 Case No. Attachment B ZA 08-093 Page 1 Applicant Letter & Development Regulations Case No. Attachment C ZA 08-093 Page 1 Case No. Attachment C ZA 08-093 Page 2 Case No. Attachment C ZA 08-093 Page 3 SITE PLAN Decel Lane & ROW dedication Area 6 covered spaces Case No. Attachment C ZA 08-093 Page 4 Tree Survey Case No. Attachment C ZA 08-093 Page 5 Landscape & Lighting Plan Case No. Attachment C ZA 08-093 Page 6 Proposed Typical Lighting Case No. Attachment C ZA 08-093 Page 7 Conceptual Renderings Case No. Attachment C ZA 08-093 Page 8 Case No. Attachment C ZA 08-093 Page 9 Case No. Attachment C ZA 08-093 Page 10 Case No. Attachment C ZA 08-093 Page 11 Case No. Attachment C ZA 08-093 Page 12 Revised Water & Detention Exhibit Case No. Attachment C ZA 08-093 Page 13 Case No. Attachment C ZA 08-093 Page 14 SITE PLAN REVIEW SUMMARY ZA08-093One10/03/08 Case No.: Review No.: Date of Review: : Zoning & Site Plan Project Name – Morrison Office Park APPLICANT: Adams Engineering OWNER: The Morrison Group Ben Henry Bryce Pool 500 S. Nolen Drive 311 East Vickery Southlake, TX 76092 Fort Worth, TX 76104 Phone: (817) 329-6990 Phone: (817) 870-2227 Fax: (817) 329-7671 Fax: (817) 877-4942 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/22/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH (817) 748-8072. 1. The following changes are need to the development regulations: a. Move the proposal for the carports from the variance section to the use section and list as a permitted accessory use as described and as shown on the attached site plan and architectural elevations. Show the carports on Lot 1. b. Correct the regulations in the letter to match City Council’s original approval. It has not been updated since that time. Fire lanes must meet hose-lay coverage requirements. Fire lanes are 2. Label all proposed fire lanes. required to be 24’ in width and a minimum interior radius of 30’. 3. Include Lot 1 in the Site Data Summary and change “Medical Office Building to “General Office Building for Lots 1-6 and Office/Retail Showroom on lot 7. The site is not parked to accommodate medical uses. INFORMATIONAL COMMENTS * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * Full site plan was approved for Lots 1, 3-, 4 & 5 under case ZA06-166. A revised site p;lan must be approved for Lots 2, 6 and 7 prior to issuance of a building permit. * Based on the parking calculations, no medical office uses shall be permitted in the development. Sufficient parking must be provided per individual lot unless a written agreement is properly executed A and filed as outlined in the Comprehensive Zoning Ordinance No. 480, as amended (Sec 35.2.b). copy of the agreement must be provided to the City prior to receiving building permits. Case No. Attachment D ZA 08-093 Page 1 * The proposed overall site does not exceed the maximum permitted impervious coverage area percentage of 65% for the “O-1” Zoning District on the overall development. The impervious coverage area percentage of the development is approximately 58%. 65 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A permit from TxDOT must be obtained prior to any curb cut along S. H. 114. Case No. Attachment D ZA 08-093 Page 2 Surrounding Property Owners Morrison Office Park SPO # Owner Zoning Land Use Acreage 1. Bonola Family Ltd Prtnshp C3 Low Density Residential, Office Commercial 1.15 2. Bonola Family Ltd Prtnshp C3 Low Density Residential, Office Commercial 1.26 3. Austin Oaks Homeowners Assn C1 Office Commercial 0.21 4. 168 Venture No 111 C1 Office Commercial 0.59 5. 168 Venture No 111 C3 Office Commercial 0.96 6. Morrison Group Inc The SP2 Low Density Residential, Office Commercial 6.21 7. J & M Partners Ltd AG Low Density Residential, Office Commercial 8.66 Case No. Attachment E ZA 08-093 Page 1 Surrounding Property Owner Responses Morrison Office Park Notices Sent: Seven (7) Responses Received: One (1) 1) Bonola Family Ltd Partnership, 2370 N. Pearson Ln., Westlake, TX Notification ; Submitted a Opposed To Response Form stating on October 7, 2008 (attached). Case No. Attachment F ZA 08-093 Page 1 Case No. Attachment F ZA 08-093 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-491a 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 TRACT 1A, SITUATED IN THE S. FREEMAN SURVEY, ABSTRACT NO. 525; AND BEING 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE LIMITED “C-3” GENERAL COMMERCIAL DISTRICT USES TO “S-P- 2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE LIMITED “C-3” GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Attachment G ZA08-093 Page 1 WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan District with “O-1” Office District uses to include limited “C-3” General Commercial District uses 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 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, Case No. Attachment G ZA08-093 Page 2 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. 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 Case No. Attachment G ZA08-093 Page 3 amended as shown and described below: Being Tract 1A, situated in the S. Freeman Survey, Abstract No. 525, and being approximately 6.19 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District with “O-1” Office District uses to include limited “C-3” General Commercial District t to “S-P-2” Generalized Site Plan District with “O-1” Office District uses and limited “C-3” General Commercial District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. Accepting the “O-1” Office District uses and development regulations to include the following “C-3” General Commercial District uses on Lot 7 only: a. restricting the C-3 General Commercial uses to plumbing fixture showroom and related furnishings only; b. Carports as shown on the site plan and included elevation for Lot 1 shall be permitted as an accessory use. Accepting the proposed development regulation allowing a front setback along the 2. proposed street to be not less than ten (10) feet; 3. Front Yard Setback Lot 7 Adjacent to SH114 – Not less than 35 feet 4. Accepting the proposed development regulation allowing a maximum overall impervious 55% 58% coverage not to exceed ; however, individual lots may not exceed 85%; 5. Accepting the proposed development regulation allowing bufferyards along interior lot lines not be required; 6. Accepting the proposed development regulation allowing the west portion of the front bufferyard be encroached by the common access drive; 7. Accepting the proposed development regulation allowing a parking ratio of 1 space per 300 square feet for Lot 7; 8. Accepting the proposed development regulation allowing the trash receptacle located on Lot 2 to be located in the front yard; 9. Accepting the proposed development regulation allowing a total of 3 trash receptacles to be permitted for the development; 10. Accepting the proposed development regulation allowing the architectural style of each building within the development to respect the elevations provided and conveyed with the Concept Plan; 11. Accepting the proposed development regulation allowing the north boundary fencing to be maintained as a 6-foot iron fence; 12. Granting the requested variance allowing a 40 foot R.O.W. width; Case No. Attachment G ZA08-093 Page 4 13. Granting the requested variance allowing driveway stacking depths of 13 feet and 12.5 feet; 14. Granting the requested variance allowing interior landscape requirements to be equally distributed throughout the development; 15. Accepting the applicant’s willingness to comply with the following: a. No loading dock; b. Save trees per exhibit presented; c. Require boring to protect trees; d. Increase detaining pond capacity; 16. Subject to the elevations for the dumpster and retaining wall as presented; 17. Requiring an 8-foot masonry wall along the residential lots up to the common area; 18. Accepting the applicant’s agreement to place a Superior Concrete Fence along the neighbors’ houses similar to the one at the Mira Vista development shown in tonight’s presentation and will continue to maintain the fence at the applicant’s cost; 19. Requiring a utility stub-out to the north property; 20. Subject to the lighting plan; 21. Subject to staff review of utility considerations as provided in the presentation; 22. Subject to the building materials (roof tile, shutters, wrought iron) as described in the architectural plans; 23. Subject to the following comments in the Concept Plan Review Summary No. 4, dated July 12, 2006: a. Based on the parking calculations, no medical office uses shall be permitted in the development. Sufficient parking must be provided per individual lot unless a written agreement is properly executed and filed as outlined in the Comprehensive Zoning Ordinance No. 480, as amended (Sec 35.2.b). A copy of the agreement must be provided to the City prior to receiving building permits. b. The following changes are needed regarding fire lanes:  Identify and label all proposed fire lanes. Fire lanes must meet hose- lay coverage requirements. Fire lanes are required to be 24’ in width and a minimum interior radius of 30’.  If a fire lane is required between lots, relocate lot lines so that the fire Case No. Attachment G ZA08-093 Page 5 lane is not split down the middle. Splitting fire lanes should be minimized as much as possible so that maintenance responsibilities are clearly defined. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment G ZA08-093 Page 6 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment G ZA08-093 Page 7 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 fifteen (15) 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. 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 1st reading the day of , 2008. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2008. ________________________________ MAYOR ATTEST: Case No. Attachment G ZA08-093 Page 8 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA08-093 Page 9 EXHIBIT “A” Being Tract 1A, situated in the S. Freeman Survey, Abstract No. 525, being approximately 6.19 acres. Case No. Attachment G ZA08-093 Page 10 EXHIBIT “B” (Reserved for Approved S-P-2 zoning letter) Case No. Attachment G ZA08-093 Page 11 CONCEPT PLAN Case No. Attachment G ZA08-093 Page 12 Tree Survey Case No. Attachment G ZA08-093 Page 13 Landscape & Lighting Plan Case No. Attachment G ZA08-093 Page 14 Proposed Typical Lighting Case No. Attachment G ZA08-093 Page 15 Conceptual Renderings Case No. Attachment G ZA08-093 Page 16 Case No. Attachment G ZA08-093 Page 17 Case No. Attachment G ZA08-093 Page 18 Case No. Attachment G ZA08-093 Page 19 Superior Fencing Examples – Mira Vista development Case No. Attachment G ZA08-093 Page 20