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Item 8ACity of Southlake Department of Planning STAFF REPORT August 11, 2004 CASE NO ZA04 -026 PROJECT: Carroll Terrace REQUEST: Vision Three Development, Ltd. is requesting approval of a zoning change and site plan from "O -l" office district to "S -P -l" detailed site plan district. Under the "S- P-l" zoning the applicant proposes limited "O -l" office district uses and "O -l" district development regulations with some modifications. The plan proposes five (5) general office buildings totaling 28,735 square feet. The following regulations and variances are requested: • 10 feet side yard (15 feet typical in the "O -1" district) • allow landscape trellises to cross lot lines • allow trash receptacles to be 12 feet from a residential property line. A minimum of 50 feet is required. • Allow driveway stacking depth to be a minimum of 28 feet. 75 feet is required. 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 -443 Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481 -2073) Ken Baker (481 -2046) Case No. ZA04 -026 BACKGROUND INFORMATION OWNER/APPLICANT: Vision Three Development, Ltd. PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan for the development of five (5) general office buildings totaling 28,735 square feet. PROPERTY SITUATION: 600 N. Carroll Avenue LEGAL DESCRIPTION: Tract 5D, situated in the W.W. Hall survey, Abstract No. 695 LAND USE CATEGORY: Office Commercial CURRENT ZONING: REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA04 -026 "O -1" Office District "S -P -1" Detailed Site Plan with limited "O -1" Office District uses -The "O -1" zoning district was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. Master Thoroughfare Plan The Master Thoroughfare Plan recommends that Carroll Avenue be a four - lane, divided arterial street with 100 feet of right -of -way. Adequate R.O.W. has been dedicated for this roadway. Existin,a Area Road Network and Conditions The proposed site will have one (1) full access drive onto N. Carroll Avenue. The site will also tie into the existing drive on the property to the north. N. Carroll Avenue, between State Highway 114 and Southlake Town Square, is a two -lane, undivided roadway. From Town Square south to E. Southlake Boulevard (F.M. 1709), N. Carroll Avenue is a four -lane, divided roadway. Construction on N. Carroll Avenue north of Southlake Town Square to expand to the four -lane, divided roadway will begin later this summer. May, 2003 traffic counts on Carroll Avenue (between F.M. 1709 & S.H. 114): 24hr North Bound (NB) (3,819) South Bound (SB) (3,783) NB Peak A.M. (263) 8 — 9 a.m. Peak P.M. (351) 1 — 2 p.m. SB Peak A.M. (224) 10 — 11 a.m. Peak P.M. (347) 5 — 6 p.m. Attachment A Page 1 Traffic Iniptic PATHWAYS MASTER PLAN: WATER AND SEWER Use Sq. Ft. Vtpd* AM -IN AM- OUT PM- IN PM_ OUT General Office 28,735 316 39 5 7 36 * Vehicle Trips Per Day "The AM/PM times represent the number of vehicle trips generated during the peak travel times on Carroll Avenue. An on -road bike path is planned on the west side of N. Carroll Avenue and an 8 foot paved multi -use trail is planned on the east side of N. Carroll Avenue. There is no trail or sidewalk required for this proposal. The site will be served by an existing 12 -inch waterline along the east side of N. Carroll Avenue and an existing 8 -inch sanitary sewer line on the south side of Southcrest Lane. TREE PRESERVATION: The only existing trees proposed to be preserved on the site are in the North bufferyard of Lot 1, and one (1) 16" Elm in the West bufferyard of Lot 3. All of the existing trees along the right -of -way of Southcrest Lane are also proposed to remain. With the exception of the trees along Southcrest Lane, almost all of the existing trees on the property would not necessarily make quality landscape trees. Trees such as the Ailanthus are not very desirable species suited for maintained landscapes and the existing Black Walnuts have been neglected and would pose a more hazardous situation in the future if they remained. P &Z ACTION: July 8, 2004; Approved to Table (7 -0) to July 22, 2004. July 22, 2004; Due to a lack of quorum, P &Z did not act on this item. August 5, 2004; Approved (4 -0) subject to Site Plan Review Summary No. 3, dated July 14, 2004; granting requested variances and incorporating the agreement made regarding the trash receptacles on both the north and south sides of the property. In addition, the maintenance of the landscaping and the trellises will be provided by the owner's association. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated July 14, 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: • Permitted Uses — The following "O -1" Office District uses shall not be permitted: 1) Banking; 2) Chiropractors; 3) Dentists; 4) Duplication and mailing services; 5) Optometrists; 6) Physicians; 7) Podiatrists; 8) Case No. Attachment A ZA04 -026 Page 2 Psychiatrists; 9) Psychologists; 10) Radio recording and television broadcasting offices and studios. • Side Yard — The side yard setback shall be 10' minimum. The required minimum side setback is IS'. • Trellises — Continuous trellises shall be permitted to cross property lines as shown on the site plan. The following variances are being requested: • Driveway Stacking - The required stacking depth for this site is 75 feet for each drive. A stacking depth of 28 feet is being requested. • Trash Enclosures - Trash dumpsters and enclosures are required to be a minimum distance of 50 feet from any residential property. The applicant is requesting a minimum distance of 12 feet from the residential property to the west. An agreement between the developer and adjacent resident has been included with proposed development regulations in attachment `C' of this report. M \Coimnunity Development \WP - FILES \MEMO \2004cases \04- 026SP.doc Case No. Attachment A ZA04 -026 Page 3 Vicinity Map Carroll Terrace W Case No. Attachment B ZA04 -026 Page 1 _ u1d.N6 yy •0.YCp.Trt 0 " - C£ �i $ �., P L3 B 4 w K e Nn Ioaft. wr �J! 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Yu9snrla � +ca+x.rrn+�m�s� sm. r - ac x.x.+rwo 1"r 1"r 6'1 I� V � Q � � l 1 o 0 c N I .•r .•r n b � Q .�•r Front E i ava k ion a..I. 304• _ ,, S !d_aEI ev�it_3 on A—to Rear $� 100vat1 0 n SHEET Sp- 5 OF 6 SHEY N n S i d a E L +a v a t i c n goals It y - 9141 WD i fIRM Carroll Terrace Proposed Permitted Uses And Development Regulations for "S -P -1" Zoning 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 with the following uses deleted: 1. Banking 2. Chiropractors 3. Dentists 4. Duplication and mailing services 5. Optometrists 6. Physicians 7. Podiatrists 8. Psychiatrists 9. Psychologists 10. Radio recording and television broadcasting offices and studios Development Regulations Side yard setback shall be 10' 0" minimum 2. Continuous trellises shall be permitted to cross property lines as shown on site plan ZA04- 026 RECD MITE 0 2 2004 Case No. Attachment C ZA04 -026 Page 3 Planning & Zoning June 1, 2004 Commission To whom it may concern, We would like to request a variance to the driveway stacking depth requirement. After discussions with the city planners, we find our only other design solution would be to shift the buildings to the front and relocate the parking to the rear. Although this change would solve the stacking requirement, it would place the parking too close to the adjacent residential property. We would also like to request a variance to the requirement that the dumpster be located 50 feet from adjacent residential property. Through the design of this project, our primary objectives were to blend the buildings into the existing site with the least amount of impact on the surrounding residences, the existing trees and the natural topography of the Iand. We request the dumpster locations in the present design to be closer than the 50 feet required. This will allow us to provide the adjacent homeowners with 40 feet of open greenspace between our properties across the remainder of the lots. Moving the dumpsters away from the residential property conversely moves them closer to Carroll Avenue and /or Southerest Drive, which was not seen favorable at the spin meeting. Moving the dumpsters away from the residential property also required us to add more parking in the rear encroaching on the 40 feet of undisturbed greenspace. We faced the same situation with our current building just north of thjs site. The solution we worked through with the city planners was to build an 8 foot tall brick wall around the dumpster, as well as a solid wood front door. In addition, we landscaped the entire remaining three sides with five to six foot tall bushes. The brick wall, the landscaping and the wood door neutralized the negative impact of the dumpster on our site while providing our neighbors, tenants and passers by an aestetically pleasing solution. After discussing the matter at length during the spin meeting with the adjacent homeowners, we feel they agreed that our present design provides the best solution for all. Thank you for your consideration to this matter, Vision Three Development Ltd. 1404M RECD AM 2 e 2pn Case No. Attachment C ZA04 -026 Page 4 August 5, 24 Viaion Thies Development Ltd. outhlake, TX 76042 Southlake Planning & 7nning Southlake, TX 76092 1) Su and receptacle with eight -foot high brick wall on three aides. 2) front of receptacle hidden with n - jeW Moor. 3) Landscape with four to five foot high shrub on three sides. 4) Recess receptacle and surrowWiw grade twelve inches Ito existing grade. 5) Monthly ma ntenamt -wash with hose and spray wilh disinfectard. 6) Increase distance to receptacle to twenty -tight t from twelve fmt. 7) Landscape receptacle with three additional canopy trees (3 + 3 + 4 inch caliper). 8) Angle receptacle away from utherest slightly to hanTu view b hom wnem_ )*quire sigmge on receptacle that all trash is to be bagged. {no loose debris) IA0 -026 RECD AUG 0 5 Z004 Case No. Attachment C ZA04 -026 Page 5 ) Nca Ltd. IIN5 0 - I n OFTICE �J V 20' CURB INU TOP — 6sai I FL = 655.51 CURB INLET 660.10 OECD X(I G q 5 2004 P.r i -DEL 4NL • =.,azl F..- .,2x . 918" >0>� P :NCE w SRIGI L� IMERGI u - t7s 5 50. FT. 1 FLOOR AKFA ++I. ` 4 C�GRET€ Slp - s CEFJEFL FIGS 02 hTf f � -- I - - - -- - Ifs -c M ` rPT014E COZ co I O p�+ hl! TRELL 15 / r L1T 4 CGI TE 5lpw F7 ♦ s� Case No. Attachment C ZA04 -026 Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA04 -026 Review No.: Three Date of Review: 07/02/04 Project Name: Site Plan — Carroll Terrace APPLICANT: J. Bolton & Associates ENGINEER: Thomas Hoover Engineering, LLC John Bolton Steven Smith 700 N. Carroll Ave, Suite 100 Southlake, TX 76092 Phone: (817) 251 -9393 Fax: (817) 329 -6025 416 N. Main St, Suite 120 Euless, TX 76039 Phone: (817) 571 -7574 Fax: (817) 571 -7564 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/21/04 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. 1. Provide the minimum driveway throat depths for stacking. The required stacking depth for this site is 75' for each drive. 28' is being provided. (A variance has been requested.) 2. Relocate the trash dumpsters to a minimum distance of 50' from any residential property. (A variance has been requested.) 3. A reciprocal shared parking and access agreement must be provided to the City prior to issuance of a building permit for any building. An agreement for shared use, access and maintenance of the trash enclosures and receptacles must also be provided. Applicant requests approval of the S -P -1 uses and regulations as proposed in attachment ` C ' of the staff report. INFORMATIONAL COMMENTS The proposed site does not appear to exceed the maximum permitted impervious coverage area percentage of 65% for the "0-1" zoning district. The impervious coverage area percentage ofthis site is approximately 63 %. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. ZA04 -026 Attachment D Page 1 Articulation Evaluation No. 1 Case No. ZA 04 -026 1 Date of Evaluation: 05/10/04 Elevations for Carroll Terrace Received: 04/26/04 Front - facing: East lWall ht. = 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 30 25 -17% Yes 30 16 -47% Yes Min. artic. offset 2 2 0% Yes 2 5 150% Yes Min. artic. length 6 12 100% Yes 4 9 125% Yes Rear - facing West lWall ht. = 10 Horizontal articulation IVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 30 26 -13% Yes 30 28 -7% Yes Min. artic. offset 2 2 0% Yes 2 8 300% Yes Min. artic. length 7 12 71% Yes 7 26 271% Yes Right - facing: North lWall ht. = 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 30 26 -13% Yes 30 28 -7% Yes Min. artic. offset 2 2 0% Yes 2 5 150% Yes Min. artic. length 7 8 14% Yes 7 12 71% Yes Left - facing: South lWall ht. = 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 30 26 -13% Yes 30 23 -23% Yes Min. artic. offset 2 21 0% Yes 2 4 100% Yes Min. artic. length 7 101 43% Yes 6 91 50%1 Yes Case No. ZA04 -026 Attachment D Page 2 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 04 -026 Date of Review: June 10, 2004 Number of Pages: 1 Project Name: Carroll Terrace (Site Plan) OWNER \ DEVELOPER PREPARED BY: J. Bolton and Associates Thomas Hoover Engineering, LLC Phone: (817) 329 -6025 Phone: (817) 571 -7574 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481 -5640 TREE PRESERVATION COMMENTS: 1. The only existing trees proposed to be preserved on the site are in the North bufferyard of Lot 1, and one (1) 16" Elm in the West bufferyard of Lot 3. All of the existing trees along the right -of -way of Southcrest Lane are also proposed to remain. 2. With the exception of the trees along Southcrest Lane, almost all of the existing trees on the property would not necessarily make quality landscape trees. Trees such as the Ailanthus are not very desirable species suited for maintained landscapes and the existing Black Walnuts have been neglected and would pose a more hazardous situation in the future if they remained. * 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 -026 Page 3 Surrounding Property Owners Carroll Terrace Owner Zoning Land Use Acrea 1. Pekerti, Immanuel A & Megawati "SF -20A" Medium Density Resid 0.550 2. Bell, Joel P & K Michelle "SF -20X" Medium Density Resid 0.525 3. Gray, Keith J & Michelle "SF -20X" Medium Density Resid 0.639 4. Cole, Michael S & Janet B "SF -20X" Medium Density Resid 0.775 5. Bowers, Roy C Jr "SF -20X" Low Density Resid 1.208 6. Authentex Development Ltd 11 0-1" Office Commercial 1.386 7. Greenway- Carroll Road Prtners "C -3" Retail Commercial 10.063 8. City of Southlake "CS" Town Center 2.68 9. The Fechtel Group "C -3" Town Center 31.747 10. 550 Nca Ltd "O -1" Office Commercial 1.002 11. Vo, Cuong Ba & Mai -Huong "SF -20X" Medium Density Resid 0.457 12. Vision Three Development Ltd. "O -1" Office Commercial 2.892 Case No. Attachment E ZA04 -026 Page 1 Surrounding Property Owner Responses Carroll Terrace Notices Sent: Twelve (12) Responses: One (1) from within the 200' notification area. • Immanuel & Mega Pekerti, 605 Southbend Trail, Southlake, TX 76092; opposed. See attached letter received 7- 10 -04. Case No. ZA04 -024 Attachment F Page 1 Immanuel & Mega Pekerti 605 Southbond Tiail authlake, TX 76092 July 9, 2004 City of Southlake Planning & Zoning Committee and City Council 1400 Main Street 5oulhrake, TX 76-092 RE, Carroll Terrace (Cases, ZA04 -024, ZA04 -025, & ZA04 -926) Dear Madams anti Sirs, It is our url derstan di ng that Vision Three Developrrsent (represented by Mr, John Bolton) will request a variance for placement of trash receptacles not in compliance with City Ordinance, to which we are opposed. According to Vision Three's plan (diagrarn -1, rod the so uth. sh receptacle (in lot 5) Weill be placed only 10 ff abutting the rear fence of our residence (lot 6, block 3 of oufhVlewr sub- division), This puts the trash receptacle location severely out of compliance with the 50 foot buffer required by the Ordinance's Residential Adjacency Standards (43.13 a -7). The location of the south receptacle places it. literally a mere 80 ft away from our rear windows (diagrarn -2, red'). It i$ also only 30 feet away from the signage for the SouthVlew sub - division's oath rest Lane entrance. This trash receptacle would be an eyesore as it would be the very first structure people encounter as they drive into SauthView and we feel that it will certainly decrease prvp�rty value wfthin our neighborhood in general and ours spedicbally. There seems to be alternative scrlufions that are acceptable. Perhaps both trash receptacles can be placed on the north location {diagram -1, yellow) since there is no objection frorn the abutting hunneowner, and it would resolve the eyesore Issue. AnOtheT alternative, which will require a lot of modification compared to the first one is a layout similar to Panorama Place (development on N Carroll south of the old Post Office building), where the trash receptades are attached to the buildings hidden from plain view and a good distance from the abutting residential properties_ Providing no curia cut on South rest Lane is required, again tailored after Panorama Place. Let us be clear that are not against Carroll Terrace's development in general terms. We have n doubt that Oarrdl Terrace will be a quality development as Mr. Pollen's previous development effort at 700 N. Carroll has shown. in fact, as homeowners, we welcome it. We cannot. however, in good conscience agree to the current planned placement of tree south [rash receptacle, Thank you for your kind considerat We believe that we can trust you to make a decision that will preserve the integrity of the ordinance and keep the tradition of valuing quality development in Southlake That will enhance the image of Southlake as the place to live. RECD JUL 1 0 2004 IM7 nuel & Mega Pekerti -- - - — —� Case No. ZA04 -026 Attachment F Page 2 ---------------- ---Il I ZEE! t.4 *M o �W 4� �M W 43H4q d,7 12WILL Sasw 99C sum IS ---------------- ---Il I ZEE! t.4 *M dkii ---------------- ---Il I ZEE! t.4 *M NME. E eva ,sc=ding to Lhe 11ro6 IrosuranCB Rate Map for Tarrant tc?mty, Texas aiA InrorpceatM Ar"$$ C3,Inurtfty Nc0. 450612, Panel No-. 25G dated 1 -6 -93, the suhjeCk property doa►a not lie within a 100-year hazard area. Subject p rape>z `ky lies in 3om X. LOT 6, BLOCK UTHM E J PHASE I AN ADDITION TO THE CITY OF 5OU rHLAKE, TARRANT COUNTY, TEXAS J' FLAT RECORDED IN CABINET A, SLIDE 784 PLAT RECORDS TARRANT COUNTY. TEXAS �5 �1 T HOMAS L. 71- fWP50N + 4alrhby fh 0101 !O be Irtlp and thh [aE[sT€FZ v cxraL 8t�Elra+e repPe3En[Q+iL71a kf 4 SURVE PrvsDE*ty 49 dG90rminld [>!P curacy an the ground cg14 Thai rhore Ord no y�•i'° .% •r . 1 W L 1H Al 1400 R EULESS BLVD- SUITE 102 e 444hm .enis,cClitllC9s,Prorru # on4 i 1237 EULESS TAG_ 76040 or oWrefa+ a mmenls except as rtisL # ($1h 267x9269 indicaledby Ibis p+a! v (817) 57J FAX. plat e N MY 57' E •- 1 'aw 1:. r ai_ JA LII r1 ', 5:'r? N I r• F W — �,o, Pi 91�once 0 La a] 0 47 yj s 'S ti - 13 I 1 r4 T o .krL F r' 0 i V) CL 30' 8uildinng Line , U1 O s�yn[ Trno.ggfe ! €� .ter .. plot 5 S$' 57' W -. 180-Dl' � �n S OUTHCREST LANE y 50' R.1J,t . — 50' CO NCRETE PAVING r NME. E eva ,sc=ding to Lhe 11ro6 IrosuranCB Rate Map for Tarrant tc?mty, Texas aiA InrorpceatM Ar"$$ C3,Inurtfty Nc0. 450612, Panel No-. 25G dated 1 -6 -93, the suhjeCk property doa►a not lie within a 100-year hazard area. Subject p rape>z `ky lies in 3om X. LOT 6, BLOCK UTHM E J PHASE I AN ADDITION TO THE CITY OF 5OU rHLAKE, TARRANT COUNTY, TEXAS ACCORDING TO THE FLAT RECORDED IN CABINET A, SLIDE 784 PLAT RECORDS TARRANT COUNTY. TEXAS T HOMAS L. 71- fWP50N + 4alrhby fh 0101 !O be Irtlp and thh [aE[sT€FZ v cxraL 8t�Elra+e repPe3En[Q+iL71a kf .+,'� w SURVE PrvsDE*ty 49 dG90rminld [>!P curacy an the ground cg14 Thai rhore Ord no y�•i'° .% •r . 1 W L 1H Al 1400 R EULESS BLVD- SUITE 102 e 444hm .enis,cClitllC9s,Prorru # on4 i 1237 EULESS TAG_ 76040 or oWrefa+ a mmenls except as rtisL # ($1h 267x9269 indicaledby Ibis p+a! v (817) 57J FAX. Case No. Attachment F ZA 04 -026 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -443 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 5D, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695; AND BEING 2.62 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "O -1" Office District under the Case No. Attachment G ZA04 -026 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 made; and, Case No. Attachment G ZA04 -026 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 Tract 5D, situated in the W.W. Hall survey, Abstract No. 695, and being 2.62 acres, and more fully and completely described in Exhibit "A" from "O -1" Business Service Park District to "S -P -1" Detailed Site Plan District with "O -1" Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: 1. Case No. Attachment G ZA04 -026 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 ZA04 -026 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. ZA04 -026 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. ZA04 -026 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -026 Attachment G Page 7 EXHIBIT "A" Being Tract 51), situated in the W.W. Hall survey, Abstract No. 695, and being approximately 2.62 acres. Field Notes All that certain lot, tract, or parcel of land in the W.W. Hall Survey, Abstract 695, Tarrant County, Texas, being a portion of that certain remainder tract of land conveyed to Vision Development, Ltd, by the deed recorded in Volume 16533, Page 66, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows' COMMENCING at the Northwest corner of Lot 1, Black 7, Southview Addition as recorded in Cabinet A, Slide 739, Plat Records, Tarrant County, Texas, said point being in the South Right of Way (ROW) line of Southcrest Lane; THENCE North 60 feet to a point in said North ROW line; THENCE North 89 degrees 57 minutes 00 seconds East 215.14 feet to the Point of Beginning (POB) of the herein described Tract, said POB being a 112 inch Iron Pin Found at the intersection of the West Right of Way (ROW) line of Carroll Avenue and the forth RC AN line of Southcrest Lane. THENCE South 89 degrees 57 minutes 00 seconds West, with said North ROW line 215.14 feet to a 518 inch iron pin found in the East line of Lot 6, Block 3, Southview Phase I, as recorded in Cabinet A, Slide 784, Plat Records, Tarrant County, Texas (P.R.,T.Co.,Tx.); THENCE North 00 degrees 35 minutes 51 seconds East with the East line of said Block 3,508.03 feet to a 518 inch Iron Pin Found at the Northeast corner of said Lot 4 and being in the South fine of Lot 1, Lake Wood Acres Addition as recorded ire Volume 386-137, Page 33 P_R.,T.Ca.,Tx.; THENCE South 89 degrees 47 minutes 53 seconds East with the South line of said Lot 1, 223.05 feet to a 5f8 inch Iron Pin found in aforesaid West ROW line of Carroll Avenue„ THENCE South 00 degrees 21 minutes 45 seconds West with said West ROW line 497.04 feet and South 45 degrees 09 minutes 12 seconds West 14.19 feet to the Paint of Beginning containing in all some 2.610 acres of land or 113,582 square feet. 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Banking 2. Chiropractors 3. Dentists 4. Duplication and mailing services 5. Optometrists 6. Physicians 7. Podiatrists 8. Psychiatrists 9. Psychologists 10. Radio recording and television broadcasting offices and studios Development Regulations Side yard setback shall be 10' 0" minim 2. Continuous trellises shall be permitted to cross property lines as shown on site plan 2A04 -o2t RECD JUL 0 2 2004 Case No. Attachment G ZA04 -026 Page 10