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Item 6JCity of Southlake Department of Planning & Development Services S T A F F R E P O R T September 26, 2007 ZA07-090 CASE NO: Zoning Change and Site Plan for Sports Complex PROJECT: REQUEST: On behalf of James R. Stacy, Blake Architects is requesting approval of a zoning change and site plan from "S-P-1" Detailed Site Plan District to "S-P-1" Detailed Site Plan District with "I-1" Light Industrial District uses to include retail furniture sales (as currently exists) and indoor entertainment uses as depicted on the attached site plan exhibits. The plan proposes exterior color and architectural element modifications, paving and driveway modifications. The "S-P-1" regulations for development propose the following: 1)Limited "I-1" Light Industrial District uses to include indoor entertainment uses as depicted on the attached site plan exhibits. 2)Parking requirements as depicted on the attached site plan, as approved, which is approximately ratio of 1 space per 538 square feet for all permitted uses; 3)Bufferyards for the majority of the north, west and south property lines shall not be required due to existing pavement. Plantings are proposed in accordance with the attached landscape plan; 4)Impervious coverage to be permitted as currently exists (90%). The applicant was asked to provide the following prior to the next meeting: Item Applicant Response 1. The building changes are to be A color rendering has been provided. If consistent with the colors available, the applicant will present material represented; Provide examples or samples at the meeting. sample boards at the next meeting; 2. Provide buffering and fencing along A revised landscape plan has been provided the north boundary; showing an additional 10 Live Oak trees along the north boundary with a wrought iron fence extending the full length of the north wall of the building within the Quik Trip property. 3. Add columns and possibly wainscot A revised elevation has been provided on the north side to break up which adds a stone column and a stone facades. wainscot on each of the two previously bare wall sections. 4. Limit uses. A revised list of uses has been provided. Case No. ZA07-090 Case No. ZA07-090 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 3, dated September 26, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-187a (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA07-090 BACKGROUND INFORMATION OWNER: James R. Stacy APPLICANT: Blake Architects PROPERTY SITUATION: 280 Commerce Street LEGAL DESCRIPTION: Lot 2R, Block B, Commerce Business Park Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “S-P-1” Detailed Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -A final plat was approved for Commerce Business Park by the City of Southlake on September 2, 1986. -A Zoning Change and Site Plan for S-P-1 zoning were approved in November of 1995. TRANSPORTATION Mobility &Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan does not make any recommendations adjacent to the site. Adequate right-of-way exists adjacent to the site. Existing Area Roadway Network The proposed development currently has two (2) drives intersecting with Commerce Street, one (1) common access drive connecting to the property to the south, and one (1) common access drive connecting to the property to the north on the west side. Commerce Street is currently a 2-lane, undivided roadway with curb and gutter. Commerce Street is a local commercial street within the Commerce Business Park industrial development. The 2006 traffic counts for this roadway are presented in the following table. May, 2006 traffic counts on Commerce Street (between Southlake Blvd & Industrial): 24hr 2,2252,484 North Bound (NB) () South Bound (SB) () NB 184263 Peak A.M. () Peak P.M. () 11:15 - 12:15 AM 4:30 - 5:30 PM SB 295230 Peak A.M. () Peak P.M. () 7:30 - 8:30 AM 12:45 - 1:45 PM Case No. Attachment A ZA07-090 Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Recreational Center 75,600 1,730 66 34 45 87 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on Commerce St. PATHWAYS MASTER PLAN: The Pathways Master Plan does not make any recommendations adjacent to this site. Sidewalks are required along all street frontages. WATER & SEWER: A 12-inch water line exists along the east side of Commerce Street. A 6-inch sanitary sewer line exists along the west side of Commerce Street. DRAINAGE ANALYSIS: No Comments TREE PRESERVATION: No Comments Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying land use designation is Industrial. The Industrial land use includes manufacturing, processing, packaging, assembly, storage, warehousing, and/or distribution of products as well as limited commercial and retail activities if surrounding industrial uses do not pose hazards and are sufficiently buffered. Mobility Recommendations The required sidewalk along Commerce Street is shown on the plan. P&Z ACTION: September 6, 2007; Approved (4-0) subject to Site Plan Review Summary No. 2, dated August 31, 2007; removing 10 parking spaces as shown on mark up. COUNCIL ACTION: September 18, 2007; Approved first reading (7-0) subject to Site Plan Review Case No. Attachment A ZA07-090 Page 1 Summary No. 2, dated August 31, 2007; subject to applicant's representations - truck doors, color schemes (will bring examples or sample boards by next reading); provide buffering and fencing along the north side; will add columns and possibly wainscot on the north side to break up facades; will look at list of uses prior to second reading; and, P&Z recommendations. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated September 26, 2007. Case No. Attachment A ZA07-090 Page 1 Case No. Attachment B ZA07-090 Page 1 "S-P-1" Letter The "S-P-1" regulations for development and uses shall follow the “I-1” district with the following exceptions: 1) Limited "I-1" uses as noted on the following letter dated September 24, 2007 from Christie Abercrombie and to include indoor entertainment uses as depicted on the attached site plan exhibits; 2) Parking requirements as depicted on the attached site plan, as approved, which is approximately ratio of 1 space per 538 square feet for all permitted uses; 3) Bufferyards for the majority of the north, west and south property lines shall not be required due to existing pavement. Plantings are proposed in accordance with the attached landscape plan. 4) Impervious coverage to be permitted as currently exists (90%). Case No. Attachment C ZA07-090 Page 1 September 24, 2007 Dear Dennis and City Council, Out of the list of 44 permitted uses, I have deleted 33 of the uses. I am requesting a small list remain because they could become accessory uses to what we plan to do if we ever have a difficult time renting the entire space as instructional use. For example: Clothing Manufacturing. I own a leotard manufacturing business. We make the leotards for the gymnasts. I might want to move that into a small space at some point. The list I am requesting stay are: 1.Bakery 2.Cabinet Shop 3.Candle Manufacturing 4.Candy Facility 5.Clothing Manufacturing 6.Commercial School 7.Compounding of Cosmetics and Toiletries 8.Ice Cream Manufacturing 9.Janitorial or Cleaning Services 10.Mini Warehouses 11.Store Fixture Sales 12.Warehouses 13.Community Facility Uses Thank you, Christie Abercrombie 280 Sports LLC Case No. Attachment C ZA07-090 Page 2 New Site Plan Case No. Attachment C ZA07-090 Page 3 New Elevations Case No. Attachment C ZA07-090 Page 4 Color Elevation Case No. Attachment C ZA07-090 Page 5 New Landscape Plan Case No. Attachment C ZA07-090 Page 6 Parking Evaluation Case No. Attachment C ZA07-090 Page 7 Parking Evaluation Case No. Attachment C ZA07-090 Page 8 General Floor Plan Case No. Attachment C ZA07-090 Page 9 General Floor Plan Case No. Attachment C ZA07-090 Page 10 Previous Site Plan Case No. Attachment C ZA07-090 Page 11 Previous Building Elevations Case No. Attachment C ZA07-090 Page 12 Previous Landscape Plan Case No. Attachment C ZA07-090 Page 13 SITE PLAN REVIEW SUMMARY ZA07-090Three09/26/07 Case No.: Review No.: Date of Review: Zoning & Site Plan Project Name: - Sports Complex, 280 Commerce Street Lot 2R, Block B Commerce Business Park, OWNER: ARCHITECT: James R. Stacy Roger Blake Phone: Phone: (817) 488-9397 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/26/07 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER OR DENNIS KILLOUGH AT (817) 748-8069. 1.Show and label existing driveways across adjoining rights-of-way and to the north and south of the site. 2.Show and label any intended lighting with the type, height and orientation. 3.Label the type, height and location of any adjacent walls, fences, and screening devices. * No changes to driveways are proposed. The majority of uses proposed in this building (commercial schools) are currently permitted under the exiting zoning. * The site must comply with all applicable fire and building codes. In particular, the building must meet all fire lane/fire suppressant requirements in accordance with the construction and occupancy type. Contact David Barnes, Fire Marshal at (817) 748-8233 and Chuck Bloomberg, Plans Examiner at (817) 748-8218 for specific requirements. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 65 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require any new construction meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Denotes Informational Comment Case No. Attachment D ZA07-090 Page 1 Surrounding Property Owners Sports Complex SPO # Owner Zoning Land Use Acreage Retail Commercial 1. Kim, James C SP2 Industrial 0.578 Retail Commercial 2. Coppell/Dtr Center Lp SP2 Industrial 1.735 Industrial Retail 3. Shurgard/Fremont Partners 11 SP2 Commercial 4.673 Retail Commercial 4. Anderson, Stephen P I1 0.648 Retail Commercial 5. Holbrook, Thomas M & Lori S SP1 0.751 Industrial Retail 6. 275 Comerce Ltd SP1 Commercial 2.004 Industrial 7. P & P Management SP1 2.153 Industrial 8. Mannhart, Edwin I1 1.757 Industrial 9. Rozes, Peter & Kerry I1 1.221 Industrial 10. Big L Inc I1 1.3 Industrial 11. Commerce Business Park Jv I1 3.95 Retail Commercial 12. Stacey Real Estate Partner Ltd SP1 Industrial 2.554 Industrial 13. Stacy, James R & Diane SP1 4.049 Industrial 14. Marvin, H K I1 0.935 Industrial 15. Ram Interests Lp I1 1.038 Case No. Attachment E ZA07-090 Page 1 Industrial 16. Bbj & E Ltd I1 1.989 Industrial 17. Akp Management Llc I1 1.442 Industrial 18. Amar Saini Corp I1 1.66 Industrial 19. Wang, Jeff (Chaur-Tarng) I1 0.769 Industrial 20. Harbor Town Partners Lp I1 0.808 Industrial 21. Market Loop Ltd I1 0.675 Industrial 22. Rainier Southlake Dst I1 1.634 Industrial 23. Tri Dal Excavation & Utilities SP1 6.669 Industrial 24. Taylor, Henry A & Carole F I1 0.909 Industrial 25. Pack, Leon Tr I1 0.948 Industrial 26. Four Star Investments I1 0.994 Industrial 27. Rainier Southlake Dst I1 1.634 Industrial 28. Pima Properties Inc I1 0.706 Industrial 29. Rainier Southlake Dst I1 0.718 Industrial 30. Rainier Southlake Dst I1 0.734 Industrial 31. Rainier Southlake Dst I1 0.724 Industrial 32. Slj Commerce/Exchange Ltd I1 0.742 Industrial 33. Rainier Southlake Dst I1 0.647 Case No. Attachment E ZA07-090 Page 2 Surrounding Property Owner Responses Sports Complex Notices Sent: Thirty-three (33). Responses Receive: Zero (0). Case No. Attachment F ZA07-090 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-187a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2R, BLOCK B, COMMERCE BUSINESS PARK, BEING APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES AND TO INCLUDE THE RETAIL SALE OF FURNITURE TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS) AND INDOOR ENTERTAINMENT 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 Case No. Attachment G ZA07-090 Page 1 WHEREAS , the hereinafter described property is currently zoned as "S-P-1" Detailed Site Plan District with "I-1" Light Industrial District uses to include retail furniture sales under the City's Comprehensive Zoning Ordinance; and WHEREAS , a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS , the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS , the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, 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, Case No. Attachment G ZA07-090 Page 2 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: Being legally described as Lot 2R, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7211, Case No. Attachment G ZA07-090 Page 3 Plat Records, Tarrant County, Texas, being approximately 4.15 acres, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "S-P-1" Detailed Site Plan District with "I-1" Light Industrial District uses to include retail furniture sales to "S-P-1" Detailed Site Plan District with "I-1" Light Industrial District Uses to include retail furniture sales (as currently exists) and indoor entertainment uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions: 1. 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 Case No. Attachment G ZA07-090 Page 4 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 Case No. Attachment G ZA07-090 Page 5 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 ___________, 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 ZA07-090 Page 6 ________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:________________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-090 Page 7 EXHIBIT "A" Being legally described as Lot 2R, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7211, Plat Records, Tarrant County, Texas, being approximately 4.15 acres. Case No. Attachment G ZA07-090 Page 8 EXHIBIT "B" "S-P-1" Letter The "S-P-1" regulations for development and uses shall follow the “I-1” district with the following exceptions: 1) Limited "I-1" uses as noted on the following letter dated September 24, 2007 from Christie Abercrombie and to include indoor entertainment uses as depicted on the attached site plan exhibits; 2) Parking requirements as depicted on the attached site plan, as approved, which is approximately ratio of 1 space per 538 square feet for all permitted uses; 3) Bufferyards for the majority of the north, west and south property lines shall not be required due to existing pavement. Plantings are proposed in accordance with the attached landscape plan. 4) Impervious coverage to be permitted as currently exists (90%). Case No. Attachment G ZA07-090 Page 9 September 24, 2007 Dear Dennis and City Council, Out of the list of 44 permitted uses, I have deleted 33 of the uses. I am requesting a small list remain because they could become accessory uses to what we plan to do if we ever have a difficult time renting the entire space as instructional use. For example: Clothing Manufacturing. I own a leotard manufacturing business. We make the leotards for the gymnasts. I might want to move that into a small space at some point. The list I am requesting stay are: 14.Bakery 15.Cabinet Shop 16.Candle Manufacturing 17.Candy Facility 18.Clothing Manufacturing 19.Commercial School 20.Compounding of Cosmetics and Toiletries 21.Ice Cream Manufacturing 22.Janitorial or Cleaning Services 23.Mini Warehouses 24.Store Fixture Sales 25.Warehouses 26.Community Facility Uses Thank you, Christie Abercrombie 280 Sports LLC Case No. Attachment G ZA07-090 Page 10 Site Plan Case No. Attachment G ZA07-090 Page 11 Parking Evaluation Case No. Attachment G ZA07-090 Page 12 Parking Evaluation Case No. Attachment G ZA07-090 Page 13 General Floor Plan Case No. Attachment G ZA07-090 Page 14 General Floor Plan Case No. Attachment G ZA07-090 Page 15 Building Elevations Case No. Attachment G ZA07-090 Page 16 Landscape Plan Case No. Attachment G ZA07-090 Page 17