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Item 8BCity of Southlake Department of Planning STAFF REPORT July 12, 2006 CASE NO ZA06 -040 P ROJECT: Zoning Change with Site Plan and Concept Plan for Ethan Allen REQUEST: DMS Architects, Inc. is requesting approval of a zoning change and site plan from "S- P-l" Detailed Site Plan District and `B -l" Business Service Park District to "S -P -l" Detailed Site Plan District with "C -3" General Commercial District uses. The plan proposes the development of an Ethan Allen furniture store of approximately 18,234 square feet and a building of approximately 6,988 square feet for retail uses on approximately 3.80 acres. The uses and regulations proposed under the "S -P -1" zoning are as follows: • "C -3" General Commercial District uses and development regulations The following variances are requested: Driveway Stacking — 75 feet required, requesting ±53 feet Driveway Spacing — Min. 250 ft required for right - in/right -our drives, requesting ±237 feet; Min. 500 ft required for full- access drives, requesting ±490 feet The applicant is requesting relief from the staff recommendation to relocate the building and drive lane to the south on Lot 2 in order to preserve the maximum number of the existing quality trees. (See comment #6b of Attachment D.) ACTION NEEDED: Consider first reading for zoning change with site plan and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Review Summary No. 4, dated June 30, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -497 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 06 -040 BACKGROUND INFORMATION OWNER: Greenway -1709 / Eleven Partners, LP APPLICANT: DMS Architects, Inc. PROPERTY SITUATION: 2171 E. Southlake Blvd. LEGAL DESCRIPTION: Lot 3, J.A. Freeman No. 529 Addition and a portion of Tract 1132, situated in the J.A. Freeman Survey, Abstract No. 529 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S -P -1" Detailed Site Plan District & `B -1" Business Service Park District REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: - Zoning on the property was placed by the City with approval of Zoning Ordinance No. 480 in September of 1989. -A Plat Showing was approved by the City on November 12, 2001 for Lot 3, J.A. Freeman No. 529 Addition. -City Council approved a change of zoning and site plan to "S -P -1" zoning on July 16, 2002. TRANSPORTATION ASSESSMENT: Case No. ZA 06 -040 Master Thoroughfare 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 two (2) accesses directly onto E. Southlake Boulevard. The west drive will be a right - in/right -out drive. The east drive will be a full access drive. Common access easements have been provided to extend into all surrounding properties. E. Southlake Boulevard is a five lane, undivided thoroughfare with a continuous, two -way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway. May, 2005 traffic counts on F.M. 1709 (between Carroll Avenue and Kimball Avenue): 24hr West Bound (WB) (26,724) East Bound (EB) (20,584) WB Peak A.M. (1,663) 11:15 -12:15 a.m. Peak P.M. (2,427) 4:45 - 5:45 p.m. EB Peak A.M. (1,778) 7 - 8 a.m. Peak P.M. (1,445) 12:30 -1:30 p.m. Attachment A Page 1 Traffic Ini»ctet PATHWAYS MASTER PLAN: Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Furniture Store 18,234 92 2 1 4 5 Retail 6,988 284 N/A N/A 8 10 Total 25,222 376 2 1 12 15 *Vehicle Trips Per Day *The AN"M times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard E. Southlake Boulevard near Kimball Avenue carries approximately 47,308 vehicles. The site will generate approximately 3 vehicular trips during the A.M. rush and approximately 27 vehicular trips during the P.M. rush. The Southlake Pathways Master Plan recommends an 8 -foot Multi -use trail along the south side of E. Southlake Boulevard adjacent to the site. The applicant has shown the trail on the plan. WATER & SEWER: A 12" water line exists along the south side of E. Southlake Blvd. A 10" sanitary sewer line exists just to the west of the property on the south side of E. Southlake Blvd. TREE PRESERVATION: The existing trees are shown on submitted Tree Conservation Plan, Site Plan and Grading Plan. On the Conservation Analysis Plan (Attachment C, Page 6) the trees to be removed are shown in red and the trees to be preserved are shown in green. The proposed north access drive and parking spaces within the northern portion of Lot 2 cuts directly through a stand of nine (9) Pecan trees and one (1) American Elm of are proposed to be removed. Staff recommends that the building, drive and parking spaces in this area be moved to the south to preserve these trees. The stand of trees within the far northeast portion of the property (future development area) consists of Black Willows, Hackberry and Cottonwood and is within a low grade area. The topography grade of this area would need to be changed to allow for proper drainage of the site. The applicant shows the majority of these trees to be preserved. Staff recommends that the layout of the development be revised to preserve as many "Quality" trees on the site as possible. For example some of the Pecan trees currently shown within the access drive and parking spaces could possibly be preserved and used to shade a patio on the west side of the restaurant. The American Elm in the back of the restaurant property is located in or close to the required south bufferyard area. A parking lot landscape median could be Case No. Attachment A ZA 06 -040 Page 2 provided to allow enough root area for the tree to be preserved. DRAINAGE ANALYSIS: The property drains to the north to the existing box culverts under E. Southlake Boulevard. SOUTHLAKE 2025: Land Use Plan Recommendations The land use designation is Retail Commercial. The proposed development is consistent with the designation. Site Specific Recommendations (South Side Area Plan) Future development should be architecturally integrated with the proposed Ethan Allen and restaurant. Environmental Resource Protection Recommendations Preserve trees to the maximum extent feasible. Consider altering the layout of Lot 2 to maximize tree preservation and to make the trees a focal point on the lot. P &Z ACTION: July 6, 2006; Approved (5 -0) subject to review; granting driveway stacking and spacing variances; exclude the following "C -3" uses: taverns, clubs, golf driving range, and theatre; correct the tree conservation analysis plan to show proposed improvements for lot 2 and the offsite common access driveway; identify which trees will be saved and which will be removed; and, show City Council intention for mitigating tree removal. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated June 30, 2006. M \Community Development \MEMO \2006cases \06- 040ZSP.doc Case No. ZA 06 -040 Attachment A Page 3 Case No. ZA 06 -040 Vicinity Map Ethan Allen � Attachment B Page 1 1004 0 1404 2400 3400 Feet o � 00 0 1� n v 1� -- - - - - -- .. - -.- -.. -� �- - -- - -— ;� E. SOUTHLAKE BLVD (FMvaq 8 (130 FCW ASPH PVMT I /,^ONC C&GI e S + rr S s RIGHT I .PI - -- POI NT OF BEGENNI NG UTIL e a T rv'1. RI . . . . . . . . . . . . . i — — I_ — sny °lase' , -1 .aE x x JJx I i ,.I CURVE TABLE CURVE TRBL E LDi CURVE oh LtP n olus LE H Icfn c n o 0 6 - 0 '. ' k. 3 2 NE '.ABLE LOT I L e LINE LE aTH BE IEG ITT- § ZDNEC 'Bl' _ e ---4 T- I I- w ,x RIGG LINE �I . n IuE TA E[ E UT ? w ) ry ETH A. ii G — ail ' OaiE Islox Drvo=G�� „x�� ZA - 040 prrm JUN 1 9 2006 I.— \ 1 o � 00 O i 1"r n I� V � I"r K w EXTERIOR FINISHES SCHEDULE H NO. MATERIA- fPC— CO- H /DRYVD WrU- 0NPLIS (� vm EYKBTDKEPMRELU- )1-11'8 1, COIf1A. EHdN PL.9NWHRE R❑ SYNMflICSNCCOHNEN /DRIM OURUNiIONPLLS - ETA4611(BEEiALt0.1 COIOR. 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NAPALRAI:Pi,GP MASGNRf IN GF F1(IE'I" MP ESUR 0115R0.0YJMA1B .Y3,114i,RESN1!NG V )SRIHESNRFAC.EARFA3fNf MAGNRY. Z Q. m 0 0 Z Z O W J ? aax w z o KK[o �1 ZA06 RECD JUN 1 9 2006 A2.Z w n o � o 0 b � va ,� t hLA Ir Ethan Allen 2171 East Southlake Blvd. - Southlake, Texas July 18, 2006 3low ��t� cts -�-n I L 1 its April 10, 2006 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Ethan Allen 1709 Addition 2171 E. Southlake Blvd. Southlake, Texas Case No. ZA06 -040 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 -3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "C -3" General Commercial District and all other applicable regulations. DMS Architects, Inc. Michael W. Shields, NCARB, AIA Principal ZA 0 6 - 040 DMS Architects, Inc. 300 college avenue • fort worth, texas 76104 • 817 -570 -2000 • fax 817- 570 -2010 Case No. Attachment C ZA 06 -040 Page 5 unmo i.�.v.x no wil.o v. xn si o3+.s b re n u avaN i2 mu s ...wrrs a r\ ma.ov 2v Y� a mw a �a�wrre: Ll \J I 2..iu��oiinL � glu i t ►, -:1— " .. v' w Ir x r I '�aum nul xw vaeuv ao sun —__— O 'd'I N ml si sc,, •SIIJxiWa x313v /eoc�xe eoci a iN mmp xTfN Mx0 `ea°aa"s ��m °'°W �� s t '—w rNruevn •a2s 'ox r,ra(ser •13Nns Hrlv3a� 'o 'r 3NL M r [D'S W+5 A a1 awxyxi Sew ]xuvn r I ]oo� a l v- . LL 60L1 SIN °eW3 MU l ____ fir u" I N loIor O X011WMll.W ffMZ ` - unmo i.�.v.x no wil.o v. xn si o3+.s b re n u avaN i2 mu s ...wrrs a r\ ma.ov 2v Y� a mw a �a�wrre: Om 2 -.I dkW ALNIJIA `O 4 ' I ' PAP �/I I I I I I I r\ q41- Ll \J I 2..iu��oiinL MODNWHS Ir r a� 5wxrwe wnnYmt - -'' I I :s � a v 0 00 �o �N ' PAP r\ q41- I 2..iu��oiinL MODNWHS Ir r MU l ____ fir u" I N loIor ` - �� ��• ice ��� I IIIIII a .... �� lulu � a v 0 00 �o �N SITE PLAN REVIEW SUMMARY Case No.: ZA06 -040 Review No.: Four Date of Review: 06/30/06 Project Name: Site Plan — Ethan Allen 1709 Addition APPLICANT: Ethan Allen Global, Inc. ARCHITECT: DMS Architects, Inc. Kristin J. Hatch Michael W. Shields Ethan Allen Drive Danbury, CN 06813 Phone: (203) 743 -8399 300 College Avenue Fort Worth, TX 76104 Phone: (817) 570 -2000 Fax: (203) 730 -9016 Fax: (817) 570 -2010 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/19/06 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 DENNIS KILLOUGH AT (817) 748 -8069 OR BEN BRYNER AT (817) 748- 8602. 1. The following changes are needed with regard to bufferyards & interior landscaping: a. Correctly show and label the required bufferyards along lot lines. A 5'— Type `A ' bufferyard is required along the south lot line for both Lots I & 2. A S' Type `A' bufferyard is also required along the east lot line of Lot 2. b. Correct the south and west bufferyards for Lot 2 in the Bufferyard Calculation Chart. The required bufferyards are 5'— Type `A '. C. Two of the proposed medians in the south parking area of Lot 1 are smaller than the minimum requirement of 12' in width. Planter islands shall have a minimum width of 12 ' back -to -back if curbed or 13 ' edge -to -edge if no curb is intended, and shall be equal to the length of the parking stall. 2. The following changes are needed with regard to driveways: a. Label the stacking depth for the proposed right - in/right -out drive. Correct the stacking depth labeled for the full- access drive on the adjacent property to the east. Staff measured a stacking depth of X53 ' and X80 ', respectively. b. Provide the minimum stacking depths required for all lots. The minimum depth required is 75'. (A variance has been requested.) C. Label the spacing between the proposed full- access drive and to the nearest drive to the east on E. Southlake Blvd. Case No. Attachment D ZA 06 -040 Page 1 d. Provide the minimum spacing for all proposed drives. The minimum spacing required between full- access drives is 500' from centerline to centerline. The minimum spacing allowed is 250' from centerline to centerline of each full- access driveway in both directions. (A variance has been requested.) e. Correctly show the right - in/right -out driveway in front of Lot 2 per City design guidelines. TxDOT has more restrictive regulations for driveways on state highways. The applicant is responsible for approval from TxDOT for the proposed drives. The following changes are needed with regard to parking: a. Provide the typical dimensions for all parking and loading spaces. The minimum dimensions are 9'x 18 ' for parking spaces and 10 ' x 50 ' for loading spaces. b. Lot 2 is currently shown to be over - parked which will require tree mitigation. 4. Update the Site Data Summary Chart to include calculations for the `Total'. Label the height and type of screening for the proposed trash dumpster enclosures. 6. The following changes are needed with regard to the Tree Conservation Analysis plan: a. Correct the Tree Conservation Analysis plan to show the proposed improvements for Lot 2 & the off -site common access driveway and to identify which trees are planned to be saved and which are planned to be removed. b. Adjust the pad site, drive lane, and parking along the north boundary such that the maximum number of the quality trees may be preserved. Curvature in the common access easement may allow for compliance with the stacking depth requirement and can provide traffic calming for the site. 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. Trees will be preserved per the Tree Conservation Analysis plan. Any trees removed that are shown for preservation on the adopted Tree Conservation Analysis plan shall be mitigated per City Ordinance. All development must comply with the City's Drainage Ordinance No. 605 and detain all post development run -off. Case No. ZA 06 -040 Attachment D Page 2 * The proposed sites do not exceed the maximum permitted impervious coverage area percentage of 75% for the "C -3" Zoning District. The impervious coverage area percentage of this is approximately 72% for Lot 1 and 62% for Lot 2. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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 letter of permission from the adjacent property owner(s) on the west and east 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 06 -040 Attachment D Page 3 Case No. 06 -040 Review No. _ Four _ Dated: June 29, 2006 Number of Pages: 2 Project Name: Ethan Allen (Zoning Change / Site Plan) Comments due to the Planning Department: June 29, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on June 19, 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. Bufferyards: The required bufferyards are correctly shown and labeled, but the north east edge of the northeast parking spaces is located within the east bufferyard. Relocate the parking outside of the bufferyards. Interior Landscape 2. Two of the proposed medians in the south parking area of Lot 1 are smaller than the minimum requirement of 12' in width. Correct the width Planter islands shall have a minimum width of 12' back -to -back if curbed or 13' edge -to -edge if no curb is intended, and shall be equal to the length of the parking stall. Existing tree credits are proposed to be taken for existing trees within the west bufferyard portions of both Lot 1 and Lot 2. There are no existing trees within the west bufferyard area of Lot 2. Existing tree credits shall only be granted if the trees are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. Tree Conservation Analysis and Plan The existing trees are shown on submitted Tree Conservation Plan, Site Plan and Grading Plan. On the Conservation Analysis Plan (Attachment C, Page 6) the trees to be removed are shown in red and the trees to be preserved are shown in green. The proposed north access drive and parking spaces within the northern portion of Lot 2 cuts directly through a stand of nine (9) Pecan trees and one (1) American Elm of are proposed to be removed. Staff recommends that the building, drive and parking spaces in this area be moved to the south to preserve these trees. The stand of trees within the far northeast portion of the property (future development area) consists of Black Willows, Hackberry and Cottonwood and is within a low grade area. The topography grade of this area would need to be changed to allow for proper drainage of the Case No. ZA 06 -040 Attachment D Page 4 site. The applicant shows the majority of these trees to be preserved. Staff recommends that the layout of the development be revised to preserve as many "Quality" trees on the site as possible. For example some of the Pecan trees currently shown within the access drive and parking spaces could possibly be preserved and used to shade a patio on the west side ofthe restaurant. The American Elm in the back of the restaurant property is located in or close to the required south bufferyard area. A parking lot landscape median could be provided to allow enough root area for the tree to be preserved. All protected trees that must be altered to construct the required and permitted improvements based on the City Council approved Tree Conservation Plan are exempted from the tree replacement and protection requirements. Such improvements may include building pads, required parking areas, driveways, fire lanes, streets, and required utility and drainage infrastructure that are required by City ordinances and have been approved by the appropriate boards or officers of the City. However, if the site is determined to be over parked, a percentage of removed trees by caliper inch equal to the percentage of additional parking must be mitigated. Any protected trees within a building footprint that the approved Tree Conservation Plan determines do not have to be altered shall be subject to the tree protection requirements contained in Ordinance 585 -C. All other areas of the proposed development, including areas in utility easements and areas designated for cut /fill for any purpose other than required drainage and infrastructure improvements, shall be subject to both the tree protection and tree replacement requirements of Ordinance 585 -C. Case No. ZA 06 -040 Attachment D Page 5 Case No. ZA 06 -040 Review No. 4 Dated: 6/30/06 Number of Pages: 1 Project Name: Ethan Allen — Zoning Change /Site Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748 -8100 Fax: (817) 748 -8077 Email: ctaylor(Wci.southlake.tx.us The following comments are based on the review of plans received on 6/6/2006. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: 1. The existing storm sewer stub shall be extended to the east property line of this development for future connection. 2. Provide documentation on the drainage plans which describes how the school site to the south has provided detention for the difference between pre - developed and post - developed conditions on the Greenway Investment site south of Southlake Boulevard, including the Ethan Allen development. * This property drains into Critical Drainage Structure #15 (crosses N. Kimball Ave. approximately 800' north of SH114) and requires a fee to be paid prior to beginning construction ($406.50 /acre). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * An access permit from TxDOT is required prior to construction of a driveway on FM 1709. Submit application and plans directly to TxDOT for review. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. This review is preliminary. Additional requirements may be necessary with the review of construction plans. * — Denotes informational comment. Case No. ZA 06 -040 Attachment D Page 6 Surrounding Property Owners Ethan Allen Owner Zoning Land Use Acreage 1. W2001 Wal Real Estate Ltd Prt C -3 Regional Retail 16.509 2. Greenway- 1709/Eleven 11, LP S -P -1 Retail Commercial 1.914 3. Gateway Church CS Office Commercial 13.675 4. Equinvest Owner II Ltd L1Y C -3 Town Center 13.078 5. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 8.553 S -P -1 /B-1 Retail Commercial 11.219 Case No. ZA 06 -040 Attachment E Page 1 Surrounding Property Owner Responses Ethan Allen Notices Sent: Six (6) Responses Received: None (0) Case No. ZA 06 -040 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -497 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 LOT 3, J.A. FREEMAN NO. 529 ADDITION AND A PORTION OF TRACT 1B2, SITUATED IN THE J.A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT AND `B -1" BUSINESS SERVICE PARK DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -3" GENERAL COMMERCIAL DISTRICT USES, 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 "S -P -1" Detailed Site Plan Case No. Attachment G ZA06 -040 Page 1 District and "B -1" Business Service Park District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly 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 -040 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 Lot 3, J.A. Freeman No. 529 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas, and a portion of Tract 1B2, situated in the J.A. Freeman Survey, Abstract No. 529, and being approximately 3.80 acres, and more fully and completely described in Exhibit " A " from "S -P -1" Detailed Site Plan District and `B -1" Business Service Park District to "S -P- 1" Detailed Site Plan District with "C -3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: Case No. ZA06 -040 Attachment G Page 3 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be 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. Case No. Attachment G ZA06 -040 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Soutl Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall Case No. ZA06 -040 Attachment G Page 5 additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 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 -040 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -040 Attachment G Page 7 EXHIBIT "A" Being Lot 3, J.A. Freeman No. 529 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas, and a portion of Tract 1132, situated in the J.A. Freeman Survey, Abstract No. 529, and being approximately 3.80 acres. LEGAL DESCRIPTION -A- Freeman S urvey. Ab Number 529 in the Being a 3.80 sera tract of land s and being all of Lot 3 County, d of �thAbstract Texo recorded e s m end 5 reco Addition as r City of Southlake. Tarrant County, Texas recorded in Cabinet A, Slide 7075 of the Plat Records of Torrent County Clerics Number D20131606 of o b inDeed portion of o tract t of fond Te xas, ocorweyed to co nveyed t�� Greenway- 1709/0 — It, LP., als g Clerks Number D197109628 of Greeway- 1709 /Eleven Partners, L.P. as recorded in County xos. Said 3.80 acre tract being more particularly described y metes Records of Tarrant County. 7e and bounds os follows; f a capped iron rod found at the northwe*t comer o BEGINNING o f said Lot 3. Slide 786 northe of the Plat of Lot 1 R, Block 1 of the Gateway Churc� Addi s south I ne recorded in ke Boulevard-, Records of Torront County, Texas, and ly g to a oint; THENCE North ST 37' 14' East, along the north line hereof a distance of 442.94 feet, P THENCE South ocr 25' 55" East. Ieaving said north line, o distance of 372.27 feat. to a point; THENCE South 89' 37' 38" West, along the south line hereof, a distance of 4 -44.87 feet, to a paint, in the west line hereof and the east line of sold Lot 1R-, the POINT THENCE North 00' 08' 09" West, along the west line hereof, a distance of 372.23 feat. to OF BEGINNING and containing 3.80 acres of land more or less. Case No. Attachment G ZA06 -040 Page 8 EXHIBIT `B" I L 1-.s April 10, 2006 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Ethan Allen 1709 Addition 2171 E. Southlake Blvd. Southlake, Texas Case No. ZA06 -040 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 -3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "C -3" General Commercial District and all other applicable regulations. DMS Architects, Inc. Michael W. Shields, NCARB, AIA Principal RECD APR 10 2006 ZA06 -040 DMS Architects, Inc. 300 college avenue • fort worth, texas 76104 • 817 -570 -2000 • fax 817- 570 -2010 Case No. Attachment G ZA06 -040 Page 9 o 0 c 0 1� � n v I� BEGINNING F. „u� n -- _ l �iLl,�� -- _I lo b 5 ulll it E1Y 11 tl I� ]tl i L 6JrrfFVeao irPE "8" L .,D orF [c rrJN.Af �E, e_ ( n zDtl*a� curlA l P _P7 md tsL7 C +' J j 1 CURVE TABLE LCT 2 f• �- LR E TABLE LET S z e E eJ Ele a TINE T ABLE CT I IITIG L. vzr.ErR card LIN LE �! I T,T WTI s I M e- -- C - 1 — "ETA BI E L.1 ? J n „ ,P.....= I . w .P. OaTE ox .uvE r.Fa ZAO6 -040 PFP,,'n JUN 19 2006 O 41 — —.. } E. SOUTHLAKE BLVD, 1Em ivasl — 8 (13C HOW ASPH TWAT w AONC C& G) T x r _ r = e ' RIGHT IN I RIGH BEGINNING F. „u� n -- _ l �iLl,�� -- _I lo b 5 ulll it E1Y 11 tl I� ]tl i L 6JrrfFVeao irPE "8" L .,D orF [c rrJN.Af �E, e_ ( n zDtl*a� curlA l P _P7 md tsL7 C +' J j 1 CURVE TABLE LCT 2 f• �- LR E TABLE LET S z e E eJ Ele a TINE T ABLE CT I IITIG L. vzr.ErR card LIN LE �! I T,T WTI s I M e- -- C - 1 — "ETA BI E L.1 ? J n „ ,P.....= I . w .P. OaTE ox .uvE r.Fa ZAO6 -040 PFP,,'n JUN 19 2006 O 41 o 0 c 0 i 1"r I� n V wr LH m EXTERIOR ELEVATION NOTES roYUauRVncs nR En a Ex�oR t�vnnaNS u ,wRROw;aum� assn. suer.cEnaEnaFmnscNeron Q@IOR 9tYAIlONSISAPPRG }IMR1liY 3,114A,RFiNInNGIN 2�,OFiN:SIIR:ACEMFAEENG MASONRY. 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