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
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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
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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.
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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.
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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.
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Attachment G
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CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
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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.
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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.
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Attachment G
Page 9
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