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Item 6ACase No. ZA17-082 S T A F F R E P O R T July 31, 2018 CASE NO: ZA17-082 PROJECT: Zoning Change and Site Plan for 807 E. Southlake Blvd. Offices EXECUTIVE SUMMARY: Blake Architects is requesting approval of a Zoning Change and Site Plan for 807 E. Southlake Blvd. Offices on property described as Tract 3A01, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and located at 807 E. Southlake Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #9. DETAILS: The property is located on the south side of E. Southlake Boulevard, approximately 550 feet west of Tower Boulevard. The purpose of the request is to gain approval of a Zoning Change and Site Plan from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses to accommodate the development of three (3) approximately 7,700 square foot single-story medical office buildings on approximately 3.085 acres. The proposed Site Plan shows access to E. Southlake Blvd. to the north and Zena Rucker Rd. to the south. There are two common access drives proposed to connect to the existing Zelda Offices development to the west and two common access stub-outs to the property to the east which will connect with future development of that site. Right of way dedication for a future decel lane is shown on the northeast boundary on the proposed Site Plan. The trips generated by the future development of the adjacent lot to the east are anticipated to exceed the threshold for a decel lane resulting in the likelihood that TxDOT will permit a modified decel lane in this location. Site Data Summary Existing Zoning “AG” Proposed Zoning “S-P-1” Land Use Designation Office Commercial Gross/Net Acreage 3.085 ac./2.983 ac. Total Building Floor Area (Gross) 23,100 sq. ft. Building Height/Number of Stories 31’ 10” / 1 story Open Space % 32% Impervious Coverage % 68% Total Parking Required (Medical Office) 157 spaces Provided Parking 164 spaces Department of Planning & Development Services Case No. ZA17-082 The proposed “S-P-1” zoning district will follow the permitted uses and regulations in the “O-1” Office District with the following exceptions: Regulation “O-1” District “S-P-1” Regulation Maximum Impervious coverage 65% 68% Bufferyards 5’ Type ‘A’ Allow the bufferyard as shown on the south property line adjacent to Zena Rucker Rd. VARIANCE REQUESTED: Driveway Ordinance No. 634 requires a minimum spacing distance of 150 feet between driveways. The applicant is requesting a spacing of approximately 128 feet between Drive ‘D’ on Zena Rucker Blvd. and the future drive to the west to align the driveway with the Matthews Court street to the south of Zena Rucker Rd. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider 2nd Reading approval of Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Site Plan Review Summary No. 6, dated June 12, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-746 11x17 Plans (for Council members only) Link to PowerPoint Presentation Link to Narrative / “S-P-1” Regulations Link to Plans Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA17-082 Page 1 BACKGROUND INFORMATION OWNER: Southlake Health & Wellness APPLICANT: Blake Architects PROPERTY SITUATION: 807 E. Southlake Blvd. LEGAL DESCRIPTION: Tract 3A01, O.W. Knight Survey, Abstract No. 899 LAND USE CATEGORY: Office Commercial CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: - The property was annexed into the City in 1956 and given the “AG” Agricultural District zoning designation. - The previous house and barn on the property were demolished in 2017. 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 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. Pathways Master Plan & Sidewalk Plan There in an existing 8’ sidewalk along Southlake Boulevard. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The development will be accessed from E. Southlake Boulevard and Zena Rucker Road. In addition, there are four (4) common access easements proposed on the site plan; two (2) connecting to the east property and two (2) connecting to the west property. Case No. Attachment A ZA17-082 Page 2 Traffic Impact A Traffic Impact Analysis (TIA) threshold worksheet was submitted and reviewed by staff. A TIA was not required for this project. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-E since it is being rezoned. There is approximately 37% existing tree cover on the site, of which, approximately 74% is proposed to be preserved. A standard zoning district would require that a minimum 60% of existing tree cover be preserved. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: Water There is an existing 12-inch water line running along the south side of E. Southlake Blvd. that will serve this development. Sewer There is an existing 8-inch sanitary sewer line along the west side of the adjacent property that will serve this development. DRAINAGE: Drainage is generally sheet flow from northeast to southwest across the property. A detention pond is proposed at the southwest corner of the development. Case No. Attachment A ZA17-082 Page 3 CITIZEN INPUT: A SPIN meeting was held on October 24, 2017. Link to SPIN Report PLANNING AND ZONING COMMISSION: June 7, 2018; Approved (6-0) subject to the staff report dated June 1, 2018 and Site Plan Review Summary No. 6, dated May 29, 2018 and granting the variance requested in the staff report. CITY COUNCIL: June 19, 2018; Approved 1st Reading (6-0) subject to the staff report dated June 12, 2018 and Revised Site Plan Review Summary No. 6, dated June 12, 2018; granted the requested variance for driveway spacing. STAFF COMMENTS: Attached is Site Plan Review Summary No. 6, dated June 12, 2018. General Development Standards Applies? Comments Overlay Regulations Yes Subject to requirements of Corridor 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 65% under O-1 underlying zoning district S-P-1 regulation written to allow 68% Parking Yes Required parking per use and square footage equates to 157 spaces. Requirement Met. 164 spaces proposed to be provided Bufferyards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 42 Requirements met for East, West and North bufferyards. S-P-1 regulation written to allow South bufferyard as proposed. 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-E Requirement Met Case No. Attachment B ZA17-082 Page 1 Case No. Attachment C ZA17-082 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA17-082 Revised Review No.: Six Date of Review: 6/12/18 Project Name: Zoning Change and Site Plan – 807 E Southlake Blvd Offices APPLICANT: Roger “Skip” Blake OWNER: Mark Valente Blake Architects Southlake Health and Wellness Development 1202 S White Chapel Blvd 3160 N Tarrant Pkwy, Ste 404 Southlake, Texas 76092 Fort Worth, Texas 76177 Phone: 817-488-9397 Phone: 214-384-1642 Email: blakearch@verizon.net Email: markvalente@hotmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY 5/21/18 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. Provide written legal description and graphic exhibit on separate document with PLS stamp. 2. Correctly show the right-of -way, centerline and pavement width/type for Zena Rucker Road. Additional ROW dedication appears to be needed through the southwest portion of the property to comply with the Master Thoroughfare Plan. 3. The required spacing from Driveway ‘D’ to the future private drive to the west is 150 feet. A variance has been requested. 4. Extend the Common Access Easement between Buildings ‘A’ and ‘B’ perpendicular rather than radial to the east boundary, common to the west boundary of the Zelda Partners tract. The off-site common access easement within the Zelda Partners tract also needs to be extended to this point. * An executed common access agreement will be required for Driveway ‘A’ prior to issuing building permits. * Please note an application for a single-lot Plat Showing must be completed and all requirements of Subdivision Ordinance No. 483, as amended, met before recordation in Tarrant County records. * Please address comments below from the Fire Marshal. Required labels and measurements are not shown on the submitted plan. Updated utility plans are required. Case No. Attachment C ZA17-082 Page 2 _________________________________________________________________________________ Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * There is approximately 37% existing tree cover on the site, of which, approximately 74% is proposed to be preserved. A standard zoning district would require that a minimum 60% of existing tree cover be preserved. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * 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. * Indicates informational comment. # Indicates required items comment. LANDSCAPE COMMENTS: 1. Existing tree credits are proposed to be taken for trees within the south, east, west bufferyards, and within the interior landscape area. There are no existing trees proposed to be Case No. Attachment C ZA17-082 Page 3 preserved within the south bufferyard area and 3 canopy trees, and 2 accent tree credits are proposed to be taken for the required south bufferyard plantings. The applicant is requesting the south bufferyard as proposed. 2. Please ensure that all mechanical and A/C units, electrical boxes, and transformers are fully screened from the right-of -way. * 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. _________________________________________________________________________________ Public Works/Engineering Review Steven Anderson, P.E. Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. 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 showing 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. 3. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. 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. RIGHT OF WAY: 1. Right of way for a future decel lane will need to be dedicated. The trips generated by the future adjacent lot will likely exceed the threshold for a decel lane. TxDOT is more likely to permit a modified decel lane in this location than deny it. 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 ZA17-082 Page 4 * 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. *=Denotes informational comment. _________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: A complete automatic fire sprinkler system will be required for buildings over 6,000 square feet, with sprinkler protection extended into the attic space if comprised of combustible construction. (Per 2015 I.F.C. Sec. 903.2.11.9 as amended) (Fire line water supply not indicated on plans) The required backflow protection (double check valve) for the sprinkler systems can be located on the risers if the risers are within 100 feet of the water main, measured linearly along the length of the pipe. If the risers are further than 100 feet from the main, the double check valves shall be in vaults. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. FIRE HYDRANT COMMENTS: Fire Department Connections for sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes. (FDC locations not indicated on plans) Add FDC locations, wall mount or remote connection, and add fire hydrants as necessary to meet the distance requirements. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis for sprinkled buildings. Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Fire Lane must enter the property off of Southlake Boulevard and continue through the property to the south and connect to a dedicated fire lane or public street, or an approved turn-around will be required) 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) _________________________________________________________________________________ Case No. Attachment C ZA17-082 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 ZA17-082 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. LE, KEN SF20A 801 GATESHEAD CT 0.46 NR 2. POTHINENI, AJAY SF20A 807 GATESHEAD CT 0.46 NR 3. HERRING, ERICH J SF20A 805 GATESHEAD CT 0.46 NR 4. TRIPP, MELODI R SF20A 803 GATESHEAD CT 0.47 NR 5. RUCKER, ZENA SULLIVAN SP2 801 E SOUTHLAKE BLVD 0.88 NR 6. HOUZZ VENTURES LLC AG 807 E SOUTHLAKE BLVD 2.95 NR 7. RUCKER, ZENA SULLIVAN SP2 803 E SOUTHLAKE BLVD 0.72 NR 8. RUCKER, ZENA SULLIVAN SP2 805 E SOUTHLAKE BLVD 0.93 NR 9. HCP CRS2 LTACH-BAYLOR SOUTHLAK SP1 731 E SOUTHLAKE BLVD 4.52 NR 10. DEVANE CLARKE PARTNERSHIP LTD SP2 731 ZENA RUCKER RD 2.30 NR 11. LANDLOCK LLC RPUD 851 E SOUTHLAKE BLVD 3.99 NR 12. NOORNEEL LLC SP1 751 E SOUTHLAKE BLVD 0.18 NR 13. NOORNEEL LLC SP1 751 E SOUTHLAKE BLVD 1.63 NR 14. RUCKER, ZENA SULLIVAN TR AG 841 E SOUTHLAKE BLVD 4.14 NR 15. ZELDA PARTNERS LTD AG 811 E SOUTHLAKE BLVD 6.77 NR 16. FOXBOROUGH HOA INC SF20A 800 E SOUTHLAKE BLVD 0.92 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received: None Case No. Attachment E ZA17-082 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-746 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 TRACT 3A01, O.W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.085 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S- P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA17-082 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 haz ards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off -street parking facilities; location of ingress and egress points for parking and off -street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad 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 conside red among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably Case No. Attachment E ZA17-082 Page 3 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 als o 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, 1 989, 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 Tract 3A01, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas being approximately 3.085 acres, and more Case No. Attachment E ZA17-082 Page 4 fully and completely described in Exhibit “A” from “AG” Agricultural District to “S- P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any 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 existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate t he 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 Case No. Attachment E ZA17-082 Page 5 value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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. Case No. Attachment E ZA17-082 Page 6 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days af ter 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 19th day of June, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA17-082 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-082 Page 8 EXHIBIT “A” Being described as Tract 3A01, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, being approximately 3.085 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA17-082 Page 9 EXHIBIT “B” Reserved for approved Site Plan