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Item 8CCity of Southlake Department of Planning STAFF REPORT February 15, 2006 CASE NO: ZA05 -068 PROJECT: Zoning Change and Concept Plan for property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899, aka Southlake Crossroads REQUEST: On behalf of RCP Southlake Blvd. 4 2, LTD, Hopkins Commercial is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "S- P-2" Generalized Site Plan District. The plan proposes the development two retail building totaling approximately 27,100 square feet and five retail /office buildings totaling approximately 49,500 square feet. Under the "S -P -2" zoning the applicant proposes the following (see Attachment C): • "C -2" Local - Retail Commercial District uses and development regulations to exclude the following uses: o Bakeries; Cleaners, laundries and /or Laundromats; Grocery stores and /or meat markets, Newsstands; Tea -rooms and/or "Take -out" food restaurants. Amended The applicant amended this at the Planning and Zoning Commission to only eliminating laundries and or Laundromats; Grocery stores and /or meat markets • Front Yard — Not less than 30' along F.M. 1709. Not less than 20' for all other streets • Floor Area — Maximum area of 40,000 square feet per structure • Loading Spaces — No loading spaces shall be required for the development • Architecture similar to renderings The following variances are being requested (see Attachment C): • Public Street R.O.W. — Min. 60 ft required, 50 ft. R.O.W. with 31 ft. pavement width proposed • Driveway Stacking — Min. 150 ft required, requesting as shown on concept plan ACTION NEEDED: 1. Conduct public hearing 2. Consider zoning change and concept plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary No. 4, dated February 3, 2006 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -480 Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) or Dennis Killough (748 -8072) Case No. ZA05 -068 BACKGROUND INFORMATION OWNER: RCP Southlake Blvd # 2, LTD APPLICANT: Hopkins Commercial PROPERTY SITUATION: The property is located approximately 375 feet west of the southwest corner of E. Southlake Blvd. and S. Carroll Avenue. LEGAL DESCRIPTION: Tracts 4G, 4D1, & 4E1, O.W. Knight Survey, Abstract No. 899 LAND USE CATEGORY: Office Commercial with a T -1 Transition overlay option CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S -P -2" Generalized Site Plan District HISTORY: There is no development history on this property. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right -of -way. Adequate right -of -way exists for this roadway. The Master Thoroughfare Plan recommends a 2 -lane, undivided collector street, Zena Rucker Road, along the southern boundary of the proposed concept plan. The plan is showing dedication for this roadway. Existin- Area Road Network and Conditions The Southlake Crossroads development is proposing a street that will connect E. Southlake Boulevard with the future Zena Rucker Road. The applicant is proposing the street to have a right -of -way width of 50 feet with 31 feet of pavement in lieu of the standard right -of -way width of 60 feet for commercial streets. The development will have two (2) accesses onto the proposed street and one (1) access onto both E. Southlake Boulevard and the future Zena Rucker Road. E. Southlake Boulevard is a five -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. The width of the roadway is sufficient to be a seven -lane roadway. The construction of Zena Rucker Road and the proposed street will be determined by development of the site. Case No. Attachment A ZA05 -068 Page 1 May, 2005 traffic counts on E. Southlake Blvd (between Byron Nelson & Carroll Ave 24hr West Bound (WB) (22,126 East Bound (EB) (22,930 WB Peak A.M. 1,214 11:15 -12:15 a.m. Peak P.M. 2,268 5 - 6 p.m. EB Peak A.M. 2,244 7:45 - 8:45 a.m. Peak P.M. 1,545 3 - 4 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Retail 50,300 4,344 63 41 191 207 Office 27,000 486 58 8 19 90 Total 4,830 121 49 210 297 *Vehicle Trips Per Day * *The AM /PM rimes represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8 -foot multi -use trail is planned adjacent to the development along E. Southlake Boulevard. The trail currently exists and is shown on the concept plan. WATER & SEWER: A 12 -inch water line currently exists along the south side of E. Southlake Boulevard. A 10 -inch sanitary sewer line currently exists along the west side of S. Carroll Avenue. The plan proposes to extend an 8 -inch sanitary sewer line to serve the development. DRAINAGE ANALYSIS: Storm water will drain to the south to the proposed detention ponds proposed with Phase I of the development. TREE PRESERVATION: The submitted Tree Survey shows existing trees intended to be preserved within the interior landscape area of the development. Most all of the existing trees shown to be preserved are located adjacent to areas such as detention ponds, sidewalks and areas with proposed grade changes that will alter the trees existing critical root zones. The preservation of existing trees requires that a minimum of 75% of the "Critical Root Zone" area of the trees intended to be preserved remains intact and is protected from alteration. The submitted plans show that most of the trees proposed to be preserved will have an alteration of at least 50% of their "Critical Root Zone" area in the form of impervious paving and /or site grade changes. The submitted Tree Survey shows existing trees to remain, existing trees to be removed and proposed mitigation trees. The existing trees shown to be removed are shaded too dark to make out the designated survey number for each tree. Please provide a different shade or color designation so that the trees designated survey numbers can be seen. The Tree Survey shows proposed mitigation trees and shows 156" is required Case No. ZA05 -068 Attachment A Page 2 to be mitigated. The Tree Replacement Procedures or Payment into the Reforestation Fund in accordance to the regulations outlined in the Tree Preservation Ordinance 585 -B shall be followed. Itis atthe City's discretion as to what type of tree mitigation will be required of the development and any proposed or required mitigation trees planted on the site cannot be counted as required interior landscape or bufferyard trees. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Southside study area to include the following changes: Land Use Recommendations • LU: Office Commercial with optional T -I & T -2 overlay. The proposed development is not in compliance with the Consolidated Land Use Plan. A Land Use Plan amendment is required for this development. A letter must be submitted requesting a change to the Land Use Plan that specifies the new land use designation and that provides justification for the change The appropriate land use designation is Retail Commercial. OR • The proposed development has not met the informational requirements to evaluate it on the basis of the Transition District optional land use category. Specifically, the proposed development does not meet the purpose, intent, mix of uses, or the design guidelines of the Transition District Land Use Category or the standards of the Transition Zoning District • Site Specific Recommendation (from the Southside Plan): The proposed development does not meet the intent of the Southlake 2025 Plan, South Side Area Plan site specific recommendations: ■ 9a and 9b should be master - planned together. However, in limited cases, individual restaurant and other retail projects may be considered if these proposals are pedestrian oriented and cohesive with the surrounding development. Specifically, the proposed retail development does not meet the development intent or standards of the proposed Transition District. The intent is to create a pedestrian oriented development with an interconnected network of streets, buildings, and open spaces. Parking should be on street (parallel or angled only) with the majority of the surface parking to the rear of the site. Also, buildings should front on public or private streets with sidewalks or be oriented towards a focal point (open space etc.) Mobility Plan Recommendations • Continue to improve bicycle and pedestrian circulation. Develop an interconnected system of trails and sidewalks along all public and private streets. Specifically: Case No. Attachment A ZA05 -068 Page 3 • Provide a connection from the trail along Southlake Boulevard to the paved area between the West Retail building and the East Retail building to improve non - motorized access to the development. • A sidewalk should be provided along the future north -south road indicated on the plan and along Rucker Road. • Clearly indicate any proposed non - motorized connectivity to the adjoining properties to the east and west. Environmental Resource Protection Recommendations • Adapt development to the topography rather than topography to the development. o Show the areas on the site that are to be undisturbed and disturbed accurately. • Maximize tree preservation. o Clearly indicate which trees are to be removed and which trees will remain. P & Z ACTION: Approved (5 -0) February 9, 2006 subject to the Concept Plan Review Summary No. 4 dated February 3, 2006 and subject to the following: 1) Noting that the permitted uses shall allow all `C -2" uses with Exception of laundry mats, grocery stores and meat market; 2) Dry cleaners shall be limited to a maximum of 2,500 sf with no on- site cleaning or pressing processes; 3) All buildings adjacent to the street must have store fronts facing the street; 4) The east driveway on Southlake Boulevard must be right -in /right -out; 5) Approving requested regulations and variances except as noted. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated February 3, 2006. The plan does not comply with the City's land use plan. This area has an underlying "Office Commercial" designation with an optional "T -1" on the north and "T -2" on the south portion. Any approval of this request as currently proposed should note special must include justified. A justification letter has been provided by the applicant and is included as part of attachment `C'. N: \Coinnunity Development \MEMO \2005cases \05- 068ZCP.doc Case No. ZA05 -068 Attachment A Page 4 Vicinity Map Portion of Tract 4 O.W. Knight Survey, Abstract N o. 899 ■ ■ ■ ■■ �N ■ 1111 � ■■ 1 NJ ■■ Case No. Attachment B ZA05 -068 Page 1 1000 0 1000 2000 3000 Feet I Vii, o a I gqB I 140 -------- — — ----------- ) t: L2 LE 0 u ti EA 0 V LU z r w cr t7: 0 14 it z a LU J) 0 0 Z 00 'a 0 0 IL U 0 z 0 Case No. Attachment C ZA05-068 Page 1 ............ 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Z U 0� C) L, Z:) F Z SO 6 Case No. ZA05 -068 Attachment C Page 4 w. cc R• Z � Ln 0 Ln X W z C Z z ce 1n 1� n ce z W.J Q I, Ce LLJ Z'n LLJ u 0 > Cie 7 U Lu CL LL. :D s fl LU a. Cn U Case No. Attachment C ZA05-068 Page 5 U) z U- U W Q t- z D O U Z z Z ce ll LLI 0 < � -j OY ce I.Li cs7 ,.s., U O -7 > �' C Lu «j7 O LU CL. Z� © v Case No. Attachment C ZA05 -068 Page 6 x � ® T� ,a s. ID a5 g U) z U- U W Q t- z D O U Z z Z ce ll LLI 0 < � -j OY ce I.Li cs7 ,.s., U O -7 > �' C Lu «j7 O LU CL. Z� © v Case No. Attachment C ZA05 -068 Page 6 Proposed Development Standards CARROLL CROSSROADS PURPOSE AND INTENT — This S -P -2 Site Plan District is intended to permit flexibility of regulations while restricting usages. CONCEPTUAL.., PLAN — Development of the Property must conform to the attached Conceptual Plan, SITE PLAN — A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in this District. PERMITTED USES Except as provided below, the uses permitted in this District are those uses permitted in the C -2 Local Retail Commercial District. PROHIBITED USES — The following uses are prohibited within this District: Bakeries. Cleaners, Iaundries and/or Laundromats Grocery stores and /or meat markets.. Newsstands. Tea rooms and /or "take -out" food establishments. ACCESSORY USES — In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. DEVELOPMENT REGULATIONS — In this district, the following development regulations shall be applicable: a: Height: No building structure shall exceed two and one -half (2 -1/2) stories, nor shall it exceed thirty -five (35) feet. b. Front Yard: There shall be a front yard of not less than thirty (30) feet along FM 1709 For all other streets, there shall be a front yard of not less than twenty (20) feet. C, Side Yard: There shall be a side yard of not less than fifteen (15) feet. d. Rear Yard: There shall be a rear yard of not less than ten (10) feet e.. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding; fifty (50) percent of the lot area. 21 -1 REED, F ED 01 2,006 Case No. Attachment C ZA05 -068 Page 7 Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum floor area contained within any structure existing in this district shall be forty thousand (40,000) square feet. g. All commercial uses within this district shall be retail, office, restaurant and /or service type uses selling new merchandise only. h All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended, i. Off-street vehicle parking spaces may be located within the required hunt yard of any retail, office, or retail district; however, such off-street parking spaces shall be on a hard surfaced drive or parking area. J. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy (70 %) percent of the total lot area. SIGNAGE — Signage must be provided in accordance with the City of Soutlilake's Signage Ordinance, except that the City Council may grant special exceptions to the provisions of the Signage Ordinance. SIDEWALKS — Sidewalks must be provided in accordance with the City of Southlake's Sidewalk Ordinance. SPECIAL EXCEPTION USES _.. Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Dallas 11433542511 6814-C2 1/31/2006 Case No. ZA05 -068 21.2 Attachment C Page 8 NNANSTEAD -January 31, 2006 direct dial: 214.745.5330 jschnurr r@71 winstead com Kenneth Baker Director, Department of Planning Department City of Southlake 1400 Main Street, Suite .310 Southlake, Texas 76092 Re: Carroll Crossroads Dear Mr- Baker: The applicant is requesting a change in zoning from an AG Agricultural District to an S - P - 2 Site Plan District, with the property to be developed in accordance with the C -2 Local Retail Cornrnercial Zoning District development standards as submitted. In addition, the applicant is requesting to amend the Southlake 2025 Plan to Retail Commercial District. The Plan currently identifies the land use designation on the Property as Office Commercial District with the Transition T -1 (northern portion of the Property) and Transition T -2 (southern portion of the Property) overlays. The property is located on the east side of Southlake Boulevard, south of Carroll Avenue and contains approximately 9.2 acres of land The property is primarily surrounded by undeveloped land, The site fronts Southlake Boulevard,, just west of the intersection at Carroll Avenue. With its close proximity to the Southlake Town Square and other retail corners, the Property is uniquely situated in the City, The applicant is proposing a development that is both compatible and complimentary to the Southlake Town Square and nearby developments. The applicant desires to develop retail, office, restaurant and/or service type uses (selling new merchandise only) on the Property. Two four sided retail buildings are designed to front Southlake Boulevard, with parking to be located behind the buildings Additional retail and/or office buildings are proposed for the southern portion of the Property. Pedestrian and vehicular circulation within the site as well as pedestrian and vehicular access to and from surrounding properties have been carefully considered in the proposed Conceptual Plan In addition, the applicant will enhance the Southlake Boulevard streetscape by planting new trees as shown on the submitted landscape plan- The proposed landscape plan also includes open space areas with shade trees and relaxation/reflection areas. The existing difficult topography of the Property will require the reconfiguration of the slope to allow for development of the site that meets both safety and ADA requirements. The resulting plan provides a functional and vibrant development. Combined with the proposed architecture of the buildings, the applicant believes that the request merits consideration and approval by the City Council. If you have any questions regarding this matter, please do not hesitate to contact me. RUJ Dallas_t1433542213 6814 -12 1/3112006 5-100 RrNAISSANCt• TOWER � r+11 29.1 7.15 S -100 I R 1201 LI STRUS'l 17C 21.1 745 5391) DAr.r AS, TF \AS 752711 ttINSTEADCOM Case No. ZA05 -068 Very truly you s r tlaimneR.chnurr 1\ [NNI HA II S _11111 1 I All <Ir T: Arrsrru. D, Ral. Furl %murals. 11114 rr 1 r 1 [. -�� r ar 1 r r I Holmorr- San A rrd -nm 1 1".4 re..,l Cw r P-0 The Wandlandl. St rr4i++grr,rr DC Attachment C Page 9 Case No. ZA05 -068 Good Fulton & Farrell Architects 2808 Fairmount Street 214 3031500/Tel Sultry 300 214 3031512/Fax Dallas. Texas 75201 www gff corn January 31, 2005 Kenneth M. Baker, A€CP Planning Director City of Southlake 1404 Main Street, Suite 330 Southlake, Texas 76032 RE: CARROLL CROSSROADS, CASE ZA05 -068 Dear Mr, Baker: R Lamence Goad.. FAIR. Duncan T Fulton. FAIA David Michael Farrell, AK Joseph .1 Patti. AN, CSI 0,yry A WelFand, FAIA Karen K Quick. WA JerErey L Good AIA Tamara K Cuamlrtess. AIA Lmwence Cosby. AIA Scull A Hansen . AtA Donald R Kubsla AIA &Ian Wdiiam Kuper. AIA John Mcebes, AIA James r Manning Richald L MMs. AIA Jonalhnn P Rollins AIA Scull A Sawa. AEA. CCCA Davit) H Ivaim. AIA The applicant for this proposes multiple variances in conjunction with their Concept Plan/Zoning Request submittal The submitted Concept Plan is based on the below - listed variances. The fallowing are a summary of the variances requested and brief explanation of each: • Street Right -of -Way (Southlake 2025 Plan: Mobility & Master Thoroughfare Plan) In Concept Plan Review three, Southlake requested that the applicant dedicate right-of-way for a public street along the vast side of the property The applicant proposes that this street have a pavement crass- section of 31 feet, and a right -of -way at 50 feet The new street would serve as an avenue -type collector Buildings in Carroll Crossroads will be sensitive to the street and the street will be pedestrian - friendly, however, it is proposed that no on- street parking be allowed. • Internal Storage (Driveway Ordinance No. 634) The applicant proposes that the requirement for vehicle stacking along the new street on the west side of the property be reduced. As mentioned above, on- street parking will not be permitted on the new street. Head -in parking in front of the retail spaces, however, is vital to the success of the tenants. Although the new street serves as a collector, vehicle speeds would be most likely be limited to 30 mph or less k is believed that due to the low vehicle speeds, good visibility, and number of driveways, the internal storage depths along this new street are sufficient as shown • Loading Zones (Section 36, Off- Street Loading Requirements) The applicant requests that the requirements for off - street loading spaces on the north parcel be waived. Based on the zoning ordinance, each retail building requires a loading space a minimum of 10 feet by 50 feet However, the average size of a typical retail tenant in this development would likely be small, and their del €verses would often be made In the morning before store opening. Such deliveries would be made using paved areas otherwise allocated as parking, but would not Interfere with customer parking due to the mutually exclusive hours It is believed that for this development, loading spaces would he better served as off- street parking. Your consideration of this matter is appreciated. If I can provide any further information regarding these variance requests, please do not hesitate to contact me Sincerely, GOO FULTON & FARRELL ARCHITECTS Charles Sangerhausen, AIA, LEED(3 AP Good Fulton & Farrell Architects Project Architect cc: File PA20=2 00 4 518oultrlake and Carroihltr- variances- southlake013106 doe E�'D L.. Attachment C Page 10 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA05 -068 Review No.: Four Date of Review: 2/03/06 Project Name: Zoning and Concept Plan — Commercial Development West of the SWC of E. Southlake Blvd and S. Carroll Ave. APPLICANT: Steve Gregory ARCHITECT: Hopkins Commercial Good, Fulton & Farrell Phone 214 -956 -7881 Phone: 214-303-1500 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/01/06 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 DENNIS KILLOUGH AT (817) 748 -8072 OR BEN BRYNER (817) 748 -8602. 1. The following issues pertain to streets: a. A minimum 60' ROW with a 37' wide cross- section BC to BC is required for non - residential streets. (Variance requested) b. Although the street along the west boundary is shown as public, staff recommends that at the time of site plan and /or final plat review for this project, staff recommends that needed cross - section width and whether it should be a public street or common access easement be re- evaluated. c. Include Zena Rucker Road in the boundary of the zoning and concept plan (provide a metes and bounds description). Staff recommends that the need for the round -about at the intersection of Zena Rucker Road should be re- evaluated with future plat or site plan submissions. 2. The following changes are needed regarding driveways: d. Correct the spacing distances shown from driveways to street intersections. These measurements should be from the nearest ROW of line of the street to the centerline of the driveway. e. Full access driveway centerlines along Southlake Boulevard must be a min. of 500 feet from the ROW intersection. (Variance requested as shown on the plan) Case No. Attachment D ZA 05 -068 Page 1 f Driveways along the west street do not meet the minimum stacking depth of 100 feet. (Variance requested as shown on the plan) g. Approval from TxDOT is required for all intersections into FM1709 /Southlake Blvd.. 3. The following changes are either needed on the plan or in the "S -P -2" zoning regulations proposed: h. Include reference to the architectural elevations as a regulator architectural control (i.e. that all development within this district shall be similar is character to the attached architectural renderings). * "Split Lot or Tract" zoning is not permitted. An appropriate plat which includes the entire parent tract boundary should be submitted concurrently with this request or must be submitted prior to any subdivision /conveyance or construction. * Please be aware that subdivision of property without recording an appropriate plat in the County records following approval by the City may be in violation of both State law and the City's Subdivision Ordinance No. 483 and may be subject to penalties in accordance Section 9 of said ordinance as amended. * 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. * If individual tenants desire to sell alcoholic beverages a specific use permit must be processed and approved by the Planning and Zoning Commission and the City Council. * 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. This site falls within the applicability of the "Corridor Overlay Zone "and "Residential Adjacency Standards" regulations in Section 43, Parts IL And I11. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: Masonry requirements per §43.13 a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. Case No. ZA 05 -068 Attachment D Page 2 • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as amended. • Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. • Off - street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment Case No. Attachment D ZA 05 -068 Page 3 Case No. 0.5 -068 Review No. _ Five _ Dated: JanuaEy 12, 2006 Number of Pages: 2 Project Name: Southlake Blvd. & Carroll Ave. Retail (Zoning Change /Concept — P &Z Review) Comments due to the Planning Department: January 12, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review ofplans received on January 3, 2006 . 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. Are the bufferyards correctly shown and labeled? The required bufferyards are correctly shown and labeled, but the east bufferyard is not proposed to be the required minimum width for the entire length of the east property boundary line. The proposed access drive entering the development from E. Southlake Blvd. is placed within a portion of the required bufferyard. Does the plan meet the interior landscape requirements? The proposed interior landscaping seems to be correct. Does the plan meet the parking lot landscaping requirements? The parking lot landscape islands and area are correct. Are the parking /bufferyard /landscaping summary charts correct? N /A. Is a tree survey required? A tree survey of the site was submitted with the proposed Concept Plan. TREE PRESERVATION COMMENTS: The submitted Tree Survey shows existing trees intended to be preserved within the interior landscape area of the development. Most all of the existing trees shown to be preserved are located adjacent to areas such as detention ponds, sidewalks and areas with proposed grade changes that will alter the trees existing critical root zones. The preservation of existing trees requires that a minimum of 75% of the "Critical Root Zone" area of the trees intended to be preserved remains intact and is protected from alteration. The submitted plans show that most of the trees proposed to be preserved will have an alteration of at least 50% of their "Critical Root Zone " area in the form of impervious paving and /or site grade changes. Case No. ZA 05 -068 Attachment D Page 4 2. The submitted Tree Survey shows existing trees to remain, existing trees to be removed and proposed mitigation trees. The existing trees shown to be removed are shaded too dark to make out the designated survey number for each tree. Please provide a different shade or color designation so that the trees designated survey numbers can be seen. The Tree Survey shows proposed mitigation trees and shows 156" is required to be mitigated. The Tree Replacement Procedures or Payment into the Reforestation Fund in accordance to the regulations outlined in the Tree Preservation Ordinance 585 -B shall be followed. It is at the city's discretion as to what type of tree mitigation will be required of the development and any proposed or required mitigation trees planted on the site cannot be counted as required interior landscape or bufferyard trees. Non - residential Development: In a non - residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Tree Preservation Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. ZA 05 -068 Attachment D Page 5 Surrounding Property Owners Southlake / Carroll Retail 3 5 4 LVD 1 2 F. M. 1709 7 8 16 12 LJJ Q 10 9 0 11 [( U 13 6 15 14 Owner Zoning Land Use Acreage 1. Greenway Crestwood Partners S -P -2 Office Commercial 2.29 2. Greenway Rowlette 66 Lp S -13-1 Office Commercial 1.17 3. East Southlake # 1 Ltd S -P -1 Office Commercial 1.874 4. Mendez, Ltd SF-IA Office / Medium Density Res 3.419 5. Mendez, Ltd AG Office / Medium Density Res 7.665 6. Rucker, William W & Zena AG Medium Density Residential 49.156 7. Ha Ventures, LP C -3 Office Commercial 0.558 8. Ha Ventures, LP C -3 Office Commercial 2.819 9. Ha Ventures, LP AG Office / Medium Density Res 4.215 10. Rucker, William W & Zena AG Medium Density Residential 4.2 11. Prade, C A Jr AG Medium Density Residential 0.13 12. Prade, C A Jr & Anita AG Office / Medium Density Res 18 13. Rcp Southlake Blvd # 2, Ltd AG Medium Density Residential 3.91 14. Prade, C A Jr & Anita AG Medium Density Residential 18.75 15. Rcp Southlake Blvd # 2, Ltd AG Medium Density Residential 1.25 16. Rcp Southlake Blvd # 2, Ltd AG Office / Medium Density Res 14.081 Case No. ZA 05 -068 Attachment E Page 1 Surrounding Property Owner Responses Southlake / Carroll Retail Notices Sent: Nine (9) Responses Received: None (0) Case No. ZA 05 -068 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -480 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 4G, SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING APPROXIMATELY 9.20 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under Case No. Attachment G ZA05 -068 Page 1 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 Case No. Attachment G ZA05 -068 Page 2 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 4G, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 9.20 acres, and more fully and completely described in Exhibit "A" from "AG Agricultural District to "S -P -2" Generalized Site Plan District with limited "C -2" Local Retail Commercial District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: Case No. Attachment G ZA05 -068 Page 3 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 subj ect 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, Case No. Attachment G ZA05 -068 Page 4 affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least 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 Case No. ZA05 -068 Attachment G Page 5 additionally publish this ordinance in the official City newspaper onetime 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 , 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY Case No. ZA05 -068 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -068 Attachment G Page 7 .4. I I Being a portion of Tract 4G, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 9.20 acres. LEGAL DESCRIPTION Being a 233,742 square feet or a 5.3660 acre tract of land situated in the Obediah W. Knight Survey, Abstract No. 899. City of Southlake, Tarrant Courty, Texas, said tract being part of a called 19.299 acre tract of land conveyed to RCP Southlake Boulevard #2, Ltd. by deed recorded in County Clerk File No. D203471724, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a set 518 inch iron rod for a corner in the east line of the said 19.299 acre tract and the west line of a act of land conveyed to C. A. Prade, Jr. by deed recorded in Volume 6135, Page 942, Deed Records of Tarrant County, Texas, said point being S 01 E. a distance of 299.16 feet from a set '/a inch iron rod at the northeast corner of the said 19.299 acre tract and the south line of Southlake Boulevard (a variable width right of way); THENCE, S 00 °16'50" E. with the west line of the said Prade tract, a distance of 470.0(1 feet to a set 5/8 inch iron rod for a corner: THENCE, S 89 1 30'53" W, a distance of 488.59 feet to a set 518 inch iron rod for a corner in the west line of the said 19.299 acre tract, said point being in the east line of a tract of land conveyed to Southlake 'Partnership by deed recorded in Volume 8310, Page 1976, Deed Records of Tarrant County, Texas; THENCE, N 00 °12'53" W, with the common line of the said 19.299 acre tract and the said The Southlake Partnership tract, a distance of 258.98 feet to a found '/� inch iron rod for a corner. THENCE. N 10 0 58'56" W, continuing with the said common line, a distance of 214.61 feet to a set 518 inch iron rod for a corner, said point being S 10 °58'56" E, a distance of 305.11 feet from the northwest corner of the said 19.299 acre tract and the south line of Southlake Boulevard, THENCE. N 89 1 30'53" E. a distance of 528.15 feet to the Point of Beginning LEGAL DESCRIPTION Being a 166,829 square feet or a 3.8299 acre tract of land situated in the Obediah W. Knight Surrey, Abstract No. 899, City of Southlake, Tarrant County, Texas, said tract being part of a called 19.299 acre tract of land conveyed to RCP Southlake Boulevard #2, Ltd, by deed recorded in County Clerk File No. D203471724, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a set Y2 inch iron rod for a corner in the south line of Southlake Boulevard (a variable width right of way), said point being the northeast corner of the said 19.299 acre tract and the northwest corner of a tract of land conveyed to C. A. Prade, Jr. by deed recorded in Volume 6135, Page 942, Deed Records of Tarrant County, Texas; THENCE, S 00 °16'50" E. departing the south line of Southlake Boulevard and with the west line of the said Prade tract, a distance of 299.16 feet to a set '/2 inch iron rod for a corner, THENCE, S 89 130'53" W, a distance of 528.15 feet to a set '/2 inch iron rod for a corner; THENCE, N 10 °58'56" W, a distance of 305.11 feet t4 a set 1 /2 inch iron rod for a corner in the south line of Southlake Boulevard, THENCE, N 89 130'53" E, with the south line of Southlake Boulevard, a distance of 445.77 feet to a set '/� inch iron rod at the at the beginning of a tangent curve to the right with a central of 00 °41'39 ", a radius of 11,394,16 feet, a chord bearing of N 89 1 51'50" E and a chord distance of 138.04 feet: THENCE, Northeasterly, continuing with the south line of Southlake Boulevard and along said curve, an arc distance of 138.04 feet to the Point of Beginning. Case No. ZA05 -068 Attachment G Page 8 1* 1 I IC B b �g Le � r l } l ------------ - t l ii �- -- ._ - -- -T- - w IR � � d J tIb U) z 0 _U I i A! g � z 0 ez� 3 Z V7�d 4 r 2 2 d� 0 0(h oa o Zly �w�r Qp .gm0� ULL ayezc5 Case No. Attachment G ZA05 -068 Page 9 DI w IR � � d J tIb U) z 0 _U I i A! g � z 0 ez� 3 Z V7�d 4 r 2 2 d� 0 0(h oa o Zly �w�r Qp .gm0� ULL ayezc5 Case No. Attachment G ZA05 -068 Page 9 it ..... ... . . ii et 'M ............. 712 X S4� 7 Ol ' hi`4`j - E -... -� : / Iii ' < � � _ �� 4�� F 14 GJ (0 I= V. Case No. Attachment G ZA05-068 Page 10 O LL z 'D z C 3� C S 0 z D Ln A, IBS 0 M i 'I U) z IVA f I 0 U Z D 0 u z a� Lu Lr) le QH u 2 2 < L Ln fz LL. C U V) z 0 LU -j LLJ L LLJ U 0 LL u Case No. Attachment G ZA05-068 Page 11 Z 0 W LJ z Z 0 z 0 } a } Il.l L.� 0 z Case No. ZA05 -068 Attachment G Page 12 U) Z 4 U 3 � fi Lys A �E u.r 3 ga z Case No. ZA05 -068 Attachment G Page 12 U) Z 4 U W a z z W w � w z Z p � Q LLJ ©� L z LLI Ln u 0- o �_ �o 7� U ce �O O ��- z v Case No. ZA05 -068 Attachment G Page 12 \ </ �\7 \\ \ Q « e 2 0 � �u Case No. Attachment ZA05 068 Page 13 / % / 2) ! ,§. �« : °� f z Z \ E � LLJ LLI / } O . \\ Ce � ƒ/ LLJ U 0\ > q / CL g ' . L) C � L Q +C /\ CL Lf) @2 Case No. Attachment ZA05 068 Page 13 Case No. ZA05 068 ir . > ` a . ,° a \\\ §§ � CO \k }� } \ § Page 14 U) z § ¢ m 2 2 O � �u � ¢ $ 2 / z 2 e LU �$ G L u b/ L) � CL L m V) � uj Attachment Proposed Development Standards CARROLL CROSSROADS PURPOSE AND INTENT — This S--P -2 Site Plan District is intended to permit flexibility of regulations while restricting usages. CONCEPTUAL PLAN — Development of the Property must conform to the attached Conceptual Plan, SITE PLAN — A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in this District, PERMITTED USES Except as provided below, the uses permitted in this District are those uses permitted in the C -2 Local Retail Commercial District. PROHIBITED USES — The following uses are prohibited within this District: Bakeries. Cleaners, Iaundries and/or Laundromats.. Grocery stores and /or meat markets.. Newsstands. Tea rooms and /or "take -out" food establishments. ACCESSORY USES — In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance.. DEVELOPMENT REGULATIONS — In this district, the following development regulations shall be applicable: a Height: No building structure shall exceed two and one -half (2 -1/2) stories, nor shall it exceed thirty -five (35) fect. b. Front Yard: There shall be a front yard of not less than thirty (30) feet along FM 1709 For all other streets, there shall be a front yard of not less than twenty (20) feet. c. Side Yard: There shall be a side yard of not less than fifteen (15) feet, d. Rear Yard: There shall be a rear yard of not less than ten (10) feet C. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50) percent of the lot area. 21 -1 REUDI F ED 01 1006 Case No. Attachment G ZA05 -068 Page 15 f. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum floor area contained within any structure existing in this district shall be forty thousand (40,000) square feet. g. All commercial uses within this district shall be retail, office, restaurant and /or service type uses selling new merchandise only. h All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended, i. Off-street vehicle parking spaces may be located within the required front yard of any retail, office, or retail district; however, such off-street parking spaces shall be on a hard surfaced drive or parking area. J- Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy (70 %) percent of the total lot area. SIGNAGI — Signage must be provided in accordance with the City of Soutlilake's Signage Ordinance, except that the City Council may grant special exceptions to the provisions of the Signage Ordinance. SIDEWALKS — Sidewalks must be provided in accordance with the City of Southlake's Sidewalk Ordinance. SPECIAL EXCEPTION USES _.. Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Dallas_ 1\4.335425\1 6814 -12 1/. ]!2006 Case No. ZA05 -068 21-2 Attachment G Page 16