Item 8ECity of Southlake
Department of Planning
STAFF REPORT
July 12, 2006
CASE NO: ZA05 -146
PROJECT: Proposed Zoning Change and Site Plan from "C -2" to "S -P -1" for
Bicentennial Plaza
REQUEST: Thomas Stephen/The White House Exe. Center is requesting approval of a zoning
change and site plan from "C -2" Local Retail Commercial District to "S -P -1" Detailed
Site Plan District with "C -2" Local Retail Commercial District uses. The site plan
proposes an approximately 12,550 square foot retail building. A request for a revised
site plan under the existing "C -2" zoning precedes this item on the agenda.
The "C -2" alternate site plan was scheduled for a public hearing and consideration at
the last three City Council meetings. The first reading of this proposed "S -P -1" zoning
and site plan request was also scheduled to follow as a separate consideration item.
The applicant requested to table both items at the meeting. There have been no
changes to this plan since that time.
The regulations proposed under the "S -P -1" zoning are as follows:
• Side Yard — There shall be a side yard setback of not less than ten (10) feet
along the east boundary.
• Masonry — Concrete tilt wall with a stained finish as shown on the building
elevations.
The following variances are requested:
• Parking — 72 parking spaces required, requesting 10% reduction or 65 spaces.
• Driveway Spacing — Min. 250 ft required for right - in/right -out drives, 80 ft & 219
ft proposed.
• Driveway Stacking — Min. 50 ft required, 41 ft proposed.
This plan is subject to City Council approval and execution of an access agreement for
use of the Bicentennial Park driveway and a parking construction and use agreement on
the park property.
This item was tabled at the June 6, 2006, City Council meeting; there have been no
changes to this application since that date.
Case No.
ZA 05 -146
ACTION NEEDED: Coi
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
isider first reading for zoning change and site plan
Background Information
Vicinity Map
Plans and Support Information
Revised Site Plan Review Summary No. 3, dated March 29, 2006
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -481
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA 05 -146
BACKGROUND INFORMATION
OWNER: Thomas Stephen / The White House Exe. Center, L.P.
APPLICANT: GSO Architects
PROPERTY SITUATION: 410 W. Southlake Blvd. The property is located on the northeast corner of the
Bicentennial Park entrance drive and W. Southlake Boulevard (FM 1709).
LEGAL DESCRIPTION: Tract 3135, situated in the Littleberry G. Hall Survey, Abstract No. 686
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "C -2" Local Retail Commercial District
REQUESTED ZONING: "S -P -1" Detailed Site Plan District
HISTORY: -City Council approved the "C -2" zoning with approval of Comprehensive
Zoning Ordinance No. 480 on September 19, 1989.
-A site plan was approved by City Council for a two -story office building with
bank on August 5, 2003.
TRANSPORTATION
ASSESSMENT:
Case No.
ZA 05 -146
Master Thorouzhfcure Plan
The Master Thoroughfare Plan recommends Southlake Boulevard to have 130'
of right -of -way. Adequate right -of -way exists for this road.
Existinz Area Road Network and Conditions
The proposed site will have one (1) access directly onto W. Southlake
Boulevard (EM. 1709) and one (1) access onto the Bicentennial Park main
entrance. The drive on W. Southlake Boulevard will be a right - in/right -out
drive.
W. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous,
two -way center left -turn lane. The roadway will ultimately be re- striped to a 7-
lane roadway.
May, 2005 traffic counts on F.M. 1709 (between White Chapel and
Shad Oaks
24hr
West Bound (WB) (23,614)
East Bound (EB) (23,725)
WB
Peak A.M. (1,282) 7:45 - 8:45 a.m.
Peak P.M. (2,556) 5:15 - 6:15 p.m.
EB
Peak A.M. (2,362) 7:45 - 8:45 a.m.
Peak P.M. (1,529) 3 - 4 p.m.
Attachment A
Page 2
Traffic Iniptict
PATHWAYS MASTER
PLAN:
WATER & SEWER
Use
Sq. Ft.
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM_
OUT
Retail Center
12,548
510
N/A
N/A
14
19
*Vehicle Trips Per Day
"The AM /PM times represent the number of vehicle trips generated during the peak travel time
on W. Southlake Blvd.
According to the Master Pathways Plan, an 8 -foot multi -use trail is planned on
the west side of the Bicentennial Park main entrance. An 8 -foot sidewalk is
proposed along W. Southlake Boulevard.
The site will connect into an existing 8" water line along the north side of W.
Southlake Boulevard. The site will connect into an existing 8" sanitary sewer
line also on the north side of W. Southlake Boulevard.
TREE PRESERVATION: The only existing trees on the site are two (2) Mesquite trees and approximately
four (4) small Eastern Red Cedars. All of the existing trees are located within
the proposed parking lot and building footprint area. There is a row of small
Eastern Red Cedar that has voluntarily grown along the south property
boundary line adjacent to the R.O.W. but they are not of sufficient diameter to
be considered protected.
DRAINAGE ANALYSIS: The site drains to the proposed detention ponds on the north side of the
development which outfall to the existing storm sewer system in Bicentennial
Park Drive.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the Southside Plan study area to include the following changes:
Land Use Recommendations
• Existing land use designations — Retail Commercial.
P &Z ACTION: February 23, 2006; Approved (6 -0) subject to subject to the Site Plan Review
Summary No. 3 dated February 17, 2006 noting that the "S -P -l" zoning and
site plan is preferred, approving the alternate "C -2" zoning revised site plan and
granting the requested variances.
COUNCIL ACTION: March 6, 2006; Approved to table to the March 21, 2006 meeting.
March 21, 2006; Approved to table to the April 4, 2006 meeting.
April 4, 2006; Approved to table to the April 18, 2006 meeting.
Case No. Attachment A
ZA 05 -146 Page 2
April 18, 2006; Approved to table to the May 2, 2006 meeting.
May 2, 2006; Approved to table to the June 6, 2006 meeting.
June 6, 2006; Approved to table to the July 18, 2006 meeting.
STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated March 29, 2006.
N: \Conununity Development \MEMO \2005cases \05- 146ZSP.doc
Case No.
ZA 05 -146
Attachment A
Page 2
Vicinit y Map
Bicentennial Plaza
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Case No. Attachment B
ZA 05 -146 Page 1
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ZA 05 -146 Page 1
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Bicentennial Plaza
Proposed Permitted Uses and Development Regulations for "S -P -1" Zoning
Permitted Uses
This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as
described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended.
Development Regulations
This property shall be subject to the development regulations for the "C -2" Local Retail Commercial District,
and all other applicable regulations with the following exceptions:
• There shall be a side yard setback of not less than ten (10) feet. along the east property boundary
• Concrete tilt wall with a stained finish shall be permitted to comply with exterior masonry requirements
as shown on the attached building elevations.
Case No.
ZA 05 -146
Attachment C
Page 7
STYE PLAN VARIANCE REQUEST
Case No.: ZA05 -146 Review No.: One Date: 1117/06
Project Name: Site flan — Bicentennial Plaza
Applicant: Thomas Stephen Architect: GSO Architects
Thomas Stephen Lisa Swift
250 W. Southlake Blvd. 5310 Harvest Hill Suite 146
Southlake, Texas 76092 Dallas, Texas 75230
Phone: 817 -552 -3100 Phone: 972- 385 -9651
Fax: 817- 424 -2474 Fax: 972- 385 -3462
Prepared by: Lisa Swift, GSO Architects
1. Stacking Depth: A variance is requested to allow 41' stacking on the inbound side
of the driveway along Southlake Blvd. The driveway is right-in/right-out only, and to
provide the required 50' stacking would require the loss of a parking space in front of
the building, where parking is at a premium.. The 50' stacking depth has been
exceeded on the outbound side of the drive. This conforms to the previously approved
site plan.
2. Driveway Spacing: A variance is requested to allow 219' from centerline of the
Bicentennial Park entrance to the proposed drive along Southlake Blvd. This
conforms to the previously approved site plan. The proposed drive location also
allows for a proper right-in/right-out driveway to be constructed with a median,
which would not be possible if the drive was shared with the GTE station to the east.
3. East Building Setback: A variance is requested to allow a 10' building, setback on
the eastern property line in lieu of the required 15'.
4. Parking: A variance is requested to allow a 10% reduction in the parking required
on site, and to allow outdoor seating at restaurants without incurring a parking
requirement_ Due to the proximity to and integrated design with Bicentennial Park,
the site will have considerable crass- parking with the park.
Case No.
ZA 05 -146
Attachment C
Page 8
SITE PLAN REVIEW SUMMARY
Case No.: ZA05 -146 Revised Review No.: Three
Project Name: Zoning Change and Site Plan — Bicentennial Plaza
Date of Review: 03/29/06
OWNER:
Thomas Stephen
250 W. Southlake Blvd
Southlake, TX 76092
Phone: (817) 552 -3100
Fax: (817) 424 -2474
ARCHITECT: GSO Architects
Lisa Swift
5310 Harvest Hill, Suite 146
Dallas, TX 75230
Phone: (972) 385 -9651
Fax: (972) 385 -3462
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/06/06 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748 -8602.
The following issues pertain only to the primary site plan proposed with the "S -P -1" zoning:
An access easement and parking agreement must be approved by City Council and filed of record for
the use of the Bicentennial Park driveway and for construction and use of parking spaces with the City
park property.
2. The following changes are needed with regard to driveways & parking:
a. Provide the minimum stacking depth for the drive on W. Southlake Blvd. A minimum of 50'
of stacking is required. 41 feet of stacking is proposed (A variance has been requested.)
b. Provide the minimum driveway spacing on W. Southlake Blvd. Spacing between a full- access
drive and a right - in/right -out drive is required to be a minimum of 250'. Distances of 80 feet
and 219 feet are proposed. A variance has been requested.)
The applicant requests approval of the S -P -1 zoning regulations as proposed. This includes parking
reduction stained tilt wall construction and a 10 foot side yard setback from the east boundary
INFORMATIONAL COMMENTS
The following driveway variances were granted on the currently approved site plan:
a) Stacking depth for the driveway on W. Southlake Blvd. A minimum of 50' of stacking is
required, 41' was permitted
Case No. Attachment D
ZA 05 -146 Page 1
b) Driveway spacing on W. Southlake Blvd. Spacing between a full- access drive and a right -
in/right -out drive is required to be a minimum of 250'. 219 feet was provided from the park
entry drive and 80' was permitted from the adjacent utility building driveway.
A fully corrected plan that includes all associated support plans /documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped "approved" by the Planning Department.
All development must comply with the City's Drainage Ordinance No. 605 and detain all post
development run -off.
No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
The applicant should be aware that prior to issuance of a building permit a Plat must be processed and
filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may include but
not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap
Fees, and related Permit Fees.
A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a
building permit for the construction of the off -site pavement and a permit from TxDOT must be
obtained prior to any curb cut along F.M. 1709.
Case No.
ZA 05 -146
Attachment D
Page 2
Case No. 05 -146 Review No. _ Dated: January 26, 2006 Number of Pages: 1
Project Name: Bicentennial Plaza (Site Plan)
Comments due to the Planning Department: January 26, 2006
Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713
The following comments are based on the review of plans received on January 18, 2006 . Comments designated with a number
may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council.
Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department
representative shown above and make modifications as required by the comment.
The interior landscape calculations are miscalculated for 50% of the proposed building square footage.
Please correct the required interior landscape area and associated plant material calculations.
No Tree Survey is required but it would be best to provide a plan that shows the location and types
of trees on the site. The only existing trees on the site are two (2) Mesquite trees and approximately
four (4) small Eastern Red Cedars. All of the existing trees are located within the proposed parking
lot and building footprint area. There is a row of small Eastern Red Cedar that has voluntarily
grown along the south property boundary line adjacent to the R.O.W. but they are not of sufficient
diameter to be considered protected.
Case No.
ZA 05 -146
Attachment D
Page 3
Surrounding Property Owners
Bicentennial Plaza
7
9 1a
$
6 5
- �HL�
.
1709 o �.J�
4
3
1 2
Owner
Zoning
Land Use
Acreage
I . Dana's Studio of Dance
C -2
Office Commercial
0.668
2. Reutlinger, Richard
C -2
Office Commercial
13.861
3. Clardy- Ruffner
C -2
Office Commercial
0.885
4. Lechler, Gloria
0-1
Office Commercial
13.11
5. City of Southlake
CS
Public Parks / Open Space
9.9
6. GTE Southwest Inc
CS
Public / Semi -Public
0.35
7. City of Southlake
CS
Public Parks / Open Space
8.592
8. City of Southlake
CS
Retail Commercial
0.329
9. Southlake Oaks Phii Investors
C -2
Retail Commercial
1.868
10. White House Exec Center
C -2
Retail Commercial
1.353
Case No.
ZA 05 -146
Attachment E
Page 1
Surrounding Property Owner Responses
Bicentennial Plaza
Notices Sent: Six (6)
Responses Received: None (0)
Case No.
ZA 05 -146
Attachment F
Page 1
BrItE co-lopy
WiN,TEan
June 2, 2006
VIA FIRST CLASS MAIL, &
E -mail: kbakernci.southlake.tx.us
Mr. Ken Baker
Southlake Planning Director
1400 Main Street
Southlake, TX 76092
Re: ZA 05 -146
City Council Agenda Item SA on June 6, 2006
Case No.
ZA 05 -146
Dear Ken:
direct dial: 214.745.5746
kwilliams(c - .winstead.com
Pursuant to our meeting this morning with the Southlake City Attorney, this letter will confirm
our mutual agreement to continue the referenced Agenda Item to the Southlake City Council meeting on
July 18, 2006. I appreciate your willingness to continue to work with my client on the matter so that we
can attempt to reach a mutually acceptable solution. It is my understanding that you will discuss with the
appropriate City representatives the possibility of a jointly occupied sign at the northeast corner of
Southlake Blvd. and the entry into Bicentennial Park to be located on an easement within the existing lot
owned by my client. When the City determines its needs regarding the location and size of identification
signage for Bicentennial Park, we can then address the signage for our development, Bicentennial Plaza,
and the cost participation by the City. Additionally, we can complete negotiations for automobile parking
and vehicular access to the driveway into Bicentennial Park from the proposed development.
Unless I hear otherwise from you, I will not attend the City Council meeting tomorrow night. I
look forward to any comments you may receive on this matter so that we can address the remaining
issues.
Your attention to this matter is appreciated.
M
Sincerely,
Kirk R. Williams
KRW /plg
cc: E. Allen Taylor, City Attorney (via e -mail: atayl @toase.com)
Tom Stephen (via e -mail: tste hen dgyt company.com)
Dallas 1 \4422348\1
45547 -1 6/5!2006
5400 RENAISSANCE TOWER I PH 214.145.5400 WINSrEAI)SECHREST &MINICK Anllin Dallas, Fort iP�rih,
1201 ELM STREET FAX 214.745.5390 Allorney.r and Coln felors Hoarton, Mexiro City, San Antonin,
DALLAS, TEXAS 75270 WINST EAD.COM A prn/erfional Cntporalnm I The 1Yoodl ands, Il- hingtou DC,'
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -481
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
3D5, SITUATED IN THE LITTLEBERRY G. HALL SURVEY,
ABSTRACT NO. 686, BEING APPROXIMATELY 1.35 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1"
DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan, and
WHEREAS, the hereinafter described property is currently zoned as "C -2" Local Retail Commercial
District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment G
ZA05 -146 Page 1
WHEREAS, a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood, location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No. Attachment G
ZA05 -146 Page 2
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686, being
approximately 1.35 acres, and more fully and completely described in Exhibit "A" from "C -2"
Local Retail Commercial District to "S -P -1" Detailed Site Plan District as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the
following specific conditions:
1.
SECTION 2.
Case No. Attachment G
ZA05 -146 Page 3
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
of those ordinances are in direct conflict with the provisions of this ordinance.
Case No. Attachment G
ZA05 -146 Page 4
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.
SECTION 10.
Case No.
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Attachment G
Page 5
This ordinance shall be in hill 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
MAYOR
ATTEST:
day of , 2006.
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.
ZA05 -146
Attachment G
Page 6
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA05 -146
Attachment G
Page 7
EXHIBIT "A"
Being Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686, being approximately 1.35 acres:
TRACT 2
LEGAL DESCRIPTION
58X2 SQ. FT. 1 1.3538 ACRES
BEING a 1.3538 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, City of
Southlake, Tarrant County, Texas, and being a part of a tract of land conveyed to Marion Gribble
Truelove, Individually and as Independent Executrix of the estate of J.P. Truelove, trustee as
recorded in Volume 9667, Page 2315, Deed Records of Tarrant County, Texas, and being more
particularly described as follows:
BEGINNING at a 112 inch iron rod found for corner on the north right -of -way line of F.M. Highway
1709 (a variable width right -of -way), said point being S 88 deg. 57 min. 44 see. E, a distance of
907.05 feet from the centerline of Shady Oak Drive, said point also being on the east line of a 03299
acre tract of land as conveyed to the City of Southlake as recorded in Volume 11804, Page 00961 of
said Deed Records;
THENCE N 01 deg. 43 min. 47 sec. W, along the east line of said 0.3299 acre tract, a distance of
110.08 feet to a 112 inch iron rod set for corner at the beginning of a curve to the left having a central
angle of 19 deg. 24 min. 09 sec., a radius of 380.00 feet, and tangent of 64.96 feet;
THENCE in a Northwesterly direction along the said east line, an arc length of 128.68 feet to a 112
inch iron rod set for corner at the end of said curve, said point being in the south line of an 8.7523
acre tract of land as conveyed to the City of Southlake as recorded in Volume 11618, Page 1326 of
said Deed Records;
THENCE S 88 deg. 57 min. 44 sec. E, along the south line of said 8.7523 acre tract, a distance of
273.58 feet to a 112 inch iron rod set for corner;
THENCE S 01 deg. 33 min. 31 sec. E, passing at 68.76 feet to a 112 inch iron rod found at the
northwest corner of Lot 1, Block 1, Woodland Hills RSU, an addition to the City of Southlake, as
recorded in Cabinet A, Slide 608, Deed Records of Tarrant County, Texas, and continuing along the
west line of said Woodland Hills RSU Addition for a total distance of 223.15 feet to a 112 inch iron
rod set for corner on the North right -of -way line of said F.M. 1709, said point also being the
beginning of a non- tangent curve to the right having a central angle of 01 deg. 55 min. 30 sec., a
radius of 5659.58 feet, a tangent of 95.08 feet, a chord bearing and distance of S 87 deg. 23 min. 42
sec. W, a distance of 190.14 feet;
THENCE in a Southwesterly direction along the north right -of -way line of said F.M. Highway 1709
and along said curve to the right, an arc length of 190.15 feet to a concrete monument with brass
disk found for corner at the end of said curve;
THENCE N 88 deg. 57 min. 44 sec. W, along the north right -of -way line of said F.M. Highway 1709, a
distance of 60.97 feet to the POINT OF BEGINNING and containing 58,972 square feet or 1.3538
acres of land, more or less.
Case No.
ZA05 -146
Attachment G
Page 8
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Bicentennial Plaza
Proposed Permitted Uses and Development Regulations for "S -P -l" Zoning
Permitted Uses
This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as
described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended.
Development Regulations
This property shall be subject to the development regulations for the "C -2" Local Retail Commercial District,
and all other applicable regulations with the following exceptions:
• There shall be a side yard setback of not less than ten (10) feet on the east boundary line.
• Concrete tilt wall with a stained finish shall be permitted as shown on the attached building elevations.
Case No. Attachment G
ZA05 -146 Page 11