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Item 7A 13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT January 11, 2017 CASE NO: ZA16-026 PROJECT: Zoning Change and Site Plan for River Oaks, Lot 7 EXECUTIVE SUMMARY: Vikram Capital and Blake Architects are requesting approval of a Zoning Change and Site Plan for River Oaks Park office building on property described as Lot 7, Block 1, River Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 121 River Oaks Dr, Southlake, Texas. SPIN #11. DETAILS: The project is located on the east side of River Oaks Drive, approximately 700 feet north of W Southlake Blvd. The purpose of this item is to receive zoning and site plan approval to revise the current S-P-2 regulations in regard to architectural design criteria to allow construction of a 5,300 square foot single- story office building on 2.14 acres. Current and proposed zoning is S-P-2 with 0-1 uses. The site is accessed from existing River Oaks Drive. W0 0 Its I WA Wre 0=0 TM M 01 MINrem Z Zoning/Proposed "S-P-2" with "0-1" "S-P-2" with "0-1" "S-P-2" with "0-1" Zoning uses uses uses Gross Site Acreage 2.14 acres 2.14 acres 2.14 acres Number of Proposed 1 1 1 Buildings Proposed Building 5,300 5,482 5,300 Area (sf) Area of Impervious 21,691 10,906 14,545 Coverage (sf) Percentage of Impervious Space 65% max/ 24% 65% max/ 12% 65% max/ 16% Allowed (0-1) / Provided Max Building Height 2.5 story / 35 feet 1 story / 25.5 feet 1 story / 31.75 feet (0-1) (allowed) (to roof peak) Required Parking 1 space per 193 sf= 1 per 300 sf(proposed) 1 space per 193 sf= (Per S-P-2) 29 spaces = 18 spaces 29 spaces Provided Parking 30 Spaces 20 on-street spaces 30 Spaces (plus 17 on Lot 6) Case No. ZA16-026 The building is a single-story structure clad in stone veneer and stucco which meets the Masonry Ordinance and the Residential Overlay. The highest point of the roof peak is 31' 8" feet. Public entrance is from the west side of the building. The applicant is requesting through the S-P-2 regulations to allow a more contemporary style of architecture that deviates from the Colonial style approved with the Concept Plan and current buildings within River Oaks. Lot 7 was approved February 7, 2006 as part of the Concept Plan for Stonebridge Park at Southlake, Phase II (ZA05-091). The original plan for Lot 7 consisted of a single-story 5,300 square foot office building on the northwest portion of the property with on-street parking along River Oaks drive and off- street parking adjoining the creek and FEMA floodplain. The applicant proposes a building of similar scale on the southwest portion of Lot 7 where the off-street parking is shown on the Concept Plan. Parking is proposed as a combination of off-street and on-street spaces in a configuration similar to what was approved with the Concept Plan. Overall parking adjacent to the site meets the 30 spaces shown on the Concept Plan. Regulations approved for Lot 7 with the Stonebridge Park Plan are as follows: Permitted Uses This property shall be limited to the permitted uses as found in the "0-1" Office District as described in the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "0-1" Office, and all other applicable regulations with the following exceptions: • An overall parking ratio of 1 space per 193 square feet of building area shall be used in calculating required parking for the entire site, including on-street parking on lots 6 through 10. Parking shall be considered as a whole instead of based on individual spaces for each lot in order to provide a consistent feel and architectural standard for the overall development. All Tenants and/or Buyers for the development will sign a shared parking clause/easement in their respective lease/sale agreements as mutually approved by us and the City Attorney. • On-street parking for lots 6 through 10. • Fencing and screening along the northern and western property lines will be 6' wrought iron. • Bufferyards along interior lot lines not be required for this development. • No frontage on a public road for Lot 10. The applicant proposes a change to the approved S-P-2 regulations with regard to the architectural style approved for the office park. The current regulations require new construction in a Williamsburg style with traditional features such as colonnades, wood shutters and siding, red brick, dormers, and formal detailing. The applicant proposes the addition of a contemporary option to be available for the design of the remaining buildings as reflected in the proposed elevations for Lot 7 and the conceptual image provided by the applicant. Case No. ZA16-026 Current • • Proposed Approved architectural style incorporates Proposed architectural style incorporates Colonial and Greek revival elements contemporary elements with standing including brick veneer, dormers, side-gable seam metal pitched roof, flat or low roofs with composition shingle, cornices, sloped roof with parapet, metal awnings, columns or pilasters, and porches. (See stucco and stone veneer. presentation attachment) CHANGES FROM AUGUST 18th, 2016 PLAN: To address stated concerns by the Planning Commission at its August 181H 2016 meeting, the applicant has proposed to provide the 30 spaces shown on the Concept Plan for Lot 7. The building has also been redesigned to provide a pitched roof and more stone veneer in place of the previous stucco. The architectural style remains contemporary and the applicant has submitted a concept image to be incorporated into the existing S-P-2 regulations as an additional architectural style available for the development of the remaining lots in River Oaks. Issues raised at 8/4 8/18 Site Plan Current Plan The site has been Lot 7 provided parking 20 spaces (plus 17 off-site) reconfigured to provide the 30 spaces shown on the Concept Plan The building has been Deviation in architectural Contemporary style with redesigned to eliminate the style for Lot 7 building stucco, stone veneer and flat roof and add more standing seam metal roof stone in a contemporary architectural style ACTION NEEDED: Consider Approval of Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 7, dated January 11, 2017 (D) Surrounding Property Owners Map (E) Ordinance No. 480-474a Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative and "S-P-2" Regulations Link to Plans Page 1 - Site Plan Pages 2-3 - Elevations Case No. ZA16-026 Page 4 - Landscape Plan Page 5 - Tree Conservation Plan Page 6 - Concept Architecture Exhibit for S-P-2 1-ink to Surrounding Property Owners Responses STAFF CONTACT: Ken Baker (817) 748-8067 David Jones (817) 748-8070 Case No. ZA16-026 BACKGROUND INFORMATION OWNER: Vikram Captial, LTD APPLICANT: Blake Architects PROPERTY SITUATION: 121 River Oaks Drive on the east side of River Oaks Drive, approximately 700 feet north of W Southlake Blvd. LEGAL DESCRIPTION: Lot 7, Block 1, River Oaks Addition LAND USE CATEGORY: Low-Density Residential and Flood Plain CURRENT ZONING: "S-P-2" Generalized Site Plan District with "0-1" uses PROPOSED ZONING: "S-P-2" Generalized Site Plan District with "0-1" uses HISTORY: - The property was annexed into the Town of Southlake in 1956 as "AG" (Ord. No. 041). -February 7, 2006— City Council approved ZA05-091 Rezoning from "AG" to "S-P-2" with "0-1" and "C-2" uses and Concept Plan for Stonebridge Park at Southlake Phase II (Ord. No. 480-474). -August 15, 2006— City Council approved ZA06-075 a Site Plan for Lots 1 & 4 of River Oaks, consisting of 4 buildings totaling approximately 15,000 square feet. -August 17, 2006— Planning and Zoning Commission approved ZA06- 077 a Final Plat of River Oaks, Lots 1-10 on consent. -August 6, 2013— City Council approved ZA13-062 a Site Plan for Lot 8 of River Oaks, consisting of 2 buildings totaling approximately 6,000 square feet. One building at 120 River Oaks was constructed in 2013/2014. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Low-Density Residential and Flood Plain These Future Uses are defined in the Southlake 2030 plan as follows: FLOODPLAIN Purpose and Definition: The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The "floodplain" is an expanse of natural vegetation and wildlife, and should be preserved as natural open area. Within the floodplain is "floodway" that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The Case No. Attachment A ZA16-026 Page 1 designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. LOW DENSITY RESIDENTIAL Purpose: The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. LOW DENSITY RESIDENTIAL Definition: The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. The Concept Plan for Stonebridge Park was approved with no change to the Low-Density Residential and Flood Plain Future Land Use. A site specific recommendation was made in the 2004 Davis/F.M. 1938 Corridor Plan (a component of the Southlake 2025 Plan) which encouraged lower intensity office and/or residential uses on the site. The applicant has not proposed a change to the existing Future Land Use for either the Low-Density Residential portion or the Floodplain portion of the property. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a >=8' mixed-use trail running along the creek through the property. The applicant is proposing an extension of the existing 8' trail through the property on the east side of the creek. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site has direct access to River Oaks Drive, a non-residential collector with 40-50' right of way. F.M. 1709/Southiake Blvd (21) Randoll Mill and Pearson) 24hr West Bound (18,766) East Bound (18,836) AM Peak AM (1110)11:30AM-12:30PM Peak AM (2075) 7:00-8:OOAM PM Peak PM (2122) 5:00-6:OOPM Peak PM (1137)4:45-5:45PM *Based on the 2015 City of Sonthlake Traffic Connt Report Traffic Impact A Traffic Impact Analysis (TIA) was not required/prepared for this development. Case No. Attachment A ZA16-026 Page 2 Use Sq Ft .. PM_ PM_ IN OUT IN OUT General Office 710 5,482 1 60.9 1 7.5 1 1.0 1 1.4 6.8 * Vehicle Trips Per Day *AM-In,AM-Out,PM-In and PM-Out are peak hour generators on a weekday *Based on the ITE:Trip Generation Manual, 7th Edition TREE PRESERVATION: There is approximately 40% existing tree cover on the site, primarily concentrated around and along the creek. Tree Preservation Ordinance 585-D requires that 50% of the existing canopy be preserved. The applicant has submitted a Tree Conservation Plan that shows preservation of 81% of existing tree cover. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: Water There is an existing 8" water line along River Oaks Dr that will serve this property. Sewer There is an existing 8" sanitary sewer line along River Oaks Dr that will serve this property. DRAINAGE: Drainage from this site will flow to the detention area south of the property and into the adjacent creek. Case No. Attachment A ZA16-026 Page 3 A portion of the proposed building footprint would extend into the existing floodplain and require modifications to the floodplain boundary, including the construction of a retaining wall. Prior to permitting, the applicant will submit a floodplain study to the Public Works Department and FEMA for approval of the re-contoured floodplain. CITIZEN INPUT: A SPIN meeting was held for this project on August 9, 2016. The meeting report is included as an attachment. No SPIN meeting has been scheduled for the updated plan. PLANNING AND ZONING COMMISSION ACTION: August 8th, 2016; The applicant agreed to table the item, noting concerns regarding deviation in building architecture from the approved plan, lack of clarity regarding the appearance of the building in architectural renderings, and the adequacy of provided parking on Lot 7 and in the remainder of the River Oaks development. August 18th, 2016; The Planning and Zoning Commission voted 4-0 to recommend denial. STAFF COMMENTS: Attached is Review Summary No. 7, dated January 11, 2017. Criteria for variance from Residential Adjacency Overlay standards: Sec. 43.9.b 1. To receive a variance, the applicant must demonstrate one of the following: a. A variance will reduce the impact of the project on surrounding residential properties; or b. Compliance with the ordinance would impair the architectural design or creativity of the project; or c. A variance is necessary to assure compatibility with surrounding developed properties; or d. The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. Case No. Attachment A ZA16-026 Page 4 Vicinity Map 121 River Oaks Dr N� 0 � N co O W r s CD CD N ��h ro "O N n (V Z O o r r N 125 �� C 0 124 ti M c7 � N o v N cv � O tP X30 (rj, TmO ryV T 0 c� h O o X33 LLICD a o LD o 0 530^� O � 2608 2580 H��`E B1-vD ,�� E so�� 241 f 651 2501 2501C 'o ZA1 6-026 Zoning Change N and Site Plan f „. �.. W E 0 275 550 1,100 S Feet Case No. Attachment B ZA16-026 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA16-026 Review No.: Seven Date of Review: 01/11/17 Project Name: Zoning and Site Plan — River Oaks Park (Lot 7, Block 1, River Oaks Addition) APPLICANT: Skip Blake OWNER: Vikram Capital, LTD. Blake Architects 1202 S White Chapel Blvd 914 Lipscomb Southlake, Texas 76092 Fort Worth, Texas 76104 Phone: 817-488-9397 Phone: 972-849-8216 Email: blakearch@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/03/17 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 David Jones, AICP Principal Planner Phone: (817) 748-8070 Email:diones(a)ci.southlake.tx.us 1. Show retaining wall height on all civil drawings and indicate wall material. Walls over 4' are required to be engineered. Informational Comments: Standing seam metal roofs shall be constructed of a factory-treated, non-metallic, matte finish. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8t" inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. The building must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from any rights of way. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Provide a color Tree Conservation Plan. Case No. Attachment C ZA16-026 Page 1 2. The proposed grading conflicts with the proposed tree preservation. Topography grade changes are proposed that will alter some of the existing trees proposed to be preserved. Ensure that no proposed grading or construction conflicts with the proposed preservation of existing trees. * The proposed tree removal complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The site contains 40% existing tree cover and 50% of that tree cover is required to be preserved. Only 19% is proposed to be removed. No existing trees within the floodplain area are proposed to be removed. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* - 0% -20% 70% 20.1 —40% 60% - 40.1% - 60% 50% 160.1% - 80% 40% 180.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. Provide a color Landscape Plan. 2. Show the location of all required bufferyards on the Site Plan. A 5' — A type Bufferyard is required along the east property line. 3. four (4) of the existing Red Oaks are proposed to be transplanted and utilized in the proposed landscape. Ensure that the existing Red Oaks proposed to be transplanted are in healthy condition and suitable for transplanting. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA16-026 Page 2 Public Works/Engineering Review Om Gharty Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetria-ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. The proposed development does not comply with city's flood plain ordinance 641-B. Floodplain reclamation/encroachment requires a detail hydraulic and hydrologic study. Existing and proposed floodplain and floodways with base flood elevation shall be established and shown/noted in the plans. The hydraulic study should demonstrate no rise in floodway. The Finished floor shall be 2' above the base flood elevation. While the applicant has referenced study prepared by Mike Boyd (for above response), the site plan (retaining wall, parking layout and building footprint) has changed considerably and therefore a revision to the study is deemed necessary. 3. A CLOMR/CLOMR-F is required prior to construction. A LOMR/LOMR-F shall be obtained from FEMA prior to certificate of occupancy. INFORMATIONAL COMMENTS: Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. Limits of 100- year floodplain shall be shown and contained within a dedicated drainage easement. Property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning construction. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for Case No. Attachment C ZA16-026 Page 3 review. 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.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre-construction, construction and post-construction erosion control measures. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City's sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Community Services Review Peter Kao Construction Manager Phone: (817) 748-8607 E-mail: pkao(a)ci.southlake.tx.us Land/park dedication requirements: Park fees totaling $14,724 were paid as part of Phase I development. No park fees are required with this phase of the development. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements(a)ci.south lake.tx.us GENERAL COMMENTS: Fire apparatus access, fire lanes, need to be provided within 150 feet of all exterior portions of the perimeter of buildings on a "hose-lay" basis for un-sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) (Provide 100' dead end fire lane on the south side of the building to meet hose lay requirements) Case No. Attachment C ZA16-026 Page 4 General Informational Comments: Prior to permitting, an amended plat for Lot 7 may be required in order to reflect any post- construction changes in the floodplain boundary and accompanying drainage easement. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. This development must comply with Residential Adjacency Overlay Standards, Section 43.13. 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. A right of way permit is required through the Public Works Department prior to any earth disturbance in the right of way. Denotes Informational Comment Case No. Attachment C ZA16-026 Page 5 SURROUNDING PROPERTY OWNERS MAP & RESPONSES p w `'s gs7o a titin S P 144 140 W s p 125 < 124 ~ N o � 1 rn ti3 ti� < N lli✓ih map vyp0 `� < � h � fi ryy� 2225 o � 23 % ry�ph 110 o 0 o y p 304 p � A 0 25g0 2530 °jO � � 2608 p 2q1T a a $o 2740 P a n m 2651 c 2501 2501C N o e 21p1 2501 2419 � v a w ¢ b h � bry v w N p � 3 c N 2621 A W SPO# Owner N Zoning •• 1. ANKINZ LLC SP2 2350 W SOUTHLAKE BLVD 3.758 NR 2. AUSTIN PARTNERS LLC SP2 121 RIVER OAKS DR 2.171 NR 3. BAYSIDE INTERESTS LLC SP2 116 RIVER OAKS DR 0.608 NR 4. BRIDGELINK TECH LLC SP2 109 RIVER OAKS DR 2.137 O 5. BUCY, DOROTHY HALLMARK SPI 2419 W SOUTHLAKE BLVD 1.284 NR 6. DAL-LAKE INVESTORS LLC SP2 112 RIVER OAKS DR 0.845 NR 7. EASTSOUTH GROUP LLC SP2 125 RIVER OAKS DR 1.102 NR 8. FAIR OAKS INTERESTS LLC SP2 104 RIVER OAKS DR 0.828 NR 9. FIRST CARLYLE CAPITAL FUNDING SPI 170 STONEBRIDGE LN 4.314 NR 10. FSCF II LLC SPI 150 STONEBRIDGE LN 1.358 NR 11. GAMBLE ROCK PARTNERS LLC SP2 124 RIVER OAKS DR 1.159 NR 12. GARNER, ROBERT SF1-A 225 TIMBERLINE LN 1.649 O 13. HOWKEN LLC SP2 100 RIVER OAKS DR 1.152 NR 14. KENDZIOR, RUSSELL SF1-A 139 JELLICO CIR 4.129 NR 15. KLOESEL, GREGORY B SP2 101 RIVER OAKS DR 0.922 O 16. KMARR PROPERTIES LLC SP2 120 RIVER OAKS DR 0.635 O 17. LAM, CONNER AG 2415 W SOUTHLAKE BLVD 2.550 NR b. LEONHARD,TIMOTHY SF1-A 230 TIMBERLINE LN 3.459 U 19. LINEHAN,THOMAS S SF1-A 220 TIMBERLINE LN 1.386 NR Case No. Attachment D ZA16-026 Page 1 20. NADO I LLC SPI 2530 W SOUTHLAKE BLVD 1.919 NR 21. OTEARY, PATRICK M SF1-A 115 JELLICO CIR 2.268 NR 22. PES MANAGEMENT LLC SP2 105 RIVER OAKS DR 2.137 O 23. POWELL, CHARLES SF1-A 127 JELLICO CIR 7.014 NR 24. QUINTERO, AGUSTIN SF1-A 111 JELLICO CIR 1.918 NR 25. RECTOR, ANTHONY SP2 113 RIVER OAKS DR 2.137 NR 26. SOUTHLAKE CHURCH OF CHRIST CS 2417 W SOUTHLAKE BLVD 9.817 NR 27. THOENNES, MARY GRACE SF1-A 119 JELLICO CIR 1.937 O 28. WELLS FARGO BANK NA SP2 105 RIVER OAKS DR 2.137 NR SUPERINTENDENT OF CARROLL NR 29. ISD SUPERINTENDENT OF GRAPEVINE NR 30. COLLEYVILLE ISD 31. SUPERINTENDENT OF KELLER ISD NR SUPERINTENDENT OF NR 32. NORTHWEST ISD Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-Two (32) Responses Received: Six (6) Opposed One (1) Undecided Case No. Attachment D ZA16-026 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-474a 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 7, BLOCK 1, RIVER OAKS ADDITION, BEING APPROXIMATELY 2.141 ACRES FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE 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-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES under the Case No. Ord. No. 480-474a ZA16-026 Page 1 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 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 Case No. Ord. No. 480-474a ZA16-026 Page 2 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: Case No. Ord. No. 480-474a ZA16-026 Page 3 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. Case No. Ord. No. 480-474a ZA16-026 Page 4 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 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 Case No. Ord. No. 480-474a ZA16-026 Page 5 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 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 17th day of January, 2017. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 7th day of February, 2017. MAYOR ATTEST: CITY SECRETARY Case No. Ord. No. 480-474a ZA16-026 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Ord. No. 480-474a ZA16-026 Page 7 EXHIBIT "A" Lot 7, Block 1 , River Oaks Addition, being approximately 2.141 acres: Case No. Ord. No. 480-474a ZA16-026 Page 8 EXHIBIT "B" Reserved for City Council approved plans Case No. Ord. No. 480-474a ZA16-026 Page 9