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Item 7CCity of Southlake Department of Planning STAFF REPORT September 10, 2003 CASE NO ZA03 -034 PROJECT: White Chapel Plaza Office Park REQUEST: On behalf of Terry Horton and Wayne Lee, T.J. Horton Group is requesting approval of a zoning change and site plan for development of an office park. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change and site plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Site Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -424 Full Size Plans (for Commisysion and ('oin01 Membersv Only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -034 BACKGROUND INFORMATION OWNERS: Terry Horton & Wayne Lee APPLICANT: T.J. Horton Group PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan for the development of a small office park. PROPERTY SITUATION: The property is located at 1310 White Chapel Boulevard. LEGAL DESCRIPTION: Lot 13, T.M. Hood No. 706 Addition, being approximately 3.04 acres LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S -P -1" Detailed Site Plan with "O -1" Office District uses including a personal care facility for Alzheimer's patients. REQUESTED ZONING: "S -P -1" Detailed Site Plan with "O -1" Office District uses HISTORY: -City Council approved the zoning and a Site Plan for the Alzheimer's personal care facility on March 3, 1999. -A Plat Showing for the property was approved by the City of Southlake on December 31, 1998. TRANSPORTATION ASSESSMENT: Case No. ZA03 -034 Master Thorou -Mire Plan The Master Thoroughfare Plan recommends N. White Chapel Blvd to be a 5- lane, undivided arterial street with 94' of right -of -way. Adequate right -of- way exists for this roadway. Existin- Area Road Network and Conditions The proposed site will have one (1) access directly onto N. White Chapel Boulevard. A common access stub -out has been provided to the property to the north for future access to Countryside Court. N. White Chapel Boulevard is currently a 2 -lane, undivided roadway. Construction of the ultimate pavement section (5 lanes undivided) is scheduled for the fiscal year 2005/2006. May, 2003 traffic counts on N. White Chapel Blvd (between Highland Ave and S.H. 114 24hr North Bound (NB) (2,099) South Bound (SB) (2,927) NB Peak A.M. (159) 8 — 9 a.m. Peak P.M. (210) 3 — 4 p.m. SB Peak A.M. (255) 7 — 8 a.m. Peak P.M. (344) 5 — 6 p.m. Attachment A Page 1 Traffic Iniptict Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT General Office 27,494 303 38 5 7 34 *Vehicle Trips Per Day "The The AM /PM times represent the estimated number of vehicle trips generated during the peak travel times on N. White Chapel Blvd. WATER & SEWER: A 12" water line currently exists along the west side of N. White Chapel Blvd. An 8" sanitary sewer line exists along the west side of N. White Chapel as well. P &Z ACTION: August 7, 2003; Approved to table (6 -0 -1) at the request of the applicant until the August 21, 2003 Planning & Zoning Commission meeting. August 21, 2003; Approved (6 -0) subject to Revised Site Plan Review Summary No. 4, dated August 21, 2003, allowing the requested variances. P &Z also required the following: Increasing the southern setback to 30'; constructing an 8' masonry wall along the south property line; all buildings constructed with stone or brick masonry; doubling the number of canopy trees along the east bufferyard; and maintaining the existing plants on White Chapel Boulevard for natural screening. COUNCIL ACTION: September 2, 2003; Approved First Reading on Consent (6 -1), subject to Revised Site Plan Review Summary No. 5, dated September 2, 2003. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 6, dated September 10, 2003. Under the "S -P -1" site plan district zoning, the applicant proposes the following: • The setback along the south boundary shall be 30', as shown on the Site Plan. Ordinance 480, Section 43.13h requires a minimum setback of 40' adjacent to residential property. • The maximum impervious coverage shall not exceed 65.1% ofthe total lot area. Ordinance 480, Section 18.5i allows a maximum impervious coverage per lot of 65 %. Previous plans requested a maximum impervious coverage of 67.4 %. A variance to the Driveway Ordinance No. 634, for driveway spacing is requested. The required driveway spacing is 250' between driveway centerlines on an arterial street. The nearest drive to the south is approximately 223' from the proposed driveway. N: \Conununity Development \WP - FILES \MEMO \2003 cases `.03- 034ZSP.doc Case No. Attachment A ZA03 -034 Page 2 Vicinity Map White Chapel Plaza Office Park 1000 0 1000 2000 3000 Feet Qj S Case No. ZA03 -034 E Attachment B Page 1 1 }}yS E9 lit it ItS �i ' 9 $� 5 s 14 s§ee K A 1yyy(I [[ 3 t . oq'i 5I'f' 4i (fit € 7 1 H �E0 &3 6 r i � n i m�A P i asg 3 �v�ti RAC q 3 l3ki] ,rL F t� Fd w e Y 4991C .ri zs - i —a $y 5F r ' � 3 i.,, � I 1➢ € i' 9 3. C3�9w- errs /on6ru =a.°n) rmn x x aaa'c aan uAr nAe N 8 6 .rt V Eli { a n Y �y � �� 8 LL LL Cr e a� T #g s — Y Case No. Attachment C ZA03 -034 Page 1 h". —O —i5 L6 151x3 � 136VH] 3i 1HM HAON 4 . 0. N 0 k; 9 i i 9 1 t S Case No. ZA03 -034 P� {j 7 Gt Fn IY 0 , x� I fn Attachment C Page 2 Xi L 0! t &�6a ega.s fi a a s a NOi8OH 7LN - --' ti C`.1 4ti g� 3 LD 0. N 0 k; 9 i i 9 1 t S Case No. ZA03 -034 P� {j 7 Gt Fn IY 0 , x� I fn Attachment C Page 2 Xi >N 1n0 N d" a? � a s €'e 8 �d €a 3 aks szl NOL' OH L`J36_ -bra CiO V7 ¢ N � y V y L 611 Ott F'L^. Case No. Attachment C ZA03 -034 Page 3 All a Cix� � i* 6 r��i* - 1•p IP Case No. Attachment C ZA03 -034 Page 3 it - - -- X `:hd -. 19 19 as L =0 1N?21 ,)Iql U00 d p. z In Case No. Attachment C ZA03 -034 Page 4 � M N' 4q}N� t M n� Ste- R �M1 Case No. Attachment C ZA03 -034 Page 4 W CHAPEL PLAZA OFFICE PARE; PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS FOR S -P -1 ZONING Permitted Uses This site shall permit all "01" Office District uses according to the Comprehensive Zoning Ordinance No_ 480, Section I8, as amended. Accessory Uses In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Regulations This site shall adhere to the development regulations of Section 18, the "0 -1" Office District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions. + Setbacks along the perimeter site boundary, as shown on the Site Plan. • Maximum Impervious Coverage The maximum impervious coverage shall not exceed sixty -five and 1 /10 percent (65.1 %) of the total lot area. REC'0 S E P 0 8 2003 Case No. ZA03 -034 Attachment C Page 5 LandCon ENGINEERS ! PLANNERS 1 SURVEYORS September 8, 2003 Planning & Zoning Commission City of Southlake 1400 Main Street Southlake, Texas 76092 RE: White Chapel Plaza Office Park ZA03 -034 Dear Commission Members White Chapel Plaza Office Park is a proposed development for professional office spaces. As a part of the Site Plan submittal, proposed and existing driveway locations are to be shown on the plan. Per the City of Southlake Driveway Ordinance No. 634, the required driveway separation is 250 feet for arterial roadways. We respectfully request a variance to the minimum driveway separation for the White Chapel Plaza Office Park Site Plan„ Minimum Driveway Separation (Item 5.0 — Design Criteria 5.1 —Design Standards) Per Ordinance No. 634, the minimum driveway separation along an arterial roadway is 250 feet. The proposed driveway to serve White Chapel Plaza Office Park is located in the center of the property to provide maximum distance to the northern and southern corners along Whites Chapel Road. This will allow adjacent properties to access Whites Chapel Road along their respective frontage and be able to provide the driveway separation of 250 feet when the adjacent properties are developed. Currently, an existing driveway is located 228 feet south of the proposed White Chapel Plaza Office Park driveway location. RECD S E P 0 8 2003 2501 Farkview Dr., Suite 2Cu Fort Wcrth, Texas 76102 Case No. ZA03 -034 ?hone: j817) 335 -5765 raX: (817) 335 -5067 www.LandCon.com Attachment C Page 6 Planning & Zoning Commission City of Southlake September 8, 2003 Page 2 We respectfully request approval of these variances to the Minimum Driveway Separation for the White Chapel Plaza Office Park. We appreciate your consideration and assistance with this project. Sincerely LandCon a division of Hunter Associates Texas, Ltd. E dward AI hil rest s PE + C , Vice President leac G:1 3003- proj12 00 3- 2611eRers�Variance Request R.eviseri 08 -19 -03 cc: 'Trent Horton RECD S E P 0 8 2003 Case No. ZA03 -034 Attachment C Page 7 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -034 Revised Review No.: Six Date of Review: 09/10/03 Project Name: Site Plan — White Chapel Court APPLICANT: The T.S. Horton Group, Inc. ENGINEER: LandCon Trent Horton Ed Childress 700 N. Carroll Ave, Suite 120 Southlake, TX 76092 Phone: (214) 536 -8211 Fax: 2501 Parkview Dr., Suite 200 Fort Worth, TX 76102 Phone: (817) 335 -5065 Fax: (817) 335 -5067 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/05/03 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. General Development Standards Applies Comments Corridor Overlay Regulations N/A N/A Residential Adjacency Y Proposing a 30' south building line Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Proposing a maximum impervious coverage of 65.1 % Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 1 Lighting Y Must Comply With Outdoor Lighting Ordinance No. 639 -B Provide the required driveway spacing between the proposed drive and the nearest existing drive to the south. Driveway spacing for full access drives is required to be 250' from C.L. to C.L. along an arterial street. (A variance is being requested.) 2. Label the height of the retaining wall. INFORMATIONAL COMMENTS * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * An access easement recorded with Tarrant County must be provided for the off -site driveway access easement prior to issuance of a building permit. Case No. Attachment D ZA03 -034 Page 1 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. Case No. ZA03 -034 Attachment D Page 2 Surrounding Property Owners White Chapel Plaza Office Park /cN\ NOD . 5 G\<4- 7 ik'D\-' Case No. Attachment E ZA03 -034 Page 1 Owner Zoning Land Use Acreage 1. Edwin L Cole Ministries 1. SPl 1. Office Commercial 1. 3.97 2. L. Wayne 2. 01 2. Office Commercial 2. 2.30 3. White Chapel Llc 3. AG 3. Retail Commercial 3. 0.44 4. White Chapel Llc 4. C3 4. Retail Commercial 4. 6.63 5. L. Baccus 5. CS 5. Public /Semi - Public 5. 2.83 6. E. Murphy 6. SF1A 6. Med. Density Residential 6. 1.89 7. KC Partners 7. SF1A 7. Med. Density Residential 7. 1.00 8. B. McCoy 8. AG 8. Low Density Residential 8. 1.00 9. M. Wooley 9. AG 9. Low Density Residential 9. 3.50 10. W. Rucker 10. AG 10. Low Density Residential 10. 0.49 11. L. Wayne & T. Horton 11. SPl 11. Office Commercial 11. 2.70 Case No. Attachment E ZA03 -034 Page 1 Surrounding Property Owner Responses White Chapel Plaza Office Park Notices Sent: Ten (10) Responses: One (1) Edgar L. & Janet L. Murphy, 1313 N. White Chapel Blvd, Southlake, TX, opposed. (See attached letter) Case No. ZA03 -034 Attachment F Page 1 Property Owner Response Form Reference: ZA 03 -034 We, Edgar L. Murphy and Janet L. Murphy, being the owners of property within 200 feet, do hereby OPPOSE the proposed site plan of the above referenced property. Please see the attached Rationale for Objection. Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, TX 76092 I?�C'I� � �.► � 7 2003 Case No. ZA03 -034 Attachment F Page 2 Rationale for Objection to Site Plan for 1310 N. White Chapel Boulevard Case ZA03 -034 We are OPPOSED to the proposed site plan for 1310 N. White Chapel Boulevard. We support the plan of developing the land as 0-1 office space. Our objection to the current plan is that there are too many buildings and too much paved area for an area immediately adjacent to residential property. When 0 -1 property is developed adjacent to residential property, it is reasonable to expect that the density of buildings and impervious surfaces be well within zoning restrictions. We object to the density proposed for this one small piece of property. This site is adjacent to single- family residential properties. The proposed five buildings and parking for 103 vehicles plus driveways and sidewalks allows for very little in the way of buffer zones to protect the surrounding homeowners from the noise and traffic this development will bring. We have children and pets living here and the increased traffic will bring inherent danger. The special use zoning and site plan in 2001 to develop an Alzheimer's facility was designed well within the zoning guidelines. We were not in opposition to that plan. It seemed suitable for the property. The current site plan to build five office buildings on roughly two acres places too many buildings and too much activity on too small a parcel. Indeed, there are three variance requests to the zoning restrictions. We object to each of the following variance requests. 1. Reduce setback from forty feet to twenty feet Placing a building within forty feet of residential property is not acceptable. No variances should be granted when considering placement of a commercial building next to a residential property. 2. Increase amount of impervious coverage by adding additional parking spaces to a total of 103 parking spaces Additional parking spaces are required to accommodate the number and size of the buildings proposed. The additional parking creates several problems. Additional concrete beyond 0 -1 zoning specifications reduces open, landscaped areas. Additional parking will lead to additional traffic onto the property. As additional commercial building develops in and around the White Chapel and Highway 114 interchange, thousands of parking spaces will be created. Approving variance requests that exceed zoning restrictions should be approved very deliberately. 3. Reduce the entry lane from seventy -five to fifty feet As people attempt to park in a parking slot that has a very tight turning radius, multiple attempts will be necessary which will create congestion at the entry to the parking lot and back -up traffic on White Chapel. Additionally, it will reduce the amount of buffer landscaping facing a major thoroughfare. 4. Driveway alignment with the former Clariden School The City Planning department is recommending that the driveway to the office park be aligned with the existing driveway for the former Clariden School. While we understand the rationale for driveways to be aligned for traffic safety purposes, there is little reason to believe that when the school property is developed in the future, the existing driveway will remain in its current location. We ask that the driveway in the site plan be moved forty to fifty feet to the North to reduce the impact to existing residences. RECD r- Z003 Case No. Attachment F ZA03 -034 Page 3 Our home is very close to the proposed high- density office park. Such a high - density project will have negative impacts to surrounding residential property. It will reduce the market value of adjacent residences. It will increase traffic and bring the associated risk and noise. Aesthetically, those people living in the area would like to see a project that is proportional to the lot size and has an appealing transition to residences. As proposed, the site plan exceeds concrete surfaced areas and pushes the location of structures closer to neighbors than 0-1 zoning and the residential overlay allows. We would be glad to support two or three buildings and the parking that falls within 0-1 zoning restrictions. The setback on the south and east sides of the property should be at least 40 feet with requirements for berms and landscaping designed to buffer this commercial property from the surrounding residential property. Reducing the number of buildings will require fewer parking spaces, the setback would not have to be reduced, and the patrons will have sufficient time and space to pull into the parking lot without creating a traffic hazard. Instead of crowding more buildings and parking onto property immediately adjacent to residences and exceeding 0-1 maximum zoning limits, we encourage development that is well within 0-1 zoning restrictions. Respectfully, (Edar L. Murphy and Janet L. Murphy 1313 N. White Chapel Blvd Southlake, TX 76092 817 -488 -2884 7 20nn Case No. ZA03 -034 Attachment F Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -424 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 13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN WITH "0-1" OFFICE DISTRICT USES INCLUDING A PERSONAL CARE FACILITY FOR ALZHEIMER'S PATIENTS TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article 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 "S -P -1" Detailed Site Plan with Case No. Attachment G ZA03 -034 Page 1 "O -F Office District uses including a personal care facility for Alzheimer's patients 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, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property Case No. Attachment G ZA03 -034 Page 2 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 Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5 57 1, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres, and more fully and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan with "O -1" Office District uses including a personal care facility for Alzheimer's patients to "S -P -1" Detailed Site Plan District with "O -1" Office District uses as depicted on the approved Site Plan attached hereto and incorporated Case No. Attachment G ZA03 -034 Page 3 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 conunercial 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 -034 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 -034 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. Attachment G ZA03 -034 Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -034 Attachment G Page 7 EXHIBIT "A" Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres. Case No. Attachment G ZA03 -034 Page 8 EXHIBIT `B" C } f e 3tF s � ;!! 15 a3a -� ,� �'ah'1B l3dHH] 3iIWVr HLaON � � � a a � - F ' sl k I s E MF � I a� u ` S 6 _ °•x y � Y�o �� I x3 r. ? r LL 'saigd in'.. g E a ��ah �r a i o o P BSa� a e a ;! 1 p t y LLa� w�a s . § � , � N i'=i7 � A FQ 8 � -� ,� �'ah'1B l3dHH] 3iIWVr HLaON � � � a a � - F ' sl k I s E MF � I a� u ` S 6 _ °•x y � Y�o �� I x3 r. ? r LL 'saigd in'.. g E a ��ah �r a i Case No. ZA03 -034 Attachment G Page 9 ri Case No. ZA03 -034 Attachment G Page 9 WHITE CHAPEL PLAZA OFFICE PARK PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS FOR S -P -1 ZONING Permitted Uses This site shall permit all "O1" Office District uses according to the Comprehensive Zoning Ordinance No. 480, Section IS, as amended. Accessory Uses In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined by ibis ordinance. Develonment Reeulations This site shall adhere to the development regulations of Section 18, the "O -1" Office District, . and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: • Setbacks along the perimeter site boundary, as shown on the Site Plan. • Maximum Impervious Coverage The maximum impervious coverage shall not exceed sixty -five and 1110 percent (65.1 %e) of the total lot area_ RECD S E P 0 8 2043 Case No. Attachment G ZA03 -034 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -034 Page 11