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Item 6FCity of Southlake Department of Planning STAFF REPORT November 1, 2006 CASE NO: ZA06 -147 P ROJECT: Zoning Change and Site Plan for Westgate Plaza REQUEST: On behalf of Eye Consultants Properties, Pate Engineers is requesting approval of a zoning change and site plan from "S -P -1" Detailed Site Plan District to "S -P -1" Detailed Site Plan District with "C -3" General Commercial District uses to include parking as a permitted principal use. The existing "S -P -1" zoning was approved by City Council on August 5, 2003 which allowed "C -3" General Commercial District uses with parking as a permitted principal use. The parking was on the average approximately 40 feet from the boundary line adjacent to State Highway 114. The approved site plan is included as part of Attachment `C' of this report (see Attachment `C', page 1). The applicant is proposing to revise the site plan to allow the parking to be approximately 25 feet from the boundary line adjacent to State Highway 114. Under the "S -P -1" zoning the applicant proposes the following: • The proposed permitted uses are to include all "C -3" General Commercial District uses with an addition to include parking as a permitted principal use • Bufferyards — Bufferyards along the perimeter site boundary shall adhere to the requirements of Sections 42 & 43, except that: • No bufferyards shall be required along lot lines interior to the site boundary • No bufferyards shall be required along lot lines adjacent to the City of Grapevine The following variance is being requested: • Stacking Depth — The required stacking depth is 150 feet. A variance to the stacking depth was approved on the previous site plan allowing 50 feet. This plan proposes ±44 feet. Case No. ZA 06 -147 ACTION NEEDED: 1. Conduct public hearing 2. Consider 2 " reading of zoning change and site plan approval ATTACHMENTS STAFF CONTACT (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Site Plan Review Summary No. 2, dated November 1, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -422a (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (748 -8067) Ben Bryner (748 -8602) Case No. ZA 06 -147 BACKGROUND INFORMATION OWNER: Eye Consultants Properties APPLICANT: Pate Engineers PROPERTY SITUATION: The property is located on the north side of E. State Highway 114 west of Grapevine Plaza (westbound access road of State Highway 114). LEGAL DESCRIPTION: A portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter Survey, Abstract No. 458, and being approximately 1.02 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S -P -l" Detailed Site Plan District REQUESTED ZONING: "S -P -l" Detailed Site Plan District HISTORY: -A change of zoning to "S -P -1" and associated site plan was approved by City Council on August 5, 2003. -A preliminary plat was approved by City Council on July 15, 2003. -The P &Z Commission approved the final plat on July 17, 2003. TRANSPORTATION ASSESSMENT: Case No. ZA 06 -147 Master Thoroughfare Plan The Master Thoroughfare Plan recommends State Highway 114 to have between 300' and 500' of right -of -way. Adequate right -of -way exists for the highway. Existinz Area Road Network and Conditions The proposed development will have one (1) access directly onto the SH 114 service road. The development will also have one (1) access that connects to a service driveway that leads to Northwest Highway. E. State Highway 114 is currently a 6 -lane, restricted access thoroughfare with 3 -lane frontage roads on either side. May, 2006 traffic counts on E. State Hwy 114 frontage road (between NW ighway Bridge & Kimball Ave 24hr West Bound (WB) (14,283) East Bound (EB) (11,584) WB Peak A.M. (841) 7:45 - 8:45 a.m. Peak P.M. (1,485) 5:15 - 6:15 p.m. EB Peak A.M. (1,121) 6:45 - 7:45 a.m. Peak P.M. (908) 12:30 -1:30 p.m. Attachment A Page 1 May, 2006 traffic counts on E. State Hwy 114 main lanes (between FM 1709 & Kimball Ave 24hr West Bound (WB) (37,262) East Bound (EB) (37,956) WB Peak A.M. (2,618) 7:15 - 8:15 a.m. Peak P.M. (3,067) 4:45 - 5:45 p.m. EB Peak A.M. (2,983) 6:30 - 7:30 a.m. Peak P.M. (3,012) 4:45 - 5:45 p.m. PATHWAYS MASTER PLAN Traffic Impact *Vehicle Trips Per Day *The AMIPM times represent the potential number of vehicle trips generated during the peak travel times on S.H. 114. Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT Shopping Center 83,000 3,562 52 33 149 161 An 8' multi -use trail is required and shown along SH 114. Due to the grade within the right -of -way, the trail is proposed to lie within the subject property. Any portion of the trail encroaching within the subject property must be contained entirely within a pedestrian access easement. Staff recommends that the applicant work with City staff to field place the trail in order to limit negative impacts or removal of trees TREE PRESERVATION: The applicant is proposing to remove existing trees within the proposed parking areas and for the required 8' Multi -Use Trail. In order to preserve existing trees it is recommended that the applicant work with City Staff during the on -site layout of the trail to reduce the possible alteration or removal of existing tree. WATER & SEWER: The development will connect into the water and sanitary sewer systems of the City of Grapevine. DRAINAGE ANALYSIS: This site drains to the north to a proposed development within the City of Grapevine to a proposed detention pond for the development. P &Z ACTION: October 5, 2006; Approved (7 -0) subject to Site Plan Review Summary No. 2, dated September 29, 2006 and granting the requested variance to stacking depth and deferring to the Park Board on eliminating a portion of the multi -use trail. COUNCIL ACTION: October 17, 2006; Approved first reading (5 -0) on consent. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 2, dated November 1, 2006. N: \Community Development \MEMO \2006cases \06- 147ZSP.doc Case No. Attachment A ZA 06 -147 Page 2 Vicinity Map Westgate Planar 1000 0 1000 2000 3000 Feet IN Case No. Attachment B ZA 06 -147 Page 1 o � � I 1"r n I� V � SL 6 I a / If 1 �e. a P•� ,o..• I Sds •.3'51•E r• ��,Ol OZONE ° A R Y'w E °c. wry w��r�� , �rrv�•r�o�wv0,i r.� k m ®Hei _ sos�r�� � u - f � �1LL • i �� OCY 15� � ' j- MRS - � I OGTf41M CAS�NAME YlE61fa9iE .9 Z1YP11'E3T' icMS.Yr�F LOTS b5. riESYWTEALAix. -w- aE: RY 1 Fuxuwcuwzawxc r�9eui>:s�N I i �7uaeam �` _ m' �°°e KA \ a. I�i�i aROxaxcc2� `. ��le: $: erra+tL�crrc.oFOee�wMenrseav'9�® au�x� prb mw 21'CONCREfE OgIVE BFI p7l G-g9q S aM B Fiel a a7s r q xs 6 19i }5 �UMRSTEN "CAI.) � 575 oxt �Ill BED TWEg"{mta 3 xY FiRR,dNE CV."o—tu tlkS.GW2 9R q: �l>FkTTD kSid1N14N 5-NPEA gCF�Agp RWatFp CAP1MEFCU1t CFI9TFFFQR A- FNUNE611%F8115E PETU1M6F3C€421E7:i�JIFNT. •tan m•.u,4 WVTHL KE CITY CASE NUMBER -Z W -030 [YI, "sar�aas� sILR vw, YIESTGATE FLAZA � � ,�, 1o'PwiE•!�'EF19t1:LF�n 1 ) i iep nx {%q si w. o.,u xnr v xws b b d FBI y z �-- l 1 PATE ENGINEERS Westgate 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 -3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 450, as amended, with an addition to include parking as permitted principal use. Developm Regulations This property shall be subject to the development regulations for the "C -3" General Commercial Dis and all other applicable regulations with the following exceptions: e Buffyards: Buffyards along the perimeter site boundary shall adhere to the. requirements of Section 42 & 43, except that: o No buffyards shall be required along lot lines ad;acent to the City of Grapevine. o No buffyards shall be required along lot lines interior to the site boundary. Very truly yours, 1'E1'1' ,N NEE RS, INC. J Rusty Prentice, E.T.T. Case No. ZA 06 -147 0' c F 1 6 2006 DALLAS - 8150 Brookriver Drive, Suite S -700 • Dallas, Texas 75247 - T: 214,357.2981 F: 214.357.2985 Toll Free: 866.533.PATE (7283) www,pateeng.com Case No. ZA 06 -147 Attachment C Page 2 o � � im 1"r 1"r n GRAPHIC SCALE i —�i Ia Rel z PtA s08wAlu aN0 Bucn -usc ma (1YPiuE).cav B— Or'IT BACK 10 ®M im 1"r 1"r n GRAPHIC SCALE i —�i Ia Rel z PtA s08wAlu aN0 Bucn -usc ma (1YPiuE).cav B— Or'IT BACK 10 I Fr.[Nn (� fJHUAE © v awXS rou i ME PLAN FOR 8•P-1 ZONING REOUEM WESTGATE PLAZA CA" A000`n OIIIH 11 TARRANl LOUNTY, lfNAS 1.11 AIRES oW 6 AUGUST 28.1006 / 4 10T6AB5fAAti N0. 150 APPEICIM/CE -PER EX4IXEER EYE LdYAlLTANiB'IbPElilE4 LR PATE m -E. OF (817)1410 -in30 051 FA W.)E35 ez (81 z -azX1 ev <zt A) asi BOaRs V I O V u O l J ICI I V z w l 1 September 15, 2006 Mr. Ben Bryner Senior Planner City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Variance Request for Stacking Distance at Westgate Plaza Dear Mr. Bryner: The original variance for stacking distance from the first turning movement to the State Highway 114 Right of Way was 50 feet. By reducing the setback from the 30' to the proposed 25' we are able to create a more usable site plan, while also causing a reduction in the stacking distance. Since the connection point to the Right of Way does not connect to the highway directly it creates stacking capabilities within the ROW as it curves to the east. An additional 120' stacking is possible up to the connection point that ties the Commercial Retail Site to the East into the service road. Please consider a variance to reduce the required staking depth to 43.50 feet. If you have any questions or comments, please do not hesitate to contact us. Very truly yours, Pat gi ears, Inc. Rusty Prentice, E.I.T. Fryr� F P 18 2006 DALLAS - 8150 Brockriver Drive, Suite S -700 , Dallas, Texas 75247 • T: 214.357.2981 F: 214 357,2985 Toll Free: 866.533.PATE (7283) www.pateeng.cam Case No. ZA 06 -147 Attachment C Page 4 N� GRAPHIC SCALE 40 0 20 40 IN FEET I inch = 40 ft, + 1, A/ o� p r's �� z 1 :1 1 " � IR R WICAP � L-1 L --- ---- LOT 37' FIREL4NE, GRA PE VINE PL A ZI ACCESS AND UTILITY VOL. 388-191, " SEMENT P. R. T. C. 5 A S --- DbC A10 1205366618 ZONING= D R T. - --L,.U.D- = RETAIL ' \ � �-,�'OINT OF 1 - r IA 11A 1� 518' IRF WICAP 'PA TE' (C. M. ) EXHIBIT WESTGATE PLAZA SOUTHLAKE,TEXAS PATE 0 ENGINEERS 5150 BROOKRIVER DRIVE, SUITE S-700, DALLAS, TEXAS 75247 TEL: (214)357-2981 FAX (214) 357-2985 JOB NO. 160700100 SHEET 1 OF I DATE: SEPTEMBER 15, 2005 9 -" Case No. Attachment C ZA 06-147 Page 5 o � � r i r / ( CF9 A� sLtlC BeCI 9 �q yl tib END LIMITS OF 8' MULTI —USE TRAIL DUE CITY LIMIT LINE LOT 4 0.0185 ACRES LOT 3 00941 ACRES 21'46'25' w I / BLOCK 2 wFSrsa rE PLAZA CAB. A SLIDE 8847 P. R. T. C. T. �3 o"9 "re r °9avtTo ...... . I) 1923 Al- R ry �..._ � 1 o '�AS1rs ♦ �� E ♦ r M —Is . "TRAIL ygrr / I ♦ '�rq' �M Y. g ,9 F y HE WON I y A CfQ � C9 R r ^. r Flp c a.a. r � � \ I \ 1 v � ti 1 1 1 I I / I I. I I I I I I I I I I I I I 1 I I I f I I I I I I I I • / / 0 GRAPHIC SCALE x r wscriuvrous ... x oewrzs mres ro ec xru E I � VV lJ H �I O Vl rr V1 C�, l 1 ?6z p5r9 w �� 3� F Nn r. GRAPHIC SCALE x r wscriuvrous ... x oewrzs mres ro ec xru E I � VV lJ H �I O Vl rr V1 C�, l 1 o � � I 1� 1� n � F.I v cnnaFnc sc.v.e , LL /' i % i /- �' �; „ - - - — — •• • �. naomsen L,NO use ar nNS s�� rs Nia� arr�c. .•.� L�N,a na Zl " Ea aN TO I, 1 LOT 1,1LOCK 3&= . - - - ACRW 4137,184 FEET M. ��1 J- - -- ......, PATE a;� ----- Z e•u �cN 9PPL "y o fz1,)ssTp:a� GRADING PUN WESTGATE PLAU BLGCK2 -4 STATE HIGHWAY 114 crrr or GRAVMN[ TARIGWr CWNIY, TELa z z 1 o � � I y A CfQ � N rm',mo I I FT:_f y a" w If a•: L GFGPHIC 9CNE . Yr w . � / 11 1:.!. �. DITCH D -1 a.o. , n -.?� /. PROPOSED DRAINAGE CALCULATIONS Al .n..aa�ros aaa� : na. Aawss ewer raa wArs AnrA AT) — axew av maros . t��•� AA<AS � -' „o os n �r � .caao m m �;waav��a E 0. GfW.lq fY aR -52 anAwArr Ax[AS = IZ<A m7 Ara aft, u Z- MCav0e0 M1— 100 -YEAR STORM NORTH DETENTION BASIN it WEST DETENTION BASIN #2 10 -YEAR STORM NORTH DETENTION BASIN 01 WEST DETENTION BASIN 12 il1�:11•R!•iff'RIC;'Tlr?:Y�f 00r11eT: m® �0�mE ri,T1•�da�lr• ® A LT ® L�LlL�1 f3afl�l�L�L�!]1�:1'] 02 0 �� . �. iF.:Sl�2J•�J4:14L[..::1i il:'SJ �Ei�]a1L11:[1 4:::1J ' _ cam BASIN STAGE /STORAGE CURVE NORTH DETENTION BASIN #I WEST DETENTION BASIN #2 s . o.wn Nn A n . a.m •m Hsl - s DPSIGN DATA NORTH DETENTION POND //1 1 E L I! 1 EXISTING 36" RCP CAPACITY TYPICAL STREET CAPACITY ump - - -mean smw a�.�. mo-,u .� RECORD DRAWING e c - o.eoea�v; "mac o . ,,..a • A ... sl - m a , xrsvos DRAINAGE AREA IMP -r ' "A" WESTCATE PLAZA a . ee �n I e us0 ,ya BLOCK 4 � a e tr � m e . • • oeunAa AaA uarsf a' - oA.s s,reoi+sa .0 c PATE ENGINEERS N A s . I1H POPOn I z z ot l 1 o � � m 1"r 1"r b� �a GkTAP®CALE m. A. Rncam ----__ ,- -._�__ p _ I �w rm 1 ________________________ __ _..__ i l _r___.______ I _ i I n I BGOCK9 LOT a]]J c TABLE RE " �Wr WE6)GA IE PLAZA ,/ i I +a a.C..r- CAB. A. SLIDE 869) or tip' ``` � LOT 4 OOIBS FLRF l eGTGd TC PLAZA � � Imo\ O18 A I�, ` � '� � °__ �'-�'�� i � `�w:r'�°'1.. �"�rea A•. zu, e°4). .n m, rnr R.,w,... J / e....o..r -..r.r / w."m �. �` "0�''r``` tr. ,. N w::�NN wns�e mrn xn,..e.a. •..e,rro. (\ - -� \ /G l y i p �/ ! / 4 'b j `;� \ \\�� j ' ANC bm. sO MM Mx wtl �M�lY�ro ,+4�re mnmm rnn°mn exrolrwn L4 MV— mRC "O. L0T4 3! at-eL °1 •la % WBSTGATE PLAZA �\ IW B. A EGTGATEPLAZA na)xrbmMtxm lNhn mx \`, ° • �Lr /R .N 1 LAB. A. GLIDE EB4Z I-r S(l0£ BB9Z vlMl° f"- cx \ f PR.T.C. T. \` P T.C.T. h. oM.r Mn mar. dom, ma °e. PROPOSED LOT J p R. �\ ��_, i �urunevc. LOT4 / o ° PP[)PTJ.PF'fJ RI QCT£AR LOT 3 / yl y4i �3q,vvee�� �V \ I ®rv. 009.1 NCP6 / h F%'�Tf, ' 19 D `� PHtA"OSEU L0: i 'P- 2 93. LO ic�rss Coo S d fi x° a � 3 ��21c // g le J m 'r � ;o �]eo92 (1 6 N r f� S O 51 - Srrl >3. -.>Rr E . Ln]I a:a -2.r5 rw APPPOVED PY 1ME PLANNING k ZONING COMMI90N oaln. CHorrmon: _ PkZ Secretary. -- AAPPROVED BY THE CITY COUNCIL Dale: Mayor: GUY Gncrelary. Plat Showing LOTS 1 -4, T. EASTER NO. 466 ADDITION .OtR ACRES 1.00 . IN THE THOMAS RVEY. A No. aye AN AD C DITION TO THE CITY OF SOUTHLAKE. TAP ANT COUNTY. TE XAS. PATE * ENGINEERS e1 S0 BROO DRIVE. —E 3- .: NRIVER (21a)s >] -29er rnxA(2�a) s —AS ee5 •) JUNE I'll SOUTHLAKE C- CASE NUMBER: ZA 08 -103 RR D SEP 1 9 7nnR ,o n SITE PLAN REVIEW SUMMARY Case No.: ZA06 -147 Project Name: Site Plan — W Revised Review No.: Two Plaza APPLICANT: Eye Consultants Properties, L.P. Frank Skipper 1643 Lancaster Drive, Suite 305 Grapevine, TX 76051 Phone: (817) 410 -2030 Fax: (817) 251 -6261 Date of Review: 11/01/06 ENGINEER: Pate Engineers Rusty Prentice 8150 Brookriver Drive, Suite S -700 Dallas, TX 75247 Phone: (214) 357 -2981 Fax: (214) 357 -2985 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/19/06 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 BEN BRYNER AT (817) 748 -8602. 1) Label all adjacent properties with the owner's name. 2) The following changes are needed with regard to drive lanes and ingress /egress: a) Label the width of the eastern drive lane. b) Provide the required 150 feet of stacking depth for the development. A variance was approved to allow a stacking depth of 50 feet with the previous zoning & site plan approval. (A variance has been requested.) 3) Label the height of the screening wall shown on the site plan. 4) Staff recommends that the applicant work with City staff to field place the trail in order to limit negative impacts or removal of trees 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. Case No. Attachment D ZA 06 -147 Page 1 * The proposed site does 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 40 %. * 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. Case No. ZA 06 -147 Attachment D Page 2 Case No. 06 -147 Review No. One Dated: October 11, 2006 Number of Pages: 1 Project Name: Westgate Plaza (Zoning Change / Site Plan) Comments due to the Planning Department: September 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 September 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. Tree Conservation Comments: The applicant is proposing to remove existing trees within the proposed parking areas and for the required 8' Multi -Use Trail. Although five (5) existing trees are proposed to be removed for the construction of the Multi -Use Trail, there are other trees existing along the edge of the trail that would also be altered during its construction. But, to meander the trail would cause more trees to be removed and altered than how it is currently shown. Bufferyards: All bufferyard information is correct as shown. Case No. ZA 06 -147 Attachment D Page 3 Case No. ZA06 -147 Review No. 2 Dated: 10/11/06 Number of Pages: 1 Project Name: Westgate Plaza -- 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 9/28/2006. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: Provide all necessary easements for water, sanitary sewer or drainage. All easements shall be 15' minimum. Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance 4 605. INFORMATIONAL COMMENTS: * Submit Civil construction plans to Public Works Administration for any public infrastructure proposed with this development. Ensure that plans conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website under Public Works—Engineering Design Standards. http:// www. cityofsouthlake. com/ PublicWorks /engineeringdesign.asp * An access permit from TxDOT is required prior to construction of a driveway on SH 114. Submit application and plans directly to TxDOT for review. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748 -8082 to connect to the City's sewer, water or storm sewer system. * A Developer's Agreement may be required for any public infrastructure to be constructed with this development and must be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * 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 -147 Attachment D Page 4 Surrounding Property Owners Westgate Plaza El Owner I Zoning I Land Use I Acreage 1. Bigsix Realty Ltd C -3 Retail Commercial 0.942 2. Eye Consultants Properties LP S -P -1 Office Commercial 0.550 3. Highway 114 Prospect Ltd S -P -1 Office Commercial 0.318 4. Various w /in City of Grapevine n/a n/a n/a Case No. ZA 06 -147 Attachment E Page 1 Surrounding Property Owner Responses Westgate Plaza Notices Sent: Four (4) Responses Receive: None (0) Case No. ZA 06 -147 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -422a 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 A PORTION OF TRACTS 2E2, 2E5, 2E6, 2E9B, AND 2E14, SITUATED IN THE T. EASTER SURVEY, ABSTRACT NO. 458, AND BEING APPROXIMATELY 1.02 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -3" GENERAL COMMERCIAL DISTRICT USES TO INCLUDE PARKING AS A PERMITTED PRINCIPAL USE, 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 ZA 06 -147 Page 1 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 ZA 06 -147 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 a portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter Survey, Abstract No. 458, and being approximately 1.02 acres, and more fully and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan District to "S -P -1" Detailed Site Plan District with "C -3" General Commercial District uses to include parking as a permitted principal use as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: 1. Case No. Attachment G ZA 06 -147 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions Case No. Attachment G ZA 06 -147 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. ZA 06 -147 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 1 st reading the 17 day of October, 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 " d reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA 06 -147 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA 06 -147 Attachment G Page 7 EXHIBIT "A" Being a portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter Survey, Abstract No. 458, and being approximately 1.02 acres. STATE OF TEXAS 7 COUVI Y OF rARRdWT 7 REAS, Highway 114 Pirospaet, Lfd. aPrd Eye ConsOmb f'roaertlss ore the owarar of the t, 0l9 acre tract of brad, out of tha 15. 1935 mere tract dewibod in the deed to Highway IN Prospect, Ltd. recorded to Document Nrxnber D203095874 to lire V*6d R&cej d ^! 1c,-.rant Cow0y. Texas and out of the 3.019 acre tract desCrih&d ka lire dead to l=ye Cantdtmis PrbperP recorded M Documearf Member D206056427 fa the Dead Rscotds of Tip emt Cotmly, Texas, in The Tfromms Easter Survey, Abstract tub. 45B, fn the Cily of Grapevkc, Torroral Gomly, Texas. wd mare porllcu'urfy described by miles and baamds as fo lows i BE(;MA 6 of o 5/8' ;ran rod wlfh a cape slauped 'Pole' Votod for the southecsl COrrsr of said 3.0/8 acre fra+ct, irr fire rrurlh rtghf -of -way lure of 5tvfe Wghway 114 fa vorlaiw wfdfl4 right -of -way), arfd in the wast time of Lof f, i raperl}ae Pinto. aft addition to Fie City of Soulhfake, recorded fir Vokr m 388 -t91. Pam 5 ire the Ple1 Raeords of Tarrant Camly. TOWS, 1Varh4 73' 36' 19' Wasf 262.175' along the north rt01 -af --way lrbe of said State Highway IN to a Texas Departmenf of Transporlotfar fTxDOT) monurhenl farard for tearer, THE north 64' t5' 05' West - ti1.56' continuing along the north right -of -ways 11m oaf sold State 8190pway 114 to a Texas Deparlmenf of Tronsportollon ( TxDDT 1 right -of wqy Mam ment fmmd for Comer, TfrPKE M)rth 64' 48' 57' West - 249.31' cmffawing along 11,* north rlgflf--ot -way flee of said State f 196woy 114 la a Texas Nparimant of Tram;parlalion fTxDOT) r100- al-way mimumanO tomd for costar, T1EiCt= &brdlr 61 55' 47' West - 35 „55' tearllnUirrg along iha arcrM right -of -way finff of suxld State Highway ft4 to a Teams Deportment of Trmsperfallam f ryDOT) rlght -of -wry rrrvr eat fowd for carmir. ThENCE Nbrih 65' 54' 52' Weal - 1f37.5B' coatffnerirag along h4a ararth right-- al -wr.Ty tine Of said Slate fllghwoy IN fo o Texas DoparMmM of Transporfat ion f TYDOT) r101 --of -way ancrrrrars t (owd for earner, TiENCE North 67' 24' 50' West -- 65.42' rvnflrruafrag alaarg the Mrlh H01 -of -way Yore Of sold Stale Hioway t14 fo o Texas Deparimenl of 'rnmspartaflon MOOT) rfgNmo(-way< manwent farmd far CO flert TWNCE North 67' 19' 49' West - 57A6' canhnuing alang the north r1ght- of -w0p lute of said Slots Highway 114 to a 516' froe rod wfflr cap sfarrrpesd - PATE - set far fire west cvnw of tfas herefn described koxl, tai the south #tam of t3fock 2, Wesgofe %2.0, art OMMon fa the city of Grapevine, recorded irr Coblrmf A, Suds 8847 1r2 flee %I Records of Tenant County, Texas, ThEACE Sourllr T3' 34' 11' East - EM 16'. oh5ng the south tine of sold 8l#4lr 2, Wesfgate PWO, to a 518' from rind with a cop sfmoed 'PATE` set for lha Palaaf of Ciryolaro of a cxrvur to The MO. having a asnlrof angle &104 * 27' 59' . o rodfus of 2514.65' and a ctw d bmwing and disforoe of Sav?h 75' R'54' East - 135.97', ThEWE in a swttdewfent dlrecflora, wart Ming marry fho sew1h flea of sold t 2, Westgcfe Ptpfo, mt are dislmce of 196.42' fo a .518' Iran rad with a crrp slowed 'PATE' sal for #re rwrlheast corner of ?he trerein described fracl, common to the soufi ami corner of said 600 2, We51gcto Plarar, In the witsi lira of a(oresuld Lot 1. GropoWne Plaza, ThENCE Soulh 01' 20 06' Well - 93.18' along the worst If” of said Lai 1, Gr apevoo PYOZO to the PONT OF BEGPRWJG acrd containing L 0i8 acres f44. 343 squorre feet ) of torrid, Case No. ZA 06 -147 Attachment G Page 8 EXHIBIT `B" Westgate Plaza Proposed Permitted Uses and Development Regulations for "S -P -1" Zoning Permi 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, with an addition to include parking as permitted principal use. Development Regulati This property shall be subject to the development regulations for the "C -3" General Commercial District, and all other applicable regulations with the following except.io ^s: d Buffyards: Buffyards along the perimeter site boundary shall adhere to the requiieznents of Section 42 & 43, except that: o No baffyards shall be required along lot lines adjacent to the City oT Gxrapevine.. o No buffyards shall be required along lot lines interior to the site boundary. Very truly yours, Rusty Prentice, B.I.T. Case lido. ZA 06 -1.47 l'[Gl) ;aE P _1 8 2006 DALLAS - 8150 Brookdver Drive, Suite S -700 • Dallas, Texas 75247 • T: 214.357.2981 F: 214 3572985 Toll Free: 866.533.PATE (7283) www.pateeng,com Case No. Attachment G ZA 06 -147 Page 9 o � � m 1•'r 1•'r I� n V wr I"r GRAPHIC SCAI.F. I — � j 1 a the 1 z u.. XOExAUO ANO uucn -usE ma �m� caNCRETE t Frrn'n Q OREUNE © FM%PIC COLWi SITE PLAN FOR 8•P-1 ZONING REOUEST WESTGATE PLAZA CITY A Or a S011TNWlE TARRANT COUNTY, TEXAS I.nte ACI. E .. or THE i..B EAAER E.—, AES.. N0. 158 AUGUST 28, 2006 / d LOTS AWIICANT/OEEE.— E..IXEEX EYE CONOULTANTe PIroPElitE4 LP PATE ENUEEPB GR (0,7)'410 2!5` B'S .— I2 sl r 3s wr:ri,c veal —1 •R i AU aE V1 H I l JJ v z O 41 o � � I I� A V Cfl � BLOCK 2 WESTGA TE PLAZA CAB. A, SLIDE 8847 P. R. T. C. T. Ay 3 S / M1b' 6 'N�p�"T l O,R 7C � CrO LOT 2 0.1923 ACRES r, es 4 M - USE '..TRAIL Nsy.9r \ ' / Z �3S� • �� � a Wo � Y / g Brio eE Nt:�AVC° O lu OTECTION DEEAIL NiWa- PMecEVe Ientl�q t° be Plecnl oRN�e enP nna m.n o-.� m � se"m. TraesNo me ewmvy snwia �re �ate� o>� v,da u.. w�or.IO'm me wootllr.�. 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