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Item 7DCase No. ZA17-093 S T A F F R E P O R T January 9, 2018 CASE NO: ZA17-093 PROJECT: Zoning Change and Site Plan for Kitten to Cat Hospital EXECUTIVE SUMMARY: Dr. Carrie Ann Mark is requesting approval of a Zoning Change and Site Plan on property described as Lot 2R2, Block1, Miron Addition, City of Southlake, Tarrant County, Texas, located at 205 Miron Drive, Southlake, Texas. Current Zoning: "B-1” Business Service Park District. Proposed Zoning: “S-P-1” Detailed Site Plan District with "B-1” Business Service Park District uses with the addition of Feline Specialty Cat Hospital. SPIN Neighborhood #8. DETAILS: The proposed Kitten to Cat Hospital is located approximately 275 feet south of the intersection of E. Southlake Blvd. and Miron Drive. The purpose of this item is to change the zoning to accommodate all current uses allowed under “B-1” Business Service Park District with the addition of a feline specialty cat hospital. The zoning change requires an associated site plan approval. The existing one- story, legal non-conforming building is proposed to remain with an upgrade to the exterior facades, landscaping and parking. In June 2017 City Council approved a site plan for Glen Alan Salon. The applicant is proposing to keep the approved site plan, however, construct the required parking spaces in two (2) phases as the Kitten to Cat Feline Hospital requires much less parking than is required for most uses allowed under “B-1” Business Service Park District. Kitten to Cat Hospital is a low volume business that sees no more then 8-10 clients per day. The approved site plan for Glen Alan Salon includes eighteen (18) parking spaces. The applicant is requesting to construct ten (10) spaces during the initial facade construction and the remaining eight (8) spaces at the time the property is sold and/or the use of the building changes. Site Data Summary Approved for Glen Alan Salon Proposed for Kitten to Cat Existing Zoning B-1 B-1 Proposed Zoning N/A S-P-1 w/B-1 uses to include feline specialty cat hospital Land Use Designation Office Commercial Office Commercial Gross/Net Acreage .50 acre/.50 acre .50 acre/.50 acre Total Building Floor Area (Gross) 3,035 sf 3,035 sf Building Height/Number of Stories 1 1 Area of Open Space 8,690 sf 8,690 sf Department of Planning & Development Services Case No. ZA17-093 Percentage of Open Space 41% 41% Area of Impervious Coverage 13,090 sf 13,090 sf Percentage of Impervious Coverage (max. allowed / provided) 60% / 59% 60% / 59% Total Parking Required (1/200 sf) 16 spaces (8 + 1/300 sf) 15 spaces Veterinary Clinic Use Total Parking Spaces Provided 18 spaces 18 spaces (Constructed in 2 phases – phase 1 = 10 spaces; phase 2 = remaining 8 spaces) ACTION: Consider Approval of 1st Reading for Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated December 19, 2017 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-734 Full Size Plans (for Commission and Council members only) Link to Presentation Link to Narrative Link to S-P-1 Regulations Link to Elevations Link to Parking Exhibit Link to Plans (previously approved under site plan for Glen Alan Salon) STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA17-093 Page 1 BACKGROUND INFORMATION OWNER: Glen Alan Woods APPLICANT: Carrie Ann Mark, DVM PROPERTY SITUATION: 205 Miron Drive, Southlake LEGAL DESCRIPTION: Lot 2R2, Block1, Miron Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “B-1” Business Service Park District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “B-1” Business Service Park District uses with the addition of Feline Specialty Cat Hospital. HISTORY: August 7, 1979; City Council approved a zoning change to “H” Heavy Commercial Zoning and a final plat for the Miron Subdivision on a 10 acre tract of land out of the John A. Freeman Survey Abstract 529 (ZA79-20). September 19, 1989; The “B-1” Business Service Park District was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map. March 3, 1993; City Council approved a plat revision for Lots 1R and Lots 2-6, Block 1, Miron Addition (ZA92-56). February 3, 1998; City Council approved a plat revision for Lots 2-R-1, 2-R-2 and 3-R-1-R, Block 1, Miron Addition (ZA97-177). June 6, 2017; City Council approved a site plan for Glen Alan Salon subject to the Staff Report dated May 26, 2017 and the Site Plan Review Summary No. 4 dated April 27, 2017; noting that we are approving the following variance to the Tree Preservation Ordinance 585-D to allow less than the required 50% preservation per the tree conservation plan presented this evening; also noting that we are approving the revised elevations presented this evening and dated May 26, 2017 in the Staff Report; noting that the applicant and the City Council agree to adding two parking spaces on the southeast corner of the property adjacent to the dumpster area and eliminating two parking spaces on the far northwest corner of the property, in doing so, preserving the tree that is in that space; noting that if this change in parking causes the property to exceed the impervious coverage ordinance that we are approving that variance tonight; also noting that the applicant has produced a parking agreement with Empire Rugs, Ben Shabahang,1695 E. Southlake Blvd. Case No. Attachment A ZA17-093 Page 2 SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Office Commercial. The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office- related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. Pathways Master Plan & Sidewalk Plan A 5-foot sidewalk is proposed along Miron Drive. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D, as the site is being modified from its current condition. No site plan was previously considered with the construction of the existing building. During the entitlement for Glen Alan Salon, there was approximately 50% existing tree cover on the site, of which approximately 25% was approved by variance to be preserved. The property owner has removed the previously approved trees. The applicant is not requesting to remove any of the existing tree cover on the site therefore preserving 100%. UTILITIES: There is an existing 8-inch water line and an existing 6-inch sewer line located along Miron Drive. CITIZEN INPUT: A SPIN meeting was not held for this project. PLANNING & ZONING COMMISSION: January 4, 2018; Approved (6-0) as presented and subject to the Staff Report dated December 29, 2018 and Site Plan Review Summary No. 2, dated December 19, 2018. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated December 19, 2017.  The applicant is seeking to improve a legal non-conforming structure with brick veneer on all four sides of the building. Case No. Attachment A ZA17-093 Page 3  A non-conforming structure may be improved to reduce the non- conformity in accordance with Section 6 of the Zoning Ordinance No. 480, as amended.  The bufferyard and interior landscaping is not required for this site as the building footprint is not being increased in size. Landscaping is required for the improved parking lot. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Residential Adjacency Building Articulation Y S-P-1 regulation proposed as the existing facades do not meet required horizontal and/or vertical articulation Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y S-P-1 regulation proposed Interior Landscape NA Not Applicable for interior landscape, parking lot only Tree Preservation Y Complies Sidewalks Y Complies General Development Standards “B-1” Zoning Site Plan (new) Kitten to Cat Proposed Site Plan Applies Comments Applies Comments Overlay Regulations Y Residential Adjacency Y Residential Adjacency Building Articulation Y Required articulation for overlay and residential adjacency Y Maximum length of wall not requiring articulation is 36 feet. East and West walls are approximately 39.5 feet. North and South walls are approximately 77 feet. (West wall meets vertical articulation, East, North and South walls do not). Minimum horizontal and vertical articulation required is 1.8 feet (15% of wall height) for 25% of the length of either adjacent plane. None of the walls meet horizontal articulation. Masonry Standards Y Masonry Ordinance No. 557 Y Complies Impervious Coverage Y 60% Y Complies 60% Open Space Y 40% Y 40% Bufferyards Y Per Section 42 Y Due to the zoning change request, bufferyard requirements are applied. The applicant has written an S-P-1 regulation for relief from this requirement. Interior Landscape Y Per Landscape Ordinance NA Not Applicable for interior landscape, parking lot only Tree Preservation Y 50% preservation req. for 50% coverage Y The trees approved to be removed from the Glen Alan Site Plan are gone. The applicant does not propose to remove any trees, resulting in 100% preservation of existing tree canopy. Sidewalks Y 5-foot required Y Complies; 5-foot proposed Case No. Attachment B ZA17-093 Page 1 Case No. Attachment C ZA17-093 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA17-093 Review No.: Two Date of Review: 12/19/2017 Project Name: Zoning Change & Site Plan for Kitten to Cat Hospital APPLICANT: Kitten to Cat Hospital OWNERS: Tonya & Glen Woods Carrie Mark 711 E. Southlake Blvd., Ste 100 ARCHITECT: Blake Architects Southlake, TX 76092 Skip Blake Phone: 817-975-9387 817-488-9397 Email: drmark@kittentocathospital.com blakearch@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/18/2017 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 Lorrie Fletcher Planner Phone: (817) 748-8069 Email: lfletcher@ci.southlake.tx.us 1. The proposed zoning change request requires that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy. See comments below by Landscape Administrator. A regulation has been added to the proposed S-P-1 document requesting the site plan be approved as submitted without the required bufferyards. 2. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades of the building within 400’ of a property zoned or designated residential. The subject property is approximately 97 feet from the nearest residential zoned property. The proposed brick veneer facades for the existing building do not meet horizontal articulation on all sides; vertical articulation is not being met on the east, north and south sides. A regulation has been added to the proposed S-P-1 document requesting the elevations be approved as submitted. 3. Although not required, staff encourages a material sample board be provided by the first public hearing at the Planning & Zoning Commission meeting. Informational Comment The current metal clad building is a legal, non-conforming structure. Section 6 of the Zoning Ordinance addresses non-conforming structures and the rebuilding of non-conforming structures partially or completely destroyed. A structure may be altered to reduce non-conformity. 6.5 NONCONFORMING STRUCTURES - Where a lawful structure exists at the effective date of this ordinance or amendment thereof that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. Such structure may not be enlarged in a way which increases its nonconformity; b. Such structure may not be altered in a way which increases its nonconformity; c. Case No. Attachment C ZA17-093 Page 2 Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 6.10 DESTRUCTION OR DAMAGE TO NONCONFORMING STRUCTURE OR USE (Amended by Ordinance 480-BBBB) a. Nonconforming Structures: 1. If a legal nonconforming structure is totally destroyed or partially damaged by the elements, fire, other catastrophe, or other casualty, the structure may not be repaired or reconstructed except in conformity with the provisions of this ordinance. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. Changes in zoning: Any request for changes in zoning to any district other than agriculture or single family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed property. The Required Bufferyards are as follows: SUMMARY CHART – BUFFERYARDS Location/Length of Base Line Required / Provided Length Bufferyard Width/Type Canopy Trees Accent Trees Shrubs Fence/Screening Height & Material North - Required 197’ 5’ - A 2 4 16 Provided East - Required 113’ 10’ - D 5 6 20 Provided South - Required 192’ 5’ - A 2 4 15 Provided Case No. Attachment C ZA17-093 Page 3 West - Required N/A Provided * The proposed landscaping across the site exceeds what would be required for the required bufferyards plantings. * The Building footprint is not being increased so no interior landscape or bufferyards are required to be provided. Additional parking is being provided so parking lot landscaping is provided to meet the Landscape Ordinance parking lot landscape requirements. The proposed Landscape Plan is identical to the previously approved Landscape Plan. * Indicates informational comment. # Indicates required items comment. ____________________________________________________________________________ Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. * 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.cityofsouthlake.com/index.aspx?NID=266 *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA17-093 Page 4 General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. * The use of synthetic products (e.g., EIFS – exterior insulation and finish systems, Hardy plank, or other materials of similar characteristics) shall not be considered a masonry material. (As amended by Ordinance 480-PPP) * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * Through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * The applicant should be aware that prior to issuance of a building permit a Plat Showing must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment D ZA17-093 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Address Acreage Response 1. BOOTSTRAP INVESTMENTS INC O1 1723 E SOUTHLAKE BLVD 1.028 NR 2. MALIK, NALIA B1 175 MIRON DR 0.633 NR 3. WETRICH REALTY LP B1 325 MIRON DR 0.701 NR 4. ROCKY MOUNTAIN HOLDINGS LLC SP1 345 MIRON DR 1.000 NR 5. MARCH INVESTMENTS LP B1 365 MIRON DR 0.743 NR 6. SOUTHLAKE, CITY OF CS 320 MIRON DR 1.574 NR 7. DALLAS SMSA TOWER HOLDINGS LP B1 340 MIRON DR 0.982 NR 8. TESORIERO HOLDINGS LLC SP2 260 MIRON DR 0.076 NR 9. D2S2M LLC SP2 270 MIRON DR 0.078 NR 10. COFFIN HOUSE DIVIDED LLC SP2 300 MIRON DR 0.078 NR 11. HERITAGE PARTNERS III LLC SP2 290 MIRON DR 0.130 NR 12. THORN PROPERTIES LLC SP2 280 MIRON DR 0.109 NR 13. LIGHT, DONALD C SF1-A 200 WESTWOOD DR 1.211 NR 14. ARIANNA SHABAHANG LLC C2 1695 E SOUTHLAKE BLVD 0.539 NR 15. BOOTSTRAP INVESTMENTS INC O1 1725 E SOUTHLAKE BLVD 1.131 NR 16. WOODS, GLEN A B1 205 MIRON DR 0.520 NR 17. CANDY BEARA LLC B1 305 MIRON DR 0.770 NR 18. SOUTHLAKE PROFESSIONAL PARK LL SP1 1825 E SOUTHLAKE BLVD 0.712 NR 19. G VERITAS HOLDINGS LLC SP1 1835 E SOUTHLAKE BLVD 0.678 NR 20. SOUTHLAKE MIRON LLC SP2 250 MIRON DR 0.112 NR 21. UDC MIRON LLC SP2 240 MIRON DR 0.138 NR 22. NTXMSK HOLDINGS LLC SP2 230 MIRON DR 0.068 NR 23. LSJT LTD SP2 220 MIRON DR 0.072 NR 24. LELAND PENNINGTON INVESTMENTS SP2 210 MIRON DR 0.084 NR 25. SOUTHLAKE MIRON LLC SP2 200 MIRON DR 0.083 NR 26. RCC MIRON OFFICE LTD SP2 300 MIRON DR 3.663 NR 27. BRUTON, PAUL R SP2 1615 E SOUTHLAKE BLVD 1.004 NR 28. PKY GROUP LLC SP1 1621 E SOUTHLAKE BLVD 1.033 NR Case No. Attachment D ZA17-093 Page 2 F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-five (25) Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 25 Case No. Attachment E ZA17-093 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-734 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 2R2, BLOCK 1, MIRON ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, T ARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.50 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "B-1" BUSINESS SERVICE PARK DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "B-1" BUSINESS SERVICE PARK DISTRICT USES, TO INCLUDE THE ADDITION OF FELINE SPECIALTY CAT HOSPITAL, 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, Case No. Attachment E ZA17-093 Page 2 WHEREAS, the hereinafter described property is currently zoned as "B-1" Business Service Park District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; str eet 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 a nd 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 Case No. Attachment E ZA17-093 Page 3 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 Case No. Attachment E ZA17-093 Page 4 be altered, changed and amended as shown and described below: Being described as Lot 2R2, Block 1, Miron Addition, an Addition to the City of Southlake, Tarrant County, Texas, being approximately 0.50 acres, and more fully and completely described in Exhibit “A” from "B-1" Business Service Park District to "S-P-1" Detailed Site Plan District with "B-1" Business Service Park District uses, to include the addition of Feline Specialty Cat Hospital, as depicted on the approved Site Plan attached hereto and incorporat ed herein as Exhibit “B”, subject to the following conditions: 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 exis ting 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 he rein 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 Case No. Attachment E ZA17-093 Page 5 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 valid ity 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 ordi nance; and, Case No. Attachment E ZA17-093 Page 6 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 befor e 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. PASSED AND APPROVED on the 1st reading the ____ day of _______, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _______ day of ______, 2018. ________________________________ Case No. Attachment E ZA17-093 Page 7 MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-093 Page 8 EXHIBIT “A” Reserved for Metes & Bounds Description Case No. Attachment E ZA17-093 Page 9 EXHIBIT “B” Reserved for Approved Plans