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Item 7ACity of Southlake Department of Planning STAFF REPORT April 14, 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: 1. Conduct public hearing 2. Consider 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 -433 Full Size Plans (for Commission 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. PATHWAYS MASTER PLAN: 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. 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. CITY COUNCIL 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 eliminating the provision for division into two (2) lots and approving only one (1) lot as submitted. ACTION: April 6, 2004; Approved first reading on Consent (6 -0) subject to the recommendation of the Planning and Zoning Commission and subject to eliminating dry cleaning, dying and pressing works, laundry and Laundromats; and tires, batteries and automobile accessory sales as permitted uses. Case No. Attachment A ZA03 -094 Page 2 STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 12, 2004. The applicant has modified the site plan and "S -P -1" letter to reflect the changes proposed in the motion by the Planning & Zoning Commission and the motion made by City Council at the I" reading, with the exception of showing the "right -in only" on the driveway intersecting E. Southlake Boulevard. However, the applicant has indicated to staff their acceptance of the conditions of approval given at the first reading. Under the "S -P -1" Detailed Site Plan District zoning the applicant proposes "C -2" local retail district uses and regulations with the following exceptions: • Maximum Impervious Coverage — The maximum impervious coverage for the site as a whole shall not exceed 73% of the total lot area. • Bufferyards — The portion of the north bufferyard east of the existing drive shall be a 10' — Type "E" bufferyard. • Parking — The required number of parking spaces shall be 35 spaces. • Uses — The following "C -2" uses shall not be permitted: • Dry cleaning, dying and pressing works; laundry and Laundromats • Tires, batteries and automobile accessory sales 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: \Coimnunity Development \WP - FILES \MEMO \2003cases \03- 094ZSP.doc Case No. Attachment A ZA03 -094 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 m l"r v �I— 'F-'r` cam.— kEruw S I I,i PROPOSED 1 T) ONE STORY N, OFFICE BUILDING ! fa.cee J //rut lF+171T1ON � z - a �,a:nnwa SUYNARY s 051ART `BUT•Tr6RYARDS man d --w .-..rte I aa, I moo.+ .oa:.w w= I I LEGFI�'0 wosswt .oc�� 191st unAwicP kA6'' M •r -ex.ra L b j u m r �7 iWE s � � f L+L YR I d fr]ROV ,0D17,'0N N 9 y 1 y 1 SITE DATA SUMMARY- [b l tM6iM.Y11M OR1aw I $ • � ? i I �R g�l� l'QrAlZ,6 eT sDIRt IND WlLDIRD: 15. ZbF � I A3 p 0 � DPEM YMY P[RCFriKE: al. bSs F O e � a S Rao WIL— Aua..1. so Fi. 1— rasTRnc„IWI Il � 54O�R 1 TmAL s9.x,. er >rsE: xe au w �T w I dflR0,V ADDITION - ER,R. Ac1Lni � - r,raensi+nw :cmt 'c_:• rmra nxa .xA: um so.rl. tr235a'IY 1 u; + R�IBe.23 � krW IRED. Se 1n SP R r10. lD W SC i s9 F�r.)� wa /soos9. T -3.c. rkDPrDrD 33 S,w ArcESS, . 3 �LWA :61E�E1 L -6] LCr51 Z'OS S1W f Na6H+6 <ui3 -1 BGE7 ) I rwERVtau cev[R,u u.Rxs son f usl Y ,y o f ° - a Y� trlaWR•m T�18.9i Lfr51]56'89'W' PL•X'N t .4 J!!R �T 1 (1,1r 0DITlRN � � i• SCTE PLAN L"• LOT 5 BLOCK 1 ' MIRON ADDITION AN ADDITION To THE ctTY OF SOUTHLAKE. TARRANT COIJNTY, TEXAS AND BEING SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 JANUARY 2004 1 LOT 1.035 ACRES 4 .9NNER/OEKLORER ruDlu€ €R� vWKVrn 1 DLI1E HALEN P0065 L. LNLIHEEIUN6, HC. DRITTAIN AND CDAAFDRD, LLC '- I 2D]5 S 5TE11WOH5 FR£—Y 4104 C151E DRIW. SUITED 1-1 ]e1M 3408 SOUIH FREeriAY W n— n— (1 UR W ) M ) R-0 HLLS, WXAS — —11. TEXAS ]6110 )) IT vR1E iZ, 2RDa (9]Z) 316 -8610 (I.) (elT) 889- -0999 (FAX) (Dl]) I)2.- D -934] (FAX) ,EBRII.1 16 2O01 CIIY CASE H6 ]F03 -091 _ — - sop 6LDC1.'/ rkc rD „E aN. Lr swa uAESS , .EP IX r � S J' ':' EAST SOUTHLAKE BOULEVARD (FM 1905) " io" " Ra anvTrD a+w c9RHU a MALI REVAi41 ESI.P. E' R .. LOCATION MAP �I— 'F-'r` cam.— kEruw S I I,i PROPOSED 1 T) ONE STORY N, OFFICE BUILDING ! fa.cee J //rut lF+171T1ON � z - a �,a:nnwa SUYNARY s 051ART `BUT•Tr6RYARDS man d --w .-..rte I aa, I moo.+ .oa:.w w= I I LEGFI�'0 wosswt .oc�� 191st unAwicP kA6'' M •r -ex.ra L b j u m r �7 iWE s � � f L+L YR I d fr]ROV ,0D17,'0N N 9 y 1 y 1 SITE DATA SUMMARY- [b l tM6iM.Y11M OR1aw I $ • � ? i I �R g�l� l'QrAlZ,6 eT sDIRt IND WlLDIRD: 15. ZbF � I A3 p 0 � DPEM YMY P[RCFriKE: al. bSs F O e � a S Rao WIL— Aua..1. so Fi. 1— rasTRnc„IWI Il � 54O�R 1 TmAL s9.x,. er >rsE: xe au w �T w I dflR0,V ADDITION - ER,R. Ac1Lni � - r,raensi+nw :cmt 'c_:• rmra nxa .xA: um so.rl. tr235a'IY 1 u; + R�IBe.23 � krW IRED. Se 1n SP R r10. lD W SC i s9 F�r.)� wa /soos9. T -3.c. rkDPrDrD 33 S,w ArcESS, . 3 �LWA :61E�E1 L -6] LCr51 Z'OS S1W f Na6H+6 <ui3 -1 BGE7 ) I rwERVtau cev[R,u u.Rxs son f usl Y ,y o f ° - a Y� trlaWR•m T�18.9i Lfr51]56'89'W' PL•X'N t .4 J!!R �T 1 (1,1r 0DITlRN � � i• SCTE PLAN L"• LOT 5 BLOCK 1 ' MIRON ADDITION AN ADDITION To THE ctTY OF SOUTHLAKE. TARRANT COIJNTY, TEXAS AND BEING SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 JANUARY 2004 1 LOT 1.035 ACRES 4 .9NNER/OEKLORER ruDlu€ €R� vWKVrn 1 DLI1E HALEN P0065 L. LNLIHEEIUN6, HC. DRITTAIN AND CDAAFDRD, LLC '- I 2D]5 S 5TE11WOH5 FR£—Y 4104 C151E DRIW. SUITED 1-1 ]e1M 3408 SOUIH FREeriAY W n— n— (1 UR W ) M ) R-0 HLLS, WXAS — —11. TEXAS ]6110 )) IT vR1E iZ, 2RDa (9]Z) 316 -8610 (I.) (elT) 889- -0999 (FAX) (Dl]) I)2.- D -934] (FAX) ,EBRII.1 16 2O01 CIIY CASE H6 ]F03 -091 o 0 c i .'U n :T b � N n o o cv tea.. r .f'CrLpCLLYrfT,Y7M aw sue• -rm � Elr 0 L p f 0. e� :AF Cit 4YCSTCCLUrlT,t?N � O texas• -roe - - s�oe• -ro- Q Al— ...+�+. 4 cecm ntcwrrrcvrswsr crsraaec me Eerxs wua � .,,e a�- ter_ Q w.� Aru Aeu a• xt n �-' azn, ,rw °�G szra •'�'" FL.Gf�iPPL,.E�/ cnr v+ae ~ osir t see su � .mro mss r..s /SKfH AXIO( - JJ9 P KrJ 1Nr &]9 K"�Br �P9f w..�.k Y' v - - - - -- '� rrn. wwj- S.CGWAI Onr2 izir�ia3 P /a,3 FiPOAlTCGCI /� TKl N .pus• -ro• G/f1'GAS�NUr'7�[d'ZilO1' -0`7� N n Lot 5, Block 1, Miron Addition (Blue Have Pool) Proposed Permitted Uses and Development Regulations for "S -P -1" Zoning Permitted Uses This property shall be limited to permitted uses as found in the "C -2" Local - Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "C -2" Local- Retail Commercial District, and all other applicable regulations with the following exceptions: • The maximum impervious coverage for the site as a whole shall not exceed 73 percent of the total lot area. • The portion of the north bufferyard east of the existing drive shall be a 10'- Type "E" bufferyard. • Variance on parking spaces for a maximum of 35 spaces provided verse 38 spaces required. • Elimination of "C -2" zonings district uses and not allow the following: — Dry Cleaning, dying and pressing works; laundry and laundromats. — Tires, batteries and automobile accessory sales. • Other regulations that will allow for the possibility of subdividing the property. ZA03- 099 RECD APR 14 2004 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. Case No. ZA03 -094 Attachment D Page 1 INFORMATIONAL COMMENTS * 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. ZA03 -094 Attachment D 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 6 day of April, 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 c7 O H� W I n ::. P xDTfD. 1, fA Tf1, �', 2(`.I Rfi' d� x- ac�Ee1�°sTV °uauTwwE rssuexr au of ro+c - � x1A,,, eRfYF YI« 11E D� RH.1:n a F Ea � AFyh+�nR:1 HD r. Y, • bay,. EAST SOUTHLAKE BOULEVARD (FM 1709) reY, cn, .. ry1 w enxiR v wrET ,sorry n[YnnM -,Wla D 0 fAm"m wo C ®99�996i99I19i�o0o ©rx�r RR ®�o �����Eas99s;rRa �i MEMMI �� LOCATION MAP / / J SITS DATA SUAWARY: 9[clx mx3T�i1DU: 1mr tj —_ - :' e'.. -t -- -�'•,— __ e,r l I{E /cao�xfry /1 B e be 9 1 � PFBSEYi mVEBA¢ BP- IL 4 -wR EYi ioT CCVER.V.E BY EY15ti Ne su ILDIM.. 15.RbA � 0 - ,� se. - w ave31 DE?�npwEl+c ievw auuol,re rx[n. 4iro w.fT. flsr mfnesenavl PROPOSED RkF Y OA ADDITIDiV Fr, e+s V 'l'ITTn�{G 1V _ GaAlfR :a. a AxA ze99 s E1 1 4. 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M I / .1l a{ i CV Fi is E f% � c � � a �xxl �xx1 7 � I� M O � 0 U l -- / / J b•13L6'M' xv� //yy T i ' y _ _ _ { 1 - _ - 1fr51155'S9'W 39 JR /Rd P K l ADD /TION i0 o Zo .p �f � � 77a9 srz9'w „ _� zoo 3 I / .1l a{ I LLJ I /I7 G1 iD/1 /TJ/3V ,'� SITE PLAN �— f � LOT 5, RLDCR 1 ` MIRON ADDITION p AN AMMON TO THE CITY OF SOUTHLANE. TARRANT CWNTY, TEXAS AND SEND SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT No. 829 LEGEND •wY ' 1 D1wI m+Ea JANUARY FRmErEI 2004 „urex I LOT 1.035 ACRES s,RKY08 1 . IK E NAYEN PCOLS 2015 S. STEAAIOH5 iREEWAY WELCH TRNG WC. 1109 C GLE Rk6YE 5U 2 D BRITIAIR AND CRAWFORD. LLG 39 SOUTH FREEWAY - 1 a -� ( l ( £NiS }} MLLE, TEYAS J5o5] ( N ( ORTH RIOHLANO HILLS —AS ]6180 (F(PRT)) WORM, MAS 18119 RENSEO: APRIL 12. ;001 (9J2) 310 -061 {FAY) (811 589 0990 (FAX) (011) 92 6 -411) c � � a �xxl �xx1 7 � I� M O � 0 U l Lot 5, Block 1, Miron Addition (Blue Have Pool) Proposed Permitted Uses and Development Regulations for "S -P -1 " Zoning Permitted Uses This property shall be limited to permitted uses as found in the "C -2" Local- Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "C -2" Local- Retail Commercial District, and all other applicable regulations with the following exceptions: • The maximum impervious coverage for the site as a whole shall not exceed 73 percent of the total lot area. • The portion of the north bufferyard east of the existing drive shall be a 10'- Type "E" bufferyard. • Variance on parking spaces for a maximum of 35 spaces provided verse 38 spaces required. • Elimination of "C-2" zonings district uses and not allow the following: — Dry Cleaning, dying and pressing works; laundry and laundromats. — Tires, batteries and automobile accessory sales. • Other regulations that will allow for the possibility of subdividing the property. ZA03 -09'i REVD APR 14 2004 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