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Item 7ACity of Southlake Department of Planning STAFF REPORT May 11, 2005 CASE NO ZA05 -022 PROJECT: Zoning Change and Concept Plan for The Shops at Southlake (Southlake Central Park — Central Market) REQUEST: South Carroll /1709, Ltd., is requesting approval of a zoning change and concept plan. For "S -P -2" zoning on property located at the southeast corner of E. Southlake Boulevard and S. Carroll Avenue. The plan proposes approximately 250,000 square feet of retail, restaurant and office development. The "S -P -2" zoning generally adheres to the "C -3" retail district uses and regulations with the following exceptions: Uses — Tires, batteries, auto accessories, commercial amusement centers, funeral homes, and skating rinks shall not be permitted. ACTION NEEDED ATTACHMENTS STAFF CONTACT: Development Regulations alter the following — • Parking ratio of 5 per 1000 sq. ft. for all uses; • Max building height of 50 ft.; • Elimination of windows on 2nd floor of Bldgs. A -C; • No pitched roof for buildings 6,000 sq. ft. or less; • Min. 45 ft. building setback along Southlake Blvd. and min. 120 ft. along the south boundary line of the development, the 4:1 slope setback shall not apply; • Stucco type textured tilt -wall on rear of Bldg. A -C, color consistent with fronts (deleted by P & Z); • No screen wall for loading docks on Buildings A and C (deleted by P & Z) • Lighting fixtures to be similar to Town Square; • No bufferyards on interior lot lines; • 10 ft. tall evergreen plant screen adjacent to residential properties; • Impervious coverage no greater than 75% for overall development, no limit on individual lots within the development 1. Conduct public hearing 2. Consider approval of second reading for zoning change and concept plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Concept Plan Review Summary No. 2, dated May 11, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -454 (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (481 -2036) Dennis Killough (481 -2073) Case No. ZA05 -022 BACKGROUND INFORMATION OWNER: South Carroll / 1709, Ltd. APPLICANT: Lawrence A. Cates & Assoc., LLP PROPERTY SITUATION: The property is located at 425 S. Carroll Avenue; on the southeast corner of the intersection of E. Southlake Boulevard and Carroll Avenue LEGAL DESCRIPTION: Tract 7A, John A. Freeman, Abstract No. 529 LAND USE CATEGORY: Town Center CURRENT ZONING: S -P -2 Generalized Site Plan District REQUESTED ZONING: S -P -2 Generalized Site Plan District HISTORY: A rezoning and concept plan for S -P -2 zoning was approved in May of 1996. A revised concept plan was proposed in 1999 and deemed to be inconsistent with the "S -P -2" zoning by the Southlake Zoning Board of Adjustments. TRANSPORTATION ASSESSMENT: See Attachment `D', Pages 3 through 9 for traffic assessment summary and recommendations. WATER & SEWER: A 20" water transmission main exists along the south line of E. Southlake Boulevard. Water service to this property will be provided from the 12" water line also on the south side of E. Southlake Boulevard and 12' line along the east side of S. Carroll Avenue. The proposed sanitary sewer will be connected to an existing 10" line located in S. Carroll Avenue. DRAINAGE ANALYSIS: Most of the site drains south and west with a small section draining to Southlake Blvd. Offsite drainage from the north and east that pass thru this site will be enclosed in a box culvert and or storm sewer pipe. The development is proposing three detention ponds and a detention / retention pond to capture the post development runoff produced by the development of this site in accordance with Drainage Ordinance 605. P &Z ACTION: April 21, 2005; Approved (6 -0) subject to Concept Plan Review Summary No. 2, dated April 15, 2005, with the following conditions: 1. Subject to attachment C of the city staff report with the following deletions: #6 — deferring final decision regarding the building Case No. Attachment A ZA05 -022 Page 2 facades until the site plan stage. #7 — deferring final decision regarding 10 foot walls on the south side of buildings A and C until the site plan stage; 2. Subject to review with the exception of driveway D; variance no longer needed since that is going to be a right in / right out; 3. Noting the applicant's willingness to have the concept plan approved subject to having Central Market as its anchor tenant; 4. Noting the applicant will be providing in the southern bufferyard 120 31/2 inch caliper shade trees consisting of a mixture of two thirds live oak and one third combination of cedar elm and red oak trees; 5. Noting the applicant's commitment to provide 164 10 foot red cedar trees along the northern end of the swale which will run on the southern 8 to 10 foot of the southern buffer; 6. Deferring a final decision on the most effective noise buffer until the site plan stage, particularly along the area of property where the delivery trucks will traverse; 7. Including a detention pond in the southeast corner of the southern bufferyard; 8. Noting that the sidewalks shown on the west side of the property will continue to the end of the bufferyard, along Carroll Avenue to the entrance of Oak Tree Estates; 9. Incorporating the Mobility /Transportation in Southlake 2025 recommendations that staff has presented and discussed this evening; 10. Noting Central Market's willingness to further study delivery options which will be discussed at the site plan stage. COUNCIL ACTION: May 3, 2005; Approved first reading (7 -0) subject to Concept Plan Review Summary No. 2, dated April 15, 2005, • subject to the recommendations of the Planning and Zoning Commission with the clarification that there will be no second floor windows on the south sides of buildings A, B, and C; • requiring the `L' shaped buildings along FM 1709 to be constructed at the same time as Central Market; • requiring there to be a screen wall south of the loading dock of Central Market; • accepting the applicant's commitment to make a good faith effort to restrict delivery times to between the hours of 6:00 a.m. and 10:00 p.m.; Case No. Attachment A ZA05 -022 Page 3 requiring the landscape buffer to be maintained in perpetuity; and, requiring the applicant to submit information on the acoustical wall prior to 2nd reading. STAFF COMMENTS: Revised Concept Plan Review Summary No. 2 dated May 11, 2005 is included as attachment `D' of this report. In addition, the City Staff has proposed design guidelines similar to those of Town Square. The developer has tentatively agreed to include them as part of the "S -P -2" zoning regulations, subject to approval by Central Market. Central Market is currently reviewing the proposal. The proposed guidelines are as follows: Draft Design Guidelines for Shops at Southlake (Central Market Project) BuildingMassing & Scale: A building's massing is its exterior volume and its scale is the relationship of its overall size and its component parts with its adjoining buildings, spaces, and people. • A building's massing shall relate to its site, use, and to the massing of adjacent buildings. • A building's massing shall serve to define entry points and help orient pedestrians. • The scale of individual building facade components shall relate to one another and the human scale, particularly at the street level. • Buildings and /or facades shall emphasize and frame or terminate important vistas. Building Rhythm: A building's rhythm is (are) the pattern(s) created by the regular recurrence or alteration of its constituent architectural components. Variations in the rhythms within individual building facades shall be achieved within any block of building facades. Breaks in the predominant rhythm may also be used to reinforce changes in massing and important elements such as building entrances or pedestrian pass - throughs. Architectural Elements: Architectural elements are the individual components of a building, including walls, doors, windows, cornices, parapets, roofs, pediments, and other features. Architectural composition is the relationship between the architectural elements in an individual building. • Architectural elements shall be designed to the appropriate scale and proportions of the selected architectural style. For example, building designs based on an Art Deco style shall utilize architectural elements of a scale and proportion characteristic of that style. Building Entrances: The design and location of building entrances are important to help define the pedestrian environment and create retail - friendly environments. • Entrances shall be easily identifiable as primary points of access to buildings. • Building entrances may be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. All building elements should be compatible with the architectural style, materials, colors, and details of the building as a whole. Case No. ZA05 -022 Attachment A Page 4 • Entrances to upper level uses may be defined and integrated into the design of the overall building facade. Facade Treatments: • All sides of a building shall be consistent with respect to style, colors, and details only to the extent that they establish continuity with the main street -front facade. • Display windows are encouraged along the main facades of buildings. Buildings should avoid long, monotonous, uninterrupted walls. Building wall offsets, including projections, recesses, niches, fenestration, or changes of materials or color shall be used to add architectural variety and interest, and to relieve the visual impact of a blank wall. • Parapet and roof -line offsets between facades may be provided in order to break down the scale of the block and create architectural interest and variety. • Architectural elements, such as canopies, awnings, roof and floor overhangs, and colonnades shall be provided as appropriate to protect pedestrians, help unify parts of a building or block, provide human scale, or provide a backdrop for signage and graphics. Building Materials: Exterior finish building materials shall consist of: • Masonry, which is defined as brick, cast stone, glass fiber reinforced concrete, glass fiber reinforced gypsum, and split face concrete masonry units • Stucco, including synthetic stucco (exterior insulation finishing system - EFIS) • Glazed ceramic and porcelain tile • Fiber reinforced plastic (with the exception of plastic or vinyl siding) - used for exterior building components, including but not limited to: cornice and entablature elements, decorative columns and pilasters, storefront trim, railings, and balustrades, spandrel panels, and similar elements. • Painted steel and aluminum, cast iron, bronze, brass, copper (including terne coated) • Roofing materials (visible from any public right -of -way): copper, factory finished painted metal, slate, synthetic slate, terra cotta, cement tile, glass fiber shingles. • Materials other than those listed above may be used for architectural trim and accent applications including, but not limited to, cornices and decorative brackets, frieze panels, decorative lintels, shutters, and porch or balcony railings. Lighting: The placement and orientation of lighting can be a critical part of creating an inviting and safe downtown environment. • Exterior lighting shall be architecturally integrated with the building's style, material, and color. • Lighting intensities shall be controlled to ensure that excessive light spillage and glare are not directed toward neighboring areas and motorists. • Pedestrian level lighting of building entrance -ways shall be provided. • Illuminations of portions of buildings, direct or indirect, may be used for safety or aesthetic results. Pedestrian Network: Sidewalks are a critical part of pedestrian connectivity. In order to enhance the safety of the pedestrian environment, all development shall be subject to the following: • The street network, with its adjoining sidewalks, shall function as the primary pedestrian network. • Mid -block pedestrian connections from the street to parking lots at the rear of the building(s) maybe provided at key points. Case No. Attachment A ZA05 -022 Page 5 • Pedestrian crosswalks shall be clearly designated and provided at all key street intersections. • Sidewalks shall be a minimum of 6' -0" measured from the face of the curb to the building facade. That portion of the sidewalk that is free of any obstructions to allow for the passage of pedestrians shall be a minimum of 4' -0 ". ,Street. cape Treatment: The following guidelines for streetscape standards are provided in order to create an attractive and animated sidewalk environment. The developer shall propose a well- designed and unified streetscape plan for key streets in the Downtown district. • Street trees shall be planted in accordance with a unified landscaping plan proposed by the developer and approved by City Council. • Street Furnishings - shall be installed in accordance with a streetscape plan proposed by the developer and approved by City Council. Street furnishings may include planting strips, raised planters, trash receptacles, street light standards, street signs, wayfinding signs, media boxes, seating, public art, water features, fire hydrants, etc. N:',Conununitv Deaelopment`MEMO 2005cases`,05- 022ZCP.doc Case No. Attachment A ZA05 -022 Page 6 Vicinity Map The Shops a t So uthlake (Southlake Central Park - Central Market) Ljj LL� NORTHWEST - p SWy EAST 1000 0 1000 2000 3000 Feet N W S Case No. ZA05 -022 E Attachment B Page 1 o� 00 N N i b � ZONWG: DT LAND u9E: TOWN CENTER ION M AG LANDUSE: REDIUM DENSITY RESIDENTIAL existing IS 's Meths is Hospital I r� f I ZONHG: Sn LWO US@: OFFICE. COMFA -lkt f I l 1 6 1 �4k— I I � pgylkCii sFZae Ln°"'p," LAND USE: MEDIUM DENSITY RESIOENTIAL iAallUTKK+S ___ HErNl1 Sr�VRAVF1oFFlCE' li'A (TOTAL S4lnws+u�>•seui�elO: E><t1a0100p.0 aT7 (TOT 'u BMdV 7MS IFCTTCCHU14q tx5s"c a RFw�REn o+ua+na rose RRSEO rel aosrleES rEre IGOE DROSS SOInW E IEET, REClACxE95 pF1ysE FeETx4 aESrAUw+TaR OFrlc-1 sIFE� ss Ia9 RCRa8 +PFRNONS MEA =tP VIA& l aEA.w.usl: wr aaicoosF ORRM lu. =EnnwJS..i:Ea N�1i10!%LEEO 19%UF THE Cl'ErtV.t GCNCEF'r fate SOUnQMr. ERsms SON:Y1 BF -i {43 ustsg.. lwl E%IS U we OFPFCECOfiffMR , SED ZOHiR: s_E PP•]POSEO th UUW: REruL. O�KE. R €aTAORNR THE SHOPS OF 9OUll -i .AKE CONCEPT PLAN TOR.SP21 —NSESlO i SHOESOEiKRfR0.a1S aESVG 4A.a16 ACIES FlE LN�O w ivE J,'kMF1F ENM SURVEY, usrRACr N CRY OF SGfIY a+� ilidt�/lT Cn{wrr. tEras P C=) r� cr= a a Of ttttttttttttttti y � ao �n wd+�wo �.. .�. SCHEME �-- n "S -P -2" Generalized Site Plan District for Southlake Central Park April 4, 2005 This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C -3" General Commercial District uses and regulations with the following exceptions: Permitted Uses The following uses shall not be permitted: Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. 2. Commercial amusement center and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses. Mortuaries, funeral homes and undertakers. 4. Skating rinks, ice and roller (indoor only). Development Regulations: A parking ratio of 5 spaces per one thousand (1,000) square feet of floor area, regardless of use, shall be provided. 2. Building height shall be limited to two stories and shall not exceed 50' in height. Second story, south facing, windows will not be allowed for buildings A, B and C. 4. Delete the pitched roof requirement from section 43.9.c.1 (b) and section 43.13.a.2 for structures less than 6,000 s.f. Building setback along FM 1709 shall be a minimum of 45' from the existing right of way and shall be a minimum of 120 feet from the south boundary line; the 4:1 slope setback adjacent to single family residential properties shall not apply. 6. Amend section 43.9.c.1. (a) and 43.13.a (1) to include the following statement: The south fagade of buildings A, B and C are exempt from the requirement to be constructed of the "same materials" as the other building facades. The south fagade of buildings A, B and C are permitted to be constructed of primarily texture coated concrete Case No. ZA05 -022 Attachment C Page 2 tilt wall. Texture shall be similar to a stucco appearance & color shall be consistent with the other facades of the buildings. Upper areas of this fagade to be enhanced by architectural detailing such as cornices & reveals. 7. Due to the extent of the buffer along the south property line, loading areas for Buildings A &C are exempt from the requirements to be screened with a 10' wall. 8. Site lighting shall be similar to street lighting fixtures installed in Southlake Town Square and as described in the Downtown District Design Guidelines of the City's Comprehensive Zoning Ordinance No. 480, Section 37, as amended. 9. Interior lot lines are not required to have bufferyards. 10. Screening requirement adjacent to residential shall be met with a 10' tall evergreen planting screen. 11. Impervious coverage of the overall zoning and concept plan boundary shall not exceed 75 %. However, there shall be no maximum impervious coverage for individual platted lots within the overall zoning and concept plan boundary. Case No. ZA05 -022 Attachment C Page 3 o� 00 N N I m n Q � r TRAFM RFTAIL REBT 1° !!. 6 sew CIO tat .� o � sae c Ib 00 sa a aaa 00 00 00 00 co 00 4) 00 ar= BF 24" 9F _ !i 4f Ip 7 ;1 ` �l ° ii.!'✓QiLlp 1. r]7a LIB, c y �. mv� yy... — ^ w sr Li - - 0 ZAOS—D a nu.wwnnn•x, numm�n s rts:1>,e:1 i -. u: IS' I IrnxII•ex a ,ts'!xx Inns iln?tlsr6 lmin•,:�vIx9N1 13WE' �x ❑M1V1111 "!13a{.9>W'1N LNC. 13M 11.9 York Illmd -'j. Smile Ipl] RED APR 1 e 2005 l 1 o� 00 N N b� a� 8GUTHLAKE BLVD �FM 17 09) 61 11 !f ui W Q J O. Q I U x F 0 LAOS -022 RECD APR 14. 2005 THE SHOPS OF SQUTHLAKE SITE PL N .A n U `z � a ai ;GZZ � I a6a 6.x38 zz4 -50v 2 ■ N O N ° U N Case No. Attachment C ZA05 -022 Page 7 ARR -04 -2005 17:2 CENCOR REALTY SERVICES David C. Palmer Executive Vice President Via fox (817) 481 -1097 and mail April 4, 2005 Mr. Kenneth Baker Director of Planning City of Southlake 1400 Main Street, Suite 310 5outhlake, Texas 76092 Re: Shops of Southlake Case No. ZA05 -022 Dear Mr. Baker: dpalmL-r@r,encofrealty.com PUrguant to the Concept Plan Review Summary dated March 28, 2005, and to our March 31 meeting, Applicant requests a variance for Driveways 8 through E of the Concept Plan from the minimum stacking depth. We submit respectfully that the circulation within the development and the number of paints of entry/exit address the concerns underlying the ordinance requirement. Applicant also requests relief from the minimum distanca between driveways on 5outhlake Boulevard between Driveways D and E and between Driveway E and the controlled intersection at the Harris Hospital site to the east, Pursuant to the reasons set forth i,t the TIA filed with this Application, we respectfully submit that the driveways as set Forth on the Concept Plan satisfy the purposes of the ordinance. Thank you for your continued attention to this marten. By . l L. id C, Palmer Executive Vice President Sincerely yours, South Carroll/1709, Ltd. By Cencor Realty Services, Inc., Agent ee: Gary DeVleer (via fax 972 -960 -1129) Larry Cates (via fax 972.980 -1627) Mike Starek (via fax 972 -484 -4545) Dave Baldwin (via fax 1 372- 509 -1269) ]ennifer Tindel 3102 Mapla Avenue guile 500 Dallas, Texas 75201 RECD APR 04 2005 254 954.6300 tax 214,95.0050 vAvw.Cencar&84Lbj.coM concur RealfY Se-cas is the manage monf and CI Wplrrman Manapamenf corQnralion. P redlanal reaav carwiar,on w1vo? also does busyness erpMW 1! ICS brokerage division, The weutrnaa Group. P.01 /01 TOTAL P.111 Case No. Attachment C ZA05 -022 Page 8 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA05 -022 Revised Review No.: Two Date of Review: 05111105 Project Name: Zoning and Concept Plan — for "S -P -2" zoning, Shops of Southlake APPLICANT: David Palmer ARCHITECT: Gary DeVleer S. Carroll /1709, LTD Hodges & Associates, P.L.L.C. 13642 Omega Dallas, TX 75244 Phone J214) 954 -0300 Phone : (972) 387 -1000 Fax J972) 960 -1129 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/06/05 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 DENNIS KILLOUGH AT (817) 748 -8072. The applicant requests approval of the "S -P -2" zoning uses and regulations as proposed in attachment `C' of this staff report. 1. The following changes are needed with driveways: a. A minimum stacking depth of 150 feet is required measured from the ROW line to the first intersecting drive lane or parking space. Driveways B -E do not comply as follows: Driveway Stacking Required Stacking Provided B 150' 101' (Variance Requested) C 150' 49' (Variance Requested) D 150' 66' (Variance Requested) E 150' 46' (Variance Requested) b. The minimum distance between driveways on Southlake Boulevard is 500 feet. Spacing between Driveways D and E is 283 feet. (Variance Requested) If one of these drives is designed as a Right in /Right out, specifically Drive D, the required distance is reduced to 250' and would then be in compliance. C. All driveway entrances must have a minimum radius of 30 feet. Driveways on Carroll Avenue are shown at 20' 2. Clearly label all pedestrian walks. Show and label the intended width of all sidewalks. A minimum 8' trail is required adjacent to Southlake Boulevard. 3. Label and show the location, type, and height of al walls, fences, and screening devices. Label the existing and proposed screening adjacent to Oak Tree Estates. Case No. Attachment D ZA05 -022 Page 1 4. Provide changes as needed in accordance with the attached "Road Improvement Recommendations." See Attachment D Pages 9 and 10. The proposed building setback lines along Carroll Avenue and Southlake Boulevard are based on the existing R.O.W. location. Because the "Road Improvement Recommendations" may require additional R.O.W. dedication for turn lanes, deceleration and /or acceleration lanes in certain sections, staff recommends that all setback lines proposed be based on the existing R.O.W. location in order to retain a consistent building pattern. 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, 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 §43.13a, 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 §3 5, 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. Case No. ZA05 -022 Attachment D Page 2 Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment N:`,Conun uiitv Development REV 2005`,0- 022zcp1_doc Case No. ZA05 -022 Attachment D Page 3 o� 00 N N b� a� N e. _ 24 -hour N O C y C 0 1901 ,. C21rtOU AVCHue o11thlake Town LS (Iuare 4M � I Proposed h ops of Southlak I _ _ � _ _ I Ceiatral Avenue 1-WI 1709 (Soutirlalce H;Vd. t LAND USE AM PM 24 -HOUR PEAK PEAK IN OUT TOTAL IN OUT TOTAL TOTAL Retail 113 72 185 361 391 752 8,130 131,900 s Market 221 141 362 374 360 734 6,332 73,800 s Drive -In -Bank 45 33 78 102 102 204 1,578 (4- drive -in - lanes Sit -Down 36 33 69 40 26 66 762 Restaurant 6,000 s Sit -Down 36 33 69 40 26 66 762 Restaurant 6,000 s Sit -Down 24 22 46 27 17 44 508 Restaurant 4,000 s Sit -Down 24 22 46 27 17 44 508 Restaurant 4,000 s TOTAL 499 356 855 971 939 1,910 18,580 ESTIMATED SITE - GENERATED ONE -WAY TRIPS Source: Institute of Transportation Engineers' Trip Generation Manual, 7th Edition Case No. ZA05 -022 Attachment D Page 5 N nj: XX = 24-hour Im FM 1709 (South lake 'Blvd.) Proposed Shops of Southlake Z,323 i South CarroU Avenue Southlake Town Square Central Awnwie JA57 ADDED 24-HOUR DEVELOPMENT TRIPS-BUILD OUT Case No. ZA05-022 Attachment D Page 6 o� 00 N N 1� b � b O y d N x 0 z y n C O r V1 N O O §" i - Soutk Curell AVemne out c Town Sq uare 5,21,3 Proposed Shops of Southlake l "m -) J d va 24 -hOL, O O r r.- A n i i:- Square FWI 1709 (Suathlake Blvd.) Proposed Shops of Southlake 4 1. LL t L'J I x U. C 00 t r-q eq � � 3� � 3 � k � c 2 2 � 2 ° k o g d t d t . 2 2 § PC k 2 § § 2 x W g ƒ 9 4 cu � c o ■ 2 � � � � � � a � do � � 3� Additional Recommendations • Request TXDOT to conduct a timing analysis at the traffic signal at FM 1709 and Carroll. • Submit a CIP request for FY 2005 -06 for the ultimate construction of Carroll Ave. from Continental Blvd. to FM 1709. Case No. Attachment D ZA05 -022 Page 10 Surroundin6 Property Owners The Shops at Southlake (Southlake Central Park — Central Market) 2=A�� o MAN s"f z L4 `J`: E F_M_ 9709 Owner Zoning Land Use Acreage 1. Prade, C A & Anita "AG" Medium Density Resid. 18.059 2. Greenway- Southlake Off. Prtn "S -P -1" Town Center 0.512 3. Southlake Venture "DT" Town Center 4.331 4. SI Central Venture 11 Lp "DT" Town Center 0.377 5. Southlake, City of "DT" Town Center 0.941 6. Town Square Ventures Lp "DT" Town Center 4.266 7. Pkb Enterprises Ltd "DT" Town Center 5.649 8. Cambridge 114 Inc "S -P -2" Office Commercial 12.622 9. Davis, James & Carole "SF -20A" Medium Density Resid. 0.468 10. Pellettieri, J & Barbara "SF -20A" Medium Density Resid. 0.464 11. Tompkins, James "SF -20A" Medium Density Resid. 0.462 12. Henning, Christian & Sandra "SF -20A" Medium Density Resid. 0.462 13. Blucher, Charles & Susan "SF -20A" Medium Density Resid. 0.462 14. Waychoff, John & Carla "SF -20A" Medium Density Resid. 0.462 15. Thompson, Bryan & Barbara "SF -20A" Medium Density Resid. 0.531 16. Drake, Thomas & Donna "SF -20A" Medium Density Resid. 0.634 17. Griffith, Lesli & M "SF -20A" Medium Density Resid. 0.793 18. Newlin, Patricia "SF -20A" Medium Density Resid. 0.465 19. Johnson, Steven & Susan, "SF -20A" Medium Density Resid. 0.496 Case No. Attachment E ZA05 -022 Page 1 Clemons, Scott & Denise 20. Carkner, Philip & Ginny "SF -20A" Medium Density Resid. 21. Cravens, Charles &Jane "SF -20A" Medium Density Resid. 22. Poonawaia, Shiraz & Yasmeen "SF -20A" Medium Density Resid. 23. Ginn, John & Jody "SF -20A" Medium Density Resid. 24. South Carroll /1709 Ltd "S -P -2" Office Commercial Case No. ZA05 -022 0.698 0.540 0.506 0.573 29.114 Attachment E Page 2 Surrounding Property Owner Responses The Shops at Southlake (Southlake Central Park — Central Market) Notices Sent: Twenty -three (23) Responses: Seven (7) from within the 200' notification area. • Poonawala, Shiraz, 302 Lakeside Court, Southlake, Tx, 76092; opposed. See attached petition received 4- 13 -05. • Charles R. Cravens, Jr., 304 Lakeside Court, Southlake, Tx 76092; opposed. See attached petition received 4- 14 -05. • John Ginn, 300 Lakeside Court, Southlake, Tx 76092; opposed. See attached letter petition 4- 18 -05. • MarkE. Griffith, 1210 Westmont Drive, Southlake, Tx 76092; opposed. See attached petition received 4- 20 -05, and e -mail letter received 4- 25 -05. • Thomas E. Drake, 1212 Westmont Drive, Southlake, Tx 76092; opposed. See attached petition received 4- 20 -05. • Chuck Blucher, 1218 Westmont Drive, Southlake, Tx 76092; opposed. See attached petition received 4- 14 -05, and e -mail received 4- 21 -05. • James Davis, 1300 Westmont Drive, Southlake, Tx 76092; opposed. See attached e -mail received 5 -3 -05. Responses: Sixty (60) from outside the 200' notification area. • Jay Marsh, 1627 Mockingbird Lane, Southlake, Tx 76092; in favor. "Unfortunately, I cannot make the P &Z meeting tomorrow night. As a result please enter my support for this project into the record." (received 4- 20 -05) • Joe Sansone, Southlake, Texas; commented: "I would like to make a recommendation that I would hope that you would take up in your next discussion concerning the proposed Central Market development. In order to make the site plan in question more like the Town Square development across the street and less like a strip mall, I would propose that the area now designated to be parking spaces (lot 3 block 4) be designated as public open space like between the two principal areas between the entrances off of 1709 (Lot 4 block 1) The upside to this change to the site plan would be to continue the open "park like" theme or atmosphere of across the street." Numerous emails were received by the City Secretary's office. All of the residents who emailed have been identified as being outside the 200' notification area. In favor = 55 opposed = 3 Case No. Attachment F ZA05 -022 Page 1 Property Owner Response Form Refereit ce: LA CO S - O 0' a-- l Seine; the owner(s) of the property so noted, do hereby favor / nppos circle or underline one) the proposed rezoning of the above referenced pr erty. Sw5gature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 3 10 Southlake, Texas 75092 94- r N:1Community Development \WP- F[LESTORMSlofficial petidon.doc RECD APR I ') 2005 Case No. Attachment F ZA05 -022 Page 2 Property Owner Response Form Reference; Z C3 -- 1, (Na /�'� So L v,, �c -K.e T X CA- Being the owner(s) of the property so noted, do hereby favor 1 � (circle or underline one) the proposed rezoning of the above referenced property. S ignature Return or Mail to: e - , City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Date RECD I P R 1 A 2005 NACommunity DevelopmentlWP- FILESIFORMSIufftcial petition.doc Case No. Attachment F ZA 05 -022 Page 3 Property Owner Response Fornt Reference: ZA 0 S - O 'P Z, j, 30�' w C t v� Being the owner(s) of the property so noted, do hereby / oppose (circle or underline one) the proposed rezoning of the above referenced property. Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 RECD APR 1 8 2005 N:1Community Development \WP- FILES\FORMS1off cial petition.doc Tq Date �5 Case No. Attachment F ZA 05 -022 Page 4 Z 04 Property Owner Response Form Reference: ZA O S- - O a- 3-- 12 / D we-c 7� o -, 7L Being the owner(s) of the property so noted, do hereby favor J p ; circle or underline one) the proposed rezoning of the above referenced property. -nom Signature Date RECD APR 2 0' 2005 Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 M\Commnnity Development lwP- FILESIFORMSIofficial petition.doc Case No. Attachment F ZA 05 -022 Page 5 Lorrie Fletcher From: Jayashree Narayana Sent: Monday, April 25, 2005 11:29 AM To: Lorrie Fletcher; Ken Baker Subject: FW: Ern2il sent from City of Southlake Web Site Jayashree Narayana, AICP Senior Manner, Manning Department City of Southlake Southlake. TX 76092 (817) 748 -8070 - - - -- Original Message---- - From: _ Sent: Friday, April 22, 2005 2:19 PM To: Planning Subject: Email sent from City of Southlake Web Site Name: Mark Fxl—r —I r -4flrh Phone: i Email: Comments: This message is intended for Ken Baker and any and all other planning and zoning committe personel. My name is Mark Griffith, I reside at 1210 Westmont Drive. My property backs up directly behind the proposed Central Market. I attended the p &z meeting on the 21 st of April. I did not speak because of the late hour and quite frankly that is not my strong suit. I am not opposed to Central Market coming to Southlake. I do beleive it would work much better is Central Market backed up to the hospital instead of our residences. However, if it must go in it's proposed site we really need a solid wall 10' tall behind the drive the trucks will be using at all hours of the day and night. Also a berm behind our fenceline with the proposed trees on top would greatly enhance our site line and protect our propert values and quality of life. I extend an open invitation to anyone on planning and zoning, city council or H.E.B. to come to home and walk out back and look at this through actual eyes and not site plan or any artists rendering. Thank you for reading this, Mark Griffith 817 - 800 -4802 EC`0 APR 2 5 N05 Case No. ZA 05 -022 Attachment F Page 6 4- Property Owner Response Form Reference: ZA _ p / Z ( 2 Being the owner(s) of the property so noted, do hereby /appose ircle or underline one) the proposed rezoning of the above referenced property. Signature Date 1 EUD APR 2 LI 2005 Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 N \Community DevelopmentlWP- FILESTORMSIofficial petition.doc Case No. Attachment F ZA 05 -022 Page 7 Page 1 of i Lorrie Fletcher From: Lori Farwell Sent: Friday, April 29, 2005 10:29 AM To: 'MayorWambsganssaaol.com'; Place 1; Place 2; Place 3; Place 4; Place 5; Piece 6 Cc_ Ken Baker; Lorne Fletcher Subject: Zoning for Central Market development - ..-- - - - - -- -- . . ...... ...... _.._ From: _ Sent: Friday, April 29, 2005 10:28 AM Toe Lori Farwell Subject. Email sent from City of Southlake Web Site Nance: Thomas E. Drake Phone; Email: Comments: 1212 Westmont Drive Southlake, TX 76092 (817) 251 -$614 teddrake @aol.com Mayor, City of Southlake, Texas All Members of the City Council I am writing in opposition to the proposed rezoning for the Shops Of Southlake which will be on your agenda for your May 3 and 17 meetings. The S -P -2 with C -3 uses may or may not have been appropriate 10 -15 years ago but it clearly is not appropriate today. City of Southlake Zoning Ordinance Section 22, C -3 General Commercial District, paragraph 22.1 Purpose and Intent states in part: "This district is reserved for areas of adequate size and location so that its broad range of medium and higher intensity land uses will not cause or create nuisances to adjoining zoning districts- It is not anticipated that this district will be placed contiguous to or in direct proximity to residential zoning districts." This paragraph in and of itself would argue for zoning other that S -P -2 with C -3 uses. Additionally, their proposed site plan is overly onerous on adjacent homeowners. They ask for too many waivers or variances with no compensating accommodations to protect homeowner property values. Their screens and buffers, although exceeding minimums in some cases, are inadequate to properly separate these two zoning districts and, in fact, are considerable less that their proposal in 1999. Property values have always been of foremost importance in Southlake. I urge you to vote "No" on this proposal. I look forward to speaking on this subject at the upcoming City Council meetings. Thank you for your time. Sincerely, Thomas E. Drake 4/2912005 Case No. ZA 05 -022 Attachment F Page 8 Property Own r Response Form Reference. ZA &�S 75(Gci9Z Being the owner(s) of the property so noted, do hereby fiuqw ircle or underline one) the proposed rezoning of the above referenced property. 4Ji.�G Il Y . Z ,ZC Signature Date Return or Mail to: City of 5outhlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 ISi rvG , '.gT.S cr 2 v� . tw 7 37 14 1 s�- �a .�-� /fin -�r� � S ��.� -�.� Q "� 7� 5�Y��•�� NACommunity Development \WP- PTLESIFORMS\official petition.doc RXD 0 Case No. Attachment F ZA 05 -022 Page 9 Property Owner Response Form Reference: ZA 05 -0 ;'- 0-- Being the owner(s) of the property so noted, do hereby favor / oppose ircle or underline one) the proposed rezoning of the above referenced property. oqlz11'ftg Signature Date RECD APR 2 1 2005 Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommimity Deve lopment\WP- F1LESIFORMSIofficial petition.doc Case No. Attachment F ZA 05 -022 Page 10 Page t of 2 Lorrie Fletcher UJ t —{��„ oc) From: Lori Farwell Sent: Tuesday, May 03, 2005 1:34 PM To: MayorWambsganss @aol.com'; Place 1; Place 2; Place 3; Place 4; Place 5; Place 6 Cc: Lorne Fletcher Subject: Central Market development From: james_h_davis @bankone.com [ mailto :james_h_davis @bankone.com] Sent: Tuesday, May 03, 2005 1:27 PM To: citycouncil Subject: Email sent from City of Southlake Web Site Name: James Davis Phone: 817- 481 -2520 Email: james_li_davis@bankone.com Comments: 1 am submitting an opposition to land use request Cencor is requesting on the Carroll /1709 property. I hope to attend the meeting., but due to business demands I may not make it. Cencor has stated they wish to insert a high volume use facility. For several reasons and according to prior land use plans, that is an incorrect use of that area. The Land Use Plan of !998 stipulated that region was for Office Commercial. A specific retail site plan had been approved, but its purpose was superseded by the subsequent development of Town Square. When Cencor purchased the land, they declined the approved site plan as insufficient, it was not designed for high volume traffic. That plan was much like Town Square in design, and was is in accordance with plans for the Corridor Overlay Zone, that "FM 1709 is intended Lobe primarily a corridor of residential subdivisions, with some LOCAL SERVICE RETAIL.... ". Cencor specifically stated they wished Central Market to bring in non -local customers. That development belongs on rte 114. In other words, counter to prior usage plans, Cencor is trying to rewrite how we use this property. This is further inappropriate when looking at the Thoroughfare plan. Whites Chapel and Carroll North are designed to have the highest vehicle usage. Carroll South is planned to be a lower volume thoroughfare. An elementary school serving students, many of whom . walk across from their homes in Versailles, was certainly not intended to be astride a higher- density road. The school is not set back like other elementary schools, and certainly the circle at Continental is not designed for high traffic. The people of Cambridge will also affected as cut - through trafffic will only increase further. There are plans to expand FM 1709. But those plans did not include this as a high use property. Tried to turn at Carroll during peak shopping times? It is folly to consider putting a high use facility across from Town Square. There will be accidents, the casual attractiveness of the town side of Town Square will be replaced by the frenetic activities on the street and across it. 1 honestly fear Town Square being as attractive as it is. Given there is no president in plans for high traffic use, I refer to Section 32, regulations for an SP2 site. "City Council may impose any condition or restriction upon the use of the property.. as may be necessary to secure and protect..... adjoining property and the value thereof, including .... adequate flow of traffic." We purchased this house expecting offices, or at worst low traffic retail in a very Town Square type layout You cannot permit significant change to plans without ramifications to other zoning plans. And if you do pass this, please require the same protections to neighbors the last proposal offered. Oak trees will not dampen noise or prevent viewing. Last time they promised a wall and large, mature evergreens. We need significant noise abatement steps, and really much more buffering distance. Just so you know, I do try to personally commit to this community. 1 have coached kids in lacrosse and soccer (not my own child by the way) for 7 -8 years. I ran to 5!312005 Case No. Attachment F ZA 05 -022 Page 11 rage z or L participate in the high school Curriculum Committee. I am also unhappy at how this was presented. I read this had been agreed to in the paper. Clearly they are pre - selling the concept. Last time, I was officially informed of the variance request as a nearby homeowner, but this time I was not. Was due process properly followed? Central Market may be a nice business to have in Southlake, and if we are attactive, I am sure they will be happy to build in a more suitable location, like off 114. This is the wrong location and prior planners knew it. Please adhere to prior plans. Thank you for your attention, please protect Southlake by declining tocontribute to what is already becoming a major bottleneck at FM 1709. Jim Case No. Attachment F ZA 05 -022 Page 12 ti cor:I I:,. 11 a1 M5• `II ti I Iv : 1 ::,c d htilaw cottoff ils 111 1 I havc Am[ the Cellcor dev6opm*alrsanUkL Tlee l..:. II , °r•i� : 1r:ojll. I, dlr Gll�' ilil 11111 , it ' ]. 1'l > a F:It TY VALUES •CORD Md M oul :'�ti: -:, "..1 .:: ti' °ill'.. : h l',4i rrs? I °4} err:,° In 11th hark ya]d 2- TI F FIC ANALYSIS - Cwcc ' :' Mit r;.: 1rzfficar1.Il',A5 ;1 I I• I ::::t'td does nol wwatcly ief Mthe actual 11,10w ilrlvi bacawc i", doc , ..i r incc']p .:,: .:.l: i.°v floes° infMnat[.an fiotn ft nor Town CcOx dewlopntent 1 R GA Ml AY4 , - C'wEolI ive II b,:j°urhlake a!vd th rio suflf6ckntlp elrr re, with die prop Win ng boles k4) gel 111 a17r1 s°:I new dt elol;-':: I .r $p)}E'1'Y CONCEFN 0 1 - luTmwd tr flilu ILA i]]]s opmt F Will SIF:n]6Cd- IIjy 111c cul Ihr { ?,.: tt is through our rm�hborbood.. •Amend} people ruill up. fhr0u'ol1 our ncigllk:3r11 :tl {Jrl [IUVe] at siiccds 115 MPII in excem 01 lftc, poe+ gxnds eodcllrf e3 Mg mr child n err play°. This k�]lI ont y get worwe S kFETY CO 1 t'1,RN =F' - (.anuet 1]55t kw °:1111[14 hi�.li va[ume of ad[jitiofji1 eau,5 ;hat ]hill bepwing i.r.to ilic alca WD] have s]-Idfiwaii y CMi]ccd response lirr] [&I vt•]]icics (e.g. IMKII-130, Ciiiv and pol iiu) (. k`', OVERLAY A(A ST IE T All. PR{)PERTY - Concemnrr 1h01 the• M r krurl0 } alp sinst ae idti);�ol piolme - is a bad pivudml "7. fiCEU 0. O]'LEATIO.N - It is 1101 d c up t0 ]; °r sl � 'c]ac hcfti:I : 1 I , I If' �r 10 PM at n'�h( 9. D[ir''!. .IN A(ils - Dli7iil77; r 11: all t!tr :v oui lal:,.,. ° I 5yd t, :. ,, �IGTAT LINE - ( r)nccrn_•rl : :•.'III dry ti ,., i ° ° ., hint. ;::.:. ]l a z ihopi xb cea cl"clapmelit. Add I1'30rlallw, it W,13 sl tcd thi:rr I ,: ; I {° I.: ')'.I1141ng °•4ukil d I .y df fcu call; 25 fod tal t ban the larg- e5t trec 1hot CenDDr iv r :' I I :1 ° I:::}:tr.:i . ° ::4•[ AB US H °D S L ...: I.: BI'ST 1ESSES W1 1,1 • F .411, - Pl. -1 iag a �uallty V�Dd.::. °.ti Y35! Nli - A 11191} l II x,I ] tk ,,1r:0 10 �,rlkerltielly fall 1. .1111:; Ir~ t]T1Dr}' I CL'--LL S RU <11a d s :14' .:...' ° ° I , , wtnuus ]tadir]6 t o h gh iax 1 I . I , 4it4 pl 1 I jv,nir "Ica litly dif e: it fn jn the clarr ml I y ap11mvcd plan L�IId is �:ti . ::: .. °. • .I r. ,':II: i.n Il,u 20 PIU ] �- `BOISE F CfmcefaM iibow Ihr r 1 , , ; I ;':'. I ql..:. : , 1 °•, ; °: I ' .. i . D LIFE - Need to address t11c d:: glatiC nL I. I • i .'i e .I • i ;.,,• 1° Y'I °....:..,.:. i C,SS�11117 .,'! , �-r E:iL f am IalilnL' LIP:113W !T if l can assist L n ay. ll • � 1 • I..: t i I I. , .. I' .... I: , I • .•.I I .'. '( �:.�4 t I i 1 Y ° C 1, r 1 1) 845 4 rR %'� "1. PR 2 1 2.005 Case No. Attachment F ZA 05 -022 Page 13 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -454 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 7A, SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 29.13 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 LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Plan Case No. Attachment G ZA05 -022 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 ZA05 -022 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 Tract 7A, situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 29.13 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 limited "C- 3" General Commercial District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: Case No. Attachment G ZA05 -022 Page 3 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subj ect 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, Case No. Attachment G ZA05 -022 Page 4 affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall Case No. ZA05 -022 Attachment G Page 5 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 3 "' day of May, 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY Case No. ZA05 -022 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -022 Attachment G Page 7 EXHIBIT "A" Being Tract 7A, situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 29. 1 acres. OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT BEING all that certain lot, tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, and being a part of a 29.516 acre tract of land conveyed from W.E. Dalton and wife Dorothy L. Dalton, to South Carroll /1709, LTD., By deed recorded in Volume 13242 at Page 76 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a 112" iron rod found in the South right of way line of East Southlake Boulevard (130 foot right of way) for the Northeast corner of said 29.516 acre tract and also being the Northwest corner of Lot 1 in Block 1 of Garbutt Addition, an addition to the City of Southlake, Texas, according to the plat thereof recorded in Volume 388 -156 at Page 12 of the Plat Records of Tarrant County, Texas; THENCE South 0' 13' 20" West along the West line of said Lot 1 in Block 1 of the Gorbutt Addition for a distance of 95930 feet to a 1/2" iron rod found for the the Southeast corner of said 29.516 acre tract and also being the Southwest corner of said Lot 1 in Block 1 of the Garbutt Addition, and being in the North line of Lot 8 in Block 1 of Oak Hill Estates, an addition to the City of Southlake, Texos, according to the plat thereof recorded in Cabinet ° ,4' at Slide 2122 of the Plat Records of Tarrant County, Texas; THENCE North 88 36' 13" West (Basis of Bearings per deed recorded in Volume 13242 at Page 76 of the Deed Records of Tarrant County, Texas) along the North line of said Oak Hill Estates Addition for a distance of 1317.20 feet to a 1/2' iron rod found in the East right of way line of South Carroll Avenue (54 foot right of way); THENCE North 0° 02' 50" West along he East right of way line of South Carroll Avenue for a distance of 462.54 feet to a 1/2" iron rod found for corner, said point being the beginning of a curve to the left having c central angle of 05' 49' 42" with a radius of 835.00 feet and a chord bearing North 02' 57' 58" West at a distance of 84.90 feet; THENCE Northwesterly along said curve to the left and continuing along the East right of way line of said South Carroll Avenue for a distance of 84.94 feet to a 1/2' iron rod found for corner and being the beginning of a curve to the right having a central angle of 03' 45' 22" with ❑ radius of 765.00 feet and a chord bearing North 04' 00' 08 West at a distance of 50.14 feet; THENCE Northwesterly along said curve to the left and continuing to follow along the East right of way line of said South Carroll Avenue for a distance of 50.15 feet to a 1/2" iron rod found for corner; THENCE Notch 0' 03' 09" West and continuing along the East right of way line of said South Carroll Avenue for a distance of 352.01 feet to a 112" iron rod found for the cutoff line for the aforesaid East Southake Boulevard; THENCE North 45 38' 51" East along said cutoff line for East Southlake Boulevard for a distance of 13.97 feet to a 1/2" iron rod found for corner in the South right of way line of East Southake Boulevard; THENCE South 88' 37' 53" East along the South right of way line of said East Southlake Boulevard for a distance of 1319.51 feet to the POINT OF BEGINNING AND CONTAINING 29.1279 ACRES OF LAND, more or less. 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