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Item 6D (2)
13 S0UTHLA1<.,,.,E CITY OF Department of Planning & Development Services STAFF REPORT April 13, 2011 CASE NO: a :Tom *0 IF EXECUTIVE SUMMARY: SUMMARY OF CHANGES SINCE 1 ST READING: ZA10 -068 Text Amendment to Section 37 "Downtown District" of Zoning Ordinance No. 480, as amended. Cooper & Stebbins (applicant) is requesting approval of a text amendment to Section 37 ( "DT" Downtown District) of Zoning Ordinance No. 480, as amended, creating new definitions for "Garden District" and "Garden District Residences" as well as providing additional development regulations for such development. The following changes have been made to the proposed Section 37 since first reading at City Council on April 5, 2011: • The number of residential units permitted east of Central Avenue has been decreased from 195 units to 185 units (37.5.j). • The maximum height permitted has been changed to 3 stories or 52' (37.6.a) • The minimum unit floor area of 1,500 square feet has been limited to 25% of the total Garden District residences (37.6.h). • The maximum number of Garden District residential units has been changed to 130 units (37.6.j). REQUEST DETAILS: • The visitor parking ratio has been changed to one (1) on- street parking space for every two (2) Garden District residences (37.6.k). • All Garden District buildings shall be designed and built to be compatible with the architecture of the adjacent Brownstones, using similar brick, stone, etc. (37.6.1). Specifically, the definition for "Garden District" would read: The Garden District is an area lying within the Brownstone district of Southlake Town Square and bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). Case No. ZA10 -068 A definition for "Garden District Residence" is also proposed; reading: A Garden District Residence is a dwelling unit in a multiple family dwelling located within the Garden District in which units occupying a portion of the building share common front, rear and side walls. Each unit occupies a single level, unless combined with one or more units above or below. Access is provided by means of a central semi - private elevator and stairs servicing each vertical pair of units. A revised development regulations section is proposed (proposed Section 37.6) to apply regulations to the new proposed definition of "Garden District Residences." See Attachment "B" for the complete revision proposed. Details of the proposed development that is driving this Zoning Ordinance text amendment can be found in the Staff Report for Case ZA10 -069, a Revised Concept Plan request for up to 130 "Garden District Residences" and 10 reconfigured Brownstone lots. HISTORY: January 7, 1997 (ZA96 -145): Original "PUD" Zoning & Concept Plan approved for Southlake Town Square; February 4, 2003 (ZA02 -104); "DT" Downtown District Zoning was approved; April 1, 2003 (ZA03 -013) Specific Use Permit for the Brownstone residential units was approved. ACTION NEEDED: 1) Conduct a public hearing 2) Consider the zoning text amendment request ATTACHMENTS: (A) Vicinity Map (B) Proposed Text Amendment with Changes in Red (C) SPIN Meeting Report (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480 -CCCC (F) Link to Presentation (for Commission and Council Members Only) SPIN: A SPIN meeting was held on December 6, 2010. A report from that meeting is included as Attachment "C" of this report. PLANNING & ZONING COMMISSION: March 24, 2011: Approved (7 -0), subject to the Staff Report dated March 18, 2011. CITY COUNCIL: April 5, 2011: Approved (6 -0), noting the applicant's willingness to address multiple questions and concerns at second reading. STAFF CONTACT: Ken Baker (817)748 -8067 Clayton Comstock (817)748 -8269 STAFF COMMENTS: There is no staff review for this item. The applicant has addressed staff's previous comments in the latest ordinance revision. WCommunity DevelopmentlMEMO12010 Cases1068 - Z- DT Zoning Text Amendment for The Garden Disctrict at Southlake Town SquarelStaff ReportlP &Z 03- 03- 2011.doc Case No. ZA10 -068 Case No. ZA10 -068 Area of "DT S i e ?MhI9ke qtS q u a rf Amendment (ZA10 -068) Area of Revised Concept Plan for "The Garden District at Southlake Town Square" (ZA10 -069) Attachment A Page 1 PROPOSED TEXT AMENDMENT SECTION 37 "DT" DOWNTOWN DISTRICT (As amended by Ordinance No. 480 -SS) (As amended by Ordinance No. 480 -UU) (As amended by Ordinance No. 480 -UUU) (As amended by Ordinance No. 480 -VVV) (As amended by Ordinance No. 480 -CCCC) 37.1 PURPOSE & INTENT The purpose of the Downtown district is to encourage the creation of a pedestrian- oriented, mixed -use urban environment, providing shopping, employment, housing, and business and personal services. Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. The Downtown district is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. It is the intention of this ordinance to include all C -3 uses that were attributed to the Town Square NR -PUD (Ordinance 224) as of the date of adoption of this ordinance. Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the establishment of a `Village Center - west' between S.H 114 and FM 1709, east of Carroll Avenue and west of Kimball Avenue. The appropriate geographic location for the Downtown district shall be limited to the area known as Village Center — west. The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages the development of a mixed -use town center that will create a focal point for the community by way of its geographic location, standards for development and mix of uses and services' and identifies an appropriate location for "Town Center" land use designation. 37.2 SCHEDULE OF USES Uses within the Downtown district shall be in accordance with the following schedule of uses. P= Permitted (Development Standards apply) SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply) A = Permitted as an accessory use (Standards in Section 34 shall apply) PGD = Permitted within the Garden District (Development Standards apply) Land Use Category Use Status Commercial Uses - Retail Sales or Service • Antique shops P • Art galleries, dealers, sales and supplies P • Artists' workshops and studios P Case No. Attachment B ZA10 -068 Page 1 Land Use Category Use Status • Beer, wine, and alcohol sales P o No alcoholic beverage use shall be located within three • hundred (300) feet of a church, public school or public P hospital. Such measurement shall be made in Books, magazines, music, stationery, novelty, variety, etc. accordance with the requirements set forth in Section • 109.33 of the Texas Alcoholic Beverage Code. (As P amended by Ordinance No. 480 -VVV. Clothing, jewelry, luggage, shoes, etc. • Accessory Buildings* (As amended by Ordinance No. 480- SUP VVV.) P * Refer to Section 45.16 for Accessory Building regulations Case No. Attachment B ZA10 -068 Page 2 Land Use Category Use Status Commercial Uses - Retail Sales or Service (contd) • Bicycle sales and service P • Books, magazines, music, stationery, novelty, variety, etc. P • Camera and photographic supplies P • Clothing, jewelry, luggage, shoes, etc. P • Convenience store, no gasoline sales P • Cosmetic and beauty supplies P • Department store P • Electronics, appliances, computer, and software — sales, and service P • Electrical and gas repair and installation services SUP • Farmer's market SUP • Florist P • Fruit and vegetable store P • Furniture or home furnishings P • Grocery store, supermarket, or bakery P • Hardware and home centers, etc. P • Optician and optical store P • Pet and pet supply store P • Pharmacy or drug stores P • Specialty food store P • Sporting goods, toy and hobby, musical instruments P • Tailors and custom apparel makers P • Tobacco or tobacconist establishment P Commercial Uses — Finance, Insurance, and Real Estate • Bank, credit union, or savings institution P • Credit and finance establishment P • Fund, trust, or other financial establishment P • Investment banking, securities, and brokerage P • Insurance related establishment P • Real Estate and Property Management Services P * Refer to Section 45.16 for Accessory Building regulations Case No. Attachment B ZA10 -068 Page 2 Commercial Uses - Business, professional, and technical uses • Accounting, tax, bookkeeping, and payroll services P • Collection agency P • Advertising, media, and photography services P • Animal and pet services, including grooming and training P • Architectural, engineering, and related services P • Offices and administrative services P • Business support services, including photocopying, duplicating, blueprinting, or other copying services P • Consulting services (management, environmental, etc.) P • Employment agency P Land Use Category Use Status Commercial Uses - Business, professional, and technical uses contd. • Facilities support services P • Graphic, industrial, and interior design P • Legal services P • Personal services P • Postal, courier and messenger services P • Research and development services (scientific, technological, etc.) P • Travel arrangement and reservation services P Commercial Uses — Food Service Uses • Bar, or drinking establishment SUP • Cafeteria, delicatessens, or limited service restaurant P • Full- service restaurant (no drive - through facility) with or without outdoor seating P • Snack or nonalcoholic bar P Arts, entertainment, and recreation Uses • Bowling, billiards, pool — indoor only P • Games arcade establishment P • Fitness, recreational sports, gym, or athletic club P • Indoor skating rink P • Miniature golf establishment — indoor only P • Museums and other special purpose recreational institutions P • Outdoor entertainment centers (including ball parks, miniature golf, golf driving ranges, batting cages, carnivals, and similar uses) SUP • Parks, plazas, and playgrounds P • Theater, cinema, dance, or music establishment P Educational, Public Administration, Health care and other Institutional Uses • Ambulatory and outpatient care services, including doctors, dentists, chiropractors, optometrists, etc. P • Business associations and professional membership organizations P • Child day care and preschools P Case No. Attachment B ZA10 -068 Page 3 • CIVIC, SOCIAL, AND FRATERNAL ORGANIZATIONS SUP • FUNERAL HOMES, MORTUARIES, AND SERVICES SUP • HOSPITALS SUP • Information services, including libraries and archives P • Judicial functions - Courts P • NURSING AND OTHER REHABILITATIVE SERVICES P • Public Administration - legislative and executive functions P • Public Safety facilities P • RELIGIOUS INSTITUTIONS P 37.3 DEFINITIONS The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. For terms not defined under this subsection, Section 4, Definitions shall apply. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. * Model homes are limited to a time period until all the homes are sold in the neighborhood. Case No. Attachment B ZA10 -068 Page 4 Land Use Category Use Status Residential Uses • Full service hotels P • Garden District Residences PGD • Home Occupations in designated single - family residential structures A • Live /Work units SUP • Residential Lofts SUP • Single- family residential detached dwelling unit SUP • Single- family residential attached dwelling unit SUP Other Uses • Model homes for sales and promotion* SUP • Parking, surface P • Parking, structured SUP • Sales from kiosks SUP 37.3 DEFINITIONS The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. For terms not defined under this subsection, Section 4, Definitions shall apply. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. * Model homes are limited to a time period until all the homes are sold in the neighborhood. Case No. Attachment B ZA10 -068 Page 4 Cafeteria or limited service restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria -style serving equipment, a refrigerated area, and self- service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Consulting services (management, environmental, planning, design, etc.) These establishments advise and assist businesses and other organizations on management, scientific, and technological issues. This class includes establishments that provide expertise in information technologies; these may design, modify, test, support, or operate hardware and software for clients. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. Not a court niche. Court, closed A closed court is a court surrounded on all sides by the exterior walls of a building; or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche A court niche is not a court, but is an indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Court, open An open court is a court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. Facilities support services These establishments provide operating staff for support services within a client's facilities. They typically provide a combination of services, such as janitorial, maintenance, trash disposal, security, mail reception, and laundry services. They provide operating staff to carry out these support activities, but are not involved with the core activities of the client. Full Service Hotels These establishments shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms or suites on a daily basis, and with: (i) a minimum area of 300 square feet in each guestroom; (ii) (a) a full service restaurant with full kitchen facilities providing service to the general public; or (b) a kitchen on the premises in which meals are prepared by the management; or a concessionaire of the management for room service delivery; (iii) on -site staff required seven (7) days a week, twenty -four (24) hours per day; and (iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms. Full- service restaurant Full- service restaurants provide food services to patrons who order and are served (i.e. Case No. Attachment B ZA10 -068 Page 5 waiter /waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non - theatrical entertainment. Garden District The Garden District is an area lying within the Brownstone district of Southlake Town Square and bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). Garden District Residence A Garden District Residence is a dwelling unit in a multiple family dwelling located within the Garden District in which units occupying a portion of the building share common front, rear and side walls. Each unit occupies a single level, unless combined with one or more units above or below. Access is provided by means of a central semi - private elevator and stairs serving each vertical pair of units. Live -work unit A live -work unit is a dwelling unit that is also used for work purposes, provided that the work component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses. Each individual unit may have commercial space located on the street level. Mixed -Use Building or Structure A mixed -use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live -work or lofts) with retail or office uses at the other levels. Mixed -Use Land Use Mixed -use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Non - Residential Building or Structure A non - residential building or structure is one in which all the floors are designated for office, retail, institutional, or any other commercial use that is not a residential use. Office and administrative services These establishments: a) provide day -to -day office and /or administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; b) hold securities (or other equity interests) of companies in order to own a controlling interest or influence management decisions; c) oversee and administer the establishments of a company often by providing strategic or organizational planning; or d) provide other administrative services. This definition is used only to classify such stand -alone establishments which, although they may be part of larger companies, are separate from the actual goods or services producing facilities. Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc.). Public Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Research and development services (scientific, technological, etc.) Establishments in this category conduct research, or analyze, in the physical, engineering, Case No. Attachment B ZA10 -068 Page 6 cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language, behavior, or economics. Residential Lofts Residential lofts are typically residential units designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Retail sales or service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Many have stores, but some also sell merchandise from non - stores. Establishments in stores operate as fixed point -of -sale locations, which are designed to attract walk -in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after -sales services, such as repair and installation. Single - Family Residential, detached dwelling unit A single - family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Single - Family Residential, attached dwelling unit, A single - family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Snack or nonalcoholic bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Specialty food store Specialty food stores primarily retail specialty food items, such as coffee and tea (i.e., packaged), confectionery products (i.e., packaged), nuts, spices, and gourmet foods. Streetscape Treatments Streetscape treatments shall include all improvements in a R -O -W that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street /pedestrian /wayfinding signs, media boxes, parking meters, utility boxes, seating, public art /water features, bike racks, bollards, information kiosks, etc. 37.4 DEVELOPMENT REGULATIONS FOR NON - RESIDENTIAL AND MIXED -USE BUILDINGS All non - residential and mixed -use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non - residential and mixed -use buildings: a. Building Height: Non - residential and mixed -use buildings shall not be less than twenty feet (20') (including parapet height) in height nor more than fifty -two feet (52') in height; Case No. Attachment B ZA10 -068 Page 7 with the exception of development located along Hwy 114 which shall be no more than 90 feet. The 90 -foot height limitation shall apply to all non - residential and mixed -use buildings within a 1,000 -foot wide strip, parallel to and along the southern edge of Hwy 114 R -O -W. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right -of -way, a maximum building height of fifty -seven (57) feet shall be permitted. 3. Public buildings may be built to four (4) stories or sixty -five (65) feet in height unless they are within 1,000 feet of Hwy 114, in which case they may be built to six (6) stories or ninety (90) feet. 4. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, -and shall be exempt from the maximum elevation limitation of Section 37.4 (a). 5. Mechanical equipment, including, mechanical /elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 37.4 (a) 4 above. b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard setback is required in the Downtown district: Buildings along F.M. 1709 and the east right -of -way of North Carroll Avenue shall maintain a minimum thirty -two (32) foot setback; provided, however, in areas where right -of -way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. No service drives, parking or other impervious surfaces with the exception of sidewalks /trails shall be located in the setback area unless the buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right -of -way of State Highway 114. 3. As to the rest of the Downtown district boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the Downtown district. Case No. Attachment B ZA10 -068 Page 8 C. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100 %. However, the maximum aggregate lot coverage for all buildings as a percentage of the Downtown district as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty -five percent (55 %). d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, as determined by the City Council in connection with development plan or site plan review. e. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by FM 1709 to the south, Fountain Place to the north, Grand Avenue to the east and State Street to the west. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall be constructed prior to the construction of any above - ground structured parking behind such buildings that may be visible from F.M 1709 or North Carroll Ave. g. Building Orientation: Any building (excluding parking garages and accessory buildings) within one hundred fifty (150) feet of a public right -of -way shall either face such right -of- way or shall have a facade facing such right -of -way in keeping with the character of the main facade. h. Design Guidelines The property owner shall provide an exhibit as appropriate with each development /site plan application showing that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right -of -way, provided that i) no projection shall be permitted into a public easement or right -of -way along FM 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non - injurious manner: Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty -six (36) inches beyond the building face or architectural projection. 3. Architectural projections, including bays, towers, and oriels; show windows (1 st floor only); below grace vaults and areaways; and elements of a nature similar to those listed; may project up to forty -eight (48) inches into a required yard or beyond the building face. 4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3) above less than eight (8) feet above the ground elevation may extend more than forty -eight (48) inches into a required yard or beyond the building face. Case No. Attachment B ZA10 -068 Page 9 5. Canopies and /or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb subject to the following during development /site plan approval. If a canopy support is closer than two (2) feet from the back of the curb, there shall (a) be no on- street parking or loading zones along that stretch of canopy; or (b) be parallel parking along the curb; or (c) be angled parking protected by wheel stops preventing vehicular overhang over the curb. Ground - mounted supports, subject to the above standard, may be approved as part of development plan or site plan review, as determined by the City Council. 6. Below -grade footings approved in connection with building permits. Off - Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): On- street as well as off - street parking shall be permitted within the Downtown district. 2. Up to twenty -five percent (25 %) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on- street and shall be limited to off - street parking locations. Compact parking spaces shall not be allocated to any retail or food service uses but could be counted toward meeting the parking requirement for business, professional, and technical uses up to a maximum of twenty -five percent (25 %). Each compact space shall be clearly designated. 3. Required parking shall be located and maintained anywhere within the Downtown district. On- street parking and shared parking anywhere within the Downtown district may be counted toward the off - street parking requirement for the Downtown district. 4. Where on- street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty -five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on- street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 5. When a mixture of office, retail, and other uses are located in the same block or street, parking requirements for such the uses shall be reduced at a rate of ten (10) percent in order to promote shared parking. 6. Cumulative parking tabulations shall be submitted with each site plan and /or development plan. k. Off - Street Loading: With the following exceptions, off - street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: The minimum dimension of loading spaces shall be as follows: 10'x 25' regular size space 10'x 50' large space Case No. Attachment B ZA10 -068 Page 10 2. The calculation of the minimum number of off - street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: Number of spaces: Office Uses or portion of building devoted to office uses: 0 — 49,999 sf 0 spaces 50,000 — 149,999 sf 1 regular space 150,000 — 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size: 0 — 9,999 sf 0 space 10,000 — 49,999 sf* 1 regular space 50,000 — 99,999 sf* 1 regular space and 1 large s ace 100,000 sf and up* 2 large spaces Restaurant Uses with the following Tenant size: 0 — 9,999 sf 0 spaces 10,000 sf and up* 1 regular space *The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. Streets and Sight Triangles: Within the Downtown Zoning district the following street design standards shall apply: Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with FM 1709, Carroll Avenue and State Highway 114 (See figure 37.1). These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right -of -way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right -of -way line. Case No. Attachment B ZA10 -068 Page 11 F.M. 1 709 or S.H 114 Access Road 40' -0" 40` -0 " M Figure 3 7. 1 Sight Triangles 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. 3. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. M. Buffering and Screening —The following standards for buffering and screening shall apply to all non - residential and mixed use buildings in the Downtown district: Parking lot layout, landscaping, buffering, and screening shall minimize direct views of parked vehicles from streets and sidewalks, and avoid spill -over light, glare, noise, or exhaust fumes onto adjacent properties, in particular single - family residential properties. Parking lots exposed to view from abutting single - family residential properties shall be surrounded by a minimum of a 3 -foot high barrier in the form of berms, shrubs, walls, or a combination thereof. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, as well as garbage collection points, should be located at the rear lane, drive or alley. If such uses are visible from any adjacent rights -of way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate height or as proposed and approved in a development /site plan. Trash dumpsters shall have a metal door which shall remain closed at all times. 3. Off - street loading areas shall be adequately screened from view of any adjacent single - family residential use. 4. Outside storage standards in Section 39.5 (Screening and Fencing) shall apply to all areas of primary and ancillary outdoor storage uses in the Downtown district, with the exception of related uses specifically authorized in this section. n. Above Grade Structured Parking — Parking structures shall be permitted in the Downtown district with a Specific Use Permit authorized by City Council. The following Case No. Attachment B ZA10 -068 Page 12 standards shall apply to above grade structured parking facilities: Any visible elevations of any parking structure from adjacent street R -O -Ws shall have a solid parapet wall of not less than forty -six (46) inches and shall utilize colors consistent with the surrounding principle buildings. All parking structures shall be designed in compliance with the Downtown District Design Guidelines, as amended. 2. At least 75 percent of the area occupied along street level fagade of any parking structure that is immediately adjacent to a sidewalk or street right -of -way shall be developed for active office or retail uses. 3. If not abutting a right -of -way, above grade structured parking facilities shall be provided with adequate access from public right(s) -of -way via private drive(s) and /or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures — The following restrictions shall apply to accessory structures of non - residential and mixed use development: With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. park pavilions or bandshells not exceeding fifty -two (52) feet in height 2. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. P. Minimum Width of Enclosed or Partially Enclosed Open Space — In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following requirements for minimum Court widths shall apply: Case No. Attachment B ZA10 -068 Page 13 Minimum widths shall be based on the following schedule: COURT TYPE MINIMUM WIDTH /AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: Min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide q. Interior Landscape Areas & Streetscape Treatments — Specific requirements for interior landscape areas and streetscape treatments shall be proposed by the developer at the time of development plan or site plan review. They shall be reviewed by the City's Landscape Administrator at the time of development plan or site plan review for conformity with the Downtown District Design Guidelines, as amended, to create an attractive, pedestrian - friendly district. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. Irrigation — Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought - tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 37.5 DEVELOPMENT REGULATIONS FOR SINGLE FAMILY (ATTACHED AND DETACHED) RESIDENTIAL USES All single - family (attached and detached) residential development in the Downtown district shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the SUP requirements under Section 45, the following standards shall protect and encourage various types of single - family dwellings within the Downtown district. The minimum standards as set forth below shall apply to all single - family residential uses. a. Height. No principal single - family residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty -two feet (52') in height. Residential accessory buildings shall be a minimum of twelve feet (12') in height and a maximum of twenty -eight feet (28'). The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be fifteen feet (15') except for residential buildings east of Park Ridge Avenue, for which the maximum front yard setback shall be twenty -five feet (25'). C. Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots, where the side yard adjacent to the street may be up to a maximum of fifteen feet (15') and the side yard between residential buildings may be up to Case No. Attachment B ZA10 -068 Page 14 twenty feet (20') for each building; provided, however, if residential dwellings are detached, separation between the units shall meet the minimum required for fire safety. d. Rear Yard. There shall be a rear yard of not less than five feet (5'). e. Maximum Lot Coverage. There shall be no maximum lot coverage. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty -seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty -five (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty -two and one -half feet (225). The minimum lot depth is: (i) seventy -five feet (75') for residences with detached garages; and (ii) fifty feet (50') for residences with attached garages. h. Floor Area. Each single - family dwelling unit shall contain a minimum of two thousand (2,000) square feet of gross floor area (excluding the area of any accessory structures on the same lot). Location. Single- family residential uses in the Downtown district are limited to the area east of Central Avenue. Residential Units Permitted. The number of single - family (attached and detached) units allowed shall be no more than 115 as specified in the Development Plan filed in conjunction with a request for Specific Use Permit for residential development within the Downtown district; provided, however, no more than a total of 185 residential units (single family and Garden District residential units) shall be allowed within the area east of Central Avenue. k. Parking (i) Two (2) off - street parking spaces must be provided for each dwelling unit. (ii) One (1) on- street parking space must be provided for each dwelling unit. Electrical Service. A lot for a single - family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. M. Building Limitations All residential structures (including accessory buildings) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built similar in character to the elevations /drawings submitted with an approved development or site plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80 %) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. The use of stucco or a similar material shall be subject to City Council approval with the review of a site plan submitted with a SUP application. Case No. Attachment B ZA10 -068 Page 15 n. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. o. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Downtown district shall be planned in conjunction with an overall concept and development plan approved by City Council. P. Use Limitations on Residentially Designated Buildings. Once designated for single - family residential uses with City Council approval of an SUP, non - residential uses in single - family structures shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. q. Design Guidelines. All single - family residential development shall meet the standards outlined for single - family residential development in the Downtown District Design Guidelines as amended and adopted by City Council. 37.6 DEVELOPMENT REGULATIONS FOR GARDEN DISTRICT RESIDENTIAL USES The Garden District is intended to provide appropriately scaled buildings within a portion of the land remaining for development within the Brownstones at Town Square which offer an alternative to single - family dwellings. The Garden District shall provide a high degree of pedestrian connectivity from the existing Brownstones and Town Square commercial districts, to increase accessibility and patronage of neighboring Town Square businesses, and to enhance the pedestrian character of Southlake Town Square. All Garden District Residences shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the Site Plan requirements under Section 40, the following standards shall protect and encourage residences within the Garden District. The minimum standards as set forth below shall apply to all Garden District residential buildings. a. Height. No principal Garden District residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty -two feet (52') in height. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback adjacent to a public right -of -way shall be fifteen feet (15'). C. Side Yard. There shall be no side yard requirement. Separation between Garden District buildings shall meet the minimum required for fire safety. d. Rear Yard. There shall be a rear yard of not less than five feet (5). e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a buildable lot shall be three thousand six hundred (3,600) square feet for buildings within the Garden District. g. Lot Dimensions. Each lot shall have a minimum width of sixty feet (60') and a minimum Case No. Attachment B ZA10 -068 Page 16 depth of sixty feet (60'). h. Floor Area. Each Garden District Residence shall contain a minimum of one thousand five hundred (1,500) square feet of gross floor area; provided, however, such minimum sized units shall not exceed 25% of total Garden District Residences. Location. Garden District Residences are limited to the area bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). Residential Units Permitted. Not more than 130 Garden District Residences shall be permitted. k. Parking. (i) Two (2) off - street reserved parking spaces must be provided for each Garden District Residence. (ii) Visitor parking shall be provided at the rate of not less than one (1) on- street parking space for every two (2) Garden District Residences. Building Limitations. 1. All residential structures (including garages) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built to be compatible with the architecture of the adjacent Brownstone residential district, use similar materials (brick, cast stone, etc.), and in keeping with the Downtown District Design Guidelines and the approved Site Plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80 %) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall be limited to those that are similar to materials used in the construction of the Brownstones, such as brick, stone, rock or other masonry materials of equal characteristics. M. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. n. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Garden District shall be planned in conjunction with the overall concept, development plan and /or site plan approved by City Council. o. Use Limitations on Residentially Designated Buildings. Non - residential uses in Garden District residences shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. P. Design Guidelines. All Garden District residential development shall meet the standards outlined for residential development in the Downtown District Design Guidelines as amended and adopted by City Council. Case No. Attachment B ZA10 -068 Page 17 37.7 APPLICATION AND DEVELOPMENT REVIEW PROCESS Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40 (for proposals encompassing less than 100 acres is land area). An application for a rezoning to the Downtown district shall result in a contiguous boundary of the Downtown district of no more than 165 acres and no less than 100 acres within the entire city. The Planning & Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. a) Development Plan An application for rezoning to the Downtown district shall include and be accompanied by a development plan (for proposals less than 100 acres) Changes in the development plan shall be considered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. 2. The Development Plan may, in some cases, be a two -phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recommendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, public buildings, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. For buildings more than one (1) story in height, elevations and /or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. iii. For development projects influenced by, impacting on flood -prone areas, or containing major drainage ways or areas flood -prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. iv. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall meet the standards established for Screening and Case No. Attachment B ZA10 -068 Page 18 Buffering in the Downtown district. v. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and interpretation by the Administrative Official. b. Site Plan All non- residential and mixed use development in the Downtown Zoning district shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development plan for this phase or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. 37.8 ACCESSORY USES In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2, accessory uses authorized under Section 34 of this ordinance may also be permitted use. Standards in Section 34 shall apply to all accessory structures and uses. 37.9 SPECIFIC USE PERMITS In addition to uses and standards listed under this section, specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Specific use permit requests for residential uses in the Downtown district shall be accompanied by development plan amendment applications together with any other information deemed necessary by decision making authorities, including elevations, renderings, and other layouts. Once the development plan has been amended and an SUP granted by City Council to permit residential uses, conversion to any other use shall also be considered as a further change to the approved development plan and shall be reviewed as such. 37.10 SPECIAL EXCEPTION USES Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Case No. Attachment B ZA10 -068 Page 19 SPIN MEETING REPORT CASE NO. Formal application pending PROJECT NAME: Garden District at Southlake Town Square yaIIFZ3 MEETING DATE: December 6, 2010; 7 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3C TOTAL ATTENDANCE: Twenty -three (23) • SPIN REPRESENTATIVE(S) PRESENT: Pattie Minder (# 8), Ron Evans (# 10), Ray Tremain (# 9), and Vic Awtry (# 7) • APPLICANT(S) PRESENTING: Frank Bliss, Cooper & Stebbins • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Dennis Killough, Deputy Director Planning & Development Services, (817)748 -8072; dkillough(a south lake.tx.us W: 11 Roll ] I 11V / =C U1 ►yiI►►� /il W1 Property Situation • The property is described as the residual Brownstone land located on the east side of Central Avenue just north of the existing Brownstones; this piece is approximately 8 acres. 4 US sa go a and WEE ■I�p Development Details • The applicant is proposing a revised concept plan called The Garden District at Southlake Town Square. The goal is to re -start development at the Brownstones, and finish the district in a manner that is additive to the existing Brownstone residents, Southlake Town Square and the Southlake community. The preliminary application that has been filed is based on development of a neighborhood of Brownstone -like 3 -story buildings, in which individual floors are owned under a "stacked flat" design. Two streets have been eliminated, allowing homes to face into a series of Case No. Attachment C ZA10 -068 Page 1 internal private open spaces. Secured parking is provided underground, increasing the amount of open space. Each "pair" of Brownstones is served by a central elevator and stair, allowing direct access to individual flats on each level. The "stacked flat" design will incorporate from 3 to 12 residences per building. Up to 160 "for sale" residences are proposed. Individual flats can be combined either horizontally or vertically, to create larger homes as desired. rte L a r 1 F I L The new buildings will compliment and be compatible with existing Brownstones along Main St. and Summit Ave. The 1 St floor of the buildings are slightly elevated above the adjacent sidewalk, providing privacy to the residents. Elevator and stair foyers are provided along the street front (or in certain cases from the internal private walkways), providing direct, controlled access to building residents and guests. Residents will be able to rise by elevator directly into their own private vestibule and the front door to their home. Two parking spaces will be provided for each residence in gated, private underground parking. Additional guest parking will be provided on street at the ratio of one space for every 3 flats. Building design facilitates well thought out, spacious floor plans and amenities. Residences will include a mix of 1- and 2- bedroom flats, ranging from 1,500 square feet to 3,000 square feet, with an average in the order of 2,000 square feet, consistent with market feedback. Main living areas will face into secluded settings designed around a series of individually landscaped areas with gardens, fountains, pathways, and public art. Pathways will provide connectivity to the downtown commercial areas, and extend Town Square's walking trail system. Private open space is being relocated from Block 19, enhancing landscape opportunities within the District as well as future commercial development potential along SH 114. The grounds will include a club house and central square which will provide a gathering place for residents to meet, entertain and hold other functions. Open space design and functionality is being approached with the goal of adding value to existing Brownstone residences as well as future development. First floor residences will enjoy spacious patios that feature both covered and open air, landscaped areas adjacent to the Garden District's private open space. Second and Third floor residents will enjoy large, walk -out balconies. A 5 -foot landscape bed will run along the front of the buildings at the street, creating a streetscape similar to that of the Brownstones. Energy Star and LEED for Homes and /or similar certifications will be sought for each building. Cooper & Stebbins is also considering seeking a broader certification under the LEED ND or similar programs which could encompass all of Town Square under a "green" downtown designation. • Formal application to the City is anticipated for January 2011. QUESTIONS /CONCERNS • Taking away surface parking; will you have more parking? Case No. Attachment C ZA10 -068 Page 2 o Yes, there is sufficient underground and structure parking planned. • Are you going to use the commercial development along SH 114 as noise abatement? o That development will help, however, the internal environment proposed provides movement and sound that distracts from the outside. • These will be like the Brownstones? o Very similar; they are three -story like the Brownstones, however, each flat is all on one level. • What are the ceiling heights? o Eleven to twelve feet. • How much will these cost per square foot? o They will start at $220 but will depend on customizing; expecting around '/2 million per flat. • Which phase would be first? o Off Central east, then northwest — working east. • What will I see from my Brownstone? o An aesthetically pleasing building with landscaping. • So no windows or decks? o No, they will all be internal. • Are the air conditioners on the roof or ground? o Not sure yet but they will definitely be screened. • Will there be any public parking? o Parking will be available around the perimeter; nothing inside. We do not anticipate any parking issues. Each unit will have 2 spaces allotted in the underground parking area. • Will there be storage space available? o Yes • Are you planning on building a scale model of the project? o If we can get approval of this concept plan and meet appropriate partners. • Will there be a monthly fee? o Yes, a fee will be required for grounds maintenance. • What do you plan to do with the dirt from the underground garage? o Engineering will be done... we may fill some areas and some may be exported. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not betaken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment C ZA10 -068 Page 3 Surrounding Property Owners Southlake Town Square Garden District Residences / Zoning Text Amendment & Revised Concept Plan 7 8 8 1 172 1 2 7 72 170 178 51 52 53 73 5 66 67 32 4 6 5 5 49 50 69 6 6 7 8 33 162 3 8 30 164 163 29 40 38 16 27 3 173 26 36 Q 167 25 24 23 46 34 35 174 1 5 22 19 47 41 45 74 166 8 21 44 78 79 10 E 0 E 2 43 7 76 75 81 82 165 176 15 17 18 3 I t : 13 11 16 4 12 Case No. Attachment D ZA10 -068 Page 1 . : '4q: dJAF 0* �I ' �F' Case No. Attachment D ZA10 -068 Page 1 SPO # Owner Zoning Land Use Acreage Response 1. Southlake, City Of SP1 Town Center 3.73 NR 2. Gateway Church NRPUD Public /Semi - Public 82.01 NR 3. Cambridge 114 Inc SP2 Office Commercial 3.06 NR 4. Cambridge 114 Inc SP2 Office Commercial 5.08 NR 5. Cambridge 114 Inc SP2 Office Commercial, Medium Density Residential 4.29 NR 6. 1575 E Southlake Llc Sp1 Office Commercial 1.44 F 7. Greenway - Carroll Road Prtnrs C3 Town Center 7.09 NR 8. Greenway - Carroll Road Prtnrs C3 Town Center 1.12 NR 9. Slts Land Lp DT Town Center 0.92 NR 10. Greenway - Southlake Office Prtn SP1 Office Commercial 1.99 NR 11. Miron, Gary A& Janice L C2 Office Commercial 0.54 NR 12. Malik, Nalia & Shezad 131 Office Commercial 0.63 NR 13. Jonanna Development Llc SP1 Office Commercial 1.10 NR 14. Bruton, Paul R & Doreen SP2 Office Commercial 1.02 NR 15. Carroll /1709 Ltd SP2 Town Center 8.67 NR 16. Carroll /1709 Ltd SP2 Town Center 7.38 NR 17. Southlake, City Of SP2 Town Center 0.78 NR 18. Carroll /1709 Ltd SP2 Town Center 8.93 NR 19. Town Square Ventures Lp DT Town Center 0.42 F 20. Town Square Ventures Lp DT Town Center 0.38 F 21. Town Square Ventures Lp DT Town Center 4.33 F 22. Town Square Ventures Lp DT Town Center 0.34 F 23. Town Square Ventures Lp DT Town Center 0.67 F 24. Town Square Ventures Lp DT Town Center 0.28 F 25. Town Square Ventures Lp DT Town Center 0.58 F 26. Town Square Ventures Lp DT Town Center 4.08 F 27. Town Square Ventures Lp DT Town Center 0.75 F 28. Slts Grand Avenue II Lp DT Town Center 0.48 NR 29. Slts Grand Avenue II Lp DT Town Center 1.42 NR 30. Slts Grand Avenue II Lp DT Town Center 0.56 NR 31. Slts Grand Avenue II Lp DT Town Center 0.40 NR 32. Slts Grand Avenue II Lp DT Town Center 1.86 NR 33. Southlake, City Of DT Town Center 1.97 NR 34. Town Square Ventures Lp DT Town Center 0.67 F 35. Town Square Ventures Lp DT Town Center 0.48 F 36. Slts Grand Avenue Lp DT Town Center 2.44 NR 37. Slts Grand Avenue Lp DT Town Center 0.58 NR 38. Southlake, City Of DT Town Center 1.37 NR 39. Slts Grand Avenue Lp DT Town Center 0.43 NR 40. Slts Grand Avenue Lp DT Town Center 0.60 NR 41. Town Square Ventures Lp DT Town Center 0.39 F 42. Town Square Ventures Lp DT Town Center 0.38 F 43. Town Square Ventures Lp DT Town Center 0.27 F 44. Town Square Ventures Lp DT Town Center 3.62 F 45. Town Square Ventures Lp DT Town Center 0.33 F 46. Southlake, City Of DT Town Center 0.69 NR 47. Southlake, City Of DT Town Center 0.81 NR Case No. Attachment D ZA10 -068 Page 2 48. Southlake, City Of DT Town Center 0.94 NR 49. Town Square Ventures Lp SP1 Town Center 2.66 F 50. United States Postal Service SP1 Town Center 2.97 NR 51. Southlake, City Of DT Town Center 1.72 NR 52. Southlake, City Of DT Town Center 1.70 NR 53. H & C Southlake Hilton Llc DT Town Center 3.72 NR 54. Slts Grand Avenue Lp DT Town Center 0.26 NR 55. Slts Grand Avenue Lp DT Town Center 0.22 NR 56. Slts Grand Avenue Lp DT Town Center 0.19 NR 57. Slts Grand Avenue Lp DT Town Center 0.24 NR 58. Slts Grand Avenue Lp DT Town Center 0.40 NR 59. Slts Grand Avenue Lp DT Town Center 0.23 NR 60. Southlake, City Of DT Town Center 0.34 NR 61. Slts Grand Avenue Lp DT Town Center 0.25 NR 62. Slts Grand Avenue Lp DT Town Center 0.01 NR 63. Slts Grand Avenue Lp DT Town Center 0.01 NR 64. Slts Grand Avenue Lp DT Town Center 0.01 NR 65. Slts Grand Avenue Lp DT Town Center 0.01 NR 66. Slts Grand Avenue Lp DT Town Center 0.75 NR 67. Slts Grand Avenue Lp DT Town Center 0.51 NR 68. Slts Grand Avenue Lp DT Town Center 0.22 NR 69. Slts Grand Avenue Lp DT Town Center 2.96 NR 70. Slts Grand Avenue Lp DT Town Center 0.20 NR 71. Slts Grand Avenue Lp DT Town Center 0.42 NR 72. Slts Grand Avenue Lp DT Town Center 2.90 NR 73. Slts Grand Avenue Lp DT Town Center 2.55 NR 74. Southlake, City Of DT Town Center 2.07 NR 75. Town Square Ventures Iv Lp DT Town Center 0.47 F 76. Town Square Ventures Iv Lp DT Town Center 0.92 F 77. Town Square Ventures Iv Lp DT Town Center 0.28 F 78. Slts Block 22 Lp DT Town Center 0.40 NR 79. Town Square Ventures Iv Lp DT Town Center 1.66 F 80. Southlake, City Of DT Town Center 0.09 NR 81. Town Square Ventures V Lp DT Town Center 1.10 F 82. Town Square Ventures Lp DT Town Center 2.27 F 83. Early, Fidelma DT Town Center 0.07 NR 84. Farhat, Ashley S DT Town Center 0.06 NR 85. Colvin, John F Etux Brenda R DT Town Center 0.06 U 86. Mills, Michael D Etux Rita DT Town Center 0.06 NR 87. Wang, Tzuchung S & Julia Huang DT Town Center 0.06 NR 88. Lewis, Terry W Etux Debra K DT Town Center 0.06 O 89. Pekowski, Raymond J Etux Linda DT Town Center 0.06 NR 90. Hale, Genevieve Etvir John DT Town Center 0.06 F 91. Kienast, Joseph P Etux Deanna DT Town Center 0.06 F 92. Nelson, Kenneth R & Sharon DT Town Center 0.06 NR 93. Posey, James H DT Town Center 0.06 NR 94. Schirle, Joseph LJr DT Town Center 0.06 NR 95. Vance, Frederick Etux Carol DT Town Center 0.06 NR 96. Talkington, Timothy J DT Town Center 0.06 NR 97. R & K Lehmann Investments DT Town Center 0.06 NR Case No. Attachment D ZA10 -068 Page 3 98. Julia, Thomas Etux Mary Jane DT Town Center 0.06 O 99. Durant, Tom & Susan Durant DT Town Center 0.13 NR 100. Brownstone At Town Square Lp DT Town Center 0.16 NR 101. Brownstone At Town Square Lp DT Town Center 0.07 NR 102. Muns, Ludmilla DT Town Center 0.04 NR 103. Pote, C Edwina DT Town Center 0.04 U 104. Torres, Carlos DT Town Center 0.04 NR 105. Zagar Revocable Trust DT Town Center 0.06 O 106. Visosky, Mark DT Town Center 0.07 NR 107. Winfrey, Jayne A DT Town Center 0.07 NR 108. Chu, Edward DT Town Center 0.07 NR 109. Ryne, Wallace R DT Town Center 0.08 U 110. Francis, Tim D Etux Pamela D DT Town Center 0.09 NR 111. Faulkner, Sandra Potter DT Town Center 0.09 NR 112. Angeluna Properties Llc DT Town Center 0.08 NR 113. Smith, Pete DT Town Center 0.08 NR 114. Fout, April R Etvir George D DT Town Center 0.08 F 115. Osorio, Federico G Etux Paula DT Town Center 0.08 F 116. Martin, John Etux Patricia D DT Town Center 0.08 NR 117. Shetterly, Mark Etux Kathern DT Town Center 0.08 NR 118. Stebbins, Brian R DT Town Center 0.07 NR 119. Teeuws, John DT Town Center 0.07 U 120. Biersmith, Mark A & Sally A DT Town Center 0.07 O 121. Jones, Brent M Etux Dana DT Town Center 0.08 NR 122. Brownstone At Town Square Lp DT Town Center 0.12 NR 123. Arnold, William Etux Joanna DT Town Center 0.08 NR 124. Brownstone At Town Square Lp DT Town Center 0.06 NR 125. Brownstone At Town Square Lp DT Town Center 0.06 NR 126. Brownstone At Town Square Lp DT Town Center 0.06 NR 127. Brownstone At Town Square Lp DT Town Center 0.05 NR 128. Brownstone At Town Square Lp DT Town Center 0.06 NR 129. Brownstone At Town Square Lp DT Town Center 0.06 NR 130. Brownstone At Town Square Lp DT Town Center 0.06 NR 131. Brownstone At Town Square Lp DT Town Center 0.06 NR 132. Brownstone At Town Square Lp DT Town Center 0.06 NR 133. Brownstone At Town Square Lp DT Town Center 0.06 NR 134. Brownstone At Town Square Lp DT Town Center 0.06 NR 135. Brownstone At Town Square Lp DT Town Center 0.65 NR 136. Brownstone At Town Square Lp DT Town Center 0.13 NR 137. Brownstone At Town Square Lp DT Town Center 0.09 NR 138. Brownstone At Town Square Lp DT Town Center 0.08 NR 139. Brownstone At Town Square Lp DT Town Center 0.07 NR 140. Brownstone At Town Square Lp DT Town Center 0.08 NR 141. Brownstone At Town Square Lp DT Town Center 0.06 NR 142. Brownstone At Town Square Lp DT Town Center 0.06 NR 143. Brownstone At Town Square Lp DT Town Center 0.06 NR 144. Brownstone At Town Square Lp DT Town Center 0.06 NR 145. Brownstone At Town Square Lp DT Town Center 0.06 NR 146. Brownstone At Town Square Lp DT Town Center 0.06 NR 147. Brownstone At Town Square Lp DT Town Center 0.06 NR Case No. Attachment D ZA10 -068 Page 4 148. Brownstone At Town Square Lp DT Town Center 0.06 NR 149. Brownstone At Town Square Lp DT Town Center 0.06 NR 150. Brownstone At Town Square Lp DT Town Center 0.06 NR 151. Brownstone At Town Square Lp DT Town Center 0.08 NR 152. Brownstone At Town Square Lp DT Town Center 0.08 NR 153. Pennington, Brent & Harriet P DT Town Center 0.10 NR 154. Fields, Jennifer A DT Town Center 0.06 NR 155. Squires, Jonathan Etux Amy DT Town Center 0.06 NR 156. Coons, Robert & Kathy DT Town Center 0.06 NR 157. Alexander, Stanley Etux Lisa DT Town Center 0.06 NR 158. Ahern, Timothy & Leonor Ahern DT Town Center 0.08 NR 159. Brownstone At Town Square Lp DT Town Center 0.13 NR 160. Brownstone At Town Square Lp DT Town Center 0.10 NR 161. Brownstone At Town Square Lp DT Town Center 0.12 NR 162. Kile, Cindie SF20A Medium Density Residential 0.47 NR 163. Schlitz, Carl Etux Adrianne SF20A Medium Density Residential 0.57 NR 164. Dowdy, Robert Wesley SF20A Medium Density Residential 0.66 NR 165. 7330 Fair Oaks Blvd Prt Etal C3 Town Center 2.36 F 166. Goldfish (De) Lp C3 Town Center 4.66 NR 167. Hd Development Propertiex, Lp C3 Town Center 11.60 NR 168. Slts Land Lp DT Town Center 5.35 NR 169. Brownstone At Town Square Lp DT Town Center 4.31 NR 170. Chesapeake Land Dev Co Llc AG Mixed Use 3.09 NR 171. Slts Grand Avenue Lp DT Town Center 0.27 NR 172. Slts Land Lp DT Town Center 13.48 NR 173. Mendez Ltd AG Medium Density Residential 2.91 NR 174. Struncl<, Juergen F Etux Gisela AG Office Commercial, Medium Density Residential 3.27 NR 175. Struncl<, Juergen F Etux Gisela DT Office Commercial, Medium Density Residential 0.31 NR 176. Prade, C A Jr Etux Anita Est AG Office Commercial, Medium Density Residential 15.42 NR 177. H D Development Properties Lp C3 Town Center 0.20 NR 178. Chesapeake Land Dev Co Llc AG Mixed Use 8.08 NR 179. Chesapeake Land Dev Co Llc AG Mixed Use 1.11 NR 180. Shamrock Pipeline Corp, The C3 Town Center 0.41 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Responses Received: One - Hundred Eighty (180) Seventeen (17) -Attached In Favor - Nine (9) Opposed - Four (4) Undecided - Four (4) 1) Hale, Genevieve EtvirJohn, 1520 Main Street, Southlake, TX; Submitted a notification response form in Favor of this item on February 23, 2011. 2) 1575 E. Southlake Llc (Terry L. Wilkinson), 640 W Southlake Boulevard, Southlake, TX; Submitted a notification response form in Favor of this item on February 24, 2011. Case No. Attachment D ZA10 -068 Page 5 3) Fout, April R. Etvir George D., 1577 Main Street, Southlake, TX; Submitted a notification response form in Favor of this item on February 24, 2011. 4) Kienast, Joseph P. Etux Deanna, 1518 Main Street, Southlake, TX; Submitted a notification response form in Favor of this item on February 24, 2011. 5) ZagarRevocable Trust, 169 SummitAvenue, Southlake, TX; Submitted a notification response form in Opposition of this item on February 24, 2011. 6) Colvin, John F. Etux Brenda R., 1530 Main Street, Southlake, TX; Submitted a notification response form in Undecided About of this item on February 25, 2011. 7) Pote, C. Edwina, 165 Summit Avenue, Southlake, TX; Submitted a notification response form in Undecided About of this item on February 25, 2011. 8) Town Square Ventures Lp (Michelle M. Theisen), P.O. Box 9273, Oak Brook, IL; Submitted a notification response form in Favor of this item on February 25, 2011. 9) Town Square Ventures IV Lp (Karla Chase), P.O. Box 9273, Oak Brook, IL; Submitted a notification response form in Favor of this item on February 25, 2011. 10) Town Square Ventures Lp (Timothy Moorehead), P.O. Box 9273, Oak Brook, IL; Submitted a notification response form in Favor of this item on February 25, 2011. 11) Lewis, Terry W. Etux Debra K., 1524 Main Street, Southlake, TX; Submitted a notification response form and letter in Opposition of this item on February 26, 2011. 12) Julia, Thomas Etux Mary Jane, 1504 Main Street, Southlake, TX; Submitted a notification response form in Opposition of this item on February 28, 2011. 13) Teeuws, John, 1587 Main Street, Southlake, TX; Submitted a notification response form in Undecided About of this item on February 28, 2011. 14) Osorio, Federico G. Etux Paula, 1579 Main Street, Southlake, TX; Submitted a notification response form in Favor of this item on March 2, 2011. 15) Biersmith, Mark A. & Sally A., 1589 Main Street, Southlake, TX; Submitted a notification response form and letter in Opposition of this item on March 3, 2011. Submitted a letter of Opposition of this item on March 11, 2011. 16) Ryne, Wallace R., 177 Summit Avenue, Southlake, TX; Submitted a notification response form in Undecided About of this item on March 3, 2011. 17) 7330 Fair Oaks Blvd Prt, 550 Howe Avenue, Suite 200, Sacramento, CA; Submitted a notification response form in Favor of this item on March 7, 2011. Case No. Attachment D ZA10 -068 Page 6 02/23/2011 10 00 FAX ZA10d168 S ZA10 -060 Hale, Genevieve Etvir John 1520 Main St Southlake Tx, 76092 39618E 21 21 Notification Response Form ? 0911001 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAUD DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby irfi favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: �r A H1ko 7H t-� ---� a c 4 40 At wJ tJ 1AJ - MWAJ --:!�6, �-'4'j 0 U l - F (J r kn: - r� UJAI Signature Additional Signature: Printed Name(s): Must be property owner(a) miosa name(s) are Phone Number (optional) Date; 0( Date: prved st top. aiherwlse Cony CS She PlennlnA Deparlmeni. one form Per property. ZA10 -068 Went D Page 7 Notification Response Form ZA10 -068 & ZA10 -069 1575 E Southlake tic 640 W Southlake Blvd Southlake Tx, 76092 15805 1 2Aa Direct questions and mail responses to: City of Southlake Planning $ Development Services Notification Response 1400 'Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748 -8621 Fax: ($17)748 -8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby In favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Printed Name(s): I -ek Must be property owners) whose names) Phone Number (optional): n printed at top. Otherwise contact the Planning Department- One form per property. Case Fjo. Httacnment D ZA10 -068 Page 8 Additional Signature: Date; Notification Response Form ZA10 -068 & ZA10 -069 Fout, April R Entvir George D 1577 Main St Southlake Tx, 76092 396188 24 14 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748 -8621 Fax: (817)748 -8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHE PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above, Q'n -mro fr%r ,- f%mmnn #c rnnmrr4inri air%iir nncitir�n• ZA10 -068 it D Page 9 Not tion Response Form 'R0 ZA10 -068 & ZA10 -069 � Kienast, Joseph P Etux Deanna 1518 Main St Southlake Tx, 76092 39618B 21 22 questions and mail responses to: City Of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748 -1621 Fax. (817)748 -8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. W r Space for comments regarding your position: A e'. 1 zf p I ff r i • J�J /CIF IJ l Signature: ;O:f Date: / -vr! 1De i< Additional Signature: Date: Printed Names ): Must he property owner(S) whose names] are printed at tap. ()therwise contact the Planning Department. One form per property. Phone NUMber {optional }; ZA10 -068 Attachment D Page 10 Notificon ZA10 -068 & ZA10 -069 Zagar Revocable Trust 169 Summit Ave Southlake Tx, 76092 39618B 24 5 Response Form Direct questions and mail responses to: Clay of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817 - 8621 Fax _ (817)748 -8077 tt� L) �k \1 ld PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of :Op pjet o undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: -7—//�- fl S v RAJ e C U /77 MC' 1-- t el.' ",09C- ( a L0,c<)) ro �e f t- , C7 - r - 6 / Saz rw,� - �rrl�/`_ Lf1rJj/ Signature: / �S .P 2)Y p UK,11 1 6:2�. b &o Date: Additional � .v im re z��yy Date:' Printed Name(s}: Must be property owner whose name(s) are painted at Phone Number (optional ): Ap. Otherwise ntact th nning Department. 11,811m per property, 7# Ise NO. Attachment D ZA10 -068 Page 11 [Original Comments:] The plan fails to include much - needed surface parking. Received FEB a il 2011 p{C3niniFi g w# No unit owner needs less than two permanent spaces, Most need three spaces - a third space for the high school / college student at home. Surface spaces are needed if the parking garages for the project provide only two spaces per unit. Surface parking is critical (even more than for resident over -flow) for delivery trucks, service vehicles, guests, visitors, etc. In my opinion, there needs to be one surface space per unit. Also, do not consider Central Avenue or existing East Garage as solutions. Central Ave. parking is already occupied and no one would choose the East Garage. Summit and Main streets will be clogged with cars and trucks unable to park. KEITH C. ZAGAR 169 SUMMIT AVE. 02/20/2011 Case 195. Attacnment D ZA10 -068 Page 12 Notification Response Form ZA10 -068 & ZA10 -069 Colvin, John F Etux Brenda R 165 Summit Ave— 1 /V ��– Southlake Tx, 76092 39618E 21 16 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Maur St; Ste 310 Southlake, TX 76092 Phone: (817)748 -8621 Fax; (817)74848077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.. Being the owner(s) of the property so noted above, are hereby in favor of opposed to � undecided about , (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: . �7 e17 G Signature: - - ` _ _ . _ Date: 2L _ ,) (v Additional Signature: Date: i' OII Printed Name(s): d Must be property owner(s) whose names) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): 1 7 % '9— `ase No. ZA10 -068 Attachment D Page 13 Vicinity Map Southlake Town Square ■ Area of "DT" Downtown Zoning District Amendment (ZA10 -068) Area of Revised Concept Plan for "The Garden District at Southlake Town Square" (ZA10 -069) 0 500 '1.040 2,000 Feet ase No. ZA10 -068 Attacnment D Page 14 Notification Response Form Pote, C Edwina 165 Summit Ave Sauthiake Tx, 75092 39618E 24 3 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so rioted above, are hereby in favor of opposed to eci4ted about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748 -8621 Fax: (817)748 -8077 Signature:, ` _ - 70 .� Date: 2 ISf Additional Signature ! Date; Printed Name(s) er 4:- cUf /9, Ufa.. Musk be propeq owner(s) whose name are printed at top Othervvrse contact the Planning Department. One form per property. Phone Number (optional); Case No. _ Attachment D ZA10 -068 Page 15 Space for comments regarding your position: 62/25/7811 13.35 8173196773 5OUTHLAKE TOWNSGUARE PAGE 81101 Notification Response Form ZA10 -068 8r ZA10 -089 Town square Ventures Lp PO Box 9273 Oak Brook 11, 60522 39618 10 1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of apposed #a undecided about -�� (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature. Date: t t Additional Signature: Date: �--- -- Printed Name(s): Must be property ownerts) whose naimjs) are printed at lop. Otherwise contact the Planning ❑epaAment. One form per propany. Phone Number (optional). f -- 3 '_. !o ff Case No. Attachment D ZA10 -068 Page 16 02/25/2011 1.3.37 81731110773 SOU71HLAKE TnWN5011ARE PAGE 01 /H1 Notification R esponse Form ZAJQ -N8 & ZAt0.069 Town Square Ventures Iv I 2901 Butterfield Rd Oak Brook II, 66523 39618 22 2 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the awr>er(s} of the property $0 rioted move, are hereby in fawor of opposed to undecided about (circle or underline o ne) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: La �0 Signature: Date: I Additional Signature: Date' Printed Names ): Mu s! be PFOPOMY —Mr(S) whose name(S) are printed at tap. 0lherwfSe ton[ad the Planning Q Qpertrn0ni. One form per propKrly. Phone Number toptional}: r Case No. Attachment D ZA10 -068 Page 17 ©2125/2811 13:38 8173100773 S©UTFLWE TOWNSDUARE PAGE 01/41 Notification response Form ZAID -468 & ZAIG -469 Town Square Ventures V Lp 2901 Butterfield Rd Oak Brook ll, 60523 39618 23 1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. - Being the owner(s) of the property so noted above, are hereby in favor f opposed to undecided about (circle or underline ones., the proposed Zoning Change and Concept Plait referenced above. Space for comments regarding your position: Signature: Date: Additional Signature: Date: Printed Name(s): _ -- 7 1 , A 4_ Must he property owner(s) whose narno(s) are Phone Number (optional): LF12-3-2 7 - 1-� - Ze Case No. Attachment D ZA10 -068 Page 18 Feld 26 2011 10:54RM HP LnSERJE7 3200 817 -456 -3667 Notification Response FdOm ZA1a -068 & ZAIO -069 Lewis, Terry W Etux Debra K 1524 Main St Souih#ake Tx, 76092 396188 21 19 p.l PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START QF THE SCHEDULED P ING. Being the awner(s) of the property so noted above, are hereby in favor of =opposed undecided about (circ or underline one) the proposed Zoning Change and Concept Plan 'referenced above. Space for comments regarding your position: ,I.. Signature: Date. Additional Signature: _. _ Date: Printed Name(s): '- C�k Must he property owner (s) whose nama(s) are printed at top. Otherwise contact the Planning RepaIment. One farm per properly. Phone Number (optional): I Case No. Attachment D ZA10 -068 Page 19 Feb 26 2011 10:54AM HP LR5FRJET 3200 817- 488 -2987 P.2 Terry And Deb Lewis 1524 Main St. Southlake, TX 76092 817- 310 -6397 Asa charter resident of the Brownstone development in Town Square, I am writ ag to express my concerns witlrthe- proposed "Garden District"` by Cooper and Stebbins. This proposal was presentezd to us at a Brownstone Ilome owners Association Moviing on January 12, 2011. The concerns I outI me 6clos+} were expressed to Frank Bliss-ef. Cooper and Stebbins at thatmeeting. Commitment to Timely and Quality Coiastrnetion The first wave of Brownstone owners planned the sale of their homes and movie g schedules based on what we thought was a firm commitment for delivery by Cooper and Stebbins. That data Lyas missed by well over a year. This forced many of us who had sold our Pomes to live in temporary housing wi our furniture in storage for months passed the original date. While construrtiun delays are to be expected, Mis was beyond the pale when date after date was pushed back. We lived in an apamnern for a year and a half b6oaL se of this delay. Once we did move in, the games had just started. We have built over 4 new homes different cities Y ith corporate moves. Again, all new homes have punch lists and issues to correct but the quality of home we promised and paid for was not delivered. The problems that every homeowner went lhruugh here is legendary least aavng ourselves). This is without question the most poorly engineered and constructed home we have evtj owned= -The point being, while, Cooper and Stebbins may he outstanding and premier dcvclopors of conunercial 3roperties, however, when it comes to construction of residential homes they have a ant to learn. Bait and Switch The original master plan for the Brownstone community was a major selling p t for us. We were to be in phase 1 and 2 of what would ultimately be an additional two phases of the same architec re and floor plan concept. This would have no doubt have enhanced not only the aesthetics of where we live but also assured the Ions -twul value of our investment. Now alter four years of delay and living with a vievr of amud h le and a dilapidated fence that will ii Pt even allow us to pull cars into our garages proparly, here comes the " "Ganlerr 1sTrict ". If you have seen the plan for this development, tome, it looks like a very upscale apartm ent complex. UM erground parking, three story buildings and floor plans that range from 1500 -3600 xf ':`Tot only will they 1 Iike are apartment complex but now could very likely turn into rental properties for the owners. 'Phis is happe g now in the current Brownstones and has Created many problems with ranters who are not uw&Wated to- talce. their homes and have no properf sity to obey the property Covenants- In my opinion, with the lower price amts and smallu units this will reduce the value of all of the original Brownstone units. 'While it may be batter t =. ltrokiag at a weed - infested mud hole, the long -term implications on home values hero are msljvr, 'This to tnc is a Classic case of Cooper and Stebbins doing a bait and switch with the current owners. The excuse is that the tnatket has changed and they have said publicly that the market for the current Brownstone design no longer exists. 17id ofthe premier developers in the country truly muss the target market by that much or are they now just playing oft the economics of lower priced units? Whore does that leave us who bought in good fitith7 Aceesa and Alley Truffle The alley that cim - ently runs parallel to Main Street will be a main access point three of the new buildings. This alley, for all practical purposes, is one lane. Today, if two cars meet, one must pill over into a garage access and lei the other car pass, Also while this is posted as a private drive, we have many car s that cut through this-alley that are not residents. Now come* tha "Garden District" plans that will have three new h jdldings. of 6-12 units each adding additional traffic to this alley. This appears to be no issue to the developers. Ho ever, it will be a major issue.to those ores who use this alley every day. Tome there is no excuse for not creRffi g a buffer zone between these properties and having separate access. Again, this is a major change firom what i te were committed to when we bought the property. These are just some of the concerns 1 have about this de Not the least Pfwhich is the possibility that as "dig underground parking this may result in structural damage to our units. Case No. Attachment D ZA10 -068 Page 20 Feb 26 2011 10:5411M HP LASERJET 3200 817 -4B8-3667 p.3 i am fully aware that many here believe that this is batter than nothing, but as yo consider the approval of this *ase also consider the eommitTyrr s thmCoo", arrd Stebbins madaW t2tv orig bnal - Browmtane nwners and Where th is will leave us. My obvious prafefence would be that Oicy build out the cmmn unity like was prnm9sed in llre.uri$inal master plan. If this.i&t.he alternative, m onfy hope is that they are d-tede everyihing•pesaiblerte. ansure the value and integrity of the current Brownstones and Town Square. Thank you for giving my the oppottuni:y to express My opinion on this matter. Sincerely, Terry Lewis Case No. Attachment D ZA10 -068 Page 21 Notification Response Form ZA10 -468 & ZA10 -069 Julia, Thomas Etux Mary Jane 1504 Main St Southlake Tx, 76092 396186 21 29 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Vt 3 �. �dM rra'►^R/t W r�'l -. �j7G1��� '�+'"Cf�'�`!�c t � �� J t_+ r / t.�Jn�l', 1 0 joy r r� - �q Fes'!`[ •af K U_ � � U. tA" r%�V �Ort Yes +t4 A 0. P-r,,P-4Z_ �r noC o VY, r'e f a d xi c -e—, 0QUe.('eP r �"'1� d � � r 5+�+ f n�� ►' � {e� p� � YLR rc7 �r .�ao !"�9c] o�. Signature: Date: Additional Signature: Date: z • 2 - 0 / Printed Name(s): T� omgg 4 nd Ma , 4 J ct r - J�) r� _ Must be property owners) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone plumber (optional): 817- Y88 -� /_5 Case No. Attachment D ZA10 -068 Page 22 Notification Response Form ZA10 -068 S ZA10 -069 Teeuws,John 1587 Main St Southlake Tx, 76092 396188 24 19 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to u about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: 4- � ':�:- 66 5� 1d- crk" ' 1'--� 4 ce vY 7� a r c o f �t T e C- U Signature: Date: Z L?/ { r Additional Signat re: Date: Printed Names` Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Depar Dna form per property. Phone Number (optional): l�] Case No. Attachment D ZA10 -068 Page 23 cr � r �-t S - �t P6 �-C-' t-: 4- � ':�:- 66 5� 1d- crk" ' 1'--� 4 ce vY 7� a r c o f �t T e C- U Signature: Date: Z L?/ { r Additional Signat re: Date: Printed Names` Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Depar Dna form per property. Phone Number (optional): l�] Case No. Attachment D ZA10 -068 Page 23 Notification Response Form ZA10 -068 & ZA10 -068 asorio, Federico G Etux Paula 1579 Main St Southlake Tx, 76092 39618E 24 15 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby f nf vDof opp osed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: W Signature: O Date: Additional Signature: Dater t�- Printed Names ); Must be property owner(s) whose name {s} are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional) Case No. Attachment D ZA10 -068 Page 24 Notification Response Form ZA10 -468 & ZA10 -069 Biersmith, Mark A & Sally A C we& 1589 Main St Southlake Tx, 76092 39618B 24 20 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Wo � - 1) �' U /f c / / A--' m6 C Signature: Date: 3, 3, / 1 Additional Signature: Date: Printed Name(s): ('/< �!- A iew ,� �i L) "�J" - 7) Must he property owner(s) whose name(s) are printed at top. Oth rwise contact the Planning Department. One form p r property. Phase Number {optional }; V�.� /. Case No. Attachment D ZA10 -068 Page 25 From. Mark Blersmlth TO: rfanial ro tex Subject: Next Phase - BrownstonWFlat Date. Friday, March 11, 201112:33:11 PM Daniel, You requested my views on the proposed next development phase of the 13rownstones/Flat project. First, I brought the last new Brownstone. I paid approximately $179 square foot. The developer is suggesting a selling price for the new flats at $250 a square foot or a 40% increase over the price I paid in February, 2010. Reason would dictate the developer is unlikely to acheive this price point in a depressed market. The property would likely not appraise. Thus, dilution seems likely. Second, multiple dwelling units ( "NMU" s) are commonly thought to dilute the values in a neighborhood. The Flats certainly would qualify as a MDU and thus, if tradition holds, likely dilute the Brownstone values. Third, the developer in his presentation shows the interior of the Ritz units in downtown Dal [as as units to mock the Fiats' interiors. It is encouraged that the Southlake City Attorney review all the litigation filed by Ritz depositors or unit owners. It will be fruitful as an independent valuation of a MDU project in a down economy. This author also suggests a review of the TIOUSE and other MDU development projects as part of the evaluation of this project. Fourth, the developer spoke of not building the units until the proposed units have deposits on them. A similar situation occurred at the Ritz. What happened was an environment supporting dilution. If the developer gets 20% down at the time the unit is reserved and the depositor subsequently defaults, the builder need only recover 80 % to get full value. Thus, if the unit was originally sold at time of original deposit at $250 a square foot, the developer need only recover $0% of the $250 or $200 to obtain full value. Such a technique can cause subsequent sales to only be appraised at $200 thereby causing dilution. In this example, the author based on past Brownstone sales believes the original depositor may have to default simply because the Flat property will not appraise at much above his cost of $179. At this historical cost, the purchaser will have to come up with a much higher down payment or forgoe the deposit. Fifth, throughout Dallas, MllUs were discounted up to 30% in attempt to sell the units during this current economic downturn. Sixth, failing to sell the units, caused many developers to rent the unsold units in Dallas c.g. Palamor. Seventh, the survey being used to determine customer demand in this case was developed and taken by the real estate firm likely to sell the units. At the very least, an independent firm should develop and be in charge of the survey. Eighth, the developer is saying the most likely buyer for the Flats is a current homeowner in Case No. Attachment D ZA10 -068 Page 26 Southlake. If true, this homeowner is going to have difficulty selling their current abode and thus may likely default on the purchase of the unit. Such a default would cause a loss of deposit. As you may be aware, a recent Brownstone purchaser recently faced this very issue. Ninth, it is Iikely the economy not the type of unit causing a slowdown in the Brownstone sale. To change to a iVIDU format is likely a failed attempt to impact the economic cycle by changing product types. research may show this attempt clscwhcrc in Dallas has failed. The developer likely needs to wait until the economy turns to optimize her investment. Thus, realistically, to move forward with the build out of the MD[]s in the Town Square increases the likelihood that dilution may occur to the current Brownstone homeowners. Thus, this author as a Brownstone homeowner requests the project to he turned. down. Thank you. Mark Hiersmith Brownstones at Town Square 1589 Main Southlake, TX 76092 cell: 214.929.3141 begin of the skype_highlighting 214.929.3141 end of the skypc highlighting Case No. Attachment D ZA10 -068 Page 27 Mar 03 11 09:06a Wallace Ry ne 0.D- 817 527-0262 P.1 Notification Response Form ZAI4-068 & ZA10-069 1 77 6 u m ni A Av Southlab- Tx- 76PP 39518B 24 9 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVErr' 1- -D PUBLIC HEAR[Nr-L --- ---------- r 41 — - - -- - - = - _,.erty so noted aboy hereby in favor of opposed to ( �ndecided aboc)ut_--' (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: > Signature: - Additional Sianature'. — !Ited Name(s) ... ... —1-- 1-ff.6t U 10 FlOtllflll!� UrPaLUff1CPj, Line Torm per property. --D' -r!optional} 2 Case No. ZA1 0-068 Attachment D Page 28 Mar 03 11 09:06a Wallace Ryne O.D. 817527 -0262 p.2 R { 4J . 1 1liq iY •1P c'� I �a'@P - % 1 �I h` ..J� II 1 i ^_ i Mca«.. _ _ i a !` _ - 1z ILL 1� v Case No. Attachment D ZA10 -068 Page 29 1 � Ad Y ..4 } € ' N::'_�a°" .'i? 5= 3`� - i 1 1 i � t6� ! �r.:i ['�-. . �11...:�' -` i . "fi l • 1 1 / L?'1_,C. �" . t- - 1 �1�1 •� I i" "J "11 -- • "+ 1 .�a�' I 1 l�d - � [ll Fi •�'L�•' 41 .. —_ _ .iLL3F.4� o-s k':. mvfni•ikllpi•� - 1i1 SI i G. - i i:�:N •s�xa=e^i�+.t +.�.i%.»�r -..iv: g . .v ^err. -- '�i s = - •=S "- " �'Y .._ � II R { 4J . 1 1liq iY •1P c'� I �a'@P - % 1 �I h` ..J� II 1 i ^_ i Mca«.. _ _ i a !` _ - 1z ILL 1� v Case No. Attachment D ZA10 -068 Page 29 MAR. 7. 2011 4:22PM RAY STONE INCORP NO. 8343 P. I N Of i c ati o n Rest- 7330 Fair Oaks Blvel 65 0 � owe Aw 54e. 200. S.,r-M-rr6.2A "V L 7 Date: r roper� IQ C.C44-a 4 J�l 00 F, so,,,*�Cke %)VA. Case No. Attachment D ZA1 0-068 Page 30 ORDINANCE NO. 480 -CCCC AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO A NEW RESIDENTIAL DISTRICT (THE GARDEN DISTRICT AT SOUTH LAKE TOWN SQUARE) WITHIN SECTION 37 OF THE "DT" DOWNTOWN DISTRICT; 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 PAMPHLET FORM; 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 Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 37 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: Case No. Attachment F ZA10 -068 Page 1 SECTION 37 "DT" DOWNTOWN DISTRICT (As amended by Ordinance No. 480 -SS) (As amended by Ordinance No. 480 -UU) (As amended by Ordinance No. 480 -UUU) (As amended by Ordinance No. 480 -VVV) (As amended by Ordinance No. 480 -CCCC) 37.1 PURPOSE & INTENT The purpose of the Downtown district is to encourage the creation of a pedestrian - oriented, mixed -use urban environment, providing shopping, employment, housing, and business and personal services. Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. The Downtown district is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. It is the intention of this ordinance to include all C -3 uses that were attributed to the Town Square NR -PUD (Ordinance 224) as of the date of adoption of this ordinance. Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the establishment of a `Village Center - west' between S.H 114 and FM 1709, east of Carroll Avenue and west of Kimball Avenue. The appropriate geographic location for the Downtown district shall be limited to the area known as Village Center — west. The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages the development of a mixed -use town center that will create a focal point for the community by way of its geographic location, standards for development and mix of uses and services' and identifies an appropriate location for "Town Center" land use designation. c Vill PA MIS] :121 Bill 12ti] a M 6y 26"] Uses within the Downtown district shall be in accordance with the following schedule of uses. P= Permitted (Development Standards apply) SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply) A = Permitted as an accessory use (Standards in Section 34 shall apply) PGD = Permitted within the Garden District (Development Standards apply) Land Use Category Use Status Commercial Uses - Retail Sales or Service ■ Antique shops P ■ Art galleries, dealers, sales and supplies P ■ Artists' workshops and studios P Case No. Attachment F ZA10 -068 Page 2 Land Use Category Use Status ■ Beer, wine, and alcohol sales P o No alcoholic beverage use shall be located within three • hundred (300) feet of a church, public school or public P hospital. Such measurement shall be made in Books, magazines, music, stationery, novelty, variety, etc. accordance with the requirements set forth in Section • 109.33 of the Texas Alcoholic Beverage Code. (As P amended by Ordinance No. 480 -VVV. Clothing, jewelry, luggage, shoes, etc. ■ Accessory Buildings* (As amended by Ordinance No. 480- SUP VVV.) P * Refer to Section 45.16 for Accessory Building regulations Case No. Attachment F ZA10 -068 Page 3 Land Use Category Use Status Commercial Uses - Retail Sales or Service (contd.) • Bicycle sales and service P • Books, magazines, music, stationery, novelty, variety, etc. P • Camera and photographic supplies P • Clothing, jewelry, luggage, shoes, etc. P • Convenience store, no gasoline sales P • Cosmetic and beauty supplies P • Department store P • Electronics, appliances, computer, and software — sales, and service P • Electrical and gas repair and installation services SUP • Farmer's market SUP • Florist P • Fruit and vegetable store P • Furniture or home furnishings P • Grocery store, supermarket, or bakery P • Hardware and home centers, etc. P • Optician and optical store P • Pet and pet supply store P • Pharmacy or drug stores P • Specialty food store P • Sporting goods, toy and hobby, musical instruments P • Tailors and custom apparel makers P • Tobacco or tobacconist establishment P Commercial Uses — Finance, Insurance, and Real Estate • Bank, credit union, or savings institution P • Credit and finance establishment P • Fund, trust, or other financial establishment P • Investment banking, securities, and brokerage P • Insurance related establishment P ■ Real Estate and Property Management Services P * Refer to Section 45.16 for Accessory Building regulations Case No. Attachment F ZA10 -068 Page 3 Commercial Uses - Business, professional, and technical uses • Accounting, tax, bookkeeping, and payroll services P • Collection agency P • Advertising, media, and photography services P • Animal and pet services, including grooming and training P • Architectural, engineering, and related services P • Offices and administrative services P • Business support services, including photocopying, duplicating, blueprinting, or other copying services P • Consulting services (management, environmental, etc.) P • Employment agency P Land Use Category Use Status Commercial Uses - Business, professional, and technical uses contd. • Facilities support services P • Graphic, industrial, and interior design P • Legal services P • Personal services P • Postal, courier and messenger services P • Research and development services (scientific, technological, etc.) P ■ Travel arrangement and reservation services P Commercial Uses — Food Service Uses • Bar, or drinking establishment SUP • Cafeteria, delicatessens, or limited service restaurant P • Full- service restaurant (no drive - through facility) with or without outdoor seating P ■ Snack or nonalcoholic bar P Arts, entertainment, and recreation Uses ■ Bowling, billiards, pool — indoor only P ■ Games arcade establishment P ■ Fitness, recreational sports, gym, or athletic club P ■ Indoor skating rink P ■ Miniature golf establishment — indoor only P ■ Museums and other special purpose recreational institutions P ■ Outdoor entertainment centers (including ball parks, miniature golf, golf driving ranges, batting cages, carnivals, and similar uses) SUP ■ Parks, plazas, and playgrounds P ■ Theater, cinema, dance, or music establishment P Educational, Public Administration, Health care and other Institutional Uses ■ Ambulatory and outpatient care services, including doctors, dentists, chiropractors, optometrists, etc. P ■ Business associations and professional membership organizations P Case No. Attachment F ZA10 -068 Page 4 • Child day care and preschools P • CIVIC, SOCIAL, AND FRATERNAL ORGANIZATIONS SUP • FUNERAL HOMES, MORTUARIES, AND SERVICES SUP • HOSPITALS SUP • Information services, including libraries and archives P • Judicial functions - Courts P • NURSING AND OTHER REHABILITATIVE SERVICES P • Public Administration - legislative and executive functions P • Public Safety facilities P • RELIGIOUS INSTITUTIONS P 37.3 DEFINITIONS The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. For terms not defined under this subsection, Section 4, Definitions shall apply. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. * Model homes are limited to a time period until all the homes are sold in the neighborhood. Case No. Attachment F ZA10 -068 Page 5 Land Use Category Use Status Residential Uses • Full service hotels P • Garden District Residences PGD • Home Occupations in designated single - family residential structures A • Live /Work units SUP • Residential Lofts SUP • Single- family residential detached dwelling unit SUP • Single- family residential attached dwelling unit SUP Other Uses • Model homes for sales and promotion* SUP • Parking, surface P • Parking, structured SUP • Sales from kiosks SUP 37.3 DEFINITIONS The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. For terms not defined under this subsection, Section 4, Definitions shall apply. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. * Model homes are limited to a time period until all the homes are sold in the neighborhood. Case No. Attachment F ZA10 -068 Page 5 Case No. Attachment F ZA10 -068 Page 6 Cafeteria or limited service restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria -style serving equipment, a refrigerated area, and self- service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Consulting services (management, environmental, planning, design, etc.) These establishments advise and assist businesses and other organizations on management, scientific, and technological issues. This class includes establishments that provide expertise in information technologies; these may design, modify, test, support, or operate hardware and software for clients. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. Not a court niche. Court, closed A closed court is a court surrounded on all sides by the exterior walls of a building; or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche A court niche is not a court, but is an indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Court, open An open court is a court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. Facilities support services These establishments provide operating staff for support services within a client's facilities. They typically provide a combination of services, such as janitorial, maintenance, trash disposal, security, mail reception, and laundry services. They provide operating staff to carry out these support activities, but are not involved with the core activities of the client. Full Seri Hotels These establishments shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms or suites on a daily basis, and with: (i) a minimum area of 300 square feet in each guestroom; (v) (a) a full service restaurant with full kitchen facilities providing service to the general public; or (b) a kitchen on the premises in which meals are prepared by the management; or a concessionaire of the management for room service delivery; Case No. Attachment F ZA10 -068 Page 7 (vi) on -site staff required seven (7) days a week, twenty -four (24) hours per day; and (vii) a minimum of one thousand (1,000) square feet of meeting or conference rooms. Full- service restaurant Full- service restaurants provide food services to patrons who order and are served (i.e. waiter /waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non - theatrical entertainment. Garden District The Garden District is an area lying within the Brownstone district of Southlake Town Square and bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). Garden District Residence A Garden District Residence is a dwelling unit in a multiple family dwelling located within the Garden District in which units occupying a portion of the building share common front, rear and side walls. Each unit occupies a single level, unless combined with one or more units above or below. Access is provided by means of a central semi - private elevator and stairs serving each vertical pair of units. Live -work unit A live -work unit is a dwelling unit that is also used for work purposes, provided that the work component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses. Each individual unit may have commercial space located on the street level. Mixed -Use Building or Structure A mixed -use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live -work or lofts) with retail or office uses at the other levels. Mixed -Use Land Use Mixed -use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Non - Residential Building or Structure A non - residential building or structure is one in which all the floors are designated for office, retail, institutional, or any other commercial use that is not a residential use. Office and administrative services These establishments: a) provide day -to -day office and /or administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; b) hold securities (or other equity interests) of companies in order to own a controlling interest or influence management decisions; c) oversee and administer the establishments of a company often by providing strategic or organizational planning; or d) provide other administrative services. This definition is used only to classify such stand -alone establishments which, although they may be part of larger companies, are separate from the actual goods or services producing facilities. Case No. Attachment F ZA10 -068 Page 8 Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc.). Public Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Research and development services (scientific, technological, etc.) Establishments in this category conduct research, or analyze, in the physical, engineering, cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language, behavior, or economics. Residential Lofts Residential lofts are typically residential units designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Retail sales or service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Many have stores, but some also sell merchandise from non - stores. Establishments in stores operate as fixed point - of -sale locations, which are designed to attract walk -in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after -sales services, such as repair and installation. Single - Family Residential, detached dwelling unit A single - family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Single - Family Residential, attached dwelling unit, A single - family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Snack or nonalcoholic bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Specialty food store Specialty food stores primarily retail specialty food items, such as coffee and tea (i.e., packaged), confectionery products (i.e., packaged), nuts, spices, and gourmet foods. Case No. Attachment F ZA10 -068 Page 9 Streetscape Treatments Streetscape treatments shall include all improvements in a R -O -W that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street /pedestrian /wayfinding signs, media boxes, parking meters, utility boxes, seating, public art /water features, bike racks, bollards, information kiosks, etc. 37.11 DEVELOPMENT REGULATIONS FOR NON - RESIDENTIAL AND MIXED -USE I01JI4911110Z•"1 All non - residential and mixed -use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non - residential and mixed -use buildings: b. Building Height: Non - residential and mixed -use buildings shall not be less than twenty feet (20') (including parapet height) in height nor more than fifty -two feet (52') in height; with the exception of development located along Hwy 114 which shall be no more than 90 feet. The 90 -foot height limitation shall apply to all non- residential and mixed -use buildings within a 1,000 -foot wide strip, parallel to and along the southern edge of Hwy 114 R -O -W. 6. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. 7. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right -of -way, a maximum building height of fifty -seven (57) feet shall be permitted. 8. Public buildings may be built to four (4) stories or sixty -five (65) feet in height unless they are within 1,000 feet of Hwy 114, in which case they may be built to six (6) stories or ninety (90) feet. 9. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, -and shall be exempt from the maximum elevation limitation of Section 37.4 (a). 10. Mechanical equipment, including, mechanical /elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) they are setback from all exterior walls Case No. Attachment F ZA10 -068 Page 10 a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 37.4 (a) 4 above. e. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard setback is required in the Downtown district: Buildings along F.M. 1709 and the east right -of -way of North Carroll Avenue shall maintain a minimum thirty -two (32) foot setback; provided, however, in areas where right -of -way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. No service drives, parking or other impervious surfaces with the exception of sidewalks /trails shall be located in the setback area unless the buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right -of -way of State Highway 114. 3. As to the rest of the Downtown district boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the Downtown district. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100 %. However, the maximum aggregate lot coverage for all buildings as a percentage of the Downtown district as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty -five percent (55 %). Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, as determined by the City Council in connection with development plan or site plan review. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by FM 1709 to the south, Fountain Place to the north, Grand Avenue to the east and State Street to the west. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall be constructed prior to the construction of any above - ground structured parking behind such buildings that may be visible from F.M 1709 or North Carroll Ave. Case No. Attachment F ZA10 -068 Page 11 Building Orientation: Any building (excluding parking garages and accessory buildings) within one hundred fifty (150) feet of a public right -of -way shall either face such right -of -way or shall have a facade facing such right -of -way in keeping with the character of the main facade. Design Guidelines The property owner shall provide an exhibit as appropriate with each development /site plan application showing that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right -of -way, provided that i) no projection shall be permitted into a public easement or right -of -way along FM 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non - injurious manner: 7. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 8. Roof eaves may project up to thirty -six (36) inches beyond the building face or architectural projection. 9. Architectural projections, including bays, towers, and oriels; show windows (1 st floor only); below grace vaults and areaways; and elements of a nature similar to those listed; may project up to forty -eight (48) inches into a required yard or beyond the building face. 10. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3) above less than eight (8) feet above the ground elevation may extend more than forty -eight (48) inches into a required yard or beyond the building face. 11. Canopies and /or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb subject to the following during development /site plan approval. If a canopy support is closer than two (2) feet from the back of the curb, there shall (a) be no on- street parking or loading zones along that stretch of canopy; or (b) be parallel parking along the curb; or (c) be angled parking protected by wheel stops preventing vehicular overhang over the curb. Ground - mounted supports, subject to the above standard, may be approved as part of development plan or site plan review, as determined by the City Council. 12. Below -grade footings approved in connection with building permits. j. Off - Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such Case No. Attachment F ZA10 -068 Page 12 required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): 7. On- street as well as off - street parking shall be permitted within the Downtown district. 8. Up to twenty -five percent (25 %) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on- street and shall be limited to off - street parking locations. Compact parking spaces shall not be allocated to any retail or food service uses but could be counted toward meeting the parking requirement for business, professional, and technical uses up to a maximum of twenty -five percent (25 %). Each compact space shall be clearly designated. 9. Required parking shall be located and maintained anywhere within the Downtown district. On- street parking and shared parking anywhere within the Downtown district may be counted toward the off - street parking requirement for the Downtown district. 10. Where on- street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty -five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on- street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 11. When a mixture of office, retail, and other uses are located in the same block or street, parking requirements for such the uses shall be reduced at a rate of ten (10) percent in order to promote shared parking. 12. Cumulative parking tabulations shall be submitted with each site plan and /or development plan. Off - Street Loading: With the following exceptions, off - street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: 1. The minimum dimension of loading spaces shall be as follows: 10'x 25' regular size space 10'x 50' large space 2. The calculation of the minimum number of off - street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: Number of spaces: Office Uses or portion of building devoted to office uses: 0 — 49,999 sf 0 spaces 50,000 — 149,999 sf 1 regular space 150,000 — 249,999 sf 2 regular spaces Case No. Attachment F ZA10 -068 Page 13 250,000 sf and up 13 regular spaces Retail Uses with the following Tenant size: 0 — 9,999 sf 0 spaces 10,000 — 49,999 sf* 1 regular space 50,000 — 99,999 sf* 1 regular space and 1 large s ace 100,000 sf and up* 2 large spaces Restaurant Uses with the following Tenant size: 0 — 9,999 sf 0 spaces 10,000 sf and up* 1 regular space *The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. Streets and Sight Triangles: Within the Downtown Zoning district the following street design standards shall apply: 4. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with FM 1709, Carroll Avenue and State Highway 114 (See figure 37.1). These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right -of -way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right -of -way line. Case No. Attachment F ZA10 -068 Page 14 F.M. 1 709 or S.H 114 Access Road 40' -W 40-0 .e Figure 3 7. 1 Sight Triangles 5. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. 6. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. M. Buffering and Screening —The following standards for buffering and screening shall apply to all non - residential and mixed use buildings in the Downtown district: Parking lot layout, landscaping, buffering, and screening shall minimize direct views of parked vehicles from streets and sidewalks, and avoid spill -over light, glare, noise, or exhaust fumes onto adjacent properties, in particular single - family residential properties. Parking lots exposed to view from abutting single - family residential properties shall be surrounded by a minimum of a 3 -foot high barrier in the form of berms, shrubs, walls, or a combination thereof. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, as well as garbage collection points, should be located at the rear lane, drive or alley. If such uses are visible from any adjacent rights -of way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate height or as proposed and approved in a development /site plan. Trash dumpsters shall have a metal door which shall remain closed at all times. 3. Off - street loading areas shall be adequately screened from view of any adjacent single - family residential use. 4. Outside storage standards in Section 39.5 (Screening and Fencing) shall apply to all areas of primary and ancillary outdoor storage uses in the Case No. Attachment F ZA10 -068 Page 15 Downtown district, with the exception of related uses specifically authorized in this section. Above Grade Structured Parking — Parking structures shall be permitted in the Downtown district with a Specific Use Permit authorized by City Council. The following standards shall apply to above grade structured parking facilities: 1. Any visible elevations of any parking structure from adjacent street R-0- Ws shall have a solid parapet wall of not less than forty -six (46) inches and shall utilize colors consistent with the surrounding principle buildings. All parking structures shall be designed in compliance with the Downtown District Design Guidelines, as amended. 2. At least 75 percent of the area occupied along street level fagade of any parking structure that is immediately adjacent to a sidewalk or street right - of -way shall be developed for active office or retail uses. 3. If not abutting a right -of -way, above grade structured parking facilities shall be provided with adequate access from public right(s) -of -way via private drive(s) and /or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures — The following restrictions shall apply to accessory structures of non - residential and mixed use development: With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. park pavilions or bandshells not exceeding fifty -two (52) feet in height 2. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. P. Minimum Width of Enclosed or Partially Enclosed Open Space — In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following requirements for minimum Court widths shall apply: Case No. Attachment F ZA10 -068 Page 16 Minimum widths shall be based on the following schedule: COURT TYPE MINIMUM WIDTH /AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: Min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide Interior Landscape Areas & Streetscape Treatments — Specific requirements for interior landscape areas and streetscape treatments shall be proposed by the developer at the time of development plan or site plan review. They shall be reviewed by the City's Landscape Administrator at the time of development plan or site plan review for conformity with the Downtown District Design Guidelines, as amended, to create an attractive, pedestrian - friendly district. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. Irrigation — Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought - tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 37.12 DEVELOPMENT REGULATIONS FOR SINGLE FAMILY (ATTACHED AND DETACHED) RESIDENTIAL USES All single - family (attached and detached) residential development in the Downtown district shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the SUP requirements under Section 45, the following standards shall protect and encourage various types of single - family dwellings within the Downtown district. The minimum standards as set forth below shall apply to all single - family residential uses. Height. No principal single - family residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty - two feet (52') in height. Residential accessory buildings shall be a minimum of twelve feet (12') in height and a maximum of twenty -eight feet (28'). The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be fifteen feet (15') except for residential buildings east of Park Ridge Avenue, for which the maximum front Case No. Attachment F ZA10 -068 Page 17 yard setback shall be twenty -five feet (25'). Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots, where the side yard adjacent to the street may be up to a maximum of fifteen feet (15') and the side yard between residential buildings may be up to twenty feet (20') for each building; provided, however, if residential dwellings are detached, separation between the units shall meet the minimum required for fire safety. Rear Yard. There shall be a rear yard of not less than five feet (5'). Maximum Lot Coverage. There shall be no maximum lot coverage. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty -seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty -five (1,125) square feet for residences with attached garages. Lot Dimensions. Each lot shall have a minimum width of twenty -two and one - half feet (225). The minimum lot depth is: (i) seventy -five feet (75') for residences with detached garages; and (ii) fifty feet (50') for residences with attached garages. Floor Area. Each single - family dwelling unit shall contain a minimum of two thousand (2,000) square feet of gross floor area (excluding the area of any accessory structures on the same lot). Location. Single- family residential uses in the Downtown district are limited to the area east of Central Avenue. Residential Units Permitted. The number of single - family (attached and detached) units allowed shall be no more than 115 as specified in the Development Plan filed in conjunction with a request for Specific Use Permit for residential development within the Downtown district; provided, however, no more than a total of 185 residential units (single family and Garden District residential units) shall be allowed within the area east of Central Avenue. Parking (i) Two (2) off - street parking spaces must be provided for each dwelling unit. (ii) One (1) on- street parking space must be provided for each dwelling unit. Electrical Service. A lot for a single - family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. Case No. Attachment F ZA10 -068 Page 18 M. Building Limitations All residential structures (including accessory buildings) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built similar in character to the elevations /drawings submitted with an approved development or site plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80 %) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. The use of stucco or a similar material shall be subject to City Council approval with the review of a site plan submitted with a SUP application. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. o. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Downtown district shall be planned in conjunction with an overall concept and development plan approved by City Council. P. Use Limitations on Residentially Designated Buildings. Once designated for single - family residential uses with City Council approval of an SUP, non- residential uses in single - family structures shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. Design Guidelines. All single - family residential development shall meet the standards outlined for single - family residential development in the Downtown District Design Guidelines as amended and adopted by City Council. 37.13 DEVELOPMENT REGULATIONS FOR GARDEN DISTRICT RESIDENTIAL USES The Garden District is intended to provide appropriately scaled buildings within a portion of the land remaining for development within the Brownstones at Town Square which offer an alternative to single - family dwellings. The Garden District shall provide a high degree of pedestrian connectivity from the existing Brownstones and Town Square commercial districts, to increase accessibility and patronage of neighboring Town Square businesses, and to enhance the pedestrian character of Southlake Town Square. All Garden District Residences shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the Site Plan requirements under Section 40, the following standards shall protect and encourage residences within the Garden District. The minimum standards as set forth below shall apply to all Garden District residential buildings. Case No. Attachment F ZA10 -068 Page 19 a. Height. No principal Garden District residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty - two feet (52') in height. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right - of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback adjacent to a public right -of -way shall be fifteen feet (15'). Side Yard. There shall be no side yard requirement. Separation between Garden District buildings shall meet the minimum required for fire safety. r. Rear Yard. There shall be a rear yard of not less than five feet (5'). S. Maximum Lot Coverage. There shall be no maximum lot coverage. t. Lot Area. The minimum area of a buildable lot shall be three thousand six hundred (3,600) square feet for buildings within the Garden District. U. Lot Dimensions. Each lot shall have a minimum width of sixty feet (60') and a minimum depth of sixty feet (60'). V. Floor Area. Each Garden District Residence shall contain a minimum of one thousand five hundred (1,500) square feet of gross floor area; provided, however, such minimum sized units shall not exceed 25% of total Garden District Residences. W. Location. Garden District Residences are limited to the area bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). X. Residential Units Permitted. Not more than 130 Garden District Residences shall be permitted. Y. Parking. (i) Two (2) off - street reserved parking spaces must be provided for each Garden District Residence. (ii) Visitor parking shall be provided at the rate of not less than one (1) on- street parking space for every two (2) Garden District Residences. Z. Building Limitations. 1. All residential structures (including garages) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. Case No. Attachment F ZA10 -068 Page 20 2. All residential structures shall be designed and built to be compatible with the architecture of the adjacent Brownstone residential district, use similar materials (brick, cast stone, etc.), and in keeping with the Downtown District Design Guidelines and the approved Site Plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80 %) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall be limited to those that are similar to materials used in the construction of the Brownstones, such as brick, stone, rock or other masonry materials of equal characteristics. aa. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. bb. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Garden District shall be planned in conjunction with the overall concept, development plan and /or site plan approved by City Council. cc. Use Limitations on Residentially Designated Buildings. Non - residential uses in Garden District residences shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. dd. Design Guidelines. All Garden District residential development shall meet the standards outlined for residential development in the Downtown District Design Guidelines as amended and adopted by City Council. 37.14 APPLICATION AND DEVELOPMENT REVIEW PROCESS Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40 (for proposals encompassing less than 100 acres is land area). An application for a rezoning to the Downtown district shall result in a contiguous boundary of the Downtown district of no more than 165 acres and no less than 100 acres within the entire city. The Planning & Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. b) Development Plan An application for rezoning to the Downtown district shall include and be accompanied by a development plan (for proposals less than 100 acres) Changes in the development plan shall be considered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the Case No. Attachment F ZA10 -068 Page 21 basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. 2. The Development Plan may, in some cases, be a two -phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recommendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, public buildings, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. For buildings more than one (1) story in height, elevations and /or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. iii. For development projects influenced by, impacting on flood -prone areas, or containing major drainage ways or areas flood -prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. iv. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall meet the standards established for Screening and Buffering in the Downtown district. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and interpretation by the Administrative Official. b. Site Plan All non- residential and mixed use development in the Downtown Zoning district shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development plan for this phase or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. Case No. Attachment F ZA10 -068 Page 22 37.15 ACCESSORY USES In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2, accessory uses authorized under Section 34 of this ordinance may also be permitted use. Standards in Section 34 shall apply to all accessory structures and uses. 37.16 SPECIFIC USE PERMITS In addition to uses and standards listed under this section, specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Specific use permit requests for residential uses in the Downtown district shall be accompanied by development plan amendment applications together with any other information deemed necessary by decision making authorities, including elevations, renderings, and other layouts. Once the development plan has been amended and an SUP granted by City Council to permit residential uses, conversion to any other use shall also be considered as a further change to the approved development plan and shall be reviewed as such. 37.17 SPECIAL EXCEPTION USES Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, Case No. Attachment F ZA10 -068 Page 23 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 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 5 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 yard regulations 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 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all Case No. Attachment F ZA10 -068 Page 24 courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Case No. Attachment F ZA10 -068 Page 25 SECTION 8 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 5 of April, 2011 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ... MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA10 -068 Page 26