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
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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
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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
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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.
Case No.
ZA04 -026
Attachment G
Page 8
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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" 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