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Item 8ACity of Southlake Department of Planning STAFF REPORT February 11, 2004 CASE NO ZA03 -060 PROJECT: Hibernia Bank REQUEST: On behalf of Greenway- Southlake Office Partners, L.P., Hibernia Bank is requesting approval of a zoning change and site plan. ACTION NEEDED: Consider first reading for zoning change and site plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Site Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -431 Full Size Plans (1br Commissvion and Council Members Only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -060 BACKGROUND INFORMATION OWNER: Greenway - Southlake Office Partners, L.P. APPLICANT: Hibernia Bail{ PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan for the construction of a bank with a drive -thru. PROPERTY SITUATION: The property is located at 1110 E. Southlake Blvd., on the northwest corner of N. Carroll and Southlake Blvd. LEGAL DESCRIPTION: Lot 1R2, W. W. Hall No. 695 Addition, Lot 1R, Block 9, Southlake Town Square, Phase 1, and a portion of old Carroll Avenue. LAND USE CATEGORY: Medium Density Residential and Town Center CURRENT ZONING: "S -P -2" General Site Plan District REQUESTED ZONING: "S -P- l" Detailed Site Plan District with "O-l" Office District uses to include a bank with a drive -thru HISTORY: -A change of zoning to "S -P -2" district was approved by City Council on January 21, 1997. -A site plan was approved by City Council on March 18, 1997. -The City approved a Plat Showing on February 25, 1997. -A Plat Revision was approved by City Council on August 19, 1997. -City Council approved a change of zoning to "S -P -2" district and a revised site plan on April 4, 2000. -A Plat Revision was approved by City Council on March 21, 2000. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right -of -way and N. Carroll Avenue to be a 4 -lane, divided arterial street with 100 feet of right -of -way. Adequate right -of -way exists for both roads. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly onto E. Southlake Boulevard (F.M. 1709) and one (1) access directly onto N. Carroll Avenue. The proposed drive on E. Southlake Blvd will be a right - in/right -out drive. The drive on N. Carroll Ave will be a full- access drive. The proposed site will connect into the site to the west allowing the site to the west to have access to N. Carroll Avenue. Case No. Attachment A ZA03 -060 Page 1 E. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. The roadway will ultimately be widened to a 7 -lane roadway. N. Carroll Avenue adjacent to this site is a 4 -lane, divided thoroughfare with designated left -turn lanes. PATHWAYS MASTER PLAN: May, 2003 traffic counts on E. Southlake Blvd (between Byron Nelson Pkwy & Carroll Ave 24hr West Bound (WB) (22,260) East Bound (EB) (23,500) WB Peak A.M. (1,078) 10 — 11 a.m. Peak P.M. (2,256) 5 — 6 p.m. EB Peak A.M. (2,213) 7 — 8 a.m. Peak P.M. (1,526) 12 — 1 p.m. May, 2003 traffic counts on N. Carroll Ave (between E. Southlake Blvd & SH 114 24hr North Bound (NB) (3,819) South Bound (SB) (3,783) NB Peak A.M. (263) 8 — 9 a.m. Peak P.M. (351) 1 — 2 p.m. SB Peak A.M. (224) 10 — 11 a.m. Peak P.M. (347) 5 — 6 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Bank w/ drive -thru 6,959 1,846 49 39 191 191 *Vehicle Trips Per Day "The AM /PM times represent the potential number of vehicle trips generated during the peak travel times on Southlake Boulevard. According to the Master Pathways Plan, an 8' multi -use trail is required along the north side of E. Southlake Blvd. The trail is shown on the site plan. WATER & SEWER: A 12" water line exists along the north side of E. Southlake Blvd and an 8" water line exists along the west side of N. Carroll Ave. The site will connect into the 8" water line. The site will extend an 8" sanitary sewer line and connect into the existing 10" sanitary sewer line located in the intersection of N. Carroll Ave and E. Southlake Blvd. TREE PRESERVATION: An acetate overlay of the Tree Survey to lay over the Site Plan was submitted with the Site Plan. This meets the regulations of the Tree Preservation Ordinance. No trees are proposed to be preserved on the site. The line ofBois d' arc trees along the east side of the property and North Carroll Ave. are shown to be located in the east fire lane, and parking area of the development., approximately directly in line with the proposed ATM machine. All of these trees would be removed except for possibly six trees on the north end of the line adjacent to old N. Carroll Avenue and in the north bufferyard area. To properly preserve these trees the grading would need to be adjusted. In a non - residential development, all protected trees that the Landscape Case No. Attachment A ZA03 -060 Page 2 Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Tree Preservation Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. P &Z ACTION: The Planning and Zoning Commission recommended approval (5 -0) subject to Site Plan Review Summary No. 4, dated January 30, 2004; meeting requirements in comments no. 2 and 3 with the commitment to match the number and size of canopy trees on the east side of N. Carroll Avenue through the N. Carroll Avenue frontage of this site; add raised curb on right out driveway, in accordance with TX DOT and the City Engineer's requirements to further prevent left turn movements; and add tall shrubs around the trash enclosure along street frontage. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated January 30, 2004. Under the "S -P -1" Detailed Site Plan District zoning the applicant proposes the following: • Permitted Uses — "O -1" Office District uses to include a bank with a drive -thru • LandscapeBufferyard — The landscape /bufferyard shall be as shown on the Site Plan. The western boundary will not be required to have minimum landscape /bufferyard. • Accessory Uses/ Structures — An automatic teller machine and a dumpster may be located between the bank building and North Carroll Avenue as set forth on the attached Site Plan. The following variance is being requested: • Driveway Spacing — Driveway spacing is 500' for full- access and right - in/right -out drives from an intersection on Southlake Blvd (FM 1709). The nearest drive to the west is 350' from the proposed driveway and the nearest intersection to the east is 280'. N: \Coimnunity Development \WP - FILES \MEMO \2003cases \03- 060ZSP.doc Case No. ZA03 -060 Attachment A Page 3 Vicinity Map Hibernia Bank 1000 0 1000 2000 3000 Feet OEM N Case No. ZA03 -060 E Attachment B Page 1 o 0 c !v o / I AM .. Y -- - --- --- --- - „ R n• R. y t— �x, 6 Lot IPa X.X NALL AOOITION L.u.Pe ae:m v � ,e ur�u s ,P 9NEL6aN0 LTNE x 1 90, t I - 511O0.Y / 6,959 UH YE THRU RAMC : wire I 1 1 I ■l� ^� �✓ _i 11 �1 � i I i 1 � SCREENEN WN NCLn9UPE S IN. 6 N T [ �� a t dd m I I I M W, W e N1PE — Tx-,rzE .AIL J e y EAsr SOUTHLAKE BOULEVARD $ # �' NESTEPFA SOOTNLAKE, L.P. �� -- ANIIA PRkaE •.u.P P • oewm.n I ,vP a.1.E. i -� I nrPp y I I � .I Ill ll� i I — - y •.eeeoaumsuw..v . rvngyma . n.en . "�onnr.ruav w 5 l 9 e -e Fe-'R °nvw..,. a wee.. ' xG• p. e � vz.G 1 .�'�w.���e..e .m �Y ea mx r�al.•rmsewe,�m uM1l 116' , x. EE�5a'fe' M (11IHkH6` kNCINk3k YP' R 1P' .Y. �+¢vy -purwd P.. A�ef.,y lae CUP —.Y. a.a Ge4etl m.la x s.11q Re y' � ®� � tEn[CI ue��Pef eW arty N. AJ w L�leW,.'Im P g ly'�b�BGV • n e , c • °'Pec I nn R kaa -u ARCHITECT: y s,.NeI.P LP ml..e 4 aols i .�m�n E . - .... .8�" ° m —°�° •° � .w e LE: 5• -x9 .sw � aa'N��'a� ` a.IN, let 09) t. wYl� le �ss me unlea -en'r mew fExxpaseGSY NOUR e�R. u:s en CASE N0, ZA 03 SITE PLAN -060 „ Nw - r PRGPGS sIULL eE PEaxxncaEN ctxcPErE �Ep' 9 ] BW We t 91 s ov a e. m O�ueaatln � fao i#'- n LR RzN 1 P E„ xro c.eE amxw� "i HTHERNiA BANK O � ANp AN n i F P eLnGA n. iWnP LOT IP2P CONO 1 GI fff"'' m 9.WSwsup9ErAU —T, IN AM1E 1C— E THE wX- w, PALL FOPVET, TA N0. fi95 1 LILY OF - OITTHLANE 0 PwPO9E0 sirE Lrtxl ppA „T LO ix. TEk R3 -- —� SO TH AR OLL © � O A 19e� s6 wsas' AVM' sour„ CAFP0.L /I>O9, UO. nn a n u IY0. u f] a 29t PP, is ____ ._. ..,__. .,.. .. • e.... • .. .aee I-- \ 1 o O I SOUTH ELEVATION AND PARTIAL PLAN OFF g NORTH ELEVATION AND PARTIAL PLAN oil � �u�tAA�i�� MR—M 1110mliglom pan eum"FAI z �1; H113ERNIA BANK ATM - PLAN R18ERNIA DUMPSTER PI-AN & ELEVATION ii'MMM 6W W.R ELEVATIONS FlNISHEfi U.1 F- z LLI 0 L) ry L) Z U) Z g L j Y L X z < W Lij 0 w F . w F- 0 (/) I ELEV. N n HIMERMA BANK ATM -SUE HIBERNIA BANK - ATM - FRONTIRFAR EAST ELEVATION AND PARTIAL PLAN 1—m-11 PROPOSED i'EWY 'FE USES AND ;c. = E OPM—EN ' REGWI ATIONS FOR S - -1 ZON1;�;G Pennittcd Use This site shall permit all "0 -1" Gfiyce District use's according -to -the Gomprehensivr- 21oning. Ordinance No. 480, Section 18, as amended, to include a bank wits`l a drive - thru. Accessory Uses In addition to those accessory uses spec kally authorized in Se ction 34 of this ordinance arty use may be established as an accessory use to a permitted use i it complies with the conditions for an accessory use as defined by this ordinance. Devclopment I? carnations This site shall adhere to the devclop*nent regulations -cf Section 1.8, the "04" General Ca mmereia District, and all other applicable Sections of the Comprehea;sive Zoning Ordinance No. 480, as amended, with the following exceptions: • Landscape,Buf – The Iandscapelbuf .y rd shall by as sHown on the Site Plan. The western boundary will not be required to have erinimum laidscahe!1bu1'ftiryard. .I • Accessory Uses/ Structures - An automat teller machilie and adumpster may be located between the bank building and North Carroll Avenue as set forth on the attached Site Plan. 34:5273v2 00216Q`0029 RECD JAN 13 2094 - ZAo3 -b6c) Case No. Attachment C ZA03 -060 Page 3 Graham Associates, Inc. CONSULTING ENGINEERS & PLANNERS December 29, 2003 Mr. Ben Bryner City of Soutblake — Planning 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Hibernia Bank (NW Corner of N. Carroll/FM 1709) Zoning and Site Plan Variance request Dear Mr. Bryner. The purpose of this letter is to identify one item on the referenced site plan for which a variance is needed. This request is for a variance to the required 500' Minimum driveway /intersection spacing. To provide adequate ingress and egress to /from the proposed Bank at the northwest corner of North Carroll Avenue and F.M. 1709 (Southlake Blvd.), an access drive will be needed on Southlake Blvd. between North Carroll Avenue and the existing full access drive that currently serves the Crestwood Office Park, west of this site. Since it is not feasible to provide the needed access drive meeting the 500' spacing requirement from the Carroll /Southlake Blvd. intersection, a right -in right -out only drive is proposed. The centerline of the proposed right -in right -out drive will be 280' west of the west Right -of -Way line of North Carroll Avenue and 350' from the centerline of the west full- access drive, exceeding the minimum allowable 250' driveway to driveway spacing (Reference Notes for Table One, Paragraph 5.1 (Ordinance No. 634)). On behalf of the Owner, we request a variance to the 500' minimum spacing requirement at this location, As you know, a variance to this requirement was previously granted with the 1999 Zoning/Concept Plan Case (Case No. 99 -099) concerning this property. Thank you for your assistance on this project. If you have any questions or need additional information to process these requests, please give me a call. Sincererly, Graham Associates, Inc. �Z David M. Smith, P.E. Project Manager cc: Matt Holtman — OH Design Bill Dahlstrom- Jackson Walker, L.L.P. Christy Hanunons — Greenway Southlake Office Pints, L.P. J:10H DesignlHibemia \Variance Letter 2.doc Summit Office Park Centerpoint Three 1300 Summitt Ave., Suite 419 600 Six Flags Drive, Suite 500 Ft. Worth, Texas 76102-4418 Arlington, Texas 7 601 1 -6356 (817) 332 -5756 (817) 649 -8530 • Metro (817) 640 -8535 Fax (B 17) 336 -6909 FAX (8 17) 633 -5240 Chase Bank 3200 Broadway Blvd., Suite 530 Garland, Texas 75041 -1571 (972) 840 -6671 FAX (972) 840 -6671 Case No. ZA03 -060 Attachment C Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -060 Review No.: Four Date of Review: 01/30/04 Project Name: Site Plan — Hibernia Bank APPLICANT: Graham Associates, Inc. David Smith 600 Six Flags Drive, Suite 500 Arlington, TX 76011 Phone: (817) 640 -8535 Fax: (817) 633 -5240 ARCHITECT: Oglesby - Holtman Design Matt Holtman 2261 Brookhollow Plaza, Suite 101 Arlington, TX 76006 Phone: (817) 633 -2533 Fax: (817) 633 -2595 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/20/04 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 ORNEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comments No. 2, 3 Residential Adjacency Y See Comments No. 2, 3 Building Articulation Y See Comments No. 2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Proposing a waiver of west bufferyard Interior Landscape Y Complies Driveways Y See Comments No. 1 Lighting Y Must comply with Outdoor Lighting Ordinance No. 693 -B Driveway spacing is 500' from an intersection on Southlake Blvd (FM 1709). The applicant is showing a right - in/right -out drive a distance of 280' from Carroll Avenue. (A variance has been requested.) 2. Provide vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.I.c on the north (rear) facade. The east portion of the wall exceeds the maximum length of 53 'by 3 '. 3. Correct the label for the trash dumpster enclosure to show a height of 8'. Trash dumpster enclosures are required a minimum of 8 ' in height. Case No. Attachment D ZA03 -060 Page 1 INFORMATIONAL COMMENTS The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "0-1" Zoning District. The impervious coverage area percentage of this site is approximately 62 %. 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 but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Please be aware that any change of tenant /owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. ZA03 -060 Attachment D Page 2 Articulation Evaluation No. 4 Case W. ZA 03- 060 jDat a of Eval uat i on: 01/ 30/ 04 EI evat i ons for Hibernia Bank Received: 01/20/04 Front - facing: South VIII I ht . 17. 67 Hor i zont al art i cul at i on IVer t i cal art i cul at i on Re ui red I Pr ovi ded Del t a Cka ? Re ui red Pr ovi ded Del t a Cka ? Max. wal I I en 9t h 53 39 -26 Yes 53 39 -26 Yes • n. art i c. of f se 3 4 33°/ Yes 3 7 133°/ Yes • n. art i c. I en t 10 33 230°/ Yes 10 33 230°/ Yes Rear - facing North IM I ht . = 17. 67 Hor i zont al art i cul at i on Vert i cal art i cul at i on Re ui red Pr ovi ded Del t a Cka ? Re ui red Pr ovi ded Del t a Cka ? Max. wal I I en qt h 53 53 0°/ Yes 53 56 6°/ % • n. art i c. of f se 3 53 1667°/ Yes 3 6 100°/ Yes • n. art i c. I en t 14 34 143°/ Yes 14 291 107°/ Yes Right - facing: East VMI I ht . = 17. 67 Hor i zont al art i cul at i on Vert i cal art i cul at i on Re ui red Pr ovi ded Del t a Cka ? Re ui red Pr ovi ded Del t a Cka ? Max. wal I I en t h 53 44 -17 Yes 53 36 - 32°/ Yes • n. art i c. of f se 3 3 0°/ Yes 1 3 7 133°/ Yes • n. art i c. I en t 11 11 0°/ Yes 9 15 67°/ Yes Left - facing: West IM I ht . d 17.67 Hor i zont al art i cul at i on Vert i cal art i cul at i on Re ui red I Pr ovi ded Del t a Cka ? Re ui red Pr ovi ded Del t a Cka ? Max. wa1 I I en t h 53 44 -17 Yes 53 36 -32 Yes M n. art i c. of f se 3 3 0°/ Yes 3 7 133°/ Yes M n. art i c. I en t 11 11 0°/ Yes 9 15 67°/ Yes Case No. ZA03 -060 Attachment D Page 3 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 03 -060 Date of Review: January 8, 2004 Number of Pages: 1 Project Name: Hibernia Bank (Zoning /Site Plan) OWNER \ DEVELOPER PREPARED BY: Greenway- Crestwood Park Partners, L.P. Graham Associates, Inc. Phone: Phone Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481 -5640 TREE PRESERVATION COMMENTS: 1. An acetate overlay of the Tree Survey to lay over the Site Plan was submitted with the Site Plan. This meets the regulations of the Tree Preservation Ordinance. 2. No trees are proposed to be preserved on the site. 3. The line of Bois d' arc trees along the east side of the property and North Carroll Ave. are shown to be located in the east fire lane, and parking area of the development., approximately directly in line with the proposed ATM machine. All of these trees would be removed except for possibly the trees numbered 558, 559, 560, 561, 628 and 629; on the north end of the line of trees and in the north bufferyard area. To properly preserve these trees the grading would need to be adjusted. Non - residential Development: In a non - residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Tree Preservation Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. Attachment D ZA03 -060 Page 4 Surrounding Property Owners Hibernia Bank • FA LU Land Use Acrea FO F Owner Zoning gf 1. Southlake Venture DT Mixed Use 4.33 ac 2. South Carroll Case No. Attachment E ZA03 -060 Page 1 /1709 Ltd. S -P -2 Office Commercial 29.0 ac 3. C. Prade AG Medium Density Residential 16.2 ac 4. Westerra Southlake LP AG Medium Density Residential 16.3 ac 5. Greenway Crestwood Ptnrs S -P -2 Medium Density Residential 2.31 ac 6. J. Strunck AG Medium Density Residential 3.36 ac 7. Southlake Venture DT Mixed Use 0.26 ac 8. Southlake Venture S -P -2 Mixed Use 0.51 ac 9. Greenway Rowlette 66 LP S -P -2 Medium Density Residential 1.21 ac Case No. Attachment E ZA03 -060 Page 1 Surrounding Property Owner Responses Hibernia Bank Notices Sent: Seven (7) Responses: One (1) Juergen Strunck, 200 N. Carroll Ave., Southlake, Tx 76092 (Received February 5, 2004) please see attached Case No. ZA03 -060 Attachment F Page 1 Lorrie Fletcher From Sent: Thursday, February 05, 2004 11:15 AM To: Ifletcher @cityofsouthlake.com Subject: #za03 -060 from:juergen strunck 200 n Carroll ave southlake tx 76092 re:za03 -060 to:city of southlake planning and zoning commission dear members of the commission, committments at my work will not make it possible for me to attend the meeting in which you will review the hibernia bank requests for zoning changes. so i am writing this to let you know that i have had numerous meetings with Christi hammons and representatives of the bank.nearly all my comments,suggestions and objections have been met,and i am not opposed to the plan for hibernia bank as currently proposed. my wife and i have been assured that the work on this site will not proceed before the fence to the south of our property will be extended as far east towards Carroll ave as permitted by city requirements and will look like the current fence. we have also been assured that the landscaping will be designed to increase the privacy of our property and reduce light /noise pollution from increased traffic along our property line. it is our hope that with the development of the property the long overdue transfer of title to us for the land between the east front of our property and the realigned Carroll ave will finally take place. we are also anticipating the termination of the 'temporary' rights of way of utilities along the old Carroll ave and the transfer of utilities to the right of way along Carroll ave.this will allow us to begin improving the visual quality of our frontage along carroll.we intend to cooperate with hibernia in planting trees to match those to be planted along its frontage. with thanks and appreciation for your attention and work on this matter, sincerely, Juergen strunck RECD F E B 0 5 2004 "ZAa3 -G�� Case No. Attachment F ZA 03 -060 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -431 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 1R2, W. W. HALL NO. 695 ADDITION, LOT 1R, BLOCK 9, SOUTHLAKE TOWN SQUARE, PHASE 1, AND A PORTION OF OLD CARROLL AVENUE, AND BEING APPROXIMATELY 1.98 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE A BANK WITH A DRIVE -THRU, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Plan Case No. Attachment G ZA03 -060 Page 1 District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA03 -060 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 Soutl 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 1R2, W. W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas, Lot 1R, Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8945, Plat Records, Tarrant County, Texas and a portion of old Carroll Avenue, and being approximately 1.98 acres, and more fully and completely described in Exhibit "A" from "S -P -2" Generalized Site Plan District to "S -P -1" Detailed Site Plan District with "O -1" Office District uses to include a bank with a drive -thru as depicted on the approved Site Plan attached hereto Case No. Attachment G ZA03 -060 Page 3 and incorporated herein as Exhibit "B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting Case No. Attachment G ZA03 -060 Page 4 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 additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of Case No. ZA03 -060 Attachment G Page 5 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 , 2004. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -060 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -060 Attachment G Page 7 EXHIBIT "A" Being Lot 1R2, W. W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas, Lot 1R, Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8945, Plat Records, Tarrant County, Texas and a portion of old Carroll Avenue, and being approximately 1.98 acres. STILT? CF TF.XUI - Vu EpF.AI Cmrwa■q - Sc+lr rzu Care Plrnw L t P. rrt 4-w+5 &( it nose a! I-A "Mud 0 dye W rn W. Na Sat+rf, ,46eo rer tea. WS. Trrerrl C"wy, Tan w tonTinw in fsr*k- t le Yet me T33% J V! 3 tkM Reccmk, Ttt. C'c"s"ay. Irtn& rnd alta'l oarm ae Lei I R_% W.W Ka l M. M A46kkw ja i* CAhhw & U& OAX KU Rai % TwmK Coma,Ttmkad CoaW wd SQWnL L P. Am ft &WMMMFz traceUF1Wrdbft114f Riawdik !Q.?Cr3 Iltr[s se � ffrttd+ Aveewt; at rtreoe�de,d � ;F� 1 �ID>'. T�II >� Tnewo Cea ty. T� and 5wtltk&rt 'LFnew Wm LP _ era tike wwwa it * v4a of para�d to *a d Ead, Sw+rf, Agra 401. Zamot Ceatg3r. Tins Drrd . T�1 Cve"r#, ?ems ++� �+Mrr as � 'lR !tack #, + Te�•a 3�c4fr. 'hrae+t i, ai vetateled in Cebdael. " _ 51l;ds � t'Rre 14�e!+�. �'errrre . Terar. M 4 at t 45 rasa Vam ned' der tnnwr d 0A kffCffWcb6* Id the Oltd ftk hM of NwN Cn- Atirmw is 1W fegt A-0 W_ t t 15 1oe9 it 0" P:4. raid Of worth rdW424 -" tirtt tl Fri Saaek'.ska sawlaw l MA 1 TD9p (* F)O frhs }t.O.WJL tahf p6hot Whi O uwitl l rcon r of tad Lai I L Mwk 9. 5cmbfl 1d* I0-11 Sgwt L Mm L rbMLIM mwi n154' 1i`'/t M wad m m n&.41- -ty Fire. a dhttrtae or It -" free ra a Pik nail fix 'd tta.Q #1'41' }I - WLU. #m"uarirg el" Mid F*nb tblM4--f.+�ar :I".t_ r diC6ar a of 93.61 Faef as a 11` DOT b1W Cop d141"w1 for cam. 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Case No. ZA03 -060 Attachment G Page 8 o 0 c 0 I f7 V ~ Q � F EAS SOUTHLAKE BOULEVARD WESTERRA 90tIRHLANE, L.P. �� d N" A p g pp E e. vP.aas 1 "�I WG?TSN YlP N. . k 1YW eeu N�. 695 payxan - i I i J OWNER . ENGINSM ...,ter'. ueoa.nw [w.e s o,W,m mw ae �ave � s Y�+.c-� nwx NaVCO -w'A� I.c�(e -aTEu it r n r c r q0� a { n h :m°uim ARS.Ma: u CASE NO, ZA 03 -060 SITE PLAN �.P [- iewiu�x oo mxe :E 4 ' `t p � i�� � uni I � . ' ..��•� HIBSRNIA BANK o k s. ea.iTw -.�c ,mix sou P rov iaza xRe�wo a Mt l�' •'^rtF M.Y. MdLi N0. 695 I—T— IN TVA kp% sT kIL.Hdkp £M9 9V 1. —T. NO 4B1 6 �e s[rE Lrgx[ THE NM- N. MALL —YET AN9T. N0. 595 1 C[iv OR SOVT�aHE h TARRpNT —71 TEMPS -- ----� WITH AR OLL ll swrH uRaavvos. Lro. tog ED td H Mw NINE 94�j�c°"'_ °_,',fiat. � 2 ^ &7�r ..1 >�. _♦ 0 ■■M■1 I■ ■■ �1- - ■ F EAS SOUTHLAKE BOULEVARD WESTERRA 90tIRHLANE, L.P. �� d N" A p g pp E e. vP.aas 1 "�I WG?TSN YlP N. . k 1YW eeu N�. 695 payxan - i I i J OWNER . ENGINSM ...,ter'. ueoa.nw [w.e s o,W,m mw ae �ave � s Y�+.c-� nwx NaVCO -w'A� I.c�(e -aTEu it r n r c r q0� a { n h :m°uim ARS.Ma: u CASE NO, ZA 03 -060 SITE PLAN �.P [- iewiu�x oo mxe :E 4 ' `t p � i�� � uni I � . ' ..��•� HIBSRNIA BANK o k s. ea.iTw -.�c ,mix sou P rov iaza xRe�wo a Mt l�' •'^rtF M.Y. MdLi N0. 695 I—T— IN TVA kp% sT kIL.Hdkp £M9 9V 1. —T. NO 4B1 6 �e s[rE Lrgx[ THE NM- N. MALL —YET AN9T. N0. 595 1 C[iv OR SOVT�aHE h TARRpNT —71 TEMPS -- ----� WITH AR OLL ll swrH uRaavvos. Lro. tog ED td H Mw NINE w m �II `� ,• ��i�t1 F EAS SOUTHLAKE BOULEVARD WESTERRA 90tIRHLANE, L.P. �� d N" A p g pp E e. vP.aas 1 "�I WG?TSN YlP N. . k 1YW eeu N�. 695 payxan - i I i J OWNER . ENGINSM ...,ter'. ueoa.nw [w.e s o,W,m mw ae �ave � s Y�+.c-� nwx NaVCO -w'A� I.c�(e -aTEu it r n r c r q0� a { n h :m°uim ARS.Ma: u CASE NO, ZA 03 -060 SITE PLAN �.P [- iewiu�x oo mxe :E 4 ' `t p � i�� � uni I � . ' ..��•� HIBSRNIA BANK o k s. ea.iTw -.�c ,mix sou P rov iaza xRe�wo a Mt l�' •'^rtF M.Y. MdLi N0. 695 I—T— IN TVA kp% sT kIL.Hdkp £M9 9V 1. —T. NO 4B1 6 �e s[rE Lrgx[ THE NM- N. MALL —YET AN9T. N0. 595 1 C[iv OR SOVT�aHE h TARRpNT —71 TEMPS -- ----� WITH AR OLL ll swrH uRaavvos. Lro. tog ED td H Mw EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -060 Page 10