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Item 7ECity of Southlake Department of Planning STAFF REPORT September 1, 2004 CASE NO ZA04 -039 PROJECT: Proposed Lots 1 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 carports as an accessory use and to adjust the impervious coverage regulations to allow for further subdivision of the property. The development shall follow the "C -3" regulations for development except as noted above. Lots 1 through 4 shall be permitted shall have limited "C -3" uses. Fifteen "C -3" uses have been eliminated. Lot 6 is limited to "O- 1" office district uses. The following variances are requested: • Articulation on buildings A and B; • Drive stacking, 100 feet is required. Driveways vary from 0 to 125 feet. • Mechanical equipment screening as shown on attached site line exhibits (See attachment `C', pages 5 and 6. • Allow the landscape parking islands as shown on the site plan. A few islands do not meet the minimum 12 feet width. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change and site plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) Case No. ZA04 -039 Background Information Vicinity Map Plans and Support Information Site Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -444 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (481 -2046) Dennis Killough (481 -2073) Case No. ZA04 -039 Attachment A Page 1 BACKGROUND INFORMATION OWNER: Cedar Ridg Office e Oce Park, L.P. APPLICANT: Panattom Development Co. 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 Thoroukhfare 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. E_xistin,y 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. 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. May, 2003 traffic counts on S.H. 114 (between Carroll Ave & White Case No. Attachment A ZA04 -039 Page 2 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 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 Impac *Estimated traffic generation for build -out of the entire 15.29 acre site *Vehicle Trips Per Day *The AM /PM times represent the number of vehicle trips generated during the peak travel times on State Highway 114. WATER & SEWER: 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. P &Z ACTION: July 22, 2004; Due to a lack of quorum, P &Z did not act on this item. August 5, 2004; Approved (4 -0) subj ect 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 curb radii with the construction of Building A. COUNCIL ACTION: August 17, 2004; Approved first reading (6 -0) subject to Revised Site Plan Review Summary No. 3, dated August 11, 2004; granting variances in articulation for Buildings A and B; approving variance in stacking depths; Lot 6 limited to O -1 Office District; consider reduction of permitted uses for Lots 2 & 4; eliminating taverns on the entire property; approve variance in Case No. Attachment A ZA04 -039 Page 3 Vtpd* AM- IN AM- OUT PM- IN PM- OUT Total 5,314 12 89 97 284 444 *Estimated traffic generation for build -out of the entire 15.29 acre site *Vehicle Trips Per Day *The AM /PM times represent the number of vehicle trips generated during the peak travel times on State Highway 114. WATER & SEWER: 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. P &Z ACTION: July 22, 2004; Due to a lack of quorum, P &Z did not act on this item. August 5, 2004; Approved (4 -0) subj ect 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 curb radii with the construction of Building A. COUNCIL ACTION: August 17, 2004; Approved first reading (6 -0) subject to Revised Site Plan Review Summary No. 3, dated August 11, 2004; granting variances in articulation for Buildings A and B; approving variance in stacking depths; Lot 6 limited to O -1 Office District; consider reduction of permitted uses for Lots 2 & 4; eliminating taverns on the entire property; approve variance in Case No. Attachment A ZA04 -039 Page 3 the site line drawing as presented; relocate carport areas shown on applicant's map; and approving revised screening for parking area under building `A' (See attachment `C', page 7.) STAFF COMMENTS: Attached is Site Plan Review Summary No. 4 dated September 1, 2004 2004. Please note that the areas shown as Lots 5 and 7 are excluded from 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. 3) Mechanical equipment screening as shown on attached site line exhibits (See attachment `C', pages 5 and 6. 4) Allow the landscape parking islands as shown on the site plan. The landscape administrator's comments indicate that a few islands do not meet the minimum 12 feet width. M \Community Development \WP - FILES \MEMO \2004cases \04- 039ZSP.doc Case No. Attachment A ZA04 -039 Page 4 Vicinity Map Cedar Ridge U Case No. ZA04 -039 Attachment B Page 1 U -I ■ 0 0 EN I L --- -------------- A A ASSOC LALTO ❑ - - ---------- m VNE E3 ❑ LIE rj IN n 01 SITE PLAN 11 tip u ❑ 0 OEM unima Hilt fj Lim 0 11118 ■ 13 cl 0 cp ❑ "4" —4 ri L3 ❑ SHEFT NOL r-1 ■ o sp I RECD AUG � 6 a-: U N ■ 9BR t EN ❑ ❑ Z rMurr+ r ip ❑ ..4RIllilllll;lll: h ti r ■ ❑ ❑ dw ❑7 ❑ CEDAR Rl L ❑ r, TENANT '12MANT TE'N TFHr:A] i TFN i FiM9VTYILY - —_' SIDE VIEW Q F s la 1M4M1MMFi lif C tr G J-67 - G er 3 ID I D 7 � uix■ ua� 4 `.•.err ars aaaae r ara.ut leas NO art reewaw ww m ❑ �'� O ❑ . 13 —t ■ ❑ �raaw roar. ❑ Cl Cl E3 0 ra e.rrr air e�.aaeesere rseewr ❑ SH IEFr MQ O EL-1 C � P a v C� ai O M Z O 0 U N o� 00 W i n b � QQ � fAr ■ vou �; ` - �(7r1 COY i ❑ ` 'JEJ u U 'ON JA — MH9 o l+T�fl�� 9rF F1�ll�' 373 3 15 �o C O [5 ❑ U ■ a G —q w X111 7 n .rN■r T--- ❑ rt-sx 11 *W14 W1 171 ±� G ia. rs .rFs s9P4 ,�.. ■ •°",••,� i- kli111MfA3T3 !w "6Y� 10 r � n 04 L t a u 1 e rn G ■' -� 0 . -D n _ ... o u 13 J M. �4 CJ 134Y1}GM'r ❑ h[3111ELO ra 3 U d ■ ■ a ■ i ■ W n U rt a v 9 ■ u u -.6 NEAR H rsI F' �t�'��r �f 1°V A,TI�1'{•�1� ■ ■ a s 1 9 ■ u u -.6 NEAR H rsI F' �t�'��r �f 1°V A,TI�1'{•�1� ■ ■ a f 0. 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E) ❑ Ke, ❑ a v 2i C� O M ° U N ■ ZA04 -039 RECD AUG 1 7 2O0 v a ❑ ❑ y ° O'BRIEN ° ° & ASSOCIATES ❑ ❑ x e. o., Li MM HARYEST HML HUA➢ ❑ Sims W ❑ RAL ST�15Z10 ❑ xAi 121¢JMI ❑ nna6rkoucEw¢ ■ cf ❑ M a e. ❑ 0 F z ❑ Z ¢¢ ry} 0 ❑ �` � C o w ❑ ❑ C 7C w a❑ ❑ u p A °x < ❑ ❑ Q❑ 9 MUE Loa M ■ ❑ ❑ ❑ 1 3 Ll ❑ em;munox xa.¢ ❑ SHEET NO. ❑37 FT .o 4 , 4 U N U r a v 2i ■ ■ ■ ■ ... :« PDF created with pdfFactory trial version www.pdffactory. corn ■ WST ELVAML - D UILDJNQ A or" war ZA04 ° 039 RECD AUG 1 7 2004 ■ ■ d P p CI ❑ 9BRMN o auawr�enras run ❑ uuwm�uw ❑ ■ w.�a. ❑ ❑ . ❑ 2 No p ❑ i.�Rorawaw� ❑ uwr p . o� ❑ wma. xs 7+xv�rr �micew. d �ww p Piu"' aaa ■ O it w.0 co. �. su O rs o:� warn • SHEET NP. d L5-4 CASENO. 3. 7l O M ° U N Proposed Permitted Uses and Development: Regulations for - S-F- I" Ironing permirted Uses Lots 1, 2, 3 and 4 shall be limited to the permitted uses as found in the "C-3" General Conmercial District as described in Section 2- of the Comprehensive Zoning Ordinance No, 484, as amended, Permitted Uses 1.. Any use permitted in the C-2 Local Retail Comme-rcial District, 2. Auditoriums, theaters and cinemas, 3. ENcpartrnent sto es. 4. Dry !Goods and notion stores without size limitation,- . Electrical and - appliances and supply sales, electrical and gas repair and installation serviccs- 6. Health and - physical fitness and gymnasiums.. 7. Hobby shops. S. Household and office furniture., furnishings and appliances- q, Medical care facilities to include nursing and care harries, hospitals with their related; facilities and supportive reta and personal service uses operated by or under the control of The hospital primarily for the convenience of patients, staff aind visitors. 10. Music or record shops. 11. Pet shops 12- Piano stares, musical instruments and supplies. 13- Printing„ lithographing or duplicating jobs without size ltrnitation. 14, Retail stores, businesses or shops for custom work of the manufacturing of articles to be sold at retail on the prcrr�ses, providing that in such manufacture,, the total mechanical power shall not exceed five horsepower for the oration of any one machine and provided that the space occupied by the manufacturing use penrnitted herein shall oat exceed fifty (50) percent of the total floor area of the petrnitted use and provided further that such manufacturing use is not nL)XiOU5 or RECD AU G 3 0 1 IJ 0 4 Z 04 °039 Case No. Attachment C ZA04 -039 Page 8 offensive by reason of vibration, no - Ise, odor, dust, smoke or fume, and all activity shall be QoAducteid 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 constructicn activities, 15. Variety stores witbout size limitation Lot 6 shall be limAr-d to the peranitted uses as found in the'04" general Office District as described in section 18 of the ComprehEnsivo Zoning Ordinance Nol 480 -UU, as amended, Devekprntnt Ike Ug a_ ns This property shall be subject to the develvpmmt regulations for the " -3" General Commercial District, and all other apphrablc regulations with the following. exceptions: 1. Maximurn Lmpuvious Coverage: The maximum impriNious coverage of the land arca defined by this zoning shall not exceed 75% of the net area (less arfa lying within a dedicated riot -of -way), Individual lots that may be emoted within the zoning district s110 not be limited, 2. Csrparts shall be considered as a permitted accessory use in the looations depicted on the approved Site Plan. The carports shall include 12 "undcr- buildinlg" carport spaces arid 47 detached carport spaces- 4A04-039 RECD AUG 0 2004 Case No. Attachment C ZA04 -039 Page 9 �!!IFJ 0' B R 1 E N &. A S S 0 C I A T E S I N C A R C H[ T F. C T U R E+ F L A N N 1 .`1 (i • 1 N T E R 1 0 R S July 26, 2004 Planning & Zoning Commission Uo Mr. [tennis Killough Senior ]Manner City of So uth Lake 1400 Main Street, Suite 310 Southlake, TX 76092 Re: City of 5owthlake Zoning Case ZA0 -439 Dear Planning & Zoning CbMMission- I would like to address comments by Keith Martin regnrdinZ the parking lot landscape. We have adjusted sornc of the islands to wnform as much as powible to the 12' wide planter island requirement. We are not AIc to do so cvcrvwhcrc duc to the fact that we are accommodating for anUthcr request by Mr_ Martin_ We created a big "tongue" that stretches from the north property line into the site bct%=n the 30,00 s,f. and the 101,000 s_f. bu ilding_ This taas done to save trees that exist in that location. We have drastically limited our parking lot area because of this, thcreforc limiting our area for smaller planter islands. We feel that by doing this, we are creating a big landscape area, which we should be ablc to count towards sitar pNrl:in g lot landscape_ Sincerely, Stefan Haessig CI) J O L 2 '1 2004 , 404 - 39 5310IIIIe SA Hill bead + 5uitc 135 + Mlles, TX 7523E * 934 - 79&1010 + FAX 972-7894S28 wo w.o6riensirch.cum Case No. ZA04 -039 Attachment C Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA04 -039 Revised Review No.: Four Date of Review: 9/01/04 Proi ect Name: Zoning and Site Plan — Cedar Ridge Office APPLICANT: Panatonni Development Co. Dan Anderson 5950 Berkshire Lane, Suite 500 Dallas, TX 75225 Phone: (214) 370-9000 Fax: (214) 370 -9001 ARCHITECT: O'Brien & Associates Stefan Haessig 5310 Harvest Hill Rd, Suite 136 Dallas, TX 75230 Phone: (972) 788 -1010 Fax: (972) 788 -4828 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/30/04 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481 -2073. 1. 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) 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 the following corrections to landscape areas: a) Provide corrections as specified in the attached the Landscape Administrator's review. (Variance Requested — applicant requests that the landscape parking islands be permitted as 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. Case No. Attachment D ZA04 -039 Page 1 4. All mechanical equipment must be screened in accordance with Ordinance 480, Section 39 and Section 43.9, as amended. (Variance requested as shown on Attachment `C', pages 5 and 6) Staff recommends 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. ZA04 -039 Attachment D Page 2 Case No. 04 -039 Review No. — Two _ Dated: July 29, 2004 Number of Pages: 3 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 ofplans 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. Case No. ZA04 -039 Attachment D Page 3 Are the parking /bufferyard /landscaping summary charts correct? 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: 1 Revised August 12, 2004 Project Name: Cedar Ridge (Zoning /Site Plan) OWNER \ APPLICANT PREPARED BY: Panattoni Development Company Phone: (214) 370-9000 Fax: (214) 370 -9001 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." 4. I reviewed both the previously approved Cedar Ridge Site Plan and the current submitted Site Plan to determine the extent of tree removal between the two. The following is my conclusion. a.) Lots 3, 5 and 7 were not included on the previously approved Site Plan. If these lots are counted, yes there are more trees being removed because the extent of proposed construction coves twice as much area. Obviously. b) I cannot determine the total diameter of trees being removed on the previously approved Site Plan because the only Tree Survey we have is 11 "x17", and too small to make out the Case No. Attachment D ZA04 -039 Page 5 existing tree diameters. The full size Tree Survey does not include the Site Plan overlay and the Grading Plan only shows some of the trees in Lot 1. c.) In Lots 1,2, 6 and 7 of the current Site Plan, the parking has changed very little. Only the building layout of Lot 2 has changed to contain 1 building instead of 3. The retention area in Lot 6 has also been enlarged but not to an extent that would have taken out more trees than shown on the previously approved Site Plan. b.) In Lots 1, 2, 6 and 7, the same amount of trees would be removed as shown on the previously approved Site Plan. 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 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. ZA04 -039 Attachment D Page 6 Surrounding Property Owners Cedar Ridge i 10 11 12 13 114 1 Owner Zoning Land Use Acreage I. 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. "C - -1 " Mixed Use 0.389 14. Steele, Robert R & Crystal "AG" Mixed Use 0.317 15. Nec Carroll/114 Adjacent Land "C - -1 " Mixed Use 0.354 16 Nec 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 Case No. Attachment G ZA04 -039 Page 2 made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being 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 -l" 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 Case No. Attachment G ZA04 -039 Page 3 to the following specific conditions: 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 tractor 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. Case No. Attachment G ZA04 -039 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two 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 Case No. Attachment G ZA04 -039 Page 5 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 onetime 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 Case No. ZA04 -039 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: 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 Seuthlake 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 Read (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 302:1, 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 283.83 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 -cif -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 point 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 101.02 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 paint 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 494.35 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 w I I Cl i te r. .. r R.r++°� ❑ ❑ - ------ ea [9sie'ak; � -� - ❑ acorn n - — — ❑ n Li E3 Ll Ln LJ r _ _ Y l r eJ ` l ■ Lao 6d 0 iEUMMW _ .—. _— _ •+fa . $ft, it . ❑ ew I� ' .... . _ . � •_ ■T'r� \• 4 r wekYY�i klikYF 6• ��M1 �� i� - — — ❑ H�a' d lwwm rrrire M„ *LP4- a.Pkr w- fir+ *``x• �I; ksPP.�e+. —__. - -- .. .., _ . . HIR7PM1. �. mse nsec,. e.��r�i•Idl .. �� r .._ .. xM'SNIi'F FiiR Mr. to �d x - a % N, ❑ sKE7PT Nil :...�:.. n :. r '. —=., „ ice q ,_ 1 ❑ SP 1 C � a J.+ O M Z O O V N Proposed Permitted Uses and Development Regulations for I" ding Permitted Uses Lots 1, 2, 3 and 4 shall be limited to the permitter uses as found in the "C -3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as arnmded. Permitted Uses. 1. Any use permitted in the CZ Local .Retail Commercial District. 2, Autl tafriums, theaters and cinemas, 3. Department stores. 4. Dry God and notion stores without size limitation- 5. Electrical and gas appliances and supply sales, electrical and gas repair and i n tallation services. & Health and physical fitness and gymnasiums. 7. Hobby shops. g- Household and office furniture, furnishings and appliances- 9. Medical cart 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. Pat shops 12- Piano stores, musical instruments and supplies- 13 1'tinting, ji thographing or duplicating jabs without size limitation. 14. Retail stares, businesses or shops for custom Work eir 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 operatian 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 flour area of the permitted use and provided further that such manufacturing use is not noxious or RE01) AUG 3 0 2004 IA04 ° 039 Case No. Attachment G ZA04 -039 Page 11 offensive by reason of vibration, noise, odor, dust, smoke or furnes, and all activity shall be conducted totally within the same building. It is the intent of this provision that the rnanufacturing activity be related to the production of small items in the craft -type environment rather than high intensity construction activities, 15. Variety stores without size limitation b..ot 6 shall be limited to the permitted uses as found in the +`c -1" General Office District as described in Section 18 of the Comprehensive Zoning Ordinance Igo. 430-LT U, as amended. I7evelo2rnent Re u 1 ns 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. MaxiInurn Impervious Coverage: The maximum impervious coverage of the land =a defined by this zoning shall not exceed 75% of the net area (less area lying within a dedicated rii& -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 flan. The carports shall include 126 ` under - building" carport spaces and 47 detached carport spaces- 2 A04 - 035, RECD AUG 0 2004 Case No. Attachment G ZA04 -039 Page 12