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480-224
CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -224 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 APPROXIMATELY 109.33 ACRES SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481, TRACTS 2A AND 3A AND A PORTION OF TRACT 3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL COMMERCIAL DISTRICT TO "NR -PUD" NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "C -3" GENERAL COMMERCIAL DISTRICT USES, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C -3" General Commercial 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 L:\CTYDOCS\ORD\CASES\480-224.PUD Page 1 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 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: L:\CTYDOCS\ORD\CASES\480-224.PUD Page 2 Being a 109.33 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, Tracts 2A and 3A and a portion of Tract 3, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "C -3" General Commercial District to "NR -PUD" Non - Residential Planned Unit Development District with "C -3" General Commercial District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". The use of the above property shall further be subject to the conditions, restrictions and limitations set forth in the Development Standards contained in Exhibit "B ". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any L:\CTYDOCS\ORD\CASES\480-224.PUD Page 3 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 /1 day of , 1996. i' w' oil ATTEST: &,oe�U CITY SECRETARY PASSED AND APPROVED on the 2nd reading the —L day of , 1997. ����iii� . �. G� ATTEST: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-224.PUD Page 4 EFFECTIVE: / v 6f APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-224.PUD Page 5 EXHIBIT "A" BEGINNING at a found 5/8 inch iron rod in the south right -of -way line of State Highway 114 (Northwest Parkway) (a 200 foot R.O.W.), said point being the southeast corner of a tract of land, conveyed to Greenway- Carroll Road Partners, recorded in Volume 11445, Page 1627, Deed Records, Tarrant County, Texas, said point also being the most northerly, northeast corner of Fechtel tract; THENCE South 47 0 56'15" East, along said south right -of -way line, a distance of 171.70 feet to a Texas Highway Department monument found for corner, said point being the point of curvature of a curve to the left, having a delta of 17 0 26'51 ", a radius of 5,839.58 feet and a chord bearing and distance of South 56 1 3941" East, 1,771.38 feet; THENCE southeasterly, continuing along said south right -of -way line and along the arc of said curve to the left, a distance of 1,778.25 feet to a 1/2 inch iron rod with cap found for corner said point being the northeast corner of said Peterka tract and the northwest comer of a twenty foot strip of land, conveyed to Diamond Shamrock Corp., recorded in Volume 6812, Page 2108, Deed Records, Tarrant County, Texas; THENCE South 00 0 01'16" East, leaving said south right -of -way line and along the east line of said Peterka tract and the west line of said Diamond Shamrock tract, a distance of 1,517.13 feet to a 1/2 inch iron rod with cap found for comer in the north right -of -way line of Southlake Boulevard (F.M. 1709) (a 130 foot R.O.W.), said point also being the southeast comer of said Peterka tract and the southwest comer of said Diamond Shamrock tract; THENCE North 89 1 3955" West, along said north right -of -way line, a distance of 820.00 feet to a 1/2 inch iron rod with cap found for comer; THENCE North 88 °55'18" West, continuing along said north right -of -way line, a distance of 505.52 feet to a 5/8 inch iron rod found for comer, said point being the southwest comer of said Peterka tract and the southeast comer of said Fechtel tract; THENCE North 88 0 54'16" West, continuing along said north right -of -way line, a distance of 1,261.13 feet to a 5/8 inch iron rod found; for comer, said point being the southwest comer of said Fechtel tract, said point also being the intersection of the north right -of -way line of said Southlake Boulevard and the east right -of -way line of North Carroll Avenue (a variable width R.O.W.); THENCE North 00 0 11 1 06" West, along said east right -of -way line, a distance of 987.22 feet to a point for corner; L:\CTYDOCS\ORD\CASES\480-224.PUD Page 6 THENCE North 89 0 58'44" East, leaving said east line, a distance of 529.87 feet to a point for corner; TH_ ENCE North 00 11'07" West, a distance of 170.36 feet to a point for corner; TH_ ENCE North 29 0 48'53" East, a distance of 120.00 feet to a point for comer; TH_ ENCE North 14 0 48'53" East, a distance of 968.51 feet to a point for corner; THENCE North 60 West, a distance of 71.90 feet to a point for comer; THENCE North 89 West, a distance of 420.30 feet to a found 112 inch iron rod at the southeast comer of the Richards Eads No. 481 Addition, recorded in Cabinet A, Slide 585, Plat Records, Tarrant County, Texas; THEN E North 00 0 03 1 41" East, a distance of 326.45 feet to a 5/8 inch iron rod found for comer in the south line of said Greenway tract, said point being the northeast comer of said 481 Addition and the most northerly, northwest corner of said Fechtel tract; , THEN E South 89 °53'32" East, a distance of 630.23 feet to a point located in the said south right -of- way line of State Highway 114 and the POINT OF BEGINNING and CONTAINING 4,762,401 square feet or 109.330 acres of land more or less. L: \CTYDOCS \ORD \CASES \480- 224.PUD Page 7 wTJTRTT "R" CONCEPT PLAN � •- ..__ -_' –__ for Proposed Non - Residential P.U.D. District Southlake, Tarrant County, Texas October 14. 1996 \J PO L 1.1 V -- 1. """ IXEO USE o RICH RD EADS T L oP g �s� AG 1 r � ' lF MIXED USE - i FCP 1. — C3 tia MIXED W00o -- - - - - -- -,,; USE ��G ` r !t CITY CS O ®" _• ] . ! �x ALL - w Q .......... NI. ' -x - xl �m i , ® AG ! f� MIXED 0 � �l VZ O �USE ® � •AG N MIXED �. .._. ® USE O IN O t MIXED ...Q USE ' •• �-�.: ..._ p wxI , y ♦ •/ VILLAGE CENTER u•' ~ N , A`~ d RUSE 2 AG I XED C3 USE G f :O M : A �' ••• .� iu]:si L —.. - - _MIXED US E _AG AG SAG ® � r m m O 'p C1 , .. � C2 ].!. K NEDIUN NEDIw SP2 ~~ �� DENsITT a TT GOP -" .sD -s]A O1 RESIDENTIAL We 01 • sIDENTI. .� l AP D011C PLAN ' v I L __ SWTK C ON MIXED USE .[6 -] ]01 MIXED USE Fm .z>.�clu la¢>t: ry ■stn +ac+_'c c�i�_ - -�;r� cNZ -�.ra n_rcr_ -i: nr,rrun �rc�ca[ coo- -� ■:1�1 oI� Ii�R:. _�::J� Z Z Z Z Z¢ir.rr[m M{ - .NKYK I. ue II.a I I m "o SOUTHLAKE TOWN CENTER ' � �;, "® " RIALTO DEYEIAP!(ENT' CONCEPT PLAN LACTYD0CS\0RD \CASES \4W224.PUD RECD DEC 0 91996 Page 8 I EXHIBIT "B" DEVELOPMENT REGULATIONS In this P.U.D., the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Permitted uses shall be in accordance with the C -3 Zoning District except as otherwise provided below. b. Non - Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. C. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ( "Specific Use Permit "): ' Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. pudxmarch.wpd. Development Regulations FINAL "M1 RECD JUL 2 81997 Non mechanical penthouses intended for human occupancy. Mortuaries, funeral homes and undertakers. Plumbing and heating appliance repair and installation services, except where such services are provided incidental to the retail sale of plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. d. Outdoor Displays and Sales - The following outdoor displays and sales shall be permitted: 1. Outdoor temporary removable displays and sales for fairs, festivals and other special events held in outdoor spaces by Specific Use Permit. 2. Outdoor vendor sales (with accessory display and storage) in temporary or movable structures, including but not limited to sales of seasonal merchandise, fruit and vegetable market sales, sales of arts and crafts items, sales of specialty food items, and sales of a similar nature, subject to prior approval as to any such use by Specific Use Permit. Locations for outdoor vendor sales shall be approved as part of development plan or site plan review, as determined by the City Council. 3. Sales from kiosks at locations approved as part of an approved development plan or site plan, subject to prior approval as to any such use by Specific Use Permit. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C -3 district. hi addition, the following accessory uses shall be permitted: outdoor dining and seating areas street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this P.U.D., the following development regulations shall be applicable: a. Building Height: Subject to the clarifications and modifications listed below, no building shall exceed three (3) stories, nor shall it exceed fifty -two (52) feet in height. Nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in Ordinance 480, Section Q.e.4.g f , unless specifically exempted: pudxmarch.wpd. Development Regulations FINAL DR -2 1. The reference datum shall be established by the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right -of -way, a maximum building height of fifty -seven (57) feet shall be permitted. 3. In the event a Building for a City Hall facility is located on the block bounded by Street 3, Street D, Street 4 and Street C, such building may be built to four (4) stories or sixty -five (65) feet in height; 4. No maximum number of stories shall be applied to parking structures; provided, however, in no event shall parking structures exceed forty-two (42) feet in height as measured from the ground elevation; provided, however parking structures shall be permitted to a height not to exceed fifty (50) feet by Specific Use Permit; Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, and shall be exempt from the maximum elevation limitation of Section 43.9.c.1(g)i. of the Comprehensive Zoning Ordinance; 6. Mechanical penthouses ancillary to the uses below, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, or other mechanical equipment may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 3.a.5. Penthouses intended for human occupancy and ancillary to uses within a building may be allowed pudxmarch.wpd. Development Regulations FINAL 101 Val by Specific Use Permit as determined by the City Council in connection with development plan or site plan review. b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard is required: 1. Buildings along Highway 1709 and the east right -of -way of North Carroll Avenue shall maintain a minimum thirty -two (32) foot setback; provided, however, in areas where right -of -way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. In the event the North Carroll Avenue right -of -way has not been established at the time of development plan or site plan review, the setback shall be maintained from the projected east right -of -way of North Carroll Avenue based on information available at the time from the City of Southlake. No service drives, parking sidewalks greater than six (6) feet in width, or other impermeable surfaces shall be permitted within the setback herein provided unless buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along F.M. 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right -of -way of State Highway 114; provided, however, in the event such right -of -way has not been established at the time of development plan or site plan review, the setback shall be maintained from the projected right -of -way of State Highway 114 based on information available at the time from the Texas Department of Transportation. As to all other P.U.D. boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the P.U.D. C. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100 %. However, the maximum aggregate lot coverage for all buildings as a percentage of the P.U.D. as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty -five percent (55 %). d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, pudxmarch.wpd. Development Regulations FINAL 11N), .! as determined by the City Council in connection with development plan or site plan review. e. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by F.M. 1709 to the south, Street "5" to the north, Street "C" to the east and Street "D" to the west. f. Building Orientation: Any Building (excluding parking garages and other accessory buildings) within one hundred fifty (150) feet of a public right -of -way shall either face such right -of -way or shall have a facade facing such right -of -way in keeping with.the character of the main facade. g. Building Phasing: Buildings adjacent to F.M. 1709 and North Carroll Avenue, as well as those buildings facing the 3 block "Town Square" district (defined as that buildable area bounded by F.M. 1709, Street C, Street 3, and Street D, excluding a building on the block bounded by Street 3, Street D, Street 4 and Street C) shall be constructed prior to the construction of any above - ground structured parking behind such buildings. h. Facade Articulation: Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.1(c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade articulation. Nothing in this paragraph shall require the retrofitting of an existing building. 4.0 Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right -of -way, provided that i) no projection shall be permitted into a public easement or right -of -way along F.M. 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non - injurious manner: a. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. pudxmarchmpd. Development Regulations FINAL DR -5 b. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. C. Architectural Projections, including bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-two (42) inches into a required yard or beyond the building face. d. No portion of an architectural projection described in Sections 4.0a, b and c above less than eight (8) feet above the ground elevation may extend more than forty- eight (48) inches into a required yard or beyond the building face. e. Canopies and/or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb. Ground - mounted supports for items in this Section 4.Oe may be approved as part of development plan or site plan review, as determined by the City Council. f. Below -grade footings approved in connection with building permits. 5.0 Off - Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On- street as well as off - street parking shall be permitted within the P.U. D. b. Up to twenty -five percent (25/0) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on- street and shall be limited to off - street parking locations. Each compact space shall be clearly designated. C. Required parking shall be located and maintained anywhere within the P.U.D. On- street parking and shared parking anywhere within the P.U.D. may be counted toward the off - street parking requirement for the P.U.D. d. Where on- street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on- street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. pudxmarchmpd. Development Regulations FINAL MM. e. The parking requirement for office uses set forth in Sections 35.6.b(6)(a), (c) and (d) of the Comprehensive Zoning Ordinance is one (1) parking space for 330 square feet of floor area. f. The parking requirement for all retail uses set forth in Section 35.6.b(5)(a) and (e) of the Comprehensive Zoning Ordinance is one (1) parking space for 220 square feet of floor area. g. Cumulative parking tabulations shall be submitted with each site plan and/or development plan. 6.0 Off - Street Loading: With the following exceptions, off - street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10'x 25' regular size space 10'x 50' large space b. The calculation of the minimum number of off - street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: 1. Number of spaces: Office Uses or portion of building devoted to office uses 0 - 49,999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 - 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size 0 - 9,999 sf 0 spaces 10,000 - 49,999 sf* 1 regular space 50,000 - 99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 12 large spaces pudxmarch.wpd. Development Regulations FINAL L DR -7 Restaurant Uses with the following Tenant size 0 - 9,999 sf 0 spaces 10,000 sf and up* I 1 regular space *The loading requirement for multiple tenants that are each 10, 000 sf or larger may be combined within a single building and treated as a single tenant. 2. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 7.0 Streets and Sight Triangles: Within the P.U.D. the following street design standards shall apply: a. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with F.M. 1709, Carroll Avenue and State Highway 114. These sight triangles shall be the triangle created by connecting a point which is'ten (10) feet into the site along the right -of- way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right -of -way line. See Exhibit A attached hereto and incorporated herein by reference for examples of the sight triangle provisions of this Section 7.0.a. b. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. C. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. pudxmarch.wpd. Development Regulations FINAL %M-1 8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of the Comprehensive Zoning Ordinance except screens comprised of planting materials and located within bufferyards along the boundary of the P.U.D. shall be exempt from the architectural fencing offset requirements of Section 43.9.c. L(e). 9.0 Above Grade Structured Parking - The following exemptions shall apply to above grade structured parking facilities: a. Above grade structured parking facilities shall be exempt from the accessory building limitations of Section 34.2 of the Comprehensive Zoning Ordinance, provided that such facilities meet the applicable requirements of these Development Regulations for principal buildings, except for number of stories which is not limited (subject to the maximum height limitation as set forth in Section 3.Oa of.these Development Regulations); provided, however, that the Horizontal and Vertical Articulation requirements of Section 43.9 of the Comprehensive Zoning Ordinance shall not apply, except that, subject to the limitations set forth below, Vertical Articulation shall be provided at elevations visible from North Carroll Avenue between State Highway 114 and F.M. 1709, or F.M. 1709, and/or are visible from a tract zoned residential and/or designated as low or medium density residential on the Land Use Plan, the property line of which is within four hundred (400) feet of such parking structure. In addition, any such visible elevations shall have a solid parapet wall of not less than forty-six (46) inches and shall utilize colors consistent with the surrounding principle buildings. The following exceptions to the above limitations shall apply: (i) elevations visible between gaps between buildings of fifty (50) feet or less shall be exempt from the Vertical Articulation requirements; and (ii) elevations which are set back behind a building pad for a future building, which building has not yet been built as of the date the parking structure is built, shall be exempt from the Vertical Articulation requirements for a period of three (3) years until such time as the future building is built; provided, however, in the event such building has not been built within such three (3) year period, the parking structure shall thereafter be modified to comply with such Vertical Articulation requirements or in the alternative shall be screened with trees or other appropriate planting materials until the time that such building is built. If screening is used, the method and type of screening shall be subject to the City's approval. One specific exception to the time frames nominated above is made as to the block bounded by Street 3, Street D, Street 1, and Street C whereby the time limitation referenced herein is reduced from three (3) years to two (2) years. pudxmarch.wpd. Development Regulations FINAL b. If not abutting a right -of -way, above grade structured parking facilities shall be provided with adequate access from public right(s) -of -way via private drive(s) and/or access easements. 10.0 Accessory Structures - The following restrictions shall apply to accessory structures: a. With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. 1. park pavilions or bandshells 2. above grade structured parking facilities. No item listed above shall exceed fifty -two (52) feet in height or, in the case of above grade structured parking facilities, the lesser heights allowed under Section 3.Oa of these Development Regulations, nor shall it exceed, where applicable, the maximum elevation limitation of Section 43.9.c.I (g)i. of the Comprehensive Zoning Ordinance b. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. 11.0 Minimum Width of Enclosed or Partially Enclosed Open Space -In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following definitions and requirements for minimum Court widths shall apply: a. Minimum widths shall be based on the following schedule: COURT TYPE MINIMUM WIDTHIAREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide. pudxmarch.wpd. Development Regulations FINAL DR -10 b. For purposes of subpart a. of this section, the following definitions shall apply: C ourt: An unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines, or yards. Not a court niche. Court. closed A court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche Not a court. An indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Open Court: A court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. 12.0 Interior Landscape Areas - Specific requirements for interior landscape areas shall be determined at the time of development plan or site plan review, as determined by the City Council. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. 13.0 Irrigation - Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought- tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 14.0 Realignment of North Carroll Avenue All land uses within the proposed P.U.D. shall be in accordance with allowable uses in C -3 zoning, as modified by the development regulations of this P.U.D.; provided, however, in the event any property within the P.U.D. shall become located west of the North Carroll Avenue right -of -way due to the City pudxmarchmpd. Development Regulations FINAL DR -11 acquiring additional right -of -way and realigning North Carroll Avenue to the east as shown on the Concept Plan, such property to the west of North Carroll Avenue shall be used and developed only in a manner consistent with all zoning or other development standards that would apply to property that is zoned C -3 under the Comprehensive Zoning Ordinance of the City of Southlake. 4 pudxmarch.wpd. Development Regulations FINAL DR -12 r FM 1709 OR SH 114 40' = 4 0' ------ •--- - - - - - R.O.w. I • - - - - -- - - - - - -- -- - -- - ° R.O.w. � I I � I � I � I � w 3 I I 3 � I I I I LEGEND: SITE TRIANGLE FIGURE 7A SIGHT TRIANGLE DIAGRAM BARTON-ASCHMAN ASSOCIATES, INC. © •ARSONS i1iAN3P0RTATnry CROV Rialto Development - Southloke Town Center — Exhibit A StarTe1egranI. FED. I.D. NO. 22-3148254 AD ORDER NO. 10287264 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE INCHTOOTLINE RATE AMOUNT 12/20MB 1028726[1 NOTICE OF PUBLIC I358 1x 90L 90 . 66 59 . 40 PUBLIC HNOTIEARING 12/20-1 2/? NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on Janu- ary 7 1997 at 6:00 p.m.in G the ' Council Chambers of the City Halt, 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF E 0-2ORDINU NO480- 24 AN ORDINANCE AMENDING I ' ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF )UTHLAKE, TEXAS' CANTING A ZONING SIG `� 1ANGE ON A CERTAIN tACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE,TEXAS BEING LEGAL- . LY DESCRIBED AS BEING SWORN TO BEFORE ME, THIS THE 24t-h DAY OF DECEMBER , APPROXIMATELY 109.33 ACRES SITUATED IN THE RI- CHARD FADS SURVEY, AB- -.i`. ,n`h • STRACT NO. 481, BEING `' `!%a, RHONDA R. GOKE Notary Public -- \_k.NN `l�-l`�. `�C - TRACTS 2A AND 3A AND A %:` ••r„ PORTION OF TRACTS 3, ,yi i•i COMMISSION EXPIRES AND MORE FULLY AND r ? :,,,5 COMPLETELY DESCRIBED # •-- IN EXHIBIT "A" FROM "C-3" S r.,,,E.......„ E SEPTEMBER 8, 1999 # TARRANT COUNTY,TEXAS GENERAL COMMERCIAL DIS- �:i oi s TRICT TO "NR-PUD" NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT DIS- TRICT WITH"C-3"GENERAL COMMERCIAL SUBJECT TTO THE TSPE-D ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CORRECTING THE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A — OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING OR- INK,THE PUBLIC DETERMINING �`r F EST, MORALS AND GENER- OFFICE OF AL WELFARE DEMAND THE ZONING CHANGES AND V�� SECRETARY AMENDMENTS HEREIN dram r MADE PROVIDING THAT REMIT TO: 400 W. SEVENTH ST. •FORT WORTH.TEXAS 76102 THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ING BILITY CLAUSE;PROVID-L 14 PENALTY FOR VI- ACCOUNT C I T 5 7 AMOUNT 59. 40 NUMBER DUE PRO A SAVINGS CLF LIC , PROVIDING FOR C AL '\TION IN THE OFFI- PAGE 1 OFI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CROVICING AN PEFFECT EFFECTIVE DATE. iECTION 7. Any per,on, firm or corpora- tion W'3 violates, disobeys, omltsneglects, or refuses Sosts ply with or who re- of tt1e enforcement of any, nanprovisions of this ordl- shall be fined not ro3than two thousand dol- ten2EacOh0da0ylthatavio°a- OF SOUTHLAKE tiOi permitted to exist 0 onstitute a separate J C A R R O L L. A V E Sla , thiaked dLAKE , TX 76092-9595 59. 40 # PLEASE PAY yQiiretary___ THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10371045 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 57 OSTATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO, DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 1/10ME 10371045 CITY OF SOUTHLAK 1358 lx 78L 78 . 66 51 . 48 CITY OF - 01/10-01/h0 SOUTHLAKE,TEXAS ORDINANCE NO.480-224 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPRE- NANCEEOFZOTHEIN GCITY ROF SOUTHLAKE, TEXAS I- GRANTING A ZONING CHANGE ON A CERTAIN-- TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, BEING AP- PROXIMATELY09 33 ACRES SITUATED IN THE RI- CHARD EADS SURVEY AB- STRACT NO. 481, TRACTS 2OFAND 3A AND A PORTION TRACT 3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" ROM"C-3"GENERAL COM- RCIAL DISTRICT TO "NR- NON-RESIDENTIAL NNED UNIT DEVELOP (:;airE'tDb,,..NstS........SZ: :•j...\..,__Nri\N,_N„.i -:) - NT DISTRICT WITH"C-3" ENERAL COMMERCIAL DIS- TRICT USES, SUBJECTo TO TAIN MENTSSCONED INTHS SWORN TO BEFORE ME, THIS THE DAY OF 1997 ORDINANCE; CORRECTING1'�t h JA-N4LTARY r Evey)E--b PRE OFFICIAL ZONING MAP; //�� `��c PRESERVINGALLHZONING 1.�y ►�/1 ^A PORTIONSORDINANCE; THE ZONING t•..co Notary Public �J l.G 1'` DETERMINING tP��••��•.c�� THAT THE PUBLIC INTER- O arp/, RHONDA R. COKE EST, MORALS AND GENER- ALWELFARE DEMAND THE t•i' '� COMMISSION EXPIRES ZONING CHANGES AND 010. , TARRANT COUNTY,TEXAS AMENDMENTS HEREIN 47r. ' SEPTEMBER 8, 1999 MADE' PROVIDING THAT IM,.r5F•SFr +fir THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- ..wav '`' NANCES PROVIDING A SEV- ERABILITY CLAUSE;PROVID- ING FORA PENALTY FOR VI- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OLATION HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----..A — PUBLICATION IN THE OFFI- CIAL NEWSPAPER' AND PROVIDING AN EFFECTIVE DATE. 1 (!)Litit, Section 7.Any person,firm or corporation who violates, Somits, neglects or refuses to comply with or who re- siof th he ns of nt of ardi- ra m of the provisions of this ordi- nance REMIT TO: , 400 W. SEVENTH ST. •FORT WORTH,TEXAS 76102 nance shall be fined not more than Two Thousand Dollars 152,000.00) for each offense.Each day that ACCOUNT C I T 5 7 AMOUNT 51. 48 a violation is permitted to ex- NUMBER DUE ist shall constitute a sepa- rate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE PAGE 1 Oa ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE THIS THE 7TH DAY OF JANNIUARY, 1997. Rick Stacy, Mayor of South- lake Attest: Sandra L. LeGrand, City Secretary Approved as to form:E.Allen Taylor Jr.,City Attorney S CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 1 51. 48 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED