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Item 7ECity of Southlake Department of Planning STAFF REPORT March 8, 2006 CASE NO: ZA05 -146 PROJECT: Zoning Change and Site Plan for Bicentennial Plaza REQUEST: Thomas Stephen /The White House Exe. Center is requesting approval of a zoning change and site plan from "C -2" Local Retail Commercial District to "S -P -l" Detailed Site Plan District with "C -2" Local Retail Commercial District uses along with an alternate revised site plan under the existing "C -2" zoning. The following uses, regulations and variances are proposed under the "S -P -1" zoning and site plan: • There shall be a side yard setback of not less than ten (10) feet along the east boundary. • Concrete tilt wall with a stained finish as shown on the building elevations. • Parking — 72 parking spaces required, requesting 10% reduction or 65 spaces. The following variances to the Driveway Ordinance No. 634 are requested under the "S -P -l" site plan: ➢ Driveway Spacing — Min. 250 ft required for right -in /right -out drives, 80 ft & 219 ft proposed. ➢ Driveway Stacking — Min. 50 ft required, 41 ft proposed The following variances are requested under the alternate "C -2" revised site plan: • Parking —67 spaces required, requesting 10% reduction or 60 spaces. • Masonry — Concrete tilt wall with a stained finish as shown on the building elevations. Driveway Spacing — Min. 250 ft required for right -in /right -out drives, 80 ft & 219 ft proposed. Driveway Stacking — Min. 50 ft required, 22 ft proposed. Both plans are subj ect to City Council approval and execution of an access agreement for use of the Bicentennial Park driveway and the "S -P -l" plan is also subject to a parking construction and use agreement on the park property. ACTION NEEDED: 1. Conduct a public hearing on the proposed "C -2" zoning alternate site plan; 2. Consider the "C -2" alternate site plan 3. Consider the "S -P -1" zoning change and associated site plan Case No. ZA 05 -146 ATTACHMENTS STAFF CONTACT (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Site Plan Review Summary No. 3, dated March 8, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -481 (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (748 -8067) or Dennis Killough (748 -8072) Case No. ZA 05 -146 BACKGROUND INFORMATION OWNER: Thomas Stephen / The White House Exe. Center, L.P. APPLICANT: GSO Architects PROPERTY SITUATION: 410 W. Southlake Blvd. The property is located on the northeast corner of the Bicentennial Park entrance drive and W. Southlake Boulevard (FM 1709). LEGAL DESCRIPTION: Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -2" Local Retail Commercial District REQUESTED ZONING: "S -P -l" Detailed Site Plan District HISTORY: -City Council approved the "C -2" zoning with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. -A site plan was approved by City Council for a two -story office building with bank on August 5, 2003. TRANSPORTATION ASSESSMENT: Case No. ZA 05 -146 Master- Thoroumhfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right -of -way. Adequate right -of -way exists for this road. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly onto W. Southlake Boulevard (F.M. 1709) and one (1) access onto the Bicentennial Park main entrance. The drive on W. Southlake Boulevard will be a right -in /right -out drive. W. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous, two -way center left -turn lane. The roadway will ultimately be re- striped to a 7 -lane roadway. May, 2005 traffic counts on F.M. 1709 (between White Chapel and Shad Oaks 24hr West Bound (VvB ) (23,614 East Bound (EB) (23,725 WB Peak A.M. 1,282 7:45 - 8:45 a.m. Peak P.M. 2,556 5:15 - 6:15 p.m. EB Peak A.M. 2,362 7:45 — 8:45 a.m. Peak P.M. 1,529 3 - 4 p.m. Attachment A Page 1 Traffic Impact PATHWAYS MASTER PLAN: WATER & SEWER: Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT Retail Center 12,548 510 N/A N/A 14 19 *Vehicle Trips Per Day * *The AM/PM times represent the number of vehicle trips generated during the peak travel time on W. Southlake Blvd. According to the Master Pathways Plan, an 8 -foot multi -use trail is planned on the west side of the Bicentennial Park main entrance. An 8 -foot sidewalk is proposed along W. Southlake Boulevard. The site will connect into an existing 8" water line along the north side of W. Southlake Boulevard. The site will connect into an existing 8" sanitary sewer line also on the north side of W. Southlake Boulevard. TREE PRESERVATION: The only existing trees on the site are two (2) Mesquite trees and approximately four (4) small Eastern Red Cedars. All of the existing trees are located within the proposed parking lot and building footprint area. There is a row of small Eastern Red Cedar that has voluntarily grown along the south property boundary line adjacent to the R.O.W. but they are not of sufficient diameter to be considered protected. DRAINAGE ANALYSIS: The site drains to the proposed detention ponds on the north side of the development which outfall to the existing storm sewer system in Bicentennial Park Drive. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Southside Plan study area to include the following changes: Land Use Recommendations • Existing land use designations — Retail Commercial. P &Z ACTION: February 23, 2006; Approved (6 -0) subject to subject to the Site Plan Review Summary No. 3 dated February 17, 2006 noting that the "S -P -1" zoning and site plan is preferred, approving the alternate "C -2" zoning revised site plan and granting the requested variances. COUNCIL ACTION: March 6, 2006; Approved to table to the March 21, 2006 meeting. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated March 8, 2006. M \Community Development \MEMO \2005cases \05- 146ZSP.doc Case No. ZA 05 -146 Attachment A Page 1 Vicinity Map Bicentennial Plaza f III Case No. Attachment B ZA 05 -146 Page 1 1 000 0 1 000 2000 3000 Feet Currently Approved Site Plan hi J 4 I ' ' :N.1- .7 rA'LP i k t A 11 �b� I� b ire ng 5xl k" L M LLB L LL — F J� LLCLLLLLL d I W i J LLLLLLLLLL 4 I + L L LL.L LLLLL , I kL.LLLLLLI.� LLLL! L L L L L r LLLLLLLLLL ' LLL LLLLL ; I t. r, L LLL LLLLL.` _ 0 ;',`,�• LLLL LLLLL LL 1 h k * p IM �A 1 rr Case No. Attachment C ZA 05 -146 Page 1 Currently Approved Elevation Case No. ZA 05 -146 s t-- I I i iii ' `off - 11 w� 11,11 1,11 g Attachment C Page 2 o� � 0 1� b � CfQ � PROJECT OATR s1l"mARY- TABIFUDDHS: GF`NFRp D6TA: mn. raunors u[.cHn p: 4ppx un- P I _ mnRi.a2 \ -' urnw- r,<,n�U A-1. is GomH • Mw • 1YER[EN 1110 SUM 1 T RILL ROAD SIL 1T6 L9 116 DALLAS, TEXAS 75230 MIPERVIWS CWGtAGE W3 &9d61 PAC pTq 3fL11E1 ' — �' --�— —, \ Lanbti Pwvxa eru•u ®.vA /M ! rtl N WM 1 _. -- � �' .mlNGwewnwrwe [iE�slEO vARUwrES � �.K..a � ° .� is w CL g F �} y } y }} I2Zda &P. y, � u•R.o�xN.. eurnxvAROa � W .�7 C '� f } SPRINKLEREO' (� O <0 E-9TOIR I W a } } p RETAdL/FESTALRAN T W o. I l 1 alll. � eNlRr I� r�le�r I e I I i � � %'FIFE WE G 9IIQLK%NIBIP . I � I � J ` 4 1 mv YO 1. E>I6R4 0.B HNr N � 4 � •Ny ,sv,am N'Y.NiER NIEf BIOE6wx � ✓< � Lwvegapwfy7fRw vvlES 11 SOU I HI,A BL VD. 4 — (P.M.,7M BONN . (_ P 0.ws 811EPIAN Pm wmARe�nlu�R � wawxGnula munamfi &S. PG. NI M•0.i¢I .Nla6crP.fMry 9rP %iN6B5 woau u�u.R auRCn urneePaavu.luusurvRr I.un .. anssow.encu! 6Pry,66.yyr, TR+wr coumr, mmm LPl@6GPE ISSUE 1.04 NQ DPSCBEPLION 7 0 Stile A34M f R tr,o a n uAre s[GaIED 308 NO.: OS DR7E' 11dhR3 SCAEE Sh7PV � � ® I R aPP SHEET ISO. 01 SITE PLAN WIP6G !OT AIJ ZA06 -146 RFf'. ".) � 3= ? 1 11 ; 96 b V d r � r I l �� N z W n i sWInARrcxnRr .IR�ERwRw4a�� i I - 7 7- I BICENTENNIAL PLAZA SOUTH LA KE, TX . 9 7 s "ll 1-395.ykl THOMAS STEPHEN CO. m WEST SOUTHLAKE BLVD, 01 SITE PLAN SP-4 JOB- 05-060 ISSUE DATE. 01117106 SCALE- V-50'-O' APPROVED BY- DATE- � n I 4"" 1 6 1 I lu l W. j FUTURE 05 ENTRY MONUMENT SIDE (WEST) ELEVATION 01 & PARTIAL PLAN FRONT (SOUTH) ELEVATION 03 & PARTIAL PLAN M�E 04 REAR (NORTH) ELEVATION SIDE (EAST) ELEVATION 02 & PARTIAL PLAN UQ HARVEST H3LL ROAD SUFTE 146, LB LM DALLA!, TEXAS ?Mo im m" IAX MU"*2 J Z L W 2 0 ISSUE LOG DATE - fL . ....... .. DA71: SIGNED JON 10. DAM lreio $CALL. SHE ZA05-146 �A n o� � i b � CfQ � r C�, n 02 SIDE (EAST ELEVATION 01 SIDE (WEST) ELE Iq6' . P -0 _. 0 FRONT _ (SOUTH) ELEVAT 04 REAR (NORTH) ELEVATION A21 `- doI3.. 05.054 ISSUE DATE.01117108 SCALE- 1 -0' =_ ., ^^�� i310 H� ra Hi91 Ad Suiee �� Dolle� Texss x5236 BICENTENNIAL PLAZA AP °" B', SOUTH LAKE, TX DATE- G S v fox 9 3.961 r.xsa2ass64u THOMAS STEPHEN CO. _ a C�, n 02 SIDE (EAST ELEVATION 01 SIDE (WEST) ELE Iq6' . P -0 _. 0 FRONT _ (SOUTH) ELEVAT I --- ------- I� I T_ , N-1 G S 0 _j % i 2e- L -30M BZ - SWI I7 WMEN 1310 RARVEST RILL ROAD 'TITe K 0 [95 DALLAS. TEXAS ?SM D 0 J 0 Ff T A I ' L "WILERul 6TORY RETALMSTAURANT 19 41 1 WEST SOUMLAKE BLVD. 01 SITE PLAN 7- � 7 -= ISSUE LOG NQ DESCRIMOM WE Yfi. f6<03 EhM r I DAM 0�u SHEET NO. MIT ZA05-148 Vl r y -A n Bicentennial Plaza Proposed Permitted Uses and Development Regulations for "S -P -1" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subj ect to the development regulations for the "C -2" Local Retail Commercial District, and all other applicable regulations with the following exceptions: • There shall be a side yard setback of not less than ten (10) feet. along the east property boundary • Concrete tilt wall with a stained finish shall be permitted to comply with exterior masonry requirements as shown on the attached building elevations. Case No. Attachment C ZA 05 -146 Page 8 SITE PLAN VARIANCE REQUEST Case No.: ZA05 -146 Review No.: One Date: 1117106 Project Name: Site Plan — Bicentennial Plaza Applicant: Thomas Stephen Architect: GSO Architects Thomas Stephen Lisa Swift 250 W. Southlake Blvd. 5310 Harvest Hill Suite 146 Southlake, Texas 76092 Dallas, Texas 75230 Phone: 817 -552 -3100 Phone: 972 -385 -9651 Fax: 817- 424 -2474 Fax: 972- 385 -3462 Prepared by: Lisa Swift, GSO Architects Stacking Depth: A variance is requested to allow 41' stacking on the inbound side of the driveway along Southlake Blvd. The driveway is right-in/right-out only, and to provide the required 50' stacking would require the loss of a parking space in front of the building, where parking is at a premium. The 50' stacking depth has been exceeded on the outbound side of the drive. This conforms to the previously approved site plan. 2. Driveway Spacing: A variance is requested to allow 219' from centerline of the Bicentennial Park entrance to the proposed drive along, Southlake Blvd. This conforms to the previously approved site plan. The proposed drive location also allows for a proper right- in/right-out driveway to be constructed with a median, which would not be possible if the drive was shared with the GTE station to the east. 3. East Building Setback: A variance is requested to allow a 10' building setback on the eastern property line in lieu of the required 15'. 4. Parking: A variance is requested to allow a 10% reduction in the parking required on site, and to allow outdoor seating at restaurants without incurring a parking requirement. Due to the proximity to and integrated design with Bicentennial Park, the site will have considerable cross- parking with the park. Case No. ZA 05 -146 Attachment C Page 9 SITE PLAN REVIEW SUMMARY Case No.: ZA05 -146 Revised Review No.: Three Date of Review: 03/08/06 Project Name: Site Plan —Bicentennial Plaza OWNER: Thomas Stephen 250 W. Southlake Blvd Southlake, TX 76092 Phone: (817) 552 -3100 Fax: (817) 424 -2474 ARCHITECT: GSO Architects Lisa Swift 5310 Harvest Hill, Suite 146 Dallas, TX 75230 Phone: (972) 385 -9651 Fax: (972) 385 -3462 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/06/06 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 AT (817) 748 -8602. The following issues pertain only to the primary site plan proposed with the "S -P -1" zoning: 1. An access easement and parking agreement must be approved by City Council and filed of record for the use of the Bicentennial Park driveway and for construction and use of parking spaces with the City park property. 2. The following changes are needed with regard to driveways & parking: a. Provide the minimum stacking depth for the drive on W. Southlake Blvd. A minimum of 50' of stacking is required. 41 feet of stacking is proposed (A variance has been requested.) b. Provide the minimum driveway spacing on W. Southlake Blvd. Spacing between a full - access drive and a right -in /right -out drive is required to be a minimum of 250'. (A variance has been requested.) The applicant requests approval of the S -P -1 zoning regulations as proposed. This includes parking reduction stained tilt wall construction and a 10 foot side yard setback from the east boundary The following comments apply only to the alternate site plan proposed under the "C -2" zoning: 3. An access easement and agreement must be approved by the City Council and filed of record for the use of the Bicentennial Park Driveway. 4. A total of 67 spaces would be required on the alternate plan. 60 parking spaces are proposed (A variance to allow a 10% reduction is requested.) 5. Exposed concrete tilt wall does not comply with the minimum masonry requirements of the corridor overlay zone. A stained concrete tilt wall material is proposed for a portion of the building. (Variance requested). Case No. Attachment D ZA 05 -146 Page 1 6. The following changes are needed with regard to driveways: a. Provide the minimum stacking depth for the drive on W. Southlake Blvd. A minimum of 50' of stacking is required. 22 feet of stacking is proposed (A variance has been requested.) b. Provide the minimum driveway spacing on W. Southlake Blvd. Spacing between a full - access drive and a right -in /right -out drive is required to be a minimum of 250'. (A variance has been requested.) INFORMATIONAL COMMENTS The following driveway variances were granted on the currently approved site plan: a) Stacking depth for the driveway on W. Southlake Blvd. A minimum of 50' of stacking is required, 41' was permitted b) Driveway spacing on W. Southlake Blvd. Spacing between a full- access drive and a right - in /right -out drive is required to be a minimum of 250'. 219 feet was provided from the park- entry drive and 80' was permitted from the adjacent utility building driveway. 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. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Case No. ZA 05 -146 Attachment D Page 2 Case No. 05 -146 Review No. _ Dated: Janugy 26, 2006 Number of Pages: 1 Project Name: Bicentennial Plaza (Site Plan) Comments due to the Planning Department: January 26, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review ofplans received on ,Ianuaa 18, 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. The interior landscape calculations are miscalculated for 50% of the proposed building square footage. Please correct the required interior landscape area and associated plant material calculations. No Tree Survey is required but it would be best to provide a plan that shows the location and types of trees on the site. The only existing trees on the site are two (2) Mesquite trees and approximately four (4) small Eastern Red Cedars. All of the existing trees are located within the proposed parking lot and building footprint area. There is a row of small Eastern Red Cedar that has voluntarily grown along the south property boundary line adjacent to the R.O.W. but they are not of sufficient diameter to be considered protected. Case No. ZA 05 -146 Attachment D Page 3 Surrounding Property Owners Bicentennial Plaza 7 9 $ 1Q s 5 . 1 709 4 3 1 2 V Owner Zoning Land Use Acreage 1. Dana's Studio of Dance C -2 Office Commercial 0.668 2. Reutlin er, Richard C -2 Office Commercial 13.861 3. Clardy-Ruffner C -2 Office Commercial 0.885 4. Lechler, Gloria 0-1 Office Commercial 13.11 5. City of Southlake CS Public Parks / Open Space 9.9 6. GTE Southwest Inc CS Public / Semi - Public 0.35 7. City of Southlake CS Public Parks / Open Space 8.592 8. City of Southlake CS Retail Commercial 0.329 9. Southlake Oaks Phii Investors C -2 Retail Commercial 1.868 10. White House Exec Center C -2 Retail Commercial 1.353 Case No. ZA 05 -146 Attachment E Page 1 Surrounding Property Owner Responses Bicentennial Plaza Notices Sent: Six (6) Responses Received: None (0) Case No. ZA 05 -146 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -481 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 TRACT 3D5, SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING APPROXIMATELY 1.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C -2" Local Retail Commercial District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA05 -146 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA05 -146 Page 2 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 Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686, being approximately 1.3 5 acres, and more fully and completely described in Exhibit "A" from "C -2" Local Retail Commercial District to "S -P -1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: 1. Case No. Attachment G ZA05 -146 Page 3 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, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where Case No. Attachment G ZA05 -146 Page 4 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 additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage Case No. ZA05 -146 Attachment G Page 5 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 -146 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -146 Attachment G Page 7 104 . I: Being Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686, being approximately 1.35 acres: TRACT 2 LEGAL DESCRIPTION 58,972 SQ. FT. S 1.3538 ACRES BEING a 1.3538 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, and being a part of a tract of land conveyed to Marion Gribble Truelove, Individually and as Independent Executrix of the estate of J.P. Truelove, trustee as recorded in Volume 9667, Page 2315, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 112 inch iron rod found for corner on the north right -of -way line of F.M. Highway 1709 (a variable width right -of -way), said point being S 88 deg. 57 min. 44 sec. E, a distance of 907.05 feet from the centerline of Shady Oak Drive, said point also being on the east line of a 0.3299 acre tract of land as conveyed to the City of Southlake as recorded in Volume 11804, Page 0061 of said Deed Records; THENCE N 01 deg. 43 min. 47 sec. W, along the east line of said 0.3299 acre tract, a distance of 110.08 feet to a 112 inch iron rod set for corner at the beginning of a curve to the left having a central angle of 19 deg. 24 min. 09 sec., a radius of 380.00 feet, and tangent of 64.96 feet; THENCE in a Northwesterly direction along the said east line, an arc length of 128.68 feet to a 112 inch iron rod set for corner at the end of said curve, said point being in the south line of an 8.7523 acre tract of land as conveyed to the City of Southlake as recorded in Volume 11618, Page 1326 of said Deed Records; THENCE S 88 deg. 57 min. 44 sec. E, along the south line of said 8.7523 acre tract, a distance of 273.58 feet to a 112 inch iron rod set for corner; THENCE S 01 deg. 33 min. 31 sec. E, passing at 68.76 feet to a 112 inch iron rod found at the northwest corner of Lot 1, Block 1, Woodland Hills RSU, an addition to the City of Southlake, as recorded in Cabinet A, Slide 608, Deed Records of Tarrant County, Texas, and continuing along the west line of said Woodland Hills RSU Addition for a total distance of 223.15 feet to a 112 inch iron rod set for corner on the North right -of -way line of said F.M. 1709, said point also being the beginning of a non- tangent curve to the right having a central angle of 01 deg. 55 min. 30 sec., a radius of 5659.58 feet, a tangent of 95.08 feet, a chord bearing and distance of S 87 deg. 23 min. 42 sec. W, a distance of 190.14 feet; THENCE in a Southwesterly direction along the north right -of -way line of said F.M. Highway 1709 and along said curve to the right, an arc length of 190.15 feet to a concrete monument with brass disk found for corner at the end of said curve; THENCE N 88 deg. 57 min. 44 sec. VII, along the north right -of -way line of said F.M. Highway 1709, a distance of 60.97 feet to the POINT OF BEGINNING and containing 58,972 square feet or 1.3538 acres of land, more or less. Case No. ZA05 -146 Attachment G Page 8 o� ~ o OIN b � va ,� PROJECT DATA SIIMNARV- 7 A9 WAT10l15: r oRe nu,anvw ra. 6n w upe _ \ � f � _ � eewcwi �� ro�+ms u. vxorcan w,nw r� �'- `►;:.,. _� .xonmr n¢,.rtcrs nc GOU6 • S5 W • VBx[EN 5310 [ SUM 14 L9 _ LL 1 6 ROAD 5[711°& 1�6, L8 I56 \ o — M! nnW ' �ALL4 TEAS 75230 Bg BAP£RVIOVS CWEAYGE Jn % A' A` W.67791hSC�7[ECum. r— @ T� ,8 9dB rL wuu rmis m eE mcare �rww m, m �moneX r/n vrmiwl �8rw J Y- — \ �° —. CG,F rlMIU0 L6t,wms,awE RRpL i VFRIANG£5 oEVm a W w ` °� rreeeRE6R r 4 t • s�"m# 6 mer anxr emar oBrz, edlRr 61 L� T CL „ S F S l 9b 1U,48 SF. b x.a ova, eur�n ARw w W v I SPRIN:LERED 0 < o { QEC7 I-Bi(TTA — -P — ::: Y 1 I oraLrt�arAURavT m .o. I I I Q ai wmr ewRr amr..: IR V I q 11 14 - 149 1 U ue.s m I I TSSUE LOG L E^ anew I NIF* �y � �� Fl4%iIflIW IXI611�pY , ➢LFi _ I I R � _ � , — � BUAM1WRY [9lkRd- MER3OR4AN PEIWIp 6URfAVgA081 .NFnI H 6 u w cewAE1E - yi1NlER th.swr d ve rA v.neeoe v. aaxune Sy' w. � ..w WES SOUTHLA BL VD. — ° — — R66I�CIIRB — ¢ � wvnaKCxwee® x PF.BNrI�R eK� R .ie,io J.IFCIIIEA 9RALTa3tl6�66 3 ]>MESIGNBn wfim m�oaarowr� c,.R,sr Lirni eeawro.luusuR„�v 41LE.0 4elf.GH , �eAM[OUxil', LUIl•d'FIfW�mu alwcE•5�owancuL WL4RS. Po.ifl, JBB NO.: BJ-0SB 2SGN I.uJa ms€aweetclu Mm 11d14% %CAFE P'•J6� 01 SITE PLAN NrFnJOrxxu LOr g SHEET NO. W A6W e� ZA05146 RFro F 1 � 9 " " il fl m'e olm 4" 161 I lu A— l FUTURE 05 ENTRY MONUMENT SIDE (WEST) ELEVATION 01 & PARTIAL PLAN FRONT (SOUTH) ELEVATION 03 & PARTIAL PLAN M�E 04 REAR (NORTH) ELEVATION SIDE (EAST) ELEVATION 02 & PARTIAL PLAN SMQ HARVEST H3LL ROAD SUFTE 146, LB LM DALLA!, TEXAS ?Mo im m" IAX MU"*2 J Z L W 2 to ISSUE LOG DATE - fL . ....... .. DA71: SIGNED JON 10. DAM lreio $CALL. SHE ZA05-146 Bicentennial Plaza Proposed Permitted Uses and Development Regulations for "S -P -l" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subj ect to the development regulations for the "C -2" Local Retail Commercial District, and all other applicable regulations with the following exceptions: • There shall be a side yard setback of not less than ten (10) feet on the east boundary line. • Concrete tilt wall with a stained finish shall be permitted as shown on the attached building elevations. Case No. Attachment G ZA05 -146 Page 11