Item 7ACITY 01
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
September 28, 2012
CASE NO: ZAl2 -075
PROJECT: Zoning Change & Site Plan for Clearview Eycare and Laser Center
EXECUTIVE
SUMMARY:
REQUEST
DETAILS:
ACTION NEEDED:
ETA areTel :IJi121 ki 11 &1
STAFF CONTACT:
Blake Architects, on behalf of Clearview Eyecare and Laser Center is requesting
approval of a Zoning Change and Site Plan from "S -P -1" Detailed Site Plan District to
"S -P -1" Detailed Site Plan District for Clearview Eyecare and Laser Center on property
described as Lot B, Block B, Briarwood Estates, City of Southlake, Tarrant County,
Texas; and located at 1980 E. SH 114, Southlake, Texas. SPIN Neighborhood # 4.
The proposed zoning change and site plan will allow for the construction of a 918 s.f.
surgery room addition to an existing 11,476 s.f. medical office building. The total
proposed building area will be 12,394 s.f.
The proposed "S -P -1" uses will amend the current parking regulations to allow for 71
spaces for 12,394 square feet of building or 1 space per 174 square feet of floor area.
1) Conduct a public hearing
2) Consider approval of a Zoning Change and Site Plan
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Site Plan Review Summary No. 2, dated September 26, 2012
(E) Surrounding Property Owners Map
(F) Surrounding Property Owner Responses
(G) Ordinance No. 480 -447a
(H) Full Size Plans (for Commission and Council Members Only)
Dennis Killough (817)748 -8072
Matt Jones (817)748 -8269
Case No.
ZAl2 -075
BACKGROUND INFORMATION
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PROPERTY LOCATION:
PROPERTY
DESCRIPTION
LAND USE CATEGORY:
CURRENT ZONING:
REQUESTED ZONING
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Clearview Eycare and Laser Center
Blake Architects
1980 E.SH114
Lot B, Block B, Briarwood Estates
Office Commercial
"S -P -1" Detailed Site Plan District
"S -P -1" Detailed Site Plan District
October 19, 2004, City Council approved a Zoning Change and Site Plan
(ZA04 -051) for S -P -1 zoning allowing C -2- Local Retail Commercial uses.
Consolidated Land Use Plan
The underlying land use designation of this property is "Office Commercial ".
The proposed addition to the medical office is consistent with the
recommended scope of uses under the "Office Commercial" land use
designation.
In addition, this property is included in the SH 114 Corridor Plan. The Corridor
Plan recommends office uses in the area.
N
CITIZEN INPUT
Case No.
ZAl2 -075
Pathways Master Plan & Sidewalk Plan
The Pathways Master Plan and Sidewalk Plan shows an 8' Muli -Use Trail
along E. SH 114 as well as an On- Street Bycicle lane. There is currently an 8'
path infront of the subject property along E. SH 114.
Typically a 5' sidewalk would be required with this development along
Briarwood Dr., however the City Engineer has determined that this requirement
is not "Roughly Proportional" to the development. Therefore the sidewalk will
not be required.
No SPIN meeting held has been held, a public hearing will be conducted at the
Attachment A
Page 1
Planning and Zoning Commission and City Council meetings
PLANNING & ZONING
COMMISSION: October 4, 2012; Approved (7- 0),subject to Site Plan Review Summary No. 2,
dated September 26, 2012 and Staff Report, dated September 28, 2012.
STAFF COMMENTS: This site shall comply with all regulations of the current "S -P -1" zoning except
as otherwise proposed by this case and approved by City Council. Attached is
Site Plan Review Summary No. 2, dated September 26, 2012.
Case No. Attachment A
ZAl2 -075 Page 2
Vicinity Map
Clearview Eyecare and Laser Center
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Case No. Attachment B
ZAl2 -075 Page 1
ZONING NARRATIVE
LAL B LA KF. ARCHI TECTS
1202 S. White Chapel Road 0 Suite A
Southlake, Texas 76092 817 - 488 -9397
September 17, 2012
Planning Department
City of Southlake, Texas
Ref: Clearview Eyecare: Case Number ZAl2 -075: SP -1 Regulations
Dear City of Southlake:
The purpose of this letter is to request "in- filling" four of the existing covered parking
spaces on the north (rear) side of the existing facility with a new surgery room. This
would reduce the number of parking spaces at this facility from seventy -five spaces to
seventy -one spaces.
Per this SP -1 the parking regulations would be as follows:
a. First 1,000 square feet of medical office: 8 parking spaces
b. Additional 9,857 square feet of medical office: 55 parking spaces
(179 square feet per parking space)
c. Retail Space: 1,537 square feet: 8 parking spaces
(200 square feet per parking space)
Total building square footage : 12,394 square feet
Total parking spaces: 71 spaces
(174 square feet per space)
Sincerely,
e�w) &A".,
I er (Skip) Blake, Architect
Case No. Attachment C
ZAl2 -075 Page 1
SITE PLAN
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Case No. Attachment C
ZAl2 -075 Page 2
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Case No.
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Attachment C
Page 4
SITE PLAN REVIEW SUMMARY
Case No.: ZAl2 -075 Review No.: Three Date of Review: 10/10/12
Project Name: Site Plan — Clearview Eyecare
APPLICANT:
Blake Architects
1202 S. White Chapel Blvd.
Southlake, TX 76092
Phone: (817) 488 -9397
Fax: (817) 251 -3205
Owner:
Clearview Eycare
2100 E. State HWY 114
Southlake, TX 76092
Phone: (817) 329 -2700
Fax: (817) 329 -8322
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
09/17/12 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
MATT JONES AT (817) 748 -8269.
1. Provide an updated landscape plan to reflect the existing as well as required landscape areas. The
landscape plan must be submitted in color.
Case No. Attachment D
ZAl2 -075 Page 1
Tree Conservation /Landscape Review
Case No. ZAl2 -075 Review No. One Dated: August , 2012 Number of Pages: 1
Project Name: Clearview Eyecare and Laser Center (Site Plan)
Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713
The following comments are based on the review of plans received on August 15, 2012 . Comments designated with a number
may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council.
Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department
representative shown above and make modifications as required by the comment.
TREE CONSERVATION COMMENTS:
No existing trees are proposed to be altered for the construction of the proposed building addition.
LANDSCAPE COMMENTS:
The proposed building addition does not exceed 30% of the existing building square footage or 5,000
square feet so only additional interior landscaping is required for 50% of the square footage of the
building addition (459 sq.ft.).
1 — Canopy Tree
2 — Accent Trees
11 — Shrubs
69 sq.ft. — Ground Cover
9 sq.ft. — Seasonal Color
2. The submitted Landscape Plan is the original Landscape Plan from 2004 and needs to be updated to
reflect the existing landscape and the new required landscaping.
4 - Indicates required items.
* - Indicates informational items.
Case No. Attachment D
ZAl2 -075 Page 2
Public Works /Engineering Review
Case No.
ZAl2 -075
Review No.
1
Date:
8/30/12
Number of Pages:
1
Project Name:
Clearview Eyecare & Laser Center Site Plan 1
Contact:
Alex Ayala — Civil Engineer
Email:
aayala@ci.southlake.tx.us
Phone:
(817) 748 -8274
Fax:
(817) 748 -8077
The following comments are based on the review of plans received on: 8/15/2012
It is the applicant's responsibility to contact the department representative shown above and
make modifications as required by the comment.
It] Ell 111 Ell :711 WaT197JiIJiI Ell h11&1
A ROW permit shall be obtained from the Public Works Operations Department for connections with the City's
sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748 -8082.
Use the City of Southlake GPS monuments whenever possible.
IMEF -]NI JiI Ell ill 11�'31
Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All
waterlines in easements or ROW must be constructed to City standards.
WATER AND SEWER COMMENTS:
* Water meters, water lines and sewer lines must be located in an easement or right -of -way.
Sewer line needs to be verified to insure the addition will not be built over the service.
DRAINAGE COMMENTS:
* The discharge of post development runoff must have no adverse impact on downstream properties and meet
the provisions of Ordinance # 605.
I ill 1 ;101Nkyi /el1[07► Fill Wd97Jil►yil Ell ill 11 &1'3a
* 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.
http:// www. citvofsouthlake. com/ Pub ]icWorks /engineeringdesign.asp
* An access permit from TxDOT is required prior to construction if any improvements are to be made along the
TxDOT right -of -way. Submit application and plans directly to TxDOT for review.
* Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
Case No. Attachment D
ZAl2 -075 Page 3
Informational Comments:
Typically a 5' sidewalk would be required with this development along Briarwood Dr., however the
City Engineer has determined that this requirement is not "Roughly Proportional" to the
development. Therefore the sidewalk will not be required.
This site shall comply with all regulations of the current "S -P -1" zoning except as otherwise
proposed by this case and approved by City Council.
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 65 or 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 fully corrected site plan,
landscape plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be paid.
Denotes Informational Comment
Case No. Attachment D
ZAl2 -075 Page 4
••
1.
Owner
T2T Property Holdings Llc
01
Mixed Use, Mixed Use
1.01
Respo
NR
2.
T2T Property Holdings Llc
01
Mixed Use, Mixed Use
1.02
NR
3.
T2T Property Holdings Llc
01
Mixed Use, Mixed Use
0.99
NR
4.
Reynal, John Etux Beverly S
MF1
Mixed Use
1.14
NR
5.
Van Til, John J
MF1
Mixed Use
1.01
NR
6.
First Financial Trust & Asset
MF1
Mixed Use
0.98
NR
7.
Halim, Emil A
MF1
Public /Semi - Public, Mixed Use
0.96
NR
8.
Harris, Kimberly Susan
SF1 -A
Public /Semi - Public, Mixed Use
0.94
NR
9.
Ekstrom, Delton E
SF1 -A
Mixed Use
0.99
NR
10.
Fusselman, Bruce Etux Michelle
C3
Mixed Use, Office Commercial
1.80
NR
11.
Coty, Rita
SF1 -A
Mixed Use
1.00
NR
12.
Clth And Ar Associates Inc
MF1
Office Commercial, Mixed Use
0.50
NR
13.
Clth And Ar Associates Inc
MF1
Mixed Use
0.50
NR
14.
Paradis, Thomas
MF1
Mixed Use
0.94
NR
15.
Van Til, Robert Etux Bonnie
MF1
Mixed Use
1.15
NR
16.
Moss, Angelia J Etvir Jack A
SF1 -A
Mixed Use
1.09
NR
17.
Kaufman, James C & Denise Hine
SF1 -A
Mixed Use
1.35
NR
18.
Perkinson, Douglas Able
SF1 -A
Mixed Use
1.03
NR
19.
Towry, John Earl
SF1 -A
Mixed Use
1.13
NR
20.
Hames, Jesse Etux Carol
MF1
Office Commercial, Mixed Use
1.03
NR
21.
Cardarelli, Paul & Doris
C2
Office Commercial, Mixed Use
1.05
NR
22.
Lr Southlake Partners Lp
SP1
Office Commercial, Mixed Use
1.53
NR
23.
Bth & Ra Associates Inc
MF1
Mixed Use
0.54
NR
24.
Briarwood Townhomes Lp
MF1
Mixed Use
0.57
NR
25.
Driggers, Randall D Etux Debor
SF1 -A
Mixed Use
1.06
NR
26.
Ojo, Oluwasanjo J
SF1 -A
Mixed Use
1.07
NR
SURROUNDING PROPERTY OWNERS
Clearview Eyecare and Laser Center
Case No. Attachment E
ZAl2 -075 Page 1
27.
Pafel, Thomas D Etux Marcia L
SF1 -A
Mixed Use
1.05
NR
28.
Brown, Ronni Etvir Richard
SF1 -A
Mixed Use
1.29
NR
29.
Mc Properties Inc
SP1
Office Commercial, Mixed Use
1.14
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent:
Responses Received:
Twenty Six (26)
None (0)
NR: No Response
Case No. Attachment E
ZAl2 -075 Page 2
PROPERTY OWNER RESPONSES
I ill [•TiT'
Case No. Attachment F
ZAl2 -075 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -447a
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT B,
BLOCK B, BRIARWOOD ESTATES; AND BEING 1.523 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2"
LOCAL - RETAIL DISTRICT USES TO "S -P -1" DETAILED SITE PLAN
DISTRICT WITH "C -2" LOCAL - RETAIL DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO
THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "S -P -I" DETAILED SITE
Case No. Attachment G
ZAl2 -075 Page 1
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 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
Case No. Attachment G
ZAl2 -075 Page 2
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant
County, Texas, and being approximately 1.523 acres, and more fully and completely described
in Exhibit "A ", and subject to the following specific conditions:
1. The proposed "S -P -1" uses will amend the current parking regulations to allow for 71
spaces for 12,394 square feet of building or 1 space per 174 square feet of floor area.
SECTION 2.
Case No. Attachment G
ZAl2 -075 Page 3
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
Case No. Attachment G
ZAl2 -075 Page 4
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
Case No.
ZAl2 -075
Attachment G
Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 16 day of October, 2012.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 6 th day of November, 2012.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
Case No.
ZAl2 -075
Attachment G
Page 6
ADOPTED:
EFFECTIVE:
Case No.
ZAl2 -075
Attachment G
Page 7
EXHIBIT "A"
Being Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388 -139, Pages 7 & 8, Plat Records, Tarrant County, Texas.
Case No. Attachment G
ZAl2 -075 Page 8
EXHIBIT `B"
RESERVED FOR APPROVED SITE PLAN
Case No. Attachment G
ZAl2 -075 Page 9