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Item 7ACity of Southlake Department of Planning STAFF REPORT July 11, 2003 CASE NO ZA03 -025 PROJECT: Cornerstone Plaza (zoning change and concept plan) REQUEST: On behalf of Par -3 Properties, St. Ives Realty, Inc. is requesting approval of a zoning change and concept plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider second reading for zoning change and concept plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (G) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -386a 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 -025 BACKGROUND INFORMATION OWNER: Par -3 Properties APPLICANT: St. Ives Realty, Inc. PURPOSE: The purpose of this request is to receive approval of a revised concept plan for the development of retail and restaurant uses. PROPERTY SITUATION: The property is located on the south side of E. Southlake Boulevard (FM 1709) approximately 600' east of South Nolen Drive. LEGAL DESCRIPTION: Lot 3, Block 1, Cornerstone Plaza LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S -P -2" General Site Plan District with limited "C -3" General Commercial District uses. REQUESTED ZONING: "S -P -2" General Site Plan District with limited "C -3" General Commercial District uses. HISTORY: -An "S -P -2" zoning request and a concept plan were approved by City Council on March 6, 2001. -A Preliminary Plat was approved by City Council on February 20, 2001. - City Council approved a revised zoning and concept plan on February 12, 2002. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right -of -way. Adequate right -of -way exists for this road. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly onto E. Southlake Boulevard (F.M. 1709). The site will also have common access drives to the property to the west and to the east providing access over to Nolen Drive. E. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. The roadway will ultimately be widened to a 7 -lane roadway. Crooked Lane northeast of Nolen Drive has been abandoned and quitclaimed to the property owners. Case No. Attachment A ZA03 -025 Page 1 May, 2002 traffic counts on F.M. 1709 (between S.H. 114 & Kimball Avenue 24hr West Bound (WB) (20,204) East Bound (EB) (19,376) WB Peak A.M. (1,249) 11 — 12 a.m. Peak P.M. (1,781) 5 — 6 p.m. EB Peak A.M. (1,409) 8 — 9 a.m. Peak P.M. (1,392) 12 — 1 p.m. WATER & SEWER: Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT Retail 14,950 608 N/A N/A 17 22 Quality Restaurant 11,385 1,024 8 1 57 28 Total 26,335 1,632 8 1 74 50 *Vehicle Trips Per Day "The AM/PM times represent the potential number ofvehicle trips generated during the peak travel time on E. Southlake Boulevard. The site will connect to a 12" water line that currently exists along the south side of E. Southlake Blvd in front of the site. The site will connect to an existing 8" sanitary sewer line in front of the site. P &Z ACTION: June 5, 2003; Approved (5 -0) subject to Concept Plan Review Summary No. 3, dated May 30, 2003; specifically requiring cross - access with east property, adopting regulations and uses as proposed, and granting variance request for 10% reduction in parking. COUNCIL ACTION: June 17, 2003; Approved First Reading (7 -0) subject to Concept Plan Review Summary No. 3, dated May 30, 2003, and granting the 10% reduction in required number of parking spaces and accepting the applicant's willingness to continue the sidewalk from the Snookie's site to the driveway ofthis property. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated May 30, 2003. The following changes to the currently approved zoning and concept plan are proposed: • Proposes a new development regulation as part of the "S -P -2" zoning: o Residential Adjacency standards shall not be required. • Changes the two building configuration into a three building configuration with net increase of approximately 500 square feet. • Reconfigures the use distribution on the site by increasing the restaurant space from approximately 7,000 square feet to 11,500 SF and decreases the retail space from approximately 19,000 SF to 15,000 SF. Case No. Attachment A ZA03 -025 Page 2 Under the "S -P -2" site plan district zoning the applicant proposes the following: Uses The proposed permitted uses are to include all "C -3" district uses with the exception of the following deletions: a) Auditoriums, theaters and cinemas; b) Conventional golf courses, including outdoor driving ranges accessory thereto; c) Lodges, sororities and /or fraternities; d) Mortuaries, funeral homes, and undertakers; e) Retail stores with a primary product line including automotive tires and /or automotive batteries, automotive accessories and service stations; f) Drive - through fast -food establishments. Development Regulations The proposed development regulations are to follow all the development regulations of the "C -3" district with the following exceptions: a) Maximum impervious coverage required: 77 %; Provided: 78% on a per lot bases, provided the overall site does not exceed 77 %; b) Bufferyards along lot lines internal to the development shall not be required; c) Residential adjacency standards shall not be required;** "Newly proposed A variance is requested for the following: • Parking: The required number of parking spaces for the proposed uses equals 206 spaces. The applicant is providing 187 spaces. A 10% reduction of the required number of off - street parking spaces has been requested. N: \Cotmuunity Development \WP - FILES \MEMO \2003cases \03- 025ZCP.doc Case No. Attachment A ZA03 -025 Page 3 Vicinity Map Cornerstone Plaza 9000 0 9000 2000 3000 Feet 0 S Case No. ZA03 -025 E Attachment B Page 1 �r nWE5'f PKWY EAST o 0 c N v, a A I� V � Q � "� E \` g! A C l 6 TEW Y Pl ADP N U r LOCATION MAR P s 11 To .. W as¢'u c.—I —­T 0 —W0 Y 7-]�• F R 365.00' 1 fY \ O u$' R. A L ROPOSFp LAUpX.WE gREAS jx6N INFEPNW4 MFns) f SXav,N SHApEp 12, 59' T - fi, 52' y °' ] qiL RwsFS sxotim nTwFru ,R[ A uw,x EE H MCm. LL = F1 32' BNLpIw^ w r ` - r 06 3 " ! M /,>^ qLL PAA%X9 f1ALL9 SXMXA NFRfpi ARF L w 16 j£MCFPI 1. ACCE 1- CO - N CB'-V47' E 00/91 o y wiNw 1W5 iRncr !s cuxFExtt. Polv[p sP a sox R 86' 5. ALL FIR—E uvtipE RA511 qaE E FEET, { C 29.7 9 1s pRK � 457 E C, j (Fws1J � LIEU: �n � I • ' II 111 I 6NL9r c A ' $ c 420'f "MK x iD pRIYE E pR14E E (EPlfi.J s� l� 1 S.WR I 1 X LD FT i 9 B ILWTC IL „L ' p f ag I 1 - H R w N 54'W'p1” E l� V 9 1 35 89 .. L um. A Q �j' CORIIERSIONE 94151Nf55 PMR Iq G{ t ¢� W. n xq[ aJb Mtn U16YRWAY O T w Nr, N;A xd wnw Av%R wt- E91�nlxp aimnm =c 1 1 11 1 F� l 1 W � w 101 2 STCaE PuIA x5EnX5aK LPNENf E RLA TW5PAN9 CONCEPT PLAN RX "' T19 O9ES FOR S —P -2 ZONING REQUEST CORNERSTONE PLAZA 'z• c'.:.�,u�m oar ° [a,,,'�:, Mo"e�ry e.laoa ml�,c rP «. «. «.Or LOT 3, BLOCK 1 N ad CORNERSTONE PLAZA 2. xwma'rI..�M.�a n u..oHigLan; 3.65 ACRES O'JT OF THE THOMAS EASTER 5URVEY ABSTRACT NO. 474 5. h roM !me ,>_ I. �° • �• • L°E 0TY OF SOUTHLAKE 6EK40Pxfli1 AFWL nen5: TARRANT COUNTY, TEXAS AY 200] Cmm, d O - I�6 L 21 IE ' ga OWNER SCALE : I' 50' CASE No. Zn 03 - 025 APPLICANT U1 S Ym E W - L wAr. R 14P J DJ R EAIiE ,,.,.TMRR,W l 1 NARRATIVE FOR ZONING CHANGE, SITE PLAN AND PLAT APPLICATION We are submitting a site plan application, a subdivision plat (plat revision) application, and a zoning change request with concept plan application for S -P -2 for C -3 uses (with use limitations for a 3.66 acre tract located on the south side of E. Southlake Boulevard east of Nolen Drive. The property is currently zoned S -P -2 for C -3 General Commercial District uses with a land use description of Retail Commercial. The purpose of the zoning change request is to amend the concept plan that was approved with Case No. ZA01 -121 by replacing the layout that was shown within this 3.66 acre portion with a layout that is very similar to that which was approved previously. The concept plan and site plan carry forward various exceptions and variances that were a part of previous approval. The following uses have been excluded from the C -3 district allowable uses: 1. Auditoriums, theaters and cinemas. 2. Conventional golf courses, including outdoor driving ranges accessory thereto. 3. Lodges, sororities and/or fraternities. 4. Mortuaries, funeral homes and undertakers. Maximum impervious lot coverage requested is 78% on a per lot basis provided the overall site does not exceed 77 %. This remains as previously approved. The existing development to the west, which is a part of the overall site referenced above, was approved with 76.5% impervious coverage. Bufferyards along lot lines internal to the development (between this site and the Ultimate Electronics site) are requested to be waived as was previously approved. Finally, a driveway spacing variance between the existing drive to the west (to Ultimate Electronics) and the proposed driveway to the site is requested as previously approved. The proposed driveway aligns with the existing driveway on the north side of Southlake Boulevard. Three buildings are proposed for the site with a total of 26,430 square feet of net leasable floor area. Buildings A and B are proposed for restaurant uses and the rear building (Building C) is proposed for retail uses. Case No. Attachment C ZA03 -025 Page 2 dJ R ENGINEERS AND CONSULTANTS, INC, CIVIL ENGINEERS . SURVEYORS • LAND PLANNERS • CAD DESIGNS April 28, 2003 City of Southlake Planning Department 1400 Main Street Southlake, Texas 76092 Attn: Ben Bryner, Planner Re: Cornerstone Plaza, Lot 3, Block I ZA03 -025 Dear Mr. Bryner: The following variances are requested for the subject property: Driveway Spacing — The previously approved driveway spacing between driveways "B" and °C" (required: 500 feet; provided: 365 feet) is being repeated in this revision. Impervious Cover — The previously approved maximum impervious coverage of 78% on a per lot basis (includes this lot and the adjacent lot to the west) provided the overall site does not exceed 77% is being repeated in this revision. Bufferyards — The previously approved waiver of the bufferyard requirement along lot lines internal to the development is being repeated in this request. This is effective to the west property line as well as at the east property line where the driveway crosses. Parking — A 10% reduction in parking is requested due to shared access with adjacent properties and in order to enhance tree preservation opportunities. Driveway Spacing — The previously approved driveway spacing between driveways "B" and "C" (required: 500 feet; provided: 365 feet) is being repeated in this revision. RECD APR 2 8 2003 Case No. Attachment C ZA03 -025 Page 3 Residential Adjacency Standards — Inasmuch as the nearby Agriculturally zoned tract (L.U.D. Low Density Residential) lies within the 70 DNL noise contour of DFW lnternational Airport and the City of Southlake Ordinance prohibits residential construction in the noise zone, a waiver of residential adjacency standards is requested. Please contact me if you have any questions. Sincerely, J.P&� J. Kent Bell Director of Planning Zoning Services Case No. ZA03 -025 Attachment D Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA03 -025 Review No.: Three Date of Review: 05/30/03 Project Name: Concept Plan — Cornerstone Plaza APPLICANT: St. Ives Realty, Inc. Trov Bathman 16910 Dallas Parkway, Suite 100 Dallas, TX 75248 Phone: (972) 235 -7888 Fax: (972) 235 -3570 ENGINEER: JDJR Engineers & Consultants Kent Bell 2500 Texas Drive, Suite 100 Irving, TX 75062 Phone: (972) 252 -5357 Fax: (972) 252 -8958 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/19/03 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 ORNEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. The required number of parking spaces for the proposed uses equals 206 spaces. The applicant is providing 187 spaces. (A 10% reduction of the required number of off - street parking spaces has been requested.) 2. A common access easement must be obtained from the Snookies property to the east due to the drive relocation. INFORMATIONAL COMMENTS Please be mindful that should individual tenants desire to sell alcoholic beverages that a specific use permit must be processed and approved by the Planning and Zoning Commission and the City Council. 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, 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 residential adjacency standards as amended by Ordinance 480 -CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor Overlay Zone regulations in Section 43, Part 11. 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 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: Case No. ZA03 -025 Attachment D Page 2 • Masonry requirements per §43.13 a, 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 -025 Page 3 Surrounding Property Owners Cornerstone Plaza Case No. Attachment E ZA03 -025 Page 1 Owner Zoning Land Use Acreage 1. Wydham Properties 1. SP2 1. Mixed Use 1. 0.46 2. Wydham Properties 2. SP2 2. Mixed Use 2. 1.61 3. Wydham Properties 3. SP2 3. Mixed Use 3. 32.0 4. St. of Texas 4. SP2 4. Retail Commercial 4. 1.23 5. Coppell Dtr Center 5. SP2 5. Retail Commercial 5. 1.94 6. Shurgaurd/Fremont Ptrs 6. SP2 6. Industrial 6. 4.56 7. Southlake Cornerstone 7. SP2 7. Office Commercial 7. 1.48 Business Park 8. Par 3 Properties 8. SP2 8. Office Commercial 8. 0.60 9. Southlake Cornerstone 9. SP2 9. Office Commercial 9. 2.16 Business Park 10. Southlake Cornerstone 10. SP2 10. Office Commercial 10. 1.60 Business Park 11. Par 3 Properties 11. AG 11. Low Density Residential 11. 0.24 12. Par 3 Properties 12. AG 12. Low Density Residential 12. 1.35 13. Par 3 Properties 13. SP2 13. Retail Commercial 13. 2.49 14. Shafer Plaza Ltd 14. SP2 14. Retail Commercial 14. 1.52 15. St. of Texas 15. SP2 15. Retail Commercial 15. 1.23 16. Par 3 Properties 16. SP2 16. Retail Commercial 16. 3.66 Case No. Attachment E ZA03 -025 Page 1 Surrounding Property Owner Responses Cornerstone Plaza Notices Sent: Seven (7) Responses: None Case No. ZA03 -025 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -386a 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 2, 2C, AND A PORTION OF TRACT 2AI, THOMAS EASTER SURVEY, ABSTRACT NO. 474, LOT 2R2, BLOCK 5, CORNERSTONE BUSINESS PARK, AND A PORTION OF CROOKED LANE RIGHT -OF -WAY, BEING APPROXIMATELY 3.66 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "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 general welfare, all in accordance with a comprehensive plan; and Case No. Attachment G ZA03 -025 Page 1 WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Plan District with limited "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 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, Case No. Attachment G ZA03 -025 Page 2 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 2, 2C, and a portion of Tract 2A1, Thomas Easter Survey, Abstract No. 474, Lot 2R2, Block 5, Cornerstone Business Park, and a portion of Crooked Lane right -of -way, Being Approximately 3.66 Acres, and more fully and completely described in Exhibit "A" from "S -P- 2" Generalized Site Plan District with limited "C -3" General Commercial District uses to "S -P- Case No. ZA03 -025 Attachment G Page 3 2" Generalized Site Plan District with limited "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 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. Case No. Attachment G ZA03 -025 Page 4 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 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. ZA03 -025 Attachment G Page 5 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. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -025 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -025 Attachment G Page 7 EXHIBIT "A" Being Tracts 2, 2C, and a portion of Tract 2A1, Thomas Easter Survey, Abstract No. 474, Lot 2R2, Block 5, Cornerstone Business Park, and a portion of Crooked Lane right -of -way, Being Approximately 3.66 Acres. LEGAL DESCRIPTION BEING a portion of all that certain tract of land out of the Thomas Easter Survey, Abstract 474, in the City of Southlake, Tarrant County, Texas, conveyed to Par -3 Properties according to the Warranty Deeds thereof recorded in Volume 14688, Page 177, Volume 14686, Page 302, and Volume 14649, Page 84 of the Deed Records of Tarrant County, Texas, and being all that certain Lot 2R2, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Texas, according to the plat thereof recorded in Cabinet A, Slide 6399 of the Plat Records of Tarrant County, Texas, and being a portion of Crooked Lane abandoned by City Ordinance No. 808 and recorded in Volume 15485, Page 123 of the Deed Records of Tarrant County, Texas, all together being more particularly described, by metes and bounds, as follows: BEGINNING at a Texas DOT Monument found for the northeast corner of said tract in Volume 14686, Page 302 of said records; said Monument also being in the south right -of- way line of Southlake Boulevard; said Monument also being the northwest corner of Lot 5R2, Thomas Easter No. 474, an addition to the City of Southlake, according to the plat thereof recorded in Cabinet A, Slide 4900 of the Plat Records of Tarrant County, Texas; THENCE S 00 12'35" E, with the west line of said Lot, a distance of 274.37 feet, to a railroad rail found for an angle point in said line; THENCE S 00° 30'21" E, with said line, a distance of 124.40 feet, to a 1/2" iron rod found for the southeast corner of Lot 2R2, Block 5, Cornerstone Business Park, an addition to the City of Southlake, according to the plat thereof recorded in Cabinet A, Slide 6339 of the Plat Records of Tarrant County, Texas; THENCE N 73 59'37" W, with the south line of said Lot, a distance of 198.43 feet, to a 1/2" iron rod found for an angle point in said line; THENCE N 85° 3756" W, with said line, a distance of 131.48 feet, to a 1/2" iron rod found for an angle point in said line; THENCE N 71 41'02" W, continuing with said line, a distance of 79.71 feet, to a 1/2" iron rod found for an angle point in said line; THENCE N 41 55'55" W, with said line, a distance of 19.84 feet, to a 1/2" iron rod with cap stamped "JDJR" set for the northwest corner of said Lot 2R2; THENCE S 87° 13'30" W, a distance of 27.37 feet, to a 1/2" iron rod with cap stamped "JDJR " set for corner; THENCE N 54° 00' 02" E, a distance of 37.23 feet, to a 1/2" iron rod with cap stamped "JDJR" set for comer; RECD MAR 31 2003 :zA - og5 Case No. ZA03 -025 Attachment G Page 8 THENCE N 06 50'02" E, a distance of 149.55 feet, to a 112" iron rod with cap stamped "JDJR" found for comer; THENCE N 03 36'53" E, a distance of 13799 feet, to a 1/2" iron rod with cap stamped "JDJR" found for comer; THENCE N 09° 4732" W, a distance of 94.49 feet, to a 1/2" iron rod with cap stamped "JDJR" set in the south right -of way line of Southlake Boulevard; THENCE S 76° 29'50" E, with said right -of -way line, a distance of 241.16 feet, to a Texas DOT Monument found for an angle point in said line; THENCE S 70 47' 12" E, with said right -of -way line, a distance of 9.74 feet, to a Texas DOT Monument found for an angle point in said line; THENCE S 72° 39'22" E, continuing with said right -of -way line, a distance of 128.84 feet, to a PK nail found for the beginning of a non tangent curve to the left, having a radius of 1974.86 feet, a central angle of 00° 5 P 51 ", and a long chord of S 74° 57' 57" E, 29.79 feet; THENCE SOUTHEASTERLY, with said right -of -way curve, an arc distance of 29.79 feet, to the PLACE OF BEGINNING, and containing a calculated area of 159,640 square feet or 3.66 acres of land. Case No. ZA03 -025 Attachment G Page 9 o 0 c N v, i z� b � o ar,amz• R 36599' L = 131 tl0' F.., 1.6152 co = N 00'39'47' t S wa S ® O I 7170-N Hntwuc ` - - - - -- - - - - -- y �N TOS � Tw��c 470 crn o ON = oo'srse' •r91.< C R . 84 i =1490 J]r c9 � � 9V1r➢.NC a SITE DATA TABULATION cm SITE LOCATION MAP i. PnH'xf✓1 TO eE 1W..o [vnw[r[ pnt¢uCtzr o 1pxgxtppF qx[p] (x441- WP[ANOWSMGS) MC SNmH SHAOF9. ]. yy o.W445 91o'M, rwYFAN AwC A'M H 21 FECi H ` �q��,PgAxx9 ]I�,� 9�w„x x1AF°x qAF x . rx (FAFFpx F. 11-P u[ ,sot Ae9 .1 io Icrr. ewer Tw:c9 s -r z rm c s fwWIA §7 i Gi y O wFA9,„F PF4]A - �xw HgNO.FxTxHF.,wxl atl 9 -p- CONCEPT PLAN pF9wrrn9 ups FOR S -P -2 ZONING REOUE51 CORNERSTONE PLAZA m � ".a�� mwei.: =.mm, ai„ �� LOT 3, BLOCK 1 iea..W.°dH.. me7o nm.Mw., CORNERSTONE PLAZA b. �-u : u• " "m m •nmw,ts •••• •�•• �• •R"•• • "•u�c N 3.65 ACRES OUT OF THE THOMAS EASIER SUR Y ABSTRACT NO. 474 4E CITY OF SOUTHLAKE oF•v.opuFxt n[wuaa:.s: TARRANT COUNTY, TEXAS MAY • §I i, • i ° i Iw• i limra aam�a .• iw, 4 OWNER: c " a 2003 APPUCAHT: SCALE : 1 " -50 CASE NO ZA 03 -025 argenag4� wwm.�e�lron. .f zmbu c.tnan.. x•. zee. - LLc • . �.:.r :�.. r,r. -d �. H. ,• .� .�° p� �.� H o =��„o a Anmmua aaw.me. arm,me• enrol w: t•.eae,.e_. ccnrpci. d�� Nn �„ a coxrgn. rxar &rxuau F � jDJRI8BkPR8AN1L9N�TAN6,N9 Gurw NUxx H eMxux t4R Gi y O Cornerstone Plaza Uses and Development Regulations for "S -P -2" Zoning Permitted Uses The site shall permit all "C -3" General Commercial District uses according to Zoning Ordinance No. 480, Section 22, with the exception of the following deleted uses: a) Auditoriums, theaters and cinemas; b) Conventional golf courses, including outdoor driving ranges accessory thereto; c) Lodges, sororities and /or fraternities; d) Mortuaries, funeral homes, and undertakers; e) Retail stores with a primary product line including automotive tires and /or automotive batteries, automotive accessories and service stations; f) Drive - through fast -food establishments. Development Regulations This property shall be subject to the development regulations of the "C -3" General Commercial District, Section 22 of the Zoning Ordinance No. 480, as amended, and all other applicable regulations of the Zoning Ordinance No. 480, as amended, with the following exceptions: a) Maximum impervious coverage required: 77 %; Provided: 78% on a per lot bases, provided the overall site does not exceed 77 %; b) Bufferyards along lot lines internal to the development shall not be required; c) Residential adjacency standards shall not be required. Case No. Attachment G ZA03 -025 Page 11 EXHIBIT "C" City of Southlake CITY COUNCIL MEETING MINUTES June 17, 2003 Motion was made to approve Ordinance No. 480 -386A (ZA03 -025) 1 st Reading, subject to Concept Plan Review Summary No. 3, dated May 30, 2003, and granting the 10% reduction in required number of parking spaces and accepting the applicant's willingness to continue the sidewalk from the Snookie's site to the driveway of this property. Motion: Standerfer Second: Potter Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 7 -0 Case No. Attachment G ZA03 -025 Page 12