Loading...
Item 7JCity of Southlake Department of Planning STAFF REPORT September 1, 2004 CASE NO: ZA04 -043 PROJECT: Shady Oaks Offices REQUEST: On behalf of Southlake Four Investment Partnership, Wyndham Properties is requesting approval of a zoning change and a site plan for the development of three (3) office buildings and one (1) future office building totaling approximately 30,000 square feet. 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: • Covered Parking — A maximum of 33 parking spaces shall be permitted to be covered by a landscape arbor as shown on the site plan. • Four covered parking spaces shall be allowed to encroach into the 40 -foot setback line on the north side of the property and shall have a minimum setback of not less than 18 feet from the north property line as shown on the attached site plan. • Screening — An 8 -foot screen of evergreen material is proposed to replace the 6 -foot wood fence required along the north and west property lines. • Parking Ratio — The proposed parking shall be one space per 246 square feet for the professional office building use. • Residential Adjacency — The 4:1 height slope shall not apply to architectural towers. • Future Building — All buildings, proposed and future will be similar in architectural style and materials. The following variances are being requested: Driveway Spacing — The required driveway spacing from an intersection and between drives is 500 feet on W. Southlake Boulevard. The proposed drive is approximately 254 feet from Shady Oaks Drive and approximately 375 feet from the nearest drive to the west. Driveway Stacking — The required stacking depth for this site is 75 feet for Case No. ZA04 -043 each drive. A stacking depth of approximately 44 feet is requested for the drive on W. Southlake Boulevard and a stacking depth of approximately 39 feet is requested for the drive on Shady Oaks Drive. • Driveway Prohibited — Commercial, multi - family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. The applicant is requesting a drive on Shady Oaks Drive. 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) (H) Background Information Vicinity Map Plans and Support Information Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -445 Full Size Plans (for Comniissi and Council Menibersv Only) STAFF CONTACT: Ken Baker (481 -2046) Dennis Killough (481 -2073) Case No. Attachment A ZA04 -043 Page 1 BACKGROUND INFORMATION OWNER: Southlake Four Investment Partnership APPLICANT: Wyndham Properties PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan for the development of three (3) office buildings and one (1) future office building totaling approximately 29,806 square feet. PROPERTY SITUATION: The property is located on the northwest corner of the intersection of W. Southlake Boulevard and Shady Oaks Drive. The property address is 606 W. Southlake Boulevard. LEGAL DESCRIPTION: Tracts 3B and 3134A, situated in the L.B.G. Hall Survey, Abstract No. 686. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: There is no development history on this property. A home currently exists on the property. TRANSPORTATION ASSESSMENT: Master Thorou ,-hfare Plan The Master Thoroughfare Plan recommends W. Southlake Boulevard to be an arterial street with 130 feet of right -of -way and Shady Oaks Drive to be a 2 -lane, undivided collector street with 64 feet of right -of -way. Adequate right -of -way exists for both these roadways. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly on to W. Southlake Boulevard (F.M. 1709) and one (1) access onto Shady Oaks Drive. West Southlake Boulevard is currently a 5 -lane, undivided roadway with a continuous, two -way, center left -turn lane. The roadway will ultimately be widened to a 7 -lane roadway. Shady Oaks Drive is currently a 2 -lane, undivided roadway that has been expanded to a 3 -lane, undivided roadway with a left -turn lane at the intersection with W. Southlake Boulevard. Case No. Attachment A ZA04 -043 Page 2 May, 2003 traffic counts on F.M. 1709 (between Shady Oaks Dr & Southrid a Lakes): Table #1 24hr West Bound WB 21,255 East Bound (EB) (20,682 WB Peak A.M. 1,026 11 — 12 a.m. Peak P.M. 2,388 5 — 6 p.m. EB Peak A.M. 2,155 8 — 9 a.m. Peak P.M. 1,449 4 — 5 p.m. May, 2003 traffic counts on Shady Oaks Dr (between F.M. 1709 & W. Highland Dr ): Table 442 24hr North Bound NB 1,709 South Bound (SB) (1,814 NB Peak A.M. 168 8 — 9 a.m. Peak P.M. 164 5 — 6 p.m. SB Peak A.M. 283 8 — 9 a.m. Peak P.M. 242 3 — 4 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Professional Office 29,806 328 41 6 8 37 *Vehicle Trips Per Day **The AM /PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Blvd. PATHWAYS MASTER PLAN: An on -road bike path is planned for Shady Oaks Drive. An 8 -foot, paved multi -use trail is required on the north side of W. Southlake Boulevard. The trail has been constructed and is depicted on the site plan. WATER & SEWER: A 12 -inch water line currently exists along the west side of Shady Oaks Drive. The applicant will extend a 12 -inch water line along the north side of W. Southlake Boulevard. The site will extend an 8" sanitary sewer line to connect to the existing line on the west side of Shady Oaks Drive. TREE PRESERVATION: The Tree Survey indicates that the design of the development will save approximately half the trees on the sites. But, the Grading Plan shows proposed grade changes within the critical root zone area of a majority of the trees that are shown to remain. Please adjust the proposed grade changes to work with the existing topography of the site, build retention walls or provide other means to avoid grade changes around the existing trees proposed to remain. P &Z ACTION: August 5, 2004; Approved (4 -0) subj ect to Site Plan Review Summary No. 3, dated July 30, 2004; allowing the variances requested and meeting the landscape administrator's requirement to adjust grades to ensure saved tree survival is accomplished. COUNCIL ACTION: August 17, 2004; Approved first reading (6 -0) subject to Site Plan Review Summary No. 3, dated July 30, 2004; granting requested variances. Case No. ZA04 -043 Attachment A Page 3 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: • Covered Parking — A maximum of 33 parking spaces shall be permitted to be covered by a landscape arbor as shown on the site plan. • Four covered parking spaces shall be allowed to encroach into the 40- foot setback line on the north side of the property and shall have a minimum setback of not less than 18 feet from the north property line as shown on the attached site plan. • Screening — An 8 -foot screen of evergreen material is proposed to replace the 6 -foot wood fence required along the north and west property lines. • Parking Ratio — The proposed parking shall be one space per 246 square feet for the professional office building use. • Residential Adjacency — The 4:1 height slope shall not apply to architectural towers. • Future Building — All buildings, proposed and future, will be similar in architectural style and materials. The following variances are being requested: • Driveway Spacing — The required driveway spacing from an intersection and between drives is 500 feet on W. Southlake Boulevard. The proposed drive is approximately 254 feet from Shady Oaks Drive and approximately 375 feet from the nearest drive to the west. • Driveway Stacking —The required stacking depth for this site is 75 feet for each drive. A stacking depth of approximately 44 feet is requested for the drive on W. Southlake Boulevard and a stacking depth of approximately 39 feet is requested for the drive on Shady Oaks Drive. • Driveway Prohibited —Commercial, multi - family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. The applicant is requesting a drive on Shady Oaks Drive. M \Community Development \MEMO \2004cases \04- 043ZSP.doe Case No. ZA04 -043 Attachment A Page 4 Vicinity Map Shady Oaks U Case No. ZA04 -043 Attachment B Page 1 o� O � W 1"r P'r n Q � E ro .- Al ti {SR s I ���• LURE— Am �e + I d LL - r LF i TE PLAN PLAN ^� �E akek Architects x� —_ _ - -- - • — I � tii4iT � 8+ I-- l 1 Lj N A 'i WO eeti -pei i! e7 �o�ae 4 lefts ia'Y�tiMSY e ies 'Yi Mee � 1 Y1 sy�a$4�1�' X19 e. QO I � Al 9� P �yy Y � n 7 even ra+v� ra .u�a PQQZ 0 $ Dnv U31 v v V me Nk eF � a U 2i M O � ° U N t. • • o� 00 w 2 m 4 © - -- -- i b � RECD AUG 3 G r r4 AM +.wcrr. 1- - � - -.r .� ' Blake Architects y� a -mss osa � w s W,rj-. .►4Y k6. 2t-CA pRL-3c'4 w n PROW A �m HEAR E I..C' VA1rMM 3-De &7- ATIQN SFS�4 IdN, BLAKF . ARCHMECT 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817-458 -9397 July 30, 2004 Shady Oaks Offices 606 W . Southlake Blvd, Southlake, Texas 76092 Case No: #ZA04 -043 S -P -1 ZONING 1, PERMITTED USES This property shall be limited to the permitted uses as found in the "O -1" Office District as described in Section 1 8 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. DEVELOMffiNT REGULATIONS This property shall be subject to the development regulations for the "o Office District, and all other applicable regulations with the following exceptions; A. COV ERED PARKING ! A maximum of 33 parking spaces shall be permitted to be covered by a landscape arbor as shown by the attached site plan.. • 4 covered parking spaces shall be allowed to encroach into the 40' building line on the north side of the property. 18 Pef shall be the minimum setback for these spaces to the adjacent property line. A wood trellis is proposed in lieu of pitched roofs for all covered parking. B. SCREENING An g' screen of evergreen material is proposed to replace the 6' wood fence required along; the north and west property lines_ C. FUTURE BUILDING All buildings, proposed and future, will be similar in architectural style and materials. , 3 �1 3 0 n .h Case No. ZA04 -043 Attachment C Page 4 D. PARKING RATIO] The proposed parking shall he one space per 246 square feet to sat isfj the professional office building use. E. BUILDING HEIGHT RESTRICTION The architectural tower of Building "C" shall be exempt from height restrictions. Thank you, Roger (Skip) Blake Case No. ZA04 -043 Attachment C Page 5 1 E3L,..AFCE ARCHITECTS 1202 S. White Chaps Road Suite A Southlake, Texas 76092 * 817-488-9397 July 15, 2004 Shady Oaks Mm s 606 W. Southlake Blvd. Southlake, Texas 76092 Case No: #ZAk04 -043 VAR LANCE FOR INGRESS GR SS c) A variance i5 requested for the 500' minimum driveway spacing from inte etions and between drives_ The south property line is 456.85' which does not allow for the required 500' spacing_ 388' is provided to the nearest residential drive to the west; 262' is provided to Shady Oaks Drive is the east. d) A variance is requested for the 75' minimum stacking depth on both entrances to the property. A 44' stacking depth is provided can West Southlake Blvd. A 311' -9" stacking depth is provided on Shady Oaks Drive_ • e) A variance is requested to maintain the commercial driveway on Shady Oaks due to firelane needs. Thank you, /V lr Roger (Skip) Blake CI) wJ l 1 L I 2004 Case No. ZA04 -043 Attachment C Page 6 Wyndham Properties, Ltd.. 751 E. Southlake Blvd. Suite 130 Southlake, Texas 76092 June 21, 2004 Ben Bryner Planner City of Southlake 1400 Wain Street, Suite 310 Southlake, Texas 76092 Re: Site Plan - Shady Oaks Offices The Land Use plan for this area shows the use to be low density residential development. However we are requesting a site plan for four single story garden office buildings. All four building will be constructed in a residential manner, and will be very low in impact. I believe that this property is well suited for office development, and is not well suited for residential for the following reasons. The property is approximately 4 acres, and is located at a signalized intersection. + The developments across Shady Oaks, to the east are retail buildings, which include restawtints. The developments across Southlake Boulevard to the south are office buildings. The property behind the retail building on Shady Oaks is part of the Bicentennial Park, and as I understand will have a drive immediately east of this tract. This drive would cause car headlights to shine directly into this site. • The property located north has a large horse barn located within 100 feet of this tract. + The noise generated by traffic at signalized intersections has generally been a problem for residents located at those intersections. • The depth of the property is not sufficient to locate a house back from Southlake Blvd. as the other homes located west have done, and as such, this location would not snake a good estate home location. For these reasons, I believe that the low density garden office site plan that we are presenting will make a very appropriate use of this land. . -043 ly RED J U 2 UQ4 117 4� y erry L. Wilkinson President Case No. Attachment C ZA04 -043 Page 7 SITE PLAN REVIEW SUMMARY Case No.: ZA04 -043 Review No.: Four Date of Review: 09/01/04 Project Name: Site Plan — Shady Oaks Offices APPLICANT: Wyndham Properties ARCHITECT: Blake Architects Terry Wilkinson Skip Blake 751 E. Southlake Blvd, Suite 130 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 329 -4599 Phone: (817) 488 -9397 Fax: (817) 488 -2420 Fax: (817) 251 -3205 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. The following changes are needed with regard to driveways for ingress and egress according to the Driveway Ordinance No. 634: a) Correct the distances from the centerline of the proposed drive on W. Southlake Blvd to the first point of the R.O.W. intersection of Shady Oaks Drive and from the centerline of the proposed drive on Shady Oaks Drive to the first point of the R.O.W. intersection of W. Southlake Blvd. The distances measured equal X254 feet on W. Southlake Blvd and X220 feet on Shady Oaks Dr. b) Correct the distance from the centerline of the proposed drive on W. Southlake Blvd to the centerline of the first off -site drive to the west. The distance measured equals X375 feet. c) Provide the minimum driveway spacing for the drive on W. Southlake Blvd. The required spacing is 500' from intersections and 500' between drives. (A variance has been requested.) d) Provide the minimum driveway throat depths for stacking. The minimum stacking depth required for this site is 75'. (A variance has been requested.) e) Commercial, multi- family, and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. (A variance has been requested.) 2. The following changes are needed regarding bufferyards and landscape area: a) 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 Case No. ZA04 -043 Attachment D Page 1 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. b) Correct the `required fence /screening' for the north and west bufferyards to read `6 -foot wood fence' in the Bufferyard Summary chart. 3. The following changes are needed with regard to buildings and architectural elevations: a) Correct the site plan to match the building design on all sides of building `C'. An entry is shown on the site plan on the westernmostportion of the north side of the building but is not shown on the building elevation. b) Label the directional indicators, i.e. north, south, etc., on the architectural elevations for building `C'. 4. Correct the grading, utility, drainage, and tree preservation plans to match the layout as shown on the site plan. INFORMATIONAL COMMENTS * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. If not done so already, staff recommends contacting TxDOT for approval of the location of the proposed drive on W. Southlake Blvd. A revised site plan shall be required prior to issuance of a building permit for the future building. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. ZA04 -043 Attachment D Page 2 Articulation Evaluation No. 1 C ase N o. ZA 04 -043 D ate ofEvahatbn: 07/1.2/04 Ebvathns fDrShady Oaks Offices (Buildings A & B) Receired:06/28/04 Front - facing: South w aIlht = 9 Hori;ontalard ulathn Vertcalarbzubthn R equired P my ded D ela O kay? R equIed P mviled D ela O kay? M ax. w aILlength 27 21 22% Yes 27 21 -22'-. Yes M n.artc.offset 1 3 200% Yes 1 7 600% Yes M :h. arth. length 5 12 140% Yes 5 12 140% Yes Rear - facing North W aI1ht = 9 Horzontalarttuhtbn Verticalartbulat hn R equired P mvhed D ela O kay? R equired P mvrled D ela O kay? M ax. w aILIength 27 21 -22% Yes 27 21 -22% Yes M n.artc.offset 1 3 200% Yes 1 8 700% Yes M h. arts. length 5 12 140% Yes 5 12 140% Yes Right - facing: East I W aI1ht = 9 Horpontalartculaton Vertcalartcuht bn R equired P mvrled D ela O kay? R equied P my ded D ela O kay? M ax. waIt.lrngth 27 26 -4% Yes 27 26 -4% Yes M n. arty. offset 1 3 200% Yes 1 4 300% Yes M n. arbc. length 7 11 57% Yes 7 11 57% Yes Left - facing: West W aIlht = 9 H orpontalartculet hn V ertcalart:cuht hn Required P my ded D ela O kay? R equired P mvrled D ela O kay? • ax. walllrngth 27 26 -4% Yes 27 26 -4% Yes • :h. arty. offset 1 3 200% Yes 1 4 300% Yes M n. artC. >?ngth 7 11 57 1 Yesi 7 11 57% Yes Case No. ZA04 -043 Attachment D Page 3 Articulation Evaluation No. 1 CaseNo.ZA 04 -043 Date of Evabatbn:07/30/04 EbvatiDns forShady Oaks Offices (Building C) Received:07/19/04 Front - facing: South w aIlht = 10 Horjzontalartbulathn Verdcalartculati n R equiLed P mv:ded D ela O kay? R equ- P my ded D elta O kay? • ax. waIll?ngth 30 21 30% Yes 30 21 30% Yes • in. artC. offset 2 3 50% Yes 2 8 300% Yes • in. arty. length 5 14 180% Yes 5 14 180% Yes Rear - facing North I W allht = 10 H orpontalarttulatbn Vetcalartbulathn R equl�ed P mv:ded D elta O kay? R equiLed P mv:ded Delta O kay? • ax. waIll?ngth 30 27 -10% Yes 30 27 -10% Yes • in. arts. offset 2 3 50% Yes 2 8 300% Yes • n. arts. length 7 10 43% Yes 7 11 57% Yes Left - facing: West IW aIlht= to H oraontalard ula t hn V ertbalartnulathn R equIed P mvided D e la R equiLed P mv:ded D e>ta O kay? O kay? M ax. waIllengtin 30 21 -30% Yes 30 21 -30% Yes • n. artx. offset 2 3 50% Yes 2 8 300% Yes • in. arts. length 5 14 180% Yes 5 14 180% Yes Right - facing: East I w aIlht = to H oraontalar i hn Verdcala2t: ulathn R equiLed P mv:ded D eta O kay? R equi ed P my ded D e la O kay? • ax. waIllengtin 30 21 -30% Yes 30 28 -7% Yes • n.artt.offset 1 2 31 50% Yes 2 12 500% Yes M n. arts. length 5 10 100% Yes 7 10 43% Yes Case No. ZA04 -043 Attachment D Page 4 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 04 -043 Date of Review: July 29, 2004 Number of Pages: 1 Project Name: Shady Oaks Office (Zoning /Site Plan OWNER \ DEVELOPER PREPARED BY: Southlake Four Investment Partnership Blake Architects Phone: (817) 882 -1708 Phone: (817) 488 -9397 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. A tree survey was submitted with the Site Plan submittal except its parking design is not the same as the submitted Site Plan. The parking lot design in the southeast corner of the Tree Survey has three (3) more parking spaces than shown on the submitted Site Plan. 2. The Tree Survey indicates that the design of the development will save approximately half the trees on the sites. But, the Grading Plan shows proposed grade changes within the critical root zone area of a majority of the trees that are shown to remain. Please adjust the proposed grade changes to work with the existing topography of the site, build retention walls or provide other means to avoid grade changes around the existing trees proposed to remain. * 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. OW. 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 -043 Page 5 Surrounding Property Owners Shady Oaks i - r oil 3 4 F.M. 170c, Owner Zoning Land Use Acrea 1. First Flatiron Inc. "AG" Low Density Resid. 10.000 2. City of Southlake "AG" Medium Density Resid. 5.890 3. City of Southlake "CS" Public Parks / Open Space 4.276 4. First American Savings Banc "C -2" Retail Commercial 2.296 5. Haynie Partners Ltd. "O -1" Medium Density Resid. 1.012 6. Southlake Ventures "S -P -2" Medium Density Resid. 2.955 7. Majhor, Faith & William R. "R -PUD" Medium Density Resid. 0.416 8. Callahan, Karen Lynne "R -PUD" Medium Density Resid. 0.491 9. Hale, Coavert T & Julie G "R -PUD" Medium Density Resid. 0.501 10. Allmond, Theron R & J. "R -PUD" Medium Density Resid. 0.439 11. Emmons, Thomas & Tracy "R -PUD" Medium Density Resid. 0.542 12. McPeters, Thomas S & Paula "R -PUD" Medium Density Resid. 0.351 13. Hill, Rodger Jr. & Amy D "R -PUD" Medium Density Resid. 0.358 14. Southlake Four Investment "AG" Low Density Resid. 4.330 Case No. Attachment E ZA04 -043 Page 1 Surrounding Property Owner Responses Shady Oaks Notices Sent: Twelve (12) Responses: None (0) Case No. ZA04 -043 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -445 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 TRACTS 3B AND 3134A, SITUATED IN THE L.B.G. HALL SURVEY, ABSTRACT NO. 686; AND BEING 4.008 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG ' AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0 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 "AG Agricultural District under Case No. Attachment G ZA04 -043 Page 1 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 -043 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 Tracts 3B and 3B4A, situated in the L.B.G. Hall Survey, Abstract No. 686, and being approximately 4.008 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural 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 -043 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 -043 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 -043 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 -043 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -043 Attachment G Page 7 EXHIBIT "A" Being Tracts 3B and 3B4A, situated in the L.B.G. Hall Survey, Abstract No. 686, being approximately 4.008 acres. BEING A TRACT OF LAND OUT OF THE LIT7LEBERRY G MALL SURVEY, ABSTRACT NCI, 686. TARRANT COUNTY, 7EXAS. AND BEING THE SAME TRACT Or LAKII AS DESCRIBED IN DEED RECUR-DEB IN VOLUME 8433, PAGE 1069, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS BEGINNING AT A CAPPED IRQU PIN GLANDES) FILM IN THE NORTH R.CI,W. LINE OF SOUTHLAKE BOULEVARD GF.N. 17491 FOR THE SI3UT14WESI C13PNER CIF TRACT BEING DESCRIBED. SAID PUINT BEING THE SOUTHEAST CORNER OF LW 2, BLOCK It I WEN ADDITION. AN ADDITI13N TO THE CITY OF SWIHLAKE, TARRANT COLfNTY, TEXAS. ACCORDING TO THE PLAT REC13RDED IN CABINET A. SLIDE 4317, PLAT RECORDS. TARRANT COUNTY, TEXAS] THENCE NORTH 01 DEGREES 39 MINUTES 12 SECONDS EAST 371.64 FEET Q ED CALL NORTH 02 DEGREES 18 MINUTES 26 SECCMS EAST] ALENG TINE EAST LINE OF SAID L07 2, 9LOCK 1, OVEN AUDITION TO A 1 /2 IRON PIN FLIUND PUR AN INSIDE GARNER OF SAID LOT 2, BLIxCK 1. OWEN ADDITIUN AND THE NORTHWEST CORNER OF TRACT BEING DESCRIBEII3 THENCE NdRTH 87 DEGREES 06 MINUTES 04 SECONDS EAST (DEED CALL N[IRTH 87 DEGREES 35 MINUTES EAST) 424.51 FEET ALM46 THE SCUT44 LINE Or SAID LOT 2. BLOCK 1. OW£N AUDITION TQ A CAPPED IRON PIN SET IN THE VEST R.ELV. LINE: OF SHADY OAK DRIVE FOR THE NORTHEAST CORNER f3F TRAC7 BEING IIESCRIBE D ) THENCE SDUTH 05 D£GRCES 57 MINUTES 26 SECONM EAST 385.20 rE:E 7 ALONG T14C WEST R.O.V. LINE OF SAID SHADY 13AK DRIVE TO A CAPPED IR13N PIN SET FOR 714E HMf EASTERLY SBUTHEAST CORNER OF TRACT BEING DESCRIHEDi THENCE SQUTP 42 DEGREES 37 MINUTES 36 SECONDS TEST 26.46 FEET TO A CAPPED IRON PIN SET IN THE NORTH RD.W, LINE OF S13UTHLAKE BOULEVARD FOR THE MOST SIIUTHERLY S13UIHEAST MRNER IIF TRACT BEING DESCRIBEDI THENCE NORTH $8 DEGREES 47 MINUTES 34 SECUNDS WEST 456,85 FEET AL 13NG "THE NORTH R,ELV, LINE OF SOUTHLAKE BOULEVARD TU TFIE POINT [IF BEGINNING AND CONTAINING 4.Q0 ACRES OF LAND, MORE OR LESS Case No. ZA04 -043 Attachment G Page 8 Z. tJ4 I IN I L m ff�� I 4c 11 Wk. SHADY TA" 014'k:ft asv 'RIND T mo SITE PLAN 7 A Blake Architects eww-cw C;AM. JAY W 2 oo* I II SHADY TA" 014'k:ft asv 'RIND T mo SITE PLAN 7 I n— Ed j, A Blake Architects eww-cw C;AM. JAY W 2 oo* I n— Ed j, ' A RCHITECTS 1202 S.'ite Chapel Road Suite A Southlake, Texas 76092 517- 488 -9397 July 30, 2004 Shady Oaks Offices 606 W. Southlake Blvd. Southlake, Texas 76092 Casa No: #ZA04 -043 S-P -1 ZONING 1. PERMITTED USES This property shall he 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. 2. :DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for the "o Office District, and all other applicable regulations with the fallowing exceptions; A_ COVERED PARKTNG A maximum of 33 parking spaces shall be permitted to be covered by a landscape arbor as shown by the attached site plan. 4 covered parking spaces shall he allowed to encroach into the 40' buitding line on the north side of the property. 18 Peet shall be the minimum setback for these spaces to the adjacent property line. A wood trellis is proposed in lieu of pitched roofs for all covered parking. B. SCREENING An 8' screen of evergreen material is proposed to replace the 6' wood fence required along the north and Nvest property lines. C. FUTURE BUILDING All buildings, proposed and future, will be similar in architectural style and materials. 1 � � q *4 Case No. Attachment G ZA04 -043 Page 10 D. PARKING RATIO The proposed parking shall be one space per 246 square feet to satisfy the professional office building use. E. BUILDING HEIGHT RESTRICTION The architectural tower of Building "C" shall be exempt from height restrictions. Thank you, Roger (Skip) Blake Case No. ZA04 -043 ET) ' 1 1 k I i _ 3 0 2.0 M Attachment G Page 11