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Item 8BCity of Southlake Department of Planning STAFF REPORT September 29, 2004 CASE NO: ZA04 -051 PROJECT: Clearview Eyecare & Laser Center REQUEST: On behalf of Wallace Ryne and Robert Lehmann, Blake Architects is requesting approval of a zoning change and site plan from "C -2" Local Retail District to "S -P- F Detailed Site Plan District with "C -2" Local Retail Uses for the development of a medical office building of approximately 11,565 square feet. Under the "S -P -1" Detailed Site Plan District zoning the applicant proposes "C -2" Local Retail District uses and development regulations with the following modifications: • Covered Parking — Covered parking shall be a permitted accessory use and limited to the 11 spaces as shown on the site plan. Covered parking shall be constructed of the same materials, style, etc. as the medical office building. • Loading Spaces — A loading space is not required for this site. • Articulation — The articulation on the rear (north) elevation shall be allowed as shown on the site plan. The following variances are being requested: • Driveway Spacing — The minimum spacing from an intersection on the service road of State Highway 114 is 200 feet. The minimum spacing between drives on the service road of State Highway 114 is 250 feet. The proposed driveway is approximately 159 feet from the intersection to the west and approximately 90 feet from the next drive to the east. • Driveway Stacking Depth —The required stacking depth for this site is 50 feet for each drive. A stacking depth of approximately 29 feet is requested for the drive on Briarwood 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 Briarwood Drive. ACTION NEEDED: Consider first reading for zoning change and site plan Case No. ZA04 -051 ATTACHMENTS STAFF CONTACT (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 -447 (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (481 -2046) Dennis Killough (481 -2073) Case No. ZA04 -051 BACKGROUND INFORMATION OWNERS: APPLICANT: PROPERTY SITUATION LEGAL DESCRIPTION Wallace Ryne and Robert Lehmann Blake Architects 2100 East State Highway 114 Lot B, Block B, Briarwood Estates LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -2" Local Retail Commercial REQUESTED ZONING: "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial uses HISTORY: -A final plat was approved by City Council for Briarwood Estates on August 19, 1980. -City Council placed "C -2" zoning on the property on September 19, 1989 with the adoption of the Comprehensive Zoning Ordinance No. 480. TRANSPORTATION ASSESSMENT: Case No. ZA04 -051 Master Thoroukhfare Plan The Master Thoroughfare Plan recommends that State Highway 114 have between 300 feet and 500 feet of right -of -way. Adequate right -of -way exists for this roadway. Existin,- Area Road Network and Conditions The site proposes to have one (1) access directly onto State Highway 114 and one (1) access onto Briarwood Drive. Briarwood Drive is a local residential street serving multiple single family residential and two - family residential lots. State Highway 114 is a 6 -lane, restricted access roadway with 3 -lane service roads on either side. The construction was completed earlier this year. May, 2004 traffic counts on main lanes of S.H. 114 (between Kimball Ave and Carroll Ave) 24hr West Bound (WB) (33,988) East Bound (EB) (32,934) WB Peak A.M. (2,283) 7 - 8 a.m. Peak P.M. 3,335) 5 - 6 p.m. EB Peak A.M. (2,967) 7 - 8 a.m. Peak P.M. (2,506) 5 - 6 p.m. May, 2004 traffic counts on frontage lanes of S.H. 114 between Attachment A Page 1 Kimball Ave and Carroll Ave 24hr West Bound WB) (723 ) East Bound (EB) (1,390) WB Peak A.M. 54 9 — 10 a.m. Peak P.M. 75 4 — 5 p.m. EB Peak A.M. 124 11 — 12 a.m. Peak P.M. 132 12 — 1 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM OUT Medical Office 11,565 418 22 6 11 31 *Vehicle Trips Per Day **The AM /PM times represent the number of vehicle trips generated during the peak travel times on State Highway 114. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan shows a 10 -foot multi -use trail programmed on the north side of E. State Highway 114. The trail is shown on the site plan. WATER & SEWER: The applicant is proposing to extend a 12 -inch water line to the east along the north side of E. State Highway 114 and extend an 8 -inch sanitary sewer line from the east to serve the site. DRAINAGE COMMENTS: The natural drainage is toward State Highway 114. The proposed design will continue to carry drainage into the State Highway 114 system. TREE PRESERVATION: The Landscape Administrator has no comments for this item. There are no existing trees on the site. P &Z ACTION: September 23, 2004; Approved (6 -0) subject to Site Plan Review Summary No. 3, dated September 17, 2004; accepting the applicant's commitment to add a left turn only sign onto Briarwood; noting the applicant's comments that the landscaping will be similar to the adjacent office building; and accepting the variances as proposed. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated September 17, 2004. M \Community Development \MEMO \2004cases \04- 051ZSP.doc Case No. ZA04 -051 Attachment A Page 2 Vicinity Map Clearview Eyecare & Laser Ctr. N E S Case No. ZA04 -051 Attachment B Page 1 1000 0 1000 2000 3000 Feet T a�tid 1u;)tugaupV TSO •oN astir r E 4— Ln + + I I r I ---------- I 1 I I @ el• . rg e k j ail e 5 3 � Blake Aire- hl t+eees ° i 3 L 7kE ff C. E- ITE:TR , 2m ,. •MIE qM emb . say r G P Ll7f: n &7 K E wurrwLmo. V.,m SCU ww- ruin r"I • 11117- 6A -smr r r7 1,11, I � f + + f E 4— Ln + + I I r I ---------- I 1 I I @ el• . rg e k j ail e 5 3 � Blake Aire- hl t+eees ° i 3 L 7kE ff C. E- ITE:TR , 2m ,. •MIE qM emb . say r G P Ll7f: n &7 K E wurrwLmo. V.,m SCU ww- ruin r"I • 11117- 6A -smr r r7 1,11, o� 00 n,an ygm RLwA*IL71 4h OIN 1"r 1"r n QQ I"r d't'+rrvG R.+lA ei.Lr�'D++ �- 14'l5T.1 OAPG dC'1 4�£i4 ; Jim �u Ice y� a 9� L e � l rgD SEP 0 7 2004 N n GLeWW "HIM { usm a�'I .44\ R fp I I I4��r}� i!'�/ I ASK I I 1 V' iuM of � Nov ELEVATION tw*m + & appke Arch t[eGIB C..Iry or OWTOL"aacr toaK.M �� w� MAWa+�.IF � la nra .r.�awe��oM _ IPA '.7GrTG-OCR P?. 24'?— 5wr T 3 al 7 N n JAL BLADE ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 September 15, 2004 Clearview Eyecare & Laser Center 2100 E. State Hwy. 114 Lot B, Block B, Briarwood Estates Southlake, Texas 76092 Case No: HZA04 -051 S -P -1 ZONING 1. PERMITTED USES This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for the "C -2" Local Retail Commercial District, and all other applicable regulations with the following exceptions: A. COVERED PARKING Covered parking shall be a permitted accessory use and limited to the 11 spaces as shown on the site plan. Covered parking shall be constructed of the same materials, style, etc. as the medical office building. B. LOADING SPACES No loading spaces shall be required on this site. C. ARTICULATION Articulation on the rear elevation shall be allowed as shown on the site plan. Thank you, t r )Ue — Roger (Skip) Blake Case No. ZA04 -051 RECD S E P 15 2004 Attachment C Page 3 1& ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 September 15, 2004 Clearview Eyecare & Laser Center 2100 E. State Hwy. 114 Lot B, Block B, Briarwood Estates Southlake, Texas 76092 Case No: 9ZA04 -051 VARIANCE FOR INGRESS/EGRESS I (5b) 200' is provided from Briarwood Drive (an intersection) to the entrance at e south of the property as required. 250' spacing; between drives is not possible due to the location of existing drives to the east. • (5c) A 50' stacking depth is provided at the south entrance to the property as required. A stacking depth of 28' -6" is provided off Briarwood Drive. (5d) A variance is requested to maintain the commercial driveway on Briarwood Drive due to firelane needs. Thank you, Roger (Skip) Blake RECD SEP 15 2004 Case No. ZA04 -051 Attachment C Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA04 -051 Review No.: Three Date of Review: 09/17/04 Project Name: Site Plan — Clearview Eyecare & Laser Center APPLICANT: Wallace Ryne / Robert Lehmann 1643 Lancaster, Suite 301 Grapevine, TX 76051 Phone: (817) 329 -2700 Fax: (817) 329 -8322 ARCHITECT: Blake Architects Skip Blake 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Phone: (817) 488-9397 Fax: (817) 251 -3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/07/04 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 (8 17) 481 -2086. 1. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a) Provide the minimum driveway spacing for the proposed drive on S.H. 114. The minimum spacing from an intersection is 200'. The minimum spacing between drives is 250'. (A variance has been requested.) b) Provide the minimum driveway stacking depth for the proposed driveway on Briarwood Dr. The required stacking depth for drives on this site is 50'. (A variance has been requested.) C) 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.) d) Provide the distance to the right -of -way intersection to the south from the drive on Briarwood Drive. Provide the distance to the drive to the east from the drive on S.H. 114. Staff measured the distances to be 193 ' and 90 ' respectively. 2. Correct the bufferyard calculation chart on the plan for the west bufferyard. A type `C' is required but the table shows a portion as a type V. 3. Clearly label and designate the area used for the carports on the site plan. INFORMATIONAL COMMENTS * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 70% for the "C -2" Zoning District. The impervious coverage area percentage of this is approximately 67 %. Case No. Attachment D ZA04 -051 Page 1 * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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. Case No. ZA04 -051 Attachment D Page 2 Articulation Evaluation No. 3 CaseNo.ZA 04 -051 DateofEvahatbn:09A7/04 E lrvathns forClearview Eyecare & Laser Center Receired:09/07/04 Front - facing: South w aIlnt = 12 H oij7ontalartcula tnn V ertdcalarttula tbn R equied P mvEed D e la O kay? R equied P mv:ded D ela O kay? • ax. w aILlength 36 21 -42% Yes 36 18 -50% Yes • in. arty. offset 2 3 50% Yes 2 2 0% Yes • in. arty. length 5 13 160% Yes 5 10 100% Yes Rear - facing North I w aILht = 12 H orizontala etbula ti n V ertjcala2tLulatbn R equied P =Eed D ela O kay? R equihed P mv:ded D ela O kay? M ax. wall.length 36 118 228% No 36 32 -11% Yes • in. arti;. offset 2 23 1050% Yes 2 2 0% Yes • n. arty. length 30 2 -93% No 8 19 138% Yes Right - facing: East I w aunt = 12 H or¢ontalartb:ule ti n V ert h- alartbulathn R equiLed P mvEed D ela O kay? R equied P mv:ded D ela O kay? • ax. w aILlength 36 32 -11 % Yes 36 32 -11% Yes • in. arty. offset 2 3 50% Yes 2 2 0% Yes • in. arty. length 8 30 275% Yes 8 30 275% Yes Left - facing: West I w aunt = 12 H oizontalarti;ulethn V erti:alaYtcula tarn R equied P mvEed D ela O kay? R equied P mv:ded D ela O kay? M ax. w aILlength 36 33 -8% Yes 36 32 -11% Yes • h.art::.offset 2 3 50% Yes 2 2 0% Yes • n. arti;. length 1 8 181 125% 1 Yes 8 18 125% Yes Case No. ZA04 -051 Attachment D Page 3 Surrounding Property Owners Clearview Eyecare & Laser Center Owner NORTHWEST Land Use 1. Mc Properties Inc. "S -P -1" Retail Commercial 2. Struhs, Tom & E Falconer "MF -1" Medium Density Residential 3. Driggers, Randall & Debora "SF-IA" Medium Density Residential 4. Towry, John & Sonya "SF -IA" Medium Density Residential 5. Haines, Jesse & Carol "MF -1" Medium Density Residential 6. Paradis, Thomas "MF -1" Medium Density Residential 7. Park Realty Group Inc. "MF -1" Medium Density Residential 8. Park Realty Group Inc. "C -2" Retail Commercial 9. Almon, Bonita & "C -2" Retail Commercial Mansfield 287 Ltd. Case No. ZA04 -051 1.182 ac 1.113 ac 1.052 ac 1.125 ac 1.102 ac 1.034 ac 1.017 ac 0.974 ac 1.498 ac Attachment E Page 1 Surrounding Property Owners Within Briarwood Estates Subdivision Owner Zoning Land Use Acreage 1. Willard, Danny "SF -IA" Medium Density Residential 1.052 ac 2. Pafel, Thomas & Marcia "SF -IA" Medium Density Residential 1.010 ac 3. Howell, Dan & Marquerite "SF -IA" Medium Density Residential 1.288 ac 4. Perkinson, Douglas A "SF -IA" Medium Density Residential 1.057 ac 5. Kaufinan, James & Denise H "SF -IA" Medium Density Residential 1.514 ac 6. McCann, Nicki "MF -1" Medium Density Residential 1.161 ac 7. Van Til, John "SF -IA" Medium Density Residential 1.104 ac 8. Chase, John & Maria "SF -IA" Medium Density Residential 0.911 ac 9. Ekstrom, Delton "SF -IA" Medium Density Residential 1.052 ac IO.Leonard, Kendall & Amy "SF -IA" Medium Density Residential 0.951 ac 11. Halim Emil "MF -1" Medium Density Residential 0.959 ac 12. Howell, Dan & Marguerite "MF -1" Medium Density Residential 0.976 ac 13. Van Til, John "MF -1" Medium Density Residential 1.009 ac 14. Reynal, John & Beverly "MF -1" Medium Density Residential 1.135 ac 15 -17. Mendez Ltd. "O -1" Office Commercial 3.015 ac 18. Fusselman, Bruce & Michelle "C -3" Retail Commercial 1.802 ac Case No. Attachment E ZA04 -051 Page 2 NoP-TIIWEST PAY EAST Surrounding Property Owner Responses Clearview Eyeeare & Laser Center Notices Sent: Twenty -six (26) Responses: None (0) Case No. ZA04 -051 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -447 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 LOT B, BLOCK B, BRIARWOOD ESTATES; AND BEING 1.523 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL - RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL - RETAIL 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 -2" Local - Retail Commercial District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA04 -051 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA04 -051 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of 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 Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.523 acres, and more fully and completely described in Exhibit "A" from "C -2" Local - Retail Commercial District to "S -P -1" Detailed Site Plan District with "C -2" Local- Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: Case No. Attachment G ZA04 -051 Page 3 1. 2. 3. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the 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 -051 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. ZA04 -051 Attachment G 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. Attachment G ZA04 -051 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -051 Attachment G Page 7 EXHIBIT "A" Being Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.523 acres. Case No. ZA04 -051 Attachment G Page 8 o� 00 I A Q � s i r� �V. ffAffg MT P SITE PLAN Farr a ww•s +wrsW— W .. L° puke AFohlteots w ..r wri3 s� w wrc .fit I or i n— Ed j, JAL B LAKE ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 September 15, 2004 Clearview Eyecare & Laser Center 2100 E. State Hwy. 114 Lot B, Block B, Briarwood Estates Southlake, Texas 76092 Case No: HZA04 -051 S -P -1 ZONING 1. PERMITTED USES This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for the "C -2" Local Retail Commercial District, and all other applicable regulations with the following exceptions: A. COVERED PARKING Covered parking shall be a permitted accessory use and limited to the 11 spaces as shown on the site plan. Covered parking shall be constructed of the same materials, style, etc. as the medical office building. B. LOADING SPACES No loading spaces shall be required on this site. C. ARTICULATION Articulation on the rear elevation shall be allowed as shown on the site plan. Thank you, t r)g �RoSkip) Blake Case No. ZA04 -051 RECD S E P 15 2004 Attachment G Page 10