Item 8BCity of Southlake
Department of Planning
STAFF REPORT
August 11, 2004
CASE NO
ZA04 -039
PROJECT: Proposed Lots I through 4 and Lot 6 Cedar Ridge Offices
REQUEST: On behalf of Cedar Ridge Office Park, L.P., Panattoni Development Co. is requesting
approval of a zoning change and site plan. The purpose of this request is to revise the
previously approved site plan by combining three of the smaller buildings approved in
the northwest corner of the site into one; add the eastern property of this site to the
site plan; change the zoning to allow car ports and to adjust the impervious coverage
regulations to allow for further subdivision of the property. The applicant has also
deleted fourteen uses from the permitted uses of the "C -3" retail commercial district.
The following variances are requested:
• Articulation on buildings A and B;
• Drive stacking, 100 feet is required. Driveways vary from 0 to 125 feet.
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 -444
Full Size Plans (Ibr Com in and Council Menibersv Only)
STAFF CONTACT: Ken Baker (481 -2046)
Dennis Killough (481 -2073)
Case No.
ZA04 -039
BACKGROUND INFORMATION
OWNER: Cedar Ridge Office Park, L.P.
APPLICANT: Panattoni Development Co.
PURPOSE: The purpose of this request is to revise the previously approved site plan by
combining three of the smaller building into one; add the eastern property of
this site to the site plan; change the zoning to allow car ports; and to adjust
the impervious coverage regulations to allow for further subdivision of the
property.
PROPERTY SITUATION: The property is located on the northwest corner of State Hwy. 114 and N.
Carroll Avenue, south of E. Highland Street.
LEGAL DESCRIPTION: Portion of Lot 1, Block A, 114 & Carroll Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: C -3 General Commercial District
REQUESTED ZONING: S -P -1 Detailed Site Plan District
HISTORY: -City Council approved a preliminary plat for this lot on July 5, 1988.
-A final plat was approved on October 4, 1988.
-The "C -3" zoning was approved by City Council with the adoption of Zoning
Ordinance No. 480 on September 19, 1989.
-A site plan was approved on January 6, 2004.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends State Highway 114 to have
between 300 and 500 feet of right -of -way, N. Carroll Avenue to be a 3 -lane,
undivided arterial street with 94 feet of right -of -way, and Highland Street to
be a 4 -lane, undivided arterial street with 74 feet of right -of -way. Adequate
right -of -way exists for State Highway 114.
Existinz Area Road Network and Conditions
The proposed site will have two (3) accesses directly onto the service road of
State Highway 114, two (2) accesses directly onto Highland Street and two
on N. Carroll.
State Highway 114 is currently under construction to make it a 6 -lane, divided
freeway with 3 -lane service roads on either side. The construction is planned
for completion in early 2004.
Case No.
ZA04 -039
Attachment A
Page 1
N. Carroll Avenue and Highland Street are both currently 2 -lane, undivided
roadways. The intersection of N. Carroll Avenue has been widened to four
lanes as part of the State Highway 114 construction.
WATER & SEWER:
P &Z ACTION:
Case No.
ZA04 -039
May, 2003 traffic counts on S.H. 114 (between Carroll Ave & White
Chapel Blvd ): Table #1
24hr
West Bound (WB) (24,927)
East Bound (EB) (24,845)
WB
Peak A.M. (1,892) 7 — 8 a.m.
Peak P.M. (2,091) 5 — 6
Peak A.M. (138) 8 — 9 a.m.
Peak P.M. (156) 3 — 4 p.m.
p.m.
EB
Peak A.M. (2,152) 7 — 8 a.m.
Peak P.M. (2,072) 4 — 5
p.m.
May, 2003 traffic counts on N. Carroll Ave (between S.H. 114 &
Highland): Table #2
24hr
North Bound (NB) (1,534)
South Bound (SB) (1,430)
NB
Peak A.M. (129) 8 — 9 a.m.
Peak P.M. (152) 3 — 4 p.m.
SB
Peak A.M. (138) 8 — 9 a.m.
Peak P.M. (156) 3 — 4 p.m.
May, 2003 traffic counts on Highland Street (between Carroll Ave &
S.H. 114: Table #3
24hr
West Bound (WB) (249)
East Bound (EB) (187)
WB
Peak A.M. (79) 8 — 9 a.m.
Peak P.M. (50) 3 — 4 p.m.
EB
Peak A.M. (55) 8 — 9 a.m.
Peak P.M. (42) 3 — 4 p.m.
Traffic Impact
*Estimated traffic generation for build -out of the entire 15.29 acre site
*Vehicle Trips Per Day
*The AN"M times represent the number of vehicle trips generated during the peak travel times
on State Highway 114.
A 12 -inch water line exists along the north side of State Highway 114 and
along the west side of N. Carroll Avenue. An 8" sanitary sewer line extension
is being proposed along the north side of State Highway 114 to serve the site.
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 30, 2004; granting the requested variances and allowing 51 covered
surface parking spaces and 126 covered parking spaces under Building A;
Requiring resurfacing of E. Highland Street with the construction of the first
building and requiring that E. Highland Street intersection at N. Carroll
Avenue be reconstructed to eliminate the street off -set and to improve the
Attachment A
Page 2
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Total
5,314
289
97
284
444
A 12 -inch water line exists along the north side of State Highway 114 and
along the west side of N. Carroll Avenue. An 8" sanitary sewer line extension
is being proposed along the north side of State Highway 114 to serve the site.
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 30, 2004; granting the requested variances and allowing 51 covered
surface parking spaces and 126 covered parking spaces under Building A;
Requiring resurfacing of E. Highland Street with the construction of the first
building and requiring that E. Highland Street intersection at N. Carroll
Avenue be reconstructed to eliminate the street off -set and to improve the
Attachment A
Page 2
curb radii with the construction of Building A.
STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3 dated August 11, 2004
2004.
Please note that the areas shown as Lots 5 and 7 are exclude form this site
plan and zoning request. Site plans for these lots will be will be submitted for
approval separately.
The applicant requests approval of the S -P -1 zoning uses and regulations as
shown as part of attachment `C' of this report.
The following variances are requested:
1) Articulation on buildings A and B;
2) Drive stacking, 100 feet is required. Driveways vary from 0 to 125
feet.
M \Community Development \WP - FILES \MEMO \2004cases \04- 039ZSP.doc
Case No. Attachment A
ZA04 -039 Page 3
Vicinity Map
Cedar Ridge
W
Case No.
ZA04 -039
Attachment B
Page 1
U ^'
a
v
■
� I
13
i
_ 7 13
ps �x ❑ 1l BRIE 113
1 Ix a 0
i
E3
1
1 rl
y I
1
I
l
Y I 1
■
I
6
L —
� P
�— � lad N91ir
GYiYT
I�F'1�i6RIbl�14
am �
I N4 P
I �r � r+4waa Cl_
gw. ewe
rr � n �y�
I] G
1 s �.w �— Q
l
O SHEET NO. v
tua
M1 ] r'r"■'■�'■1�
Ni
O M
U N
t�+71P
I
1Lr
13
i
_ 7 13
ps �x ❑ 1l BRIE 113
1 Ix a 0
i
E3
1
1 rl
y I
1
I
l
Y I 1
■
I
6
L —
� P
�— � lad N91ir
GYiYT
I�F'1�i6RIbl�14
am �
I N4 P
I �r � r+4waa Cl_
gw. ewe
rr � n �y�
I] G
1 s �.w �— Q
l
O SHEET NO. v
tua
M1 ] r'r"■'■�'■1�
Ni
O M
U N
■
f
■
■
■
0 ■ ■
■
M REAR EUVAi[UN-BLEQA
e plll�fl� II �'"
^r=
h .1
f"' �`Le4111171
�4 FRQf3°C F:f.P1+AT7t9f$
% ill E 7 2004
■
■
II
N
41 FRUNT
ELVATION
-BLM
i
e plll�fl� II �'"
^r=
h .1
f"' �`Le4111171
�4 FRQf3°C F:f.P1+AT7t9f$
% ill E 7 2004
■
■
n n
s E � u
0 l n
n r.
a
IHV1 Wo
A4M
■ 1 iwiwA p
.w PRqm awn
1 13
rt �rfr
J wI M p
13 I a a p
■ a rilula p
p SEE 1}
raga a. a Q 0
13 SMOM ?ICK 17 i
Q EL-2 O �p
CAM ma Ir1U
'� UN
L.J
N
a
U
M
L' p.
L L
r Q'BR1EN'
ro a .saulc[ns� n
Li U
it manff R:1 u+o
b"T" CI
_r ri
n n
s E � u
0 l n
n r.
a
IHV1 Wo
A4M
■ 1 iwiwA p
.w PRqm awn
1 13
rt �rfr
J wI M p
13 I a a p
■ a rilula p
p SEE 1}
raga a. a Q 0
13 SMOM ?ICK 17 i
Q EL-2 O �p
CAM ma Ir1U
'� UN
L. M
a
v
■
a
a
0
EL- -11 APP BY CITY COUNCIL
{I " '
A
y
■
F y.
oil
F �
A
•a+
M 1 4H� Tr IMH@LLY ■r!■iITi
■ RED JUL 2 7 IC14
Q�
a �
O'BRIEN
A AS'CX'F
r rue
d L
■
O L'
c1
cl
■
o *fir
I Ni l
o u
O O
Mmus Lou
■ 99
.0 m.
4.". - ,
_r +r *� o
a o
a v In
� r
waam�+�
in
J W • �+
d 01
C M
7 sm iz r Ma 13 Z O
o EL -1 0 o
CM KA
■ � U N
bI wnr FLE -hr.
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 "C -3" General
Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance
No. 480, as amended.
Permitted Uses
1. Any use permitted in the C -2 Local Retail Commercial District.
2. Auditoriums, theaters and cinemas.
3. Department stores.
4. Dry Goods and notion stores without size limitation.
5. Electrical and gas appliances and supply sales, electrical and gas repair and
installation services.
6. Health and physicall fitness and gymnasiums.
7. Hobby shops.
8. Household and office furniture, furnishings and appliances.
9. Medical care facilities to include nursing and care homes, hospitals with their
related facilities and supportive retail and personal service uses operated by or
under the control of the hospital primarily for the convenience of patients, staff
and visitors.
10. Music or record shops.
11. Pet shops
12. Piano stores, musical instruments and supplies.
13. Printing, lithographing or duplicating jobs without size limitation.
14. Retail stores, businesses or shops for custom work or the manufacturing of
articles to be sold at retail on the premises, providing that in such manufacture,
the total mechanical power shall not exceed five horsepower for the operation of
any one machine and provided that the space occupied by the manufacturing use
permitted herein shall not exceed fifty (50) percent of the total floor area of the
permitted use and provided further that such manufacturing use is not noxious or
3 RECD � � L D 2 2004
09
Case No. Attachment C
ZA04 -039 Page 4
offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all
activity shall be conducted totally within the same building. It is the intent of this
provision that the manufacturing activity be related to the production of small
items in the craft -type environment rather than high intensity construction
activities.
15. Taverns, clubs, and other comparable establishments under which the on- premises
consumption of alcoholic beverages is permitted subject to issuance of a special
use permit as required in Section 45 of this ordinance. The mere reference to this
provision within the zoning ordinance does not indicate or imply that the sale or
consumption of alcoholic beverages has been or will be permitted under the
alcoholic beverage laws of the State of Texas. It is only intended to define a
location for this type of use if its existence should be permitted by state law.
16. Variety stores without size limitation.
Development Regulations
This property shall be subject to the development regulations for the "C -3" General
Commercial District, and all other applicable regulations with the following exceptions:
1. Maximum Impervious Coverage: The maximum impervious coverage of the
land area defined by this zoning shall not exceed 75% of the net area 91ess
area lying within a dedicated right -of -way). Individual lots that may be
created within the zoning district shall not be limited.
2. Carports shall be considered as a permitted accessory use in the locations
depicted on the approved Site Plan. The carports shall include 126 "under -
building" carport spaces and 50 detached carport spaces (64 detached carport
spaces on Plan "B ").
ZA04 ° 039
Case No. Attachment C
ZA04 -039 Page 5
IFJ a y
113E
'B R I E N & A S S 0 i A T E S I N C
A R C H I T F C T U R E o F L A N .°J I N L i r A N T E t2 I (' It S
July 26, 2004
Planning & Zoning Commission
Vo Mr_ Dennis K11lough
Senior Planner
City of 'South lake
1401 Main Street, .bite 310
Southlake, TX 76092
Re: City of Sout Make Zoning Case ZA04 -03'1
Dear Planning & Zoning Commission_
1 would like to address comments by Keith Martin regarding the parking lot landscape. We have
adjustod sorne of the islands to conform as much as "ible to the I'' wide planter island
requirement. We are not able to do so everywhere due to the fact that we are accommodating for
another request by Mr- Martin - We created a big "tongue" that stretches from the north property
Line into the site between the 30,000 s, f, and the 10 l ,000 s -1`, hu ildirlg- This was done to save trees
that exist in that location. We have drastically limited our parking lot area bccausc of this,
therefore limiting our area for smaller planter islands. We feel that by doing this, %ve are creating
a big landscape area, which we should be able to count towards our parkin g lot landscape_
Sincerely,
Stefan Hamig,
n j k.) L 2 w 2044
5310 Katy" Bill Road + Suitc 136 . Dallas, TX 7523E a 972 -388x10 LO + FAY 972-7994828
www.obriensirch.com
Case No.
ZA04 -039
Attachment C
Page 6
SITE PLAN REVIEW SUMMARY
Case No.: ZA04 -039 Revised Review No.: Three Date of Review: 8/11/04
Project Name: Zoning and Site Plan — Cedar Ridge Office
APPLICANT: Panatonni Development Co. ARCHITECT: O'Brien & Associates
Dan Anderson
5950 Berkshire Lane, Suite 500
Stefan Haessig
5310 Harvest Hill Rd, Suite 136
Dallas, TX 75225
Phone: (214) 370 -9000
Fax: (214) 370 -9001
Dallas, TX 75230
Phone: (972) 788 -1010
Fax: (972)'788 -4828
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/02/04 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 DENNIS KILLOUGH AT (817) 481 -2073.
Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c. l.c
on all facades visible from a Corridor R.O.W. The following issues exist:
a) Building A does not meet horizontal or vertical requirements on the east and west facade. The
south facade does not meet the vertical articulation requirements. (North fa(ade is not visible
from SH 114) (A variance is being requested)
b) Building B does not meet the horizontal or vertical requirements on the south facade. (North
fa(ade is not visible from SH 114) (A variance is being requested)
c) Remove the label "metal supports painted" from the carport columns.
The applicant should be aware that the proposed standing seam metal roof must have a
factory applied non - metallic finish.
2. Provide the minimum driveway stacking depths. The minimum stacking depth required for drives on
this site is 100'. Stacking is measured from the property line to the first parking space or drive lane
that provides access to parking. Stackingprovided varies from 0' to 125' on various driveways. (A
variance is being requested.)
3. Provide landscape corrections as specified in the attached the Landscape Administrator's review.
(Variance Requested — applicant requests that the landscape parking islands be permitted as
proposed.)
4. Improve the legibility of the data and landscape charts.
The following changes are needed regarding carports:
Case No.
ZA04 -039
Attachment D
Page 1
a) Remove the plan B' reference to the "Car Ports" in the Regs. Also correct the number of
surface parking carports. There appears to be 51 detached carports proposed.
b) Correct the landscape area and plantings to reflect the area of the carports. Although the
carports are being propose as a permitted accessory use under the "S -P -1 "zoning request and
is not being requested as a Specific Use Permit, the SUP regulations established under
Ordinance 480, Sect. 45. 11, as amended, requires that the area of the parking structure
footprint be included when calculating the amount of interior landscaping required on the
interior of the lot, or equal to 50% of the area covered by the carports for this site.
6. Staff recommends that resurfacing E. Highland Street as part of the construction of the first
building(s). Also, that intersection offset at N. Carroll Avenue be corrected and improvement to turn
radii of be required as part of the construction of Building `A'.
INFORMATIONAL COMMENTS
* N. Carroll is designated as an arterial street with 94' of R.O.W. The plat appears to have dedicated
42' from the centerline. Highland Drive is designated as an arterial street with 74' of R.O.W. The
plat appears to have dedicated 32' from centerline. An additional 5' of R.O.W. would need to be
dedicated for both streets if the property is subdivided. The applicant has accommodated the
dedication in the site plan.
* It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* The applicant should be aware that prior to issuance of a building permit a fully corrected site plan,
landscape plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter
Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
* A permit from TXDOT must be obtained prior to any curb cut along S.H. 114. It is strongly
recommended that the applicant contact TXDOT immediately to determine any additional
requirements or restrictions that may exist
Case No. Attachment D
ZA04 -039 Page 2
Case No. 04 -039 Review No. — Two — Dated: July 29, 2004 Number of Pages:
Project Name: Cedar Ridge (Zoning — Site Plan)
Comments due to the Planning Department: June 29, 2004
Contact: Keith Martin Phone: (817) 481 -5640 Fax: (817) 481 -5713
The following comments are based on the review of plans received on July 27, 2004 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z
or City Council. It is the applicant's responsibility to contact the department representative shown
above and make modifications as required by the comment.
Are the bufferyards correctly shown and labeled?
All of the bufferyards are correctly shown and labeled. The applicant is proposing to double the width
of the West portion of the North bufferyard of Lot 4, and take a 20% reduction in the required plant
material. Although we have never allowed a development to double the width of just a portion of a
bufferyard, the proposed 20% reduction in required plant material only reduces the amount of accent
trees by one (1) and shrubs by three (3) required to be placed in the Lot 1 North bufferyard.
Does the plan meet the interior landscape requirements?
Lot 4 does not meet the interior landscape area requirements, but if the development is considered as
one whole project it meets and exceeds the minimum interior landscape area requirements.
Does the plan meet the parking lot landscaping requirements?
The parking Lot 4 parking landscape medians have been redesigned to provide only three (3)
landscape islands and there is not landscape islands provided at the ends of the rows of parking.
There are also two (2) parking lot landscape islands in Lot 2 that are not the minimum width of 12'.
Each row of parking stalls shall provide the required landscape area, however, it shall be the
applicant's right to place the islands near the buildings, throughout the parking, or at the end of the
rows away from the building. The Landscape Administrator may modify the island requirement for
each row in situations where it would appear beneficial to combine an awkward or hazardous island
into a larger island within the parking area. Planter islands shall have a minimum width of 12' back -to-
back if curbed or 13' edge -to -edge if no curb is intended, and shall be equal to the length of the
parking stall. Parking lot landscape areas do count towards the total required interior landscape area.
Are the parking /bufferyard /landscaping summary charts correct?
Case No.
ZA04 -039
Attachment D
Page 3
The applicant is proposing to plant less than the required amount of plant material in Lots 4, but
makes up the deficient amount of required plantings by proposing an excess of planting on the other
lots.
2. Both the bufferyards and interior landscape charts calculations are correct.
3. In the interior landscaping the applicant is proposing to provide the following planting material over
the minimum amounts required by ordinance: 92 additional Canopy Trees, 184 additional Accent
Trees, 1,156 additional Shrubs, 6,934 square feet of additional Ground Cover, and 923 square feet of
Additional Seasonal Color.
92 — Canopy Trees
184 — Accent Trees
1,156 — Shrubs
6,934 — Ground Cover square footage
923 — Seasonal Color square footage
Is a tree survey required?
A Tree Survey was submitted with the Site Plan.
Other Comments?
Case No.
ZA04 -039
Attachment D
Page 4
TREE PRESERVATION ANALYSIS
(Non - Residential Development)
Case: 04 -039 Date of Review: July 29, 2004 Number of Pages: I
Project Name: Cedar Ridge (Zoning /Site Plan)
OWNER \ APPLICANT
Panattoni Development Company
Phone: (214) 370 -9000
Fax: (214) 370 -9001
PREPARED BY:
O'Brien & Associates
Phone: (972) 788 -1010
Fax: (972) 788 -4828
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:
The only trees being proposed to be preserved on the site are within a large landscape island located
in Lot 2 and Lot 4, and along the R.O.W. and bufferyard areas of Highland Street and N. Carroll
Avenue. Most of the trees being proposed to be preserved within the large landscape island would be
removed if the future proposed parking spaces are constructed leaving only one tree remaining in the
largest portion of the island. There are also grade changes proposed within the large median and in
the area along Highland Road where trees are shown to be preserved.
2. The calculations on the submitted Existing Trees To Be Removed plan and the Existing Trees To
Remain plan, contradict each other. On the Existing Trees To Be Removed plan the total number of
trees to be removed is 346 and the total inches is 3,565 inches. On the Existing Trees To Remain plan
the total number of trees to be removed is 377 and the total inches is 3,865 inches. Both of the plans
calculations should match. Please recalculate the tree removal and mitigation for both plans.
3. The applicant proposes to mitigate the trees being removed to construct the Retention/Detention
Ponds and others that fall outside of the parking lot fire lanes, building pads and access drives. There
is a note provided on the Existing Trees To Remain plan that states, "The City of Southlake may not
require full mitigation of trees removed from required detention areas."
The following regulations of the Tree Preservation Ordinance 544 -B apply to non- residential
development:
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
Case No.
ZA04 -039
Attachment D
Page 5
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.
* It is at the City's discretion to choose the type of tree mitigation that will be provided by the
developer. It may be decided that the developer make a full payment into the Reforestation Fund,
plant the mitigation trees on the developing site, plant the trees on public property or a provide a
combination of the three methods previously mentioned.
Case No. Attachment D
ZA04 -039 Page 6
Surrounding Property Owners
Cedar Ridge
Owner
D
10
11
12
:13 14
15 16
Land Use
1.
D/Fw -Hwy 114/Highlands Ltd.
"AG"
Mixed Use
6.100
2.
D/Fw -Hwy 114/Highlands Ltd.
"AG"
Mixed Use
1.000
3.
D/Fw -Hwy 114/Highlands Ltd.
"AG"
Mixed Use
3.960
4.
Highland Group Jv.
"C -3"
Mixed Use
12.000
5.
Highland Group Jv.
"C -3"
Mixed Use
1.534
6.
Montessori Academy Southlake
"CS"
Mixed Use
3.309
7.
Montessori Academy Southlake
"CS"
Mixed Use
1.000
8.
Brown, J D
"AG"
Mixed Use
1.000
9.
Carroll ISD
"CS"
Public / Semi -Public
14.753
10.
Maenius, G.K. /County Admin.
"CS"
Public / Semi -Public
5.000
11.
Carroll ISD
"CS"
Mixed Use
0.800
12.
Carroll ISD
"AG"
Mixed Use
1.041
13.
Moss, Richard B & Polly J.
66 C -1 "
Mixed Use
0.389
14.
Steele, Robert R & Crystal
"AG"
Mixed Use
0.317
15.
Nee Carroll/114 Adjacent Land
"C - -I "
Mixed Use
0.354
16
Nee Carroll / 114 Prtnshp.
"AG"
Mixed Use
0.323
17.
D/Fw -Hwy 114 / Limited
"C -3"
Retail Commercial
15.282
*Based on the amended request, property owners in
italic were notified but are outside the 200' notification area.
Case No. Attachment E
ZA04 -039 Page 1
Surrounding Property Owner Responses
Cedar Ridge
Notices Sent: Nine (9)
Responses: None (0)
Case No.
ZA04 -039
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -444
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 A
PORTION OF LOT 1, BLOCK A, 114 & CARROLL ADDITION; AND
BEING 11.587 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL
COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN
DISTRICT WITH LIMITED "C -3" GENERAL COMMERCIAL
DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C -3" General Commercial
Case No. Attachment G
ZA04 -039 Page 1
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
Case No. Attachment G
ZA04 -039 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 a portion of Lot 1, Block A, 114 & Carroll Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -218, Page 59,
Plat Records, Tarrant County, Texas, and being approximately 11.587 acres, and more fully
and completely described in Exhibit "A" from "C -3" General Commercial District to "S -P -1"
Detailed Site Plan District with limited "C -3" General Commercial District uses 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 -039 Page 3
1.
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.
Case No. Attachment G
ZA04 -039 Page 4
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
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
Case No.
ZA04 -039
Attachment G
Page 5
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.
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 -039
Attachment G
Page 6
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA04 -039
Attachment G
Page 7
EXHIBIT "A"
Being a portion of Lot 1, Block A, 114 & Carroll Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388 -218, Page 59, Plat Records, Tarrant County,
Texas, being approximately 11.587 acres.
DESCRIPTION OF PROPERTY
DESCRIPTION, of an 11.587 acre tract of land situated in the W. Hall Survey, Abstract No_ 695,
Tarrant County, Texas; said tract being part of Lot 1, Block A, 114 & Carroll Addition, an
addition to the City of Scuthlake according to the plat recorded in Volume 388 -218, Page 59 of
the Plat Records of Tarrant County, Texas; said 11.587 acre tract being more particularly
described as follows:
COMMENCING, at a " +" cut in concrete found at the intersection of the south right -of -way line of
Highland Road (County Road 3034), a variable width right -of -way, 85 -feet wide at this point)
with the west right -of -way line of N. Carroll Avenue (County Road 3621, a 67 -foot wide right -of-
way);
THENCE, South 00 degrees, 06 minutes, 00 seconds West, along the said west line of N.
Carroll Avenue, a distance of 499.29 feet to a point;
THENCE, North 89 degrees, 54 minutes, 00 seconds West, departing the said west line of N_
Carroll Avenue, a distance of 5.00 feet to the POINT OF BEGINNING;
THENCE, North 89 degrees, 54 minutes, 00 seconds West, a distance of 152,55 feet to a point
for corner,
THENCE, North 51 degrees, 00 minutes, 23 seconds West, a distance of 206.00 feet to a point
for corner;
THENCE, South 38 degrees, 59 minutes 37 seconds West, a distance of 28183 feet to a point
for corner in the northeast right -of -way line of Northwest Parkway (E. State Highway No. 114, a
variable width right -of -way);
THENCE, North 51 degrees, 00 minutes, 23 seconds West, along the said northeast line of
Northwest Parkway, a distance of 1035.58 feet to a Texas Department of Transportation
Aluminum Disk found for corner; said point being at the south end of a right -of -way corner clip at
the intersection of said northeast line of Northwest Parkway and the said south line of E.
Highland Street;
THENCE, North 20 degrees. 26 minutes, 19 seconds East, departing the said northeast line of
Northwest Parkway and along said corner clip, a distance of 13.82 feet to a paint for corner,
said point being a perpendicular distance of 5.00 feet from the said south line of E. Highland
Street;
THENCE, easterly, departing the said corner clip and staying at all times a perpendicular
distance of 5.00 feet from the said south line of E. Highland Street, the following five (5) calls:
South 88 degrees, 07 minutes, 00 seconds East, a distance of 941.39 feet to a point at
the beginning of a tangent curve to the right;
In a easterly direction, along said curve to the right, having a radius of 395.00 feet, a
central angle of 14 degrees, 39 minutes, 14 seconds, a chord bearing and distance of
South 80 degrees, 47 minutes, 23 seconds East, 100.75 feet, an arc distance of 141.02
feet to a point at the end of said curve;
Case No.
ZA04 -039
Attachment G
Page 8
South 73 degrees, 27 minutes, 47 seconds East, a distance of 50-00 feet to a point at
the beginning of a tangent curve to the left;
In a easterly direction, along said curve to the left, having a radius of 405.00 feet, a
central angle of 15 degrees, 37 minutes, 34 seconds, a chord bearing and distance of
South 81 degrees, 16 minutes, 34 seconds East, 110.11 feet, an arc distance of 110.45
feet to a point at the end of said curve;
South 89 degrees, 05 minutes, 35 seconds East, a distance of 95.08 feet to a point for
corner; said point being a perpendicular distance of 5.00 feet from the said west line of
N. Carroll Avenue;
THENCE, South 00 degrees, 06 minutes, 00 seconds West, staying at all times a perpendicular
distance of 5.00 feet from said west line of N. Carroll Avenue, a distance of 494.36 feet to the
POINT OF BEGINNING;
CONTAINING, 504,725 square feet or 11.587 acres of land, more or less.
Case No.
ZA04 -039
Attachment G
Page 9
O
W
■
r
■
■
o a
o Q'BRIEN°
0 a AXIWIATM u
ru
r — — o u
i C3
I i
b
I r i 7
I� n u
II
I ■ 1R- - E❑
I
ri - o
I � a u
j 1
I d
L
i I ■ tour un
i r mwr ra
l I
L
ID
9
I ❑ n
-- ar WlIiY
°M
I
r r p P" w n
IN
x rft w
L
!7
HE No.
� M1y ■ o�
� a
V
C�
I
O M
Z O
y O
V N
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 "C -3" General
Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance
No. 480, as amended.
Permitted Uses
1. Any use permitted in the C -2 Local Retail Commercial District.
2. Auditoriums, theaters and cinemas.
3. Department stores.
4. Dry Goods and notion stores without size limitation.
5. Electrical and gas appliances and supply sales, electrical and gas repair and
installation services.
6. Health and physical fitness and gymnasiums.
7. Hobby shops.
8. Household and office furniture, furnishings and appliances.
9. Medical care facilities to include nursing and care homes, hospitals with their
related facilities and supportive retail and personal service uses operated by or
under the control of the hospital primarily for the convenience of patients, staff
and visitors.
10. Music or record shops.
11. Pet shops
12. Piano stores, musical instruments and supplies.
13. Printing, lithographing or duplicating jobs without size limitation.
14. Retail stores, businesses or shops for custom work or the manufacturing of
articles to be sold at retail on the premises, providing that in such manufacture,
the total mechanical power shall not exceed five horsepower for the operation of
any one machine and provided that the space occupied by the manufacturing use
permitted herein shall not exceed fifty (50) percent of the total floor area of the
permitted use and provided further that such manufacturing use is not noxious or
ZA04-039 RECD J U L 0 2 2004
Case No. Attachment G
ZA04 -039 Page 11
offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all
activity shall be conducted totally within the same building. It is the intent of this
provision that the manufacturing activity be related to the production of small
items in the craft -type environment rather than high intensity construction
activities.
15. Taverns, clubs, and other comparable establishments under which the on- premises
consumption of alcoholic beverages is permitted subject to issuance of a special
use permit as required in Section 45 of this ordinance. The mere reference to this
provision within the zoning ordinance does not indicate or imply that the sale or
consumption of alcoholic beverages has been or will be permitted under the
alcoholic beverage laws of the State of Texas. It is only intended to define a
location for this type of use if its existence should be permitted by state law.
16. Variety stores without size limitation.
Development Regulations
This property shall be subject to the development regulations for the "C -3" General
Commercial District, and all other applicable regulations with the following exceptions:
1. Maximum Impervious Coverage: The maximum impervious coverage of the
land area defined by this zoning shall not exceed 75% of the net area 9less
area lying within a dedicated right -of -way). Individual lots that may be
created within the zoning district shall not be limited.
2. Carports shall be considered as a permitted accessory use in the locations
depicted on the approved Site Plan. The carports shall include 126 "under -
building" carport spaces and 50 detached carport spaces (64 detached carport
spaces on Plan `B ")
ZA04 -039
RECD `" L 0 n 2001,
Case No. Attachment G
ZA04 -039 Page 12