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Item 8ACity of Southlake Department of Planning STAFF REPORT June 14, 2006 CASE NO: ZA06 -031 P ROJECT: Zoning Change and Concept Plan for Morrison Office Park REQUEST: On behalf of Foreman Lewis, Hutchison PC, and The Morrison Group, Adams Engineering is requesting approval of a zoning change from "AG" Agricultural District to "S -P -2" Generalized Site Plan District with "O -1" Office District uses and to include limited "C -3" General Commercial District uses. The plan proposes the development of approximately 43,380 square feet for general office uses with approximately 10,000 square feet of that square footage potentially used as a product showroom for retail sales. The plan contains approximately 6.19 acres. The uses and regulations proposed under the "S -P -2" zoning are as follows: • "O -1" Office District uses and development regulations to include the following "C- 3" General Commercial District uses on Lot 7 only: • Hardware, paint, wallpaper stores and other home improvement items and activities • Household and office furniture, furnishings and appliances • Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors within this zoning district • Front Setback — Along the proposed street, not less than ten (10) feet • Impervious Coverage — Max. overall not to exceed 65 %, individual lots may not exceed 85% • Bufferyards — Bufferyards along interior lot lines shall not be required • Bufferyards — The west portion of the front bufferyard may be encroached by the common access drive • Parking — 1 space per 300 square feet for Lot 7 The following variances are requested: • Public Street R.OW. — Min. 60 ft required, 40 ft. R.O.W. is proposed • Driveway Stacking — 75 feet required, requesting 13 feet and 12.5 feet • Trash Receptacle — Required to be to the side or rear of the building, proposing receptacle in the front yard of Lot 2 • Trash Receptacle — Required one per lot, proposing 3 total receptacles • Interior Landscaping — Requesting interior landscape requirements to be equally distributed throughout the development Case No. ZA 06 -031 ACTION NEEDED: Consider first reading of zoning change and concept plan ATTACHMENTS STAFF CONTACT (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated May 12, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -491 (H) Full Size Plans (fog• Coninn and Council Member.v Only) Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 06 -031 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA 06 -031 Foreman Lewis, Hutchison PC, and The Morrison Group Adams Engineering The property is located at 2720 E. State Highway 114. Tract IA, situated in the S. Freeman Survey, Abstract No. 525 Office Commercial and Low Density Residential "AG" Agricultural District "S -P -2" Generalized Site Plan District There is no development history on this property. Master Thoroughfare Plan The Master Thoroughfare Plan recommends State Highway 114 to have between 300 and 500 feet of right -of -way. Adequate right -of -way exists for this roadway. Existinz Area Road Network and Conditions The Morrison Office Park development is proposing to use an existing driveway on E. State Highway 114 that is shared with the Next Century Dental office to the west. The development also proposes a street that will intersect with the E. State Highway 114 frontage road. The applicant is proposing the street to have a right -of -way width of 40 feet with 10 -foot utility easements on either side in lieu of the standard right -of -way width of 60 feet for commercial streets. Five (5) lots in the development will have access onto the proposed street. E. State Highway 114 is currently a 6 -lane, restricted access thoroughfare with 3 -lane frontage roads on either side. May, 2005 traffic counts on E. State Hwy 114 frontage road (between NW ighway Bridge & Kimball Ave 24hr West Bound (WB) (13,544) East Bound (EB) (15,125) WB Peak A.M. (759) 8 - 9 a.m. Peak P.M. (1,465) 5 - 6 p.m. EB Peak A.M. (2,071) 7:15 - 8:15 a.m. Peak P.M. (1,017) 5:15 - 6:15 p.m. Attachment A Page 1 May, 2005 traffic counts on E. State Hwy 114 main lanes (between FM 1709 & Kimball Ave 24hr West Bound (WB) (30,540) East Bound (EB) (33,500) WB Peak A.M. (2,204) 7:45 - 8:45 a.m. Peak P.M. (2,674) 5:45 - 6:45 p.m. EB Peak A.M. (2,925) 7:15 - 8:15 a.m. Peak P.M. (2,492) 5:15 - 6:15 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Office 43,380 478 60 8 11 54 *Vehicle Trips Per Day "The The AM /PM times represent the number of vehicle trips generated during the peak travel times on E. State Highway 114 frontage road. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8 -foot multi -use trail is planned adjacent to the development along the E. State Highway 114 frontage road. The trail is shown on the concept plan. WATER & SEWER: An 8 -inch water line exists along the north side of the E. State Highway 114 frontage road. An 8 -inch sanitary sewer line exists at the northwest corner of the proposed office development. DRAINAGE ANALYSIS: This development drains in several directions. Lot 1 drains to the northwest corner of the property to an existing detention pond previously constructed at Shady Lane. Lot 3 will drain to the north. And the eastern portion of the property will drain to the east to a proposed detention pond at the northeast corner of the property or directly into SH 114. TREE PRESERVATION: The submitted tree survey does not show the proposed utility easements as required, but a Sanitary Sewer Easement is proposed to be located within the north section of Lot 1. This easement cuts directly through a stand of existing trees proposed to be preserved on both the Concept Plan and Tree Survey. The installation of a sanitary sewer within this easement would alter and possibly kill twelve (12) existing protected "Quality" trees. If the line is installed by trenching than at least four (4) trees at a minimum would need to be removed. It is recommended that directional boring be utilized to install the sanitary sewer line if the development is approved. The submitted tree survey shows that existing trees would be removed outside of the building pads, parking, utility and drainage easements, and fire lanes. Any trees that are removed or altered outside of these areas will be required to be mitigated by payment into the City of Southlake Reforestation Fund per Section 7.3 of Ordinance 585 -B. Case No. ZA 06 -031 Attachment A Page 2 SOUTHLAKE 2025: The following recommendations are made for the Morrison Office Park: • Sidewalks are provided throughout the proposed development. However, a connection needs to be provided between the trail along the frontage road and the internal sidewalk system. A sidewalk is recommended on both sides of the public road within the development. The trail along the frontage road should be straightened. • Maximize tree preservation. • Avoid re- grading the site. P &Z ACTION: May 18, 2006; Approved (5 -0) subject to Concept Plan Review Summary No. 3, dated May 12, 2006; granting the requested variances; restricting the C -3 General Commercial uses to plumbing fixture showroom and related furnishings only; and, accepting the applicant's willingness to comply with the following: • No loading dock • Save trees per exhibit presented • Show the design of the retaining wall • Require boring to protect trees • Show renderings and elevations adjacent to all residential areas • Increase detaining pond capacity • Lighting plan showing where and type • 8' wood fencing with metal posts • Landscaping plan for the east side • Screen the dumpster area where visible STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated May 12, 2006. N: \Community Development \MEMO \2006cases \06- 03 1ZCP.doc Case No. ZA 06 -031 Attachment A Page 3 Vicinity Map Morrison Business Park Case No. ZA 06 -031 � a Attachment B Page 1 1000 0 1000 2000 3000 Feet iiiiiijmmmmmmlm Morrison Office Park Proposed Permitted Uses and Development Regulations for "S -P -2" Zoning Permitted Uses: This property shall be limited to the permitted uses as found in the "O -1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended, with the following "C -3" use also being permitted for Lot 7: • The building use in Lot 7 will limited to approximately 10,000 sf of product showroom for retail sales. Product storage will be minimal with warehousing at offsite facilities for direct shipment of sales. Permitted C -3 uses relative to this application consist of: #11. Hardware, paint, wallpaper stores and other home improvement items and activities. #15. Household and office furniture, furnishings and appliances. #23. Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors within this zoning district. Development Regulations: This property shall be subject to the development regulations for the "O -1" Office District, and all other applicable regulations with the following exceptions: • Along the proposed street, the front building setbacks shall be 10 -feet. • Bufferyards along the interior lot lines shall not be required. • The west portion of the Lot 1 Front Bufferyard may be encroached by the common access drive to the extent that the required total of the buffer area is maintained. • The maximum impervious coverage shall not exceed 65- percent of the total lot area for the overall development. However, individual lots may be allowed a maximum impervious coverage of 85- percent. • Parking agreements will be in place prior to permitting to satisfy the combined parking requirements for the development. • Shared trash dumpster agreements will be in place prior to permitting to satisfy the combined needs of the development. • The permitted C -3 use on Lot 7 shall calculate the required parking as an Office facility of 1 parking space per 300 square foot of floor space. RI'r MAY 0 1 2666 Case No. Attachment C ZA 06 -031 Page 1 Morrison Office Park Requested Development Variances Corridor and Residential Overlay: The Lot 2 trash receptacle is proposed within the front yard of SH 114. The merit of this location is due to the difference in grade ( +/- 10') to the right -of -way line and the large distance to the frontage road. Minimal to no landscape material will be necessary to completely screen the trash receptacle from SH 114. Combined with the remaining two trash receptacles, the shared use of each receptacle is equally distributed within the development. Subdivision Ordinance: • Lot frontage will be accomplished with the dedication of a 36' Ff public road within a 40' right -of -way. A 10 -foot utility easement will border the perimeter of the dedicated right -of -way. No public utilities are proposed to follow the alignment of the road. Driveway Ordinance: • The required parking of the development dictates a driveway stacking depth of 75' to the SH 114 right -of -way. The primary entrance of the development as a dedicated public street will comply with the requirement. The secondary entrance is constructed to the west of the development. Although the proposed stacking depth to the frontage road is 75 -feet, the requested stacking depth to the SH 114 right -of -way is a minimum of 13 -feet. • The dedicated public street serves this development only. Therefore the interior stacking depths to this public street are requested to be a minimum of 12.5 -feet. Landscape Ordinance: • As may be necessary, interior landscape requirements are requested to be equally distributed throughout the development. RMOD MAY 0 1 2006 Case No. ZA 06 -031 Attachment C Page 2 o � 00 w • m b � - / u,o 10V =smaFSroEN— wG I m x y a U l "", s FE r. 1 o <. £j 'T-+ m f*xh ' I o e e g . ,—, . � W � W � DONIIAM 'TRAIL a Fn (. 'I' I N s - xe CD c I CITY OF — YTHLAKE -I- W ^ Lk t p f VqR B1E A ,.a 11 xE os<���ER na< aw, — sc >,rnnnxc - -__ c• T �,o-��1, p` ��Pra�os�.,�E eAme A, gENCNMARKS E � CP -1 RECD MAY ®1 2006 w n 0 t; ! u F ill 3 � eo N STV, I 28' E 62502 7 LOT 'b ........... 0 ..... ...... 'OT L07 3 ....... . . . . . . OTll .................. r ILI EEO a-.- LOI I laA - --- ------ - --- 11 4 Xf - C1CITY OF So SO THLAJ MORRISON OFFICE PARK SOUTHLAKE, TX TREE SURVEY EXHIBIT /�, Adams ENGINEERING CD CD 'c ra<name Wl n.'an 7w I 1 16 M W fttW M X3 Dw U ,h I \P�Psce \2we 2"03 a lm,y REUD MAY 0 1 � n Alur E hd rA 'd cl� a� U Ste" O U • M O O �o �N SITE PLAN REVIEW SUMMARY Case No.: ZA06 -031 Review No.: Three Project Name: Concept Plan — Morrison Office Park Date of Review: 05/12/06 APPLICANT: Adams Engineering Ben Henry 500 S. Nolen Drive Southlake, TX 76092 Phone: (817) 329 -6990 Fax: (817) 329 -7671 OWNER: The Morrison Group Bryce Pool 311 East Vickery Fort Worth, TX 76104 Phone: (817) 870 -2227 Fax: (817) 877 -4942 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/01/06 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 (817) 748 -8602. 1. Provide a public street meeting the regulations found in Subdivision Ordinance No. 483 for commercial streets. Commercial streets are required a minimum 60' of R.O.W. If City Council approves the reduced R.O.W. width, staff recommends a 10' U.E. on both sides for utility location and maintenance. (A variance has been requested.) 2. Provide the stacking depth for all drives. The required stacking depth for all drives is 75'. (A variance has been requested.) 3. The following changes are needed with regard to trash dumpsters and enclosures: a. Show the location of all proposed trash dumpsters. Each lot should plan for a dumpster location. (A variance has been requested.) b. Relocate the dump ster on Lot 2. Trash receptacles shall be located to the side or rear of the principal building. (A variance has been requested.) 4. Based on the parking calculations, no medical office uses shall be permitted in the development. Sufficient parking must be provided per individual lot unless a written agreement is properly executed and filed as outlined in the Comprehensive Zoning Ordinance No. 480, as amended (Sec 35.2.b). A copy of the agreement must be provided to the City prior to receiving building permits. 5. The following changes are needed regarding fire lanes: a. Identify and label all proposed fire lanes. Fire lanes must meet hose -lay coverage requirements. Fire lanes are required to be 24' in width and a minimum interior radius of 30'. Case No. Attachment D ZA 06 -031 Page 1 b. If a fire lane is required between lots, relocate lot lines so that the fire lane is not split down the middle. Splitting fire lanes should be minimized as much as possible so that maintenance responsibilities are clearly defined. * Although not within the City of Southlake, staff recommends providing a minimum 8' screening device along the east boundary adjacent to the single family residential properties. * Staff recommends shifting the building on Lot I to the front and parking to the rear similar to the development to the west. This will solve the stacking problems for that lot. INFORMATIONAL COMMENTS * 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. * The proposed overall site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "O -1" Zoning District on the overall development. The impervious coverage area percentage of the development is approximately 53 %. * It appears that this property lies within the 65 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. * A permit from TxDOT must be obtained prior to any curb cut along S. H. 114. Case No. Attachment D ZA 06 -031 Page 2 Case No. 06 -031 Review No. _ Three _ Dated: May 11, 2006 Number of Pages: 1 Project Name: Morrison Business Park (Zoning Change & Concept Plan) Comments due to the Planning Department: May 11, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on May 1, 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 shown to be provided along the outer boundary of the entire development property and not adjacent to the interior lot lines. It is recommended that if the bufferyards are approved as shown, that the plant material that would be required for the distance of the required bufferyards within the interior of the development be installed elsewhere within the development. 2. The Applicant is proposing that the central entrance to the development be a public right -of -way. The minimum of a 10' Type -B bufferyard is required to be provided when O -1 and 0-2 zoned properties are adjacent to local streets. The full width of the south bufferyard in Lot 1, adjacent to State Highway 114 is not provided. Does the plan meet the interior landscape requirements? No. It looks as though Lots 2, 3, 5 and 6 may not meet the interior landscape area requirements. 2. Lots 1, 3 and 5 do not meet the required interior landscape area placement. A minimum of 75% of all required interior landscape area for each lot shall be in front and along either side of the building between the building and the interior edge of the required bufferyards and a portion thereof shall be placed adjacent to the buildings where practical. Does the plan meet the parking lot landscaping requirements? Yes. Are the parking /bufferyard /landscaping summary charts correct? Case No. ZA 06 -031 Attachment D Page 3 Not required on a Concept Plan submittal. Is a tree survey required? A Tree Survey was submitted with the Concept Plan submittal. Tree Preservation Comments: Staff recommends that a Tree Conservation Plan in accordance to the regulations outlined in Ordinance 585 -C be submitted along the submittal of the Concept Plan. 2. The submitted tree survey does not show the proposed utility easements as required, but a Sanitary Sewer Easement is proposed to be located within the north section of Lot 1. This easement cuts directly through a stand of existing trees proposed to be preserved on both the Concept Plan and Tree Survey. The installation of a sanitary sewer within this easement would alter and possibly kill twelve (12) existing protected "Quality" trees. If the line is installed by trenching than at least four (4) trees at a minimum would need to be removed. It is recommended that directional boring be utilized to install the sanitary sewer line if the development is approved. The submitted tree survey shows that existing trees would be removed outside of the building pads, parking, utility and drainage easements, and fire lanes. Any trees that are removed or altered outside of these areas will be required to be mitigated by payment into the City of Southlake Reforestation Fund per Section 7.3 of Ordinance 585 -B. 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. Other Comments: The Concept Plan and Site Plan show a landscape feature such as a fountain within the cul -d -sac median of the proposed right -of -way. Unless specifically approved by City Council Action, this landscaping will not be maintained by the City. The property Developer or Property Management Company will be held responsible for the full maintenance of all landscaping required and provided during and after the development of the property. 2. It does not look like there is sufficient area of right -of -way in back of the curb. Case No. ZA 06 -031 Attachment D Page 4 Surrounding Property Owners Morrison Office Park I � � I Owner Zoning Land Use Acreage 1. Bonola Family Limited Prtnshp C -3 Office Commercial 1.149 2. Bonola Family Limited Prtnshp C -3 Office Commercial 1.263 3. J & M Partners Ltd SF-IA / AG Office Commercial 8.23 4. Various w /in City of Grapevine N/A N/A N/A 5. Austin Oaks HOA C -1 Office Commercial 0.2 6. 168 Venture No 111 C -1 Office Commercial 0.451 7. 168 Venture No 111 C -3 Office Commercial 0.459 8. Graham, Norris L AG Office Commercial 6.408 Case No. ZA 06 -031 Attachment E Page 1 Surrounding Property Owner Responses Morrison Office Park Notices Sent: Six (6) Responses Received: One (1) • Karen Porter, President of Austin Oaks HOA, submitted a letter in opposition on May 18, 2006. Case No. ZA 06 -031 Attachment F Page 1 May 18, 2006 Case No. ZA 06 -031 Mr. Ben Bryner City of Southlake Department of Planning Re: Morrison Office Park - ZA06 -0.32 Mr. Bryner As president of the Austin Oaks Homeowners Association, I would like to convey on behalf our homeowners the great concern we have with the Morrison Office Park in consideration before the P &Z commission Thursday, May 18, 2006, Through our conversations with you and your staff, we believe we have a solid understanding of the ordinances that govern the design. In addition to our conversations with Southlake, we took the initiative to meet Mr, Bryce Pool and his consultants to learn more about their intentions and convey our concerns personally. In that meeting we asked Mr, Pool to consider constructing an 8' high masonry wall on our common property boundary. We believe this will not only help to maintain the property value of our homes and our neighborhood as a whole, but increase the aesthetic value of his development. As you and I discussed, not only did he disregard your recommendation to treat our residential adjacency as he would a Southlake neighborhood but he stated to us that a wall would change the financial dynamics of his development and force a redesign that would negatively impact us. Mr, Pool explained to us that one redesign option might be to seek a variance to decrease his building setbacks and decrease the proposed bufferyards to the required minimum. For the record, our HOA would maintain our position to have the wall regardless of that action, Another design solution mentioned by Mr. Pool to offset the cost of the wall might require the elimination of the detention area to allow more parking and building area. Again, Austin Oaks will support a redesign effort in order to obtain the wall condition. The proposed plan and uses are not objectionable, in fact, we let Mr. Pool know we would speak in favor' of his petition if he agreed to an 8' masonry wall and required landscaping. At this time there is no agreement between parties. For this reason we respectfully request that Staff and the P &Z Commissioners consider our position and require a masonry wall that not only protect our property values but our homeowners as well. Thank you for your time and patience. They are both appreciated. Karen Porter, Austin Oaks HOA RECTI MAY 1 8 2006 Attachment F Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -491 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 IA, SITUATED IN THE S. FREEMAN SURVEY, ABSTRACT NO. 525; AND BEING 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE LIMITED "C -3" GENERAL 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 ZA06 -031 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 made; and, Case No. Attachment G ZA06 -031 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 IA, situated in the S. Freeman Survey, Abstract No. 525, and being approximately 6.19 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 and limited "C -3" General 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: 1. Case No. Attachment G ZA06 -031 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 subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions Case No. Attachment G ZA06 -031 Page 4 of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Case No. ZA06 -031 Attachment G Page 5 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 APPROVED AS TO FORM AND LEGALITY: Case No. ZA06 -031 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -031 Attachment G Page 7 EXHIBIT "A" Being Tract IA, situated in the S. Freeman Survey, Abstract No. 525, being approximately 6.19 acres. Morrison Office Park Property Description Being 6.194 acres of land situated in and being a part of the Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas; said 6.194 acres of land also being a portion of that certain 1" Tract described in the deed to Norris L. Graham and J.B. Graham recorded in Volume 7925, Page 491, Deed Records of Tarrant County, Texas; said 6.194 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a " +" cut in concrete set in a concrete driveway at the southeast corner of Lot 1, Block 1, Bonola Family Addition, an addition to said city according to the plat filed in Cabinet A, Slide 8967, Plat Records, Tan-ant County, Texas; said " +" being in the present north R.O.W. line of State Highway No. 114; the deed to the State of Texas for highway ROW widening being recorded in Volume 14468, Page 119, Deed Records, Tarrant County, Texas; THENCE N 00 W, 374.60 feet along the east line of said Bonola Addition to a `/2 inch iron rod found at the northwest corner of said l Tract; THENCE N 89 0 42'28" E, 625.02 feet along the north line of said I" Tract to a 5/8 inch iron rod found at the northeast corner of said I` Tract and in the west line of Lot 5, Block 2, Austin Oaks Subdivision, an addition to said city according to the plat filed in Cabinet A, Slide 408, Plat Records, Tarrant County, Texas; THENCE S 00 0 3749" W, along the east line of said I" Tract and along the west line of said Block 2, Austin Oaks Subdivision passing the southwest corner of Lot 1, Block 2 and the northwest corner of a tract of land described in the deed to Austin Oaks Homeowners Association, Inc. according to the deed recorded in Volume 12586, Page 15, Deed Records, Tarrant County, Texas and continuing in all along the east line of said I" Tract 493.34 feet to a %x inch iron rod with a plastic cap stamped "Landes & Assoc:' found at the northeast corner of said State of Texas ROW tract; THENCE along the north line of the State of Texas tract and the present northerly ROW line of State Highway No. 114 the following courses and distances: N 84"04'11 " W, 174.53 feet to a TxDot Highway ROW monument found; N 73 0 32'24" W, 253.76 feet to a TxDot Highway ROW monument found; N 82 0 40'45" W, 200.94 feet to the POINT OF BEGINNING and containing 6.194 acres of land. Case No. ZA06 -031 Attachment G Page 8 EXHIBIT `B" Morrison Office Park Proposed Permitted Uses and Development Regulations for "S -P -2" Zoning Permitted Uses: This property shall be limited to the permitted uses as found in the "O -1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended, with the following "C -3" use also being permitted for Lot 7: • The building use in Lot 7 will limited to approximately 10,000 sf of product showroom for retail sales. Product storage will be minimal with warehousing at offsite facilities for direct shipment of sales. Permitted C -3 uses relative to this application consist of: #11. Hardware, paint, wallpaper stores and other home improvement items and activities. #15. Household and office furniture, furnishings and appliances. #23. Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors within this zoning district. Development Regulations: This property shall be subject to the development regulations for the "O -1" Office District, and all other applicable regulations with the following exceptions: • Along the proposed street, the front building setbacks shall be 10 -feet. • Bufferyards along the interior lot lines shall not be required. • The west portion of the Lot 1 Front Bufferyard may be encroached by the common access drive to the extent that the required total of the buffer area is maintained. • The maximum impervious coverage shall not exceed 65- percent of the total lot area for the overall development. However, individual lots may be allowed a maximum impervious coverage of 85- percent. • Parking agreements will be in place prior to permitting to satisfy the combined parking requirements for the development. • Shared trash dumpster agreements will be in place prior to permitting to satisfy the combined needs of the development. • The permitted C -3 use on Lot 7 shall calculate the required parking as an Office facility of 1 parking space per 300 square foot of floor space. 1 Case No. ZA06 -031 Attachment G Page 9 o 0 c w m b� ITE 1 f "3 � DaNStn a>'sro I NORTH -) � s wamnymow i i _ , 4 =� o� l i I v. I 'II Il li l / I I r ----- ------ A LU 0 M[ / 4 Z H 4 __- - LEGEND A ` cR(WOSED COVf.RETE PAVING E'®'; PROPOSED SIDEWALK VAVING PP.CPOSEO LANDSCAPE AREA PRWDSE06UFFER YARD AREA I � x F �I A UI I p 1 I E I { r zm `l `� .. DONIIAM 'TRAIL } I I i I ' ZONPD R " I (C�[yolQ pev'ur.) �/ F��yy1 - L ' CITY M1 OF SOI/ITHLAKE / —I— W ^ W 8 I w� X T° par a cc cuD o� ca wwwracvi 5 U R - CF -1 RECD MAY ® 1 2006 Z906 -031 o� I I I I-� I � I i •o° <cs � � BAYai POLL a.o[w c 6ENCNMARKS y bA '. CC � a v Ni cn bA Ste" N 'd N Cl� N U Ste" O IN O M Z O � O V N