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Item 7A Department of Planning & Development Services S T A F F R E P O R T September 10, 2008 ZA08-031 CASE NO: Zoning Change andDevelopment Plan for Carillon PROJECT: REQUEST: Hines Southlake Land L.P. is requesting approval of a zoning change and development plan for a ± 285 acre mixed use development at the northeast corner of E. State Highway 114 and N. White Chapel Boulevard. The Existing Zoning is NR-PUD Non- Residential Planned Unit Development and C-2 Local Retail Commercial District. The initial plan presented to the Planning and Zoning Commission and City Council proposed approximately 500,000 square feet of retail, 600,000 square feet of office, 455 single family residential units and 66 acres of open space on 285 acres. Following the last hearing at City Council the proposed residential units has been reduced from the 455 units to a maximum of 417 units. The residential district has been modified on the plan by eliminating a minimum of 32 Maison units, 7 of the 90’ x 130’ Chateaux units and all 44 of the 40’ x 110’ villa units. Additionally the applicant has proposed an optional or alternate plan for the Plaza District retail area that would allow for restaurant pad development along the White Chapel Boulevard frontage, would and reorient the hotel behind a retail building along street A and would develop retail pads closer to the south frontage of Kirkwood Boulevard. Modifications to the Employment Center Zoning district are proposed for block sizes/lengths, orientation of building facade street frontage, orientation of off-street parking to street frontages and intersections and to allow one residential cul-de-sac. A variance to the driveway ordinance to allow driveway stacking depths as shown on the plan is also requested. See attachment “C” for links to the original development plan, the plan presented to City Council on August 19, 2008 and current development plan showing the residential configuration and the optional retail Plaza District design. Consider first reading for the zoning and development plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to Staff Presentation Link to Carillon Zoning and Development Plan Booklet Link to Revised Development Plan Link to optional/Alternative Development Plan (D) Development Plan Review Summary No. 5 dated September 10, 2008, 2008 (E) Surrounding Property Owners Map Case No. ZA08-031 (F) Surrounding Property Owners Responses (G) Ordinance No. 480-564 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA08-031 BACKGROUND INFORMATION OWNER: Hines Southlake Land L.P. APPLICANT: Hines Southlake Land L.P. PROPERTY SITUATION: The property is located at the northeast corner of SH 114 and N. White Chapel Boulevard. LEGAL DESCRIPTION: Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3B2, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. LAND USE CATEGORY: Mixed Use HISTORY: -The City Council approved a zoning change request and concept plan to “NR- PUD” on May 20, 1997. -The City Council approved a zoning change and concept plan on December 18, 2001, requiring a 300’ setback on Carroll Avenue, subject to City Council discretion. The purpose of the zoning change and concept plan was to incorporate newly acquired tracts of land into the existing “NR-PUD”, revise parcel boundaries and permitted uses within the district CURRENT ZONING: NR-PUD Non-Residential Planned Unit Development District and C-2 Local Retail Commercial District TRANSPORTATION ASSESSMENT: See Traffic Impact Analysis Link- Traffic Impact Analysis TIA Addendum dated 6-2-08 East State Highway 114 is a six lane, limited access highway with three lane frontage roads on either side. May, 2007 traffic counts on S.H. 114 frontage roads (between N. Carroll Ave and Highland St.) West Bound East Bound 24hr 776 806 A.M Peak 5790 () 8:15 – 9:15 () 8:00 – 9:00 P.M. Peak 9281 () 2:45 – 3:45 () 2:45 – 3:45 May, 2007 traffic counts on S.H. 114 frontage roads (between Highland St. and N. White Chapel Blvd.) West Bound East Bound 24hr 830 864 A.M Peak 6372 () 8:00 – 9:00 ()11 :00 – 12:00 P.M. Peak 10683 () 2:45 – 3:45 () 5:15 – 6:15 Case No. Attachment A ZA08-031 Page 1 May, 2007 traffic counts on N. Carroll Ave. (between S.H. 114 and Highland St.) North Bound South Bound 24hr 3347 3174 A.M Peak 271286 () 7:45 – 8:45 () 7:45 – 8:45 P.M. Peak 339287 () 3:00 – 4:00 () 3:30 – 4:30 May, 2007 traffic counts on N. White Chapel Blvd. (between S.H. 114 and Dove Road) North Bound South Bound 24hr 2053 2217 A.M Peak 209222 () 8:00 – 9:00 () 7:45 – 8:45 P.M. Peak 184213 () 3:15 – 4:15 () 3:15 – 4:15 Traffic Impact: Source: Traffic Impact Analysis City staff will provide an overview of the traffic impact analysis with the presentation of this item. WATER & SEWER: There is an existing 20” water line along the east side of White Chapel Boulevard. There is an existing 12” water line along the west side of N. Carroll Avenue. There is an existing 6” water line along the northeast boundary of the property extending west from N. Carroll Avenue. Sewer connections will be to an existing 15” line to the east Case No. Attachment A ZA08-031 Page 2 along N. Carroll Ave, to an existing 12” line along the southeast boundary of the property, and to an existing 10” sewer line to the north along Canyon Park Drive. . SOUTHLAKE 2025: Consolidated Land Use Plan Recommendations The underlying land use designation is Mixed Use and Floodplain and the optional land use designation is Employment Center – 1, 2 & R. The proposed development is generally consistent with EC-1, 2 & R designation. The purpose of the Employment Center (EC) land use designation is to provide for a comprehensive set of design standards and guidelines for the development of the City’s premier corridor – the S.H. 114 Corridor. (See the appendix for specific form standards.) The EC land use category is intended for a continuum of development from the highest intensity mixed use development immediately adjacent to the highway to the lowest intensity residential uses adjacent to existing neighborhoods. The EC land use category shall be applied to contiguous properties that are a minimum of 75 acres. To address this desired intensity gradient of development, the EC land use category is further defined into three (3) sub-categories – EC-1,EC-2, and EC-Residential (EC-R) categories. Environmental Resource Protection Recommendations There is a long strip of tree cover designated for open space preservation running diagonal (northwest-southeast) across the property with some short strips extending to the northeast, to the south central and southwestern portions of the property. The southeastern portion n of the property is located in the 100 Year Floodplain. The flood plain area along with some of the identified tree coverage areas are designated in open space in the proposed development plan. Wildlife corridors are recommended to connect the parks throughout the development. Native and drought-tolerant landscaping is encouraged throughout the development. Although not all of the recommended Tree Cover/Open Space preservation areas are being preserved, one the densest areas of tree cover on the site has been designated as an Environmental Preserve and a Neighborhood Park. Additional parks are provided throughout the development. Mobility & Master Thoroughfare Plan Recommendations East State Highway 114 runs along the southern boundary and is designated as a 300- foot to 500-feet of right-of-way. Adequate right-of-way exists for this roadway; N. White Chapel runs along the western boundary and is designated an A4D 88’ Case No. Attachment A ZA08-031 Page 3 Arterial. Additional ROW is required for this section. The majority of this road exists as only a 2 lane undivided bar-ditch roadway; N. Carroll Avenue runs along the eastern boundary is designated as an A4D 88’ Arterial. Additional ROW is required for this section. The majority of this road exists as only a 2 lane undivided bar-ditch roadway; A section of future E. Kirkwood Boulevard extends diagonally through this property from N. White Chapel Boulevard to E. Highlands Street. Kirkwood Boulevard is designated as an A4D 100’ Arterial. This roadway does not currently exist and would need to be dedicated and constructed with this development. Southlake Pathways Plan An 8 foot to 10 foot multi-use trail is required along the East State Highway 114 westbound frontage road per the Pathways Plan. A minimum 8 foot hike & bike trail is designated along the north boundary of E. Kirkwood Boulevard. Minimum 5 foot sidewalks are required along N. Carroll Ave. & N. White Chapel Boulevard. The proposed development plan appears to comply with the Master Pathways Plan and sidewalk requirements. Urban Design Plan Preserve existing view corridors where appropriate. Tree stands along the highway should be preserved when they terminate views from the highway. In order to maximize regional access and limit the impact of strip retail development, retail and restaurant development should be concentrated at interchanges in 1-2 storey buildings with higher intensity office and institutional uses at mid block locations. Establish appropriate scale and bulk standards for buildings along the highway, specifically at mid-block locations. Buildings should be 4 – 6 stories tall and step down as they move away from the highway corridor. Buildings over three stories should be articulated along the first three floors. Materials on the lower floors should be brick, stone or other approved masonry. Low-profile, single storey pad buildings that tend to blend into the background and have limited visibility from the highway are discouraged. All windows on buildings should be vertically oriented and be articulated with a 4- inch reveal to avoid solid, flat walls, and to create shadow lines and surface texture. Glass curtain walls and facades with more than 60% glass along any elevation shall be discouraged. Along retail store fronts, 1’ – 2’ high knee walls shall limit the amount of glass along each façade visible from public streets. The view of surface parking from the highway should be limited. Surface parking lots should be designed to be in smaller pods (no more than 200 parking spaces) with increased landscaping and pedestrian access ways. Specifically, shared parking is also encouraged between adjoining complementary land uses. Case No. Attachment A ZA08-031 Page 4 Master planning of larger tracts or multiple tracts is encouraged over piece-meal development. In addition, the master plan applications should include all the elements of the built environment such as building design, site design, wayfinding and building signage, landscaping, treatment of natural features, bridges, streets, street lighting, etc. Every effort should be made to incorporate recommended urban design elements into the project design. P&Z ACTION: June 5, 2008; Approved to table until July 17, 2008. July 17, 2008; Approved to table until August 7, 2008. August 7, 2008; Approved (5-0) subject to Site Plan Review Summary No. 3, dated allowing a block size of 400 feet to 800 feet in the EC-Core and 500 May 30, 2008, feet to 1000 feet in the EC-Edge and allowing parking lots adjacent to street intersections in the Plaza District and Corporate District. COUNCIL ACTION: August 19, 2008; Approved to Table (6-0) until September 16, 2008. STAFF COMMENTS: Site Plan Review Summary No. 5 dated September 10, 2008 is attached. N:\Community Development\MEMO\2008cases\031 - DP - Carillon Southlake\Staff Report\08-031ZDP_CC 9-16.doc Case No. Attachment A ZA08-031 Page 5 Case No. Attachment B ZA08-031 Page 1 Link to Staff Presentation Link to Carillon Zoning and Development Plan Booklet Link to Revised Development Plan Link to optional/Alternative Development Plan Case No. Attachment D ZA08-031 Page 0 DEVELOPMENT PLAN REVIEW SUMMARY ZA08-031Five09/10/08 Case No.: Review No.: Date of Review: Zoning andDevelopment Plan Project Name: – Carillon Southlake APPLICANT: ARCHITECT/ENGINEER: Hines – Jeff Kennemer Jacobs Carter Burgess – Emily Drake 5215 N. O’Connor Blvd., Suite 635 7950 Elmbrook Dr. Irving, TX 75039 Dallas, TX 75247 P: (972)716-2917 P: (214)638-0145 F: (972)869-5097 F: (214)638-0447 E: jeff_kennemer@hines.com 09/08/08 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT PLAN 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. General Comments 1. The applicant requests the following modifications to the EC district design standards: a. Under “4.0 Block and Lot Standards”, the required block size is 500 feet to 800 feet in the EC- The applicant is requesting a modification Core and 500 feet to 1000 feet in the EC-Edge. to allow a block size of 400 feet to 800 feet in the EC-Core and 500 feet to 1000 feet in the EC-Edge, as shown on the plan. b. Off-street parking shall be located at the side or rear of the building in the EC district. Parking lots in the ECZ District may not be adjacent to a street intersection nor exceed 50% of the block length along arterial, collector or highway frontage roads. Additionally 50% of the building façade shall be The applicant is requesting a modification to oriented along these types of street frontages. this requirement to allow parking lots adjacent to street intersections in the Plaza District and Corporate District and along the SH 114 and Kirkwood Boulevard frontages as shown on the plan. c. Cul-de-sacs are prohibited in the ECZ District unless natural features such as topography or The applicant is requesting a modification to this stream corridors prevent a street connection. requirement to allow 1 cul-de-sac in the development. A variance is requested to allow driveways as 2. The required Driveway stacking distance is 150’. shown on the plan. The minimum stacking shown is approximately 30 feet. 3. The alternative plan should insure that streetscapes, pedestrian oriented walking environment: and maximum building setbacks (30 feet or less) preserved. 4. Correct any discrepancies in data summaries and regulations following changes made to the current plan. Additionally, the alternative development plan should be accompanied by a corresponding rendering that represents the intended building massing, streetscapes and typical plaza or outdoor sitting/ dining areas The data for the overall and the sub-districts do not appear to sum correctly. Case No. Attachment D ZA08-031 Page 1 TREE CONSERVATION COMMENTS: The following are review comments provided by Landscape Administrator Keith Martin (817)748-8229: 1. Most all of the existing trees in the western portion of the property are mature Post Oaks, Blackjack Oaks, Pecan and American Elm. There is one Pecan tree that may be a contender to be certified in the Dallas-Ft. Worth Big Tree Registry, and there are several other Blackjack Oaks within the proposed right-of-way of Kirkwood Blvd. that may be large enough to be certified and registered. 2. Please ensure that grading in areas of existing trees that are proposed to be preserved is limited to the outskirts of the critical-root-zone areas of the trees intended to be preserved. Also ensure that the drainage of the areas is not compromised by any grading around the areas. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Analysis/Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Analysis/Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures, grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Engineering Comments GENERAL COMMENTS: * Use the City of Southlake GPS monuments whenever possible. EASEMENTS: 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. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. * Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All utility lines in easements or ROW must be constructed to City standards. WATER COMMENTS: 1. For single family residences, hydrants shall be spaced a maximum of 400 linear feet apart for unsprinklered and 600 linear feet for sprinklered residences. 2. For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet apart, or 600 linear feet if buildings are sprinklered. * Water lines cannot cross property lines without being in an easement or ROW. * There is a 12-inch diameter waterline located along Carroll Avenue and a 20-inch diameter waterline located along White Chapel Avenue to serve this development. * The water meters must be located in an easement or right-of-way. SANITARY SEWER COMMENTS: 1. The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public sanitary system line that is built to City standards. 2. The proposed sewer line must be located in the parkway - not under pavement, except for crossings. * All sewer lines in easements or ROW must be constructed to City standards. * There is a trunk sewer line located between S.H. 114 and Carroll Avenue to serve a portion of this development. There alos appears to be a 10-inch diameter sewer line located in Canyon Park Street Case No. Attachment D ZA08-031 Page 2 that could serve a portion of this development. * An existing 8” sewer line exists on the west side of Shady Oaks Drive DRAINAGE COMMENTS: 2. Provide a grading plan which includes drainage arrows and 2’ contours. Contours may be obtained from the City of Southlake. 3. Show the limits of the floodplain. 4. The difference between pre and post development runoff shall be captured in the detention pond(s). The proposed detention ponds shall control the discharge of the 5, 10 and 100 year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of the detention pond. 5. This site has been identified as a regional storm water detention location in the City’s Master Drainage Plan. Please locate the required detention facility or describe alternate methods used to achieve the required detention of storm water flow. 6. Verify that the size, shape, and/or location of the detention pond, as depicted on the site/concept/development plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. * This property drains into a Critical Drainage Structure and requires 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. ENGINEERING INFORMATIONAL COMMENTS: * Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. * An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM 1938 or SH 114. Submit application and plans directly to TxDOT for review. * 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. * A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. General Informational Comments * A SPIN Meeting for this development was held at 6:00PM on April 14, 2008 in Southlake Town Hall. * 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. Case No. Attachment D ZA08-031 Page 3 *` Please Contact Chris Tribble with the Southlake Parks Department regarding parking planning (817) 748-8021. Any public park dedication and/or any park dedication credits for private parks and improvements must have a recommendation from the City’s Parks and Recreation Board prior to consideration by the City Council. If public park dedication is to be made by plat, a recommendation is needed prior to consideration of the plat. * 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, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes informational comment. Case No. Attachment D ZA08-031 Page 4 Traffic Impact Analysis Review Case No. Attachment D ZA08-031 Page 5 Traffic Impact Analysis Review Case No. Attachment D ZA08-031 Page 6 Traffic Impact Analysis Review Case No. Attachment D ZA08-031 Page 7 Surrounding Property Owners Carillon Southlake SPO # Owner Zoning Land Use Acreage 1. Jack, Hayden RPUD Medium Density Residential 0.41 2. Johnson, Jay B RPUD Medium Density Residential 0.36 3. Esparza, Lisa & Ismael RPUD Medium Density Residential, Mixed Use 0.36 4. Swieter, Kenneth James RPUD Medium Density Residential, Mixed Use 0.36 5. 4F Development Lp RPUD Medium Density Residential 0.48 6. Roque Custom Homes Inc RPUD Medium Density Residential 0.37 7. Roque Custom Homes Inc RPUD Medium Density Residential, Mixed Use 0.34 8. Duhon, M Shawn Etux Christie RPUD Medium Density Residential, Mixed Use 0.34 9. Clairmark Homes Inc RPUD Medium Density Residential, Mixed Use 0.36 10. Randall Garrett Homes Inc RPUD Medium Density Residential, Mixed Use 0.35 11. 4F Development Lp RPUD Medium Density Residential, Mixed Use 0.51 12. Skinner Custom Homes Inc RPUD Medium Density Residential, Mixed Use 0.45 13. Chateaumar Homes Inc RPUD Medium Density Residential, Mixed Use 0.39 14. Garcia, Juan J Etux Jana RPUD Medium Density Residential, Mixed Use 0.39 15. Estes Park Hmo Assoc Inc RPUD Medium Density Residential, Mixed Use 0.88 16. Mitcham, Brian C Etux Shelley RPUD Medium Density Residential, Mixed Use 0.42 Case No. Attachment E ZA08-031 Page 1 17. Vpg Investments Ltd RPUD Medium Density Residential, Mixed Use 0.44 18. Low Density Residential, Medium Density Monument Custom Homes LP RPUD Residential 0.43 19. Low Density Residential, Medium Density Casey, Chris & Diana RPUD Residential 0.37 20. Km Properties Inc RPUD Medium Density Residential 0.39 21. Estes Park Ltd RPUD Medium Density Residential 1.70 22. Bradford, Jay J Jr Etux Leigh RPUD Medium Density Residential 0.40 23. David Menzel Properties Inc RPUD Medium Density Residential 0.51 24. Palacio Properties Llc RPUD Medium Density Residential 0.42 25. 4F Development Lp RPUD Medium Density Residential 0.36 26. Starwood Custom Homes Lp RPUD Medium Density Residential 0.49 27. Starwood Custom Homes Lp RPUD Medium Density Residential 0.48 28. 4F Development Lp RPUD Medium Density Residential 0.51 29. Clairmark Homes Inc RPUD Medium Density Residential, Mixed Use 0.50 30. 4F Development Lp RPUD Medium Density Residential, Mixed Use 0.51 31. 4F Development Lp RPUD Medium Density Residential, Mixed Use 0.58 32. Psj Properties Ltd RPUD Medium Density Residential, Mixed Use 0.63 33. Flexer, David J Etux Karen J R RPUD Medium Density Residential, Mixed Use 0.87 34. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.34 35. Uddin, Mohammad Etux Atiya RPUD Low Density Residential, Mixed Use 0.34 36. Toll Dallas Tx LLC RPUD Low Density Residential, Mixed Use 0.35 37. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.36 38. 4F Development Lp RPUD Low Density Residential 0.34 39. Toll Dallas Tx LLC RPUD Low Density Residential, Mixed Use 0.46 40. 4F Development Lp RPUD Low Density Residential 0.41 41. Toll Dallas Tx LLC RPUD Low Density Residential 0.34 42. Mitchell, Ronnie RPUD Low Density Residential 0.39 43. 4F Development Lp RPUD Low Density Residential 0.38 44. 4F Development Lp RPUD Low Density Residential 0.44 45. 4F Development Lp RPUD Low Density Residential 0.38 46. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.39 47. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.36 48. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.36 49. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.35 50. 4F Development Lp RPUD Low Density Residential, Mixed Use 0.36 51. Saw Partners Lp SF30 Low Density Residential 0.91 52. Ascencio, Cristobal SF30 Low Density Residential, Mixed Use 0.72 53. Pailes, Nathan & Mary Pailes SF30 Low Density Residential, Mixed Use 0.70 54. Simpson, Charles Etux Kathleen SF30 Low Density Residential 0.71 55. Saw Partners Lp SF30 Low Density Residential 0.23 56. Thrasher, Imogene Est AG Low Density Residential, Mixed Use 1.18 57. Thasher, Wesley Etux Terri AG Low Density Residential, Mixed Use 1.85 58. Low Density Residential, Public/Semi- Carroll ISD CS Public, Office Commercial 14.12 59. Hight, Lance B SF1-A Low Density Residential 1.14 60. Maranan, Bernadette Etvir V SF1-A Low Density Residential 0.99 61. Barnard, Joseph M SF1-A Low Density Residential 1.02 62. Toups, Tommie Etux Sharon SF1-A Low Density Residential 0.99 63. Nguyen, Ashley Etvir Cuong Duc SF1-A Low Density Residential 1.01 64. Fore, Stan Etux Lisa SF1-A Low Density Residential 0.96 65. Low Density Residential, Public/Semi- Lawler, Richard SF1-A Public 1.24 Case No. Attachment E ZA08-031 Page 2 66. Low Density Residential, Public/Semi- Hix, Larry Etux Brenda SF1-A Public 1.07 67. 100-Year Flood Plain, Low Density Davis, Darryl SF1-A Residential 1.80 68. 100-Year Flood Plain, Low Density Purvis, William E SF1-A Residential 1.29 69. 100-Year Flood Plain, Low Density Murphy, James L Etux Rita J SF1-A Residential 1.90 70. Low Density Residential, 100-Year Flood Ensenberger, C J & Elaine P SF1-A Plain 2.58 71. Low Density Residential, 100-Year Flood Lay, Rob Etux Jennie Hocking SF1-A Plain 1.70 72. Low Density Residential, 100-Year Flood Williams, Marvin Etux Fabrienn SF1-A Plain 2.01 73. Smiley, Gregory W & J Smiley SF20A Low Density Residential 0.61 74. Heath, George F Etux Lou Ann AG Low Density Residential 0.41 75. Cercone, Albert B AG Low Density Residential 0.27 76. Mills Custom Homes Lp SF30 Low Density Residential 0.97 77. Grant, Janice L AG Low Density Residential 0.37 78. Medium Density Residential, Low Density Morris, Louis M Etux Leslie AG Residential 0.96 79. Burgess, Derrell & Martha Jo AG 100-Year Flood Plain, Mixed Use 7.32 80. Boudreaux, James Thomas AG 100-Year Flood Plain 0.91 81. 100-Year Flood Plain, Mixed Use, Office D/Fw-Hwy 114/Highlands Ltd AG Commercial 3.88 82. D/Fw-Hwy 114/Highlands Ltd AG 100-Year Flood Plain, Office Commercial 6.25 83. D/Fw-Hwy 114/Highlands AG 100-Year Flood Plain 2.17 84. Mixed Use, 100-Year Flood Plain, Mixed Chang, Chin J & Wanda AG Use 2.23 85. Oscar Wolfe Family Cemetery CS 100-Year Flood Plain 0.15 86. 100-Year Flood Plain, Mixed Use, Office Highland Group Jv C3 Commercial 12.16 87. Heath, George F Etux Lou Ann AG Low Density Residential 0.20 88. Pamorama Properties Ltd SF1-A Low Density Residential, Mixed Use 1.71 89. Hopkins Dallas Properties Ltd C2 <null> 0.85 90. Zvonecek, Brian C2 Mixed Use, Retail Commercial 1.64 91. Birchfield, Sandra E AG Low Density Residential 0.86 92. Shivers Family Ptnrship Ltd AG Retail Commercial 39.54 93. Shivers, Jeroll Etux Frances AG Mixed Use, Retail Commercial 1.20 94. Westerra Southlake LP NRPUD Mixed Use, Retail Commercial 39.22 95. Kidwell, Stephen C C2 Mixed Use 4.02 96. Westerra Southlake LP NRPUD Retail Commercial 0.93 97. Westerra Southlake LP NRPUD Retail Commercial 0.13 98. Westerra Southlake LP NRPUD Retail Commercial 3.62 99. Westerra Southlake LP NRPUD Retail Commercial 0.74 100. Westerra Southlake LP NRPUD Retail Commercial 19.00 101. Westerra Southlake LP NRPUD Retail Commercial 19.00 102. Westerra Southlake LP NRPUD Retail Commercial 5.06 103. Westerra Southlake LP NRPUD Retail Commercial 35.62 104. Westerra Southlake LP NRPUD Retail Commercial 40.67 105. Westerra Southlake LP NRPUD Retail Commercial 56.27 106. Westerra Southlake LP NRPUD Retail Commercial 99.19 Case No. Attachment E ZA08-031 Page 3 Surrounding Property Owner Responses Carillon Southlake Notices Sent: One-Hundred and Six (106) Twenty-six (26) Responses Received Within 200 Feet: Estes Park Ltd (21), Notification 1) 395 W. Northwest Pkwy., Ste. 300, Southlake, TX; Submitted a In Favor Of Response Form stating on May 4, 2008 (attached). C J & Elaine P Ensenberger (70) Notification 2) , 1505 N. Carroll Ave., Southlake, TX; Submitted a Opposed To Response Form stating on May 27, 2008 (attached). Shivers Family Partnership LTD (92) 3) , 1800 N. White Chapel Blvd., Southlake, TX; Submitted a Opposed To Notification Response Form stating on May 30, 2008 (attached). Imogene Thasher Estate (56), 4) 1975 N. White Chapel Blvd., Southlake, TX; Submitted a Opposed To Notification Response Form stating on June 3, 2008 (attached). Wesley & Terri Thasher (57) 5) , 1965 N. White Chapel Blvd., Southlake, TX; Submitted a Opposed To Notification Response Form stating on June 3, 2008 (attached). Stan & Lisa Fore (64), Notification Response 6) 1101 Bay Meadows Dr., Southlake, TX; Submitted a Opposed To Form stating on June 3, 2008 (attached). Lisa & Ismael Esparza (3), Notification Response 7) 645 Boulder Dr., Southlake, TX; Submitted a Opposed To Form stating on June 5, 2008 (attached). Jeroll & Francis Shivers (93), 8) 1800 N. White Chapel Blvd., Southlake, TX; submitted a Opposed To Notification Response Form stating on June 5, 2008 (attached). George F. & Lou Ann Heath (74 & 87), 9) 1100 Primrose Ln., Southlake, TX; submitted a Opposed To Notification Response Form stating on June 5, 2008 (attached). Charles & Kathleen Simpson (54), Notification 10) 104 Brentwood Cir., Southlake, TX; Submitted a Undecided About Response FormNotification stating on June 5, 2008 (attached). Submitted a Opposed To Response Form stating on August 1, 2008 (attached). Mohammad & Atiya Uddin (35), Notification 11) 305 Boulder Dr., Southlake, TX; Submitted a In Favor Of Response Form stating on June 5, 2008 (attached). Tommie & Sharon Toups (62), Notification 12) 1104 Bay Meadows Dr., Southlake, TX; Submitted a In Favor Of Response Form stating on June 5, 2008 (attached). Brian Zvonecek (90), Notification Response Form 13) P.O. Box 93654., Southlake, TX;Submitted a In Favor Of stating on June 11, 2008 (attached). Saw Partners Lp (Brentwood HOA) (55) 14) , 120 Brentwood Cir., Southlake, TX; Submitted a Opposed To Notification Response Form stating on August 1, 2008 (attached). Saw Partners LP (Glenn & Susan Jost) (51), 15) 116 Brentwood Cir., Southlake, TX; Submitted a Opposed To Notification Response Form stating on August 1, 2008 (attached). Case No. Attachment F ZA08-031 Page 1 Nathan & Mary Pailes (53), Notification 16) 108 Brentwood Cir., Southlake, TX; Submitted a Opposed To Response Form stating on August 6, 2008 (attached). Ashley & Cuong Nguyen (63) Notification 17) , 1100 Bay Meadows Dr., Southlake, TX; Submitted a Opposed To Response Form stating on August 7, 2008 (attached). Cristobal & Gisela Ascencio (52), Notification 17) 112 Brentwood Cir., Southlake, TX; Submitted a Opposed To Response Form stating on August 13, 2008 (attached). Sandra E. Birchfield (91), Notification 18) 1715 N. Carroll Ave., Southlake, TX; Submitted a Opposed To Response Form stating on August 13, 2008 (attached). Marvin Williams (72), Notification Response 19) 1525 N. Carroll Ave., Southlake, TX; Submitted a Opposed To Form stating on August 13, 2008 (attached). Robin Lawler (65), Notification Response 20) 1201 Whispering Lane, Southlake, TX; Submitted a Opposed To Form stating on August 13, 2008 (attached). Jennie Hocking & Rob Lay (71), Notification 21) 1515 N. Carroll Ave., Southlake, TX; Submitted a Opposed To Response Form stating on August 13, 2008 (attached). Jim Boudreaux (80), Notification Response 22) 1510 N. Carroll Ave., Southlake, TX; Submitted a Opposed To Form stating on June 4, 2008 (attached) and submitted additional opposition response on August 13, 2008 (attached). Lance & Rhonda Hight (59), Notification 23) 1709 N. Carroll Ave., Southlake, TX; Submitted a Opposed To Response Form stating on August 13, 2008 (attached). Viladeth & Bernadette Sanouvong (60), 24) 1101 Del Mar Drive, Southlake, TX; Submitted a Opposed To Notification Response Form stating on August 13, 2008 (attached). Darryl Davis (67),Opposed To 25) 1404 Whispering Dell Ct., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Pamorama Properties Ltd. (Ken & Chantay Brown) (88), 26) 2005 N. White Chapel Blvd., Southlake, Opposed To TX; Submitted notice stating on August 19, 2008 (attached). Responses Received Outside 200 Feet: Sixty-Five (65) 1) Krystal PorterOpposed To , 285 E. Dove Rd., Southlake, TX; Submitted notice stating on April 14, 2008 (attached). 2) Prabhudas & Kanta Patel, Opposed 101 Brentwood Circle, Southlake, TX;Submitted notice stating To on August 1, 2008 (attached). 3) Michael & Audrey Conley, Opposed 100 Brentwood Circle, Southlake, TX;Submitted notice stating To on August 11, 2008 (attached). 4) Keith & Barbara Houser, Trustees, 1219 Whispering Lane, Southlake, TX; Submitted notice stating Opposed To on August 13, 2008 (attached). Case No. Attachment F ZA08-031 Page 2 John & Beckie Underwood, 5) 1407 Whispering Dell Ct., Southlake, TX; Submitted notice stating Opposed To on August 13, 2008 (attached). Barry & Barbara Johnson, 6) 1408 Whispering Dell Ct., Southlake, TX; Submitted notice stating Opposed To on August 13, 2008 (attached). Patrick Whitfill, Opposed To 7) 1421 Whispering Dell Ct., Southlake, TX; Submitted notice stating on August 14, 2008 (attached). Payne Trust,Opposed To 8) 1213 Whispering Ln., Southlake, TX; Submitted notice stating on August 14, 2008 (attached). Pam Denton,Opposed To 9) 1204 Whispering Ln., Southlake, TX; Submitted notice stating on August 15, 2008 (attached). Paul Thorpe,Opposed To 10) 1221 Whispering Ln., Southlake, TX; Submitted notice stating on August 15, 2008 (attached). Dion & Kim Clancy,Opposed To 11) 1016 Alamo Dr., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Ann & D. Todd Parrish,Opposed To 12) 1313 Bay Meadows, Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Richard & Joan GrueOpposed To 13) , 515 Fox Glenn, Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Larry & Anna-Lesa Dodson,Opposed To 14) 2602 Parker Ct., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). James & Karen Martz,Opposed 15) 1402 Whispering Dell Ct., Southlake, TX; Submitted notice stating To on August 18, 2008 (attached). Steve & Patty Vaughan,Opposed 16) 1405 Whispering Dell Ct., Southlake, TX; Submitted notice stating To on August 18, 2008 (attached). Clay & Kathy Smith,Opposed To 17) 1406 Whispering Dell Ct., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Bethann Scratchard,Opposed To 18) 1410 Whispering Dell Ct., Southlake, TX, Submitted notice stating on August 18, 2008 (attached). Fran Hutchins,Opposed To 19) 1412 Whispering Dell Ct., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). James B. & Jeannie R. Pawelczyk 20) , 1209 Whispering Ln., Southlake, TX; Submitted notice stating Opposed To on August 18, 2008 (attached) Jeff Pannell,Opposed To 21) 1418 Whispering Dell Ln., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Mark Lessor,Opposed To 22) 1325 Bay Meadows Dr., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Case No. Attachment F ZA08-031 Page 3 Jason & Paige Whitmire,Opposed To 23) 2012 Woodbine Cir., Southlake, TX; Submitted notice stating on August 18, 2008 (attached). Ryan & Dana Skelly,Opposed To 24) 1207 Del Mar Dr., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Ann & Philip Swanson,Opposed 25) 1420 Whispering Dell Ct., Southlake, TX; Submitted notice stating To on August 19, 2008 (attached). Robert C. Belcher,Opposed To 26) 1212 Bay Meadows Dr., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Steven C. Hastings,Opposed To 27) 1020 Alamo Dr., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Karen Whitaker, Opposed To 28) 505 Dan Juan Dr., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Betty Murray Springer,In Favor Of 29) 1024 Mission Dr., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Jere Francis, Opposed To 30) 1211 Ashmoore Ct., Southlake, TX; Submitted notice stating on August 19, 2008 (attached) and on August 28, 2008 (attached) . Liz ColinOpposed To 31) , 1345 Lakeside Dr., Southlake, TX; Submitted notice stating on August 19, 2008 (attached). Stephanie & Kevin HeinOpposed To 32) , 902 Mission Dr., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Tim & Meng Shen, Opposed To 33) 2105 Woodbine Cir., Southlake, TX; Submitted notice stating on Opposed To August 20, 2008 (attached) and Submitted notice stating on September 9, 2008 (attached) Tommy & Joni Ford, Opposed To 34) 1022 Alamo Dr., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Richard F. Trantham,Opposed To 35) 903 Mission Dr., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Gordon & Alicia Abram,Opposed To 36) 500 Ravenaux Dr., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Eliza Kang & Troy Barron,Opposed To 37) 508 Fox Gelnn, Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Jeff Pannell,Opposed To 38) 1418 Whispering Dell Ct., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Steven & Brandy Hyberger,Opposed To 39) 1111 Del Mar Dr., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Case No. Attachment F ZA08-031 Page 4 Dave & Beryl Van Brakel,Opposed 40) 1204 Bay Meadows Dr., Southlake, TX; Submitted notice stating To on August 20, 2008 (attached). DC & Whitney Tong,Opposed To 41) 1213 Ashmoore Ct., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Loren & Marina Sloane,Opposed 42) 1417 Bay Meadows Dr., Southlake, TX; Submitted notice stating To on August 20, 2008 (attached). Elizabeth & Marcel R. van Amerengen, 43) 1305 Bay Meadows Dr., Southlake, TX; Submitted notice Opposed To stating on August 20, 2008 (attached). Wayne & Nancy Moffat,Opposed 44) 1414 Whispering Dell Ct., Southlake, TX; Submitted notice stating To on August 20, 2008 (attached). Sipho & Tawanda Gumbo, 45) 1208 Bay Meadows Dr., Southlake, TX; Submitted notice stating Opposed To on August 20, 2008 (attached). Mary & James Mertz, Opposed To 46) 2601 N. Carroll Ave., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Sid & Gloria Lorio, Opposed To 47) 1212 Ashmoore Ct., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Adrian & Skelly Church,Opposed To 48) 109 Brentwood Cir., Southlake, TX; Submitted notice stating on August 20, 2008 (attached). Arthur & Sarah Janes, Opposed 49) 1330 N. Peytonville Ave., Southlake, TX; Submitted notice stating To on August 22, 2008 (attached). Ross & Vicki Ryon,Opposed To 50) 506 Fox Glenn, Southlake, TX; Submitted notice stating on August 26, 2008 (attached). Dean & Sharon Ridenove,Opposed To 51) 508 San Juan Dr., Southlake, TX; Submitted notice stating on August 26, 2008 (attached). Jin Liu & Jun Chen,Opposed To 52) 1106 Del Mar Dr., Southlake, TX; Submitted notice stating on September 2, 2008 (attached). Tim Shen,Opposed To 53) 2900 Sweet Briar, Grapevine, TX; Submitted notice stating on September 9, 2008 (attached). JT Dava Properties, LLC (Tim Shen), 54) 308 Dove Creek Trl., Southlake, TX; Submitted notice stating Opposed To on September 9, 2008 (attached). Don & Gala Scott,Opposed To 55) 1045 Carroll Meadows Ct., Southlake, TX; Submitted notice stating on September 9, 2008 (attached). Bruce & Kathryn Gleghorn,Opposed 56) 701 Castle Rock Dr., Southlake, TX; Submitted notice stating To on September 10, 2008 (attached). Mark & Angie Silagy,Opposed To 57) 510 Fox Glenn, Southlake, TX; Submitted notice stating on Case No. Attachment F ZA08-031 Page 5 September 10, 2008 (attached). Bill & Laurie Grabarkewitz,Opposed 58) 2162 Estes Park Dr., Southlake, TX; Submitted notice stating To on September 10, 2008 (attached). Sandra E. Birchfield,Opposed To 59) 1715 N. Carroll Ave., Southlake, TX; Submitted notice stating on September 10, 2008 (attached). Neil J. McNabnay,Opposed To 60) 1717 Main St., Ste. 5000, Southlake, TX; Submitted notice stating on September 10, 2008 (attached). Ronald & Renee Lorenz,Opposed To 61) 1208 St. Emilion Ct., Southlake, TX; Submitted notice stating on September 10, 2008 (attached). Ken Phillips,of concern(s) 62) 301 Commerce St., Ste. 1900, Dallas, TX; Submitted notice on September 10, 2008 (attached). Dan Belmont,of concern(s) 63) 642 Castle Rock Dr., Southlake, TX; Submitted notice on September 10, 2008 (attached). Harvey Holden (DFW Airport),of concern(s) 64) DFW Airport, TX; Submitted notice on September 10, 2008 (attached). David Webb,of concern(s) 65) 1855 E. Dove Rd., Southlake, TX; Submitted notice on September 10, 2008 (attached). Case No. Attachment F ZA08-031 Page 6 Within 200’ Buffer: Twenty-Six (26) Case No. Attachment F ZA08-031 Page 7 Case No. Attachment F ZA08-031 Page 8 Case No. Attachment F ZA08-031 Page 9 Case No. Attachment F ZA08-031 Page 10 Case No. Attachment F ZA08-031 Page 11 Case No. Attachment F ZA08-031 Page 12 Case No. Attachment F ZA08-031 Page 13 Case No. Attachment F ZA08-031 Page 14 Case No. Attachment F ZA08-031 Page 15 Page 1 of 3 Case No. Attachment F ZA08-031 Page 10 Page 2 of 3 Case No. Attachment F ZA08-031 Page 10 Page 3 of 3 Case No. Attachment F ZA08-031 Page 11 Case No. Attachment F ZA08-031 Page 12 Case No. Attachment F ZA08-031 Page 12 Case No. Attachment F ZA08-031 Page 15 Case No. Attachment F ZA08-031 Page 16 Case No. Attachment F ZA08-031 Page 17 Case No. Attachment F ZA08-031 Page 18 Case No. Attachment F ZA08-031 Page 19 Case No. Attachment F ZA08-031 Page 20 Case No. Attachment F ZA08-031 Page 21 Case No. Attachment F ZA08-031 Page 22 Case No. Attachment F ZA08-031 Page 23 Page 1 of 2 Case No. Attachment F ZA08-031 Page 23 Page 2 of 2 Case No. Attachment F ZA08-031 Page 24 Case No. Attachment F ZA08-031 Page 25 Case No. Attachment F ZA08-031 Page 26 Case No. Attachment F ZA08-031 Page 27 Case No. Attachment F ZA08-031 Page 27 Case No. Attachment F ZA08-031 Page 27 Outside 200’ Buffer: Sixty-Five (65) Case No. Attachment F ZA08-031 Page 28 Case No. Attachment F ZA08-031 Page 29 Case No. Attachment F ZA08-031 Page 30 Case No. Attachment F ZA08-031 Page 32 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Page 1 of 2 Case No. Attachment F ZA08-031 Page 33 Page 2 of 2 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 1 of 3 Case No. Attachment F ZA08-031 Page 33 2 of 3 Case No. Attachment F ZA08-031 Page 33 3 of 3 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 1 of 2 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 1 of 2 Case No. Attachment F ZA08-031 Page 33 2 of 2 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 1 of 2 Case No. Attachment F ZA08-031 Page 33 2 of 2 Case No. Attachment F ZA08-031 Page 33 Case No. Attachment F ZA08-031 Page 33 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-564 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, TRACTS 3 AND 4A1 SITUATED IN THE TEXAS BEING DESCRIBED AS A. CHIVERS SURVEY ABSTRACT NO. 299 AND TRACTS 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 SITUATED IN THE L. CHIVERS SURVEY ABSTRACT NO. 300, BEING APPROXIMATELY 285 ACRES , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT “C-2” LOCAL RETAIL COMMERCIAL DISTRICT DISTRICT AND TO “ECZ” EMPLOYMENT CENTER ZONING DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN AND INCLUDING THE USES AND 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 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 "NR-PUD" Non-Residential “C-2” Local Retail Commercial District under the City's Planned Unit Development District and 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, 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 amended as shown and described below: Tracts 3 and 4A1 situated in the A. Chivers Survey Abstract No. 299 and Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 situated in the L. Chivers Survey Abstract No. 300, being approximately 285 acres, and more fully and completely described in Exhibit "A" from "NR-PUD" Non-Residential Planned Unit Development District, “C-2” Local Retail Commercial District To “ECZ” Employment Center Zoning District as depicted on the approved development plan, including the uses and development standards attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 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. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 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: Case No. Attachment G 1 ZA08-031 Page _________________________________ CITY SECRETARY Case No. Attachment G 2 ZA08-031 Page PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G 3 ZA08-031 Page