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Item 8ACity of Southlake DeDartment of Planning STAFF REPORT January 18, 2002 CASE NO: ZA01 -121 PROJECT: Proposed Lots 1 and 2, Block A, Cornerstone Plaza REQUEST: Staubach & Cypress Equities on behalf of Par -3 Properties are requesting approval of a rezoning and concept plan. ACTION NEEDED: Consider first reading for rezoning and concept plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) (I) STAFF CONTACT: Tar; Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary Developer's Continents Surrounding Property Owner Map Surrounding Property Owner's Responses Ordinance No. 480 -386 Full Size Plans (1br Connin s�ion and Council Member, � Only) i Brooks (481 -2079) Case No. ZA01 -121 BACKGROUND INFORMATION OWNER: Par -3 Properties APPLICANTS: Staubach & Cypress Equities PURPOSE: The purpose of this plan is to receive approval for approximately 7,000 square feet of restaurant development and 72,000 square feet of retail development. PROPERTY SITUATION: The property is located on the southeast corner of E. Southlake Boulevard (FM 1709) and S. Nolen Drive. LEGAL DESCRIPTION: Tracts 2, 2A1, 2AlA, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park; and a portion of Crooked Lane right -of -way; and being 9.55 acres. LAND USE CATEGORY: Retail Commercial; 75 LDN Airport Overlay Zone CURRENT ZONING: "S -P -2" Generalized Site Plan District Regulations with "C -3" General Commercial District uses. REQUESTED ZONING: "S -P -2" Generalized Site Plan District Regulations with "C -3" General Commercial District uses. HISTORY: An "S -P -2" zoning request and a concept plan with approximately 21,400 square feet of restaurant development and 51,140 square feet of retail space was approved by City Council on March 6, 2001. A Preliminary Plat for this site was approved by City Council on February 20, 2001. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right -of -way and Nolen Drive to be an undivided four (4) lane arterial with 70' of right -of -way. Adequate right -of -way exists for both these roads. Existinz Area Road Network and Conditions The proposed site will have two (2) accesses directly onto E. Southlake Boulevard (F.M. 1709) and two (2) accesses onto S. Nolen Drive. E. Southlake Boulevard is a five lane, undivided thoroughfare with a continuous, two -way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway. Case No. Attachment A ZA01 -121 Page 1 Crooked Lane terminates to the south of this property. There will be no direct access from Cooked Lane to this site. S. Nolen Drive is a newly constructed 4 -lane undivided roadway that runs along the west boundary. In March, 2002, construction of a signal light will begin at the intersection of East Southlake Boulevard and South Nolen Drive. There are no traffic counts for this road at this time. July, 2001 traffic counts on F.M.1709 (between S.H.114 & Kimball Avenue): Table #1 24hr West Bound (WB) (22,828) East Bound (EB) (22,459) WB Peak A.M. (1,356) 11 am- 12am Peak P.M. (2,104) 5 p.m. -6 p.m. EB Peak A.M. (2,077) 7a.m -8a.m Peak P.M. (1,462) 12pm -lpm Traffic Impact Use Sq. Ft. Vtpd* AM -IN AM- OUT PM- IN PM_ OUT Bldg. A- Shopping 42,200 3,914 96 59 355 170 Bldg. B- Shopping 9,860 1,537 40 24 136 65 Bldg. D — Quality Restaurant 7,000 630 6 4 52 35 Bld. E — Shopping 20,000 2,422 61 37 217 104 Total 79,060 8,503 203 124 760 374 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Southlake Boulevard. Southlake Boulevard near Crooked Lane carries approximately 47,000 vehicle trips per day with the peak traffic times occurring between 8:45a.m. and 9:45 a.m. and 5p.m. and 6p.m. The site will generate 79 vehicle trips during the A.M. rush hour and 386 vehicle trips during the P.M. rush hour. However, it should be noted that that a large percentage of the trips generated during the PM peak -hour by this use will be pass by trips. No reduction has been made to account for these trips. MASTER PATHWAYS: According to the Master Pathways Plan, an 8' trail is designated along the north side of Southlake Boulevard and there are no trails designated along S. Nolen Drive. No trails or sidewalks are required with the development of this property. WATER & SEWER: There is an existing 12" water line in the south right -of -way of Southlake Blvd. and an 8" sanitary sewer in the south right -of -way of Southlake Blvd. Case No. ZA01 -121 Attachment A Page 2 DRAINAGE: There is a creek running through this property between Lot 1 and Lot 2. This creek is outside of the 100 -year floodplain. This creek will be contained in a drainage easement to be maintained by the property owner. ESTIMATED IMPACT FEES: * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P &Z ACTION: January 3, 2002; Approved (5 -1) subject to Concept Plan Review No. 3, dated December 28, 2001, specifically granting driveway variances for stacking and spacing and approving permitted use and development regulations as proposed except for articulation relief on the south side of buildings `A' and `A -1' . STAFF COMMENTS: Attached is Concept Plan Review No. 4, dated January 18, 2002. A. Primary Changes to Approved Plan 1. A net increase in commercial retail floor area by approximately 7,000 SF. This is the result in a decrease of restaurant space from approximately 2 1, 000 SF to 7,000 SF and an increase in retail space from 5 1, 000 to 72,000 SF. 2. A 1% increase in the overall permitted impervious coverage from 76% to 77% ( max. increase of ± 4,200 SF) 3. Driveways changes: a. Added Drive "Al" accessing S. Nolen Drive. b. Decreased the stacking on Drive "A" from 75' to 55' (100' required). C. Drive `B" moved 7' west to align with drive across FM1709 and decreased the stacking from 100' to 90'. B. Variances Requested 1. Driveways: Although changes are minor from the approved plan, the degree of the variances granted on the original plan have changed and require a re- approval. The following driveway variances are requested: a. The stacking depth for drive `A' is insufficient. Only 50' is provided, 100' is required. b. The stacking depth for drive 'Al' is insufficient. Only 50' is provided, 100' is required. Case No. Attachment A ZA01 -121 Page 3 Water $44,607.36 (assumes 6 - 2" turbine meters) Wastewater $27,797.76 (assumes 6 - 2" turbine meters) Roadway $62,784.45 (assumes sit down Rest. & Shopping Center) * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P &Z ACTION: January 3, 2002; Approved (5 -1) subject to Concept Plan Review No. 3, dated December 28, 2001, specifically granting driveway variances for stacking and spacing and approving permitted use and development regulations as proposed except for articulation relief on the south side of buildings `A' and `A -1' . STAFF COMMENTS: Attached is Concept Plan Review No. 4, dated January 18, 2002. A. Primary Changes to Approved Plan 1. A net increase in commercial retail floor area by approximately 7,000 SF. This is the result in a decrease of restaurant space from approximately 2 1, 000 SF to 7,000 SF and an increase in retail space from 5 1, 000 to 72,000 SF. 2. A 1% increase in the overall permitted impervious coverage from 76% to 77% ( max. increase of ± 4,200 SF) 3. Driveways changes: a. Added Drive "Al" accessing S. Nolen Drive. b. Decreased the stacking on Drive "A" from 75' to 55' (100' required). C. Drive `B" moved 7' west to align with drive across FM1709 and decreased the stacking from 100' to 90'. B. Variances Requested 1. Driveways: Although changes are minor from the approved plan, the degree of the variances granted on the original plan have changed and require a re- approval. The following driveway variances are requested: a. The stacking depth for drive `A' is insufficient. Only 50' is provided, 100' is required. b. The stacking depth for drive 'Al' is insufficient. Only 50' is provided, 100' is required. Case No. Attachment A ZA01 -121 Page 3 C. The stacking depth for drive B' is insufficient. Only 90' is provided, 100' is required. d. Drive B' is 430' to the intersection of Nolen Drive. The required spacing is 500'. e. The spacing between Drive B' and Drive `C' is 365'. The required spacing is 500'. C. Proposed Uses 1. There are no changes to the uses permitted under the current zoning. Permitted uses are to include all "C -3" district uses with the exception of the following deletions: a. Auditoriums, theaters and cinemas; b. Conventional golf courses, including outdoor driving ranges accessory thereto; C. Lodges, sororities and /or fraternities; d. Mortuaries, funeral homes and undertakers; e. Retail Stores with a primary product lines including automotive tires and /or automotive batteries, automotive accessories (not to delete automotive electronic components) and service stations; f. Drive - through fast -food establishments. D. Development Regulations 1. Development Regulations shall comply with the Comprehensive Zoning Ordinance No. 480, as amended, and the "C -3" zoning district with the following exceptions: a. The impervious coverage required by "C -3" regulations is 75 %. The applicant proposes a maximum for each lot of 78.5 %, provided that the overall impervious coverage does not exceed 77 %. b. Bufferyards: 1) No bufferyard required along lot lines internal to the site. 2) A 5'- type `A' bufferyard along the south property line of Lot 1, instead of a 10' `F -1' bufferyard since residential development is prohibited to the south by the City's Airport Compatible Land Use Ordinance No. 479. C. No screening of the loading area from the south property line. since residential development is prohibited to the south by the City's Airport Compatible Land Use Ordinance No. 479. Case No. Attachment A ZA01 -121 Page 4 N: \Community Development \WP - FILES \MEMO \2001cases \01- 121ZCP.doc Case No. ZA01 -121 Attachment A Page 4 Vicinity Map Cornerstone Plaza NORTHWE57 RISWy EAST 1000 0 1000 2000 3000 Feet M S Case No. ZA 01 -121 E Attachment B Page 1 o � ~z � N • ~ sou 1 7 Lj ...�_,.o... I�� � /,� /U� y �, fie/ �' %� /'✓ i _ _ 1�A _ � � �� j I � g � Imo. 7, c7 � - / / '/ P9�sry • Y (� C::: 1 e woso a cmlc 1 laff r _ - - e a CONCEPT PLAN FOR S -P -2 ZONING REQUEST raeu�,+�.cn LOTS 1 & 2, BLOCK A WM CORNERSTONE PLAZA 9.55 ACRES OUT OF THE THOMAS EAS -ER , SL'R`✓EY, ABSTRACT NO. a CITY OF S(MHILAKE, TEXAS - TARRANT COUNTY, TEXAS JANUARY 15, 2002 _ - -� c ors =s �w;�.; SCALE 1 " =50' \ um•.n.,c .xsw.m. , :..v sultlng myneas A m a RECD _ 5 20 i m 1� 1� n ~ \ 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01 -121 Review No.: Four Date of Review: 01/18/02 Project Name: Revised Concept Plan — Cornerstone Plaza APPLICANT: Staubauch 15601 Dallas Prkwy #400 Addison_ TX 75001 Phone: (972) 361 -5026 Fax: (972 -361 -5909 Attn: Jorge Ramirez ENGINEER: Brockette, Davis and Drake 4144 North Central Expressway, Suite 1100 Dallas, TX 75204 Phone: (214) 824 -3647 Fax: (214) 824 -7064 Attn: Jim Riley CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/15/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481 -2079. The following comments are in regards to driveways: a. The stacking depth for drive `A' is insufficient. Only 50' is provided, 100' is required. b. The stacking depth for drive 'Al' is insufficient. Only 50' is provided, 100' is required. C. The stacking depth for drive B' is insufficient. Only 90' is provided, 100' is required. d. Drive B' is 430' to the intersection of Nolen Drive. The required spacing is 500'. e. The spacing between Drive `B' and Drive `C' is 365'. The required spacing is 500'. The applicant is requesting a variance to these requirements. 2. Correct the permitted uses on the face of the plan to match the current uses as intended. Informational Comments: The applicant requests approval of the uses and regulations as notted in the staff comments of the city staff report and the attached ordinance. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This review is based on the "C -3" Zoning District Regulations. Case No. ZA 01 -121 Attachment D Page 1 * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480 -CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as amended. • Spill-over lighting and noise per §43.131 and §43.13j, Ordinance 480, as amended. • Off - street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Jim Riley, Brockette, Davis and Drake Jorge Ramirez, Staubach Max Krugler, Par -3 Properties, Inc. Bob Mooney, Carter & Burgess VIA FAX: ABOVE VIA FAX: ABOVE VIA FAX: 817 - 416 -0024 VIA FAX: 817 - 222 -8550 L: \COMDEV\WP- FILES \REV\ #CPLAN -1. WPD Case No. ZA 01 -121 Attachment D Page 2 Civil & Structural Engineering* Surveying 4144 North Central Expressway, Suite 1100 Dallas, Texas 75204 Phone: (214) 824 -3647 Civil /Survey Fax: (214) 824 -7064 Memo Date: To: From: Re: January 17, 2002 Tara Brooks - City of Southlake Fax: 817 - 481 -2097 Email: tbrooks(cDcity ofsouthlake.com Jim Riley Cornerstone Plaza Case No. ZA01 -121 BDD Project No. C01356 The following variances for drawings will be requested for the above referenced project: DRIVE STACKING Drive "A" Required 100; Provided 50; Previously approved 75' a) There is an effective staking depth of 120' for exiting vehicles. The 55' is measured from the entering side of the drive and the first right turn. Drive "A1" Required 100; Provided 50; new drive a) This drive is primarily for service. Drive "B" Required 100; Provided 90; Previously no request for variance. a) The stacking depth is shown measured approximately 20' from the existing roadway edge of FM 1709. DRIVE SPACING Case No. ZA 01 -121 Drive "B" Required 500; Provided 430; Previously approved 439' a) This drive aligns with a proposed drive on the north side of FM 1709. b) An existing drainage structure is in place east of the drive. Drive "C" Required 500; Provided 365; Previously approved 354' a) This drive aligns with an existing drive located on the north side of FM 1709. Attachment E Page 1 The following Development Regulations will be requested for the above - referenced project: Impervious Cover Will request the following: a) Maximum impervious coverage required 77 %, Provided: 78% on a per lot basis, provided the overall site does not exceed 77 %. b) With the excess R.O.W. along FM 1709, the total impervious coverage will be 73.6 %. Bufferyard 1. Variance request for the south property. In lieu of the "I'1 " bufferyard an "A" bufferyard will be requested. The area south of the site lies within the DFW Noise Corridor. The L. U. D. of Low Density Residential is not allowed within the corridor. Screening along the south side 1. Since residential is not allowed south of the site we request the 8' fence requirements be waived. Screening of loading dock 1. The east side of the dock will have a 60' long screen wall. Case No. ZA 01 -121 Attachment E Page 2 Surrounding Property Owners Cornerstone Plaza Lots 1 & 2, Block A 15 14 13��� 12 11 y KI 14 9 l lSINESS Owner Zoning 1. Wyndham Properties 1. SP -2 2. Wyndham Properties 2. SP -2 3. D. Perry 3. SP -2 4. Wyndham Properties 4. SP -2 5. State of Texas 5 SP -2 6. Wyndham Properties 6. SP -2 7. State of Texas 7. SP -2 8. Coppell DTR Cntr, 8. SP -2 LP 9. Shurgard /Fremont 9. SP -2 Partners H 10. Southlake Conerstone 10 I -1 11. Southlake 11. 0-1 Cornerstone 12. Southlake 12. 0-1 Cornerstone 13. E. White 13. AG 14. R. Williams 14. AG 15. H. and R. Shanklin 15. AG 16. Par 3- Properties 16. SP -2 Land Use 1. Mixed Use 2. Mixed Use 3. Mixed Use 4. Mixed Use 5. Retail Commercial 6. Mixed Use 8. Industrial 8. Retail Commercial 9. Industrial 10. Industrial 11. Office Commercial 12. Office Commercial 13. Low Density Residential 14. Low Density Residential 15. Retail Commercial 16. Retail Commercial Acreage 1. 4.17 2. 1.56 3. 2.61 4. 1.61 5. 1.23 6. 32.0 7. 0.76 8. 1.94 9. 4.56 10. 1.48 11. 2.16 12. 1.48 13. 16.9 14. 5.93 15. 6.79 16. 8.61 Case No. Attachment F ZA 01 -121 Page 1 Surrounding Property Owner Response Cornerstone Plaza NOTICES SENT: Ten (10) RESPONSES: None Case No. ZA01 -121 Attachment G Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -386 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2, 2A1, 2AlA, 2A1B, 2C, AND A PORTION OF TRACT 2A2A, THOMAS EASTER SURVEY, ABSTRACT NO. 474 LOT 2R2, BLOCK 5, CORNERSTONE BUSINESS PARK; AND A PORTION OF CROOKED LANE RIGHT -OF -WAY; AND BEING 9.55 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to Case No. Attachment H ZA01 -121 Page 1 amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Plan with limited "C -3" General Commercial uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among Case No. Attachment H ZA01 -121 Page 2 other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use ofthe land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Case No. ZA01 -121 Attachment H Page 3 SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Tracts 2, 2A1, 2AlA, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park as recorded in Cabinet A, Slide 6339, Plat Records, Tarrant County, Texas; and a portion of Crooked Lane right -of -way; and being 9.55 acres, and more fully and completely described in Exhibit "A" from "S -P -2" Generalized Site Plan District with limited "C- 3" General Commercial District uses to "S -P -2" Generalized Site Plan District with limited "C -3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general Case No. Attachment H ZA01 -121 Page 4 welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that ifthe validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Case No. Attachment H ZA01 -121 Page 5 SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR Case No. Attachment H ZA01 -121 Page 6 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA01 -121 Attachment H Page 7 EXHIBIT "A" Tracts 2, 2A1, 2AIA, 2AIB, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park according to the plat recorded in Cabinet A, Slide 6339 Plat Records, Tarrant County, Texas; and a portion of Crooked Lane right -of -way; and being 9.55 acres FIELD NOTE DESCRIPTION BEING a 9.554 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, in the City of Southlake, Tarrant County, Texas, said tract also being a portion of those tracts having been conveyed to J. Demlow, B. Gordon, and M. Sathre, in Volume 9275, Page 1926, Volume 6843, Page 1181, and Volume 12944, Page 455, all in Deed Records, Tarrant County, Texas (DRTCT) and being more particularly described as follows: BEGINNING at a point at the northeast end of a corner clip at the intersection of the east line of S. Nolen Drive (70' right -of -way) and the south line of E. Southlake Boulevard (F.M. 1709, a variable width right -of -way); THENCE along said south line of E. Southlake Boulevard the following: South 70 ° 47'12" East, a distance South 59 ° 28'36" East, a distance South 00 ° 22'42" West, a distance South 58 ° 02'59" East, a distance South 73 ° 38'57" East, a distance South 86 ° 40'23" East, a distance South 76 ° 29'50" East, a distance South 70 ° 47'12" East, a distance South 72 ° 39'22" East, a distance beginning of a curve to the left chord bearing of South 74 ° 57'39" of 169.95 feet to a point for corner; of 40.65 feet to a point for corner; of 50.44 feet to a point for corner; of 42.15 feet to a point for corner; of 100.12 feet to a point for corner; of 111.10 feet to a point for corner; of 297.36 feet to a point for corner; of 9.74 feet to a point for corner; of 128.84 feet to a point for the having a radius of 1974.86 feet, a East and a chord length of 29.78 feet; Continuing along said curve to the left through a central angle of 00 ° 51'50" for an arc length of 29.78 feet to a point in the northwesterly corner of LOT 5R2 of THOMAS EASTER NO. 474 as recorded in Cabinet A, Slide 4900 of the Map Records of Tarrant County, Texas (MRTCT); THENCE departing the said south line of E. Southlake Boulevard and along the westerly line of said LOT 5R2 as follows: South 01 ° 00'00" West, a distance of 1.00 feet to a point for corner; South 00 ° 12'51" East, 273.37 feet to a point for corner; Case No. Attachment H ZA01 -121 Page 8 South 00 ° 30'21" East, passing at a distance of 81.40 feet the northwesterly corner of LOT 4 of THOMAS EASTER NO. 474 as recorded in Cabinet A, Slide 4123 (MRTCT) for a total distance of 124.40 feet to a point for the northeasterly corner of CORNERSTONE BUSINESS PARK; THENCE along the northerly line of said CORNERSTONE BUSINESS PARK as follows: North 73 ° 59'37" West, a distance of 198.43 feet to a point for corner; North 85 ° 37'56" West, a distance of 131.46 feet to a point for corner; North 71 ° 41'02" West, a distance of 79.71 feet to a point for corner in the southeasterly line of CROOKED LANE (variable width right -of -way); THENCE North 41 ° 55'55" West, a distance of 19.84 feet to a point for corner; THENCE South 87 ° 13'30" West, a distance of 27.37 feet to a point for corner; THENCE North 54 ° 00'02" East, a distance of 37.23 feet to a point for corner; THENCE North 35 ° 59'58" West, a distance of 18.29 feet to a point for corner in the northwesterly terminus of said CROOKED LANE, said point also being the northeast corner of a tract of land described in a deed to Roger Glenn Williams as recorded in Volume 11862, Page 1685 (DRTCT); THENCE along the northerly line of said Roger Glenn Williams tract as follows: South 89 ° 44'56" West, a distance of 332.75 feet to a point for corner; South 89 ° 42'54" West, a distance of 182.83 feet to a point in the aforementioned east line of S. Nolen Drive for the beginning of a curve to the right having a radius of 365.00 feet, a chord bearing of North 12 ° 02'17" West and a chord length of 153.24 feet; THENCE departing the northerly line of said Roger Glenn Williams tract and along said east line of S. Nolen Drive as following: Continuing along said curve to the right having a central angle of 24 ° 14'06" for an arc length of 154.39 feet to a point for corner; North 00 ° 04'46" East, a distance of 165.34 feet to a point for the beginning of a curve to the right having a radius of 365.00 feet, a chord bearing of North 09 ° 38'47" East and a chord length of 121.33 feet; Continuing along said curve to the right through a central angle of 19 ° 08'04" for an arc length of 121.90 feet to a point for corner; North 19 ° 12'48" East, a distance of 130.24 feet to a point for corner at the southwesterly end of the aforementioned corner clip for the intersection of the east line of S. Nolen Drive and the south line of E. Southlake Boulevard; THENCE along said corner clip North 64 ° 12'48" East, a distance of 14.14 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 9.554 acres or 416,179 square feet of land more or less. Case No. Attachment H ZA01 -121 Page 9 o ~' o N . i b � CfQ � O x "Sou ake ' _mss i 0 ' X91 -& R tl _��— I i °`•s - z T wz 1 w Te DATA T +so -cN _ _ 7 CONCEPT PLAN FOR S-P -2 ZONING REQUEST owa LOTS I & 2, BLOCK A CORNERSTONE PLAZA -- - MVEwAY CHART 7711 9.55 ACRES OUT OF THE THOMP EAS?rR """ ' "'` ° '� SURVEY PBSTRACT NC , TY OF 'CU }„ ' AKE, TEX. -.S _ - — TARRANT CCLN'Y, TEXAS 0 ,'ANLARY , 2CC2 -� '3 r,iE55 WITES SCALE. 1 ° =50' / �p�,„�, RECD ; 29C2 I—I y EXHIBIT `B" Development Regulations Development Regulations shall comply with the Comprehensive Zoning Ordinance No. 480, as amended, and the "C -3" zoning district with the following exceptions: a. The impervious coverage required by "C -3" regulations is 75 %. The applicant proposes a maximum for each lot of 78.5 %, provided that the overall impervious coverage does not exceed 77 %. b. Bufferyards: 1) No bufferyard required along lot lines internal to the site. 2) A 5'- type `A' bufferyard along the south property line of Lot 1, instead of a 10' `F -1' bufferyard since residential development is prohibited to the south by the City's Airport Compatible Land Use Ordinance No. 479. C. No screening of the loading area from the south property line. since residential development is prohibited to the south by the City's Airport Compatible Land Use Ordinance No. 479. Permitted uses Permitted uses are to include all "C -3" district uses with the exception of the following deletions: a. Auditoriums, theaters and cinemas; b. Conventional golf courses, including outdoor driving ranges accessory thereto; C. Lodges, sororities and /or fraternities; d. Mortuaries, funeral homes and undertakers; e. Retail Stores with a primary product lines including automotive tires and /or automotive batteries, automotive accessories (not to delete automotive electronic components) and service stations; f. Drive - through fast -food establishments. Case No. Attachment H ZA01 -121 Page 11 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment H ZA01 -121 Page 12