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Item 7BCity of Southlake Department of Planning STAFF REPORT July 28, 2004 CASE NO ZA04 -028 PROJECT: Southlake Westwood Office Park REQUEST: Simmons Properties Group, LLC is requesting approval of a zoning change with site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change with 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 -442 Full Size Plans (for Conrnrissi and Council Menrber.� Only) STAFF CONTACT: Dennis Killough (481 -2073) Ken Baker (481 -2046) Case No. ZA04 -028 BACKGROUND INFORMATION OWNER/APPLICANT: Simmons Properties Group, LLC PURPOSE: The purpose of this request is to receive approval of a site plan to build three (3) general /medical office buildings totaling approximately 17,915 square feet of floor area. PROPERTY SITUATION: 3100 W. Southlake Boulevard LEGAL DESCRIPTION: Lot 5R7, Block 3, Cimmarron Acres Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "O -1" Office District REQUESTED ZONING: "S -P -1" Detailed Site Plan District with "O -1" Office District uses HISTORY: -A final plat was approved by the City Council for Cimmarron Acres on July 3, 1984. - "C -2" zoning was placed on the lots with frontage on W. Southlake Blvd with approval of Zoning Ordinance No. 480 on September 19, 1989. -City Council approved a plat revision of Lots 5 & 6 on October 15, 1996. -A zoning change to "O -1" and a concept plan were approved by City Council on September 18, 2001. TRANSPORTATION ASSESSMENT: Case No. ZA04 -028 Master Thorouzhfare 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 W. Southlake Boulevard. The site is also proposing a common access on the north side of the property for connection to the property on the east. W. Southlake Boulevard is a five -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. The width of the roadway is sufficient to be a seven -lane roadway. May, 2003 traffic counts on W. Southlake Blvd (between Pearson Ln & F.M. 1938 24hr West Bound (WB) (15,411) East Bound (EB) (16,592 WB Peak A.M. 850 11 — 12 a.m. Peak P.M. 1,683 5 — 6 p.m. EB Peak A.M. 1,625 7 — 8 a.m. Peak P.M. 1,062 5 — 6 p.m. Attachment A Page 1 Traffic Iniptict PATHWAYS MASTER PLAN: Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Medical Office 11,930 431 23 6 12 32 General Office 5,985 66 8 1 2 7 Total 17,915 497 31 7 14 39 *Vehicle Trips Per Day * *The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Boulevard. According to the Master Pathways Plan, an 8 -foot multi -use trail is planned adjacent to the development along W. Southlake Boulevard. The trail has been constructed and is shown on the site plan. WATER & SEWER: An 8 -inch water line currently exists along the north side of W. Southlake Boulevard adjacent to this lot. The applicant is proposing to extend a 6 -inch sanitary sewer line from the west. TREE PRESERVATION: The trees on this site predominately consist of Cedar Elm, Post Oak and some Mesquite. The submitted Grading Plan shows grade changes around trees outside of the building pads, parking lots, fire lanes and sidewalks which would cause the destruction of the existing trees remaining in protected areas. P &Z ACTION: Approved (7 -0) on July 8, 2004 subject to the Site Plan Review Summary No. 3, dated July 2, 2004 and the following conditions: 1) Granting the requested variance for driveway spacing along Southlake Boulevard (Site Plan Review Comment No. 1); 2) Approving the impervious coverage as proposed; 3) Approving the building articulation as proposed; 4) Eliminating the requirement that the southern common access easement be extended to the east boundary line (Site Plan Review Comment No. 3 a); 5) Allowing the bufferyards as proposed, but requiring that the plant material be placed elsewhere on the site; 6) Requiring a "brick- crete" wall matching the wall along the north property line of the City's adjacent storage tank property in place of the wood fencing; Case No. Attachment A ZA04 -028 Page 2 7) Changing the traffic median shown on the northern end of the Southlake Boulevard driveway to a "mini- roundabout ". COUNCIL ACTION: July 20, 2004, Approved first reading (4 -0) subject to Revised Site Plan Review Summary No. 3, dated July 14, 2004, as approved by the Planning and Zoning Commission. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated July 28, 2004. Under the "S -P -1 Detailed Site Plan District zoning the applicant proposes "O -1" Office District uses and development regulations with the following exceptions: • Maximum Impervious Coverage —Each individual lot will not be greater than 73% impervious coverage with the three lots combined not exceeding the 65% maximum impervious coverage. The maximum impervious coverage allowed per lot is 65 %. • Articulation — The articulation on the buildings shall be allowed as shown on the site plan and architectural elevations. The styles of the buildings are not conducive to a more complex elevation design. The wall lengths on the east and west sides of building V are 36 feet. The maximum wall length permitted is 30 feet. • Parking — The parking requirements shall be met for the entire development as a whole. • Bufferyards — Bufferyards along interior lot lines are not required. Bufferyards are required along all lot lines. The following variances are being requested: • Driveway Spacing The minimum driveway spacing is 500 feet from an intersection. The applicant is requesting a driveway approximately 492 feet for the intersection to the east. • Common Access A common access easement for a connection to the property to the east is required along the front of the property. The applicant is requesting a waiver from this requirement. M \Community Development \WP - FILES \MEMO \2004cases \04- 028ZSP.doc Case No. Attachment A ZA04 -028 Page 3 Vicinity Map Southlake Westwood Office Park 1000 Case No. ZA04 -028 Attachment B Page 1 0 1000 2000 3000 Feet INITIAL PLAN iM-=i--LLG - tWBi 9OK31'bNMMM 09= 2*tIWM2E�1 pQ dQ� .avwvl,ura S3aa 1!4nJ'1Y asle119 7 I 4 'JAIN 1 I E t i 1111 I�H I I -- �-, . i. 1 F. P -- - -- L I t IL _ p' J L 1 I I I 7 II4 � I� I� .chi : �'rl�� - � ��.IC,r�ra.� L •. a w'uls g. Case No. ZA04 -028 l i t - $ I s p I� �a I f L 1 11 Cj #= I I I 1 1 1 1 I I i Z I Attachment C Page 1 WE DATA St**4ARY CAART JE�_w --- ---------------- IOTA- -AP Lyr w LOT W ---------- v iw� I Eff 'Fam Ww�� 7f MIT__ I weswna 1 1 141==w LO[ - AP il 17/7 _ C. ---- -- PIN uauo in LOT I c ... ...... . .. .. ...... ....... ......................... r C Vl PHA515 -- 177.0 — - — - — - — - — ---------------- 7 51 FL," ZA,04-02 W Ya6r,1200 ofwt6l! LOT. M, CI.K. 5 1ffii DMRHLNW M_W- APkft A=M G 0 r C Vl 51 r e PLAN CU JUL 1 9 51 FL," ZA,04-02 W Ya6r,1200 ofwt6l! LOT. M, CI.K. 5 1ffii DMRHLNW M_W- APkft A=M G 0 CITY ON fiovq%_� TARMNT ow , TnX T[ 2 TAW 4 uaMY SITE: PLAN Orm PLI" Blake Architect V'ry OF toV"-11_Ad<M M ArPW-CrAt2 laeuuc —FoRfir— 1PAM. JULY 16. 2004 OHELr 10 4 r C Vl o� 0 0 n� I n b � Q � aa SIDE M281!h] ELEVATION (®ULPI" G. 5OVP4) rxa war SIDE (SOUTH) ELEVATION (GYIIupims G. NORT+v ,F 1REC'I) JU1. 1 9 2004 SITE PLAN ZAaa-C rtir� rCSlraCrr [x°r N U d L U Y m s sd IGE P my w l 1 FRONT (EAST ELEVATION (ffUI Vw6 G. "MT) - REAR (hIESTj ELEVATION Mule l ca e�sT] TMAA&7 CalM ROM UM BUILDING "IA" 4 " C " BLBVATI©N5 sire i Make Architect! GIYY OP 84Wf1aLAKF xn1 .+�PPfegvm Mr.. --v - �o...nrwxw.zewr n, .nwe�A iooc m -ar.m r�xw - Onwaex�_ PART JJLY Id, �00< ww SHECT b PF 4 w l 1 FRONT (EAST ELEVATION (ffUI Vw6 G. "MT) - REAR (hIESTj ELEVATION Mule l ca e�sT] o� 0 0 n� i n b � Q � �rlrr: r 1' fi re Im RECD J u L 1 9 2004 SITE P 5CUTIL#JM 1 mm ma 8 i fI I y��y TT�WY B€JILDING !1 luf SITE PLAN OITY OY SGU'THLKKL APPgOYf� f�/rIM o! O.Y�[fl�l �TAZ. wa. _ N V �+ a m Y ld j i OrMe PAM , awl ' Blake Architect: PATE, -LR a 21. 2PO4 SHC-ET 4 Or 4 -i;- l 1 VVE tiJGRTH) M—EVATIGN RECD J u L 1 9 2004 SITE P 5CUTIL#JM 1 mm ma 8 i fI I y��y TT�WY B€JILDING !1 luf SITE PLAN OITY OY SGU'THLKKL APPgOYf� f�/rIM o! O.Y�[fl�l �TAZ. wa. _ N V �+ a m Y ld j i OrMe PAM , awl ' Blake Architect: PATE, -LR a 21. 2PO4 SHC-ET 4 Or 4 -i;- l 1 '� BLAKE ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 June 21, 2044 Southlake Westwood Office Park W. Southlake Blvd. Southlake, Texas 76092 Case No: #ZA04 -028 1. PERMITTED USES This property shall be limited to the permitted uses as found in the "O -1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for the - O-l" Office District, and all other applicable regulations with the following exceptions: A. RYTERVIOUS COVERAGE The proposed zoning of the property is to be S -P -1. Each individual lot will not be greater than 73% impervious coverage with the three lots (A, B, and Q combined not exceeding the 65% maximum impervious coverage. B. HORIZONTAL AND VERTICAL ARTICULATION The style of the building is not conducive to a more complex elevation design. To meet articulation requirements, dormers have been added to the east and west sides of building B to aid in horizontal and vertical articulation. C. PARKING Parking requirements shall be met for the entire development as a whole. D. BUFFERYARDS Bufferyards along interior lot lines would not be required- Thank you, RE JUN 2 1 20 Roger (Skip) Blake Case No. ZA04 -028 Attachment C Page 5 DRIVEWAY SPAUNG A variance is regwsted fog the 500' driveway spacing to the east W oft. West Southlake Blvd. 442' as provided from the drive approach of the property to Vermilion Court. ACCESS EASEUENT A variance is requested for the southern common access easement to the adjoining - property on the east. This is requested to preserve existing elm trees on the southeast corner of the pmMrty, These elrrrtrees are some of the largest and most stable trees on the lot. The trees provide an aesthetic and noise NATO between West South lake Blvd. and the proposed commercial office wilding on Lot C. Landsuping requirements would Also, she compromised if a comstsm we sss easernem w&W ea�Oraed Thank you, Roger (Skip) Blake Case No. ZA04 -028 Attachment C Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA04 -028 Review No.: Four Date of Review: 07/28/04 ect Name: Site Plan — Southlake Westwood Office Park APPLICANT: Simmons Property Group LLP Scott Simmons 1400 Laurel Lane Southlake, TX 76092 Phone: (817) 329 -0207 Fax: (817) 329 -6982 ARCHITECT: Blake Architects Skip Blake 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 07/19/04 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 OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. Provide the minimum driveway spacing from the nearest intersection to the east along W. Southlake Blvd. The minimum spacing is 500' from the intersection for full- access drives. The applicant is proposing the drive to be approximately 492' from Vermilion Court. (A variance has been requested.) 2. Correct the impervious coverage and the site coverage percentages in the Site Data Summary chart to show totals by individual lot based on the area per individual lot. 3. The following changes are needed with regard to easements: a) Provide a common access easement along the front of building `C' to make a future connection to the property to the east. A concept plan was previously approved for this property and the adjoiningproperty requiring 2 common access easements for connection of the properties, one on the north and one on the south. The purpose of the easements was to provide the adjoining lot to the east an access to W. Southlake Blvd. (A waiver from the south connection has been requested.) b) Correctly show, label, and dimension all existing or proposed easements on or adjacent to the site. The utility easement on Lots 5R1 & 5R2, Block 3, Cimmarron Acres should be labeled as 15 ' in width. The northern common access easement on Lot 1, Block 1, Vermilion Addition should be located 10' off the northern property line. There is no 10' utility easement along the northern property line of Lot 1, Block 1, Vermilion Addition. C) Align the proposed common access easement on the north side of the lot with the existing common access easement/future driveway as shown on the approved concept plan for the property to the east. Case No. ZA04 -028 Attachment D Page 1 4. The applicant requests approval of the "S -P -1" uses and regulations as shown in attachment `C' of the "Staff Report ". Staff offers the following recommendation: Change 2.13 to read: "Buildings shall comply with the horizontal and vertical articulation requirements of Ord. 480, Section 43.9.c.1.d and Section 43.13.a.4, except that building B' shall have a maximum permitted horizontal wall length of 36 feet." Correct adjoining owner information on the adjacent properties and the property to the east. 6. Change the name of the office development as there is an existing street name of Westwood Drive that may cause confusion. INFORMATIONAL COMMENTS * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. If not done so already, staff recommends contacting TxDOT for approval of the location of the proposed drive on W. Southlake Blvd. * The proposed site shall not exceed the maximum permitted impervious coverage area percentage of 65% for the "O -1" zoning district for each individual lot. The total impervious coverage area percentage of the overall site is approximately 64 %. * 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 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 ZA04 -028 Page 2 Articulation Evaluation No. 1 CaseNo.ZA 04 -028 Date of Evabathn:07/02/04 El?vathns forwestwood Office Park (Buildings A & C) Recei7ed:06/Z1/04 Front - facing: East W aI ht = 10 Hmizontalartiaulathn Vetcalartbul tin R equieed P mviled D ela O kay? R equired P mvrled D ela 26 -13% O kay? • ax. wall.l?ngth 30 26 -13% Yes 30 Yes • in. artth. offset 2 3 50% Yes 2 12 500% Yes • in. arts. l=ength 7 12 71% Yes 7 12 71% Yes Rear - facing West IW all.ht = 10 H ozpontalart -ulat bn V ertcalartr;ulzthn R equired P mviled D ela O kay? R equieed P mviled D ela O kay? • ax. waIll?ngth 30 28 -7% Yes 30 28 -7% Yes • in. art::. offset 2 2 0% Yes 2 15 650% Yes M n. ari-. l=ength 7 19 171% Yes 7 19 171% Yes Right - facing: North I w aIlht = 10 H ori,ontalarttulat bn V ertcalart bulatnn M ax. waILbngth R equieed P mviled D ela O kay? R equieed P mvEed D ela O kay? 30 16 -47% Yes 30 16 -47% Yes • n. arb:%offset 2 2 0% Yes 2 11 450% Yes • in. aitt. l=ength 4 16 300% Yes 4 16 300% Yes Left - facing: South W aILht = 10 H orivontalartbu latbn V ertcalart:L tin R equieed P mviled D ela O kay? R equieed P mvided D ela O kay? M ax. waIll✓ngth 30 16 -47% Yes 30 16 -47% Yes M n.ari✓.offset 1 2 21 0% 1 Yesi 2 11 450% Yes M in. arty. ngth 1 4 16 300% 1 Yes 4 1 16 300% Yes Case No. ZA04 -028 Attachment D Page 3 Articulation Evaluation No. 1 Case No. ZA 04 -028 Date ofEvabatnn:07 /02/04 Ehvatbns forwestwood Office Park (Building B) Received: 06/21/04 Front - facing: East w aIlht. = 10 Hoffiontalazd ulatbn Vefdcala2baulstbn R equiLed P mviied Delta O kay? R equied P mviied Delta O kay? • ax. walLl?ngth 30 36 20% No 30 24 20% Yes • h.axth.offset 2 5 150% Yes 2 12 500% Yes Mh.artic.length 9 20 122% Yes 6 12 100% Yes Rear - facing West IW aIlht. = 10 Horizontalwrtd ulstbn VefdcalaYtcuulstbn R equied P mviied D eta O kay? R equied P mviied Delta O kay? M ax. walLbngth 30 36 20% No 30 24 20% Yes • h. artb. offset 2 5 150% Yes 2 12 500% Yes • h.artic. length 9 20 122% Yes 6 12 100% Yes Right - facing: North IW aILht = 10 Horizontalwxd ulatbn Vefdcalwtbulathn R equyed P mvEed Delta O kay? R equied P mvBed Delta O kay? M ax. waILbngth 30 20 -33% Yes 30 20 -33% Yes •h.artic.offset 2 3 50% Yes 2 12 500% Yes Mh.artic.hngth 5 14 180% Yes 5 14 180% Yes Left - facing: South IW aIlht. = 10 Hoffiontalaxd uhtbn Vefdcalabaulstbn R equiLed P mv:ded Delta O kay? R equied P mviied Delta O kay? • ax. walLl?ngth 30 20 -33 % Yes 30 20 33 % Yes • h. axti:. offset 1 2 31 50'-. 1 Yesi 2 12 500 % Yes M n.arth.l?ngth 5 14 180% 1 Yes 5 14 180% Yes Case No. ZA04 -028 Attachment D Page 4 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 04 -028 Date of Review: June 29, 2004 Number of Pages: 1 Project Name: Southlake Westwood Office Park (Site Plan) OWNER \ DEVELOPER Scott & Richard Simmons 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. This trees on this site predominately consist of Cedar Elm, Post Oak and some Mesquite. The submitted Grading Plan shows grade changes around trees outside of the building pads, parking lots, fire lanes and sidewalks which would cause the destruction of the existing trees remaining in protected areas. Please reconfigure the proposed grading to accommodate the existing trees. * Non - residential Development: In a non - residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Tree Preservation Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. Attachment D ZA04 -028 Page 5 Surrounding Property Owners Southlake Westwood Office Park 11 10 9 Owner Zoning Land Use Acrea 1. City of Southlake "CS" Public / Semi - Public 3.331 2. City of Southlake "SF -IA" Low Density Resid. 1.003 3. City of Southlake "SF -IA" Low Density Resid. 1.003 4. City of Southlake "SF -IA" Low Density Resid. 1.734 5. Wilbow - Southlake Dev Corp "SF -IA" Low Density Resid. 0.997 6. Reig Incorporated Tx Corp "SF -IA" Low Density Resid. 0.999 7. Wilbow - Southlake Dev Corp " O - 1 " Low Density Resid. 0.667 8. INS Land Family Limited Prt "AG" Low Density Resid. 4.019 9. Century Property Partners "AG" Low Density Resid. 1.812 10. Century Property Partners "AG" Low Density Resid. 1.340 11. Hill, Gary Gene "C -2" Retail Commercial 2.250 12. Harper, Sondra K & Terry "O -1" Retail Commercial 2.176 Case No. ZA04 -028 Attachment E Page 1 Surrounding Property Owner Responses Southlake Westwood Office Park Notices Sent: Twelve (12) Responses: One (1) from within the 200' notification area: • Greg W. Gitcho, Vice President, Wilbow - Southlake Development Corp., 9330 LBJ Fwy, Suite 745, LB 68, Dallas, TX 75243; in favor. (See attached letter received 6 -12- 04 and e -mail received 7 -12 -04.) Case No. ZA04 -028 Attachment F Page 1 Case No. ZA04 -028 Wednesday, June 30, 2004 6 ev4t� City of"Southlake ,. c Attn: Mr. Dennis Killough j t 1400 Main Street, Suite 320 2fl�r f Southlake, TX 76092 r�e $ „ RE. Comments to Case No. ZA04 -028 p Lot 5117, Block 3, Cimmarron Acres Addition 3100 W. Southlake Blvd in Southlake, Texas Dear Mr. Killough: In response to the Public Herring Notice for Case No. ZA04 -028, Wilbow- Southlake Development Corporation objects to the fallowing items in the Site Plan as provided in the Public Hearing Notice: the owner of Lot 1, Block i of`Vermilion Addition is vVilb ❑w- Southlake Development Corporation - The owner of Lot 2, Block 2 of` Vermilion Addition is REIG, Inc There is NOT a ten foot (10') Utility Easement along the northern property line of Lott, Block I of'Vermilon Addition The proposed Site Plan submitted in conjunction with Case No. ZA04- 028 inaccurately reflects the actual recorded Final Plat for Vermilion Addition. For your convenience, I have enclosed a copy of the recorded Vermilion Addition Final Plat for your review Thank you for the notice and the Information contained therein I trust that our objections will provide the City with a more accurat{- Site Plan upon which to base a decision for approval. Please icel free to contact me with any questions Resp ctfull , Gri: cho Vint RED J 1i L W ilbow- Southlake navdupm m Cvrparauan OKY, LBJ Fwr. Suhu 743.1 R fib Dallas. Tk 75:33 Phwte,0711479-Ohv - r r ax! (972)479.03v7 Attachment F Page 2 Page 1 of l Dennis Killough From: Sent: Monday, July 12, 2004 4:42 PM To: Dennis Killough Subject: Comments to Case No. ZA04 -028 Dennis- Thank you for the call this afternoon. We are fine with the southern access easement of Lot 1 of Vermilion not being respected. Our objections to the proposal stand as provided in my letter dated 30- June -04. We do not object to the proposal, only to the three (3) details of the proposal that I describe in my letter. Thank you again and feel free to call w/ any questions. -Greg Greg W. Gitcho Wilbow Corporation 9330 LBJ Fwy, Suite 745, LB 20 Dallas, TX 75243 (972) 479 -0697 - office (972) 994 -1684 - direct (214) 878 -7757 - cell (972) 479 -0397 - fax ggitchopa wilbowusa.co www.wilbow.com HEG'D JUL 12 200 Case No. Attachment F ZA04 -028 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -442 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 5R7, BLOCK 3, CIMMARRON ACRES ADDITION, BEING APPROXIMATELY 2.176 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "O -1" Office District under the Case No. Attachment G ZA04 -028 Page 1 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 Case No. Attachment G ZA04 -028 Page 2 made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 5R7, Block 3, Cimmarron Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 3321, Plat Records, Tarrant County, Texas, and being approximately 2.176 acres, and more fully and completely described in Exhibit "A" from "O -1" Office District to "S -P -1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: Case No. Attachment G ZA04 -028 Page 3 1. PERMITTED USES This property shall be limited to the permitted uses as found in the "O -1" Office District as described in Section. 18 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for the "O -1" Office District, and all other applicable regulations with the following exceptions: A. IMPERVIOUS COVERAGE The proposed zoning of the property is to be S -P -1. Each individual lot will not be greater than 73% impervious coverage with the three lots (A, B, and C) combined not exceeding the 65% maximum impervious coverage. B. HORIZONTAL AND VERTICAL ARTICULATION The style of the building is not conducive to a more complex elevation design. To meet articulation requirements, dormers have been added to the east and west sides of building B to aid in horizontal and vertical articulation. C. PARKING Parking requirements shall be met for the entire development as a whole. D. BUFFERYARDS Bufl'eryards along interior lot lines would not be required. 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 subj ect 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. Case No. ZA04 -028 Attachment G Page 4 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 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 Case No. Attachment G ZA04 -028 Page 5 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. 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. Case No. ZA04 -028 Attachment G Page 6 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: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -028 Attachment G Page 7 EXHIBIT "A" Being Lot 5R7, Block 3, Cimmarron Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 3321, Plat Records, Tarrant County, Texas, being approximately 2.176 acres. Case No. ZA04 -028 Attachment G Page 8 o� 0 0 N i Q � ----- aLOTT M . W 5 tlLV6- Li M!ta AEwtlD Ag71TILM * iry OM m BOI+MLiXi .tle1l4NT cdMTY, TG%M19 TC0+2 Y t U — L Q Y to S-03d t]MF PAIL Blake Archit s e r1 or4 n K4