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Item 8ACity of Southlake Department of Planning STAFF REPORT March 31, 2004 CASE NO ZA03 -094 PROJECT: Blue Haven Pools REQUEST: On behalf of Z & E Land LLC /PC, Welch Engineering 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 -433 Full Size Plans (1br Commissvion and Council Members Only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -094 BACKGROUND INFORMATION OWNER: Z & E Land LLC /PC APPLICANT: Welch Engineering PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan for construction of an additional ± 3,800 sq. ft. office building and parking area on the lot. PROPERTY SITUATION: 1621 E. Southlake Boulevard; on the southwest corner of E. Southlake Boulevard and Miron Drive. A 6,200 sq. ft. office building currently exists on the lot and is to remain. LEGAL DESCRIPTION: Lot 5, Block 1, Miron Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: "C -2" Local Retail Commercial District REQUESTED ZONING: "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial District uses. HISTORY: -A final plat for the Miron Addition was approved by City Council on August 7, 1979. -City Council approved rezoning to the "C -2" district with approval of Zoning Ordinance No. 480 on September 19, 1989. -A plat revision was approved by City Council on December 1, 1992. -A site plan for renovation of the existing ± 6,200 sq. ft. office building was approved by City Council on May 19, 1998. TRANSPORTATION ASSESSMENT: 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. Existinz Area Road Network and Conditions The proposed site will have one (1) full- access drive directly onto E. Southlake Boulevard (F.M. 1709) and one (1) full- access drive directly onto Miron Drive. The drive on E. Southlake Blvd currently exists. The drive currently exists on Miron Drive as well and will be a shared drive with the property to the south. E. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous, Case No. Attachment A ZA03 -094 Page 1 two -way, center left -turn lane. The roadway will ultimately be widened to a 7 -lane roadway. Mixon Drive is a local level cul -de -sac only serving the existing uses on the roadway. May, 2003 traffic counts on E. Southlake Blvd (between Kimball Ave & Carroll Ave 24hr West Bound (WB) (22,204) East Bound (EB) (22,761) WB Peak A.M. (1,277) 11 — 12 a.m. Peak P.M. (2,067) 5 — 6 p.m. EB Peak A.M. (1,833) 7 — 8 a.m. Peak P.M. (1,475) 5 — 6 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Office 3,800 42 5 1 1 5 Existing Office 6,186 68 8 1 2 8 Total 9,986 110 13 2 3 13 *Vehicle Trips Per Day "The AM /PM times represent the potential number of vehicle trips generated during the peak travel times on Southlake Boulevard. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8' multi -use trail is required along the south side of E. Southlake Blvd. The trail is shown on the site plan. WATER & SEWER: A 12 -inch water line exists along the south side of E. Southlake Blvd. A 6- inch sanitary sewer line exists along the west side of Miron Drive and along a portion of the south side of E. Southlake Blvd. TREE PRESERVATION: It seems that the applicant is making a good -faith effort to preserve as many of the existing trees on the property as possible. P &Z ACTION: March 4, 2004; Approved to Table on Consent (6 -0) to March 18, 2004. March 18, 2004; Approved (6 -0) subject to Site Plan Review Summary No. 3, dated March 12, 2004; providing the driveway onto Southlake Boulevard is converted to right in only; dropping 8 parking spaces; requiring stone in place of the cement block; and remove the impervious coverage provision for individual lots. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 12, 2004. Under the "S -P -1" Detailed Site Plan District zoning the applicant proposes all "C -2" local retail district uses and regulations with the following exceptions: • Maximum Impervious Coverage — The maximum impervious coverage for Case No. Attachment A ZA03 -094 Page 2 the site as a whole shall not exceed 76% of the total existing lot area of Lot 5, Block 1, Miron Addition. If Lot 5, Block 1 of Miron Addition is subdivided to allow each of the two buildings on its own lot, the new lots shall not individually be subject to the impervious coverage requirement. • Bufferyards — The portion of the north bufferyard east of the existing drive shall be a 10' — Type "E" bufferyard. All driveways on this property are existing. An increase in traffic generation of 20% or more requires that the existing driveways be brought into compliance with the Driveway Ordinance No. 634. The following variances are being requested related to the existing driveway accessing E. Southlake Boulevard: • Driveway Stacking — The minimum stacking required for the existing drive on E. Southlake Blvd is 38 feet. The existing stacking depth is 8 feet. • Driveway Spacing — The minimum full access driveway spacing on Southlake Boulevard (FM 1709) from the intersection and any other full access driveway is 500 feet. The nearest intersection to the east is 109 feet and the nearest driveway to the west is 305 feet. N: \Coimuunity Development \WP - FILES \MEMO \2003cases \03- 094ZSP.doc Case No. ZA03 -094 Attachment A Page 3 Vicinity Map Blue Haven Pool 1000 0 1000 2000 3000 Feet N Case No. ZA03 -094 E Attachment B Page 1 o 0 c I 1"r 1"r N - T -- �,.- --- ".�'�� - SS952Y6'E •. 2]3.76 -__. - - - - - [x1Sl xo111c S `c2' __ _ I _ _� . "- ___ _ __ — 1ar,•L Eal wES .s ass sa rT / .ss r __ b I 6aT wvLW 6 9. PxVOSEE &IIE Y M% Ey G ' ' � � I � � roE� wT mvEE.x e. Es1sr lNC auumle is -xfiE :: � — -" ` QEµ ` ➢ - � I a � � a,lst¢ sr.s.•rE. �. ,a r a�xnNErl t*+�cuT I � ,axAE e.Rmxc Na . x sR- x- I1AS aN1 !/ / /.•r'1" Ib!' /7'Iil� sE. ssx sa r.. urrlu —ulrr � � eM N£N la0b 69 r Ins sa.r ss 1 aAEi /39os0 $ n:sa i R- 6123' .rr PROPOSED „ r T -xos Pn 1¢. ., 1 ���r :tu.l �- ONE STORY !V I L -szor s n'i t n OFFICE BUILDING a -w6• Le- sT76rsrw w , u ewEnAa sar w Fl, l:a -]. :' P I IAam sr) a� , mew 1�1 � s j f e Nsvax.h 8� Q rm. I cexassLL I r^r --,I r..g I O El w wvcu wew-wa xesv xeaa ur. 1 T -1 a.a7' L_ w L7- SUMMARY CHANT - HIIPPERYAR ➢5 _ - - -- _- - 39.72• uuauN/ ewta/ rt�vw�uiAiwa n f e�mra rxn lrn•E.�.31' __ _ _ wC r #uF iN rEIT � w P nEr�w'a W • -� C wwq — _ 9�� YSlo6 ,a 1 U1aESS mwE '� wT ¢ .ACx ¢ eure 9 ,r!J / /.il IlJ fi Sul r7X - IR /f T ' �rxssi.°Pwe� °1ns,6 ierxxcE rsx.n raE sE PwE � vaaecr _ _ ar scPw4rE tlsT14,. x1Nax allsE m1E� eE 6wc 6PC1 �"w�o r saamrxE rro.•uw w s gg EAST SOUTHLAKE BOULEVARD (FM 1708) R. ZZ 7rN e6sxER Y r4E E I.Y.vG FUv4npN - esiw . F n�,..a r cc«ExErt LOCATION MAP SITE DATA SUMMARY: SITE PLAN ` LOT 5, BLOCK 1 MIRON ADDITION se:n PS nlmmnrwa.uu av ur.v mm rumrm AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING SITUATED IN THE JOHN A FREEMAN SURREY, ABSTRACT NO. 529 SUMMARY CHART - INTERIOR LANDSCAPE LKGEND JANUARY 2004 4 LOT 1.035 ACRES •••ira....I rNa O Wm.,k .e., oNNEemevaorER. nrsxEm a�nvxmn BUIE HAr PODLS MCH ENGINEERING. C. NUTAN AND CRANED.-, LLC 669 E. ME AY 121 1106 GAGE mw. wx P 3900 5011TH FREEWAY L £NUF, TEXAS 7.57 RIG9AN0 ( OR )) H ­LS. TCxAS 791.0 (F(ORT)) NORTH. TEXAS ]6110 Emrea a . r 1EV Irr er u'r ru+Nl uh • r (972 316 AG10 (fAX) (91]) 5R9 -0990 (FAX) `BI7) '02.- 2b -9]47 (FAX) • r naveru REOSED: FTBRUARY 16, 2.64 GTY C ASE N0. ZA03-D94 1 o a M! OR 0 CA57 C ��in� � uir RECD FER 1 9 2nP4 ,ffv15A9M5 " n Lot 5, Block 1, Miron Addilion (Blue Have Pool) Proposed Permitted Uses and Devclopm nt R gulations for "S-P- I " Zoning; This property shall be limited to permitted uses as found in the "C -2" Local - )detail Commercial District as described hi Section 21 of the Comprehensive Zoni rig Ordinance No. 450, as amended, Development Re ulations This property shall be. SUbject to the de- selopmcnt regulations for the ` -2" Local - Retail Commercial Distrk.t, and $ll other applicable regulations "rith the fbllowing exceptions: The Maximum imtxrviuus coverage for the she as a whole shall not exceed 76 lx.rc:c:nt of the total I-at area. If the site is subdivided in the future, individual lots may exux.d the pre }prsed impeuvious coverage. Tho portion of the. north bufl'eryard east of the existing drive shall bq- a 10 Type "°E" bufferyard, Other regulations that will allow for the possibility of subdivi -ling the property, RF Case No. ZA03 -094 Attachment C Page 3 W ELCH ' E NOWEMRIKO, I Col'' -UL T/NG ENGINEERS March 11, 2004 Be*ikr)Me'r CrrY OF s ourtILAKE '7 � - D,Vartmeni 1400 Main Street "'Routhixice, Texas g6G92 REF: BLUE HAVEN POOL - SITE PLAN AND ZONING RESUBLIMITTAL As part`o the site-pian-and 0Mirtu3pprovu we are mqutsting twa(2) re&'Y.Clopmentki this property. The two variances are based on the city of Sottthlake requirements on driveway spacing ,and driveway=ckmg. �ttbmit tite #ellaw%nb rtquESt Currently there are two existing driveways onto E. Southlake Blvd. from this fropetty. - C?nt-clriveway-is canst racted --itl; is a gravel drive- The concrete driveway is currently being use: for ingress /clTess to the ex I ning f itty. The co=ne dnvv"Y- iszA'T+ent4y 4 35 &at- west- of:Artiron Drive, centerline to centerline, and does not comply with city regulations. With the addition ofthcTmw offite th�stig*wtway is proposed to remain in place. The existing gravel dnve will be abandoned and removed from `the- pre3:rty. 2. At this same existing concrete driveway, the existing = facility has - existing parking spaces. - Oar flient-has-Tugttestedto The existing parkin; spaces as of today do not conform to the required stacking dis- ncc - aS - recinired - byxity - orchnnt , t. The paAtng- space3 -are proposed to lie restrtpped as handicap spaces will not have the same usage as atypical vehicle 'pa rk-mg- spaces. Thank you for assistance on this project. if you have any questions, please contact this office. Sincerely: WELCH ENGINEERING,"INC. r imothy 3= Weich, - P E. CC. flick Martin " 1WEIV6bl2GU2H _Bry�r;5ite�9tanrosrrrrte ttcycresi,�7��{�4+u6d 4'1bg cugle' Drive , - D Nltyrth Richiand f{+lls, -TX 76180 — 817- 284 -1 ] 75 --fix 8 17- 589 -0990 • Metro 817 - 589 -2900 Case No. ZA03 -094 Attachment C Page 4 14rff�z� W mxat i ENo - - s Iii C ONSU L 771VG ENGINEERS January 26, 2004 Ben Bryncr CITY OF 9011THLAKEs Plannil7g DeNrtment 1400 Main Strcct SOUthlake, Texts 76092 REF; BLUE HAVEN POOL - SITE PLAN RES[; BIMr1ITTAL Mr. Bry acr; We have received the city comments regarding Me Blue Haven Pool property dated Dcccmber 29, 2003, II appears the city is con about two issues with the "per'ty an d impact of development to surrounding conditions_ 1 First issue is with impervious coverage of the property and the second is with the location of the drivc4vay'. In regards to the first issue, the city has recornmendcd to rczoneto "S - - and request thr maximum irnperv cov erage for the site to 75.24%, This letter will serve we are requesting the ":S -P - "zoning and we have included the development regulation_ The second item is the location of the driveway to serve the development. l know the cit3 understands there is already an cxislin?, driveway at This location, With the proposed improvements, wee are not iToodif ing the driveway for this addition. The drive way was built whey? the original building was constructed. We understand the city issue is regarding the location to the Future right turn lane Onto Miron Drive, Bven the proposed FM 1709 construction plans have incorporated the existing driveway. In fact, the plans show two dritewayS along the frontage ofthis property. Our Client is against moving the driveway to the wt' st property line due to the following, concerais-. I. Moving the driveway off FM 1709 impacts the development of the site with access drive and size and location of the building. 2. With the drivcway to the west lime ellminatcs the following tr"s; 2-30" Perron, 1-20" Elm and 1- lb" Pecan. 3_ The drivewky in the west location will create more ofadver5e effect than leaving the 4:xislingt VVIA -say in place, M y client had indicated in consideratio of leaving the existing driveway as shown, Ilicy would elirninatc the send driveway to the west and all [ow TxT)OT to construct a larger turning, radius on the. driveway when TxWT makes the improvements: We have addressed the engineering and planning comments as well and the revisions have been incorporated in the plans. As required for the Site Plan resubmittal, picric find the iullowing ilrms for review and ': �, V:' Ie. t' Jobti2U _Site_Fl�i�s_dbminal_01�fi4+ �+pd Z P, Case No. ZA03 -094 Attachment C Page 5 December 15, 2003 STATEMENT OF BUILDING USE AND OPERATION To Whom It May Concern The proposed 4,068 SF, one -story building is to be located on the same lot with 1621 E_ Southlake Blvd., and is pla,rmied to be built Mth the ability to be sub-divided into no more than four indcpc rideK legible ofFi cc spaces, with operations similar to the existing facility_ Each space wilI have a private, accessible uniwx tenet area and access through doors at both the front and rear. Build of each space wiII occur as the leases are. cxecutc td, and will comply with all local codes and ordinances. Bath buildings are expected to share site amenities such as trash collection and parking. Respectfully Submitted, Rick Martin, NCARB Architect iUck 11w min, WARE, 3303 PutttinWnn Drive, CoUcywi 11c, TX 7 , (] 17) 1� Case No. ZA03 -094 Attachment C Page 6 PROPERTY DESORIPT ON BEING a 1,035 acre tract of land situated in tho JOHN A. FREEMAN SURVEY, ABSTRACT N0,529 and berg all of Lot .5, Block 1, Miron Additlon. an addition to the City of Southluke, Tawfont County, Texas according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Taaxont County, Texas, Said 1.435 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING of a point at the intersection of the sauth right —of—tray fine of East Southlake Boulevard (a 130 right —of —way) and the west right —of —way line of Won Crive (a 56' right —of —way), said point being the northeast corner of sold Lot 5; THENCE SWD7'42„ W. along sold crest right —af —way live, a distance of 80.00 feet to a polrmt at the beginning of a curve to- the right hawing a radius of 161.23 feet and whose long bears 31n3'5VA a distance of 6649 feet; THENCE continuing along sold west rlght— of —woy lone, along acid curare to the right, through a central angle of 23 on arc length of 67.17 feet to a polnt at the end of said curve; NME 4'bb'bCl`W, continuing along Bald west right —af —way line, a distance of 18,51 feet to o point at the begrnning of a curve to the left hating o rod1us of 1135,43 feet and whose: long chord bears 517^5WWW, a distance of 39,72 feet; THENCE continuing along said west rlght —of —way line, along avid curve to the left, through a central angle of 12°06'41 ", an are length of 39,79 feet to o point at the end' of said curve for the southeast comer of sold Lot 5. sold point also being the northeast earner of Lot 4, Block 1, sold MIron Addition, THENCE N8952'29 "4f, leaving said west right— of —woy line, Nang the eomrnon Ilne of said Lot 4 +and Lot 5, a distance of 200,31 feat to a point in the east line of Lot 6, Black 1, sold Won Addition, said point being the southwest comer of said Lot 5 and the northwest corner of said Lot 4;. THENCE 001031'E, along the common Ilne of sald Lot 5 and Lot t,, a distance of 200_UU feet to a point In the aforementioned south right —of —way Fria of East Southloke Boulevard, said paint being the northwest corner of sold Lot 5, and the northeast comer of said Lot 6; THENCE 'S69'52WE, along the south right —of —way Ilne of sold Eost Southlake Boulevard, a distance of 23176 feet to the POINT OF BEGINNING and containing 45055 square feet or 1.435 acres of land. SHEET 1 OF 1 Case No. ZA03 -094 Attachment C Page 7 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -094 Review No.: Three Date of Review: 03/12/04 Project Name: Site Plan — Lot 5, Block 1, Miron Addition (Blue Haven Pools) OWNER: Blue Haven Pools 669 E. Freeway 121 Lewisville, TX 75057 Phone: (972) 316 -8662 Fax: (972) 316 -8610 ENGINEER: Welch Engineering Timothy J. Welch, P.E. 4109 Cagle Drive, Suite D North Richland Hills, TX 76180 Phone: (817) 589 -2900 Fax: (817) 589 -0990 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/16/04 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. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: This site addition will increase daily traffic by 20% or more and therefore the site must comply with spacing and stacking requirements. a) Provide the minimum driveway spacing on E. Southlake Blvd. The required driveway spacing on Southlake Blvd from an intersection is 500 feet and the provided distance is 109 feet. The required driveway spacing on Southlake Blvd from the next full -access drive is 500 feet and the provided distance is 305 feet. (A variance has been requested.) b) Provide the minimum driveway throat depths for stacking. The required stacking depth for the driveway accessing E. Southlake Blvd is 38 feet and the provided depth is 8 feet. (A variance has been requested.) c) Dimension the depth of all points of ingress /egress to the site and the distance to the intersection from the driveway on Miron Dr. 2. The following changes are needed with regard to easements: a) The proposed 20' drainage easement for the storm water improvements must be dedicated on a revised plat or by separate instrument. If done by separate instrument, provide a filed copy of the instrument to the City prior to receiving a permit for construction. b) A common access easement is required for the shared access drive on Miron Drive. The CAE must be dedicated on a revised plat or by separate instrument. If done by separate instrument, provide a filed copy of the instrument to the City prior to receiving a building permit. INFORMATIONAL COMMENTS Case No. ZA03 -094 Attachment D Page 1 No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that a portion of this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a 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. Attachment D ZA03 -094 Page 2 TREE PRE.SERVATION ANALYSIS (Niue- Residm6al Development) Case: 03 -094 Date or Review: February 5. 211114 Project :Name: Blue Haven Pools OWNER 1 DEVELOPER Blue I laven Pools Number or Pages: 1 PREPARED BY: Welch Engineering. Inc. Plane.: _ Phone: Fax. Fax: THIS ANALYSIS I5 PREPARED AT THE TIME OF REVIEW 01 "a 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) 451 -5640 019 01 DI U9 *1 0013 One (1) existing 15" Oak tree is proposed to be removed for the construction of the rear parking lot, All of the other trees on the site are proposed to remain. 2. It seems that the applicant is making a goof -faith effort to preserve as many of the existing trees on the property as possible. A parking lot island could be placed within the parking lot to try and preserve the existing 15" Oak tree that would need to be removed to guild the parking lot. But, Since the tree is closer to the middle of the parking lot the tree would be placed too close to the edare of the landscape island curb to properly preserve it. 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 flan, 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 replacement requirements listed in Section 7 of the Tree Preservation Ordinance. of the development shall be subject to both the tree replacement and the requirements, and all other provisions of the Tree Preservation Ordinance. Case No. ZA03 -094 not to the tree All other areas tree protection Attachment D Page 3 Surrounding Property Owners Blue Haven Pools 1 II 3 EA Owner Zoning Land Use Acreage 1. Pkb Enterprises Ltd DT Town Center 40.54 ac 2. The Shamrock Pipeline Corp C -3 Retail Commercial 0.41 ac 3. 98 Hm Southlake, Lp C -3 Retail Commercial 2.27 ac 4. Miron, Gary A & Janice L C -2 Office Commercial 0.51 ac 5. Art of Long Driving Inc B -1 Office Commercial 0.604 ac 6. Ewan, David B -1 Office Commercial 0.50 ac 7. Lannom, Billy C B -1 Office Commercial 0.75 ac 8. Wetrich Realty Lp B -1 Office Commercial 0.689 ac 9. Rocky Mountain Holdings Llc S -P -1 Office Commercial 0.961 ac 10. Matarangi Ltd B -1 Office Commercial 0.73 ac 11. Southwestern Bell Wireless Inc B -1 Office Commercial 0.924 ac 12. City Of Southlake CS Public / Semi -Public 1.50 ac 13. Schelling, Martin W Tr S -P -2 Office Commercial 4.823 ac 14. Taylor, Earnest E Jr 0-1 Office Commercial 1.522 ac 15. Bruton, Paul R & Doreen S -P -2 Office Commercial 1.00 ac 16. Z & E Land Llc C -2 Office Commercial 1.035 ac Case No. Attachment E ZA03 -094 Page 1 Surrounding Property Owner Responses Blue Haven Pools Notices Sent: Fifteen (15) Responses: None (0) Case No. ZA03 -094 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -433 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 5, BLOCK 1, MIRON ADDITION, AND BEING APPROXIMATELY 1.035 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C- 2" LOCAL RETAIL 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 "C -2" Local Retail Commercial Case No. Attachment G ZA03 -094 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 -094 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 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas, and being approximately 1. 03 5 acres, and more fully and completely described in Exhibit "A" from "C -2" Local Retail Commercial District to "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ". Case No. ZA03 -094 Attachment G Page 3 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 zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions Case No. Attachment G ZA03 -094 Page 4 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 this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Case No. ZA03 -094 Attachment G Page 5 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 -094 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -094 Attachment G Page 7 EXHIBIT "A" Being Lot 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas, and being approximately 1.035 acres. Case No. ZA03 -094 Attachment G Page 8 o 0 c EAST SOUTHLAKE BOULEVARD (FM 1709) a i� i� n il/ yy�y u°�1: oar $ I 1 PROPOSED '! II h ONE STORY OFFICE BUILDING I y I (1a°6 sq I I Ji:h'r'.1 IURI %7l g��I - �neA:� I m I��aE oit•o +- �alr�:m�a ° ISO�� W I—I y E Mw LOCATION MAP SITE DATA S' •:. w�nv - -- ��-- 1 "- - - -�'— !allL La! MG. °y.MR Sy.R. /I.yu nexFs _ aws&Ir LoY mv[vff ®e weroasEO NI�61pa. a. wF __ 18 � 1 ? aERSCx! Le! • • xl ! xc ax�Oxn. Is xrs � (K _ WEX Sono � 4TaY�ER z � e,lytDC :,9R,vE a. 6a„al c 11 1— ­TW - - Illlt/7l ILiP /7IrrC w ya_rr. uDm et ss' e rawy sa.oe' t -6] C� .,r L6F2n3'Si'W Bi69' o s�cys,xu N.e• .r w! - t. � Il l I ,ve[RVf 905 my ­01 N 1ty.— ? v1 $ 0 L So 79' •••• • � aelwuY9 wua seAeE.., �.EY! C E SITE PLAN LOT 5, BLOCK 1 MIRON ADDITION AN ADDITION TO THE CITY OF SWTHLAKE. TARRANT CWNTY. TEXAS AND BEING SITUATED IN THE JOHN A FREEMAN SURVEY, ABSTRACT NO. 529 JANUARY 2004 T LOT 1.055 ACRES DBNFHtlEYFL�ER cutyusFR. aiRNPVrn- REYE NA \EN POOLS WELCx ENgHEFRIHG, INC. MITT- AND CMI'FORO, LLC 69 6 FREEWAY 121 11D9 CAGLE DRIVE. SIN1E D 3904 9O.1IN FREEWAY lFAAS 1w 1 RICILLANO WLLS. 1FXA5 Im. TE %A5 76,10 ( I ( EM15 )) —. ( MAT ) MIXtTN. ((�)M) (9]2) 3f6 -RG 1 (FAY) (81)) 5&9-W 0 (F0.[} (Rf 928 -934] IF-) kFn6E0: fE9RNARY 18 2 GlY CASE N0. ­1­1 W I—I y E Mw Lot 5, Block 1, Miron Addilion (Blue Have Pool) Proposed Permitted Uses and Devclopm nt R gulations for "S-P- I " Zoning; This property shall be limited to permitted uses as found in the "C -2" Local - )detail Commercial District as described hi Section 21 of the Comprehensive Zoni rig Ordinance No. 450, as amended, Development Re ulations This property shall be. SUbject to the de- selopmcnt regulations for the ` -2" Local - Retail Commercial Distrk.t, and $ll other applicable regula dons "rith the fbllowing exceptions: The Maximum imtxrviuus coverage for the she as a whole shall not exceed 76 lx.rc:c:nt of the total lot area. If the site is subdivided in the future, individual lots may exux.d the pre }prsed impeuvious coverage. Tho portion of the. north bufl'eryard east of the existing drive shall bq- a 10 Type "°E" bufferyard, Other regulations that will allow for the possibility of subdivi -ling the property. RF Case No. Attachment G ZA03 -094 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -094 Page 11