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Item 7ACase No. ZA19-0033 S T A F F R E P O R T August 13, 2019 CASE NO: ZA19-0033 PROJECT: Zoning Change and Concept/Site Plan for The Wheelhouse EXECUTIVE SUMMARY: On behalf of Melva Stanfield, Wyndham Properties is requesting approval of a Zoning Change and Site Plan for The Wheelhouse and Zoning Change and Concept Plan for The Wheelhouse Open Space Lots on property described as Tracts 6C01A, 6C02, 6C and 6C03, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at 880 – 950 Davis Blvd. (F.M. 1938), Southlake, Texas. Current Zoning: "I-1" Light Industrial District and “AG” Agricultural District. Proposed Zoning: "S-P-1" Detailed Site Plan District and "SF-20A" Single Family Residential District. SPIN Neighborhood #11. DETAILS: The proposed development is located on the west side of Davis Blvd. (F,M. 1938) approximately 600 feet north of the intersection with Union Church Rd. The purpose of this request is to seek approval of a Zoning Change and Site Plan for the Wheelhouse to develop two single-story buildings along Davis Blvd. totaling approximately 19,461 square feet with limited “I-1” Light Industrial District uses to also include office showroom with retail sales and automobile and motorcycle sales and service uses and three single-story buildings behind totaling approximately 47,629 square feet with garage, maintenance of personal vehicles and storage uses on approximately 4.937 acres. New facades are proposed for the two existing industrial buildings on the property totaling approximately 18,745 square feet with uses also limited to garage, maintenance of personal vehicles and storage. The remaining approximately 2.028 acres of the property is proposed as open space with “SF-20A” Single Family Residential District zoning with the proposed Lot 6 limited to open space and the proposed Lot 7 limited to open space or it could be conveyed to the property owner of Lot 10, Block 3, Siena Phase 3 to be combined with that lot. The Site Data Summary Chart is below: Case No. ZA19-0033 The development regulations are based on the “I-1” Light industrial District Regulations with the following exceptions: Parking: Required parking ratios shall be based on 1 space per 300 square feet of the “Office/Showroom” buildings only (Buildings 1 and 2), and no additional parking required for the garage and storage buildings. Such required parking for all built uses shall be provided within the “S-P-1” boundary; parking requirements for individual lots shall not apply. A reciprocal parking, cross- access and maintenance agreement shall be provided. Impervious Coverage: The maximum impervious coverage for the overall development SP-1 boundary site shall be 85%, however the maximum impervious coverage shall not apply to individual lots within the boundary. Building Materials and Facades: The building front facades are a combination of stone, stucco or a sprayed insulated cork barrier type coating, such as “Duro-Pro Cork Barrier” or similar Elastomeric Stucco finish material (Please note the stucco finish will not be applied directly to Styrofoam board as in EFIS). Vertical wall heights may be modified slightly to accommodate screening of mechanical units as contract documents are developed. Vertical and Horizontal Articulation shall be as shown on the Site Plan and Elevations and will not be reduced. Setback Lines: A 50’ front building line is provided along Davis Blvd. No other setbacks are shown, but all buildings will be set back from the property lines as dimensioned on the Site Plan. Bufferyards: We request the bufferyards be allowed as shown on the Site Plan. Bufferyards along internal lot lines shall not be required. A 6’ ornamental metal fence will be provided in lieu of the required F2 8’ masonry wall on the west property line, since it is adjacent to open space. Fences: A 6’ Ornamental Iron fence shall be built along the western boundary of Lots 1, 3, 4 & 5 in lieu of the 8’ solid fence that is required where non- residential uses abuts property zoned as residential. Dumpster Enclosure Location: Allow the dumpster location shown on the Site Plan to be located less than 50’ from property zoned single family residential. The dumpster enclosure is shown to be approximately 15.5’ from the open Case No. ZA19-0033 space lots that are proposed to be zoned as “SF-20A”. VARIANCES REQUESTED: i. Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.A, regarding lots abutting a street, to allow the lots as shown on the Site Plan. ii. Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.D, regarding side lot lines, to allow the lots as shown on the Concept/Site Plan. iii. Variance to Subdivision Ordinance No. 483, as amended, and the Master Pathways Plan, to not require construction of an 8’ multi-use trail running north/south through the flood plain in Lot 6, but to dedicate an easement for the trail. iv. Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) requiring a stacking depth of 75’ to allow a minimum 33’ stacking depth for the entrance from Davis Blvd. v. Variance to the Driveway Ord. No. 634, as amended, Section 5.1, which requires a minimum 500' driveway spacing for commercial driveways along F.M. 1938, to allow the spacings of 154' and 423' to the north and south as shown. vi. Variance to the Masonry Ord, No. 557, as amended, to allow the use of a sprayed insulated cork barrier type coating, such as “Duro-Pro Cork Barrier” or a similar Elastomeric Stucco finish material. The Planning and Zoning Commission recommended approval of the item (7-0) at their August 8, 2019 meeting with the following conditions: P&Z Commission Conditions Applicant’s Response Noting the applicant’s willingness to consider paring down the uses prior to City Council. The applicant has deleted additional “I-1” Light Industrial district uses as permitted uses. Proposing and coming forth with a rendering of the Landscape Plan along Davis and the west of the property, The applicant has submitted a rendering of the landscaping along Davis Blvd. and a photo of the existing vegetation on the west portion of the property. Noting the applicant’s willingness also to dedicate the appropriate type easement for a trail on the west side of the property and with respect to that pathway, working out and coming to scenarios of the location of the pathway, and who would be responsible for, or ideas to that regard, regarding the crossings on the north and the south creek. The applicant will discuss the trail and easement on the west portion of the property at the City Council meeting. Case No. ZA19-0033 ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B ) Vicinity Map (C) Concept/Site Plan Review Summary No. 3, dated August 8, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance Nos. 480-763 and 480-764 Link to Presentation Link to “S-P-1” Regulations and Variance Request Letter Link to Exhibit of Bldgs. 1 & 2 Permitted Uses Link to “SF-20A” Narrative Letter Link to Plans Link to 2035 Corridor Planning Committee report dated January 24, 2019 STAFF CONTACT: Dennis Killough (817) 748-8072 Richard Schell (817) 748-8602 Case No. Attachment A ZA19-0033 Page 1 BACKGROUND INFORMATION OWNER: Melva Stanfield APPLICANT: Wyndham Properties PROPERTY SITUATION: 880 – 950 Davis Blvd. (F.M. 1938) LEGAL DESCRIPTION: Tracts 6C01A, 6C02, 6C and 6C03, Jesse G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Mixed Use, 100-Year Floodplain and Medium Density Residential CURRENT ZONING: "I-1" Light Industrial District and “AG” Agricultural District PROPOSED ZONING: "S-P-1" Detailed Site Plan District and "SF-20A" Single Family Residential District. HISTORY: - The existing home at 950 Davis Blvd. was built in 1972 (Source: TAD). - The property was annexed into the City in 1987 and given the “AG” Agricultural zoning designation. - A Zoning Change (ZA93-007) from “AG” Agricultural District to “I-1” Light Industrial District was approved April 20, 1993 for the existing tracts at 880 Davis Blvd. - A previous home at 900 Davis Blvd. was removed around 2014. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designations for the site are primarily “Mixed Use” and “100-Year Floodplain” with a small portion of one of the proposed open space lots designated as “Medium Density Residential”. Purpose and Definition (Mixed Use): The purpose of the Mixed Use land use category is to provide an option for large-scale, master- planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher- intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. Purpose and Definition (100-Year Floodplain): The Floodplain category illustrates areas designated by the August 1995 Federal Case No. Attachment A ZA19-0033 Page 2 Emergency Management Agency (FEMA) maps as being in the 100- year floodplain. The “floodplain” is an expanse of natural vegetation and wildlife and should be preserved as natural open area. Within the floodplain is “floodway” that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows Davis Blvd. to be a six-lane divided arterial with 130’ to 140’ of right of way. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a <8’ sidewalk along Davis Blvd. and the required 5’ sidewalk is shown on the plans. The Master Pathways Plan shows an 8’ or greater multi-use trail running north/south through the floodplain. A variance is requested to not provide the multi-use trail. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site proposes one access drive on Davis Blvd. and a driveway connection to the church property to the south. There are currently two driveways to the office and industrial buildings at 880 Davis Blvd. and one driveway to the existing single-family residence at 950 Davis Blvd. Davis Blvd. (F.M. 1938 (between W. Southlake Blvd. & Continental Blvd.) 24hr North Bound (15,000) South Bound (14,818) AM Peak (1,319) 7:00 AM – 8:00 PM Peak (897) 11:30 – 12:30 AM PM Peak (1,071) 5:15 – 6:15 PM Peak (1,532) 4:45 – 5:45 PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for the proposed development. TREE PRESERVATION: There is approximately 37% existing tree cover on the site, of which, approximately 49.85% is proposed to be preserved. A standard zoning district requires 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 (as established in Table 1.0). Case No. Attachment A ZA19-0033 Page 3 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: A 6” water line exists in Davis Blvd. to serve the property. A 15” sewer line exists along the west property line to serve the property. DRAINAGE: Existing and proposed drainage on the property is to the 100-Year Floodplain that runs through the property. CITIZEN INPUT/ BOARD REVIEW: A 2035 Corridor Planning meeting for this project was held on January 24, 2019. Link to Corridor Planning Committee report A SPIN meeting is scheduled for August 13, 2019. PLANNING AND ZONING COMMISSION ACTION: August 8, 2019; Approved (7-0) subject to the staff report dated August 8, 2019 and Concept/Site Plan Review Summary No. 3, dated August 1, 2019 granting the variances requested therein, subject to the following: Noting the applicant’s willingness to consider paring down the uses prior to City Council, Proposing and coming forth with a rendering of the Landscape Plan along Davis and the west of the property, Case No. Attachment A ZA19-0033 Page 4 Noting the applicant’s willingness also to dedicate the appropriate type easement for a trail on the west side of the property and with respect to that pathway, working out and coming to scenarios of the location of the pathway, and who would be responsible for, or ideas to that regard, regarding the crossings on the north and the south creek. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 3, dated August 8, 2019. Variance Approval Criteria for Subdivision Ordinance No. 483, as amended: Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Variance Approval Criteria for Driveway Ordinance No. 634, as amended: The City Council shall have the authority to grant a variance to this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self -imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Variance Approval Criteria for Masonry Ordinance No, 557, as amended: In granting any variance, the City Council shall determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of Case No. Attachment A ZA19-0033 Page 5 adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor/Residential Adjacency Building Articulation Y “S-P-1” regulation added Masonry Standards Y Variance to Masonry Ord. and “S-P-1” regulation added Impervious Coverage Y “S-P-1” regulation added Bufferyards Y “S-P-1” regulation added Interior Landscape Y Complies Tree Preservation Y Approved with “S-P-1” zoning Sidewalks Y Variance Requested Case No. Attachment B ZA19-0033 Page 1 Case No. Attachment C ZA19-0033 Page 1 REVISED CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA19-0033 Review No.: Three Date of Review: 08/08/19 Project Name: Concept/Site Plan – The Wheelhouse APPLICANT: Terry Wilkinson OWNER: Melva Stanfield Wyndham Properties Mel-Man Properties, Inc. 640 W. Southlake Blvd. 318 Pebblebrook Dr. Southlake, TX 76092 Grapevine, TX 76051 Phone: (817) 307-3600 Phone: (817) 988-8404 E-mail: terry@wyndhamproperties.com E-mail: melvastanfield@aol.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/22/19 THROUGH 8/8/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT/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. 1. The following comments are based on “SF-20A” zoning being requested for the two open space lots. 2. A Preliminary Plat that complies with the underlying zoning must be processed and approved and a Final Plat that complies with the underlying zoning and the Preliminary Plat must be processed, approved and recorded with the County prior to the conveyance of any portion of the property or the issuance of any building permits. A Final Plat must be approved by the Planning and Zoning Commission prior to the execution of a Developer’s Agreement. 3. A Concept Plan is required to be submitted for the SF-20A Zoning request. The Site Plan that was submitted meets all of the requirements for a Concept Plan. Please change the title of the Site Plan to Concept/Site Plan. 4. The entire portion of the property requested to be rezoned to “S-P-1” is subject to the requirements of Zoning Ordinance No. 480, as amended, Sections 43.II Corridor Overlay Zone and Section 43.III Residential Adjacency Standards. 5. Please make the following change to the Site Plan: a. Building 6 appears to cross the property line. Please verify from the surveyor that Buildings 6 and 7 do not cross the property line and show Building 6 so that it doesn’t cross the line. Dimension the distance between Buildings 6 and 7 and the property line at their closest proximity to the line. Revise the Concept/Site Plan so that the building footprint doesn’t cross the property line. b. Remove the note under the Site Data Summary Chart referring to Lot 7 to be zoned R- 20. 6. Provide a material sample board and spec sheets of the sprayed insulated cork barrier type coating, such as “Duro-Pro Cork Barrier” or similar Elastomeric Stucco finish material proposed. Case No. Attachment C ZA19-0033 Page 2 7. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The Master Pathways Plan show a <8’ sidewalk along Davis Blvd. and the required 5’ sidewalk is shown on the plans. The Master Pathways Plan shows an 8’ or greater multi-use trail running north/south through the floodplain. A variance is requested to not provide the multi-use trail, but to dedicate an easement for the trail. 8. Show any areas intended for outside storage and method of screening, if any. There appears to be existing outside storage on the 2018 aerial photo. Please confirm that the existing outdoor storage will be removed or show the areas and method of screening. 9. A note on the Landscape Plan states that the existing fence is to remain. Please revise the language to clarify the future maintenance responsibilities. Which property owner? 10. Please revise the open space management plans in both zoning documents in conformance with Zoning Ord. No. 480, Section 33.20 – Open Space Management Plans (below). In the SF- 20A document, be more specific on maintenance responsibilities. 33.20 OPEN SPACE MANAGEMENT PLANS – For all development proposing any private or public open space, an open space management plan is required that: 1. Generally describes or illustrates intended uses of the open space, such as natural vegetation preservation areas, gardens, trails, playgrounds, and/or other facilities; 2. Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; 3. Provides an estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and an outline showing the means by which such funding will be obtained or provided; 4. Provides that any changes to the plan be approved by the City Council; 5. Provides for enforcement of the plan; and 6. Provides that, in the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowner’s Association, or to the individual property owners that make up the Homeowner’s Association and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. (As amended by Ordinance No. 480-FFFF). 11. The following variances are requested: a. Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.A, regarding lots abutting a street, to allow the lots as shown on the Site Plan. b. Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.D, regarding side lot lines, to allow the lots as shown on the Site Plan. c. Variance to Subdivision Ordinance No. 483, as amended, and the Master Pathways Plan, to not require construction of an 8’ multi-use trail running north/south through the flood plain in Lot 6, as shown on the Site Plan. Case No. Attachment C ZA19-0033 Page 3 d. Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) requiring a stacking depth of 75 to allow a minimum 33’ for the entrance from Davis Blvd. e. Variance to the Driveway Ord. No. 634, as amended, Section 5.1, which requires a minimum 500' driveway spacing for commercial driveways along F.M. 1938, to allow the spacings of 154' and 423' as shown. f. Variance to the Masonry Ord, No. 557, as amended, to allow the use of a sprayed insulated cork barrier type coating, such as “Duro-Pro Cork Barrier” or similar Elastomeric Stucco finish material. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * If the development were proposed as traditional zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 37% of existing tree cover on the property and 60% of the tree cover would be required to be preserved. The applicant is proposing to preserve 49.85% of the existing tree cover and 1.22% existing tree cover is proposed as Marginal. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on 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 Case No. Attachment C ZA19-0033 Page 4 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 n atural 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. LANDSCAPE COMMENTS: 1. The full amount of the required bufferyard plant material is not being provided within the south 10’ – D bufferyard. 2. Please verify that there are at least 322 shrubs within the interior landscaping. * The full length of the north bufferyard is not provided because an existing building incorporated into the development straddles the north property line where the bufferyard is required. The applicant is requesting a variance to provide the bufferyard as shown. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Kevin Ferrer, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us Case No. Attachment C ZA19-0033 Page 5 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 EASEMENTS: 1. Detention ponds shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement and Provide (Volume/Page) of the Existing easements. WATER COMMENTS: * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1” inch meter must have a 1” tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Proposed Drainage map’s drainage basin A2 should utilize runoff coefficient of .95 as specified in iswm for drives, walks and roofs. If a lower runoff coefficient is utilized for drainage basin A-2 provide justification. 2. Are there no compensatory storage proposed for the proposed fill in the 1% storm event’s boundary? A Development permit will be required. Provide H&H study with software data on DVD with civil plan submittal. 3. FEMA boundaries are approximate location. The FIS’s profile (Flood Insurance St udy) and onsite survey contour information shall be utilized to determine the floodplain boundaries. 4. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 10 and 100- year storm events. Case No. Attachment C ZA19-0033 Page 6 Detention may be required with any new proposed building construction. Downstream assessment utilizing 10% may be utilized to justify no that detention is not needed. Analysis’ software data shall be provided on DVD at the time of the Civil Plans. 5. Tributary is part of the Big Bear Watershed. Zone of Influence/10% should be based * Fire lane will need to be located above the 1% storm event’s BFE * Floodplain will need to be in a drainage easement. * Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. * Reclamation or fill within any portion of the effective floodplain will require hydraulic modeling and a LOMR. LOMR shall be obtained prior to acceptance of the subdivision and placing homes near floodplain. * Discharge of post development runoff must have no adverse impact on upstream and downstream properties and meet the provisions of Ordinance No. 605. 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 * 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 comple te 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. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * 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. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * 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 Case No. Attachment C ZA19-0033 Page 7 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 Deputy Fire Chief/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 systems 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 located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Label riser room locations for all buildings that are equipped with an automatic fire sprinkler system) The gated entry and exit must be equipped with an Opticom or KS-2 switch for opening the gate electronically, as well as a means for manual opening of the gate. Transportation Review Stephanie Taylor Transportation Manager Phone : 817-748-8216 E-mail : staylor@ci.southlake.tx.us No comments. General Informational Comments * A SPIN meeting is scheduled for August 13, 2019. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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. Case No. Attachment C ZA19-0033 Page 8 * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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. * In addition to the City of Southlake impact fees, please be aware that 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. * Denotes Informational Comment Case No. Attachment D ZA19-0033 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. QUINN, WILLIAM AG 2435 MICHAEL DR 0.55 NR 2. RBJH REAL ESTATE LLC AG 2395 MICHAEL DR 1.04 NR 3. JOSEPH PENNINGTON INC AG 860 DAVIS BLVD 1.15 NR 4. JOSEPH PENNINGTON INC AG 864 DAVIS BLVD 0.55 NR 5. K & B PROPERTIES LP AG 2365 MICHAEL DR 0.54 NR 6. DONNELL, NICHOLE SF20A 913 SIENA DR 0.68 NR 7. PHINNEY, BRENT SF20A 917 SIENA DR 0.71 NR 8. STANFIELD, MARK W I1 880 DAVIS BLVD 0.47 NR 9. SAFFE PROPERTY & CASUALTY LP I1 2113 GREENBRIAR DR 0.61 NR 10. MEEK, ROBERT A SF20A 925 SIENA DR 0.47 U 11. COLLIER, CLYDE SF20A 918 SIENA DR 0.50 NR 12. STANFIELD, MARK W AG 950 DAVIS BLVD 0.87 NR 13. GARITA, MARIO SF20A 1000 SIENA DR 0.48 NR 14. COURTNEY, JAMES SF20A 1001 SIENA DR 0.46 NR Case No. Attachment D ZA19-0033 Page 2 15. SUICH, KAREN SF20A 1005 SIENA DR 0.49 NR 16. PRIMSLAKE II LLC SP1 1100 DAVIS BLVD 1.58 NR 17. LOCKHART, LAURA SF20A 1009 SIENA DR 0.49 NR 18. SCF RC FUNDING III LLC SP1 945 DAVIS BLVD 0.68 NR 19. FLORES-RODRIGUEZ LLC C2 1025 DAVIS BLVD 0.54 NR 20. RIG PROPERTIES LLC SP1 1125 DAVIS BLVD 1.19 NR 21. C&T LAWNS LLC AG 2425 MICHAEL DR 1.11 NR 22. ZVONECEK, BRIAN AG 855 DAVIS BLVD 0.58 NR 23. HALL, MICHAEL C AG 911 DAVIS BLVD 1.12 NR 24. TRAN WEALTH PORTFOLIO GROUP LL C3 955 DAVIS BLVD 2.07 NR 25. STANFIELD, MARK W I1 880 DAVIS BLVD 1.97 NR 26. BAHRY, JEFFREY G SF20A 921 SIENA DR 0.57 NR 27. STANFIELD, MARK W AG 900 DAVIS BLVD 3.75 NR 28. SIENA/SOUTHLAKE RES ASSOC INC SF20A 929 SIENA DR 0.82 NR 29. NORTHEAST BAPTIST CHURCH CS 1000 DAVIS BLVD 3.35 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-eight (28) Responses received: One (1) attached Case No. Attachment D ZA19-0033 Page 3 Case No. Attachment E ZA19-0033 Page 1 Ordinance No. 480-763 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 ALL OF TRACT 6C01A AND A PORTION OF TRACTS 6C, 6C02 AND 6C03 1B, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.937 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “I- 1” LIGHT INDUSTRIAL 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 Case No. Attachment E ZA19-0033 Page 2 District and “I-1” Light Industrial 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, lig hting 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 pa rking 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 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 m ost appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment E ZA19-0033 Page 3 public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has dete rmined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas Case No. Attachment E ZA19-0033 Page 4 be altered, changed and amended as shown and described below: Being described as all of Tract 6C01A and a portion of Tracts 6C, 6C02 and 6C03 1B, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 4.937 acres and being more particularly described in Exhibit “A” from “AG” Agricultural District and “I-1” Light Industrial 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. 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 descr ibed shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and oth er Case No. Attachment E ZA19-0033 Page 5 commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a v iew 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 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, Case No. Attachment E ZA19-0033 Page 6 as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City webs ite 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 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 _______, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2019. Case No. Attachment E ZA19-0033 Page 7 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0033 Page 8 EXHIBIT “A” Being described as all of Tract 6C01A and a portion of Tracts 6C, 6C02 and 6C03 1B, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 4.937 acres and being more particularly described as follows: Metes and Bounds Description Case No. Attachment E ZA19-0033 Page 9 EXHIBIT “B” Reserved for approved Site Plan Case No. Attachment E ZA19-0033 Page 10 Ordinance No. 480-764 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 A PORTION OF TRACTS 6C, 6C02 AND 6C03 1B, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.028 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “I-1” LIGHT INDUSTRIAL DISTRICT TO “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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 Case No. Attachment E ZA19-0033 Page 11 District and “I-1” Light Industrial 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, lig hting 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 pa rking 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 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 m ost appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment E ZA19-0033 Page 12 public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has dete rmined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas Case No. Attachment E ZA19-0033 Page 13 be altered, changed and amended as shown and described below: Being described as a portion of Tracts 6C, 6C02 and 6C03 1B, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 2.028 acres and being more particularly described in Exhibit “A” from “AG” Agricultural District and “I-1” Light Industrial District to “SF-20A” Single Family Residential District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other Case No. Attachment E ZA19-0033 Page 14 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 ordina nce shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordi nance; and, Case No. Attachment E ZA19-0033 Page 15 as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days befor e the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of _______, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2019. Case No. Attachment E ZA19-0033 Page 16 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0033 Page 17 EXHIBIT “A” Being described as a portion of Tracts 6C, 6C02 and 6C03 1B, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 2.028 acres and being more particularly described as follows: