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Item 7ACity of Southlake Department of Planning S T A F F R E P O R T February 14, 2007 ZA06-153 CASE NO: Zoning Change and Site Plan for proposed Southlake Professional Plaza PROJECT: REQUEST: Century Property Partners, LLC is requesting approval of a zoning change and site plan from “AG” Agricultural to “S-P-2” Generalized Site Plan district with “O-1” office district standards to develop a six (6) building office park on a 4.87 acre site on the south side of West Southlake Boulevard (F.M. 1709). The site is located approximately 700 feet east of the city limit line at Pearson Lane and Southlake Boulevard. The office park will consist of 5 medical and 1 general office buildings, each approximately 5,800 square feet, with a total square footage of 35,000. The proposed development will have its main access off of W. Southlake Boulevard with a shared access to the west and future shared access to the east. The following variance is requested:  Driveway spacing - A minimum spacing of 500 feet between driveway centerlines is required between full-access driveways and 381 feet is proposed. Consider first reading for zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary No. 6, dated February 13, 2007 (E) Surrounding Property Owners Map (F) Proposed Ordinance 480-513 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Jay Narayana (748-8070) Case No. ZA06-153 BACKGROUND INFORMATION OWNER/APPLICANT: Century Property Partners, LLC PROPERTY SITUATION: 3003, 3007, 3115, and 3117 W. Southlake Boulevard LEGAL DESCRIPTION: Tracts 4A1, 4A3, 4A10, and 4A12, Jesse G. Allen Survey, Abstract No. 18. LAND USE CATEGORY: Medium Density Residential PROPOSED LAND USE: Office Commercial CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “S-P-2” Generalized Site Plan District with “O-1” Office district regulations HISTORY: The property has been zoned “AG” since it was annexed into the city and has two (2) residential units on the tracts. TRANSPORTATION Existing Roadway Network ASSESSMENT: The proposed development will have its main access from West Southlake Boulevard (F.M. 1709) and is proposing a secondary connection through a cross access easement to the western and eastern tracts. Mobility and Master Thoroughfare Plan The functional classification for this segment of F.M. 1709 is a 130’ arterial roadway. The street typology is a Regional Boulevard. Traffic Analysis The historic and existing traffic counts on West Southlake Boulevard between Davis Boulevard and Pearson Lane are as follows: Year2005200620062006 24-Hour TotalsAM PeakPM Peak East Bound 16,915 16,398 1734 1020 6:45 – 7:454:00 – 5:00 West Bound 17,303 15,578 772 1860 11:15 – 12:155:00 – 6:00 Source: City of Southlake Traffic Count Report 2002 - 2006 Case No. Attachment B ZA06-153 Page 1 Traffic Impact The traffic impact of the proposed development is as follows: Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Medical Office 29,165 978 39 10 27 73 General Office 5,833 150 17 2 15 71 Total 35,000 1,127 56 13 42 144 *Average Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Boulevard PATHWAYS MASTER PLAN: The Southlake Pathways Plan recommends an 8-foot multi-use trail along Southlake Boulevard. In addition to meeting the above requirement, the proposed development will built an internal sidewalk network linking all the buildings on the site to the trail. WATER & SEWER: The proposed development will connect to an existing 8” sanitary sewer line located at the southwest of the property and an existing 12” water line on Southlake Boulevard. DRAINAGE ANALYSIS: Drainage is generally to the south through this development to the existing storm sewer system in the Chesapeake Subdivision. The on-site developed condition run-off is being detained in a detention pond located in the southern portion of the development. TREE PRESERVATION: In the middle of site there is a small stand of approximately sixteen (16) Pine trees of which approximately six (6) have declined in health. These trees are proposed to be removed for the building pads and parking. In the north portion of the site there are some mature Mulberry and Mesquite trees along with some small Eastern Red Cedars and Austrian Pines that are being saved. There are some Post Oaks along the east property line that are shown to remain. There is one (1) 18” Pine tree on the south property line that is shown to be preserved. P&Z ACTION: January 4, 2007, Tabled (7-0) to February 8, 2007 meeting. February 8, 2007; Approved (5-0) subject to Site Plan Review Summary No. 5, dated February 1, 2007; granting the driveway spacing variance. STAFF COMMENTS: Attached is Site Plan Review Summary No. 6 dated February 13, 2007. N:\Community Development\MEMO\2006cases\06-153ZSP.doc Case No. Attachment B ZA06-153 Page 2 Case No. Attachment B ZA06-153 Page 3 PROPOSED “S-P-2” DISTRICT REGULATIONS Southlake Professional Plaza Proposed Permitted Uses and Development Regulations for “S-P-2” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “O-1” Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “O-1” Office District, and all other applicable regulations, except where stated below. Case No. Attachment C ZA06-153 Page 1 PROPOSED SITE PLAN Case No. Attachment C ZA06-153 Page 2 BUILDING ELEVATIONS Case No. Attachment C ZA06-153 Page 3 PROPOSED TREE CONSERVATION PLAN Case No. Attachment C ZA06-153 Page 4 TRAFFIC IMPACT ANALYSIS Case No. Attachment C ZA06-153 Page 5 Case No. Attachment C ZA06-153 Page 6 Case No. Attachment C ZA06-153 Page 7 Case No. Attachment C ZA06-153 Page 8 Case No. Attachment C ZA06-153 Page 9 Driveway Variance Request Case No. Attachment C ZA06-153 Page 10 LANDSCAPE PLAN Case No. Attachment C ZA06-153 Page 11 Case No. Attachment C ZA06-153 Page 12 CONCEPT PLAN/ZONING REVIEW SUMMARY ZA06-15362/13/07 Case No.: Review No.: Date of Review: Zoning/Site Plan Project Name: – Southlake Professional Plaza APPLICANT: ARCHITECT/ENGINEER: Century Property Partners, LLC Baird, Hampton & Brown Inc. 12750 Merit Drive, Suite 770 920 S. Main St. suite 190 Park Central VII, Dallas TX 75251 Grapevine, TX 76051 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 31/1/07 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT JAY NARAYANA AT (817) 748-8070 OR BEN BRYNER (817) 748- 8602. Site Plan Review Summary: 1.Label the following clearly –street name in Chesapeake subdivision and R-O-W, all future building square footages, retaining walls along the western property line including height and type, all fire hydrants on the site plan (include legend). 2.Update and complete bufferyard table to identify provided lengths of all bufferyards 3.A driveway variance shall be required along F.M. 1709 since it is less (381’) than the required 500’ from the existing driveway to the west (Variance has been requested). 4.Verify that the stone on the elevation is a minimum of 20% as required by the city’s Masonry Ordinance. 5.All the proposed improvements on the site have to be completed as shown in the approved site plan (specifically the perimeter bufferyards, common access driveway connection to the west, sidewalks, and parking) prior to issuance of Certificate of Occupancy for any building on the site. The following information is recommended to be submitted for review and consideration (based on recent requests by City Council):  Landscape concepts for the retention/detention areas and pedestrian amenities, if any  Design concepts (include an elevation and/or images) for retaining walls proposed (including materials).  Design concepts for entry features/signs, if any. * If there are any future plans to subdivide the property in such a manner that each building is on its own lot, the applicant should evaluate the setbacks between buildings and street access to ensure compliance with O-1 district regulations, other zoning regulations (impervious cover, parking, interior bufferyards, etc.) and the city’s Subdivision Ordinance. Case No. Attachment D ZA06-153 Page 1 * All driveways are subject to TxDOT approval. * Any agreements with adjoining property owners for cross-access easements have to be approved and filed prior to Building Permit application. * Any lighting on the property shall meet the city’s Lighting Ordinance. is * The Development Review Committee (DRC) has determined that this pre-submittal sufficient for Please refer to the formal consideration by the Planning and Zoning Commission (P&Z). submission schedule for the appropriate P&Z submittal deadline.12 A total of copies of each plan folded to 6” x 9”, a single 11” x 17” reduction, and digital versions (pdf) of each plan must be submitted. If not received prior to this deadline, the item will be moved to a later P&Z agenda. 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. Any variance requests have to be documented in writing and fully justified. * * 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 ZA06-153 Page 2 Case No Review No.Dated: Number of Pages: . 07-013 Five February 13, 2007 1 Project Name: Southlake Professional Plaza (Site Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on January 16, 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. =========================================================================== LANDSCAPE SUMMARY CHARTS: 1. The applicant is proposing to take existing tree credits for tree preserved within both the bufferyards and the interior landscaping. EXISTING TREE CREDITS: Credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. Case No. Attachment D ZA06-153 Page 3 Case No. ZA06-153 Review No. 5 Dated: 2/13/07 Number of Pages: 2 Project Name: Southlake Professional Plaza -- Site Plan 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 1/24/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Submit driveway plans to TXDOT directly for review. TXDOT will make the final determination for the driveway permit. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: * Public water and sanitary sewer lines shall be 8” minimum and shall be located within an easement or in the ROW. Any private lines shall be labeled as such on the plans. Show the easements on the plan for clarification. Will the easements be dedicated by plat or by separate instrument? * Consider connecting the water line to the line in the Chesapeake Place Subdivision to the south to complete the loop. * Public sewer and water lines shall not be constructed under pavement, when possible. Public utilities under parking lots and main drives are not recommended, as maintenance of these utilities may cause disruption in the flow of traffic and parking within the site. * Water and sanitary sewer lines cannot cross property lines without being in an easement or in the ROW. All water and sanitary sewer lines in easements or in the ROW shall be constructed to City standards. * Fire hydrants and water meters shall be located in an easement or in the ROW. DRAINAGE COMMENTS: 1. Provide a preliminary drainage plan with existing and proposed condition calculations, as well as volume calculations for sizing the detention pond. * The difference between pre and post development runoff for the 5, 10 and 100 year storm events shall be captured in the detention pond. Discharge from the pond shall be controlled for these storm events, as well. * 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. * Consider grading the west and northeast drives so that drainage stays within the site rather than flowing onto the adjacent property. * Curb inlets are typically more effective in parking lots than grate inlets. * Public storm sewer shall be 18” RCP minimum. Label all private lines on the Drainage and Utility Plan sheet for clarification. * There is no Critical Drainage Structure fee for this development. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Case No. Attachment D ZA06-153 Page 4 INFORMATIONAL COMMENTS: * Submit civil construction plans (22” X 34” full size sheets) 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. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * 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 approved by 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. *=Denotes informational comment. Case No. Attachment D ZA06-153 Page 5 Case No Review No. Dated: Number of Pages: . ZA 06-153 3 02-13-06 1 ___ Project Name: Southlake Professional Plaza________________ ContactPhone: Fax: : David C. Barnes, Fire Marshal (817) 748-8233 (817) 748-8181 =========================================================================== The following comments are based on the review of plans received on 01-16-07 . 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. =========================================================================== GENERAL COMMENTS: * No general problems noted based on submitted information. See specific comments below. 1. Automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2003 I.F.C. Sec. 903.2.10.6 as amended) Submit plans to Reed Fire Protection Amberton Tower 4144 N. Central Expressway, Suite 510 Dallas, Tex 75204 Phone # 214-638-7599. 2. Backflow protection for fire sprinkler system may be in building at riser (instead of in vault) if riser is within 100 feet of water main. * Fire sprinkler systems required to be monitored for water flow and valve tamper if over 20 sprinkler heads on system. (per 2003 I.F.C. Sec. 903.4 as amended) Submit plans to Reed Fire Protection Amberton Towers 4144 N. Central Expressway Suite 510 Dallas, Tex 75204 Phone # 214-638- 7599. * Fire department sprinkler connections to be five inch Storz connections (or equivalent) with 30 degree elbow and aluminum alloy blind cap secured with chain or cable. (per policy dated 12-96) FIRE LANE COMMENTS: 1. Fire apparatus access needs to be provided to within 150 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis. Fire apparatus access, if necessary, needs to be all weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus. 2. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 65,000 lbs GVW). 3. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2003 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97) Dimension turn radii on site plan. Case No. Attachment D ZA06-153 Page 6 FIRE HYDRANT COMMENTS: 1. Relocate the fire hydrant shown between Bldg.2 and Bldg.3 to the corner.............  Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet for five-inch diameter hose. 1 Fire Department connection for sprinkler system must be within 100 feet of a fire hydrant INFORMATIONAL COMMENTS: * All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. * All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2003 I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal’s Office. FDC connections must have a Knox Locking Cap. # = Denotes comment that may be included in formal review by P&Z and City Council. * = Denotes informational comment. Case No. Attachment D ZA06-153 Page 7 Case NoReview No.Dated: Number of Pages: . ZA-06-153 2_ 2/13/07 1 ___ Project Name: Southlake Professional Plaza Comments due to the Planning Department 12/7/06 _ ContactPhone:Fax: : Julie Dove 817-748-8026 817-748-8027__ =========================================================================== The following comments are based on the review of plans received on 11/30/06 . 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. =========================================================================== Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues. Please contact the Community Services Department at (817) 748-8026 for further details. Land/park dedication requirements: Requires payment of park dedication fees in the amount of $1200 per gross acre x 4.87 acres = $5844 Pathway Comments: No Comments Other informational comments? Case No. Attachment D ZA06-153 Page 8 Surrounding Property Owners Southlake Professional Plaza SPO # Owner Zoning Land Use Acreage 1. Retail Commercial Southlake Pse Inc C2 1.76 2. Retail Commercial Hill, Gary Gene Etal C2 2.277 3. Medium Density Residential Southlake, City Of RPUD 11.551 4. Medium Density Residential Venteicher, Edward R Etux Kare RPUD 0.433 5. Medium Density Residential Simpkins, Karen RPUD 0.431 6. Medium Density Residential Grassanovits, Robert Etux Roby RPUD 0.428 7. Medium Density Residential Essex, Paul W Etux Nancy RPUD 0.445 8. Medium Density Residential Farris, David Etux Janet RPUD 0.589 9. Medium Density Residential Riches, Julian M Etux Beverley RPUD 0.454 10.Medium Density Residential Manuszak, Steven Etux Sandra RPUD 0.426 11.Medium Density Residential Rowston, Mark Etux Bernadine RPUD 0.426 12.Medium Density Residential Huon, Chay RPUD 0.504 13.Medium Density Residential Alvarez, Lamberto Jr Etux Eliz RPUD 0.439 14.Public / Semi-Public Southlake, City Of CS 3.807 15.Office Commercial Simmons Properties Group Llc SP1 0.715 16.Office Commercial Simmons Properties Group Llc SP1 0.802 17.Office Commercial Shaw, Ralph H Jr & Susan SP1 0.691 18.Medium Density Residential Century Properties Prtnshp AG 1.745 19.Medium Density Residential Century Property Partners Llc AG 1.277 20.Medium Density Residential Century Property Partners Llc AG 0.747 21.Medium Density Residential Century Properties Prtnshp AG 1.01 22.Medium Density Residential J N S Land Family Limited Prt AG 3.743 Case No. Attachment E ZA06-153 Page 1 Surrounding Property Owner Responses Southlake Professional Plaza Notices Sent: Sixteen (16) Responses Receive: Two (2) Name Address Date Position Essex, Paul & Nancy 3115 Ironclad Court 2/3/07 Undecided Rowston, Mark & Bernadine 3130 Ironclad Court 2/7/07 Opposed Case No. Attachment F ZA06-153 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-513 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 TRACTS 4A01, 4A03, 4A12, AND 4A13, SITUATED IN THE J G ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 4.87 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT LIMITED TO THE “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE 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 WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District under Case No. Attachment G ZA06-153 Page 3 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, 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, Case No. Attachment G ZA06-153 Page 4 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: Being Tracts 4A01, 4A03, 4A12 and 4A13, situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 4.87 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-2” Generalized Site Plan District limited to the “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. Case No. Attachment G ZA06-153 Page 5 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 Case No. Attachment G ZA06-153 Page 6 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 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. Case No. Attachment G ZA06-153 Page 7 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 ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA06-153 Page 8 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA06-153 Page 9 EXHIBIT “A” Being Tracts 4A01, 4A03, 4A12 and 4A13, situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 4.87 acres. Case No. Attachment G ZA06-153 Page 10 Case No. Attachment G ZA06-153 Page 11 EXHIBIT “B” Southlake Professional Plaza Proposed Permitted Uses and Development Regulations for “S-P-2” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “O-1” Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “O-1” Office District, and all other applicable regulations, except where stated below. Case No. Attachment G ZA06-153 Page 12 Case No. Attachment G ZA06-153 Page 13 Case No. Attachment G ZA06-153 Page 14 Case No. Attachment G ZA06-153 Page 15 Case No. Attachment G ZA06-153 Page 16 Case No. Attachment G ZA06-153 Page 17 Case No. Attachment G ZA06-153 Page 18