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Item 6BPROJECT: Zoning Change and Site Plan for Timberlake Office EXECUTIVE SUMMARY: On behalf of SR3 Properties, LLC, Kirkman Engineering is requesting approval of a Zoning Change and Site Plan for Timberlake Office on property described as Tract 1, J.T. Bailey Survey, Abstract No. 97, City of Southlake, Tarrant County, Texas and located at 803 W. Southlake Blvd., Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #10. DETAILS: The property is generally located west of the southwest intersection of W. Southlake Blvd. and Timber Lake Place. The purpose of this request is to seek approval of a Zoning Change and Site Plan for the construction of an approximately 7,308 square foot single -story office building. The proposed "S -P-1" Detailed Site Plan District allows for all "0-1" Office District uses with exception to medical office uses which includes but is not limited to chiropractors, dentists, optometrists, physicians, podiatrists, psychiatrists and psychologists. The property is currently vacant and unplatted with an "AG" Agricultural District zoning. An appropriate plat that conforms to the underlying zoning district will be required to be processed, approved and recorded prior to the issuance of any building permits for the proposed project. Due to the location of the property, it is subject to FM 1709 Corridor Overlay Zone requirements as well as Residential Adjacency standards. The applicant is requesting an "S -P-1" Detailed Site Plan District zoning to accommodate specific regulations for the proposed building setbacks, parking, driveway access, tree preservation and landscaping. The current Future Comprehensive Land Use Plan designation for this property is Medium Density Residential. The applicant has filed a request to amend the Comprehensive Land Use Plan Map to maintain the Medium Density Residential designation, however, allowing a site-specific office commercial use under City case CP20-0001 to accommodate the associated zoning change and site plan request. On February 20, 2020, the Planning & Zoning Commission reviewed and discussed the original application that proposed an approximately 9,913 square foot building. The Commission recommended the applicant consider reducing the size of the proposed building in an effort to better fit the subject lot, save as many trees as possible and reduce the number of variances. The applicant requested to table their item and the Commission unanimously approved tabling until March 19, 2020. On March 17, 2020, the City Council canceled the March 19, 2020 Case No. ZA19-0025 Planning & Zoning Commission meeting. The applicant has submitted revised plans for consideration which include the following: the building size has been reduced from 9,913 s.f. to 7,308 s.f.; the impervious coverage has decreased from 75% to 57.9%; the building setback line increased along the south and east property boundaries from 15 ft. to 25 ft.; the south setback for the trash receptacle increased from 10 ft. to 25 ft.; tree preservation increased from 13% to 36%; and, they replaced a majority of the previously proposed stucco building material with smooth stone. Also, the previously requested variances for Driveway Stacking and Interior Landscaping have been removed with the updated plan set. The following is the updated site data summary as proposed: t t t t 4+ 7 t Component 0-1 District Proposed Component Existing Proposed S -P-1 Zoning; AG S -P-1 with limited 0-1 uses Tree Preservation 50% canopy under straight zoning is required Medium Density Residential allowing site Land Use Medium Density Residential VARIANCE 10 canopy trees PY specific Office Commercial uses Floor Area vacant 7,308 sf Gross Lot Area 37,418 s.f. (0.86 acres) 37,418 s.f. (0.86 acres) Impervious Coverage i vacant Max 57.9% Parking vacant 30 spaces The S -P-1 zoning district will follow the "O-1" Office District regulations with the following exceptions. Note, the proposed district is also subject to the FM1709 Overlay and Residential Adjacency Standards. a I 2 t j f ! T �,t Component 0-1 District Proposed Impervious Coverage Max 65% Max 57.9% Required Parking 29 spaces 30 spaces Tree Preservation 50% canopy under straight zoning is required 36% canopy preserved Interior Landscape - VARIANCE 10 canopy trees PY 10 canopy trees PY Bufferyards 20 feet width 20 -foot width for North BY 11 accent trees "I 1 accent trees in East BY 13 accent trees 9 accent trees + 4 tree credits in South BY Building Setbacks 40 feet for residential adjacency South and East setbacks proposed at 25 feet Proposed to be generally located in the southwest corner of the property, 10 feet from Trash Receptacle 50 feet for residential adjacency the west boundary and 25 feet from the south boundary. Case No. ZA19-0025 Variance Request: The Driveway Ordinance No. 634 Sect. 5.1 and 5.2 require that driveways along FM 1709 (Southlake Blvd.) have a minimum centerline distance of 500' from the intersection ROW of a street. A minimum 300 feet is proposed from the intersection of Timber Lake Place, with shared access to the adjoining tract to the west and is restricted to right-n/right out movement due to medians. No other access is available to the site. ACTION NEEDED: 1. Conduct Public Hearing 2. Consider approval of 2"a Reading for a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 4, dated April 15, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-767 Presentation S -P-1 Regulations Plans SPIN Report Corridor Committee Report STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA19-0025 BACKGROUND INFORMATION OWNER: SR3 Properties, LLC APPLICANT: Kirkman Engineering PROPERTY S0[UAT8|000: 803 W. @ouih|ake Blvd. LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: PROPOSED ZONING: 0163 1101�� SOUTHLAKE 2035 PLAN: TRANSPORTATION ASSESSMENT: Tract 1.J][Bailey Survey, Abstract No. 87 Medium Density Residential "AG" Agricultural [}iSthCt "S -P-1" Detailed Site Plan District -The property was annexed in 1058. -The property iScurrently unp|@ttedand vacant. Prior t0demolition, there was a structure that was used for taxidermy. Mobility and Master Thoroughfare Plan The Master Thoroughfare Plan recommends VV.8outh|akaBlvd. tobea 6 -lane divided 8dmh8| street with 130 feet to 140 feet ofhg . Adequate right-of-way has been established for this roadway. Pathways Master Plan & Sidewalk Plan Thera are existing aidevva|ha along VV Gouth|aka Bk/d. adjacent to the There are two existing access drives onto this property. The proposed site plan eliminates the eastern access drive and utilizes the western access drive aeacommon access easement/driveway that will serve the subject property and the property adjacent to the west. Due to the existing Attachment Page 1 median on W. Southlake Blvd. the access to both properties will be a forced right -in right -out. A TIA was not required for the proposed development. TREE PRESERVATION: The total existing tree cover on the property is 45.1%, and under traditional zoning a minimum of 50% of the existing tree cover would be required to be preserved. The applicant is proposing to preserve five (5) existing trees which equates to approximately 36% of the existing tree cover. The applicant is proposing to mitigate the removal of approximately one - hundred forty-one (141 ") caliper inches by payment into the Reforestation Fund or planting trees on the adjacent Timberlake Subdivision HOA property. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was held February 26, 2019. A 2035 Corridor Committee meeting was held January 24, 2019. PLANNING & ZONING COMMISSION: April 23, 2020; Approved (7-0) subject to the Staff Report dated April 17, 2020 and Site Plan Review Summary No. 4, dated April 15, 2020, and granting the requested variance for driveway spacing as presented. CITY COUNCIL: May 5, 2020; Approved 1St Reading (6-0) subject to the Staff Report dated April 28, 2020 and Site Plan Review Summary No. 4, dated April 15, 2020, granting the variance to Driveway Ordinance No. 634 Sect. 5.1 and 5.2 require that driveways along FM 1709 (Southlake Blvd.) have a minimum centerline distance of 500' from the intersection ROW of a street. A minimum 300 feet is proposed from the intersection of Timber Lake Place, with shared access to the adjoining tract to the west and is restricted to right-n/right out movement due to medians. No other access is available to the site. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated April 15, 2020. Case No. Attachment A ZA19-0025 Page 2 RTF -M 11� 8 111 C 0 -4 1001 819 817 X 1009 M 18 .916 LL 02 906 CIq 904 ZA19-0025 Zoning Change & Site Plan 0 250 500 1 IOGO Feet Case No. Attachment B ZA19-0025 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA19-0025 Review No.: Four Date of Review: 4/15/20 Project Name: Zoning Change & Site Plan — Timberlake Office APPLICANT: Kirkman Engineering Jonathan Schindler 5200 SH 121 Collevville. TX 76034 Email: jonathan.schindler@trustke.com OWNER: SR3 Properties, LLC Steve Barber 1333 Corporate Dr., Ste 264 Irvina. TX Phone: 469-436-8881 Email: steve@sr3systems.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/26/20 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.5ci.southlakeatx.us A Common Access Easement agreement with the property owner to the west must be filed and recorded prior to the issuance of any building permits. 2. The Driveway Ordinance No. 634 Sect. 5.1 and 5.2 require that driveways along FM 1709 (Southlake Blvd.) have a minimum centerline distance of 500' from the intersection ROW of a street. A minimum 300 feet is proposed from the intersection of Timber Lake Place, with shared access to the adjoining tract to the west and is restricted to right-n/right out movement due to medians. No other access is available to the sites. (Variance Requested) Please be aware when submitting for a building permit, any variation from the approved site plan, elevations and associated plans may require a zoning change. • All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(a�ciesouthlake.tx.us II1N44101i7ilW47T,f-AI L1Koli]LTi I►r14i•ki�� A portion of the 8' wall along the south and east property boundaries are being offset to preserve Case No. Attachment C ZA19-0025 Page 1 four (4) existing trees, but if the wall is designed with a footing more than 25% of the trees critical root zone area will be altered. Provide clarification regarding the wall design and impact on the root zone are of the trees. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree's root system; severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. If the development were proposed as traditional zoning, the proposed existing tree cover preservation would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. The total existing tree cover on the property is 45.1 %, and under traditional zoning a minimum of 50% of the existing tree cover would be required to be preserved. The applicant is proposing to preserve five (5) trees along the east and south property lines equaling 36% of the existing tree cover. The applicant is requesting a variance to the Existing Tree Cover Regulations of the Tree Preservation Ordinance and is proposing to mitigate the removal of approximately one -hundred - forty -one inches (141") by payment into the Reforestation Fund and/or planting trees on the adjacent Timberlake Subdivision HOA property with the HOA's permission, as stated within the Development Standards and as noted on the Tree Conservation Plan. 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* 70% -0%-20% 20.1-40% 60% 50% -40.1%-60% 40% -60.1%-80% 180.1% -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, Case No. Attachment C ZA19-0025 Page 2 Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: 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; 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. LANDSCAPE COMMENTS: The "Required" interior landscape area was corrected but the required minimum plant material was not corrected. The required plant material is less than what is shown in the Interior Landscape Summary Chart. Correcting this and matching it in the "Provided" section and within the design will allow the required plant material to properly fit on the property. Canopy Trees — 7 Accent Trees — 15 Shrubs — 91 Ground Cover — 548 sf Seasonal Color — 73 sf Existing tree credits for fifteen (15) required accent trees are proposed to be taken for the preservation the preservation of existing trees within the east and south bufferyards. Landscape Ordinance 544-B EXISTING TREE CREDITS: Credits shall only be granted if the tree/s are in healthy condition Case No. Attachment C ZA19-0025 Page 3 and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. 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 GENERAL COMMENTS: 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. Construction within FM 1709/1938/SH 114 right of way shall require a permit from TxDOT. Submit permit application prior to site plan approval. EASEMENTS: Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 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. The proposed sanitary sewer line shall be in a dedicated easement prior to construction. Proposed easements shall be dedicated by plat. WATER COMMENTS: Case No. Attachment C ZA19-0025 Page 4 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. All water line stubs must have 2 joints past the valve with a 2" blow -off per the City's details. Fire line will need to have a gate valve. SANITARY SEWER COMMENTS: Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: Differences between pre- and post- development runoff shall be captured in detention pond(s). Capacity will need to be verified with civil plans for proposed direct tie-in along FM 1709's storm sewer system. Analysis will also need to provide that the proposed runoff does not cause adverse impacts via zone of influence methodology. Provide inlet at the end of pavement of proposed street to intercept runoff before entering adjacent property. Discharge of post development runoff must have no adverse impact on downstream and upstream 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,cityofsouthiake.com/PubiicWorks/engineeringdes n.asp New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part 111, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: htt s:1/ wacit ofsoutlake.com/2237/Stormwater- ana ement-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. 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. Case No. Attachment C ZA19-0025 Page 5 * 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 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. Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: sta lorci.southlake.tx.us Site Plan: Traffic Review 1. Designate a connection point to the shared driveway from the lot to the west of this site. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kciements(a)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 location since the FDC does not appear to be located near where the proposed fire line enters the building) (Underground vault is indicated on the plans) Case No. Attachment C ZA19-0025 Page 6 FIRE LANE COMMENTS: Fire apparatus access, fire lanes, need 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) GENERAL INFORMATIONAL COMMENTS: * A SPIN meeting was held for this project on February 26, 2019. * The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single-family detached houses. The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. * An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded prior to the issuance of any building permits. Please note there is a separate submittal schedule for plat applications. * 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 rights of way 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. Case No. Attachment C ZA19-0025 Page 7 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. A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of any off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Denotes Informational Comment Case No. Attachment C ZA19-0025 Page 8 SURROUNDING PROPERTY OWNERS MAP & RESPONSES �260 i 2n� 917 811 / 8. 'd ..... ..m t 10 609 SOUTH LAKE BLVD T7'7.. ... i .RM, 1709 521- 702 ?p 21...702?pA gyp -... �! 199 105 }�Ql '02 X100 , ion !T' � To" 13 p� fldi5 �1 0 2 4 208 217 906 904 _ - 700i a i s 9912 �� l02 )90 9 T, 1. E0N,1UNHA RPUD 101 WOODGLEN CT 0.60 , d 2. NICK, JEFFREY A RPUD 100 WOODGLEN CT 0.54 NR 3. REED, CRAIG RPUD 201 TIMBER LAKE WAY 0.49 NR 4. SR3 PROPERTIES LLC AG 803 W SOUTHLAKE BLVD 0.85 NR 5. TIMBER LAKE RES ASSOC INC RPUD 100 TIMBER LAKE PL 2.82 NR 6. WAYLAND, MARCUS D AG 817 W SOUTHLAKE BLVD 1.82 NR 7. FLAHERTY, BRIAN K RPUD 910 STRATFORD DR 0.58 NR 8. HEINS, KATHERINE A RPUD 912 STRATFORD DR 0.49 NR 9. 1709 SHADY OAKS SOUTHLAKE LLC RPUD 817 PARK VISTA CIR 0.71 NR 10. 1709 SHADY OAKS SOUTHLAKE LLC RPUD 908 STACY DR 6.69 NR 11. 1709 SHADY OAKS SOUTHLAKE LLC RPUD 813 PARK VISTA CIR 0.63 NR Responses: F: In Favor Notices Sent: Responses received: O: Opposed To U: Undecided Nine (9) One (1) Opposed — see attached NR: No Response Case No. Attachment D ZA19-0025 Page 1 Notification Response Form ZAI S-026_ M&PUng Data: A0123. 2020 at M30 PfA �° 'b GLEE `C SOUTHLAXV. TX1602' Phony Number (optional): Case No. Attachment D ZA19-0025 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-767 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 1, J.T. BAILEY SURVEY, ABSTRACT NO. 97; AND BEING 0.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" GENERAL OFFICE DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 Case No. Attachment E ZA19-0025 Page 1 Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and 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 and the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the 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 Case No. Attachment E ZA19-0025 Page 2 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 SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 1, J.T. Bailey Survey, Abstract No. 97, City of Southlake, Tarrant County, Texas being approximately .86 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S -P-1" Detailed Site Plan district with limited "0-1" General Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council: City Council motion for 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 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 Case No. Attachment E ZA19-0025 Page 3 intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in 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. Case No. Attachment E ZA19-0025 Page 4 SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation 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 , 2020. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2020. Case No. Attachment E ZA19-0025 Page 5 MAYOR ATTEST: CITY SECRETARY FI -11 a a :190: 1 97-11y a 1 [03 01 V 84 F-11,01 1014: WWII I I WA CITY ATTORNEY EFFECTIVE: Case No. ZA19-0025 Attachment E Page 6 Being Tract 1, J.T. Bailey Survey, Abstract No. 97, City of Southlake, Tarrant County, Texas being approximately .86 acres Case No. Attachment E ZA19-0025 Page 7 Reserved for Exhibits Case No. Attachment E ZA19-0025 Page 1