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Item 7DCity of Southlake Department of Planning STAFF REPORT July 13, 2005 CASE NO ZA05 -025 PROJECT: Zoning Change and Site Plan for proposed Lot 12, Miracle Pointe REQUEST: On behalf of J.F. and Melisa Denis, Miracle Pointe Development is requesting approval of a zoning change and site plan from "I -1" Light Industrial District to "S- P -1" Detailed Site Plan District with "O -1" Office District uses. The plan proposes the use of the existing 6,250 square foot building for office related uses. The "S -P -1" zoning generally adheres to the "O -1" Office District uses and regulations with the following exceptions: • The permitted uses will be for business and /or professional nature offices providing services (similar to Accounting and tax services, Real Estate developer, Architecture, Business corporate headquarters, Investment services, Computer and Management services, Engineering and the like); • The building shall have a maximum of 1,000 square feet used for office space; • The remaining area of the building (5,250 square feet) shall be used for storage and limited to office and household use products only; • Building shall not be subdivided into individual lease or tenant spaces; • The required setback from the west property line shall be ten (10) feet; • A 6 -foot screening device shall be provided on all sides adjacentto residential properties and as shown on the site plan; • The maximum number of parking spaces shall be 8 spaces; • The building shall be exempt from fagade articulation requirements; • Synthetic stucco shall be a permitted masonry material for up to 100% of the building. ACTION NEEDED: 1. Conduct public hearing ATTACHMENTS STAFF CONTACT 2. Consider second reading for zoning change and site plan approval (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary No. 3, dated June 3, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -460 (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -025 BACKGROUND INFORMATION OWNER: J.F. and Melisa Denis APPLICANT: Miracle Pointe Development PROPERTY SITUATION: 2200 Crooked Lane LEGAL DESCRIPTION: A portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "I -1" Light Industrial District REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: -City Council approved a zoning change from "AG" Agricultural District to "F" Light Industrial on July 6, 1971. -A site plan for Pumpco Truck Storage and Repair was approved in 1985, permitted under Zoning Ordinance No. 261. -The "I -1" Light Industrial zoning district was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan does not make any recommendation for the adjacent roadway. Existinz Area Road Network and Conditions The proposed office building will have one (1) access directly onto Miracle Pointe Court. The drive lane will be a common access easement that provides access to proposed Lot 13 of the subdivision. Crooked Lane is a two -lane, undivided thoroughfare. The capacity of the existing roadway is approximately 8,400 vehicle trips per day. Under this condition, the roadway would be considered to operate under a level of service `D'. Completion of this development will add approximately 72 vehicle trips per day to this section of Crooked Lane, bringing it to 3,628 vehicle trips per day. Case No. Attachment A ZA05 -025 Page 1 May, 2004 traffic counts on Crooked Lane (between S. Kimball Ave & E. Continental Blvd 24hr North Bound NB 1,806) South Bound (SB) (1,750 NB Peak A.M. 227 8 — 9 a.m. Peak P.M. 197 3 — 4 p.m. SB Peak A.M. 223 8 — 9 a.m. Peak P.M. 190 3 — 4 p.m. PATHWAYS MASTER PLAN: WATER & SEWER Traffic Impact *Vehicle Trips Per Day *The AM /PM times represent the number of vehicle trips generated during the peak travel times for a weekday on Crooked Lane. Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM OUT Single Tenant Office 6,250 72 10 1 2 9 The Southlake Pathways Master Plan recommends an on- street bikeway along Crooked Lane adjacent to this development. The developer will upgrade the existing 6" water line in Crooked Lane to an 8" line. An 8" line will be extended onsite to serve the proposed lots. Onsite sewer will be extended from the east to serve this site. TREE PRESERVATION: The only existing trees that are indicted to be removed for the development of the subdivision are within the right -of -way of Miracle Pointe Court. Both the Sewer and the water lines are proposed within the right -of -way. Storm drains are proposed in both the southwest corner and northwest corner of the development but should only affect two (2) existing trees in southwest portion of the west property line. DRAINAGE ANALYSIS: Approximately 2.6 acres of this site will drain to existing inlets in Cambridge Place Addition. The drainage system in Cambridge Place has been designed to handle the post development runoff from this property. Three acres will drain to the north and the remaining portion of the site will drain to Crooked Lane. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Westside study area to include the following changes: Land Use Recommendations • Underlying land use designation to Medium Density Residential. Mobility Plan Recommendations • Develop an interconnected system of trails and sidewalks along all streets to maximize pedestrian connectivity from neighborhoods to shopping and employment areas. Environmental Resource Protection Recommendations Case No. Attachment A ZA05 -025 Page 2 • Preserve existing tree buffers adjacent to neighborhoods. P &Z ACTION: June 9, 2005; Approved (7 -0) subject to Site Plan Review Summary No. 3, dated June 3, 2005, with the following stipulations: • specifically noting that no trash dumpster and enclosure are shown on the site; • the impervious coverage of the area is 44 %; • subjecting the zoning to the list of proposed permitted uses and development regulations submitted and labeled as Attachment C, Page 5, of the staff report, with the following changes: • the property as permitted will be limited to the 0-1 Office District use that allows business corporate headquarters when used for office purposes only; • the required number of parking spaces for the site shall be limited to 8; • and, the allowable storage in the storage area in the facility will be limited to household and office related type storage items only. COUNCIL ACTION: June 21, 2005; Approved first reading (6 -0) subject to Site Plan Review Summary No. 3, dated June 3, 2005; • the recommendations of the Planning and Zoning Commission; • fence to end at the building line; • uses and regulations as presented; • screen building with plant material; • and provide a wrought iron gate at the entry. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated June 3, 2005. M \Community Development \MEMO \2005cases \05- 025ZSP.doc Case No. Attachment A ZA05 -025 Page 3 Vicinity Map Portion of Tract 6K1, J. H. Freeman Survey, Abst. 529 Rn pi l ls Case No. ZA05 -025 Attachment B Page 1 1000 0 1000 2000 3000 Feet o� 00 N r� i A Q =' V I xi S1FPC ym 6 Na9'91'23'E 239.54' I - - -- -- § $ Paco I 2 I SCALE: i" = NI LOT 12 n LOT 9 RI ,Pi F� o- iimm,c YI I� I j3 I -�• • 1430 I � .: i >.. � vex. •. rs LOT 13 I I �eA �I -4 u'm rna�a �° I _ I I N55'25'18E 1 . ITFY,�b�. xe u MIRACLE POINTECOURT LOT 1 C F I daaim SF -xA iacic T��nmd..rnr r I —y=am m. SITE DATA SUMMARY BUFFER YARD SUMMARY CHART mmx ate/ u5cw �"'� eva �. a,rz/9sm«5'. xx.uo i.n w'�n irP �C - x F 90a FlOR. xT i>-16 f 6 YJO]RME a -IS n-af C mm Oxi LANDSCAPE EXCLUSIVE OF BUFFERYARDS {SU ] e rtan w[rs Fess i� nl Im rl_I w w °. � F�.uFMIC P �� rciwue,.1 otiMrc1{a5 &nbxC�f -[ P au.T F w uvmnru a ms niF 5rtE uun 14• LWPFA ur0 50 Wn a5 .• x uu,Pm. Sres F waw.sPwx m wc�w e�ws" .. .s rw. Ps artiroon ro iNF sre x - �anM�. ar mas .0 xeeunm m aF s uoewu � e w Nocm wv, n.uim. 1. �E Ta xE ..u.mwm w crewFnurr_ . ,u vvmwus Afiers a�5x>w swaEn s_ u� slusmt .wo /ox uN.. =sim aansew€ xu ae Rearnm nue€E -wrr 9E RawW2 TO veil LL STOP 9d15 WttI K fir SSL21 s. nn aP saunflnr wu, u[ usm wrnc soss CAad�1F WSbN dOON® IANE 1e4L 9[ RTeHPFO TO IK [m — ' C� , G+EIF ACn�se d[oox[n twx[ 3xF d5FNMGf Of PdYSf OErftAPNtN, M4 WA xAK ew Sm.its[ nwanT 00 oOxvmEw PnOVFn,xs xu0 um ixE exeusoxs a - _ . nue¢ rm. eOS Ii, we Tc iNC L.^�F ttxOltafOAnOx, OunnwO sxtii OS tuF �.awrFxhFU. CASE NO. ZA 05 -025 SITE PLAN ' LOT 12 MffiACLE POPRE JOHN N. FAFFHAN S:R A951RACT NO. 529 OiY OF 5WiHLV(E TARRANT fdMiY. TEXAS DJ R B�aa el o caysuru r@ bxtlElt: E1Gifff6 SLII4EYC85 LVb auFEre 22 E h MELSA A OE)NS ,gos.®a.. m,.m S.m i.m ,Y@ �` WAY �/ f� �}I� I�-y 2]n sPwNCxiu bRrrt APEM E. M� 76051 �/ J 1YI11 k G d L1�aJ P_L_ (214) 40 2451 r- (114) 810 -4Pa1 �.— \ 1 Front Elevation Side Elevation (East) Case No. ZA05 -025 Attachment C Page 2 Rear Elevation Case No. ZA05 -025 Attachment C Page 3 Front Elevation Southwest Corner Case No. ZA05 -025 Attachment C Page 4 May 23, 2005 City of Southlake Planning and Zoning Southlake, Texas Re: Miracle Pointe Proposed Permitted Uses and Development Regulations for SPI Zoning Permitted Uses This property is ideally located to create a transitional area between commercial and residential development. This property shall be subject to the permitted uses found in the "O -1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended with the following modifications: The permitted uses shall be limited to business and /or professional nature offices providing services (similar to Accounting and tax services, Real Estate developer, Architecture, Business corporate headquarters, Investment services, Computer and Management services, Engineering and the like). Development Regulations This property shall be subject to the development regulations for the "O -1" Office District, and all other applicable regulations with the following exceptions: The building shall have a maximum of 1,000 square feet used for office space. The remaining area of the building (5,250 square feet) shall be used for storage and limited to office and household use products only. Building shall not be subdivided into individual lease or tenant spaces; Side Yard Setback: On the West side of the building on Lot 12, the required setback shall be a ten (10) feet side yard. Screening: A 6' screening devise (i.e., fence) shall be provided on all sides of Lot 12 adjacent to residential properties, as shown on the site plan. - spaees. Parking: The required number of parking spaces for the site shall be 8 spaces. The building on lot 12 will be within 400 feet of single family residential properties. In addition to the development regulations applicable to the zoning district "O 1 ", the development regulations in Section 43, Part III Residential Adjacency Standards, shall also apply except for the following: Case No. Attachment C ZA05 -025 Page 5 Facade Articulation: The existing building is 18.5' in height and 125' in length. The facade of the building is flat for the entire length of the building. • Masonry: Synthetic stucco shall be a permitted masonry material for up to 100% of the building. Case No. ZA05 -025 Attachment C Page 6 Safeguard of trees: a. We will present multiple options for the layout of the street to confirm the optimal solution. b. We will move the North/South street 6 feet to the East. c. The location of the North/South street was selected to minimize the grading and drainage issues for the back lots therefore to minimize tree damage or loss due to changes in elevation. d. Grading for the street will be kept to a minimum as per the city guidelines to help the surrounding trees. e. We will offer to plant trees for each lot sold. f. We will move the utilities and the drainage system to minimize damage to trees. 2. S -P -1 zoning for lot 12: a. S -P -1 is the most restrictive zoning. b. There is a maximum of 1,000 sq feet office space. c. There is a maximum of 8 parking spaces. d. Building shall not be subdivided into individual lease or tenant spaces; e. We will limit the 5,250 sq feet storage in the building to office and household use. We will prevent storage of commercially hazardous products. f. The use of the building will be limited to: i. The main use will be for business and /or professional nature providing services (similar to Accounting and tax services, Real Estate developer, Architecture, Business corporate headquarters, Investment services, Computer and Management services, Engineering and the like) ii. Excluding the retail sale, banking, fabrication, manufacture or production of goods or merchandise. Drainage. a. We will be flexible in placing the drainage system to minimize the impact on the trees while maintaining its effectiveness. b. The propose drainage system will drastically reduce the current surface runoff on the south and the west boundaries. 4. Water pipe improvement: a. Reimbursement from the City -water pipe improvement from 6' to 8' from Kimball extension to Miracle Pointe. Case No. ZA05 -025 Attachment C Page 7 SITE PLAN REVIEW SUMMARY Case No.: ZA05 -025 Review No.: Three Date of Review: 06/03/05 ect Name: Site Plan — Lot 12, Miracle Pointe APPLICANT: Jean F. & Melisa A. Denis 2741 Springhill Dr Grapevine, TX 76051 Phone: (214) 840 -2451 Fax: (214) 840 -2051 ARCHITECT: JDJR Engineers and Consultants Jim Dewey 2500 Texas Dr, Suite 100 Irving, TX 75062 Phone: (972) 252 -5357 Fax: (972) 252 -8958 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/23/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. Show the location of trash dumpster and enclosure. Enclosure must be minimum 8' masonry screen similar to principal structure with a metal gate. Dumpster pad and enclosure does not have to be constructed unless trash pickup demand warrants the need for one. 2. Show the approximate 65 LDN contour line. INFORMATIONAL COMMENTS * The subject property must comply with the City of Southlake Drainage Ordinance No. 605, as amended. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "O -1" Zoning District. The impervious coverage area percentage of this is approximately 44 %. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that a portion of this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment D ZA05 -025 Page 1 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 05 -024 Date of Review: May 12, 2005 Number of Pages: 1 Project Name: Miracle Pointe (Zoning / Concept Plan) 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) 748 -8229. TREE PRESERVATION COMMENTS: The only existing trees that are indicted to be removed for the development of the subdivision are within the right -of -way of Miracle Pointe Court. Both the Sewer and the water lines are proposed within the right -of -way. Storm drains are proposed in both the southwest corner and northwest corner of the development but should only affect two (2) existing trees in southwest portion of the west property line. Residential subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R. OW. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection 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 Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. ZA05 -025 Attachment D Page 2 COMPREHENSIVE PLAN REVIEW SUMMARY Case No.: ZA05 -024 Review No.: One Date of Review: 5/12/05 ect Name: Miracle Pointe APPLICANT: ENGINEER: Miracle Pointe Development JDJR Engineers and Consultants CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/28/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT JaN- Narayana AT (817) 748 -8070. Land Use Plan Recommendations Land Use: Medium Density Residential Site Specific Recommendations No site specific recommendations affecting this development. Mobility Plan Recommendations Develop an interconnected system of trails and sidewalks along all streets to maximize pedestrian connectivity from neighborhoods to shopping and employment areas. Case No. ZA05 -025 Attachment D Page 3 Environmental Resource Protection Recommendations • Preserve existing tree buffers adjacent to neighborhoods. Other Comprehensive Plan Element Recommendations No significant recommendations affecting this development. Case No. ZA05 -025 Attachment D Page 4 Owner Zoning Land Use Acrea 1. Denis, Jean & Melisa I -1 Industrial 8.000 2. Lee, K Wayne I -1 Industrial 0.684 3. Memo International, Inc. "AG ", Medium Density Resid. 5.686 " I -1" & Indstrial 4. Ramsour, Donald M Est "AG" Medium Density Resid. 2.000 5. Nicastro, David & Marian 0-1 Medium Density Resid. 1.060 6. St John's Baptist Church Gp "CS" Industrial 14.070 Case No. Attachment E ZA05 -025 Page I Surrounding Property Owner Proposed Lot 12, Miracle Point Surrounding Property Owner Responses Proposed Lots 12, Miracle Point Notices Sent: Six (6) Response: One (1) from within the 200' notification area. Adel M. Elborai, President of Memo International Inc., 722 S. Kimball Ave. Southlake, 76092; opposed. See attached property owner response form received 6 -3 -05. See attached letter received on 6 -21 -05 withdrawing previous objections. Response: None (0) from outside the 200' notification area. Case No. ZA05 -025 Attachment F Page 1 Property Owner Response Form Reference: ZA 6 S— 0 P, 5 �a He w 6 Tmleyom&lf 722 Being the owner(s) of the property so noted, do hereby favor /oppose (circle or underline one) the proposed rezoning of the above referenced p y. Z42�L-'_- '��Yp C"3 /0 Signature - Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 5outhlake, Texas 75092 ZfI REG JU 093 2005 N;IOonimunity Development \WP- FILESIFORMSIofficial petition.doe Case No. Attachment F ZA05 -025 Page 2 LAw OFFICE OF W. MICHAEL CLAY ATTORNEY AND COUNSMOR AT LAW Bus. 9721401 -1030 6565 N. MAcNrrmuR B LVD. SurrE 140 IRamr ,,, TX 75039 FAx: 9721401 -270I .Tune 17, 2005 City of Southlake Planning Dept. 1400 Main St., Ste 310 Southlake, TX 76092 Re: ZA05 -024, ZA05 -025 and ZA05 -026 Dear Sir or Madam: On behalf of my client, Memo International, Inc., we withdraw our previous objections to these cases. Thank you for all your efforts regarding these cases and for taking into account our concerns in the location of Miracle Point Court as it abuts our property. Sincerely, W. Michael Clay Cc Mr. Adel Elborai Mr. and Mrs, Jean Denis RECD J U N 2 .1. 2015 ZA45 - 024 --� Case No. Attachment F ZA05 -025 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -460 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 6K1, SITUATED IN THE J.H. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 0.914 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I -1" LIGHT INDUSTRIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "I -1" Light Industrial District Case No. Attachment G ZA05 -025 Page 1 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 Case No. Attachment G ZA05 -025 Page 2 was 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 a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately 0.914 acres, and more fully and completely described in Exhibit "A" from "I- 1" Light Industrial District to "S -P -1" Detailed Site Plan District with "O -1" Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: Case No. ZA05 -025 Attachment G Page 3 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be 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 -025 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 Case No. ZA05 -025 Attachment G Page 5 shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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. ZA05 -025 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -025 Attachment G Page 7 EXHIBIT "A" Being a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately 0.914 acres: LEGAL DESCRIPTION BEING a tract of land situated in the JOHN H. FREEMAN SURVEY, ABSTRACT NO. 529, City of outhlake, Tarrant County, Texas, according to the deed recorded in Volume 15668, Page 220, Deets Records, Tarrant County, Texas and being mare particularly described as follows, BEGINNING at a point in the south line of a tract of land describers in deed to Wayne K. Lee, recorded in Volume 7953, Pace 2209, Deed Records , Tarrant County, Texas; THENCE, north 89 degrees 01 minutes 23 seconds east with the south line of said Lee tract a distance of 239.54 feet to a 1 /2 inch iron rod found with a plastic stamped L'JDJR" in the west line of Lot 1, Block A, Entek Addition, an addition to the City of Bouthlake, Tarrant County, Texas, according to the plat recorded in Volume 308-206, Page 15, Plat Records, Tarrant County, Texas, THENCE, south 00 degrees 01 minute 14 seconds west with said west line of Lost 1, Black A, Entek Addition, a distance of 135,92 feet to a point for comer; THENCE, south 00 degrees 58 minutes 37 seconds east a distance of 164.23 feet to a point for corner; THENCE, north 89 degrees 58 minutes 46 seconds west a distance of 10.00 feet to a point for corner; THENCE, along a curve to the right with a radius of 100.00 feet a distance of 45.12 feet to a point for a corner; THENCE, along a curve to the right with a radius of 150.00 feet a distance of 5.76 feet to a point for a corner; THENCE, north 56 degrees 25 minutes 18 seconds east a distance of 16.16 feet to a point for corner; THENCE, north 00 degrees 58 minukes 37 seconds west a distance of 273.02 feet to the PLACE OF BEGINNING_ Containing a computed area of 39,796 square feet or 0.914 acres of land. Case No. ZA05 -025 Attachment G Page 8 o� 00 N v, I Q � � G� z LAf 4 re. • C -�r r � � P sW N89 zns , SCALE 1' r ]o' RECD} MAY 2 2 2005 �$ mars ur2� m � sR tK rrlluUfr rnsanwd a6rFPP a two rµn rW s3 YIOna�B�r �r mL �man5�+r& Alma Pn wlrAri ro9�+yPC[R r[ � w cteu. „ s rriwrr nax %aarArym'4 r Ma �s k'tVNI w�50f N61 a w. +r�.a rw r va.,r ].L.rm • nnnm. ar- n. raa L..asre�oewws .r. R r.vgo ,vsror .rL r anr�m w »raL s,n sam � mnc."m � ir�inla r r�..awK �w erle rr nnW ycrw +rpw uatrm rwc yL rt moam ee n [naa Is sra m is wt romn+xa wsro a+.... rc rsa rr�enm CASE NO, 2A 05-025 SM PLAN - COT 12 MACLE POKM aw n. r "v sr ryr - rra. rn o Lwx ] xw F I m es P cwaweS PLa.s. rswr F � ( t 1 , Ml Fat []ta1 i10 - }y.P ■l'Jto u• r ,` May 23, 2005 City of Southlake Planning and Zoning Southlake, Texas Re: Miracle Pointe Proposed Permitted Uses and Development Regulations for SP1 Zoning Permitted Uses This property is ideally located to create a transitional area between commercial and residential development. This property shall include all of the permitted uses as found in the "O -1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. The main use will be for a maximum 1,000 square feet of business and /or professional nature office space and 5,250 square feet of storage for non - hazardous, non - noxious materials. Development Regulations This property shall be subject to the development regulations for the "O -1" Office District, and all other applicable regulations with the following exceptions: Side Yard Setback: On the West side of the building on Lot 12, the required setback shall be a ten (10) feet side yard. Screening: A 6' screening devise (i.e., fence) shall be provided on all sides of Lot 12 adjacent to residential properties, as shown on the site plan. Parking: The required number of parking spaces for the site shall be 13 spaces. The building on lot 12 will be within 400 feet of single family residential properties. In addition to the development regulations applicable to the zoning district "O1 ", the development regulations in Section 43, Part III Residential Adjacency Standards, shall also apply except for the following: Facade Articulation: The existing building is 18.5' in height and 125' in length. The fagade of the building is flat for the entire length of the building. • Masonry: Synthetic stucco shall be a permitted masonry material for up to 100% of the building. Case No. Attachment G ZA05 -025 Page 10