Loading...
Item 7BCity of Southlake Department of Planning STAFF REPORT March 31, 2004 CASE NO ZA03 -085 PROJECT: East Southlake # 1 Ltd. REQUEST: On behalf of East Southlake # 1 Ltd., Blake Architects is requesting approval of a zoning change and site plan. 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 Site Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -432 Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -085 BACKGROUND INFORMATION OWNER: APPLICANT: PURPOSE: PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING: REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA03 -085 East Southlake 9 1 Ltd. Blake Architects The purpose of this request is to receive approval of a zoning change and a site plan for the construction of a medical office building. 900 E. Southlake Boulevard; approximately 1,100 feet west of N. Carroll Avenue. Tract 3D2, situated in the W.W. Hall Survey, Abstract No. 695 Medium Density Residential "AG" Agricultural District "S -P -1" Detailed Site Plan District with "O -1" Office District uses No development history exists for this property. A residence currently occupies the property. Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right -of -way. Adequate right -of -way exists for this roadway. Existinm Area Road Network and Conditions The proposed site will have one (1) full- access drive directly onto E. Southlake Boulevard (F.M. 1709). The site is proposing two (2) common access drives for future connection into the site to the east. 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. 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. Attachment A Page 1 Traffic Iniptic PATHWAYS MASTER PLAN: Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Medical Office 15,667 566 30 8 15 42 *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. A 6" sanitary sewer line exists along the north side of E. Southlake Blvd with an 8" sanitary sewer line parallel to the west property line on the adjacent properties. TREE PRESERVATION: In a conversation with the Applicant's Engineer, he indicated that they could save the 13" Oak between the building and the right -of -way and reroute the on -site storm sewer to miss the existing Pine tree on the southwest corner of the property. There are six (6) Pecans and one (1) Oak tree in front of the building and between the building and the right -of -way. Although the pecans are within the area of within 6' of the building pad, these trees and the 13" Oak could be preserved if the building were to be set back approximately 8' feet. This would allow for the foundation elevation slope to be worked into the existing grade and the preservation of the existing trees. P &Z ACTION: February 19, 2004; Approved to Table (5 -0) until March 4, 2004. March 4, 2004; Approved (6 -0) subject to Site Plan Review Summary No. 4, Dated February 13, 2004; granting the requested variances for driveway spacing and 10% reduction in parking; allowing a 25 foot setback on the east side without moving the building closer to the west; installing a timer for the exterior lights to go off at 8 p.m.; change the grading to all drain onto Southlake Blvd. (FM 1709); installing an 8 foot masonry fence to replace full length of fence currently in place on the east line of Foxborough; and replace accent trees with canopy trees along the west bufferyard in an effort to provide an evergreen screen with live oaks, the total number of trees being subject to the Landscape Administrator's approval. COUNCIL ACTION: March 30, 2004; Approved first reading (7 -0) subject to the Planning and Zoning Commission's recommendations with the wood fence along the north and east boundary being replaced by a masonry wall when residential development occurs on the adjacent property. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated February 13, 2004. Case No. Attachment A ZA03 -085 Page 2 Under the "S -P -l" Detailed Site Plan District zoning the applicant proposes the following: • Building Setback — The east building setback shall be 15 feet from the property line. The following variances are being requested: • Parking - A total of 106 spaces are required for this site based on the proposed medical use. The applicant is providing a total of 97 spaces. • Driveway Spacing — The minimum spacing required between full- access drives on Southlake Boulevard (FM 1709) is 500 feet. The nearest drive to the east is 262 feet. N: \Cotmuunity Development \WP - FILES \MEMO \2003cases \03- 085ZSP.doc Case No. Attachment A ZA03 -085 Page 3 Vicinity Map East Southlake # 1 Ltd. 1000 0 1000 2000 3000 Feet N S Case No. ZA03 -085 E Attachment B Page 1 o 0 c 00 i n I� V � Q � N U @� a gi 1 E) SITE DATA °S~ARY CHART TPeL9M fOan M L p mF owl' M aClb PmH� Poe RD l� rtl C y M- 11lV.BaMLR P-U ntY dLry 1� L1N /Lad lMAK xq LMGPtILA leifn en nMY+WYwMVeBI �ewefA'a,cvKal �� ntiMgN ! v extln'.uear trn vFlt Mt/I11.w®1 eW 4e1'arW Iu, aF eibMwB [oAlIAY HAW fr WcW Vml �D✓`d'e! p SOUTI - LAKE HH IWl lllNH F�1i mm need fwoeai I m-N MYxHetGNLYW ww' eeai Wlea61 veeef(rwl rwcNemllurt •eG •00M 9^ rent epN! eeTYw AtNTP+Mlu�o Mt'n-rxn.1 v I rfa - �w-v- nNMMCrMbanVlf.2! Mn n w a M 0 I� IdAU MKII .YmSanneu ei. aLM! 0 sax' a ,wL:rer e�arnn..N rornarrw sLwmvrrN nae � 7 4I In PWFaR— RDS :U1"ARY CHART SUMMARY OMART- INTERIOR LAN17SI -APP L p mF owl' M aClb PmH� Poe RD l� rtl C y meM e! � �Jffl 1� v -n 1 �� PLAN ! v SITE FLA34 Z4CY5 -OD6 m •I, L.TD. EA yy S pp T pc UXrntldQ BLVD. p SOUTI - LAKE HH IWl lllNH F�1i mm AWEY, A-699, TR "02 ,7E %AS T air eaA1n rs Vosl s. aeeee.an PLAN .mom . S ' Blake Architects PWFaR— RDS :U1"ARY CHART ro -ia T1a!! r� 1� v -n rauta ao�Ary a n r .mom ae.a yr aaexrwre -n sax' sr nae sa� aY -M IWe enlr.ac v- n u aL as r u.� eeuu • n ��ol o.� " s"aiwn''" "'ut rww�vswwe aw�azn weovl� 6ma plsl a Lr[ eIM,lF.FbRMK � Mairt �INln - lMC:I.aR rRST �/fRtlL1.LLRMW11tlIaflMf l {eli 1Yi W11L11E Qtl �C A k I 5TREET Ll6kT ELEVATION Lrs i ii PATE. PSB..2 '2004 4I41W I Or 3 I-- l 1 o 0 c 00 v, I a� Nn 44 y} ' f 4, tir ,u A o S'�f� G f 4 it n ,/A fJ •. 1 5 ; ^ b j � ��,. �.. m 1 1�} 1 I r A - 111 I _fr ■�l ? ?IkI f15i wESY F- I- �'VATIOk - Y:W 1 1 0 A NMI I r r p T } 1 }�$ flT g .� -SW ELEVATIDH � QP21. EAST E1.EVATIOid s�'ugr�eas �� T� �� W'•f4 .V.00EV. y � Y�1� mi- SITE PLAJA ZAOS - —. M1bf }�,:�',r Ri bi��I; �. XG EAST .SCUT14LAKE al, LTD. N�f 7Pif16 7604 ..i� mJC� A W. Jim,ro¢ [:I V . it *L t _ 4 nP,FSn R I I I .I�.�/ tI��I L.IV 16�i/ I I ■� _ wNw sr�r�wfx�w�� � 1 TO ELEVATI©N5 -- - 8IY1• rLAN r OF SOUTHL p Slake Architects Iloaa trr uva N ELEVAtloN (� " U`" _�� x vnooc cm lo rwnom 66rfo6: mwmelras aananleeaa a.a ea .a A ��umwz a�mu nclT -rtm 16 na-� -m wnn/o.r.�_ i �ATEe MOY. IG, 3CO9 51- T 2 Or 2 Nn Id% BLAKE ARC H . ITECTS 1202 S. WI-dte Chapel. Road Ib Suite A Southlake, Texas 76092 817 -488 -9397 last Soutblake. #1, G.T.D. Proposed Permitted Uses and Development Regulations for "S -P -1" honing Permitted lJs This property shall be limited to the permitted uses as found in the "`O - 1" Office District as described in Section 1 of the Comprehensive Zoning Ordinance No. 480, as amended. Develoment Regulati ons This property shall be subject to the development regulations for the "O-l" Office District, and all other applicable regulations with the following exceptions: The cast building setback shall be 15 feet from the property line. RFCM J I r�'I 1 2 200 Case No. ZA03 -085 Attachment C Page 3 BLAI F CHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817-488-9397 February 2, 2004 Mr. Ben Bryner, Planner Southlake Planning Department 1400 Main Street Southlake, TX 76092 RE: East Southlake #i, L.T.D. 904 East Southlake Blvd,, Southlake, Texas .Dear Mr. Bryner, Item #1: The building setback of the above property shall be 40 feet where the lot abuts property znned as residential, as described in Section 43.11 of the Comprehensive Zoning Ordinance No. 4 80 . As the adjacent property on the east side will be developed as S -P -1 zoning with the base zoning as 0 -1, I am writing to request a variance for a 15 feet setback on the east side of the lot. Item #2- 1 also request a 10% reduction in the required number of parking spaces as some office rental may be professional office not requiring as much parking as shown. In addition, experience has shown that buildings exceeding 10,000 sq_ ft, do not use as much parking spaces. Item #3: The minimum spacing required between full- access drives on Southlake Boulevard (FM 1709) shall he 500 feet_ The driveway spacing between the proposed drive and the existing residential drive to the east is 262 feet. As the existing residential drive will be removed in the future, I request a variance for a 262 feet driveway spacing. If you should have any questions, please feel free to call. Sincerely, Roger (Ship) Blake Slake Architects CT) F E B 0 2 2004 Case No. ZA03 -085 Attachment C Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -085 Review No.: Four Date of Review: 02/13/04 Project Name: Site Plan — East Southlake 91, L.T.D. APPLICANT: East Southlake #1, L.T.D. ARCHITECT: Blake Architects Skip Blake 1344 Lakeview Drive Southlake, TX 76092 Phone: (817) 329 -0389 Fax: 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Phone: (817) 488 -9397 Fax: (817) 251 -3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/02/04 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 Complies Residential Adjacency Y Proposing a 15' side setback along the east property line Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 2 Lighting Y Must comply with Ordinance No. 693 -B A total of 106 spaces are required for this site based on the proposed medical use. The applicant is providing a total of 97 spaces. (A 10% reduction has been requested.) 2. Provide the minimum driveway spacing between the proposed drive and the existing drive to the east. The minimum spacing required between full- access drives on Southlake Boulevard (FM 1709) is 500 feet. (A variance has been requested.) INFORMATIONAL COMMENTS Under the "S -P -1" Detailed Site Plan District zoning the applicant proposes that the site will follow the permitted uses and development regulations found in the "O -1" Office District and all other applicable regulations with the following exception: Case No. ZA03 -085 Attachment D Page 1 Building Setback — The east building setback shall be 15 feet form the property line. * The proposed common access easements will be required to be dedicated on the plat. * 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 site is 65 %. * 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. 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 -085 Attachment D Page 2 Articulation Evaluation No.2 Case W. ZA 03- 085 1 Date of Eval uat i on: 02/13/04 El evat i ons f or East Sout hl ake #1, LTD Recei ved: 02/ 02/ 04 Front - facing: West VII I ht . 12 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 ? Nbx. vwal I I en t h 36 26 -28 Yes 36 30 -17 Yes • n. art i c. of f se 2 2 0°/ Yes 2 2 0°/ Yes • n. art i c. I en t 7 16 129°/ Yes 8 13 63°/ Yes Rear - facing East jwl I ht . 12 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 ? Nbx. vwal I I en qt h 36 26 -28 Yes 36 30 - 17°/ Yes • n. art i c. of f se 2 3 50°/ Yes 2 4 100°/ Yes • n. art i c. I en t 7 16 129°/ Yes 8 13 63°/ Yes Right - facing: South IWI I ht . d 12 Hor i zont al art i cul at i on IVer t 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 ? Nbx. vwal I I en t h 36 30 -17 Yes 36 30 -17 Yes • n. art i c. of f se 2 3 50°/ Yes 2 4 100°/ Yes • n. art i c. I en t 8 12 50°/ Yes 8 12 50°/ Yes Left - facing: North IWI I ht . d 12 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 ? Nhx. wa1 I I en t h 36 30 -17 Yes 36 30 -17 Yes • n. art i c. of f se 2 5 150°/ Yes 2 4 100°/ Yes • n. art i c. I en t 8 12 50°/ Yes 1 8 12 50°/ Yes Case No. ZA03 -085 Attachment D Page 3 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 03 -085 Date of Review: February 13, 2004 Number of Pages: 2 Project Name: East Southlake #1 L.T.D. (Site Plan/Zoning Change) OWNER \ DEVELOPER East Southlake #1 LTD. Phone: Fax: PREPARED BY: Blake Architects Phone: 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. In a conversation with the Applicant's Engineer he indicated that they could save the 13" Oak between the building and the right -of -way and reroute the on -site storm sewer to miss the existing Pine tree on the southwest corner of the property. He did not want to move the building back on the lot to preserve the Pecan Trees. 2. There are six (6) Pecans and one (1) Oak tree in front of the building and between the building and the right -of -way. Although the pecans are within the area of within 6' of the building pad, these trees and the 13" Oak could be preserved if the building were to be set back approximately 8' feet. This would allow for the foundation elevation slope to be worked into the existing grade and the preservation of the existing trees. 3. Since the 6 Pecan are located within 6' of the building pad they would not be required to be mitigated. The 13" Oak and 16" Pine tree and any other trees removed outside of 6' from the building pad and that are not in a utility and drainage easement where utilities are being installed or drainage improved, fire lane or parking area will be required to be mitigated in accordance with the regulations of the Tree Preservation Ordinance. (See the Non - Residential Development comment below) * 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 Case No. Attachment D ZA03 -085 Page 4 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 -085 Page 5 A z 1 %3 1 1 *CeM `C 'IMA -.UYd MV I kpNL VUN U36 whru � 311 - - - -- - - -- --- - - - - -- KY,. Ufa» ZOM LL .w *?w W. *.,M Win• IffV2 00. r CA RIV7� NOUV A'�-- 57Nd � a CC Ni vi o � �N Surrounding Property Owners East Southlake #1, LTD U 11 10 ILG\ 14 Case No. ZA03 -085 12 Land Use Owner Zoning 1. Southlake - Foxborough Ltd. SF -20A 2. Bank One / Homecomings Fin. SF -20A 3. Morrison, William & Coleen SF -20A 4. Teague, George & Consuela SF -20A 5. Long, John & Sallie SF -20A 6. Fruci, Leonard & Clarissa SF -20A 7. Dixon, Julius & Veronica SF -20A 8. Humphrey, Michael & Lillian SF -20A 9. Mendez Ltd. AG 10. Westerra Southlake Lp. AG 11. Southlake Partnership AG 12. Southlake Partnership C -3 13. Southlake Partnership C -3 14. Rucker, William & Zena AG 15. Mendez Ltd. AG Case No. ZA03 -085 12 Land Use Acreage Medium Density Residential 1.314 ac Medium Density Residential 0.461 ac Medium Density Residential 0.636 ac Medium Density Residential 0.619 ac Medium Density Residential 0.668 ac Medium Density Residential 0.471 ac Medium Density Residential 0.495 ac Medium Density Residential 0.477 ac Medium Density Residential 7.998 ac Medium Density Residential 16.340 ac Medium Density Residential 4.215 ac Medium Density Residential 2.819 ac Medium Density Residential 0.551 ac Medium Density Residential 6.700 ac Medium Density Residential 4.874 ac Attachment E Page 1 Surrounding Property Owner Responses East Southlake #1, LTD Notices Sent: Fourteen (14) Responses: None (0) Case No. ZA03 -085 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -432 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 3D2, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695, AND BEING APPROXIMATELY 1.94 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG " AGRICULTURAL 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 "AG" Agricultural District under Case No. Attachment G ZA03 -085 Page 1 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 -085 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 legally described as Tract 3132, situated in the W.W. Hall Survey, Abstract No. 695, and being approximately 1. 94 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural 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 specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. Case No. Attachment G ZA03 -085 Page 3 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 conunercial 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 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. Case No. Attachment G ZA03 -085 Page 4 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 filed 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 this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. Case No. ZA03 -085 Attachment G Page 5 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 -085 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -085 Attachment G Page 7 EXHIBIT "A" Being legally described as Tract 3D2, situated in the W.W. Hall Survey, Abstract No. 695, and being approximately 1.94 acres. FIELD NOTE 0ESCRIPT10N ALL of that certain tract or parcel of land situated in the W. W. HALL SURVEY, Abstract No. 695 and containing the tract described in the deed to Mendez. Ltd. as recorded in Volume 12256, Page 2215, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows' BEGINNING 5/8 inch steel rod found for the southwest corner of said Mendez. Ltd tract and being the southeast corner of Lot 2, Block 2, Foxborough, an Addition to the City of Scuthloke, Tarrant County, Texas as recorded in Cabinet A, Slide 3999, Plat Records, Tarrant County, Texas, said point also being in the northerly right —cf —way line of Scuthlake Bouievord (F.M. Highway 1709); THENCE North 00 degrees 45 minutes 05 seconds East with the westerly boundary line of scid Mendez, Ltd. tract, 404.09 feet to a 1/2 inch steel rod with cap stamped "MCAK SURV INC" set for the northwest earner of same; THENCE North 89 degrees 55 minutes 30 seconds East with the northerly boundary line of said Mendez, Ltd. tract, 210.09 feet to e 5/8 inch capped steel rod found for the northeast corner of some; THENCE South 00 degrees 53 minutes 19 seconds West with the easterly boundary line of said Mendez, Ltd. tract, 403.91 feet to a 5/8 inch steel rod found for the southeast corner of same and being in said northerly right —af —way line of Southleke 8eulevcrd; THENCE South 89 degrees 52 minutes 25 seconds West wlth said northerly right --of —way line, 209.12 feet to the place of beginning and containing 1.9437 acres of lard, more or less. Case No. Attachment G ZA03 -085 Page 8 o 0 c 00 . v, i 1"r t7 V � Q � ------------ q00 G�+5 5GJ1 MLPXL EL fMM�IWY H0. C104Y _ I I I P051F. cola< slaw noonNe — -- ------ -- - - -- - 51TE' ATA WIMARY CHART 0 se a gi 5TREET LIGHT ELEVATION VIGNITY MAP BVFFEFZfAR9f fSLMM RY GiART 0 40 CAST SoOK -1 BLY. rIm w" sucier, a .. 9 2 WVR.AXC, le.A5 - a q 9 :K MNVY6 q 1 saelaaa f?llY b -n r a >v Tl6 �eiYl/IeJ6Ntele / �O)p1ww�111��1��i�ww�u! fLL ne4IDmfe 5TREET LIGHT ELEVATION VIGNITY MAP $IT)r PLAN 0 40 CAST SoOK -1 BLY. rIm w" sucier, a .. 9 2 WVR.AXC, le.A5 - a q 9 WP1 Tw $IT)r PLAN 0 40 CAST SoOK -1 BLY. rIm w" sucier, a .. 9 2 WVR.AXC, le.A5 - :K MNVY6 q saelaaa f?llY b -n q J >v Tl6 �eiYl/IeJ6Ntele / �O)p1ww�111��1��i�ww�u! fLL ne4IDmfe a! IeeOtl9P ��� M� i.ILLY �mYl �� gwPaurva.wn[alafe iaYYlef MMWJa eVSO�f!!D fSiRMK'RY GNAR4 -I NTL'RIOR LFLJIJSG1ooAPG ♦,�a,t A[+Na'n T4Mf CR rH l.@a Pfau! ild WaM len nl y! Il6 Rl p � ? iH./r. qY PY15 r! ,J,J � O male b e SITE PLAN .SlIr PLAN CITY or 60UTMLAKE EAST � 5 y 0 T V � THLA#GE 01, LTD. color Fill, YiC LCiPs TANOW COA M, M" TlGfi ofR fPRtllalM {LTA y PRwa/YI ' L $IT)r PLAN 0 40 CAST SoOK -1 BLY. rIm w" sucier, a .. 9 2 WVR.AXC, le.A5 SITE PLAN .SlIr PLAN CITY or 60UTMLAKE EAST � 5 y 0 T V � THLA#GE 01, LTD. color Fill, YiC LCiPs TANOW COA M, M" TlGfi ofR fPRtllalM {LTA y PRwa/YI ' L Blake Architects im ns fu¢ DATES FEB. 2, 7004 5MECY 1 Or 3 td H� H n Kw Id% BLAKE ARC H . ITECTS 1202 S. WI-dte Chapel. Road Ib Suite A Southlake, Texas 76092 817 -488 -9397 East Soutblake. #1, G.T.D. Proposed Permitted Uses and Development Regulations for "S -P -1" honing Permitted lJs This property shall be limited to the permitted uses as found in the "`O - 1" Office District as described in Section 1 of the Comprehensive Zoning Ordinance No. 480, as amended. Develoment Regulati ons This property shall be subject to the development regulations for the "O-l" Office District, and all other applicable regulations with the following exceptions: The cast building setback shall be 15 feet from the property line. RFCM J I r�'I 1 2 2004 Case No. Attachment G ZA03 -085 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -085 Page 11