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Item 7C CITY OF SOUTHLAI<,-E Department of Planning & Development Services STAFF REPORT May 31, 2016 CASE NO: ZA16-034 PROJECT: Zoning Change and Site Plan for Christ Our King Church EXECUTIVE SUMMARY: Christ Our King Church is requesting approval of a Zoning Change and Site Plan from "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses to "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses and other church related uses in order to remove the required landscaping in the north, south, and east bufferyards and the mechanical screening from the previously approved site plan on approximately 3.93 acres located at 595 S. Kimball Avenue. SPIN Neighborhood # 8 DETAILS: Christ Our King Church is requesting approval of a Zoning Change and Site Plan to revise the landscaping plan from the approved site plan to remove the landscape bufferyards requirements on portions of the north, south, and east property lines and the required mechanical screening west of the building currently under construction. Four additional trees will be placed in the rear parking lot in tree wells within the parking lot. The applicant is seeking approval for a regulation to allow for screening of mechanicals and transformer to be achieved with 8' staggered wood fence and landscape planting as shown in Attachment C, pages 7-9. The approved site plan (ZA14-028) required a masonry wall with gate matching the building masonry. The applicant is seeking relief to the Zoning Ordinance, Section 42, Bufferyards for portions of the north,south and east bufferyards. Letters of support from the adjoining property owners are included in Attachment C, pages 4 and 5. All other landscaping will be installed according to the approved landscape plan. Site Data Summary Chart (no changes from ZA14-028): Previous) A roved ZA14-028 Proposed Gross Acreage 3.93 3.93 Existing Zoning S-P-1 S-P-1 Proposed Zoning S-P-1 S-P-1 Impervious Coverage 44% 44% Open Space % 47% 47% Existing Tree Cover on Site 20.5% 20.5% Number of Lots 1 1 Number of Buildings 2 2 Church Floor Area 10,588 sq.ft. 10,588 sq.ft. Maximum Storage Building 1,000 square ft. 1,000 square ft. Floor Area Parking Calculation 1 space for 3 seats in 1 space for 3 seats in sanctuary/auditorium sanctuary/auditorium Provided Parking 100 spaces 100 spaces Maximum Seating Permitted 300 Seats in sanctuary/auditorium 300 Seats in sanctuary/auditorium Case No. ZA16-034 Listed below are the approved development regulations for the site under planning case ZA14-028 with the proposed development regulation changes shown in red lettering for the current zoning change and site plan request: This property shall follow the "CS" zoning district uses limited to religious institutions with the following exceptions: • Allow for a non-occupied accessory use storage building near the east end of the property. • Allow for an occupied structure (church) to be located on a property that falls within the 75 LDN corridor (ref. ordinance No. 479) provided that the occupied structure itself does not encroach the 75 LDN corridor. • Permit programs outside normal services and Sunday school to include daycare and programs like Mother's Day Out. • Vary from property setback slope restrictions as shown on plan. • Vary from 8' fence along residential adjacency to allow for screening as shown on landscape plan and as agreed to by current adjacent owners. All existing fencing to remain. • Vary from bufferyard requirements on the north, east and south property lines. • Allow for screening of mechanicals and transformer to be achieved with 8' wood fence and landscape planting. The Bufferyard Chart (ZA14-028) is shown below with the proposed changes to the previously approved development regulations in red lettering: Length Width/ Canopy Accent Shrubs Fence/ Comments Type Trees Trees Screening Required 819.92' 10'-C 25 33 98 None 5 Existing trees, Provided 819.92' 7 2 0 None existing natural buffer Required 208.70' 10' -C 6 8 25 8' Fence Natural vegetation per agreement with Provided 208.70' 0 0 0 None adjacent land owner Required 819.92' 10'-C 25 33 98 8' Fence Natural vegetation per agreement with adjacent land owner. Provided 819.92' 0 0 0 None Existing trees, existing buffer Required 208.70' 10' -E 2 4 17 None Existing natural buffer Provided 208.70' 0 0 0 None ACTION NEEDED: Consider a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 2, dated May 11, 2016 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-661a STAFF CONTACT: Ken Baker 817-748-8067 Patty Moos 817-748-8269 Case No. ZA16-034 BACKGROUND INFORMATION OWNER: Christ Our King Church APPLICANT: Christ Our King Church PROPERTY SITUATION: 595 S. Kimball Ave. LEGAL DESCRIPTION: Lot 5, Meadow Oaks Subdivision LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses HISTORY: According to Tarrant Appraisal District, a single family home was constructed on the subject lot in 1984. In July of 1979 a plat was filed with Tarrant County for Meadow Oaks Subdivision which included the subject lot. April 15, 2014; City Council approved (7-0) pursuant to site plan review summary No. 3 dated March 14, 2014 approval of driveway centerline spacing variance noting the accessory building will be constructed of the same building materials as the sanctuary building any future access shown on the site plan will require separate easement agreements and access agreements for adjacent parcels and including the ornamental iron fencing as noted on the site plan to enclose the playground. (ZA14- 028) CITIZEN INPUT: No SPIN meeting was held for this request. SOUTHLAKE 2030: Mobility Master Plan On the City's Thoroughfare Plan within the Mobility Master Plan, S. Kimball Avenue is shown to be a 88-foot, 4-lane divided arterial (A4D) and is built as such today. The Active Transportation section of the City's Mobility Master Plan recommends an 8-foot or less sidewalk along S. Kimball Avenue. The applicant will be constructing the 6-foot sidewalk along S. Kimball Avenue with the current construction project. TREE PRESERVATION: There was approximately 44% tree coverage on this site prior to development. The applicant indicated that they will preserve 20% of the existing tree cover on site (ZA14-028) and has removed approximately 55% of existing tree cover. The "S-P-1" zoning district does not require the applicant to preserve any minimum amount of trees, but rather makes their tree preservation plan subject to City Council's approval. Case No. Attachment A ZA16-034 Page 1 The applicant is not proposing any changes to the tree preservation. UTILITIES: Water The site has access to an existing 6-inch water line stub available along S. Kimball Avenue. Sewer The site has access to an 8-inch sewer line that runs along S. Kimball Avenue. PLANNING AND ZONING COMMISSION: May 19, 2016; Approved (4-0) as presented and subject to the Staff Report dated May 11, 2016 and to the Site Plan Review Summary No. 2 dated May 11, 2016. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated May 11, 2016. IISLKSV10571THLocallcommunity DevelopmentlMEMO12016 CasesM4-ZSP-The Church of Christ Our KinglStaff Report Case No. Attachment A ZA16-034 Page 2 Vicinity Map Church of Christ Our King S VILLAGE CENTER DR w SH11 0 w 2485 Z Q a j Y Q w �O M = w H D O U U O N 5 Np 21122116 2120 2124 2128 2132 2136 KIMB 5 2109 2117 2121 2125 2129 2133 2137 C3 w O N N N c�On M� 71 N 0 N r l�� 720 V .�•y N ZA16-034 W Zoning Change r S and Site Plan 0 200 400 800 Feet Case No. Attachment B ZA16-034 Page 1 Plans and Support Information Approved Site Plan (ZA16-034) NVId 311S =-_ S pVG svxaa e3Nv iHiLnos Naanio ON1M ano 1s1aNa ex$6ff�€e 1 V 00 CA M13 1 .l 1 •7 f ilk y !e e! !fie ad i 'I'• � s l 1 •�•� �e� �p`,t1 !! � •��eru ';�;.'�i•'•'' .Y: x tie 33;y:tt e _ c t�3AV llV9WiM5 !� w No. Attachment C ZA16-034 Page 1 Narrative DAdams May7,7016 City of South lake Department of Planning&Development Services 1400 Main Street,Suite310 SouthIake,TX76092 Re: Christ ou r King Ch u rch ACEI Project No:7013,782,07 f City of SouthIake case numberZA16-034 This req uest is to rev isethe current SP-1 zoning on Lot 5 of the Meadow Oaks subdivision, The ov:ner has an agreementwith thetv:o adjacent land owners to eliminate the buffer yard plantings an the north, east and south sides of the church properties. Adclition allytheown er req uest to use a combination of Sr woodfenceand landscapeto screenthe mechanical and transformerpadon the buildingswestside. Christ our King Church is currently located atthe southwest corner of Kimball Avenue and Southlake Boulevard. The Church is lo6ingto relocate and build a nev:church in responseto the interest by developerstopurchase anddevdopontheircurrentIocation. Th e n ew s ite f o r th e ch u rch is cu rrently zoned SF lA and is shown on thefuture land use mapto be part of a mixed-use district As part of the requestfor a zoning change and site plan approvalwe also request a variancetothe Driveway Ordinance No.634 regarding driveway spacingto aIlow a-q-p�as shown on the Site Plan, Proposed Permitted U,,wand Development Regulationsfor°SP-1"Zoning Permitted Uses: In accordancewith theCity zoningordinanceSection 8 permitteduseswith theCSzoning district include: ■ Rel igiousinsttutions:churchesandfacilitiesfory:orship,felI ay.shipandeducation. Development Regulations: This property shall follov:the"CS"zoning district uses Iimitedto religious institutionswith the foIlav ing exceptions: ■ AlIowforanon-occupied accessoryusestoragebuildingneartheeast endoftheprope rt; ■ AlIowforanoccupiedstructure(ch urch)tobeIocatedonapropertythatfallswith inthe75 Lin corridor(ref.ordinance No.479)p ro vided th at th e occupied structure itself does not Ck4the75Ida corridor. ■ Permit programs outside normal services and Sundayschodtoinclude daycare and programs like Mother's Day Out. ■ Varyfrompropertysethackslope restrictions asshown onplan, ■ Varyfrom 8'fenceaIong residential adjacency to aIlow forscreening ass hown on landscape plan and as agreed to by currentadjacentown ers.AlI exi stin g f en ci n g to remain. ■ Varyfromhufferyardreq uirementsonthenorth,east andsouthpropertyIines. ■ AlIowforscreeningofinechanicaIsandtransformertobeachieve,dwith 8'woodfenceand Ian dscapeplanting. 8951 C}Tm n Watem Bled St--150■Dally Torso 7-5019 81 .528.3206■Fax 81 .32832 T3PFReg.NO-F-1007; cora Case No. Attachment C ZA16-034 Page 2 Adams Use and Operation: TheprojectoverviewentaiIsnewchurchbuiIdingproposedtobe10.588sf. Thesizehasbeen determinedfrom a desireto seat sanctuary oflessthan200worshipers. office,meeting and other educational spaces will be located with in the buiIdin g.0utdoor spaces include a play ared rwaterfeature and outdoor amenity area. It is anticipatedthatthe church will generally have a full timestaff of 4 people. All uses and hours are consisbentwith thoseofmostchurchesintheared. Ch rist o u r Ki n g cu rrently h o Ids Su n d ay m o rn in g a n d Sunday evening services,Sunday school classes as well as other church activities on Wednesday evenings. Parkingforthechurchiscalculatedatonespaceper3people inthesanctuary. With seating for200thisv:ouldrequire6Oparkingspaces. Theconceptplan providesfor 100 parkingspaces. We requestthezoningchange and site plan submittal be placed on the City Council meeting agenda for approval, Thankyouforyourtimeand consideration regarding this project Please donothesitateto contact me regarding any questions. Sincerely, Adams—Engineering and Development Consultants Jimmy Fechterr RLA 8951 C}Toren Wkmm RIA Eta.150■DsllsN Tom?5019 917.329.320D■rax 917.32B3299 TBPE ft.1a.F1007;uucom Case No. Attachment C ZA16-034 Page 3 Letters Richard Muller and Melissa Muller 2400 Crooked Lane Southlake, TX 76092 May 9, 2016 To: City of Southlake Subject: Change in landscape plan as originally submitted by the arehhedforthe Church The landscape plan as submitted by Christ Our King Church to the City of Southlake showed the South fencerow planted with a contiguous row of new trees. The property south and east of the church is owned by my wife and me. The plan, as submitted, is not acceptable to us. The present screen, as it exists, contains trees and shrubs and is acceptable. The plan, as submitted, would require destruction of the existing screen. We ask the city to not require any changes to the landscape screen on the border between our property and the church. This request is consistent with prior discussions with the church, and their Board is in full agreement. Richard Muller Melissa Muller Case No. Attachment C ZA16-034 Page 4 API-SOUTH NOLEN, L.P. 495 South Kimball Ave.,Southlake,Texas 76492 (897)251-1061,Lcw0argosyuss corn February 16,2015 Pastor David VWtington Christ Our Ding Church Southlake,'Texas 76092 Dear Pastor Whitington, We have no obj ection to your proposal of planting fevrer,not totally eliminating,canopy trees along the north boundary of your new development. Dense vegetation is a wonderful scrEening between a nem-residential developrmeznt and homes. IIowever,it is very unlikely that oui property will he redeveloped for any residential nscs,due to the restriction of Southlake Airport Ordinance 479.Reducing the number of new trees along our common lot line,particularly near the future common drive between our lots,may bring in a more cohesive ficel to both of our properties when our lot is redeveloped in the future. Plea3c fccl free to contact mi--if you have any questions. S' erely, Je C. Weng Managing Passer Case No. Attachment C ZA16-034 Page 5 Approved Landscape Plan (ZA14-028) 11. i i1 1 1r 11 11 _LJ ........... Case No. Attachment C ZA1 6-034 Page 6 i y ' i "all , ,� � -� � ®IAAAAAAA998AAA®11 DI®A®AAA®AA9ABA®11 / a■aaa■ea■aaaAaea■■ ®■0D®AAO ®©©DAA©■■ / ` ®■00■■■■■©0000®■9■ i 00■■■B■�00®800000■ i i i ®■■■® FE■■■® ammmm �®A©A IL viously Approved Landscaped Bufferyards . be removed -lo �--�w— w - ,� �� ail► `�_�� �� "�� ■ a. 1- MMOM t. r _ r�Proposed ft,Wood Fence with evergreen shrubs in front ' ... -. . -- AV - I-V. `& � - III Proposed Landscaped Bufferyards E: 1 ,e fl f P Ef �r� Mechanical Screening Wall Regulation Proposed Regulation to allow the screening Ns E 39 of the mechanicals and transformer to be n,mc � achieved with an 8 ft. wood fence and e CANCR °RIVE✓ landscape planting. MN + + + + + + +++} +++ + '��� CC N + R'GGNGRETEWPIX+ +'+ + + + + + + + + C[1 mNI VARIp WITH FIRE + ELAN _ ++ * teat _ + +— �] ++ SAC CESS EASFJ.IENT ++* + — --- —'� 5 M +++++ +++++++++ �l SE�AGK+ +++ + + + +F'GGNGRETE WAAKb {Ta yO *+ + :... i•.., ++6000R!}FE WALK++ fn eh O + aF ' � GCR+�ENIf7>rA1AL# + h ++ + + + �a ry y + ++++++ +++ -:aha �•.: ++ +++++•+ + ' ++, �- d - ++RETAINING WALL * + ++ 5 - +++*(9E MAX HEIGHT I+ + +�+ + + +mN#+ +++ ccJll i- S.F.o50P + *+ ++ + ++ + ++ ++ + + ++ ++ I... +++++ + +++ ++ +++ 3+2++++++++ + + +++ + +1trx+fi'91GH++++++++++++ + *++ +++ �29 BEfHAG++ + +FA9OAENi +- + ++- ++ + ++ ��+} ++ + + +++++++ ++ i+ MEW K +d+!_x_�_____±_t t _______ ___ + __ _ __ + + + ++ + + ++ + ++ + Mechanical Yard '� '}' ++++ FENCe 9g39-T7,4z1VV 619 92, u EYISTING FENCE EKISTIND FENCE ry99°IB'0.''�4.9J) GONGREFE°RIVE RE&OENTIAL GIUV�' TRI D.IL REAL STATE,LII] NVII.DQiG INSTttIfMENTTER TM1205e645 O.P.1.R:r,C,L'.T. 000 O STING VEGETATION CrIU�Cl1 screen wau Ing Wall R a.Woo Retaining Wall OD x Mechanical Yard MHO r IIS! 1 T Proposed 8 ft. staggered board wood fence Case No. Attachment C ZA16-034 Page 9 - - ■ v v ` e low I A r $+ rjr, Ml a Site Photographs r .. View C: View to the east property line View D: View to the north property line D 41 View E: View to the northwest along the property line Case No. Attachment C ZA16-034 Page 11 Site Photographs N? ilf�Irli�l�� � tea....•.+�..a Proposed Mechanical Screening Case • . Attachment C ZAII • Page Tree Preservation Plan (ZA14-028) \ - -------- - -- --- - --- II \ o. TREE PRESERVATION SUMMARY Total Trees Tree% S..Trees • 0 90 AC 45.0% T—m.Removal + 0-96 AC 55-0% VBAC 100% Existinn Tree Cover: .Pecentage of:i�w�m exisnra vee m'��preimPmnements� 44.s9^h Percentage of slte vAM exlsting Vee cover poso-impreuemenb'. 20.45% Case No. Attachment C ZA16-034 Page 13 SITE PLAN REVIEW SUMMARY Case No.: ZA16-034 Review No.: Two Date of Review: 5/11/2016 Project Name: Site Plan for Church of Christ Our King Church APPLICANT: Church of Christ Our King OWNER: Church of Christ Our King David Whitington David Whitington 2140 E. Southlake Blvd., Suite L-530 2140 E. Southlake Blvd., Suite L-530 Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 481-8691 Phone: (817) 481-8691 Email: davidwcok@verizon.net Email: davidwcok@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/2/2016 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos ci.southlake.tx.us 1. A monument sign application has been submitted to the City with the monument sign located in the driveway median (monument shown on the site plan as south of the driveway). If this is the designated location, please revise the median landscape plan. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin ci.southlake.tx.us TREE CONSERVATION COMMENTS: The Tree Conservation Plan is proposed to remain unchanged. No protected trees are proposed to be removed for the approved landscape revisions. LANDSCAPE COMMENTS: The applicant is requesting a revision to the required bufferyards landscaping as approved. The interior landscape is remaining almost unchanged except four (4) additional trees are proposed to be provided in small tree wells within the rear parking lot area. The proposed changes to the plant material within the bufferyards are as follows; Case No. Attachment D ZA16-034 Page 1 Summary Chart - Bufferyards Location Length Width/ Canopy Accent Shrubs Fence/ Comments Type Trees Trees Screening North Required 819.92' 10'-C 25 33 98 None 5 Existing trees, Provided 819.92' 7 2 0 None existing natural buffer East Required 208.70' 10'-C 6 8 25 8' Fence Natural vegetation Provided 208.70' 0 0 0 None per agreement with adjacent land owner South Required 819.92' 10'-C 25 33 98 8' Fence Natural vegetation Provided 819.92' 0 0 0 None per agreement with adjacent land owner. Existing trees, existing buffer West Required 208.70' 10'-E 2 4 17 None Existing natural Provided 208.70' 0 0 0 None buffer 1. Please submit the contractual agreements from the adjacent land owners. CONTRACTUAL REDUCTION OF BUFFERYARD ABUTTING VACANT LAND —When a land use is proposed adjacent to vacant land, and the owner of the vacant land enters into a contractual relationship with the owner of the developing land use, a reduced bufferyard may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater intensity than specified in the agreed upon zoning category; and an agreement by that vacant landowner to assume all responsibility for additional bufferyards if needed at the time of development of the vacant land. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: sanderson(a)-a) No comments. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements(a)-ci.southlake.tx.us GENERAL COMMENTS: No comments based on ZA16-034 Zoning Change Site Plan only. Case No. Attachment D ZA16-034 Page 2 General Informational Comments Staff strongly recommends contacting Daniel Cortez in the City Manager's Office to schedule a SPIN meeting. Daniel can be contacted by phone at (817) 748-8029 or by e-mail at dcortez@ci.southlake.tx.us. 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 from 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. Denotes Informational Comment Case No. Attachment D ZA16-034 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Christ Our King Church xNs a zazr S VILLAGE CENTER DR z� zr,r zrn 9 %6 mE Y� yya 1 2 A am eiz,xin asu za,a U'a as roe'x � eei a • Owner Name Zoning AddressResponse 1. KOLLAR, GEORGE M SF20A 2137 KIMBALL HILL CT 0.51 NR 2 THOMPSON,TERESA JANE SF1-A 395 S KIM BALL AVE 4.09 NR 3 PO, CHIN SF1-A 305 S KIMBALL AVE 3.51 NR 4 PEARSON, CAREY SF1-A 695 S KIMBALL AVE 2.08 NR 5 PEARSON, CAREY SF1-A 2300 CROOKED LN 2.22 NR 6 FOX,TODD SF1-A 605 S KIMBALL AVE 2.41 NR 7. WOOD, CHARLES W SF1-A 2350 CROOKED LN 2.30 NR 8 MULLER, RICHARD J SF1-A 2400 CROOKED LN 2.16 NR 9 TRI DAL REAL ESTATE LTD SF1-A 505 S KIMBALL AVE 4.03 F 10. THOMPSON,WM B SF1-A 405 S KIMBALL AVE 3.95 NR 11. JAISWAL, NITIN SF20A 2136 KIMBALL HILL CT 0.52 NR 12 WHITE, ELBERT CLARK AG 2450 CROOKED LN 15.85 NR 13. API-SOUTH NOLEN LP SF1-A 495 S KIMBALL AVE 3.89 NR 14. CHURCH OF CHRIST OUR KING SPI 595 S KIMBALL AVE 3.96 NR Case No. Attachment E ZA16-034 Page 1 15. CARROLL, ISD CS 400 S KIMBALL AVE 35.39 NR 16. Superintendent of Carroll ISD NR Superintendent of Grapevine 17• Colleyville ISD NR Superintendent of Northwest 18• ISD NR 19. Superintendent of Keller ISD NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received: In Favor: One (1) Case No. Attachment E ZA16-034 Page 2 Responses May, 9. 2016 5:30PM Plc, ?034 P. Notification Response Form ZA16-034 Meeting Date;May 19,2016 at 6:30 PM TRI DAL REAL ESTATE LTD 540 COMMERCE ST SOUTHLAKE,TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAUL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(g)of the property so noted above, are hereby =favor opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Date: Additional Signature: Date: Printed Name(sc A ry G� woo Must be property owner(s)whose names)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA16-034 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-661a 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 DESCRIBED AS LOT 5, MEADOW OAKS SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT 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 "SF-1A" Single- Family Residential District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA16-034 Page 1 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 and 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 Case No. Attachment G ZA16-034 Page 2 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: Being legally described as Lot 5, Meadow Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas, being approximately 4.0 acres, and Case No. Attachment G ZA16-034 Page 3 described in Exhibit "A" from "SF-1A" Single-Family Residential District to "S-P- 1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: 1) Subject to Site Plan review Summary No. 3 dated March 14, 2014; 2) Approval of driveway center line spacing variance; 3) Noting the accessory building will be constructed of the same building materials as the sanctuary building; 4) Any future access shown on the site plan will require separate easement agreements and access agreements for adjacent parcels; 5) And, including the ornamental iron fencing as note on the site plan to enclose the playground. Reserved for City Council motion 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 Case No. Attachment G ZA16-034 Page 4 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. Case No. Attachment G ZA16-034 Page 5 SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website 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 it 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. Case No. Attachment G ZA16-034 Page 6 PASSED AND APPROVED on the 1St reading the day of , 2016. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2016. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA16-034 Page 7 Exhibit `A' RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. Attachment G ZA16-034 Page 8 Exhibit `B' RESERVED FOR APPROVED SITE PLAN Case No. Attachment G ZA16-034 Page 9