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Item 8ACity of Southlake Department of Planning STAFF REPORT April 13, 2005 CASE NO: ZA04 -047 P ROJECT: Stonebridge Park REQUEST: Realty Capital Corporation is requesting approval of a rezoning and concept plan for "S -P- 2" generalized site plan district. Eight new office and three new retail /office buildings totaling approximately 74,500 square feet are proposed. Under the "S -P -2" zoning the applicant proposes the following (see Attachment C): • "C -2" Local- Retail Commercial District uses and development regulations on Lots 1 & 6. • "0-1" Office District uses and development regulations on Lots 2R2 through 5R2. • Parking - A parking ratio of 1 space per 201 square feet of building area for the entire site. • Screening — A 6' wrought iron fence along the specified lot boundaries. • Impervious Coverage — Overall site not to exceed 65 %. Individual lots not to exceed 69 %. • Setbacks — The setback on Lot 4R2 shall be 33 feet. The setback on Lot 3R1 shall be 17'. • Bufferyards — Bufferyards along interior lot lines shall not be required. In addition to the above regulations, the applicant is requesting the following: • Parking — Required parking shall be permitted within the public street right -of -way. ACTION NEEDED: Coi ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) The following variances are being requested (see Attachment C): • Public Street R.OW. — Minimum 60 ft required, 40 ft. R.O.W. with 30 ft. pavement width is proposed. • DrivewaySpacing to intersection — Min. 500 ft required on FM 1709. 390 ft proposed. • Driveway Spacing on local streets —Min. 100 feet required, 63 feet and 66 feet proposed. • Driveway Stacking — Min. 28 ft required, 15 ft for drives and 0' for parking adjacent to the street is proposed. isider first reading for a zoning change and concept plan Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary No. 7, dated April 1, 2005 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -208a Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (481 -2036) Case No. ZA 04 -047 Dennis Killough (481 -2073) Case No. ZA 04 -047 BACKGROUND INFORMATION OWNER/APPLICANT: Realty Capital Corporation PROPERTY SITUATION: 150 — 175 Stonebridge Lane and 2340 & 2350 W. Southlake Boulevard LEGAL DESCRIPTION: Lots 1 — 6, Block 1, Stonebridge Park LAND USE CATEGORY: Retail Commercial, Office Commercial, and 100 -Year Flood Plain CURRENT ZONING: "S -P -2" Generalized Site Plan District REQUESTED ZONING: "S -P -2" Generalized Site Plan District HISTORY: -A change of zoning to "S -P -2" Generalized Site Plan District was approved for Stonebridge Park by City Council on September 18, 1996. -City Council approved a site plan for an animal hospital on August 5, 1997 on what is now Lot 1. -City Council approved a preliminary plat for Stonebridge Park on October 7, 1997. -A final plat for Lot 1 was approved by P &Z on October 23, 1997. -P &Z approved a final plat for Lots 2 — 6 on January 22, 1998. -A revised site plan for the animal hospital on Lot 1 was approved by City Council on March 19, 2002. TRANSPORTATION ASSESSMENT: Master Thorouzhfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right -of -way. Adequate right -of -way exists for this roadway. Existin- Area Road Network and Conditions Stonebridge Park has dedicated a street, Stonebridge Lane, which intersects with W. Southlake Boulevard. Only a portion of the street has been built. The applicant is proposing to extend the street but has proposed a right -of -way width of 40 feet with 10 -foot utility easements on either side in lieu of the standard right -of -way width of 60 feet for commercial streets. The development also proposes one (1) full access drive directly onto W. Southlake Boulevard for Lot 6 as there is no access to Stonebridge Lane. W. Southlake Boulevard is a five -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. The width of the roadway is sufficient to be a seven -lane roadway. Case No. Attachment A ZA 04 -047 Page 1 May, 2004 traffic counts on W. Southlake Blvd (between Pearson Ln & F.M. 1938 24hr West Bound (VvB ) (16,301 East Bound (EB) (17,090 WB Peak A.M. 852 11 — 12 a.m. Peak P.M. 1,697 5 — 6 p.m. EB Peak A.M. 1,581 7 — 8 a.m. Peak P.M. 1,121 5 — 6 p.m. PATHWAYS MASTER PLAN: Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT General Office 78,863 868 108 15 20 98 *Vehicle Trips Per Day * *The AM /PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Boulevard. According to the Master Pathways Plan, an 8 -foot multi -use trail is planned adjacent to the development along W. Southlake Boulevard. The trail has been constructed and is shown on the site plan. WATER & SEWER: An 8 -inch water line currently exists along the north side of W. Southlake Boulevard adjacent to this lot. The applicant is proposing to extend a 6 -inch sanitary sewer line from the west. DRAINAGE ANALYSIS: The drainage from this site will be handled with two detention / retention ponds in addition to the existing pond. This includes the increased runoff from development of the site as well as the runoff coming through it. The creek running through this site is part of the floodplain. A conditional letter of Map Revision has been approved by FEMA. TREE PRESERVATION: During the previous submittal we allowed the applicant to submit an aerial photograph in place of the required Tree Survey because the applicant still needed to rezone the property and still has a Site Plan and Grading Plan to submit for formal approval. The aerial photograph that was submitted is not very good quality and it is very difficult, if not impossible, to make out the location of any individual trees that could be preserved on the development site. The applicant has not specified any areas of existing trees or individual trees that would be preserved on the site but has changed the layout of the Concept plan to provide extra green space in Lots 3R1 and 4R1. The majority of "Quality" trees exist in this location as well as next to the existing pond and creek. A Grading Plan has not yet been submitted but the applicant should be able to save a large quantity of trees within these areas. P &Z ACTION: February 17, 2005; Approved to table (5 -0) until March 3, 2005. March 3, 2005; Approved to table (6 -0) until April 7, 2005. Case No. Attachment A ZA 04 -047 Page 2 April 7, 2005; Approved (7 -0) subject to Concept Plan Review Summary No. 7, dated April 1, 2005; and subject to the following: • granting the request for on street parking as public parking; • noting the applicant agreed to limit impervious coverage to no more than 50 %; • noting an agreement to remove the on street parking shown east of the retention pond; • noting an agreement to place a sidewalk on the east side of Lot 5R2 up to the trail on the west side of the existing pond; • and granting the requested variances. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 7, dated April 1, 2005. M \Community Development \MEMO \2004cases \04- 047ZCP.doc Case No. ZA 04 -047 Attachment A Page 3 Vicinity Map Lot 1- 6, Block 1 Stonebridge Park F 1440 0 1000 I\1 S E Case No. Attachment B ZA 04 -047 Page 1 2000 3000 Feet o� �z 00 1•'r 1•'r 04 >3 W ml a3CM.111Y `dx 9 � [ A 4N�ulm 3rv, NYIYI !sln'� a m[W >d riwbY amJ13e 4 la)M ° iam m CJ w v» s so o ^m as ° o — - N •� 5 r� m s S E .g § flB €Dll `mo j SO i � C � r V1 b �-- l 1 nn sea, cK IIL.aVf inaal.•a w..aaw +m v. an °imamle,++a lacy K+»a9.++ ma .arY �� 1A t�°s [we•y [w»a sK9 s. x - 1 n K[ G'+I ss a ai CKg m p s [ 4RR!I O�Z_m — ql+ KaY xsa w r D:s c; ffm 9H_f a<.P_C PY1fs a '%p i ITU a was _s[s_cet falR _ >_ !PC ?.. oK n rol my [m +Igal wm Mtd m[ ro+ aNS- 1 k+tn + rot afiyugiaW$ aaod a�w .tl aMUm mf C � r V1 b �-- l 1 ee [Jai ;r Lu!. 1p? rl i3 I qv z - - - - - - - - - - 0,260 S.F. 5 145 Mi C%Vfmjl JI—Op 44 Awpvz N,,A*,I&f tz C*"W zaarAp CY wiv co-~14W IT —I T. 11 Z ;4; T F r iff ISM X — ll � 1 J4. �e 4J �f� � — — fao �' � Qn sm [Jai ;r Lu!. 1p? rl i3 I qv z - - - - - - - - - - 0,260 S.F. 5 145 Mi C%Vfmjl JI—Op 44 Awpvz N,,A*,I&f tz IT —I T. 11 Z ;4; T F r iff ISM X — ll � [Jai ;r Lu!. 1p? rl i3 I qv z - - - - - - - - - - 0,260 S.F. 5 145 Mi C%Vfmjl JI—Op 44 Awpvz N,,A*,I&f IT —I T. 11 Z ;4; r ISM X — ll � [Jai ;r Lu!. 1p? rl i3 I qv z - - - - - - - - - - 0,260 S.F. 5 145 Mi C%Vfmjl JI—Op 44 Awpvz N,,A*,I&f Realty Capital Corporation March 3, 2005 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Lots 1 and 6, Block 1, Stonebridge Park; Proposed Permitted Uses and Developmeni Regulations for "S -P -2" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "C -2" Neighborhooc Commercial District as amended in the Comprehensive Zoning Ordinance No. 480. Develooment Regulations This property shall be subject to the development regulations for "C -2" Commercial, and al other applicable regulations with the following exceptions: • Fencing along the western property line will remain 6' wrought iron, as previousl} approved, in lieu of the 6' fence required by the "F -1" bufferyard. • Bufferyards along interior lot lines not be required for this development. • All channel improvements required will be approved by City engineers during the forma engineering of the site. Please call me with any questions or comments; I can be reached at (817) 458 -4200 x127. Sincerely, !;/Ma re Vice President of the General Partner Southlake Stonebridge Park, Ltd. nn EA..;., C�- -+ Q -4- Inn ('- II— ., ;II- - r— "74AIA . !Q1'7) AQQ_A?n!1 . P— (Q1 'M A")A_')AAQ Case No. ZA 04 -047 Attachment C Page 3 R C C Realty Capital Corporation March 3, 2005 City of Southlake Planning Department 1400 Main Street, Suite 310 Southiake, Texas 76092 RE; Lots 2R1 — 5R2, Block 1, Stonebraidge Park; Proposed Permitted Uses and ,Development Regulations for "S -P -2" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "O -1" Office District as described in the Comprehensive Zoning Ordinance No. 480, as amended. Development Rffulutions This property shall be subject to the development regulations for the "0-1" Office, and all other applicable regulations with the following exceptions An overall parking ratio of 1 space per 201 square feet of building area shall be used in calculating required parking for the entire site. Parking shall be considered as a whole instead of based on individual spaces for each lot in order to provide a consistent feel and architectural standard for the overall development. All Tenants and/or Buyers for the development will sign a shared parking clause /easement in their respective lease /sale agreements as mutually approved by us and the City Attorney. • Fencing and screening along the northern, western and eastern property lines will remain 6' wrought iron, as previously approved, in lieu of the 6' fence required by the "F -1" bufferyard and the 8' screen that is required adjacent to residential properties. • The overall site, as shown on the Concept Plan, shall not exceed 65% impervious coverage (currently 51 %), based on the net land area (less any public street R.O.W. dedications). However, individual lots created within the site boundary shall not exceed 69% impervious coverage. Setbacks along the perimeter site boundary, as shown on the Concept Plan, shall adhere to requirements, with the only exception being Lot 4R2 and Lot 3R1. Lot 4R2 and Lot 3R1, as shown, are required to slightly encroach on the bufferyard in order to adhere to the overall parking, architecture, and building depths for this site. The building on Lot 4R2 shall have a maximum encroachment of 7.27'. The building on Lot 3R1 shall have a maximum encroachment of 23.0'. 99 Main Street, Suite 200, Colieyville, Texas 76034 • (817) 4884200 • Fax (817) 424 -2448 Case No. ZA 04 -047 Attachment C Page 4 • Bufferyards along interior lot lines not be required for this development. All channel improvements required will be approved by City engineers during the forma engineering of the site. Please call me with any questions or comments; T can be reached at (817) 488 -4200 x127. Sincerely, Ror� a ire Vice President of the General Partner Stonebridge Monticello Partners. Ltd. Case No. ZA 04 -047 Attachment C Page 5 R C C Realty Capital Corporation March 3, 2005 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Variance Letter Per our conversations with City Staff, we have revised our concept plan to better accommodate the overall goals of each department. We make the following variance requests based upon the revised concept plan: ♦ Stonebridge Lane will be a public road. We request a 30 foot cross section width for this road. ♦ Stonebridge Lane will have a 40 foot Right-of-Way. ♦ A 10 foot utility easement will be provided on both sides of the Right -of -Way. ♦ A variance from Driveway Ordinance No. 634 requiring that driveway spacing is a distance of 100 feet on a local street and driveway stacking be 28 feet. The connection between Lots 4R3 and 5R1, as well as Lots 5R1 and 5R2 measure approximately 80 feet. This variance is necessary in order to accommodate the overall connection of the office park while meeting other setback requirements and to maintain that Stonebridge Lane remain a public road. ♦ Due to a large drainage channel and existing pond, Lot 6 does not have access to Stonebridge Lane. The proposed drive is located on the far west side of the lot giving the greatest distance possible from the street intersection. The drive will be approximately 390 feet from the intersection. We have worked diligently to plan an exemplary office park. Our Office Park Association document will outline and define maintenance responsibilities for each building owner /tenant. The reasons listed below outline the need for the above mentioned variances: 1) Greater control of access and design; as well as landscape for the business park common areas; 2) Smaller cross section width, reducing speeds within the business park and providing the best connectivity for adjoining lots; Case No. ZA 04 -047 Attachment C Page 6 3) Architectural Control for this development has been highly regulated to achieve a standard look and consistent feel as you drive through the property. The requested variances are necessary to achieve this standard. Due to a large drainage channel and existing pond, Lot 6 does not have access to Stonebridge Lane. The proposed drive is located on the far west side of the lot giving the greatest distance possible from the street intersection. The drive will be approximately 390 feet from the intersection. Please call me with any questions or comments; T can be reached at (817) 4884200 x 127. Sincerely, R rM �� o/a ire Vice President of the General Partner Southlake Stonebridge Park, Ltd. Case No. Attachment C ZA 04 -047 Page 7 I� U O V O i. �7 y O W , 5 ,+ C rD 1 1 3 1 -i Ca y 1 1 X 7'y'Wn , [ } 1 t 4 U Ir U y O E_ A J O a U r, t O� U U � rJ aat ' �Isk $ 7 ra.a.av� .rrt �..,va •n d, 'f, > •,,r Lit •a..g Tq 4 �• qr� d3R771S ��Rt�3�5v L}i14W'; 'd -i Y]i °•'+:_ .LJ :7�v�� o� �z 0 0 sy'NURWE PmKAOF Z o Ck: SOL}TNLP&E STONEORKQ PARK SMRLA :E. T% IW92 EA814ET A. SLIDE 4153 ET5TWG ZONING: S-G -R 1-11.-0.: RETAL CO4NERCW A� A b � QQ .� Ail LAW6C-Aft J.C. +ILLEN NQ. , 8 ADOWN /LOT 4R1 cm k SLIDE AW9 Exrp,m Zott - C -3 L.0 -U.' RETHL tOMMEkC4•L SITE PLAN LOT 1, BLOCK I STONEBRIDGE PARK in w. J-G. 4W 5-Im WTI. Np, 18 SOUTHLAKE TARRANT COUNTY, TEAS ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 3990. TARRANT COUNTY FLAT RECORDS E,ISNNC ELECFW TR WDRNCR' PANT OF 6ES -14C ERNEST REDGCOTR CONSULTING ENGINEERS. INC. .c ao.ar ■oa 51TM PLAN N SCALE ]' = LT ANIMAL �EMEPM sr i, ii nLU�+! MJ i f R 5! TE PLAIN r i 0 C b .r A� O r 0 n CONCEPT PLAN REVIEW SUMMARY Case No.: ZA04 -047 Review No.: Seven Date of Review: 04101105 Project Name: Concept Plan — Stonebridge Park APPLICANT: Realty Capital Corporation ENGINEER: BHB Engineering & Surveying Richard Myers / Rory Maguire Konstantine Bakintas, P.E. 32 Village Lane, Suite 200 6300 Ridglea Place, Suite 700 Colleyville, TX 76034 Fort Worth, TX 76116 Phone: (817) 488 -4200 Phone: (817) 338 -1277 Fax: (817) 424 -2448 Fax: (817) 338 -9245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/21/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. 1. Provide a public street meeting the regulations found in Subdivision Ordinance No. 483 for commercial streets. Commercial streets are required a minimum 60' of R.O.W. (A variance has been requested.) 2. Provide the minimum spacing from a driveway to an intersection on Southlake Boulevard. Spacing from a driveway to an intersection is required to be 500' on Southlake Boulevard. (A variance has been requested.) Provide the minimum spacing between drives on Stonebridge Lane. Spacing between drives is required to be 100' for commercial drives on a local street. (A variance has been requested.) 4. Provide the minimum stacking depth for all drives on Stonebridge Lane. A stacking depth of 28' is required for all drives on Stonebridge Lane. (A variance has been requested.) Remove the on- street parking from the plan. No required off - street parking space shall be located within any public highway, street or alley right -of -way. (The applicant is requesting that on- street parking be allowed.) If on- street parking is approved, add a regulation stating that required parking shall be permitted within and along the public street right -of -way. 6. Extend the drive lanes and common access easements to the property lines to provide connection into the east and west adjacent properties. 7. Sufficient parking must be provided per individual lot unless a written agreement is properly executed and filed as outlined in the Comprehensive Zoning Ordinance No. 480, as amended (Sec 35.2.b). A reciprocal shared parking and access agreement must be provided to the City prior to issuance of a building permit for any building. INFORMATIONAL COMMENTS Case No. ZA 04 -047 Attachment D Page 1 The applicant should be aware that prior to issuance of a building permit a revised Plat must be processed and filed in the County Plat Records, and a 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. This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480 -CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor Overlay Zone regulations in Section 43, Part IL Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per §43.13 a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as amended. • Spill -over lighting and noise per §43.131 and §43.13j, Ordinance 480, as amended. • Off - street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. Case No. ZA 04 -047 Attachment D Page 2 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 04 -047 Date of Review: March 24, 2005 Number of Pages: 1 Project Name: Stone Bridge Park (Concept Plan) OWNER \ DEVELOPER PREPARED BY: Reality Capital Corporation Baird, Hampton & Brown, Inc. Phone: (817) 488 -4200 Phone: (817) 338 -1277 Fax: (817) 424 -2448 Fax: (817) 338 -9245 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481 -5640 TREE PRESERVATION COMMENTS: During the previous submittal we allowed the applicant to submit an aerial photograph in place of the required Tree Survey because the applicant still needed to rezone the property and still has a Site Plan and Grading Plan to submit for formal approval. The aerial photograph that was submitted is not very good quality and it is very difficult if not impossible to make out the location of any individual trees that could be preserved on the development site. The applicant has not specified any areas of existing trees or individual trees that would be preserved on the site but has changed the layout of the Concept plan to provide extra green space in Lots 3R1 and 4R1. The majority of "Quality" trees are existing in this location as well as next to the existing pond and creek. A Grading Plan has not yet been submitted but the applicant should be able to save a large quantity of trees within these areas. Non - residential Development: In a non - residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Tree Preservation Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. ZA 04 -047 Attachment D Page 3 Surrounding Property Owners Lots 1 -6, Block 1, Stonebridge Park 3 2 16 Owner Zoning Land Use Acrea; 4 "AG" Low Density Residential 2.710 6 "AG" 17 6.990 7 3. Bedgood, James E 8 Low Density Residential & 100 1 9 1 Year Flood Plain 1 11 16 Owner Zoning Land Use Acrea; 1. Miller, Rheta Mae "AG" Low Density Residential 2.710 2. Miller, Rheta Mae "AG" Low Density Residential & 100 6.990 Year Flood Plain 3. Bedgood, James E - SF-IA - Low Density Residential & 100 4.957 Year Flood Plain 4. Garner, Robert & Billie "SF -IA" Low Density Residential 3.264 5. Collins, Ottis F. Sr "SF -IA" Low Density Residential 3.189 6. Brown, David L "SF -IA" Office Commercial 3.247 7. Martin, James H "C -3" Retail Commercial 3.206 8. Shunail Corp Inc. "C -3" Retail Commercial 1.082 9. Southlake Crossing Am Clinic "C -3" Retail Commercial 0.531 10. Stanley Crossing, Lp "C -2" Retail Commercial 1.341 11. Wendy's International Inc "C -2" Retail Commercial & 0.751 100 Year Flood Plain 12. Daily Six Texas Inc "S -P -1" 100 Year Flood Plain 0.491 13. Drew Realty Group "C -2" 100 Year Flood Plain 0.989 14. Lam, Conner "AG" Office Commercial & 100 Year 2.550 Flood Plain 15. Hallmark, Clara Maye Est - SF-IA - Low Density Residential 1.284 16. Soml - lake Church of Christ "CS" Public /Semi -Public 9.817 17. Stonebridge Monticello Pt Ltd "S -P -2" Retail & Office Commercial & NA 100 Year Flood Plain 18. NTVMG Up - S-P-2 - Retail & Office Commercial & NA 100 Year Flood Plain Case No. Attachment E ZA 04 -047 Page 1 Surrounding Property Owner Responses Lots 1 -6, Block 1, Stonebridge Park Notices Sent: Eighteen (18) Responses: None (0) Case No. ZA 04 -047 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -208a 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 LOTS 1— 6, BLOCK 1, STONEBRIDGE PARK, AND BEING APPROXIMATELY 13.30 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "C -2" LOCAL - RETAIL COMMERCIAL DISTRICT USES AND "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article X1, 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 -2" Generalized Site Plan Case No. Attachment G ZA04 -047 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 Case No. Attachment G ZA04 -047 Page 2 made; and, 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 Lots 1 — 6, Block 1, Stonebridge Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 3998 and Cabinet A, Slide 4153, Plat Records, Tarrant County, Texas, and being approximately 13.30 acres, and more fully and completely described in Exhibit "A" from "S -P -2" Generalized Site Plan District to "S -P -2" Generalized Site Plan District with "C -2" Local- Retail Commercial District uses and "O -1" Office District uses as depicted on the approved Concept Plan attached hereto and Case No. Attachment G ZA04 -047 Page 3 incorporated herein as Exhibit "B ", and subject to the following specific conditions, if any: 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 tractor 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. Case No. Attachment G ZA04 -047 Page 4 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. 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 Case No. Attachment G ZA04 -047 Page 5 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 onetime 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 , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZA04 -047 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -047 Attachment G Page 7 EXHIBIT "A" Being Lots 1 — 6, Block 1, Stonebridge Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 3998 and Cabinet A, Slide 4153, Plat Records, Tarrant County, Texas, and being approximately 13.30 acres. Case No. ZA04 -047 Attachment G Page 8 C � C` ai p� H x � �C W L—dJr .1B L aa, tow Ay A- ,AA.,AW .3 a� 0! � 4 G b ac w ° . G M oOnecY e 9fai.We��'ut opeuMiK ww��; r efp�pirr 96Rl.H a[n f . -: X . 0 U