Item 7HCity of Southlake
Department of Planning
STAFF REPORT
September 1, 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 -1" office district to "S -P -1" detailed site plan district. Under the
"S -P -1" zoning the applicant proposes limited "O -1" office district uses and "O-
1" district development regulations with some modifications. The plan proposes
five (5) general office buildings totaling 28,73 5 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 as close as 19 feet from a residential property
line at the northwest corner of the property and as specified in the
agreement included as part of attachment `C' pages 5 and 6. A minimum
of 50 feet is required.
• Allow driveway stacking depth to be a minimum of 28 feet. 75 feet is
required.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second reading for zoning change and site plan
ATTACHMENTS: (A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information
(D)
Site Plan Review Summary
(E)
Surrounding Property Owners Map
(F)
Surrounding Property Owners Responses
(G)
Ordinance No. 480 -443
(H)
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 Thoroukhfare 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. OW.
has been dedicated for this roadway.
Existin,- 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 Ini»act
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) subj ect 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.
COUNCIL ACTION: August 17, 2004; Approved first reading (6 -0) subject to Site Plan Review
Summary No. 3, dated July 14, 2004, as presented, specifically allowing the
variance in stacking depth to 28 feet.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated September 1, 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:
Case No. Attachment A
ZA04 -026 Page 2
• 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)
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 15'.
• 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 initially requested a minimum distance of 12 feet from the
residential property to the west. An agreement between the developer
and the adjacent resident proposed the south dumpster to be moved a
distance of 28 feet from the west property line. Planning & Zoning
Commission recommended that the conditions be applied to both the
north and south dumpster enclosures. The agreement has been included
with proposed development regulations in attachment `C' of this report.
Currently, the south dumpster is located approximately 22 feet from the
west property line and the north dumpster is located approximately 19
feet from the west property line.
M \Community Development \WP - FILES \MEMO \2004cases \04- 026SP.doc
Case No.
ZA04 -026
Attachment A
Page 3
Vicinity Map
Carroll Terrace
M
Case No. Attachment B
ZA04 -026 Page 1
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Carroll Terrace
Proposed Permitted Cases And Development Regulations for "S -l' -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
I 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
Continuous trellises shall be permitted to cross property lines as spawn on
site plan
ZA04 m 02 6
RECD JUL a 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 land. We request the dumpster locations in the present
design to be closer than the 50 feet required. This will aIlow 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 Southcrest Drive, which was
not seen favorable at the spin meeting. Moving the dumpsters away from the
residential property also required as 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 th }s site. The solution we worked through with the
city planners was to build an S 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 rive 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.
IA 04 ® ®ZG
RECD J UN 2 20
Case No. Attachment C
ZA04 -026 Page 4
'mus( 5, 24
Vision Tln Developr erut Ltd.
Soutialake, Tit 76042
Southlake Phmning & Zoning
Southlake, TX 76042
1) Su=und receptacle with eight -foot high brick wall on three sides,
2) F'row of receptacte hidden with natal dmr.
3) Landscape with four to five foot high .shrubs on theme sides.
4) )recess receptacle and suxroundipg grade twelve inches into existing prade,.
5) Monthly maintenance -wash with hose and spray with disinfectant.
6) Increase distance to receptacle to twenty -eight feet from twelve feet.
7) Landscape reoVt.acle with tree additional canopy trees (3 + 3 + 4 inch caliper).
8) Angle receptacle away fr - OM SOUtherest slightly t* k%MW vieW by 11OTr1eO ri _
9) wire si on receptacle that all truh is to be bagged. (no loose debris)
IA04`
RECD AUG 0 5 2004
Case No. Attachment C
ZA04 -026 Page 5
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Case No. Attachment C
ZA04 -026 Page 6
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Case No. Attachment C
ZA04 -026 Page 6
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5147 SO- FT,
FLOOR AF-EA
SITE PLAN REVIEW SUMMARY
Case No.: ZA04 -026
Review No.: Four
Date of Review: 09/01/04
ect Name: Site Plan — Carroll Terrace
APPLICANT: J. Bolton & Associates
John Bolton
ENGINEER: Thomas Hoover Engineering, LLC
Steven Smith
700 N. Carroll Ave, Suite 100 416 N. Main St, Suite 120
Southlake, TX 76092 Euless, TX 76039
Phone: (817) 251 -9393 Phone: (817) 571 -7574
Fax: (817) 329 -6025 Fax: (817) 571 -7564
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/30/04 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 BEN BRYNER AT (817) 481 -2086.
Provide the minimum driveway throat depths for stacking. The required stacking depth for this site
is 75' for each drive. 28' is beingprovided. (A variance has been requested.)
2. The following changes are needed with regard to trash dumpster enclosures:
a) Relocate the trash dumpsters to a minimum distance of 50' from any residential property. (A
variance has been requested.)
b) Revise either the plan or the agreement regarding the minimum 28 feet from the property
line at the southwest corner of the property. The site plan shows 22 feet.
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, receptacles and trellises 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 of this
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.
Case No.
ZA04 -026
Attachment D
Page 1
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 2
Articulation Evaluation No. 1
C ase N o. ZA 04-026
D ate ofEvabatim: 05/10/04
Ebvatnns forCarroll Terrace
Receared:04126/04
Front - facing:
East
W aIlht. =
10
H oi�zontalwb ulatnn
V ertbalazd ulatim
Required
Pmviied
Delta
Okay?
Requied
Pmviied
Dela
Okay?
M ax. waIlhngth
30
25
-17%
Yes
30
16
-4 7%
Yes
M n.artj--.offset
2
2
0%
Yes
2
5
150%
Yes
M h. artic.length
6
12
100%
Yes
4
9
125%
Yes
Rear - facing
West
W alLht. =
10
H orizontalwb uhtbn
V ertbalartiulatiDn
Required
P mviied
Delta
O kay?
R equied
P mviied
D ela
O kay?
• ax. wall -bngth
30
26
-13%
Yes
30
28
-7%
Yes
• n. artn. offset
2
2
0%
Yes
2
8
300%
Yes
• h. artc.length
7
12
71%
Yes
7
26
271%
Yes
Right - facing:
North
I W aILht. =
10
H oi�zontalaYtcuulatbn
V ertbalwrti=ulatbn
R equied
P mviied
Delta
O kay?
R equied
P mviled
D ela
O kay?
M ax. wa]lbngth
30
26
-13%
Yes
30
28
-7'-.
Yes
• n. arty. offset
2
2
0%
Yes
2
5
150%
Yes
• h. artc.length
7
8
14%
Yes
7
12
71%
Yes
Left - facing:
South
W alLht. =
10
H oreontala2baulatbn
V ertnala2bau lat hn
Required
P mviied
Delta
O kay?
I R equi ed
P mvi9ed
D ela
O kay?
• ax. wa]lbngth
30
26
-13%
Yes
30
23
23 %
Yes
• n. arty. offset
2
2
0%
Yes
2
4
100's
Yes
M n. arty. ngth
7
10
43%
Yes
6
9
50'-.
Yes
Case No.
ZA04 -026
Attachment D
Page 3
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 4
Surrounding Property Owners
Carroll Terrace
Owner
Zoning
Land Use
Acreag
1. Pekerti, Immanuel A & Megawati
"SF -20A"
Medium Density Resid
0.550
2. Bell, Joel P & K Michelle
"SF -20A"
Medium Density Resid
0.525
3. Gray, Keith J & Michelle
"SF -20A"
Medium Density Resid
0.639
4. Cole, Michael S & Janet B
"SF -20A"
Medium Density Resid
0.775
5. Bowers, Roy C Jr
"SF -20A"
Low Density Resid
1.208
6. Authentex Development Ltd
"O -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 -20A"
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 Pekerfi
695 Southbend Trail
Southlake, TX 76092
July 0, 2003
City of outhlake
Planning & Zoning Committee and City Council
1400 Elwin Street
Soulhlake, TX 76092
RE: Carroll Terrace (Cases: ZA04 -024, ZA04 -025, & ZA04 -026)
Dear Madams and Sirs,
It is our understanding that Vision Three Developrnent (represented by Mr, ,Hahn Bottom) will
request a variance for ptwoment of trash receptacles not in compliance with City Ordinance, to
which we are apposed.
Aaoording to Vlslon Three's plan (diagrarn -1, red), the sou#h_trash rerepta (In Ira+k 5) V411 be
placed only 10 ft abutting the rear fence of our residence (lot 6, block 3 of SouthVieuw sub -
division). This puts the trash recept le looation 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
(diagram -2, red), It is also only 30 feet away from the sig nag e for the SouthView sub- dlvisiDn'5
S"thCrest: Lana entrance, This trash receptacle wouki be an eyesore as it would be the very
first structure people encounter as they drive into SouthView and we feel that it will certainly
demise property value within our naighbvrhood in general and ours specifically,
There seems to be alternative solutions that are acceptable. Perhaps both trash receptacles
can be placed on the north locations (diagram -1, yellow) since there is no abjection from the
abutting homeowner. and it would resolve the eyesore issue. Another 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 receptacles
are attached to the buildings hidden From plain view and a goad distance from the abutting
residential properties_ Providing no curb cut on SouthCrest Lane is required, again tallored after
Panorama Flace,
Let us be clear that we are not against Carroll Terrace's development in general terms. We
have no doubt that Carroll Terrace will be a quality development as Mr. Bollon's previous
development effort at 700 N. Garrott has shown. In fact, as homeowners, we welcome it. We
cannot. however, in good conscience agree to the current planned placement of the south trash
receptacle.
Thank you for your kind consideration- 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.
Sincerely,
RECD JUL 1 0 AIM
ltnm'bnuel & Mega Pekerti —
Case No.
ZA04 -026
Attachment F
Page 2
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THOMAS L TKNPSON
[ STEREp PROFESSMAL
LAMV SURVEYOR
1400 W. E ULESS BLVO-
SUITE 102
r ui 0) 2s7-as s
(817) 571 FAX.
DATE -Jvrxa 3 1
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 X1, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential and other purposes, and to amend said ordinance and
map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with
a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "O -1" Office District under the
Case No. Attachment G
ZA04 -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
Case No. Attachment G
ZA04 -026 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 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:
Case No. Attachment G
ZA04 -026 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 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.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
Case No. Attachment G
ZA04 -026 Page 4
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 -026
Attachment G
Page 5
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 -026
Attachment G
Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA04 -026
Attachment G
Page 7
EXHIBIT "A"
Being Tract 5D, 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 Surrey, 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 foflovus:
COMMENCING at the Northwest corner of Lot 1, Block 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 (POS) 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 North ROW 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, Side
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
Woad Acres Addition as recorded in Volume 3138 -137, Page 33 P.R.,T.Co.,Tx.;
THENCE South 89 degrees 47 minutes 53 seconds East with the South line of said Lot 1, 223.05 feet to a
5/8 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 Point of Beginning containing in all some 2.610
acres of land or 113,882 square feet.
Case No.
ZA04 -026
Attachment G
Page 8
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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
I 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
Continuous trellises shall be permitted to cross property lines as shown on
site plan
ZA04 -026
REC'D :! t. 11, 0 2 2004
Case No. Attachment G
ZA04 -026 Page 10