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Item 15 - Pieter AndriesCase No. ZA18-0019 S T A F F R E P O R T June 1, 2018 CASE NO: ZA18-0019 (formerly ZA18-0018) PROJECT: Zoning Change and Site Plan for Pieter Andries Jeweler EXECUTIVE SUMMARY: RPGA Design Group, Inc., on behalf of Pieter Andries Jeweler, is requesting approval of a Zoning Change and Site Plan for Pieter Andries Jewelers on property described as Lot 3-R-2, Block 1, Georgetown Park, and located at 2525 E. Southlake Boulevard, Southlake, Texas. Current Zoning: “C-2” Local Retail Commercial District. Requested Zoning: “S-P-1” Detailed Site Plan District with “C- 2” Local Retail Commercial District uses. SPIN Neighborhood #8. DETAILS: The site is located on E. Southlake Blvd. approximately 575 feet west of S. Nolen Drive. The current S-P-1 zoning and site plan allowed for a 2-story addition to the existing 8,091 square foot jeweler’s shop that included an expansion on the first floor and onsite security surveillance on the second floor. The approval also allowed the addition of a 1,077 square foot porte cochere and a 541 square foot security area on the east side of the building. Neither of these additions has been constructed. The purpose of this request is to retain the previously approved 2-story addition and security area and 1,593 square foot fully secured VIP vehicular entry and loading area, but to remove the previously designated 4 off-site parking spaces and landscaping located on the east adjacent property. The applicant was unable to secure an agreement with the adjacent property owner to allow the construction of the 4 parking spaces and landscaping. The “S-P-1’ regulations have been revised to allow the parking to be 32 spaces. Department of Planning & Development Services Case No. ZA18-0019 **includes 4 off-site parking spaces *** included in “S-P-1” regulations Development Regulations Comparison VARIANCE REQUESTED: The applicant has requested a variance to the Landscape Ordinance to allow the landscape requirements for the existing fully landscaped lot with the additional landscaping as depicted in the proposed Landscape Plan. Pieter Andries Jeweler Approved ZA14-059 Approved ZA17-103 Proposed ZA18-0019 Existing Zoning C-2 SP-1 with C-2 uses SP-1 with C-2 uses Proposed Zoning SP-1 with C-2 uses SP-1 with C-2 uses SP-1 with C-2 uses Gross Area 2.4 acres 2.4 acres 2.4 acres Number of Proposed Buildings 1 1 1 Existing Building Floor Area Gross 8,091 SF Net 7,569 SF Gross 8,091 SF Net 7,569 SF Gross 8,091 SF Net 7,569 SF Proposed Additions Floor Area Gross 2,522 SF Net 2,194 SF (includes 2-story addition and security area east addition) 2-story addition: 1st floor: Gross 975 SF Net 886 SF 2nd floor: Gross 1,006 SF Net 837 SF Total SF: Gross 1,981 SF 1-story addition: Gross 1,593 SF Net 1,485 SF 2-story addition: 1st floor: Gross 975 SF Net 886 SF 2nd floor: Gross 1,006 SF Net 837 SF Total SF: Gross 1,981 SF 1-story addition: Gross 1,593 SF Net 1,485 SF Total Building Floor Area Gross 10,613 SF Net 9,763 SF Gross 10,777 SF Net 9,774 SF Gross 10,777 SF Net 9,774 SF Required Parking (Per Ord.) 36 spaces 39 spaces 39 spaces Provided Parking 33 spaces 36 spaces** 32 spaces*** Proposed Overall Parking Ratio 1 space: 296 sf 1 space: 325 sf 1 space: 276 sf Development Regulation Pieter Andries Jeweler “S-P-1” Requirement ZA14-059 Pieter Andries Jeweler “S-P-1” Requirement ZA17-103 Pieter Andries Jeweler “S-P-1” Requirement ZA18-0019 “C-2” Local Retail Commercial Requirement Front Yard 50-feet (existing building setback) 50-feet (existing building setback) 50-feet (existing building setback) 30-feet/C-2 district; 50 – feet/ FM 1709 Parking 1 space/ 296 sf for all uses (33 provided) 1 space/ 300 sf for all uses (32 provided) 1 space/ 325 sf for all uses (32 provided) 1/200sf retail; 1/300 office; 1/1,000 storage (36 required) Bufferyards 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O north; 5’ A east, south &west Articulation Allow as presented Allow as presented Allow as presented Complies with Corridor Overlay Max. Impervious Coverage 75% 74.9% 74.9% 70% Case No. ZA18-0019 ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated June 1, 2018 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-671b Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link Narrative Link SP-1 Use and Regulation Document Link Plans: Page 1 Site Plan Page 2 Tree Protection/Landscape Plan Pages 3-4 Building Elevations STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA18-0019 Page 1 BACKGROUND INFORMATION OWNER: Pieter Andries Hye APPLICANT: RPGA Design Group, Inc. PROPERTY SITUATION: 2525 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 3-R-1, Block 1, of the Georgetown Park Addition, City of Southlake, Tarrant County, Texas. CURRENT ZONING: “C-2” Local Retail Commercial District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses HISTORY: September 19, 1989, “C-2” Zoning was placed on the property with the adoption of the City’s Zoning Ordinance and official zoning map; August 20, 1996, City Council approved a preliminary plat (ZA96-078); January 6, 1998; City Council approved a plat revision (ZA97-152); February 3, 1998 City Council approved a revised preliminary plat and (ZA97-151); ` February 3, 1998; City Council approved a zoning change and concept plan for Georgetown Park (ZA97-159). July 21, 1998; City Council approved a plat revision (ZA98-72). August 18, 1998; City Council approved a site plan (ZA98 -081) September 16, 2014; City Council approved a zoning change and site plan to allow a 1,077 square foot porte cochere and a 541 square foot security area addition on the east side of the building, and a two story 1,981 square foot addition located on the southwest corner of the building; and pursuant to the Site Plan Review Summary No. 4, dated September 9, 2014. (ZA14- 059) February 20, 2018; City Council approve a zoning change and site plan to allow a 2-story addition to the existing 8,091 square foot jeweler’s shop that included an expansion on the first floor and onsite security surveillance on the second floor. The approval also allowed the addition of a 1,077 square foot porte cochere and a 541 square foot security area on the east side of the building and approved the applicant’s request for a variance to the Landscape Ordinance 544 -B to allow the landscape as depicted on the proposed landscape plan. CITIZEN INPUT: A SPIN meeting was previously held on August 26, 2014 for this development. A current SPIN report was not held for this current request. Case No. Attachment A ZA18-0019 Page 2 SOUTHLAKE 2030: Consolidated Land Use Plan The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood - type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office -related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial. The development as proposed appears to be consistent with the intent of the land use designation at this location. Pathways Master Plan An existing eight (8) foot wide sidewalk is located along the E. Southlake Boulevard. TREE PRESERVATION/ LANDSCAPE: The original Site Plan was approved in 1998 . The trees and landscaping are not required to be maintained in perpetuity, since the floor area is increasing by more than 30%, the entire site must meet the requiremen ts of the current Landscape Ordinance. The applicant intends to utilize the existing trees that are identified to be removed and replant 6 trees at other available locations within the site. Variance Requested UTILITIES: Water The site is served by an existing 6-inch water line within the development. Sewer The site is served by an existing 6-inch sewer line within the development TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will access onto E. Southlake Boulevard, a six (6) lane divided arterial with approximately one hundred thirty (130) feet of right-of-way. E. Southlake Boulevard (13) (between Kimball Avenue & Nolen Drive) 24hr East Bound (20,285) West Bound (18,369) AM Peak AM (1,760) 7:45 AM– 8:45 AM Peak AM (1,469)11:45 AM– 12:45 PM Case No. Attachment A ZA18-0019 Page 3 PM Peak PM (1,483) 12:00– 1:00 PM Peak PM (1,8712) 4:45 – 5:45 PM * Based on the 2015City of Southlake Traffic Count Report Traffic Impact Use Area (sq. ft.) Vtpd* AM- IN AM- OUT PM- IN PM- OUT Specialty Retail Center (814) 9,571 425 32 34 27 22 * 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 STAFF COMMENTS: The Site Plan Review Summary No. 2, dated June 1, 2018 is located in Attachment ‘C’. Note: case number has changed to ZA18-0019 (formerly ZA18-0018) Case No. Attachment B ZA18-0019 Page 1 Case No. Attachment C ZA18-0019 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0019 (formerly ZA18-0018) Review No.: Two Date of Review:6/1/18 Project Name: Zoning Change and Site Plan for Pieter Andries Jeweler APPLICANT: RPGA Design Group, Inc. Owner: International MBC, Inc Robert Garza Pieter Andries Hye 101 S. Jennings Avenue, Ste. 100 4522 Saddle Ridge Road Ft. Worth, TX 76104 Southlake, TX 76092 Phone: (817) 332-9477, ext. 208 Phone: (817) 748-4367 Fax: (817) 332-9487 Fax: (817) 749-4474 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/28/18 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 RICHARD SCHELL AT (817) 748-8602. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Eight (8) existing landscape trees that qualify as protected trees are proposed to be removed. Please provide the existing tree cover preservation calculations on the Tree Conservation Plan. * Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified o n the site Case No. Attachment C ZA18-0019 Page 2 xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of b uildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved i f 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 Coun cil. 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; Case No. Attachment C ZA18-0019 Page 3 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 constructio n 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. The proposed additional building square f ootage exceeds 30% the existing building square footage and the property is proposed to be rezoned. All interior landscape and bufferyard requirements are required to be met. Please provide a landscape plan which encompasses the entire property and shows interior landscaping and bufferyards. Interior Landscape Requirement: INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area required on the interior of the lot (excludes bufferyards) shall be based on the square footage of the proposed buildings. The square footage of the building for the purposes of this ordinance will be the square footage of the first floor or the square footage of the largest floor, whichever is greater. Bufferyard Requirement: CHANGES IN ZONING: Any request for changes in zoning to any district other than agricultural 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 use. New construction which increases the square footage of the existing building by thirty percent (30%) or greater or which exceeds 5000 square feet shall be required to meet the bufferyard requirements. 2. More existing landscaping is proposed to be removed than replaced. Since the interior landscape and bufferyard regulations are required to be met, all existing landscape on the lot must be shown. There may be enough existing landscaping on the site to meet the requirements but without it shown to be provided for it cannot be quantified. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Case No. Attachment C ZA18-0019 Page 4 Steve Anderson, P.E., CFM Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map sho wing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet, if applicable. 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. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collect ors 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. Ple ase 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 * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre- construction, construction and post-construction erosion control measures. * 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. Case No. Attachment C ZA18-0019 Page 5 *=Denotes informational comment. _______________________________________________________________________________ Fire Department Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments * No review of proposed signs is intended with this site plan, including monument signs. A separate permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit, 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. * 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 stucco finish with equal or greater strength and durability specifications. The use of syntheti c products (e.g., EIFS – exterior insulation and finish systems, hardy plank, or other materials) shall not be considered as masonry material. (As amended by Ordinance 480 -PPP) * Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from any rights -of-way as defined in Section 43.19.d. This shall include equipment on the roof, on the ground or otherwise attached Case No. Attachment C ZA18-0019 Page 6 to the building or located on the site. Rooftop me chanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building’s design and ensures that such equipment is not visible from ROW as defined in Section 43.19.d.. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. * Denotes Informational Comment Case No. Attachment D ZA18-0019 Page 1 SURROUNDING PROPERTY OWNERS MAP Pieter Andries Jeweler SPO # Owner Zoning Address Acreage Response 1. WYNDHAM PROPERTIES LTD SP2 2600 E SOUTHLAKE BLVD 2.00 NR 2. 2425-2435 E SOUTHLAKE LLC C2 2425 E SOUTHLAKE BLVD 1.74 NR 3. INTERNATIONAL MBC INC SP1 2525 E SOUTHLAKE BLVD 0.89 NR 4. SS DAVIS INVESTMENT LLC ETAL C2 2615 E SOUTHLAKE BLVD 1.97 NR 5. ANDREWS-DILLINGHAM PROPERTIES C2 2535 E SOUTHLAKE BLVD 0.84 NR 6. DOWNEY ENTERPRISES LLC C2 2545 E SOUTHLAKE BLVD 0.92 NR 7. DREAM 7 EQUITIES LLC C2 2445 E SOUTHLAKE BLVD 0.68 NR 8. GRANTLAND PROPERTIES LLC C2 2625 E SOUTHLAKE BLVD 0.55 NR 9. COZ LLC C3 2325 E SOUTHLAKE BLVD 0.80 NR 10. CESANDER, LAURENCE P O1 2485 E SOUTHLAKE BLVD 1.34 NR 11. CARR, HOWARD E AG 311 S KIMBALL AVE 5.66 NR 12. WYNDHAM PROPERTIES LTD SP2 2550 E SOUTHLAKE BLVD 0.68 NR 13. SOVEREIGN BANK NA C2 2438 E SOUTHLAKE BLVD 0.87 NR 14. Superintendent of Carroll ISD NR 15. Superintendent of Grapevine Colleyville ISD NR 16. Superintendent of Northwest ISD 17. Superintendent of Keller ISD F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received: In Favor: 0 Opposed: 0 No Response: 16 Case No. Attachment E ZA18-0019 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses to date Case No. Attachment F ZA18-0019 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-671b 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 3-R-1, BLOCK 1, OF THE GEORGETOWN PARK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.4 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-2” LOCAL RETAIL COMMERCIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL 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 “C-2” Local Retail Case No. Attachment F ZA18-0019 Page 2 Commercial District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these 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 adequac y of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment F ZA18-0019 Page 3 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 3-R-1, Block 1 of the Georgetown Park Addition, City of Case No. Attachment F ZA18-0019 Page 4 Southlake, Tarrant County, Texas, located at 2525 E. Southlake Boulevard, Southlake, Texas. Current Zoning: “C-2” Local Retail Commercial District. Requested Zoning: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following: Ordinance 480-671(ZA14-059): September 16, 2014; Approved (7-0) pursuant to the Site Plan review Summary No. 4, dated September 9, 2014. Ordinance 480-671a (ZA17-103): February 6, 2018; Approved (6-0) on the consent agenda for 1st Reading; granting the landscape ordinance variance as presented this evening. February 20, 2018; Approved (7-0) at 2nd Reading; subject to the Staff Report dated February 13, 2018 and the Site Plan Review Summary No. 2 dated January 12, 2018; noting we are approving the applicant’s request for a variance to the Landscape Ordinance 544-B to allow the landscape as depicted on the proposed landscape plan. City Council motion: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in Case No. Attachment F ZA18-0019 Page 5 accordance with the comprehensive plan for the pu rpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each off ense. Each day that a Case No. Attachment F ZA18-0019 Page 6 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, sa me shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least 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. Case No. Attachment F ZA18-0019 Page 7 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: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment F ZA18-0019 Page 8 EXHIBIT “A” PROPERTY DESCRIPTION 2525 E. Southlake Blvd. Lot 3-R-1, Block 1, of Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas as shown on the plat thereof recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas. WHEREAS International MBC, Inc. is the owner of a 0.8917 acre tract of land recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas, situated in Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8” iron rod found in the south line of East Southlake Boulevard (F.M. 1709) at the northeast corner of Lot 1-R-1, Block 1, GEORGETOWN PARK according to the plat thereof recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas. THENCE, South 70 degrees, 47 minutes, 12 seconds East a distance of 187.83 feet to a 5/8” iron rod found in the northwest corner of Lot 4, Block 1, GEORGETOWN PARK, according to the plate thereof recorded in Cabinet A, Slide 4216, Plat Records, Tarrant County, Texas; THENCE, South 00 degrees, 01 minutes, 38 seconds West a distance of 188.13 feet to a 5/8” iron rod found in the northeast corner of Lot 3-R-2, Block 1, GEORGETOWN PARK; THENCE, North 89 degrees, 59 minutes, 40 seconds west a distance of 177.31 feet to a 5/8” iron rod found in the northwest corner of Lot 3-R-2, Block1, GEORGETOWN PARK; THENCE, South 00 degrees, 00 minutes, 20 seconds West a distance of 249.93 feet to the POINT OF BEGINNING. CONTAINING, 38,842 square feet or 0.8917 acres of land, more or less. Case No. Attachment F ZA18-0019 Page 9 EXHIBIT “B” Exhibits (ZA14-059) Site Plan Case No. Attachment F ZA18-0019 Page 10 (ZA14-059) Landscape Plan Case No. Attachment F ZA18-0019 Page 11 (ZA14-059) Narrative Case No. Attachment F ZA18-0019 Page 12 (ZA14-059) Elevations Case No. Attachment F ZA18-0019 Page 13 (ZA17-103) Site Plan Case No. Attachment F ZA18-0019 Page 14 (ZA17-103) Landscape Plan Case No. Attachment F ZA18-0019 Page 15 (ZA17-103) Case No. Attachment F ZA18-0019 Page 16 (ZA17-103) Case No. Attachment F ZA18-0019 Page 17 (ZA17-103) Elevations