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Item 8ACity of Southlake Department of Planning STAFF REPORT March 14, 2003 CASE NO ZA03 -008 PROJECT: Gateway Plaza, Phase II, Wyndham Plaza REQUEST: On behalf of Wyndham Properties, Ltd., Canyon Partners is requesting approval of a zoning change from "AG" Agricultural to "S -P -2" General Site Plan District Regulations with "C -3" General Commercial District uses; and concept plan. ACTION NEEDED: Consider first reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Review Summary (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 4801 -337b (G) Full Size Plans (1br Connin s�ion and Cou"cil Member. � Orly) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -008 BACKGROUND INFORMATION OWNER: Wyndham Properties, Ltd. APPLICANT: Canyon Partners PURPOSE: The purpose of this request is to receive approval of a zoning change request a revised Concept Plan for a retail development to include the tract to the west of the previously approved zoning district. PROPERTY SITUATION: The property is located on the northwest corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. LEGAL DESCRIPTION: Lots 1, Block 1, Gateway Plaza, Phase II and Tract 1B 1, situated in the S. Freeman Survey, Abstract No. 525 and the T. Easter Survey, Abstract No. 474. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S -P -2" General Site Plan District Regulations with "C -3" General Commercial District uses. REQUESTED ZONING: "S -P -2" General Site Plan District Regulations with "C -3" General Commercial District uses. HISTORY: -A Preliminary Plat was approved by the City Council on May 16, 2000. -A zoning change, from "AG" to "S -P -2 ", and a concept plan were approved by City Council on June 6, 2000. -A final plat was approved for Lot 1, Block 1 on July 6, 2000. -A zoning change and an optional concept plan were approved by City Council on April 1, 2002. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 13 0' of right -of -way. Adequate right -of -way exists for this road. The Master Thoroughfare Plan recommends N. Nolen Drive to have 84' of right -of -way. City Council approved 5 lanes on N. Nolen Drive within a 70' R. OW. with stacked utilities adjacent to the R.O.W. at the time of the initial zoning. Existinm Area Road Network and Conditions The proposed site will have one (1) access directly onto E. Southlake Boulevard (FM 1709) and one (1) access directly onto N. Nolen Drive. The site will also have access to the drive on the property to the west (Liberty Case No. Attachment A ZA03 -008 Page 1 Bank) via common access easement. Both E. Southlake Boulevard and N. Nolen Drive are a five -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. E. Southlake Boulevard will ultimately be widened to a seven lane roadway. E. Southlake Boulevard (FM 1709) currently carries 43,975 vehicle trips per day. During the A.M. peak, this road carries 3,167 vehicles per hour while the P.M. carries a total of 3,500 vehicles per hour. May, 2002 traffic counts on F.M. 1709 (between Carroll Ave & Kimball Ave 24hr West Bound (WB) (21,676) East Bound (EB) (22,299) WB Peak A.M. (1,286) 11 — 12 a.m. Peak P.M. (2,024) 5 — 6 p.m. EB Peak A.M. (1,881) 8 — 9 a.m. Peak P.M. (1,476) 12 — 1 p.m. N. Nolen Drive currently carries 1,268 vehicle trips per day. During the A.M. peak, this road carries 72 vehicles per hour while the P.M. carries a total of 149 vehicles per hour. May, 2002 traffic counts on N. Nolen Dr between FM 1709 & SH 114 24hr North Bound (NB) (564) South Bound (SB) (704) NB Peak A.M. (32) 10 — 11 a.m. Peak P.M. (57) 2 — 3 p.m. SB Peak A.M. (40) 11 — 12 a.m. Peak P.M. (92) 5 — 6 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT Drive -in Bank 3,448 914 47 35 109 109 Retail 31,280 1,343 20 13 56 61 Restaurant 6,400 576 5 0 32 16 TOTAL 41,128 2,833 72 48 197 186 *Vehicle Trips Per Day *The AN"M times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard. E. Southlake Boulevard between Carroll Avenue and Kimball Avenue carried approximately 44,000 vehicles with the peak times occurring between 8 a.m. and 9 a.m. for the morning rush hour and between 5 p.m. and 6 p.m. for the evening rush hour. This site will generate 120 vehicle trips during the A.M. rush hour and 383 vehicle trips during the P.M. rush hour. WATER & SEWER: A 12" water line currently exists along the north side of E. Southlake Boulevard (FM 1709). The applicant will extend sanitary sewer to the site. Case No. ZA03 -008 Attachment A Page 2 ESTIMATED IMPACT FEES: P &Z ACTION STAFF COMMENTS Water $30,332.96 (assumes 5 — 2" simple meters) Wastewater $18,902.40 (assumes 5 — 2" simple meters) Roadway $33,790.73 (assumes retail, bank, and restaurant uses) *Final impact fees are determined by the Building Services Dept at the time of building permit issuance. The fees shown above represent estimates prepared by the Planning Dept. March 6, 2003; Approved (5 -1) (Stansell) subject to Concept Plan Review Summary No. 2, dated February 28, 2003, granting request for a variance. Attached is Concept Plan Review Summary No. 2, dated February 28, 2003. The following variance is being requested: • Internal Storage (stacking) — Stacking for Drive `A' was approved at 44'- 6" and stacking for Drive `C' was approved at 41' -4" on the previously approved plan. The applicant is requesting 38' of stacking for Drive `A' and 30' of stacking depth for Drive `C'. • Landscape Parking Islands — Landscape parking islands must be provided at 20 SF per parking stall and a minimum size of 12' wide and equal to the depth of the parking stall. The applicant is requesting a waiver from the required number of landscape islands and be allowed the use of larger islands as shown on the concept plan. N: \Community Deve1opment \WP - FILES \MEM0\2003cases \03 -008. doe Case No. ZA03 -008 Attachment A Page 3 Vicinity Map Gateway Plaza Phase II Wyndham Plaza 1000 0 1000 2000 3000 Feet N S Case No. ZA03 -008 E Attachment B Page 1 i /GAB1rET A. 01 SITE PLAN PON Sli ACH % INORY b � IHb Sa•2/GD u5E �Iy{ ■Ywn i+�a REFWiMOER iRILT 1Y1!I ❑V ❑ nrvap a+nr tl Tr..rue Plt MA1'fllLD55LDDIY! 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W.w w itW n aMw �J u 4 ,. u u u V L u v 1 U 0 u L-1 - W Ri #P 1 COSTCO WHOLESALE CORPORATION _�_�! ❑ ra*ebnesuc6ram ❑ i /GAB1rET A. 01 SITE PLAN PON Sli ACH % INORY b � IHb Sa•2/GD u5E �Iy{ ■Ywn i+�a REFWiMOER iRILT 1Y1!I ❑V ❑ nrvap a+nr tl Tr..rue Plt MA1'fllLD55LDDIY! '� kk - 1 — 15' Bti1LO1FtG L1rrE NOW-C 9854, PA6E a, MATL.T1 / -- - -• - - . —.�� «,�.r= _..�.. p A CC pd ORP a� 1 GRARW SCALE ~ -�'•� SG11L r -.la -v f F ;L ❑ C m o $ I. ❑ z ��ar��a p a He a ❑ ❑ z 0 4 ❑ C3 E3 aMCol� amlvlaiTilM/■�A01M V (3 O71L4 ❑ ya marnulcav ❑ tY PA/[YC4Y IAN! ❑ ' T wh aT0.lt Ylq TRL' 11 111SAR1 13 FAX Om 1iML ❑ ❑ i 1( t N� a i1u n Ar■r. 13 mMS w O r�x im aY ❑ j MAX WTI 0 -01l �/ ❑ nom ❑ CUM ■ ASIMATPJ C) !unm HILL Ia ❑ Ts on 0-0 ❑ FAX mH awa ❑ I7 aneaws unrn ❑ MY a an Ic • r.a ❑ SHEET NO. ❑ O SP21 ❑ CA<E N0.1A 6fOQ1 �-- n WYNDAM PLAZA WEST NARRATIVE DESCRIPTION OF USE The Site bordered on the East by N. Nolen Drive, to the South by Southlake Blvd. (Hwy. 1709), to the West by Liberty Bank Drive and to the North by Costco (N.W.C. of Southlake Blvd. and N. Nolen Drive) is intended to be developed for small retail and restaurant uses. Case No. ZA03 -008 Attachment C Page 2 EXHIBIT "B" GATEWAY PLAZA PHASE H SP -2 DEVELOPMENT REGULATIONS Gateway Plaza Phase II will be a retail development that compliments and continues the architectural design of Phase 1. These developments will be separated by a preserved creek way, but will connect at strategic locations. As with Phase I, we have worked to assemble several smaller tracts of land, in order to provide a comprehensive plan. The approval of these plans will allow for the consolidation of nine separately owned tracts into a master planned development. When retail projects are in the planning stages, potential tenants are arranged on the plan in different configurations, and a variety of concept plans are developed. We have submitted this new concept plan as an alternate to the previously approved plan, and will allow the flexibility to react to the needs of the tenants that we are working with at this time. As new tenants are signed the applicant desires flexibility to modify the plan, with buildings being placed within the permissible building areas shown on the concept plans. The maximum footages are shown on the concept plan. The total square footage will be controlled by the parking requirements, and the impervious coverage requirement. While individual building sizes and configuration may change, the design character of the facades will remain the same and will adhere to the articulation ordinance. Use Regulations: Permitted Uses — Permitted uses shall be in accordance with the C -3 Zoning District including outdoor dining, tire, battery and automobile accessory sales and gasoline service stations. Non - Permitted uses are provided below. (as approved in Phase I) C -3 with the following exceptions: 7) Conventional golf courses, including outdoor driving ranges necessary. 16) Lodges, sororities, and/or fraternities. 17) Medical care facilities to include nursing homes. 18) Mortuaries, funeral homes and undertakers. 23) Plumbing and heating appliance, repair and installation service. 0-1 with the following exceptions: 29) Radio recording and television broadcasting offices and studios. C -2 with the following exceptions: 8) Business colleges or private schools for vocational training. 24) Frozen food lockers for individual or family use. Other Limitations include: a) Limited any office related training to 30% of the tenant's floor area. b) Limiting the number of screens in auditoriums, theaters, and cinemas to ten screens. Impervious Coverage: The maximum impervious coverage for the overall development site shall be 80 %. Page 11 Case No. ZA03 -008 RECD F F B 0 3 2003 Attachment C Page 3 Building Materials and Facades: The building front facades are a combination of cultured stone, brick, EFIS, and split face block applied over tilt wall or concrete block construction, with terra cotta colored concrete tile roofs. Other materials to be used on the fronts of the buildings are ornamental ironwork, cast stone medallions and granite tile. The backs of the buildings and other nonvisible areas are designed as tilt wall or concrete block with a textured paint. Vertical wall heights may be modified slightly to accommodate screening of mechanical units as contract documents are developed. Some of the pad site buildings are planned to be national restaurants, the facades of these buildings may have some variation in architectural style, however some of the same construction materials will be integrated into these buildings. Lot Lines Side Yard Setback Lines and Buffe ards: As shown on the concept plan, we have established the required bufferyards for the development, however, to accommodate some retailers, it may be necessary to subdivide the property into additional lots. We request that this be allowed, without additional bufferyards being placed internal to the development, and without side yard setback lines. Front Building Setback Lines: As with Phase I of Gateway Shopping Center, we request that the pad site buildings along FM 1704 and SH 114 access road have a minimum thirty -foot setback. No drives or parking will be allowed within the thirty (30) foot setback. All other buildings will be per ordinance, which is fifty (50) foot setback along Southlake Blvd and Highway 114, and thirty (30) foot setback along Nolen Drive. Parking Spaces: We request up to a 10% variance on the number of required parking spaces. Outside dining areas shall not be counted in calculating the required number of parking spaces. Outside Storage: Shopping cart storage will be permitted within a non air- conditioned enclosure that is under roof, enclosed on three sides, and carts are not visible from the R.O.W. The enclosure will be integral to the design of the building. Outside storage will comply with Ordinance 480, Section 45.11 as amended. Page 12 Case No. ZA03 -008 <Y—)( �!) RECD F F B 0 3 2003 Attachment C Page 4 METES AND BOUNDS DESCRIPTION Beginning at a 112" iron rod found, the northeast corner of Lot 1R1, Block 1, W.E. Mayfield Addition according to the plat thereof recorded in Cabinet A, Page 3447, Map Records, Tarrant County, Texas; Thence, South 72 degrees, 07 minutes, 24 seconds East, a distance of 175.14 feet to a 112" iron rod found with yellow plastic cap stamped "Area Surveying "; Thence, South 01 degrees, 34 minutes, 40 seconds West, a distance of 234.65 feet to a 112" iron rod found with yellow plastic cap stamped "Area Surveying" in the north right - of -way line of E. Southlake Boulevard (130' R.O.W.); Thence, along said north right-of-way line, North 70 degrees, 38 minutes, 09 seconds West, a distance of 195.94 feet to a 112' iron rod found, the southeast corner of said Lot 1R1; Thence, departing said north right -of -way line, along the east line of said Lot 1R1, North 06 degrees, 17 minutes, 36 seconds East, a distance of 224.71 feet to the POINT OF BEGINNING and containing 41,168 square feet, or 0.9451 acres of land, more or less. Case No. ZA03 -008 Attachment C Page 5 Concept Plan Review Summary �ase No: ZA — 03 -008 Review No: Two Date of Review: 02/28/03 3 roj ect Name: Wyndham Plaza (Gateway Plaza Phase H) Developer Comments: 1) Provide stacking depth as approved on the previous site plan. Stacking for Drive A' was approved at 44' 6" Stacking for Drive `C' was approved at 41'4 ". We believe the current site plan provides the best internal traffic flow for the site. As you will note the change in stacking depth on Drive `A' is only 6', however there is an additional 24' fire lane that will serve as stacking before any point of conflict with cars backing out of parking spaces. Drive `C' is located off of Nolan Road. As shown in the staff review comments Southbound Nolan Road only carries 704 vehicles per day, as constructed Nolan Road is a 5 -lane roadway. The provided stacking depth is 30 feet, however an additional 30' stacking depth exists before any point of conflict with cars backing out of parking spaces. 2) Provide the required area and size of landscape parking islands on site. As you will note, the impervious coverage on this site was approved at 80 %fl, our site plan utilizes only 73.5% of the property. The required landscape area is 20,324 sq. ft. we are providing 3 6,3 03 sq. ft. We request that some of the interior parking islands be waived and allow the use of larger islands, and bufferyards as shown. RECD MAR 0 6 2003 Case No. ZA03 -008 Attachment C Page 6 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA03 -008 Review No.: Two Date of Review: 02/28/03 Project Name: Concept Plan — Wyndham Plaza (Gateway Plaza, Phase II) APPLICANT: Canyon Partners Drew Watson ARCHITECT: O'Brien & Associates Richard Nordvke 6060 N. Central Expressway 5310 Harvest Hill Road, Suite 136 Dallas, TX 75206 Dallas, TX 75230 PHONE: (214) 691 -0318 PHONE: (972) 788 -1010 FAX: (214) 691 -0343 FAX: (972) 788 -4828 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/17/03 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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. 1. Provide stacking depths as approved on the previous site plan. Stacking for Drive `A 'was approved at 44' -6 ". Stacking for Drive `C' was approved at 41 ' -4 ". (A variance has been requested.) 2. Provide the required area and size of landscape parking islands on the site. Landscape parking islands must be provided at 20 SF per parking stall and a minimum size of 12' wide and equal to the depth of the parking stall. (A variance has been requested.) 3. Label the land use map designation ( "L.U.D. = ") on the properties across E. Southlake Blvd as `Retail Commercial'. Correct the existing zoning on Lot 4, Block 1, Georgetown Park to "C -2 ". 4. Correct the open space percentage in the Site Data Summary Chart. The open space percentage should be reciprocal to the impervious coverage percentage. That would make 26.5% open space based on 73.5% impervious coverage. INFORMATIONAL COMMENTS The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processed and filed in the County Plat Records, and a 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. This site falls within the applicability of the Corridor Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building Case No. ZA03 -008 Attachment D Page 1 permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as amended. • Spill-over lighting and noise per §43.131 and §43.13j, Ordinance 480, as amended. • Off - street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. Case No. Attachment D ZA03 -008 Page 2 Surrounding Property Owners Gateway Plaza, Phase II, Wydham Plaza Case No. ZA03 -008 Attachment E Page 1 Owner Zoning Land Use Acreage 1. Bank of the West 1. C2 1. Mixed Use 1. 0.89 2. Sterling Properties 2. C2 2. Retail Commercial 2. 1.73 3. International Mbc, Inc. 3. C2 3. Retail Commercial 3. 0.89 4. Park Monticello Ltd 4. C2 4. Retail Commercial 4. 2.52 5. H. Shanklin 5. AG 5. Retail Commercial 5. 6.79 6. Par 3 Properties 6. SPl 6. Retail Commercial 6. 3.22 7. Gateway Phase II JV 7. SP2 7. Mixed Use 7. 16.54 8. Costco Wholesale Corp 8. SP2 8. Mixed Use 8. 4.78 9. Costco Wholesale Corp 9. SP2 9. Mixed Use 9. 16.3 10. Wydham Properties 10. SP2 10. Mixed Use 10. 5.13 Case No. ZA03 -008 Attachment E Page 1 Surrounding Property Owner Responses Gateway Plaza, Phase II, Wydham Plaza Notices Sent: Nine (9) Responses: None Case No. ZA03 -008 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -337b 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 1, BLOCK 1, GATEWAY PLAZA PHASE 2, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDES 6093, 6094, & 6095, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND TRACT 1B1, SITUATED IN THE S. FREEMAN SURVEY, ABSTRACT NO. 525 AND THE T. EASTER SURVEY, ABSTRACT NO. 474, BEING APPROXIMATELY 5.13 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "C -3" GENERAL COMMERCIAL DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "C -3" GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT 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 Case No. Attachment G ZA03 -008 Page 1 general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use ofthe land throughout Case No. Attachment G ZA03 -008 Page 2 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, 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 Case No. Attachment G ZA03 -008 Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being legally described as Lot 1, Block 1, Gateway Plaza Phase 2, according to the plat recorded in Cabinet `A', Slides 6093, 6094, & 6095, Plat Records, Tarrant County, Texas, and Tract 1B 1, situated in the S. Freeman Survey, Abstract No. 525 and the T. Easter Survey, Abstract No. 474, being approximately 5.13 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses to "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of Case No. Attachment G ZA03 -008 Page 4 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 Soutlilake, 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 ifthe 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 Case No. Attachment G ZA03 -008 Page 5 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 ten (10) 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 one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2003. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2003. Case No. Attachment G ZA03 -008 Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -008 Attachment G Page 7 EXHIBIT "A" Being legally described as Lot 1, Block 1, Gateway Plaza Phase 2, according to the plat recorded in Cabinet `A', Slides 6093, 6094, & 6095, Plat Records, Tarrant County, Texas, and Tract 1B 1, situated in the S. Freeman Survey, Abstract No. 525 and the T. Easter Survey, Abstract No. 474, being approximately 5.13 acres. Property description for Tract 1B 1: METES AND BOUNDS DESCRIPTION Beginning at a 112" iron rod found, the northeast corner of Lot 1R1, Block 1, W.E. Mayfield Addition according to the plat thereof recorded in Cabinet A, Page 3447, Map Records, Tarrant County, Texas; Thence, South 72 degrees, 07 minutes, 24 seconds East, a distance of 175.14 feet to a 112" iron rod found with yellow plastic cap stamped "Area Surveying "; Thence, South 01 degrees, 34 minutes, 40 seconds West, a distance of 234.65 feet to a 112" iron rod found with yellow plastic cap stamped "Area Surveying " in the north right - of-way line of E. Southlake Boulevard (130" R.O.W. ); Thence, along said north right -of -way line, North 70 degrees, 38 minutes, 09 seconds West, a distance of 195.94 feet to a 1 /2" iron rod found, the southeast corner of said Lot 1R1; Thence, departing said north right-of-way line, along the east line of said Lot 1R1, North 06 degrees, 17 minutes, 36 seconds East, a distance of 224.71 feet to the POINT OF BEGINNING and containing 41,168 square feet, or 0.9451 acres of land, more or less. Case No. ZA03 -008 Attachment G Page 8 o 0 c � , W I n b � W• MY M /��(a �r.ti . .n ^ NWYI, �f8 SITE RATA SUMMaY CHART fUYYAAY [RIRf - y.lY. PW �� ruu¢nc wr unoxu[ S Y +s - .a........,•... ' mom. '� �..,•� 01 SITE PLAN ` r;w FOR W AGRI* q/Illl) - ec mm.ws n.,d. i"�1 rnoram ura 1�� 13 ❑ -- u.••.nram w■ . ❑ ❑ w.- _— ■1� .mil N,YO s - Y� ..•.■ MY. ❑ O'BRIEN❑ • — - — •ua■ns■N•uw,.•.w . u.Ym . uw...u,ma■Yna ❑ d ASSOCIATES ❑ 13 0 _ Y p ""'� ° i �"'- „- ,"�,` suYYUr w•Nr - v+imu•a un ..: �."°� y •.. � .. .......... r u �t � w ..�..... .,w r.+ ■±r u. "' ii u � Q a I Il.� 4 �tO�Ut1� ❑ OR' <oT (v,4�i'iq�CF Ge ° - '�Or a ��c•,- , SOX ��' • � =�� -4ip ° 4.aA- Ar nfi5 � Of 7gyl.R lC r � 6 n q yJ L GcArtnc ^ SCALE �•�- ILJ 0 (D J / W2.12 r.xfr 1 ''�, I III ! I I I I I I I I I I ■ I, I �i td y EXHIBIT `B" GATEWAY PLAZA PHASE II SP -2 DEVELOPMENT REGULATIONS Gateway Plaza Phase II will be a retail development that compliments and continues the architectural design of Phase L These developments will be separated by a preserved creek way, but will connect at strategic locations. As with Phase I, we have worked to assemble several smaller tracts of land, in order to provide a comprehensive plan. The approval of these plans will allow for the consolidation of nine separately owned tracts into a master planned development. When retail projects are in the planning stages, potential tenants are arranged on the plan in different configurations, and a variety of concept plans are developed. We have submitted this new concept plan as an alternate to the previously approved plan, and will allow the flexibility to react to the needs of the tenants that we are working with at this time. As new tenants are signed the applicant desires flexibility to modify the plan, with buildings being placed within the permissible building areas shown on the concept plans. The maximum footages are shown on the concept plan. The total square footage will be controlled by the parking requirements, and the impervious coverage requirement. While individual building sizes and configuration may change, the design character of the facades will remain the same and will adhere to the articulation ordinance. Use Regulations: Permitted Uses — Permitted uses shall be in accordance with the C -3 Zoning District including outdoor dining, tire, battery and automobile accessory sales and gasoline service stations. Non - Permitted uses are provided below. (as approved in Phase I) C -3 with the following exceptions: 7) Conventional golf courses, including outdoor driving ranges necessary. 16) Lodges, sororities, and /or fraternities. 17) Medical care facilities to include nursing homes. 18) Mortuaries, funeral homes and undertakers. 23) Plumbing and heating appliance, repair and installation service. 0-1 with the following exceptions: 29) Radio recording and television broadcasting offices and studios. C -2 with the following exceptions: 8) Business colleges or private schools for vocational training. 24) Frozen food lockers for individual or family use. Other Limitations include: a) Limited any office related training to 30% of the tenant's floor area. b) Limiting the number of screens in auditoriums, theaters, and cinemas to ten screens. Impervious Coverage: The maximum impervious coverage for the overall development site shall be 80 %. Case No. Attachment G ZA03 -008 Page 10 Building Materials and Facades: The building front facades are a combination of cultured stone, brick, EFIS, and split face block applied over tilt wall or concrete block construction, with terra cotta colored concrete tile roofs. Other materials to be used on the fronts of the buildings are ornamental ironwork, cast stone medallions and granite tile. The backs of the buildings and other nonvisible areas are designed as tilt wall or concrete block with a textured paint. Vertical wall heights may be modified slightly to accommodate screening of mechanical units as contract documents are developed. Some of the pad site buildings are planned to be national restaurants, the facades of these buildings may have some variation in architectural style, however some of the same construction materials will be integrated into these buildings. Lot Lines, Side Yard Setback Lines and Buffervards: As shown on the concept plan, we have established the required bufferyards for the development. However, to accommodate some retailers, it may be necessary to subdivide the property into additional lots. We request that this be allowed, without additional bufferyards being placed internal to the development, and without side yard setback lines. Front Building Setback Lines: As with Phase I of Gateway Shopping Center, we request that the pad site buildings along FM 1709 and SH 114 access road have a minimum thirty -foot setback. No drives or parking will be allowed within the thirty (30) foot setback. All other buildings will be per ordinance, which is fifty (50) foot setback along Southlake Blvd and Highway 114, and thirty (3 0) foot setback along Nolen Drive. Parking Spaces: We request up to a 10% variance on the number of required parking spaces. Outside dining areas shall not be counted in calculating the required number of parking spaces. Outside Storage: Shopping cart storage will be permitted within a non air - conditioned enclosure that is under roof, enclosed on three sides, and carts are not visible from the R.O.W. The enclosure will be integral to the design of the building. Outside storage will comply with Ordinance 480, Section 45.11 as amended. Case No. Attachment G ZA03 -008 Page 11 EXHIBIT "C" This page reserved for City Council motion. Case No. Attachment G ZA03 -008 Page 12