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Item 6C Department of Planning & Development Services S T A F F R E P O R T November 28, 2007 ZA07-106 CASE NO: Zoning Change and Concept Plan/Site Plan for Kimball Lake Office Park PROJECT: REQUEST: On behalf of Vision Southlake Development, LLC, Sage Group, Inc. is requesting approval of a change of zoning and concept plan/site plan from “AG” Agricultural District to “S-P-2” Generalized Site Plan District with “O-1” Office District uses. The plan proposes the development of an office park on seven (7) lots totaling approximately 3.602 acres. Under the “S-P-2” zoning, the applicant proposes the following permitted uses and development regulations:  The development shall be limited to the permitted uses and development regulations of the “O-1” Office District  The side setback shall be ten (10) feet between all internal lot lines only  The front setback for building F on Lot 6 shall be fifteen (15) feet  The shall be no bufferyard requirements along interior lot lines  No bufferyard shall be required along the west boundary of Lot 5 and the south boundary of Lots 5 & 6  The maximum impervious coverage for the overall “S-P-2” boundary shall be 65%; however, the maximum impervious coverage requirment shall not apply to individual lots within the boundary  Required parking for all built uses shall be provided within the “S-P-2” boundary; parking requirements for individual lots shall not apply The following variances are being requested:  Driveway stacking – The minimum driveway stacking depth required is 75 feet. The applicant is requesting stacking depth of 32 feet for the north drive. (Driveway Ord. No. 634, Section 5.2.d)  Driveway spacing – The minimum driveway spacing required is 250 feet between driveway centerlines. The applicant is requesting a distance of 224 feet to the off-site driveway to the south and a distance of 107 feet to Case No. ZA 07-106 the nearest driveway to the north. (Driveway Ord. No. 634, Section 5.1)  Street frontage - All lots must have frontage on a street. The applicant is requesting a waiver from this regulation for four (4) lots. (Subdivision Ord. No. 483, Section 8.01.A) At the November 20, 2007 City Council meeting, the following information was requested to be addressed at the second reading: Item Comments 1. requiring the applicant to show a new plan for the A revised site plan has been submitted and is south building(s) pushed toward N. Kimball Avenue; included in Attachment C 2. requiring that the applicant must provide a sectional An exhibit has been submitted and is included in view of the landscaping along Kimball; Attachment C 3. requiring that the applicant must revisit “meeting or A revised landscape plan has been submitted exceeding” the landscaping requirements; and is included in Attachment C 4. and requiring that the applicant must provide lettering, A revised plan for the signage showing the text color and landscaping exhibits for the proposed and color has been submitted and is included in signage Attachment C 1. Conduct public hearing ACTION NEEDED: nd 2. Consider approval of 2 reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 4, dated November 28, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Meeting Summary Report (H) Ordinance No. 480-537 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA 07-106 BACKGROUND INFORMATION OWNER: Vision Southlake Development, LLC APPLICANT: Sage Group, Inc. PROPERTY SITUATION: 600 N. Kimball Avenue LEGAL DESCRIPTION: A portion of Tract 3B, situated in the T. Mahan Survey, Abstract No. 1049, being approximately 3.602 acres LAND USE CATEGORY: Mixed Use with the ECR–Employment Center Residential optional designation CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “S-P-2” Generalized Site Plan District HISTORY: There is no development history on this property. A home currently exists on the northern portion of the property. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. Kimball Avenue to be a 4-lane, divided arterial street with 88 feet of right-of-way. Right-of-way is shown on the plan and will be dedicated as part of the platting process. Existing Area Road Network and Conditions The proposed development is proposing two (2) driveways onto N. Kimball Avenue. All proposed lots are connected through proposed common access easements. North Kimball Avenue is currently a 2-lane, undivided roadway. Plans for widening this section of N. Kimball Avenue have been approved and construction should begin soon. May 2006 traffic counts on N. Kimball Ave (between SH 114 and Highland St) 24hr 5,2904,781 North Bound (NB) () South Bound (SB) () NB 298551 Peak A.M. () Peak P.M. () 11:15—6:00—7:00PM 12:15AM SB 468346 Peak A.M. () Peak P.M. () 7:30 – 8:30 3:30 – 4:30 PM Case No. Attachment A ZA 07-106 Page 1 AM Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Office Park *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on N. Kimball Avenue. PATHWAYS MASTER PLAN: The Pathways Master Plan recommends an 8-foot multi-use trail along the west side of N. Kimball Avenue. The trail is shown on the plan. WATER & SEWER: A 12-inch water line exists along the east side of N. Kimball Avenue. A 12-inch sanitary sewer line exists along the west side of N. Kimball Avenue. DRAINAGE ANALYSIS: This site will drain to a temporary detention pond until such time as the Gateway Church project is completed. The developers of these projects have an agreement stipulating that the Gateway Church project drainage facilities will account for drainage from the Kimball Lake Office Park site. The proposed temporary detention pond will detain storm water and release it into North Kimball Avenue until the Gateway Church facilities are constructed. TREE PRESERVATION: The submitted Tree Conservation Plan does not break down the amount of existing tree canopy to be preserved and the percentage to be removed. Instead, information is provided on the percentage of existing trees that are proposed to be preserved and percentage proposed to be removed. Across the entire site 75.81 % of the existing trees are proposed to be preserved. In Phase 1 of the development all of the existing trees are proposed to be removed. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying designation is Mixed Use and the optional designation is Employment Center Residential. Office uses are consistent with the Mixed Use designation. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations A 6 foot sidewalk is required along Kimball Avenue per the Southlake Pathways Plan. The applicant is proposing an 8 foot trail along Kimball Avenue. Case No. Attachment A ZA 07-106 Page 2 P&Z ACTION: November 8, 2007; Approved (7-0) Phase I only which specifically excludes parcels A through E; approving variances for driveway spacing; addressing stacking by removing 2 to 3 spots on the north side; relocating the handicapped parking spot to the south driveway; adding landscape island to the southeast parking row; limiting phase one to 65% impervious coverage; granting street frontage variance; and, subject to Site Plan Review Summary No. 3, dated November 2, 2007. st COUNCIL ACTION: November 20, 2007; Approved 1 reading (6-0) subject to the recommendations made by the P&Z Commission; approving the variance requests; subject to the elevations presented; requiring the applicant to show a new plan for the south building(s) pushed toward N. Kimball Avenue; stating that the north drive must be removed when parcel ‘A’ is developed; only approving phase 1; requiring that the applicant must provide a sectional view of the landscaping along Kimball; requiring that the applicant must revisit “meeting or exceeding” the landscaping requirements; and requiring that the applicant must provide lettering, color and landscaping exhibits for the proposed signage. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 2, 2007. N:\Community Development\MEMO\2007cases\07-106ZCP.doc Case No. Attachment A ZA 07-106 Page 3 Case No. Attachment B ZA 07-106 Page 1 Narrative Letter Case No. Attachment C ZA 07-106 Page 1 Case No. Attachment C ZA 07-106 Page 2 Case No. Attachment C ZA 07-106 Page 3 Previously Submitted Concept Plan / Site Plan Case No. Attachment C ZA 07-106 Page 4 “S-P-2” Letter Case No. Attachment C ZA 07-106 Page 5 Variance Letter Case No. Attachment C ZA 07-106 Page 6 Revised Concept Plan/Site Plan Case No. Attachment C ZA 07-106 Page 7 Variance Exhibit Driveway Spacing: Driveway Spacing: Req’d = 250 ft Req’d = 250 ft Prov. = 107 ft Prov. = 224 ft Driveway Stacking: Req’d = 75 ft Prov. = 32 ft *Requesting variance to regulation that all Lots have street frontage for four (4) lots. Case No. Attachment C ZA 07-106 Page 8 Color Building Rendering Case No. Attachment C ZA 07-106 Page 9 Architectural Elevations (Buildings A & C) Case No. Attachment C ZA 07-106 Page 10 Case No. Attachment C ZA 07-106 Page 11 Architectural Elevations (Buildings B & D) Case No. Attachment C ZA 07-106 Page 12 Case No. Attachment C ZA 07-106 Page 13 Architectural Elevations (Buildings E & F) Case No. Attachment C ZA 07-106 Page 14 Case No. Attachment C ZA 07-106 Page 15 Fencing / Screening Exhibit Case No. Attachment C ZA 07-106 Page 16 Landscape / Parking Exhibit Case No. Attachment C ZA 07-106 Page 17 Revised Sign Exhibit Case No. Attachment C ZA 07-106 Page 18 Previously Submitted Tree Conservation Plan Case No. Attachment C ZA 07-106 Page 19 Revised Tree Conservation Plan Case No. Attachment C ZA 07-106 Page 20 Previously Submitted Landscape Plan Case No. Attachment C ZA 07-106 Page 21 Revised Landscape Plan Case No. Attachment C ZA 07-106 Page 22 SITE PLAN REVIEW SUMMARY ZA07-106Four11/28/07 Case No.: Review No.: Date of Review: Site Plan Project Name: - Kimball Lake Office Park OWNER: Vision Southlake Dev., LLC APPLICANT: Sage Group, Inc. Steven Paulsen Curtis Young 1500 E. Southlake Blvd, Suite 200 1130 N. Carroll Ave, Suite 200 Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 822-1470 Phone: (817) 424-2626 Fax: (817) 424-2890 Fax: (817) 424-2890 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/27/07 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 DENNIS KILLOUGH AT (817) 748-8072 OR BEN BRYNER AT (817) 748-8602. 1. Label the building lines (front, rear & side) with the distance from the property line, i.e. 30’ front building line. 2. The following changes are needed with regard to ingress/egress to the site: (A a. Provide the minimum stacking depth of 75 feet from the connecting R.O.W. variance has been requested.) b. Provide the minimum spacing of 250 feet from the centerline of the proposed north driveway to the centerline of the next driveway off-site to the north and from the centerline of the proposed south driveway to the centerline of the next driveway off- (A variance has been requested.) site to the south. (A variance has been requested.) 3. All lots must have frontage on a street. 4. Revise the architectural elevations for buildings E & F to match the footprint shown on the site plan. * The parking provided for the site (120 spaces) provides for no medical office in the development. This is based on 8 spaces for the 1st 1,000 sq. ft. and 1 space per 300 sq. ft. on the additional building area for 100% general office. Medical office is 1 space per 150 sq. ft. on the additional building area. * Prior to receiving a building permit, a copy of the filed shared parking, cross-access, and shared maintenance agreement must be received by the City. The maintenance agreement should include provisions for fire lanes and trash enclosure/use. Case No. Attachment D ZA 07-106 Page 1 INFORMATIONAL COMMENTS * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * 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. * 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 construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Public Works – Engineering DRAINAGE COMMENTS: 1. The preliminary drainage plan refers to the drainage plan prepared for the Kirkwood Road extension project. These tracts do appear on the preliminary drainage plans for the Kirkwood project, however the Kirkwood drainage plan does not include drainage coefficients for these tracts consistent with the type of development being proposed (i.e., office / commercial). The applicant has agreed to coordinate drainage plans with the Gateway Church project 2. The preliminary grading plan shows a temporary detention facility and makes reference to future drainage improvements that will serve this development and will be constructed with the Gateway Church project. The applicant has agreed to provide a written agreement with gateway Church that acknowledges this arrangement. At this time, the agreement has not been provided to this office. * This property drains into Critical Drainage Structures 14 and 15 and requires a fee to be paid prior to beginning construction. ($220.80 / Acre for structure 14 and $406.50 / Acre for structure 15). * 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 ZA 07-106 Page 2 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. * 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. Landscape Administrator TREE CONSERVATION COMMENTS: 1. The submitted Tree Conservation Plan does not break down the amount of existing tree canopy to be preserved and the percentage to be removed. Instead, information is provided on the percentage of existing trees that are proposed to be preserved and percentage proposed to be removed. Across the entire site 75.81 % of the existing trees are proposed to be preserved. In Phase 1 of the development all of the existing trees are proposed to be removed. 2. A Tree Preservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree canopy cover in accordance with the percentage requirements established by Table 2.0 in Ordinance 585-C. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the Minimum percentage of the existing entire site tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of- way as approved by City Council. Please provide on the Tree Conservation Plan information regarding the total percentage of tree canopy cover on the entire site and the proposed percentage of existing tree canopy cover that will be preserved after total build-out of the development. Case No. Attachment D ZA 07-106 Page 3 LANDSCAPING: 1. On page 2 of the Phase 1 Site Plan & Pedestrian Access Plan, it states that both the proposed bufferyard plant material and interior landscape plant material will meet or exceed the minimum amount of plant material required to be provided. The proposed landscaping as shown on the submitted Landscape Plan does not meet or exceed the minimum amount of landscape plant material required to meet the interior landscape and proposed bufferyard requirements for Phase 1 of the development. Please provide at least the minimum required amount of plant material required to be provided for the development. LANDSCAPE SUMMARY CHARTS: 1. Please breakdown the bufferyards within the Bufferyards Summary Chart by their location on the proposed lots. North, South, East, West. It is alright to provide bufferyard calculations for the entire Length of North Kimball Road but if the construction of the development will be phased than the calculations for each lot bufferyard will need to be separate. Southlake 2025 Comprehensive Plan Consolidated Land Use Plan Recommendations The underlying designation is Mixed Use and the optional designation is Employment Center Residential. Office uses are consistent with the Mixed Use designation. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations A 6 foot sidewalk is required along Kimball Avenue per the Southlake Pathways Plan. The applicant is proposing an 8 foot trail along Kimball Avenue. Case No. Attachment D ZA 07-106 Page 4 Surrounding Property Owners Kimball Lake Office Park SPO MAP SPO # Owner Zoning Land Use Acreage Mixed Use 1. Kimball Road Lp I1 1.61 Medium Density Residential 2. Martin Custom Homes Llc SF20A 1.085 Public / Semi-Public 3. Txu Electric Delivery Co CS 2.547 Mixed Use 4. Halim, Emil A MF1 0.959 Mixed Use 5. Harris, Kimberly Susan SF1-A 0.951 Mixed Use 6. Ekstrom, Delton E SF1-A 1.052 Mixed Use 7. Coty, Rita SF1-A 0.911 Public / Semi-Public 8. St Laurence Episcopal Church CS 5.354 Medium Density Residential 9. Hillman, Luther L AG 3.94 Medium Density Residential 10. 579 Kimball Llc AG 8.105 Medium Density Residential 11. Episcopal Diocese Of Ft Worth AG 1.026 Mixed Use 12. Gateway Church NRPUD 8.593 Mixed Use 13. Gateway Church NRPUD 6.614 Mixed Use 14. Gateway Church NRPUD 48.972 Mixed Use 15. Nci Building Systems I1 15.777 Mixed Use 16. Vision Southlake Dev Llc AG 14.82 Case No. Attachment E ZA 07-106 Page 1 Surrounding Property Owner Responses Kimball Lake Office Park Notices Sent: Sixteen (16) Responses Receive: One (1)  Kimberly Harris (SPO #5), 700 Cherry Ct., submitted a Notification Response Form in Opposition on November 6, 2007 (see attached). Case No. Attachment F ZA 07-106 Page 1 Case No. Attachment F ZA 07-106 Page 2 SPIN MEETING REPORT CASE NO. ZA07-106 PROJECT NAME: Kimball Lake Office Park SPIN DISTRICT: 6 MEETING DATE: September 10, 2007 – 6:30PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Six (6)  SPIN REPRESENTATIVE(S) PRESENT: None  APPLICANT(S) PRESENTING: Curtis Young (Sage Group) and David Keener  STAFF PRESENT: Planner Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us EXECUTIVE SUMMARY Two residents attended the SPIN 6 meeting for the proposed Kimball Lake Office Park on the west side of N. Kimball Avenue between E. Highland Street and SH 114. The 3.5-acre property is adjacent to the recently approved Gateway Church project on SH 114 and across Kimball from the recently approved Estancia residential subdivision. The S-P-1 zoning and site plan proposal is for six single-story, Tuscan- style office buildings with a shared courtyard for each pair of buildings. None in attendance verbalized any major objections to the development. Since this SPIN meeting was held, the scope of this project has increased from a 3.5-acre S-P-1 zoning request for an office development to a 14.45-acre S-P-2 zoning request with a mix of proposed uses. See full Staff Report for updated information. QUESTIONS & DISCUSSION QUESTION: You mentioned this project will be built in phases; which buildings will be built first? RESPONSE: The southernmost two buildings and the southern building of the western pair will be built first. QUESTION: What uses are proposed? RESPONSE: Professional offices. QUESTION: Will the building style be similar to the professional offices on the west side of Case No. Attachment G ZA 07-106 Page 1 Carroll Ave between Southlake Blvd and SH 114? What is the timing of this development in relation to the widening of N. Kimball QUESTION: Avenue and the development of Estancia, Gateway Church, and public improvements related to those developments? SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment G ZA 07-106 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-537 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 A PORTION OF TRACT 3B, SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049, BEING APPROXIMATELY 3.602 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN/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 Case No. Attachment H ZA07-106 Page 1 District 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 Case No. Attachment H ZA07-106 Page 2 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: Being a portion of Tract 3B, situated in the T. Mahan Survey, Abstract No. 1049, and Case No. Attachment H ZA07-106 Page 3 being approximately 3.602 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-2” Detailed Site Plan District with “O-1” Office District uses, as depicted on the approved Concept/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 H ZA07-106 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 Case No. Attachment H ZA07-106 Page 5 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. 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. Case No. Attachment H ZA07-106 Page 6 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: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-106 Page 7 EXHIBIT “A” Being a portion of Tract 3B, situated in the T. Mahan Survey, Abstract No. 1049, and being approximately 3.602 acres. Case No. Attachment H ZA07-106 Page 8 EXHIBIT “B” Narrative Letter Case No. Attachment H ZA07-106 Page 9 Case No. Attachment H ZA07-106 Page 10 Case No. Attachment H ZA07-106 Page 11 “S-P-2” Letter Case No. Attachment H ZA07-106 Page 12 Variance Letter Case No. Attachment H ZA07-106 Page 13 Revised Concept Plan/Site Plan Case No. Attachment H ZA07-106 Page 14 Variance Exhibit Driveway Spacing: Driveway Spacing: Req’d = 250 ft Req’d = 250 ft Prov. = 107 ft Prov. = 224 ft Driveway Stacking: Req’d = 75 ft Prov. = 32 ft *Requesting variance to regulation that all Lots have street frontage for four (4) lots. Case No. Attachment H ZA07-106 Page 15 Color Building Rendering Case No. Attachment H ZA07-106 Page 16 Architectural Elevations (Buildings A & C) Case No. Attachment H ZA07-106 Page 17 Case No. Attachment H ZA07-106 Page 18 Architectural Elevations (Buildings B & D) Case No. Attachment H ZA07-106 Page 19 Case No. Attachment H ZA07-106 Page 20 Architectural Elevations (Buildings E & F) Case No. Attachment H ZA07-106 Page 21 Case No. Attachment H ZA07-106 Page 22 Fencing / Screening Exhibit Case No. Attachment H ZA07-106 Page 23 Landscape / Parking Exhibit Case No. Attachment H ZA07-106 Page 24 Revised Sign Exhibit Case No. Attachment H ZA07-106 Page 25 Revised Tree Conservation Plan Case No. Attachment H ZA07-106 Page 26 Revised Landscape Plan Case No. Attachment H ZA07-106 Page 27