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Item 7A (2)Case No. Attachment E ZA19-0064 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-667A 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 LOT 1R, BLOCK A, RAVENAUX VILL AGE, AN ADDITION TO CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.209 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN AND 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 “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA19-0064 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 d etermination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and 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 considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most ap propriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which Case No. Attachment E ZA19-0064 Page 3 existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety f rom fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since th e tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classifica tion 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 amend ed, 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 6J, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lot 1, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, being approximately 6.209 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Case No. Attachment E ZA19-0064 Page 4 Generalized Site Plan District to “S-P-2” Generalized Site Plan District as depicted on the approved Site Plan and Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA19-0064 Page 5 Narrative letter and S-P-2 Regulations for Ord. No. 480-667 Case No. Attachment E ZA19-0064 Page 6 Case No. Attachment E ZA19-0064 Page 7 Planning and Zoning Commission motion on July 17, 2014: July 17, 2014; Approved (6-0) subject to the staff report dated July 11, 2014, subject to Site Plan Review Summary No. 3, dated July 11, 2014, specifically approving the variances requested in the staff report dated July 11, 2014, and specifically noting the approval of Option “A” with the motion and the disallowance of Option “B” with the motion, also notin g the applicant’s willingness to work with the City as far as the timing and the installation of the deceleration lane onto Countryside Ct. up to City standards and further noting the applicant’s willingness to work with the City as far timing and what wou ld be required for a left turn lane on northbound White Chapel Blvd., referring to striping and asphalt as staff has presented it. City Council motion at 1st reading on August 19, 2014: Approved at 1st reading (6-1) pursuant to Site Plan Review Summary No. 4, dated August 13, 2014, noting the following comments with the motion; the applicant will revise the elevations consistent with Council’s comments and provide possible alternatives for building elevations noting that there will not be any articulation variances included therein, noting that a revised site plan will be considered that will include less impervious coverage, noting that the carports as noted on the site plan to be twenty will be redesigned as such to be incorporated possibly into the building design to reduce their visual impact from White Chapel Blvd. and to be fewer in number, no ting that it will be the responsibility of the applicant to provide escrow funds for a deceleration lane and work with staff to come up with a development plan t o construct same in connection with the White Chapel widening project, noting that the applicant will provide right of way frontage for the White Chapel widening project, noting that the revised site plan will include alternative vehicular access through t he project from Countryside Ct. along the western boundary to 114, noting that the applicant will work with Council members to include a revised landscaping plan, noting that more detail and scope and hardscape alternatives which could also include water features to be included on the hard corner of White Chapel and 114, approving the driveway stacking variance and also the driveway on a local street, and incorporating Planning and Zoning’s comments from the prior motion and recommendation to Council. City Council motion at 2nd reading on October 7, 2014: October 7, 2014; Approved at 2nd reading (7-0) subject to the following: • Subject to the Staff Report dated September 30, 2014; • Accepting staff’s recommendation on the traffic plan located along White Chapel Boulevard as noted; • Subject to Site Plan Review Summary No. 6, dated September 29, 2014; • Approving two variances: Case No. Attachment E ZA19-0064 Page 8 1. Section 5.2.c prohibits commercial driveways on local and collector streets. A variance is requested to allow a commercial driveway onto Countryside Court, which is a local street. (Please note that Countryside Court serves primarily non-residential traffic). 2. Section 5.2.d requires a minimum stacking depth of 100 feet for both driveways. A variance is requested to allow the stacking depths as shown on the Site Plan and Concept Plans with approximately 43 feet of stacking depth shown on the East S.H. 114 driveway and approximately 48 feet of stacking depth shown on the Countryside Court driveway. • Regarding building elevations: 1. South elevation will mirror the north elevation in terms of the masonry column feature which is carried to the top of the parapet wall. 2. West and east elevations to have the stone applied to top of the third floor windows with a similar limestone capping material which is consistent with the treatment on the other elevations and noting the stone application material will not be carried on the stairwells and will remain as shown in the applicant’s presentation to Council tonight. 3. North and south elevations will have consistent stone applications as shown on the east side of the north and south elevations. • Applicant will provide for seasonal color plantings in the signage area featured at the corner of SH114 and White Chapel Boulevard; • Requiring trees along SH114 and White Chapel Boulevard to be a minimum of four-caliper inches; • Subject to the elevations and materials, and landscape plan as presented to Council this evening; and, • In terms of the Phase II, 23,000 square foot expansion, requiring the elevations to be consistent with what was presented to Council this evening including the stone treatments provided earlier in the motion. Reserved for Ord. No. 480-667A conditions of approval 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 Ordinanc e and all other applicable and pertinent ordinances for the City of Southlake, Texa s. All existing Case No. Attachment E ZA19-0064 Page 9 sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are here by ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the charac ter 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 trac ts of land described Case No. Attachment E ZA19-0064 Page 10 herein shall be declared to be invalid, the same shall not aff ect 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, neg lects or refuses to comply with or who resists the enforcement of any of the provis ions 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 exp ressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordi nance 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 Case No. Attachment E ZA19-0064 Page 11 as required by law, and it is so ordained. Case No. Attachment E ZA19-0064 Page 12 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. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0064 Page 13 EXHIBIT “A” Being described as Lot 1R, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, recorded as Instrument No. D217024042, Plat Records, Tarrant County, Texas, and being approximately 6.209 acres. Case No. Attachment E ZA19-0064 Page 14 EXHIBIT “B” Concept Plan for Ord. No. 480-667 submitted September 29, 2014 Case No. Attachment E ZA19-0064 Page 15 Site Plan for Ord. No. 480-667 submitted September 29, 2014 Case No. Attachment E ZA19-0064 Page 16 Site Data Table for Ord. No. 480-667 submitted September 29, 2014 Case No. Attachment E ZA19-0064 Page 17 Color Rendering for Ord. No. 480-667 presented at October 7, 2014 Council meeting (See City Council 2nd reading motion for required revisions) Case No. Attachment E ZA19-0064 Page 18 Color Rendering for Ord. No. 480-667 presented at October 7, 2014 Council meeting (See City Council 2nd reading motion for required revisions) Case No. Attachment E ZA19-0064 Page 19 Color Rendering for Ord. No. 480-667 presented at October 7, 2014 Council meeting (See City Council 2nd reading motion for required revisions) Case No. Attachment E ZA19-0064 Page 20 Landscape Plan for Ord. No. 480-667 presented at October 7, 2014 Council meeting Case No. Attachment E ZA19-0064 Page 21 Tree Conservation Plan for Ord. No. 480-667 presented at October 7, 2014 Council meeting Case No. Attachment E ZA19-0064 Page 22 Reserved for Ord. No. 667a Concept Plan