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Item 7A
City of Southlake Department of Planning STAFF REPORT August 10, 2005 CASE NO ZA05 -012 PROJECT: Zoning Change and Site Plan for White Chapel Plaza Office Park REQUEST: Wayne Lee and Terry Horton are requesting approval of a zoning change and site plan from "S -P -1" Detailed Site Plan with "O -1" Office District uses to "S -P -1" Detailed Site Plan with "O -1" Office District uses. The purpose of this request is to modify the development regulations to allow subdivision of each building pad site into individual lots for sale. All improvements exist. The "S -P -1" zoning generally adheres to the "O -1" Office District uses and regulations with the following exceptions: • The setbacks along the perimeter boundary shall be as shown on the Site Plan. • The maximum impervious coverage shall not exceed 65.1% of the total lot area; however, individual lots shall not exceed 76.5 %. • Setbacks between Lots 13R1 & 13R2 and between Lots 13R4 & 13R5 shall be 10 feet. • Setbacks between Lots 13R2 & 13R3 and between Lots 13R3 & 13R4 shall be 4.26 feet. • Bufferyards along interior lot lines shall not be required. • Parking required for the site shall be 94 spaces. A variance to the minimum right -of -way width is being requested. The required street right -of -way width for a commercial development is sixty (60) feet. The applicant is proposing a private street and is requesting a right -of -way width of twenty -four (24) feet. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change and site plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Revised Site Plan Review Summary No. 3, dated July 27, 2005 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -424a Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -012 BACKGROUND INFORMATION OWNERS /APPLICANTS: Wayne Lee and Terry Horton PROPERTY SITUATION: 1310N. White Chapel Boulevard LEGAL DESCRIPTION: Lot 13, T.M. Hood No. 706 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S -P -1" Detailed Site Plan District with "O -1" Office District uses REQUESTED ZONING: "S -P -1" Detailed Site Plan District with "O -1" Office District uses HISTORY: -City Council approved the zoning and a site plan for the Alzheimer's personal care facility on March 3, 1999. -A Plat Showing for the property was approved by the City of Southlake on December 31, 1998. -City Council approved the zoning and a site plan to "S -P -1" with "O -1" uses on September 16, 2003. TRANSPORTATION ASSESSMENT: Master Thorou,hfrtre Plan The Master Thoroughfare Plan recommends N. White Chapel Boulevard to be a 5 -lane, undivided arterial street with 94' of right -of -way. Adequate right -of -way exists for this roadway. E.zistinm Area Road Network and Conditions The proposed site will have one (1) access directly onto N. White Chapel Boulevard. The applicant is proposing the main drive lanes be a private street with twenty -four (24) feet of right -of -way and pavement width. A common access stub -out has been provided to the property to the north for future access to Countryside Court. N. White Chapel Boulevard is currently a 2 -lane, undivided roadway. 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 303 vehicle trips per day to this section of N. White Chapel Boulevard, bringing it to 8,842 vehicle trips per day. Case No. Attachment A ZA05 -012 Page 1 May, 2004 traffic counts on N. White Chapel Blvd (between Highland Ave and S.H. 114 24hr North Bound NB 3,712) South Bound (SB) (4,827) NB Peak A.M. 423 8 — 9 a.m. Peak P.M. 326 3 — 4 p.m. SB Peak A.M. 319 7 — 8 a.m. Peak P.M. 570 5 — 6 p.m. PATHWAYS MASTER PLAN: Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT General Office 27,494 303 38 5 7 34 *Vehicle Trips Per Day * *The AM/PM times represent the estimated number of vehicle trips generated during the peak travel times on N. White Chapel Blvd. The Southlake Pathways Master Plan recommends an 8 -foot, paved multi -use trail along the west side of N. White Chapel Boulevard. The trail is shown on the site plan. WATER & SEWER: A 12" water line currently exists along the west side of N. White Chapel Blvd. An 8" sanitary sewer line exists along the west side of N. White Chapel as well. TREE PRESERVATION: The utility, building and pavement construction is complete. The required landscape material is soon to be installed. The Planning and Zoning Commission approved this item subject to mitigation of trees shown to be preserved on the original plan. Staff re- visited the site and has re- confirmed that all trees subject to mitigation have been properly mitigated by payment of fees to the City's reforestation fund. The original zoning and site plan stipulates that the required number of canopy trees for the bufferyard along N. White Chapel be doubled. This plan reflects that requirement. Staff will insure that the landscaping will be properly installed. PAVEMENT ANALYSIS: The developer has provided sufficient evidence of pavement strength and thickness that the existing construction is acceptable to be classified as a private street built to City Standards. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the State Highway 114 study area to include the following changes: Land Use Recommendations • Land Use: Office Commercial. Mobility Plan Recommendations Case No. Attachment A ZA05 -012 Page 2 • Encourage automobile and pedestrian connectivity between adjoining commercial developments in the corridor. This in turn will reduce auto trips and turning movements on the arterial roadways and improve level of service. • Continue to improve bicycle and pedestrian circulation throughout the study area. Environmental Resource Protection Recommendations • Identify and protect significant wooded areas in the corridor. P &Z ACTION: July 21, 2005; Approved (6 -0) subject to Site Plan Review Summary No. 3, dated July 15, 2005, with the following stipulations: • granting a variance for right -of -way width; • recognizing the owner's association is to be established to address street & trash enclosure maintenance, cross access, and reciprocal parking; • subject to tree mitigation for trees removed that were shown /committed to be preserved in the original plan and in accordance with the Tree Preservation Ordinance. COUNCIL ACTION: August 2, 2005; Approved first reading (6 -0) subject to Revised Site Plan Summary No. 3, dated July 27, 2005 and the recommendations of the Planning and Zoning Commission with the following amendments; • allowing the applicant to replace the required eight foot masonry fence along the south property line with a two foot rock wall topped with a four foot wrought iron fence and with seven foot tall stone columns placed every 30 feet; • and providing a landscape plan with types of plantings prior to the second reading. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated July 27, 2005. M \Coimnunity Development \MEMO \2005cases \05- 012ZSP.doc Case No. ZA05 -012 Attachment A Page 3 Vicinity Map Lots 13, T.M. Hood No. 1310 White Chapel Case No. ZA05 -012 E 706 Add., Blvd. Attachment B Page 1 1000 0 1000 2000 3000 Feet o� 00 N I t7 b � CfQ � t e 0. t � , I I LOT 9R1, eLaxi w, j A. z,xo v1 (wo- avriaftoxl�) I-LO��E2R3— 1) + i, R.R.rc r �` a -arnrc (wo-ai'�/s wl a _____.e _____ � ____ Vi a,. •.. �,. c3 Np.P 9 E I {.- >: --ei -:-:- -' -4 .I. -. ' # �� r.: cgAPXIC SCALE: 1 IN w LOT 13 -R2 IXRANCE , s?E 3 - ]ITaANfEk 6 • A _ - E LOT 13 -R7 ' b FglRwY fF �'TPF3 E°>ivAUC ` rd - "- SCtnNLNfF FLW. - �' � ' � � +•' -��. n s � � : N � a I R u BFRwwo r/Y em rb ry.a tll,� h, M anTM « w ..w « F a N xAA2 EYYf IRPFra � � ' i I � Fv rw�� � • ar «su xw m waxy � .vxMyumr «wra ®u ®.T.,m'a ui/e• N[ -- --------- - - - - -- _ _ �... _ -. _.... b i�3 i I 1 � � � fACATfON MAP A`f1__ i _ _ -` 1 - E9 - -. - Tfi .rtl L _ Mp �-- n I � # �� - _,� • tr SCtnNLNfF FLW. qq - u PEA A�r�1 a F>r T1nE +'° rwE a / S l LOT 13 - LOTy43 -R5 / �.. ..xyx, fa SITE PLAN FOR S -P -i - - - - - - 7 OFFICE FAOUITIES .. ::.....:..•.•....• u• 5 WHITE CHAPEL PLAZA :.:.'..: ,......: -:. .:.: FFICE PARK AN OFFICE FAVUTY �NAROJW3E W 373.00 ; 8 wM .+wO E —107£ w. u1TZ. Fc 1asT. �o1N At Ac (wwuvn n Y waem awAaw> "`"L: w a-u w .da 1 f� w fsnt a•e. s.unr _ _ we A na LOTS iJ-Rt, 13-82. T3.-R3, 13 -R4 " t5-R8 � T.M. NOW 0 706 A➢OITION 5 LDT5 � »w.l�a aeua x.J °xS0 «Ns+v a. w3.ue« nNiw eo .-a vAiu .. wAsmm +m rns TARRANT VNTY. TEXAS C17Y OF SWiHGI(E W PREPARO) Ff6WARY 1& 2WS ON "« >a rnear k :larn:�>Aw x , R�o M a (e/h.� tmo x, V9W m $TA — �.M , r. 4:� , me ro (M•+ a � ' 1EGJ - l + zala�atraar<. Rw.Y1Fe�. - GeFR — 11RUSr vll V ©qU LIQ2 II I � qwM " V u E>„.'hE.R',°",a,,° a� "n' cvl� v lzesf, ac zxa MWER: we.ua o,R.T.aT. m� ss ss Ac (u,R -luw orxaTr RE9hlvTAt) a r wawa WAYNE LEE TERRY HORTON 7 OO N. GAAROLL STREET. STE. SOUTHLANE, TEXAS 78092 E11pt1eera Surveyors Rsnrlere 120 PL BeA =W, F x T 7 ( F AX Waft wzaA 113 841'AIH9C8 F (571 Oqe -Og2p n:"°"9 nd'm°"m .,, v wwn aen ZA05 -012 �-- n LEGAL DESCRIPTION Proposed Lots 13 -R1 to 13 -R5 T.M. Hood # 706 Addition City of Southlake, Texas BEING all of Lot 13, T.M. Hood #706 Addition, an addition to the City of Saginaw, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records of Tarrant County, Texas: BEGINNING at a 3/8" iron rod found for corner being the southwest corner of Lot 1, Block B, Ravenaux Village according to the plat recorded in Volume 388 -213, Page 31, P.R.T.C.T. THENCE, North 90 degrees 00 minutes 00 seconds East, along the south line of said Lot 1, Block B, 373.00 feet to a 112" iron rod found for corner, being in the existing west right -of -way line of North White Chapel Blvd. (94.0' right -of -way); THENCE, South 00 degrees 01 minutes 41 seconds West, along the existing west right - of -way line of said North White Chapel Blvd., 315.53 feet to a 112" iron rod found for corner, being in the north line of a tract of land conveyed to William W. Rucker and Zena Rucker, Trustees of the William W. Rucker and Zena Rucker Family Trust according to the deed recorded in Volume 12591, Page 2263, D.R.T.C.T.; THENCE, South 89 degrees 58 minutes 59 seconds West, along the north line of SAID Zucker tract, at 137.35 feet passing a 314" iron rod being the northwest corner of said Zucker tract and the northeast corner of a tract of land conveyed to Marquerite E. Woolley according to the deed recorded in Volume 12172, Page 1957, D.R.T.C.`I'. and continuing in all a distance of 373.00 feet to a 112" iron rod found for corner, being the southeast corner of Lot 2R1, Block B, Ravenaux Village, according to the plat recorded in Cabinet A, Slide 2120, Plat Records of Tarrant County, Texas; THENCE, North 00 degrees 01 minutes 41 seconds East, along the east line of said Lot 2R1, Block B, 315.64 feet to the POINT OF BEGINNING. The tract of land herein described contains 3.043 acres of land. Case No. ZA05 -012 Attachment C Page 2 WHITE CHAPEL PLAZA OFFICE PARK PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS FOR S-P -1 ZONING Permitted Uses This site shall permit all "O1" Office District uses according to the Comprehensive Zoning Ordinance No. 480, Section 18, as amended. Accessory Uses In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Regulations This site shall adhere to the development regulations of Section 18, the "O -1" Office District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: • Setbacks along the perimeter site boundary, as shown on the Site Plan. • Maximum Impervious Coverage The maximum impervious coverage shall not exceed sixty -five and 1 /10 percent (65.1%) of the total lot area, however, individual lots shall not exceed 76.5°/x. • Setbacks between Lots 13R4 and 13R5 and between Lots 13R1 and 13R2 shall be 10'. • Setbacks between Lots 1382 and 13R3 as well as between Lots 13R4 and 13R3 shall be 4.26 feet • Bufferyards along interior lot lines shall not be required • Parking required shall equal 94 spaces. Z A 05 13 -t O t a- RECD MAY 1 C 2001 Revised May 16, 2005 Case No. ZA05 -012 Attachment C Page 3 Ciyilsolutions Inc p, 0. Box 100247 l= ort worth. Taxes 76165 June 21, 2005 Ben Bryner pwmer Dcpwtment of Planning City of Southiake 1401 Main 5t. Suite 310 Southlske, Texas 76092 Re. V aziance Regt=t Iota 1381 thru 13R5 T. M. Hood #706 Addition Sauthlake, Texas Dear Mr. Hryncr: This is to request a variance W the right -af- -way width requirer tlt for Lots 1382, 13113, 1384, 'r.M, Hood 0706 Addition, These lots are a part of the White Chapel pisza Office Park. The minirttiwn right -of way width inquired for a public street is sixty feet. This ,project is being served by a Private Street. We seek a Vaiam W allow a Private Street with a right -of -way width of twenty -four feet (24 }). Please a&ise if there am any queS60M. Sincerely, CIVOWu"Orls l "c RECD J 1) N 2 1 2005 817A9+1 -152 e"i1xivibowansi: cWuh.nd W:817- 346 -0520 Case No. Attachment C ZA05 -012 Page 4 WAYNE LEE AND TERRY HORTON 1330.N. White Chapel Southlake, Tex. 76092 817- 994 -0688 817- 421 -4040 August 2005 City of Southlake- Gentlemen: This letter is to accompany drawings and sketches pertaining to the proposed buffer screening between the properties to the South of our new complex; namely the Rucker and the Fechtel properties. The City Council on first reading agreed to have us construct . a buffer that would consist of the followings 1. A rock wall with columns approximatly seven feet tall and spaced on 30' intervals; rock in-between that is two feet tall; and wrought iron on top that is four feet tall. 2. Live plantings that will create an.opaque screening shall be placed next to the above described fence and that will fill in the area to approximately 8 feet in height. The names of the plants will be supplied by our landscape designer and the requirements-we will be adhereing to are evergreen type plants that don't typically shed their leaves in the winter. Attached is a drawing showing the location of the above mentioned plants and fence. Should there be any tions pertaining toithis, please feel free to call./ y. P.S. Landscaper suggests the following plants. Elderica pines Nelly Stevens Holly Leland Cyplress Red Cedar Wax Myrtle RECD AUG 0 9 2005 Case No. Attachment C ZA05 -012 Page 5 o� 00 N i b � w M� , 1[1411 r _,u !_ a ,a ��• tv Cx+ rat Fa• � A I g � r ,�y FI..uM pGl.li{uF �bwl _. m satin SF TYPE 3 2w 7 p N 20 r r <�.lRY rwi 1'�.r MMM wr ier ... _ ,- •..1.,,.. - ,..,.:,�- MI roR 9lOEK} VOL. 12172, PG. 1957, aR,Fa6m oExlmueltz zed �p 11.11.7C.T. •��nA'� 0 1 rf (w6�tOW DENSITY RESwENnA1) Ea""a`�. 9 Sea &tff� xnn.rca OIYlJR9 n� f ei' 9n P: 'DA+ Ladw pu.Mk"A. �,c} MIX ncl�]v2 x •AfWI hr�ea.. ebm �e„s.m �. �w PAJNN9 U Hp oL Open 5p«+ 0.W 9: UD AUG 0 no I 49CS5 SF. x S.F I M wte 5t—P 0.99 9e. 1 x9c I a S1pbES aetwe SI-0 G.aAe3 a7Aw YAY. mtQ HE] S6 FT raw 9�e®`o +'A4 SSA^ Poae9Ae by Uee d x].191 .f� DPAce 0 ri b . ewe noe uSE OFF14i awl S.F Told Rar N?o P N me emAN9 Sp.— 77,191 ef. RP W {BI�� ,.dW M ,/M n A r e,an.or ' >s ��� Aeel9+clia" omA. CAnxirvsM e sa eae: RECD AUG 0 9 Mos . 3 . VAWAN W. RUCKER R ZENA RUCKER. TRUSTEES FAST. [YhvCWAY ` 1MWAN W. RUCKER & ZENA RUCKER FAMILY TRUST MI VOI- 12591, PG. 2283 zed p.k T.C.T. AG {LLO DENSITY RESrMTFAL) vYa]rr.w CA+e9'edge N,dd.raf ..Aw.srew.,s�A�A.mep�.. N.... �..•m,w -LOW puee,r31e1A aebm trydeW dfoA}In N tUi�arwh n� •�at..dw.ee.� hr�ea.. ebm �e„s.m �. �w XO]F3' I I pulrsm rwn ns� aE a' w t T w1N uATaax. M.Tn9NS enAl9lNa eACrvAOw. UD AUG 0 no I . ` u�# . 3 . VAWAN W. RUCKER R ZENA RUCKER. TRUSTEES FAST. [YhvCWAY ` 1MWAN W. RUCKER & ZENA RUCKER FAMILY TRUST C�, n VOI- 12591, PG. 2283 zed p.k T.C.T. AG {LLO DENSITY RESrMTFAL) vYa]rr.w CA+e9'edge N,dd.raf ..Aw.srew.,s�A�A.mep�.. N.... �..•m,w -LOW puee,r31e1A aebm trydeW dfoA}In N tUi�arwh •�at..dw.ee.� hr�ea.. ebm �e„s.m �. �w XO]F3' efe�ivadiillwer.4awsr.: pulrsm rwn ns� aE a' w t T w1N uATaax. M.Tn9NS enAl9lNa eACrvAOw. UD AUG 0 no C�, n o� 00 N b � a 7.00' 7.00' 7.00' 7.00' h � h 0 © � a � o P G EXHIBIT SCREENING FENCE WHITE CHAPEL PLAZA OFFICE PARK CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS CivilSolutions Inc Engineers Surveyors Planners P.O. Box 100247, Fort Worth, Texas, 76185 (817) 501 -1398 FAX (817) 346 -0520 -A n o� 00 N i n b � Q � aR�u " n �NQ�r+lln>rR i � � .^x+571 r ' _ � j `, s' - ..•� +drAl ! x + ' ' ON cerv>,K scnu. - to rt I t 4 1 �; �' 7 ' $ yUw�•r l T �9ad 1J_I .Y y�, � • x C • � I nY ^� 2 G � . I, F� ofwm .G 4t `- weixr�R -wwF.t !c N sff .mnx[sx +Ira rcrE aww¢ xoAn - ,•xe f � r•�ac• P - Y y F SITE PWI OR 5 -P -1 g Mlll FAIUM � � `fir ._� � _. .. �t. ,-` _' •_• ' °,4 � wHITE CHAPEL PLAZA OFFICE PARK DUI OFFlCE FAi k TA NJ an UF T µr pm Exaa . -' •• _ w ";.�cra Wn' 4auin+u a '+ Ramun r<rra xL t6o-3 Y M1�kT1 uY Ye, IflO3 - -. _ e �+ Rar v w, s... w..r Y S w.e 4/N � � a,•• RC`FSEO yIp/5r 14 2065 _ .. �' FLO6E1] AilW51 2a 3W1 o,rw �&OLYO SET"RYBQt S 2P13 —E�_r _ �.uM �i LandCon ' 0 OWlrft ra E LEE a %. WY WRTOn Erp,es� r+w.s. 8va,en 700 w. CAMLL SME1. ;r= 120 • :� ,. °. 'l zx.,.R7 .v>L+e :. 5'..'LIiM iJNL FFUS 75062 ZZ I � l J NNNNNNNI O CA b O I y l J b z 00 n SITE PLAN REVIEW SUMMARY Case No.: ZA05 -012 Revised Review No.: Three Date of Review: 07/27/05 ect Name: Site Plan — White Chanel Plaza Office Park APPLICANT: Trent Horton 3220 W. Southlake Blvd, Suite C Southlake, TX 76092 Phone: (817) 822 -6719 Fax: (817) 431 -9878 ENGINEER: Civil Solutions, Inc. Bill Boomer P.O. Box 100247 Fort Worth, TX 76185 Phone: (817) 501 -1398 Fax: (817) 346 -0520 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/05/05 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) 748 -8602. 1. Show, label, and dimension all fire lines. Identify the limits of the fire lane adjacent to the building on Lot 13R3 . The fire lane north of the building on Lot 13R3 should stop before narrowing down to 20'. 2. All lots must have frontage on a public or private street. The private street must meet public street standards to include R.O.W. width. The required right -of -way width for a street in a commercial development is sixty (60) feet. (A variance has been requested.) 3. Update the site plan to reflect as -built condition, in particular with retaining wall, sidewalks, and existing trees that have remained. INFORMATIONAL COMMENTS * A filed copy of the owner's association agreement must be submitted to the City prior to filing of the proposed plat and should specifically address shared parking, cross - access, maintenance of the private street and shared use and maintenance of the trash receptacle. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65.1% for the development as a whole under the "S -P -1" Zoning District. The impervious coverage area percentage of this development is approximately 65.1 %. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include Case No. Attachment D ZA05 -012 Page 1 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. ZA05 -012 Attachment D Page 2 Surrounding Property Owner White Chapel Plaza Office Park Lot 13, T. M. Hood No. 706 Add. Owner Zoning Land Use 1. International Ch. Four Sq. G "S -P1" Office Commercial 2. Wayne, Lee K 11 0-1" Office Commercial 3. White Chapel Llc "AG" Retail Commercial 4. White Chapel Llc "C -3" Retail Commercial 5. Baccus, Liana "CS" Public /Semi - Public 6. Murphy, Edgar & Janet "SF -IA" Medium Density Residential 7. Kc Partners "SF -IA" Medium Density Residential 8. Rucker, William Zena "AG" Low Density Residential 9. Fechtel, Marguerite "AG' Low Density Residential 10. Woolley, Marguerite "AG" Low Density Residential 11. Lee, Wayne & Terry Horton "S -P -1" Office Commercial Case No. ZA05 -012 Acreat 3.970 2.300 0.443 6.327 2.832 2.200 1.090 0.490 1.000 3.500 2.702 Attachment E Page 1 Surrounding Property Owner Responses White Chapel Plaza Office Park Lot 13, T. M. Hood No. 706 Add. Notices Sent: Ten (10) Responses: None (0) Case No. ZA05 -012 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -424a 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 LOT 13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES 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 X1, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -1" Detailed Site Plan with "O -1" Office District uses under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA05 -012 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA05 -012 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5 57 1, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres, and more fully and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan District with "O -l" Office District uses to "S- P-l" Detailed Site Plan District with "O -l" 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. Attachment G ZA05 -012 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 tractor tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment G ZA05 -012 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition Case No. ZA05 -012 Attachment G Page 5 of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper onetime within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY Case No. ZA05 -012 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -012 Attachment G Page 7 EXHIBIT "A" Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres. Case No. ZA05 -012 Attachment G Page 8 o� 00 N •� WT 13 -R1 S.A V A eCCtoYt !Y - IaBY ya 1 - f- —� -- - .. .. - — gi _ _ -� - -- R . �3 I -- ms�i.�m5 q - 1 � 1 �.u'Yxr..me� 1 .....•. !� j %9xml.wq LOT RJ pttr�.tC ffffff I 1 .n F° H PA/1MC 9C.YF: F Re • 10 rT �f¢ n�.. 5 g4 hart r .� ti I "('. ±Y ilY w,nakri w.`�h v. nn�s ~�,�swa�wrr�4a�i lw I � �'�'�iia r��Y�r. ^2wsw Y• eCCtoYt !Y - IaBY ya 1 - f- —� -- - .. .. - — gi _ _ -� - -- R . �3 I -- ms�i.�m5 q - 1 � 1 �.u'Yxr..me� 1 .....•. !� j %9xml.wq LOT RJ pttr�.tC I •r ri Y � e ! � „, + � = 6' ur 1v. e5m�x a-ee J an. a •... �q "f/ m,n•,,,a :� r.1. ."�'t °_ wn S °! 15 I �R LGi 13e RY 3 LOT.i3 -RS SITE PLM FOR S-F-1 OmOc F*oull ES .r J 1 .• w i° � w :. .• .... r rr t WHITE CHAPEL PLAZA 3.•: .. ::: •:::• . .. �. ..:. .:.•. .. .. •. ....., .. ... OFFICE PARK y - - - AN OMCE FAMTY 8 37a rr 1 $i■ l 1 LOlS 15-RI, IS-Rf. 15- 115..5 -11{ ■ FS-AS f NN/TRri lY� sMn.« m,. em m..ar a4 .a'F+Q.. rn�xr •. 1 tlIT V MTftAM iIRdFNr C�lAlre. TOM ?6 : rcaai. rtr Is. �� Yul+o• Y RJI. Y Spx R�]M nub { C ivilSo u�i s D " -a 5 O1 M: wRYfYE LEE k TERRY HOMN ox(,ci Erylnaera &rverrxa PoanMra am t+utim eonx 1lnamny 7OG SW H. AK CAR R O LL VFW. 12P squ rra Teas 76084 2 umft� FMiam ZA06 -012 Y " ffffff �f¢ �� I ®�000cs �r�r ■ra�1.r�� ©a 0���o�a1o1� I •r ri Y � e ! � „, + � = 6' ur 1v. e5m�x a-ee J an. a •... �q "f/ m,n•,,,a :� r.1. ."�'t °_ wn S °! 15 I �R LGi 13e RY 3 LOT.i3 -RS SITE PLM FOR S-F-1 OmOc F*oull ES .r J 1 .• w i° � w :. .• .... r rr t WHITE CHAPEL PLAZA 3.•: .. ::: •:::• . .. �. ..:. .:.•. .. .. •. ....., .. ... OFFICE PARK y - - - AN OMCE FAMTY 8 37a rr 1 $i■ l 1 LOlS 15-RI, IS-Rf. 15- 115..5 -11{ ■ FS-AS f NN/TRri lY� sMn.« m,. em m..ar a4 .a'F+Q.. rn�xr •. 1 tlIT V MTftAM iIRdFNr C�lAlre. TOM ?6 : rcaai. rtr Is. �� Yul+o• Y RJI. Y Spx R�]M nub { C ivilSo u�i s D " -a 5 O1 M: wRYfYE LEE k TERRY HOMN ox(,ci Erylnaera &rverrxa PoanMra am t+utim eonx 1lnamny 7OG SW H. AK CAR R O LL VFW. 12P squ rra Teas 76084 2 umft� FMiam ZA06 -012 Y " WHITE CHAPEL PLAZA OFFICE PARK PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS FOR S -P -1 ZONING Permitted Uses This site shall permit all "O1" Office District uses according to the Comprehensive Zoning Ordinance No. 480, Section 18, as amended. Accessory In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Re ulations This site shall adhere to the development regulations of Section 18, the "O -1" Office District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: • Setbacks along the perimeter site boundary, as shown on the Site Plan. • Maximum impervious Coverage The maximum impervious coverage shall not exceed sixty -five and 1/10 percent (65.1 %) of the total lot area, however, individual lots shall not exceed 76.5 %. • Setbacks between Lots 13R4 and 13R5 and between Lots 13R1 and 13R2 shall be 10'. • Setbacks between Lots 13R2 and 13R3 as well as between Lots 13R4 and 13R3 shall be 4.26 feet • Bufferyards along interior lot lines shall not be required • Parking required shall equal 94 spaces. ZA05 - 0 13 *0 is RECD MAY 1 G 200 Revised May 16, 2005 Case No. Attachment G ZA05 -012 Page 10