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Item 7BCity of Southlake Department of Planning STAFF REPORT November 12, 2003 CASE NO ZA03 -064 PROJECT: Dr. Marciano Office Complex REQUEST: On behalf of Dr. Paul Marciano, Blake Architects is requesting approval of a zoning change and site plan. 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 -426 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 -064 BACKGROUND INFORMATION OWNER: Dr. Paul Marciano APPLICANT: Blake Architects PURPOSE: The purpose of this request is to receive approval of a change of zoning and site plan that would allow construction of an approximately 7,500 square foot building for medical office and retail uses. PROPERTY SITUATION: The property is located at 2000 East State Hwy. 114, on the northwest corner of Briarwood Drive and the frontage road for State Highway 114. LEGAL DESCRIPTION: Lot A, Block C, Briarwood Estates, Phase 1 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -2" Local Retail Commercial District REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: -A final plat was approved by the City Council on August 19, 1980. -The "C -2" zoning was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. -A site plan was approved by City Council on May 5, 1998 to allow a 2 -story office building of approximately 12,000 square feet. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends that State Highway 114 have between 300 feet and 500 feet of right-of-way. Adequate right -of -way exists for this roadway. Existinm Area Road Network and Conditions The site proposes to have one (1) access directly onto State Highway 114 and one (1) access onto Briarwood Drive. Briarwood Drive is a local residential street serving multiple single family residential and two - family residential lots. State Highway 114 will be a 6 -lane, restricted access roadway with 3 -lane service roads on either side. It is currently under construction with a scheduled completion date late this year. Case No. Attachment A ZA03 -064 Page 1 May, 2003 traffic counts on S.H. 114 (between Kimball Ave and Carroll Ave): able #1 24hr West Bound (WB) (29,427) East Bound (EB) (26,016) WB Peak A.M. (2,402) 8 — 9 a.m. Peak P.M. (2,569) 4 — 5 p.m. EB Peak A.M. (2,214) 7 — 8 a.m. Peak P.M. (1,918) 1 — 2 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT Medical Office 6,048 219 12 3 6 16 Retail 1,225 50 N/A N/A 1 2 Total 7,273 269 12 3 7 18 *Vehicle Trips Per Day * *The AM /PM times represent the number of vehicle trips generated during the peak travel times on State Highway 114. WATER & SEWER: The site will connect water to an existing 12 -inch water line along the north side of State Highway 114. A 6 -inch water line exists along the east side of Briarwood Drive. The site proposes to connect to an 8 -inch sewer line from the northwest corner. P &Z ACTION: October 23, 2003; Approved (7 -0) subject to Site Plan Review Summary No. 4, dated October 17, 2003; granting variances requested — eliminating the following "C -2" uses: Christmas tree sales; tires, batteries, and other automobile accessory sales. COUNCIL ACTION: November 4, 2003; Approved first reading (7 -0) subject to review, allowing requested variances and prohibiting Christmas tree sales; tires, batteries, and other auto accessory sales and adding an 8 foot screening device along the north property line as required by the Comprehensive Zoning Ordinance No. 480, as amended. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 4, dated November 12, 2003. The applicant is requesting the following variances: • Driveway Prohibited: Commercial, multi - family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. The applicant is requesting a drive on Briarwood Drive. • Required Off - street Parking: The required number of off - street parking spaces is 48 spaces. The applicant is proposing a total of 44 spaces. The City Council shall be limited to granting a variance to no more than ten (10) percent of the required number of off - street parking spaces. The Case No. Attachment A ZA03 -064 Page 2 applicant is requesting the 10 percent reduction in the required number of off - street parking spaces. The applicant is proposing "C -2" Local Retail Commercial District uses and development regulations except as follows: • Covered parking shall be a permitted accessory use and limited to the 10 spaces as shown on the site plan. M \Coimnunity Development \WP - FILES \MEMO \2003cases \03- 064ZSP.doc Case No. ZA03 -064 Attachment A Page 3 Vicinity Map tlI PL n ❑ o E lA. 17® 8AG SWTHL&J4 wvu 1000 0 1000 2000 3000 Feet R E Case No. ZA03 -064 Attachment B Page 1 Dr. Marciano Office Complex U ^' 1, E NLAR G ED PLAN OF GJMPJT caa�pcA.. ==1h _a1i m � SEC TION w FUMPSTER ENGL RE OSIS ese,n 3 J - `✓' I« e � 4 awuwvn� «rz 51TE DATA SUMMARY CHART .wvrtuG xa3lHaM eN � x p}] •cXY (blab Y! ewn•oiC [aiyxp '�G. Y ec ca+o.xe wA.IYaw Frmz Y FxC '�Ww fai4n�l sTt fw�or+Y r�rnnP[ ]]AFA.g srm anoNU w�. xuMw esran AYT rr�l hsY �£xoHY +akXeo IvcaP nMn w cx . epos .w g zss a _ ILgalb9. ..owvmi.awdr -cn ♦Ra R MI ®E H @• K 14eexe an ®e stews a Thhr MOMkhINV sVX06 ELEV ATION OF WMP5TER ENGLQSIJRE d I H F O �t � I l �} } } 1 � 1 } I it l 1 6 l Q } � i I 1 I l - l 4 AEI. �� aEAl11134n p yl €6 4a u1 ,nr PiIIg�1T�II�,yY� �' ��� 6t+I lo.Dw1.49.lnlural wn,su.� � ,E 1 1 npy�l u . w P�Ilf III ,� ■ c � •, °x® – 517E IF N ZAO OR. MARCIANO OFF16C GOMPLEA Sm MrFERYARUS S]MFIARY CHART r sm � iea.rm �� y�.. ♦ � _ VICINITY MAP 6�a r ♦ r rwd: SUMMARY CHART- INTERIOR LANDSCAPE«' Y � __. AQHWIN - UWrdtt B.W� aYlA9 iPT YJVOUl — A6641'y _ �, A 6A FXakr M`+oe IPIS 11Q4 _ i` - e-n) +s Rl ¢ _ - _ IFfo 9pT Sf AA 0.]>I RAR __ F.a t6 dp,%nK aw ie{A pa a]A ere g) 0 � } . SIGN ELE'JAiICN - S a U CC Ni �N 1 6t+I lo.Dw1.49.lnlural wn,su.� � � w 1 �;, 6rwes6na rn+ rrsaa °x® – 517E IF N ZAO OR. MARCIANO OFF16C GOMPLEA Sm 1 iE � I SFr TARFI GOLHT' TEXAS T&CS1 WLM LA %E, 7EXA5 mom] ,cS-lTE PLAN �'TE PLAN CITY PF SOUTNLAKE APPROVEv user —rN— ' A, Blake Architects . x�ud I ��L ans +M FGb A.RA f. NqI d<weLrt MM�C000l dR OR LM�Y!!. en.unfdK CY Rr6' M ll1JKR Y.wmsr_— ry �R �r'r�l&. ]ids PATE oGr. 6 X003 �� III IIII _ § ♦ / Xs r `� "+ice Q 1 �: ntr• S a U CC Ni �N exurA ` J 51 TE PLAN ' °x® – 517E IF N ZAO OR. MARCIANO OFF16C GOMPLEA \' // ERIARW000 bRIVE IDT. A, BI.OGK: G BRIARhOOD ORIUC LOT. A, BLOCK G BRI [STATES PN GETY OP "v01RM.AKE BRrARtYJO.^. ESTATE5 PHASE 1 TARFI GOLHT' TEXAS T&CS1 WLM LA %E, 7EXA5 mom] ,cS-lTE PLAN �'TE PLAN CITY PF SOUTNLAKE APPROVEv user —rN— ' A, Blake Architects . x�ud I ��L ans +M FGb A.RA f. NqI d<weLrt MM�C000l dR OR LM�Y!!. en.unfdK CY Rr6' M ll1JKR Y.wmsr_— ry �R �r'r�l&. ]ids PATE oGr. 6 X003 51IEET I OP 5 S a U CC Ni �N L. N �• �: u a � i�f Ji ��r��u - , �.� ill ��F o� •�� { AG �ft� Io ,9 R ��5. I ` P � � Ih � r�f� FROST ELEVATION #!. } y l ' P O 1 �r L w ZNZS 2 �ts ELEVanoN � I� �C w RE OCT REA ELEVA710N $ L D -O DR MAR4I ANO OFFICE COMPLEX _ BRIAR.H(XV oPoVE _ wT A, 61 -pZK c BRIARW*= ESTATES PVA5E I CJ OF TARRAN COWTY. M 5 16M r BUILDING rzP R MK Wberr. Ns ELEVATIONS 51TE PLAN ' Blake Arahltects lJ LJ nwx ua GI A AKE OF O UTH ROLCP 14F7 91AVF r ernmK a: b k� T W�XCNII tiM/r\'W. � S 9umI�Mt 1f%15 ]5091 4 LEF ELEVATION. Nariwrbn IXw x e��- .en -9n� ru - s. OCT. 6, 2009 n 5HeE:T 2 OF 5 S a U r, �N JALBLAKF. ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 70092 817 -488 -9397 Dr. Marciano Office Complex Proposed Permitted Uses and Development Regulations for "S -P -1" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the - C-2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "G2" Local Retail Commercial District, and all other applicable regulations with the following exceptions: Covered parking shall be a permitted accessory use and limited to the 10 spaces as shown on the site plan. RECD 0 CT 0 6 2003 Case No. ZA03 -064 Attachment C Page 3 IALBLAKiE AR CHITECTS 12(32 S. White Chapel Road 41 Suite A Southlake, Texas 76092 817 -488 -9397 September 15, 2003 Mr. Ben Bryner, Planner Southlake Planning Department 1400 Main Street Southlake, TX 76092 RE: Dr. Marciano Office Complex (Case No. ZA. 03 -064) Dear Mr. Bryner, Per your site plan review notes dated September 15, 2003, commercial driveways shall not be permitted on local streets. I am writing to request a drive variance on Briarwood Drive for fire equipment safety of ingress and egress. I also request a 10% reduction in the required number of parking spaces. We would need this variance only if the shell building space is finished -out as all medical occupancy. Parking as shown would exceed the requirements if professional office occupancy develops. If you should have any questions, please feel free to call. Sincerely, - 641 �) '0 Roger (Skip) Blake Blake Architects Case No. Attachment C ZA03 -064 Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -064 Revised Review No.: Four Date of Review: 11/12/03 Project Name: Site Plan — Dr_ Marciano Office Complex APPLICANT: Dr. Marciano Phone: Fax: ARCHITECT: Blake Architects Skip Blake 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Phone: (817) 488 -9397 Fax: (817) 251 -3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/06/03 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 Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 1 Lighting Y Must comply with Outdoor Lighting Ordinance No. 693 -B Commercial, multi - family, and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. (A variance has been requested.) 2. Provide the required number of parking spaces. (A variance for a 10% reduction in the required number of parking spaces has been requested). 3. An access easement recorded with Tarrant County must be provided for the common access drive prior to issuance of a building permit. 4. Provide an 8 foot screening device meeting the requirements of Ordinance 480, Section 39, as amended, along the north property line. INFORMATIONAL COMMENTS Case No. Attachment D ZA03 -064 Page 1 * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 70% for the "C -2" Zoning District. The percentage of this site is approximately 67 %. * This property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A permit from TxDOT must be obtained prior to any curb cut along S.H. 114. * Please be aware that any change of tenant /owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. Attachment D ZA03 -064 Page 2 Articulation Evaluation No.l Case No. ZA 03-064 jDat e of Eval uat i on: 10/ 17/ 03 El evat i ons f or Dr. Mar ci ano Cf f i ce Co I ex Recei ved: 10/ 06/ 03 Front - facing: South VIAI I ht . 12 Hor i zont al art i cul at i on Vert i cal art i cul at i on Required Pr ovi ded Del t a Cka ? -44 Yes 50% Yes Required Provided Del t a Cka ? Max. wal I I en 9t h 36 20 36 20 -44 Yes M n. art i c. of f se 2 3 2 2 0°/ Yes M n. art i c. I en t 5 9 80 Yes 5 6 20°/ Yes Rear - facing North VII I ht . = 10 Hor i zont al art i cul at i on lVer t i cal art i cul at i on Required Provided Del t a Cka ? Required Pr ovi ded Del t a Cka ? Max. wal I I en 9t h 30 29 -3 Yes 30 29 -3 Yes M n. art i c. of f se 2 2 0°/ Yes 2 2 0°/ Yes M n. art i c. I en t 7 121 71 0 Yes 7 13 86°/ Yes Left - facing: West VMI I ht . d 10 Horizontal art i cul at i on Vert i cal art i cul at i on Required Provided Del t a Cka ? Re ui red Pr ovi ded Del t a Cka ? Max. wal I I en 9t h 30 15 - 50°/ Yes 30 29 -3 Yes M n. art i c. of f s el 2 4 100°/ Yes 2 2 0°/ Yes M n. art i c. I en t 4 12 200°/ Yes 8 13 63°/ Yes Right - facing: East i \ftl I ht . 10 Hor i zont al art i cul at i on Vert i cal art i cul at i on Required Pr ovi ded Del t a Cka ? Required Provided Del t a Cka ? Max. wal I I en t h 30 23 -23 Yes 30 25 - 17°/ Yes M n. art i c. of f se 2 6 200°/ Yes 2 2 0°/ Yes M n. art i c. I en t 6 19 217°/ Yesi 6 20 233°/ Yes Case No. ZA03 -064 Attachment D Page 3 TREE PRESERVATION ANALYSIS (Non - Residential Development) Case: 03 -064 Date of Review: October 22, 2003 Number of Pages: 1 Project Name: Dr. Marciano Office OWNER \ DEVELOPER PREPARED BY: Dr. Paul T. Marciano Blake Architects Phone: (817) 424 -3668 Phone: (817) 488 -9397 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481 -5640 TREE PRESERVATION COMMENTS: 1. The only existing trees are located along the west boundary line of the developing property and on the separated property to the north. All indications show that they should not be affected by the proposed construction. * Non - residential Development: In a non - residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Tree Preservation Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. Attachment D ZA03 -064 Page 4 Surrounding Property Owners ,. / , A-" ' Ple. k Owner Zoning Land Use Designation Acreage 1. Brewer, Jack V `B -1" Office Commercial 4.503 2. Struhs, Tom & E Falconer "MF -1" MDR 1.113 3. Wang Family Partnership Ltd "SF -IN' MDR 2.104 4. Hames, Jesse Etux Carol "MF -1" MDR 1.102 5. Almon, Bonita "C2" Retail Commercial 1.498 6. Dollar Properties Inc "C2" Retail Commercial 1.182 7. Texas, State of 3.119 Case No. ZA03 -064 Attachment E Page I a -4 -.—.j.PnvVt I PKWY EAST Surrounding Property Owner Responses Site Plan — Dr. Marciano's Office Complex NOTICES SENT: Seven (7) RESPONSES: None Case No. ZA03 -064 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -426 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 A, BLOCK C, BRIARWOOD ESTATES, PHASE 1, BEING APPROXIMATELY 1.052 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C -2" Local Retail Commercial Case No. Attachment G ZA03 -064 Page 1 District 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 with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA03 -064 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Soutl 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 A, Block C, Briarwood Estates, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.052 acres, and more fully and completely described in Exhibit "A" from "C -2" Local Retail Commercial District to "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." Case No. Attachment G ZA03 -064 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the 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. 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 Case No. Attachment G ZA03 -064 Page 4 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 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. Case No. ZA03 -064 Attachment G Page 5 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 -064 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -064 Attachment G Page 7 EXHIBIT "A" Being Lot A, Block C, Briarwood Estates, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.052 acres. Case No. ZA03 -064 Attachment G Page 8 C7 C` W 6 30 1 133E+5 �` EGOL '9 17b '31b•d (a0se�sgll'.iw•nuA]5 a L0.� pn• rw�1a g � m. 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WNENA o , 1 as a c 3. � It In n _ � d Itl'Fi107fj1[Itl 1 !8 �I a 194E v a�u.n wilra•+ rnlwwaan,� � tma,do I I I I I I I I I I I�1 �yl ICI I�I lei n � I I I 1 1 I I I I I I rl I I I I � i I � I I I I I I h �' R_.. . emu < _.,, r•Yaw Nr¢ e0umx —� � cae•li� �.avwr+rls saavta3�r�e 8 0 { O T .occur Iw - �uwwv rauarw� aw aaw+o afrwow�au wuasuamu�aa I -_ mmen� �riaf _ a.v xau 3Llf�017M1L�?J315dW41O j0 N611Yn3�3 � 121HH7 .IMVWWrY b'lb't13115 V3iS4wW 0 N0,x 3nO �_Jl e� Nmvsdwna AO NY"Id o av�N3�Y.' �d c � � a V O � I� O y M y O V N 1. ti b ��Ey NJ11yn3Z3 ( �11dmBJ1Y wM»F UNinln+f aob.s MAh'.gC Ya��1 - __ wne®sxau � � k 3dV75ONy� 1101a�1Ni- 12ry1•!^� AaYWWffS - iwwe.wTlMeav— - >_5 Z, fir N9f5 d0 I1V ld . WNENA o , 1 as a c 3. � It In n _ � d Itl'Fi107fj1[Itl 1 !8 �I a 194E v a�u.n wilra•+ rnlwwaan,� � tma,do I I I I I I I I I I I�1 �yl ICI I�I lei n � I I I 1 1 I I I I I I rl I I I I � i I � I I I I I I h �' R_.. . emu < _.,, r•Yaw Nr¢ e0umx —� � cae•li� �.avwr+rls saavta3�r�e 8 0 { O T .occur Iw - �uwwv rauarw� aw aaw+o afrwow�au wuasuamu�aa I -_ mmen� �riaf _ a.v xau 3Llf�017M1L�?J315dW41O j0 N611Yn3�3 � 121HH7 .IMVWWrY b'lb't13115 V3iS4wW 0 N0,x 3nO �_Jl e� Nmvsdwna AO NY"Id o av�N3�Y.' �d c � � a V O � I� O y M y O V N 1&,BLAKF. ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 Dr. Marciano Office Complex Proposed Permitted Uses and Development Regulations for "S -P -1" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "C -2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "C -2 Local Retail Commercial District, and all other applicable regulations with the following exceptions: Covered parking shall be a permitted accessory use and limited to the 10 spaces as shown on the site plan. RECD OU 0 6 2003 Case No. Attachment G ZA03 -064 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -064 Page 11