Loading...
Item 6BCase No. ZA17-100 S T A F F R E P O R T April 10, 2018 CASE NO: ZA17-100 PROJECT: Zoning Change and Concept/Site Plan for Stonebridge Park EXECUTIVE SUMMARY: On behalf of Southlake Neurology Properties, Mitchell Builders Inc. is requesting approval of a Zoning Change and Concept/Site Plan for property described as Lots 2R1, 2R2 and 3R1, Block 1, Stonebridge Park, an addition to the City of Southlake, Tarrant County, Texas and located at 155, 165 and 175 Stonebridge Lane, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood # 11. DETAILS: The Stonebridge Park development is located on the north side of W. Southlake Blvd., immediately west of Jellico Square and across the street from the Cantex nursing facility. The purpose of the request is to amend architectural design criteria and receive site plan approval for Lot 3R1 only. All other previously approved uses, regulations and conditions of the current “S-P-2” Generalized Site Plan District and concept plan are to remain. SITE DATA: Site Data Table for Lot 3R1 Component Proposed Approved under 480-548 Zoning S-P-2 with O-1 uses S-P-2 with O-1 uses Land Use Office Commercial Office Commercial Site Acreage 1.468 acres 1.468 acres Total Building Footprint 9,900 sf 9,900 sf Square Footage by Use: Lease Area 1 Lease Area 2 Riser Neurology Office 2,250 sf 2,350 sf 50 sf 5,250 sf N/A Building Lot Coverage 15% 15% Impervious Lot Coverage 49% 48% Parking Required 56 sp 54 sp (1:186) Parking Provided 56 sp 56 sp Department of Planning & Development Services Case No. ZA17-100 DEVELOPMENT REGULATIONS: Proposed “S-P- 2” Zoning, Ordinance No. 480-548a (ZA17-100) All uses and regulations to remain as permitted and depicted upon the approved concept plan under Ordinance No. 480-548, but to also allow the alternate architectural building design as depicted on the attached elevations for Lot 3R1 only. Existing “S-P-2” Zoning Ordinance No. 480-548 (ZA07-132) Lots 2R1, 2R2 and 3R1, Block 1, Stonebridge Park The “O-1” Office District uses which include limited retail uses and regulations are currently as shown below: The "S-P-2" zoning will follow the "O-1" Office District with regard to permitted uses and development regulations with the following exceptions:  The following retail uses shall be included as permitted uses: o Photographs, portrait or camera shops o Florist or gift shops o Shoe repair shops o Optical goods o Restaurants without drive through windows  Parking: An overall ratio of 1 space per 186 square feet of building area shall be used in calculating required parking for the entire site  Screening: A six (6) foot high wrought iron fence along the north and east property lines shall be permitted  Bufferyards: Bufferyards along interior lot lines shall not be required  Impervious Coverage: The overall site shall not exceed 60% impervious coverage; however, individual lots shall not exceed 71% impervious coverage *See concept plan and associated exhibits The following variances have been previously approved:  Driveway Stacking: A stacking depth of 50 feet is required for the proposed driveways on Stonebridge Lane. The applicant is requesting stacking depths of 27 feet, 19 feet and 0 feet. (Driveway Ord. No. 634, Section 5.2.d)  Driveway Spacing: The minimum driveway spacing required is 100 feet between driveway centerlines on a local street. The applicant is requesting a distance of ±30 feet from the northernmost drive to the off- site driveway to the north. (Driveway Ord. No. 634, Section 5.1)  Street R.O.W.: The minimum R.O.W. width for a local commercial street is 60 feet with a pavement width of 36 feet. The applicant is requesting a R.O.W. width of 40 feet and a pavement width of 30 feet. (Subdivision Ord. No. 483, Section 5.02.A) ACTION NEEDED: 1. Conduct Public Hearing Case No. ZA17-100 2. Consider Approval of 2nd Reading for Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Site Plan Review Summary No. 4, dated April 10, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-548A Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to “S-P-2” Regulations Link to Narrative Link to Plans Link to SPIN meeting report STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA17-100 Page 1 BACKGROUND INFORMATION OWNER: Southlake Neurology Properties APPLICANT: Mitchell Builders Inc. PROPERTY SITUATION: 155, 165 and 175 Stonebridge Lane LEGAL DESCRIPTION: Lots 2R1, 2R2 and 3R1, Block 1, Stonebridge Park LAND USE CATEGORY: Office Commercial and 100-Year Flood Plain CURRENT ZONING: “S-P-2” Generalized Site Plan District PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: -A change of zoning to “S-P-2” Generalized Site Plan District was approved for Stonebridge Park by City Council on September 18, 1996. -City Council approved a site plan for an animal hospital on August 5, 1997 on what is now Lot 1. -City Council approved a preliminary plat for Stonebridge Park on October 7, 1997. (ZA97-123) -A final plat for Lot 1 was approved by P&Z on October 23, 1997. (ZA97- 133) -P&Z approved a final plat for Lots 2 – 6 on January 22, 1998. (ZA97- 178) -A revised site plan for the animal hospital on Lot 1 was approved by City Council on March 19, 2002. (ZA02-012) -City Council approved a change of zoning to “S-P-2” and concept plan on May 3, 2005. (ZA04-047) -A revised preliminary plat and plat revision were approved by City Council on April 18, 2006. (ZA05-151 & 152) -A zoning change and site plan was approved February 5, 2008 for Cantex senior facility. (ZA07-131) -A zoning change and concept plan was approved February 5, 2008 for Lots 2R1, 2R2 and 3R1. (ZA07-132) -A plat revision and preliminary plat were approved August 19, 2008. (ZA08-058 & 060) -A site plan for Lot 2R2 was approved August 18, 2009. (ZA09-028) SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Office Commercial which is defined in the Southlake 2035 plan as follows: “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 Case No. Attachment A ZA17-100 Page 2 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. There were no specific land use recommendations that came out of the adopted FM1938 Corridor Plan for this location. Pathways Master Plan & Sidewalk Plan The applicant is proposing to construct a 5’ sidewalk along the southwest boundary on Stonebridge Lane. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The development proposes two access driveways onto Stonebridge Lane and a connection to the adjacent property to the east (Jellico Square). There is an existing connection to Jellico Square from the lot directly to the south (Lot 2R2). And, there is an existing median at the exit drive onto FM 1709 which forces right-out turns only from the development. Traffic Impact A Traffic Impact Analysis (TIA) threshold worksheet was submitted and reviewed by staff. No TIA will be required for this project. TREE PRESERVATION: The proposed preservation of existing canopy cover complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover is 76% and a minimum of 40% of the existing tree cover is proposed to be preserved. The applicant is proposing to preserve 41% of the existing tree cover. The area of trees being preserved on the north is also identified on the City’s Environmental Resource Protection Plan. UTILITIES: Water There are existing 8” and 6” water lines along Stonebridge Lane that will serve this property. Sewer There is an existing 8” sanitary sewer line along the east side of Stonebridge Lane that will serve this property. CITIZEN INPUT: A SPIN meeting was held on December 12, 2017 (SPIN2017-38) Link to SPIN Report PLANNING & ZONING COMMISSION: March 8, 2018; Approved (5-0) subject to the Staff Report dated March 2, 2018 and Site Plan Review Summary No. 3, dated February 27, 2018. Although not stated in the motion, the Commission recommended the Case No. Attachment A ZA17-100 Page 3 applicant provide a more detailed color rendering of the proposed building for City Council consideration; also alternate window style/placement regarding small windows on west elevation. The applicant is working on an updated color rendering and will also provide a materials sample board for the City Council meeting. The black and white elevations have been updated and included in the meeting packet materials. CITY COUNCIL: March 20, 2018; Approved 1ST Reading (7-0) on Consent. April 3, 2018; Approved to Table 2nd Reading to April 17, 2018. (due to legal notification error) STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated February 27, 2018. General Development Standards Applies? Comments Overlay Regulations Yes Subject to requirements of Residential Adjacency Overlay Requirements Met Building Articulation Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43 Requirement Met Masonry Standards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43 Requirement Met Impervious Coverage Yes Not to exceed 60% for total development; any one lot cannot exceed 71%. Requirement Met per S-P-2 Regulations. Lot 3R1 proposed at 49%. Bufferyards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 42 Requirement Met. Not required on internal lot boundaries per S-P-2 Regulations Interior Landscape Yes Subject to requirements of Landscape Ordinance No. 544-B (Section 3.3) Requirement Met Tree Preservation Yes Subject to requirements of Tree Preservation Ordinance No. 585-D Requirement Met Case No. Attachment B ZA17-100 Page 1 Case No. Attachment C ZA17-100 Page 1 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA17-100 Review No.: Four Date of Review: 04/10/18 Project Name: Zoning Change & Concept / Site Plan – Southlake Neurology at Stonebridge Park APPLICANT: Mitchell Builders, Inc. ENGINEER: Di Sciullo-Terry, Stanton & Assoc., Inc. Terry Mitchell Joyce Stanton 1610 Pheasant Ln. Southlake, Texas Phone: 817-366-3042 Phone: 817-275-3361 Email: terry@mitchellbuildersinc.com Email: jstanton@dterry.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/12/18 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 submitted landscape plan indicates a 5’ Type A and the submitted site plan indicates a 10’ Type A along the east boundary. The bufferyard chart is also inconsistent. A 5’ type ‘A’ is required, but a 10’ Type ‘A’ can be provided. Correct the discrepancy.  Please be aware when submitting for a building permit, any variation from the approved site plan or approved elevations and renderings may require a zoning change.  Staff recommends providing a materials sample board. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENT: * The proposed preservation of existing canopy cover complies with the Existing Tree Cover Requirements of the Tree Preservation Ordinance. The existing tree cover is 76% and a minimum of 40% of the existing tree cover is proposed to be preserved. The applicant is proposing to preserve 41% of the existing tree cover. The area on the north portion of the site is identified on the City’s Environmental Resource Protection Plan an area of protected tree cover and is being preserved on the tree conservation plan. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Case No. Attachment C ZA17-100 Page 2 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 the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 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. 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 (as established in Table 1.0). 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. * 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 Case No. Attachment C ZA17-100 Page 3 constructed do not conflict with existing trees intended to be preserved. * 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. INTERIOR LANDSCAPE AND BUFFERYARDS COMMENTS: 1. Clearly delineate which existing trees are being used to provide existing tree credits for required interior landscaping and bufferyard landscaping. Existing tree credits are proposed to be taken for existing trees preserved within the interior landscape and bufferyard areas. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alejandra Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * 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 INFORMATIONAL COMMENTS: * 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 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 Case No. Attachment C ZA17-100 Page 4 * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * 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. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. (Riser room not indicated on plans) FIRE HYDRANT COMMENTS: Fire Department Connection for sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lane access. (Location of Fire Department Connection is not indicated on plans) (A remote FDC may be provided to meet distance requirements) FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2015 I.F.C. Sec. 503.2.4) (Radius not indicated) (Also, need to clearly label all fire lanes on the property to determine requirements) Case No. Attachment C ZA17-100 Page 5 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 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. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material 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. Synthetic products (e.g., EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * The applicant should be aware that prior to issuance of a building permit a Plat 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 ZA17-100 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. WYMER, DAVID SF1-A 235 TIMBERLINE LN 1.89 NR 2. GARNER, ROBERT SF1-A 225 TIMBERLINE LN 1.65 NR 3. S & S LAND HOLDING LLC SP2 165 STONEBRIDGE LN 0.61 NR 4. TUCKER 23 LLC C2 2301 W SOUTHLAKE BLVD 1.34 NR 5. 2325 W SOUTHLAKE LLC C2 2325 W SOUTHLAKE BLVD 0.75 NR 6. DAILY SIX TEXAS INC SP1 2335 W SOUTHLAKE BLVD 0.49 NR 7. GARNER, ROBERT SF1-A 1.56 NR 8. STONEBRIDGE MONTICELLO PRTNS L SP2 155 STONEBRIDGE LN 0.58 NR 9. SOUTHLAKE NEUROLOGY PROPERTIES SP2 175 STONEBRIDGE LN 1.43 NR 10. 437 NORTH MAIN PARTNERS LP SP2 2300 W SOUTHLAKE BLVD 0.82 NR 11. SOUTHLAKE CMC LLC SP2 2340 W SOUTHLAKE BLVD 0.70 F 12. SOUTHLAKE CROSSING ANI CLINIC C3 2320 W SOUTHLAKE BLVD 0.64 F 13. ANKINZ LLC SP2 2350 W SOUTHLAKE BLVD 3.76 NR 14. DREWS REALTY GROUP SP2 2345 W SOUTHLAKE BLVD 0.99 NR 15. FIRST CARLYLE CAPITAL FUNDING SP1 170 STONEBRIDGE LN 4.31 NR 16. 437 NORTH MAIN PARTNERS LP SP2 210 RANDOL MILL AVE 3.80 NR 17. FSCF II LLC SP1 150 STONEBRIDGE LN 1.36 NR 18. RISING SUN PROPERTIES LLC SP2 2310 W SOUTHLAKE BLVD 0.91 NR 19. CAMPBELL, DANNY E SF1-A 360 RANDOL MILL AVE 2.76 NR 20. ENDEAVOR CD PROPCO LLC SP2 300 RANDOL MILL AVE 2.12 NR 21. 437 NORTH MAIN PARTNERS LP SP2 250 RANDOL MILL AVE 1.75 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received: Two (2) in favor City of Grapevine Case No. Attachment D ZA17-100 Page 2 Case No. Attachment D ZA17-100 Page 3 Case No. Attachment E ZA17-100 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-548A 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 LOTS 2R1, 2R2 AND 3R1, BLOCK 1, STONEBRIDGE PARK ADDITION, BEING APPROXIMATELY 2.70 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT/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 under the City’s Comprehensive Zoning Ordinance; and Case No. Attachment E ZA17-100 Page 2 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, li ghting 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 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 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 Case No. Attachment E ZA17-100 Page 3 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 det ermined 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: a. Case No. Attachment E ZA17-100 Page 4 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 a bove 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, phra ses and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in Case No. Attachment E ZA17-100 Page 5 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 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 Case No. Attachment E ZA17-100 Page 6 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. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment E ZA17-100 Page 7 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-100 Page 8 EXHIBIT “A” Case No. Attachment E ZA17-100 Page 9 EXHIBIT “B”