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Item 7A
13 SOUTHLAKE CITY OF Department of Planning & Development Services STAFF REPORT September 28, 2011 CASE NO: ZA11 -027 PROJECT: Zoninq Chanqe and Site /Concept Plan Cornerstone Business Park EXECUTIVE SUMMARY: On behalf of S -SI Southlake Two, L.P., Texas Development Services is requesting approval of a Zoning Change and Site Plan /Concept Plan from S -P -2 — General Site Plan District to S -P -2 — General Site Plan District on property described as Lots 1 R, 2R1 R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park, Southlake, Tarrant County, Texas and located at 305, 405, 415, 505 and 515 South Nolen Drive, Southlake, Texas. SPIN Neighborhood # 8. REQUEST DETAILS: The purpose of the zoning change and site /concept plan request from S -P -2 General Site Plan District to S -P -2 General Site Plan District is to add 15 parking spaces and to reconfigure driveways on the site /concept plan for Lots 1 R, 2R1 R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park. To alleviate concerns of the property owner of Lot 1 R, whose property is included in the same S -P -2 zoning district, the applicant has also revised the site /concept plan to remove the shared parking and common access drives that connect Lot 1 R with Lot 2R1 R on the existing concept plan to create a stand -alone lot. The proposed plan would allow the development of Lot 1 R without installing a drainage pipe and covering the existing ditch. No changes are proposed to the currently approved S -P -2 uses and regulations. At the request of the Planning and Zoning Commission at their meeting on September 8, 2011, Roger Williams, the owner of Lot 1 R, has submitted a revised response letter in favor with the word "replat" being replaced by the word "revise" since the applicant's request is for a zoning change and concept plan and not for approval of a plat (see Attachment E). ACTION NEEDED: Consider 1 st reading approval of a zoning change and site /concept plan. ATTACHMENTS: (A) (B) (C) (D) 20, (E) (F) Background Information Vicinity Map Plans and Support Information - Link to PowerPoint Presentation Revised Concept /Site Plan Review Summary No. 3, dated September 2011 Surrounding Property Owners Map and Responses Ordinance No. 480 -439b STAFF CONTACT: Richard Schell (817) 748 -8602 Dennis Killough (817) 748 -8072 Case No. ZA11 -027 BACKGROUND INFORMATION OWNER: S -SI Southlake Two, L.P. APPLICANT: Texas Development Services PROPERTY SITUATION: 305, 405, 415, 505 and 515 South Nolen Drive LEGAL DESCRIPTION: Lots 1 R, 2R1 R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park IW_10I31 ft &I = 11113•1i'll no] :�'/=i3� � •• u�Z7"ii'�L�'t•7F1F1T1I1011go I CURRENT ZONING: "S -P -2" Detailed Site Plan District REQUESTED ZONING: "S -P -2" Detailed Site Plan District HISTORY: -A zoning change from "AG" to "O -1" and 1 -1" on the west portion of this property as well as a Preliminary Plat were approved by the City in May of 1997. -A Final Plat (ZA97 -114) was approved by the City on September 4, 1997. -City Council approved a zoning change (ZA02 -018) from "0-1" and "I -1" to "S -P -2" with "I -1" uses on the western portion of the property and an associated concept plan on July 16, 2002. -A zoning change and concept plan (ZA04 -021) from "AG" Agricultural District and "S -P -2" General Site Plan District to "S -P -2" General Site Plan District with "C -2" Local Retail Commercial District and "I -1" Light Industrial District uses was approved by City Council on June 15, 2004. - A plat revision (ZA04 -065) was approved by City Council on October 15, 2004. -A zoning change and site plan for Lot 5R1 (Texas Digestive Disease Consultants) from "S -P -2" General Site Plan District to "S -P -2" General Site Plan District was approved by City Council on January 18, 2011. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Nolen drive to be a three lane undivided arterial with seventy (70) feet of right -of -way north of the intersection with Crooked Lane. There are no recommendations for Nolen Drive south of Crooked Lane adjacent to the site. Existing Area Road Network and Conditions Nolen Drive is a forty -foot, two -lane local street with sixty feet of right - of -way south of Crooked Lane, Traffic counts are not available for this section of Nolen Drive. PATHWAYS MASTER PLAN: An eight (8) foot multi -use trail along Nolen Dr. is shown on the Pathways Plan north of the intersection with Crooked Lane. No Plan segments are shown adjacent to the proposed site, however, five (5) foot sidewalks are required along all adjacent public streets with all developments requiring a City Council approved site plan. The City Engineer has determined that Case No. Attachment A ZA11 -027 Page 1 the proposed additional parking is not roughly proportional to the addition of the five (5) foot sidewalk, so no sidewalk is required. TREE PRESERVATION: No trees are shown to be removed in the area of the proposed parking. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. SPIN MEETING: A SPIN meeting was not recommended for this request. PLANNING AND ZONING COMMISSION: September 8, 2011; Approved (6 -0) subject to Staff Review Summary No. 2, dated September 2, 2011; also requesting the owner of Lot 1 to clarify language in their submitted letter of support regarding the term "replat." COUNCIL ACTION: September 20, 2011; Motion to table the case to the October 4, 2011 meeting approved (7 -0). STAFF COMMENTS: Attached is Revised Concept /Site Plan Review Summary No. 3, dated September 20, 2011 Case No. Attachment A ZA11 -027 Page 2 VICINITY MAP F SOVT\�� yG4 FeGVp (F4j / 1 1 "09 ZA11 -027 Zoning Change & Concept Plan /Site Plan 305, 405, 415, 505 and 515 S. Nolen Dr. N N E + � 0 350 700 1,400 S Feet Case No. ZA11 -027 Attachment B Page 1 ORIGINALLY PROPOSED SITE /CONCEPT PLAN of y- I p ,., 13 PROPOSED PARKING SPACES o\ mmcasfoit r,wcm .a, ,, o CW A 1R p4 1 OR1LT mS swur Amt a�� wa<+ } !} Mle) \ • , r, 2 PROPOSED PARKING SPACES ,; No .am OAMM PAM Ca tcf SITE- 1dfW1_I _ nawi wm iu i ° aweimwar 11 o � t — I l p ►q •!� MM w f�i.ar s N R'J r.pl awp. o�tIIY a\ � , f J Ow14•I-xr - - _ � m V • .a wa owW n. ,wu r ne a N.1� 06' • ib.4 i�'n5,.�.rd nr+,w.lr .w.�r.«...w i }�.I� LOCATION AMP • mww °v dit ,.e1.nf s ua,�w, w, « w.naw v .� .. a tI`• M2TSYIWC , F Gt w ra W > MW= iU' I.o,f -Aa —. Case No. Attachment C ZA11 -027 Page 1 REVISED SITE /CONCEPT PLAN 13 PROPOSED PARKING SPACES ,� , _- - -� - o;S FYIVJyy .. 5]•.. as � e 4ai rt Q .,,. r /1 S[I F �\ 1 h\ v . n Y iI •` � x `K � � V f REMOVED CROSS ACCESS DRIVES AND SHARED PARKING ranwa m.mrs. e� isa" C - \ r � 2 PROPOSED PARKING SPACES ' V. tp° iaio'4xmrsmru \ LOCATION MAP Y C &i let' CMN. fR51QlF 9U9 �MK' �V�. •�u.rw�'ws nr�. r e xrx r �w a GI i+L`]'3 Ytia'E ut . a. i Case No. Attachment C ZA11 -027 Page 2 REVISED SITE /CONCEPT PLAN REVIEW SUMMARY Case No.: ZA011 -027 Review No.: Three Project Name: Site Plan — Cornerstone Business Park Date of Review: 09/20/11 APPLICANT: Scott Caruthers Texas Development Serviced 4300 Sigma Road, Suite 100 Dallas, TX 75244 Phone: (214) 986 -9018 E -mail: scott.caruthers @sbcglobal.net LGIVA I:7IIIRfTF20TiiYli St. Ives Realty 16910 Dallas Parkway, Suite 100 Dallas, TX 75246 Phone: (972) 235 -7888 E -mail: Itermin @stivesrealty.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/06/11 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748 -8602 OR DENNIS KILLOUGH AT (817) 748 -8072. Please add the revised uses for Lot 5R1 that were approved with zoning case ZA10 -065 and included in Ordinance No. 480 -439a. 2. Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name, existing zoning, and land use map designation ( "L.U.D. _ "). Lot 1, Block 3, Cornerstone Business Park should be labeled "ZONED = S -P -1" and "LUD = OFFICE COMMERCIAL ". On Lots 1 R, Block 4, Lot 6, Block 5, Cornerstone Business Park to the west and south Lot 6, Block B, Commerce Business Park, please swap the zoning and LUD designations to read "ZONING = 1 -1" AND "LUD = INDUSTRIAL ". 3. Please provide a Common Access Easement by plat or separate instrument in the location of the existing and proposed driveways (if one doesn't already exist) and show and label the easement on the concept plan. 4. To add the two parking spaces along S. Nolen, please reduce the parking islands besides the one with the large Oak tree and leave the island with the oak tree undisturbed. 5. Provide fire lanes in compliance with the City Fire Code. Show and label the fire lane width and any curve radii. Also label any radius of any curbs adjacent to the fire lane. Please show and label the fire lanes in the area of the proposed parking spaces and driveway reconfiguration. 6. An encroachment agreement processed through Public Works may be required for any structure constructed in the Drainage Easement. 7. The width of the 30' Drainage Easement shown is incorrect. Please show the Drainage Easement as it is recorded in Vol. 17100, pg. 98, Deed Records, Tarrant County, Texas. Tree Conservation /Landscape Review Keith Martin Landscape Administrator Phone: (817) 748 -8229 E -mail: kmartin @ci.southlake.tx.us Case No. Attachment D ZA11 -027 Page 1 TREE CONSERVATION COMMENTS: Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: The landscaping for the parking islands as shown in the proposed parking are required to conform to the parking lot landscape requirements of the Landscape Ordinance. All parking lot islands are required to contain the minimum of one (1) canopy trees, if one is not existing, and the remainder area be planted with shrubs, ground coves, ornamental grasses, or a combination of these plant materials. # Indicates required items. Indicates informational items for development review. Public Works /Engineering Review Steve Anderson Civil Engineer (817) 748 -8101 sanderson @ci. south lake. tx. us GENERAL COMMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. Use the City of Southlake GPS monuments whenever possible. I»eTA 9818]JihyiIA011 &11 Water meters and fire hydrants shall be located in an easement or in the ROW. All sewer lines in easements or ROW must be constructed to City standards WATER AND SANITARY SEWER COMMENTS: 1. Provide Preliminary Utility Plan Water meters and fire hydrants shall be located in an easement or in the ROW. The fire line shall be separate from the service lines. One meter per service line. All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. Detention may be required with any new proposed building construction. 2. Provide Preliminary Grading and Drainage Plans 3. Provide Preliminary Drainage Area Map 4. A portion of this parking addition will encroach into an existing drainage easement. This drainage easement contains an open drainage channel. It appears fill and /or retaining walls will need to be placed in the drainage easement to bring the parking area to grade. An engineering analysis or hydraulic analysis will need to be submitted for review prior to the issuance of any permits showing there are no adverse impacts to the upstream or downstream properties. 5. A Joint Use/ Encroachment Agreement between the property owner and the City will need to be Case No. Attachment D ZA11 -027 Page 2 executed prior to acceptance of this project. This property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning construction. (Structure 14) The drainage from this development is generally to the east. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Submit 4 copies of the civil construction plans (22" X 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. A ROW permit shall be obtained from the Public Works Operations Department (817) 748 -8082 to connect to the City's sewer, water or storm sewer system. A Developer's Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment D ZA11 -027 Page 3 Informational Comments: No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. It appears that this property lies within the 75 LDN D /FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA11 -027 Page 4 SURROUNDING PROPERTY OWNERS LOTS 1 R, 2R1 R, 3R, 4R and 5R1, BLOCK 5, CORNERSTONE BUSINESS PARK SPO # 1. Owner Bbj & E Ltd 25 Land Use Industrial Acreage 1.99 Response NR 2. Akp Management Llc 26 Industrial 1.44 NR 3. Amar Saini Corp 11 Industrial 1.66 NR 4. Fulbright Mays Trust 11 Industrial 3 NR 5. Broadgate Equity Lp 11 Industrial 22 NR 6. Chany Development Inc 27 Office Commercial 14 NR 7. Chany Development Inco SP1 Office Commercial 1.74 NR 8. Myan Plaza Lp 16 Office Commercial 1.43 NR 9. Charleston Court Lp 01 Office Commercial 4.85 NR 10. 24 11 Industrial 5.54 15 11. Nolen Exchg Bus Park Llc 11 Industrial 1.55 U 12. Patterson Southlake Fam Prop 11 17 1.07 F 13. Charleston Court Lp 6 Industrial 2.59 NR 14. Williams, Roger G Etal 28 Office Commercial 1.56 F 15. S -Si Southlake Two Lp SP2 1 2.53 F 16. Harbor Town Partners Lp 18 Industrial, Office Commercial 2.73 NR 17. 7 SP2 Industrial 1.55 NR 18. S -Si Southlake Three Lp SP2 Industrial 2.65 NR 19. Rainier Southlake Dst 2 Industrial 1.63 NR 10 19 8 3 20 12 13 9 11 21 5 4 SPO # 1. Owner Bbj & E Ltd Zoning 11 Land Use Industrial Acreage 1.99 Response NR 2. Akp Management Llc 11 Industrial 1.44 NR 3. Amar Saini Corp 11 Industrial 1.66 NR 4. Fulbright Mays Trust 11 Industrial 1.15 NR 5. Broadgate Equity Lp 11 Industrial 2.69 NR 6. Chany Development Inc SP1 Office Commercial 1.51 NR 7. Chany Development Inco SP1 Office Commercial 1.74 NR 8. Myan Plaza Lp 01 Office Commercial 1.43 NR 9. Charleston Court Lp 01 Office Commercial 4.85 NR 10. Hcrea Nolen Dr Lp 11 Industrial 5.54 NR 11. Nolen Exchg Bus Park Llc 11 Industrial 1.55 U 12. Patterson Southlake Fam Prop 11 Industrial 1.07 F 13. Charleston Court Lp 11 Industrial 2.59 NR 14. Williams, Roger G Etal SP2 Office Commercial 1.56 F 15. S -Si Southlake Two Lp SP2 Office Commercial 2.53 F 16. Harbor Town Partners Lp SP2 Industrial, Office Commercial 2.73 NR 17. Paragon Property Holdings Lp SP2 Industrial 1.55 NR 18. S -Si Southlake Three Lp SP2 Industrial 2.65 NR 19. Rainier Southlake Dst 11 Industrial 1.63 NR Case No. Attachment E ZA11 -027 Page 1 20. Rainier Southlake Dst 11 Industrial 1.64 NR 21. Rainier Southlake Dst 11 Industrial 1.62 NR 22 Fgg Cornerstone Plaza 5 Etal SP2 Office Commercial, Retail Commercial 3.61 NR 23. Coppell /Dtr Center Lp SP2 Industrial, Retail Commercial 1.74 NR 24. Shurgard /Freemont Partners 11 SP2 Industrial, Retail Commercial 4.67 NR 25 Us Bank National SP2 Office Commercial, Retail Commercial 5.76 NR 26. Shanklin, Harold Est & Richard AG Retail Commercial 5.92 NR 27. Williams, Roger Glenn Etal AG Office Commercial 3.59 NR 28. White, Elbert Clark Jr AG Office Commercial 15.85 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty -eight (28) Responses Received: Five (5) — Attached (Two responses received from Nolen Exchg Bus Park Llc) Case No. Attachment E ZA11 -027 Page 2 Jul. 12 2011 12:09PM FLORESTA L 91$8330502 P.1 Notification Response Form ZA11 -027 Meeting Date: July 21, 2011 at 6:30 PM Nolen Exchg Bus Park Lie 14609 Tundra Or Sylmar Ca, 91342 8399H 4 2111 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 nabove;" reby in favor of opposed to (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: �� A Date: 7 f 1i Additional Signature: Date: Printed Name(s): WO -ILt_IZ- . r'uakU Must be property owner(s) whose narne {e) are printed at top. Othepwise contact the Planning Department. One form per properly. Phone Number (optional): Case No. Attachment E ZA11 -027 Page 3 Jul 25 2811 4:21PN FLORESTR L 8188338582 P.1 Notification Response Foam ZA11 -027 NIGOting Date. August 4,, 2011 at 6:30 PM Nolen Exchg Bus Park Lie 14609 Tundra Dr Sylmar Ca, 91342 8399H 4 2R1 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 abou (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Date. _'-' Additional Signature: Date: Printed Name(s): LV(:4 LG-- � Must be PrONAY QWner(s) whose names) are printer) at tap. otherwise contact the Department. One form er - p r op". 9 P P P p". Phone Number (optional): Case No. Attachment E ZA11 -027 Page 4 From: 07/25/2011 12:58 Notification Response Form ZAI I -027 Meeting Date: August 4, 2011 at 6:30 PM Patterson Southlake Fam Prop 1404 Exeter Ct Southlake Tx, 76092 8399H 4 2R2 #281 P.0011001 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: 'Signat Date: { _ Additional Signature: Date: Printed Name(s� Must be property owners) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone plumber (optional): Case No. Attachment E ZA11 -027 Page 5 From: Meeting Da m gLaVE4, 2:i a at 6030 PFd 3-51. $04thlake TWO LP 16910 Dallas Pkwy Ste 100 Dallas Tx, 76248 8399H 6 2-RI R OUO212011 15;42 #072 P.001t002 PLEASE PROVIDE COMPLETED FORMS VIA M AII , FAX OR HAND DELWERY BEFORE T14E START F `€'I IE WHE ULEDU IU LnGA S:E�snax�g , Berg the owner(s) of the property so noted above, are hereby ih `r vor o opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for caninnerft regarding your p o wr Signature: Additional Signature: Printed Names :j:/� Must be property oi ier(s) whose name(s) are RAW Efate: A L 4/t dc�) at top. QPhemdse cm the Plannhig Dgp2n ant. one form per Phone Number (optional): Case No. Attachment E ZA11 -027 Page 6 Notification Response Form To: Chairman Faglie and Planning & Zoning Commissioners From: Roger Williams, Property Owner of Lot 1, Block 5, Cornerstone Business Park 538 Oak Hill Drive, Newark, TX 76071, (817) 489 -3141 Date: September 7, 2011 Re: ZAl1 -027 Applicant (the developer) had my property (Lot 1) under contract and combined it with a portion of their property during its zoning process in 2006. They withdrew the purchase contract after the concept was approved and I was not able to sell my property independently since. I am in favor of the proposed revised concept plan and would like to require applicant to, as the condition of approval, to replat the property accordingly. Thank you. Swerely Roger Williams SEP 0 8 2D11 Case No. Attachment E ZA11 -027 Page 7 REVISED LETTER FROM ROGER WILLIAMS SUBMITTED SEPT. 14, 2011 To: Chairman Faglie and Planning & Zoning Commissioners From: Roger Williams, Property Owner of Lot 1, Block 5, Cornerstone Business Park 538 Oak Hill Drive, Newark, TX 76071, (817) 489 -3141 Date: September 7; 2011 Re: ZAI1 -027 Applicant (the developer) had my property (Lot 1) under contract and combined it with a portion of their property during its zoning process in 2006. They withdrew the purchase contract after the concept was approved and I was not able to sell my property independently since. I am in favor of the proposed revised concept plan and would like to require applicant to, as the condition of approval, tois property accordingly. Thank you. Sincerely yours, Roger Williams SEP 14 2011 Case No. Attachment E ZA11 -027 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -439b 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 LOTS 1 R, 2R1 R, 3R, 4R AND 5R1, BLOCK 5, CORNERSTONE BUSINESS PARK; AND BEING APPROXIMATELY 11.586 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S- P-2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT, ALLOWING THE USES IN THE ATTACHED REGULATIONS AND AS DEPICTED ON THE APPROVED CONCEPT PLAN AND SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Case No. Attachment F ZA11 -027 Page 1 Generalized Site Plan District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment F ZA11 -027 Page 2 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Case No. Attachment F ZA11 -027 Page 3 Being Lots 1 R, 2R1 R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park, Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 9866 and the plat filed as Instrument No. D211119872, Plat Records, Tarrant County, Texas, and being approximately 11.586 acres, and more fully and completely described in Exhibit "A" from "S -P -2" Generalized Site Plan District to "S -P -2" Generalized Site Plan District, allowing the uses in the attached regulations and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: S -P -2 Regulations with Ord. No. 480 -439 June 15, 2004 (ZA04 -021) CORNERSTONE BUSINESS PARK USE AND DEVELOPMENT REGULATIONS FOR "S —P -2 far C- 2/6-1' ZONING PERMITTED USES: (LOT 1) ZONING FOR THIS LOT SHALL PERMIT ALL "C -2° LOCAL RETAIL COMMERCIAL DISTRICT AREA USES, ACCORDING TO ZONING ORDINANCE NO. 48G, SECTION 21. PERMITTED USES: (LOTS 1, 2, 3, 4 & 5) EXCLUDED USES: 1) Sexuallroriented businesses 2) Blcaksmlthing or horse shoeing 3) Candle manufacturing 4) Creamery and dairy product processing sorting 5) Egg storage, candling, and grading 6) Farrier (fiorseshaeing) 7) Feed stores 8) Ice manufacturing and bulk. ice storage 9) Mini — warehouses PERMITTED USES: 1) Any use permitted in the 0 -1 Office District 2) Aluminum product fabrication 3) Armature winding 4) Bakery, wholesale 5) Broom manufacturing 6) Cabinet or corpantry shop 7) Candy plant or production facility 8) Carpet cleaning operations 9) Clothing manufacturng 10) Cold storage warehouse without size limitation 11) Commercial school, including trade school 12) Compounding of cosmetics and to letHes 13) Electronic components manufacturing and assembly 14) Glass blowing 1 5) lea cream manufacturing 16) Insufatlan applicatlon business t7) lrrigakian sales and services, Including pumps and equipment 18) Janitoria1 or cleaning services 19) Laboratory, chemicai analysis, general analysis, physical testing 2C) Linen and towel service 21) Machlne shop 22) Mattress manufacturing or mattress renovation 23) Manufacturing of medical or dental equipment 24) Monument manufacture 25) Ornamental Iron works 26) Pest control businesses 27) Plastic fabrication 28) Plumbing, heating, refrigeration or air conditioning shop 29) Public utility facilitles 30) Pump sales and $ervice 31) Rooting contractor business premises 32) Sash and door manufacturing 33) Sheet metal shop 34) Sign manufacturing 35) Spray painting shop 36) Store fixture manufacturing and sales 37) Warehouses 38) Welding equipment and suppPes 39) Community Facility Uses— City hall, police and Fire stations and other municipal. uses 40) Health and physical fitness centers and gymnasiums, not to exceed 16,000 square feet DEVELOPMENT REGULATIONS: THIS PROPERTY SHALL BE SUBJECT TO THE DEVELOPMENT REGULATIONS OF THE "1 - 1" LIGHT INOUSTRIAL DISTRICT, SECTION 26 OF ZONING ORDINANCE NO. 480, AS AMENDED, AND ALL OTHER APPLICABLE REGULATIONS OF ZONING ORDINANCE NO 480, AS AMENDED, WITH THE FOLLOWING EXCEPTICNS: 1. LANDSCAPE AREAS ADJACENT TO THE COMMON PROPERTY LINES THAT ARE PROVIDED IN LIU OF THE INTERNAL BUFFERYARD ARE SUBJECT TO THE LANOSCAPE ACMINISTRATORS APPROVAL 2. MAXIMUM IMPERVIOUS COVERAGE LIMITED TO A MAXIMUM OF 75% FOR LOT 1, 81.2% FOR LOT 2, 8C% FOR LOTS 3,4 AND 5. MAXIMUM IMPERVIOUS COVERAGE FOR TOTAL SITE NOT TO EXCEED 7= 3, NUMBER OF PARKING SPACES REgUIRED/PROVIDED MAY [3E ADJUSTED +/— 107. PROVIDED THAT IN NO CASE SHALL MAXIMUM SITE IMPERVIOUS COVERAGE EXCEED 75%. 4. ALL BUILDING FOOTPRINTS /SQUARE FOOTAGES SHALL BE RESTRICTED TO +/— 10% OF FOOTPRINTS /SQUARE FOOTAGES SHOWN. 5. THE F -1 BUFFERYARD BETWEEN LOT 4 AND ADJACENT C -3 COMMERCIAL PROPERTY SHALL NOT BE REQUIRED, IN FAVOR OF THE EXISTING NATURAL DRAINAGE EASEMENT LOCATED BETWEEN LOT 4 AND COMMERCIAL PROPERTY TO THE NORTH WHICH SHALL REMAIN IN A NATURAL STATE. 6. ALL LOTS (1 -5) SHALL BE RELIEVED FROM RESIDENTIAL ADJACENCY REQUIREMENTS DUE TO LOCATION OF ALL PROPERTY WITHIN 400' FROM THIS DEVELOPMENT WITHIN 75 LON NOISE CONTOUR ESTABLISHED BY AIRPORT COMPATIBILITY LAND USE ZONING ORDINANCE # 479, WHICH PROViOES THAT ALL RESIDENTIAL USE WITHIN THIS CONTOUR IS PROHIBITED. P &Z and City Council motions for Ord. No. 480 -439 S -P -2 zoning approved June 15, 2004 (ZA04 -021): P &Z Action - May 20, 2004; Approved (6 -0) subject to Concept Plan Review Summary No. 2, dated May 14, 2004, as proposed; noting the applicant's willingness to leave the drainage area in a natural state, and to work with the landscape administrator in locating some required bufferyard plant material in the landscape areas along the sides of the buildings. Council Action - June 1, 2004; Approved first reading (7 -0) subject to Concept Plan Review Summary No. 2, dated May 14, 2004; incorporating the recommendations of the Planning and Zoning Commission; and accepting the applicant's willingness to restrict the impervious coverage on Lot 1 to 75 %, Lot 2 to 81.2 %, a maximum of 80% on Lots 3, 4, Case No. Attachment F ZA11 -027 Page 4 and 5 with an overall combined maximum impervious coverage on all lots of 75 %; and accepting the applicant's agreement to further eliminate the following 1 -1 uses: machine shop, mini - warehouses, aluminum product fabrication, broom manufacturing, cold storage warehouse, compounding of cosmetics and toiletries, janitorial or cleaning services, mattress manufacturing or renovation, and manufacturing of medical and dental equipment. June 15, 2004; Approved second reading (7 -0) subject to Concept Plan Review Summary No. 3, dated June 9, 2004; and subject to conditions set at first reading. S -P -2 Regulations with Ord. No. 480 -439a January 18, 2011 (ZA10 -065) CORMERS70NE BUSINESS PARK USE AND UtYELOPmew REGt11AT1aNS FOR 'S-P-2 IS, C-2/I - 1' ZONING FOUR E4 USES: (LOT 1) TONING FOR THIS LOT SHALL PERMIT ALL 'C-27 LOCAL RETAIL COMMERCIAL DISTRICT AREA USES, ACCOROINO TO ZONING OROIHAMCE NO. 480, SECTION 21. PERMITTED USES- (LOTS 1. 2, 3, 4 & 5) EXCLUDED USES: f S— alify- oriented bushes... 2 8leakemllhing or bores shoeing 3) Condlc monuiacluHng 4) Creamery and dairy product processing 5) Egg 6toraga caadAny, wrung and gradl„g 6) farrier (honeshoeirtg} 7) Feed Steen 8) Ice monufaclaring and bulk Ice storage 9) Mlnl- -wur¢h�seS DEVELOPMENT RECULAMCNS: PERMTTTEP USE; 1) Any use permuted In the 0 -1 Clues Oislrlat 2) AIumFUm Product fobrlvotlaa 3) Armalare winding 4) Bandry, 4h oleYtlle 5) Broom rrlanaroatu," 6) Cabinet or carpentry shop 7) Cordy plant an pradua Rln f- lRy 6) Carpel cicrosing ap.0111 ne g) Clothklg manutaduring 10) Cold storogo warehaose wIthaI six. ifmltatl0o 11) Commerciol scheal, In0401hq lFi3ft sChaar 12) Compounding II cosmetics and W1,I less 1 3 Eteetro.hie components Ind assembly 14) CIS" biorring 15) ICa Cream manvrgclur'sng 15) Irssulotlon lspplicotipn hua#nesa 17) Trrigi lan Was and ligN w, Including pumps and ¢goiprnent 1B) J- 111orial or cieaning serulees 1P) Labwalory, chemical engly*ls, genergr englyslih ph7hlcal 1¢aDn9 24) Linen end lewel oci 2F) Machine di ap Z2) witt —d minurac1.6rig or mattress renowtlen 231 Nonulacturing ai medicgl or III equfpmenl 24) NDAumehl monufaelure 251 Ornamental bran woks 26) NIL amtral busbies... 2T) PIaSV. fabrication 28) Plumbing, heoling refelgeratlan a o1, candlUaning Shop 29) PuW(C ottity fo'.11 s 30) Pump sales and FeruiCl 31) Roonny cenlroctar business pram34g5 32) Sash and Slow ma,Wcalurng 33) sheet 11.1 shop 34) Sign manulac Luring 35) Spray pointing shop 36) S11— III hr n feicWrrng ord soles 37) Warehouses 36) welding equipment end sopplres 34) Community F 9111y Uses- City hall, palace end fire stations and other muNrIpal uses 4D) Health and physical 131 ..niece end gymn -h—, —1 to nresed 15.000 aquore Feet 114S PROPERTY SHALL BE SUBJECT 10 THE AND ALL OTHER APPUCARLE R Gt1tAn0M$ OF ON IINNG CROINAN E NO AEO. AS A LIGHT INDUS DISTRICT, EXCEPTIONS: 76 OF ,TONING ORDINANCE ND. 480, AS AMENDED. 1, LANDSCAPE AREAS ADJACENT TO WE COMMON PROPERTY LINES THAT ARE PROVIDED IN UU OF THE INTERNAL BUFFERYARD ARE SUHJI MT TO THE LANDSCAPE ADMINISTRATORS APPROVAL 2. MAXIMUM IMPERVNI19S COVERAGE LIMITED TO A MAXIMUM OF 75% FOR LOT 1, 91.21[ FOR LOT 2, 809E FOR LOTS 3,4 AND 5, MAXIMUM IMPERVIOUS COVERAGE FOR TOTAL SITE NOT TO EXCEED 755 a NUIYBER OF PARXINC SPACES REWXRED/PROMOErt MAY BC AD.N51EO +/- 10x. PROVIDED THAT IN NO CASE SHALL MAXIITUM SITE IMPERVIOUS COVERAGE EXCEED 75X. 4, ALE EUIIDINC FOOTPRINTS/SQUARE FOOTAGES SHALL BE RESTRICTED TO +I 10x OF FOOTPRINIS/SQUARE FUOTACES SHII S. THE F -1 OUFFERYAND BETWEEN LOT 4 AND ADJACENT C -3 COMMERCAL PROPERTY SHALL NOT BE REWIRED,, IN rAVOR OE THE EXISTING NATURAL DRAINAGE EASEM €NT LOCATED BETWEEN LOT 4 AND COMMERCLAL PROPERTY TO THE RI WHICH rd' I REMAJN IN A NATURAL STATE- S. ALL LOTS (1 -5) SHALL BE REUEVED FROM RESIDENTIAL AWACENCY REQUIR0AENTS DUE TO LOCATION OF ALL PROPERTY 141THIN 4100' FROM THIS OEMIOPMENT PITHIN 75 LDN NOISE CONTOUR ESTABLISHED BY AIRPORT COMPATIBILITY LAND USE ZONING ORDINANCE J 47D, WHICH PROMDES THAT ALL RESIDENTIAL USE TATHIN THIS CONTOUR IS KOHMITEC. 7. THE PERMITTED USES FOR LOT 5R BLOCK 5 (SHOWN AS LOT ON THE CONCEPT PLAN) WILL BE AS FOLLOWS: ANY USES PERMITTED IN THE O-1 OFFICE DISTRICT; LABORATORY, CHEMICAL ANALYSIS, GENERAL ANALYSIS, PHYSICAL TESTING: HEALTH AND PHYSICAL FITNESS CENTERS AND GYMNASIUMS, NOT TO EXCEED 16,000 SQUARE FEET; COMMERCIAL SCHOOL. INCLUDING TRADE SCHOOL: COMMUNITY FACILITY USES - CITY HALL, POLICE AND FIRE STATIONS AND OTHER MUNICIPAL USES; MANUFACTURING OF MEDICAL AND DENTAL EQUIPMENT; PUBLIC UTILITY FACILITIES Case No. Attachment F ZA11 -027 Page 5 S -P -2 Zoning Letter and Regulations for Lot 5R with Ord. No. 480 -439a approved January 18, 2011 (ZA10 -065) 0 H f - r A Hart, Gaugler & Associates, Inc. kJI Civil & Structural Engineering 0 0 0 January 18, 2011 Mr. Dennis Killough City of Southlake Department of Planning 1400 Main Street, Suite 310 Southlake, TX 76092 Re: Texas Digestive Disease Consultants - Medical Office Building HGA Project Number 210127 Dear Dennis: Texas Digestive Disease Consultants (TDDC) desires to build a new Medical Office Building on Lot 5R Block 5 of the Cornerstone Business Park located on Nolen Drive south of Silicon Drive in Southlake, Texas. The new Medical Office Building will be approximately 16,790 square feet. The property is currently zoned "S -P -2 with I -1 uses" as shown on the Concept Plan dated December 13, 2004 and the property has an Industrial Land Use Designation. Medical Office use is allowed in the 1 -1 base zoning but the Concept Plan for the lot in question listed 32,000 square feet for the allowable building size and listed 51 parking spaces on the plan. In the Development Regulations listed on the plan, the number of parking spaces may be adjusted +/- 10 % and the building footprints/square footages are restricted to +/- 10% of the footprints /square footages shown. Our present Concept Plan and Site Plan include a building that is 48% smaller than that shown on the previous Concept Plan. Because of our office use we are proposing to provide 111 parking spaces. The maximum impervious coverage per the Concept Plan is 80%. Our present Concept Plan and Site Plan include 56.76% of impervious coverage. In order to develop the property in a manner that is suitable to the needs of the Medical Office Building, the property will need to be rezoned. Our request is to revise the current zoning and Concept Plan to allow for the square footage and parking to meet the needs of our development. The S -P -2 regulations will remain the same except for the following: • Twelve covered parking spaces will be allowed in the area indicated on the site plan and as shown on the elevation and rendering. • The permitted uses for Lot 5R Block 5 (shown as Lot 3 on the Concept Plan) will be as follows: 1. Any uses permitted in the O -1 Office District 2. Laboratory, chemical analysis, general analysis, physical testing 3. Health and physical fitness centers and gymnasiums, not to exceed 16,000 square feet 4. Commercial school, including trade school 5. Community Facility Uses - City hall, police and fire stations and other municipal uses 6. Manufacturing of medical and dental equipment 7. Public utility facilities Variance requests will include the following: • Driveway Stacking: The required internal storage, based on the average number of parking spaces per driveway (85.5) and based on the total number of parking spaces (342) is 100'. The minimum storage length shall be thirty -three (33) feet. 12801 N. Central Expressway • Suite 1400 • Dallas, TX 75243 • Voice 972- 239 -51 It • Fax 972 -239 -5055 Case No. Attachment F ZA11 -027 Page 6 0 HG Hart, Gaugler & Associates, Inc. V Civil & Structural Engineering 0 A o Thank you for your assistance on this project. Please contact me with any questions or comments you may have. Sincerely, Hart, Gaugler & Associates, Inc. John D. Blacker, P.E. Principal F :\201A21012710E�'dLSubmillalx1: 011 -01 -18 city council —09VU1 1-01-18-M—.0% nar i - TUDC,dac 12501 N. Central Expressway + Suite 1400 • Dallas, TX 75243 • Voice 972 -239 -5111 • Fax 972- 239 -5055 Case No. Attachment F ZA11 -027 Page 7 P &Z and City Council motions for Lot 5R (shown as Lot 3 on the Concept Plan) S -P -2 zoning approved with Ordinance 480 -439a on January 18, 2011 (ZA10 -065): P &Z Action: December 9, 2010; Approved (4 -0), subject to the staff report dated December 9, 2010, granting the variance to driveway stacking depth, noting the applicant's willingness to modify the storm drain routing on the northern portion of the lot in an attempt to save trees 455, 441, 442 and 443, noting the applicant's willingness to modify the driveway routing in an attempt to save tree 424, and on that same drive, any grade changes that could be done to save that tree would be appreciated, and also noting the applicant's willingness to look into changing the covered parking structures to match the canopies that are used on the building. Council Action: January 4, 2011; Approved 1 St reading on consent (7 -0), with the comments made by Council during work session, which include contacting the lender to inquire about removing the industrial uses, providing landscaping all around the base of the building, addressing the landscape administrator's comments a -e, providing lighting according to the City's ordinances and revising the covered parking structure to match the canopies on the building. January 18, 2011; Approved 2nd reading (5 -0), granting the requested variance to driveway stacking, subject to P &Z's recommendations, subject to the applicant's presentation, subject to the revised S -P -2 letter dated January 18, 2011 limiting permitted uses and allowing covered parking over twelve spaces, and subject to Site Plan Review Summary No. 3, dated December 17, 2010: 1. The metal halide lighting shown on the Site Plan — Photometric does not meet the requirements of Lighting Ord. No. 693 B, requiring that luminaires on poles over 42" in height and exterior mounted light fixtures shall be high pressure sodium or other lights giving a similar soft lighting effect. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill -over. 2. Provide the agreement for the off -site private drainage facilities. P &Z and City Council motions for S -P -2 zoning approved with Ord. 480 - 439b on , 2011 (ZA11 -027): P &Z Action: September 8, 2011; Approved (6 -0) subject to Staff Review Summary No. 2, dated September 2, 2011; also requesting the owner of Lot 1 to clarify language in their submitted letter of support regarding the term "replat." Council Action: 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. Case No. Attachment F ZA11 -027 Page 8 That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Case No. Attachment F ZA11 -027 Page 9 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this Case No. Attachment F ZA11 -027 Page 10 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 , 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment F ZA11 -027 Page 11 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA11 -027 Page 12 EXHIBIT "A" Being Lots 1 R, 2R1 R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park, Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 9866 and the plat filed as Instrument No. D211119872, Plat Records, Tarrant County, Texas, and being approximately 11.586 acres. Case No. Attachment F ZA11 -027 Page 13 N 0 > (D 6 z N) 0 4 ° 0 (D (D 07, 19 S� r 101 —M T A , � ° ,U � acxn. rzw .nr a u.0 \ "Z LOCATI MAP O—R-9 OOE SITE DATA —DILATION 1.4 ALTMNA (ADMINISTRATIVE -Y APPROVED CASE NO ZA04-02' RECD 'Q 2994 CONCEPT PLAN TR ACS JIEJ A, 11F, THOMAS EASTER SURVEY, ABSTRACT NO, Ea A LOTS 1, 2R1, 3, 4 AND 5, BLOCK 5 CORNERSTONE EUSINE55 RAW PAR-3 PROPERTIES ROGER WWAVS CORNERSTONE BUSINESS PARK US OAK HIL S DR V L 1 ll��72 A—X OUT OF — —AS EAS 1—, AB—Gl NO. 474 "L: TE— CWNER 111TI EUSINESS PARK, L.P. PAR -3 PRO' _'R. j Dj R AND CONSULTANTS, INC. —ER R T l- #1175 28 LOOP ' 127 t 2M CDALLAS, R TX ]525' Y b SUl , ENGINEERS - SURVEYDRS - LAND PLANNERS TEL.: (972) 671 7,2 'OIJILA - TX 7R i� , --1 7�1--' (817) Z-11 T- In,, Slo '� 1,111 T. 1 1- FAX- (972) 67-9115 FAX C817 029-73. RD 02 211101 A A O O O O O O m N 0 > 6 z N) 0 U1 TI SITE LOCATION MAP 17 ace Lu-S � OAK WILL2 O-VE NEWARK T' 76071 �LL: (117) 469 3141 —ER --= �NER`TOONC 5 IMI, LP, _lT I I f CA �. 15251 FA, (972) 671-Ol. TRACTS llZl & IIF, THOMAS EASTER SURVEY, ABSTRACT NO. 474 & LOTS 1. 2RI. 3. 4 AND 5, BLOCK 5 CORNERSTONE BUSINESS PAM PAR-3 PROPERTIES CORNERSTONE BUSINESS PARK 11,572 ACRES 007 OF THE THOMAS — SURVEY, ABSTRACT NO- 474 SOUTHLAKF. -AS MR/DEA:LWEP fl- PROPERTA Hart, Gaugler 22 MAOKET �OQP I S"T" M n��St. l.. UlHLAKE. TX 76 IIGA L.: (817) 329-1635 X: (817) 329 -7330 0 0 z 0 m N 0 ;o o6 . (n z (.n 0 00 7 - oy 0 < m > C) Z 00 O RE 1 = mr 1 — u wxr V . M;z 0 0 z 0 m N 0 ;o o6 . (n z (.n 0 00 7 - oy 0 < m > C) Z 00 O SITE PLAN (ZA10 -065) SUBMITTED DECEMBER 17, 2010 (ORD. NO. 480 -439A) � tl no r 4. B s 0�000�0�0 a3 _.} 1 Er _ 000080 SILICON DRIVE HIM I 1I � tl no r 4. B s s� a3 _.} 1 Er � tl no r 4. B s ��6 Y _.} 1 Er _ L L �111� TEXAS DIGESTIVE DISEASE , Hart, Gaugler fii „� ■ g CONSULTANTS &Associates, IPC- srrsrLnrr B rs FA MA CORNFRTTONE RURME9a PARR APP]'POH a �' oP6vifPaw%ET Oo1JtaIP' Sns � O �� 119� �0 Case No. Attachment F ZA11 -027 Page 16 TREE CONSERVATION PLAN (ZA10 -§5 ) SUBMITTED DECEMBER 17,2010 (ORD. NO. 480- 39A) -- � -� j( Z Z ` mte qmm ®et m M i\� / / | * c �m�0�Dm����0�mm \�� ■�m����§ a ' | ; §� �± | ; ,,i ;, � • ()] /)° �m�0�Dm����0�mm ■�m����§ � � ] 2 , /_ E 7 • ƒ7A0 , .: HOA ° d PLAN z �Vive O � � !, Case No Attachment F Za11- 27 Page 17 O T r LL z ❑ W Q M W 00 V) O Z O ❑ N O z J a W a U Z J zs+RNr rxe. �u.w. rm �" IF�.ue �. to o¢r aw I I �ar�mu�lr ImFarelcmES ..�nsIw•lowvvFaewr �RVa®�.ruUw 4 r — r. � w eR;s�Ite<1nlFweuRmkrFaRmaEanao \ ' * n � iIAV RPa AroSxa wPto alrtFUlxXSR O /y III IACEBAER ELM.65 GU. III; AWF, WAR MYX-L aism eou ` , •'✓ O ? 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LAII .q� \` (311 VEO K IWGAL, 1 ID fCHECR PE,YR%E,3 GAL. tiI II'I.I INC #Nw BOVNAARV RFLIVI—F—1 [Ell. —RO1 -1 R..RFanEwsL " PO1S ®I5' O.C. srte o IR m f,� � - A PUN ScuE:l• =azv L� L7.7 LL 00 i+ r s a Q O c"I z o T U N w 0 T LU 15 00 c; z Lo 0 a) z 0 F- Lu -j Lu EM 1p 0 1 06i• W PARKING SMION o5 • PARKING ELEVATION 0 WFST ELEVATION 4-,- M .......... . . ... ... ■ FRYA N T BURTON KLFcLm rCM ail . CTI �G MOM Fim SD1.01 LL 0') T E Q C ; I- C z 9 T T N 02 K) UIH I LLLVA I IUN ol NUK I H LLLVA I IUN RENDERING (ZA10 -065) WITH REVISED COVERED PARKING SUBMITTED JANUARY 10, 2011 (ORD. NO. 480 -439A) RENDERINGS ZA10 -065) SUBMITTED NOVEMBER 22, 2010 (ORD. NO. 480 -439A) w5 0 SDIM Case No. Attachment F ZA11 -027 Page 20 CONCEPT /SITE PLAN (ZA11 -027) APPROVED (ORD. NO. 480 -4396) Reserved for approved concept /site plan Case No. Attachment F ZA11 -027 Page 21