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Item 6ACase No. ZA20-0030 S T A F F R E P O R T July 28, 2020 CASE NO: ZA20-0030 PROJECT: Zoning Change and Site Plan for Yates Corner EXECUTIVE SUMMARY: On behalf of Dove Commercial Properties, LLC, Sage Group Inc. is requesting approval of a Zoning Change and Site Plan for Yates Corner on property described as Tract 1E01, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas and located at 2190 E. Dove Rd., Southlake, Texas. Current Zoning: "C-1" Neighborhood Commercial District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #4. DETAILS: The subject property is located at the northwest corner of E. Dove Rd. and N. Kimball Ave. The purpose of this request is to seek approval of a Zoning Change and Site Plan for Yates Corner from “C-1” Neighborhood Commercial District to “S-P-1” Detailed Site Plan District to replace the existing fuel pumps and canopy with a new canopy with two new fuel stations and to add an approximately 190 square foot expansion to the existing building for storage. No changes are proposed to the façade of the existing building. A Master Sign Plan for Yates Corner Store was approved on June 16, 2020 under Case No. MSP20-0003. Site Data Summary Land Use Designation Retail Commercial Existing Zoning “C-1” Proposed Zoning “S-P-1” Gross/Net Acreage 0.541 ac. Building Footprint (w/ 190 s.f. addition) 1,903 s.f Gross Floor Area (w/ 190 s.f. addition) 2,653 s.f. Impervious Cover % 67.10% Open Space % 32.90% Parking Required (per S-P-I) 10 Parking Provided 10 The permitted uses and development regulations are based on the “C-1” Neighborhood Commercial District with the following exceptions and additional requirements: Case No. ZA20-0030 Additional Permitted Use: Gasoline service station with convenience store as shown on the Site Plan and elevations. Outside Displays and Storage: Allow the existing ice machines and periodical displays to remain in front of the store. Bufferyards: Bufferyards other than as shown on the Landscape Plan shall not be required. Trash Receptacle Enclosure: The applicant has indicated that the enclosure will be constructed in conformance with the ordinance requirements. Parking Spaces: The required number of parking spaces shall be 10. VARIANCES REQUESTED: 1. Subdivision Ordinance No. 483, as amended, to allow no right of way dedication 2. Subdivision Ordinance No. 483, as amended, to allow no ≥ 8’ multi-use trail along E. Dove Rd. and no 5’ sidewalk along N. Kimball Ave. 3. Driveway Ord. No. 634, as amended, to allow the driveways as shown on the plan with regard to distance to an intersection, minimum centerline spacing along a roadway, driveway throat width, stacking depths on both driveways and a commercial driveway on a collector. The existing driveways are nonconforming. 4. Landscape Ord. No. 544, as amended, to allow the parking lot landscaping as shown on the Site Plan and Landscape Plan. ACTION NEEDED: 1. Conduct a public hearing 2. Consider approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Site Plan Review Summary No. 2 dated June 16, 2020 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-770 Link to Presentation Link to S-P-1 Regulations and Variance Request Letter Link to Plans Link to SPIN Report Link to Corridor Planning Committee Report STAFF CONTACT: Richard Schell (817) 748-8602 Ken Baker (817) 748-8067 Case No. Attachment A ZA20-0030 Page 1 BACKGROUND INFORMATION PROPERTY OWNERS: Dove Commercial Properties, LLC APPLICANT: Sage Group, Inc. PROPERTY SITUATION: 2190 E. Dove Road LEGAL DESCRIPTION: Tract 1E01, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-1” Neighborhood Commercial District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: - In January 1977, City Council approved a zoning change for Yates Corner Store under ZA76-005. - In February 2018, City Council approved a specific use permit for Drunken Cow for a period of one (1) year under ZA18-003. - In May 2019, City Council approved a specific use permit for Tropical Sno at this location for a 5-year period under ZA19-0019. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is “Retail Commercial”. Purpose and Definition: The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office- related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows E. Dove Rd. to be a two-lane undivided arterial with 88’ of right of way with the provision that it be constructed as a four-lane divided arterial when traffic counts warrant. Case No. Attachment A ZA20-0030 Page 2 N. Kimball Ave. is shown as a two-lane collector with 70’ of right of way. Per the 2030 Mobility Master Plan, a roundabout is planned for the intersection of N. Kimball and E. Dove Rd. A variance is requested to allow no right of way dedication. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future ≥8’ multi-use trail along E. Dove Rd. and a minimum 5’ wide sidewalk is required along N. Kimball Ave. A variance is requested to allow no ≥8’ multi-use trail or 5’ sidewalk. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed improvements include paving the existing driveways, which are currently nonconforming. Variances to stacking depth, distance to an intersection, minimum centerline spacing along a roadway and driveway throat width are requested. Traffic Impact A Traffic Impact Analysis (TIA) was not required for the proposed development. TREE PRESERVATION: There is 42.45% of existing tree cover on the site and under conventional zoning 50% of the existing tree cover is required to be preserved. One (1) tree is proposed to be removed because it is adjacent to an existing gas pump. The applicant is proposing to preserve 89.82% of the existing tree cover. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and Case No. Attachment A ZA20-0030 Page 3 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 12” water line exists in E. Dove Rd. and an 8” water line exists in N. Kimball Ave. to serve the property. A 10” sewer line exists in E. Dove Rd. to serve the property. CITIZEN INPUT/ BOARD REVIEW: A 2035 Corridor Planning Committee meeting for this project was held on October 29, 2019. Link to Corridor Planning Committee Report A SPIN meeting was held on May 26, 2020. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: June 4, 2020; Approved (6-0) subject to the staff report dated May 29, 2020, granting the variances requested therein and subject to Site Plan Review Summary No. 2 dated May 29, 2020. CITY COUNCIL ACTION: June 16, 2020; Approved at 1st reading (7-0) subject to the staff report dated June 16, 2020 and Revised Site Plan Review No. 2 dated June 16, 2020, granting the following variances: - Subdivision Ordinance No. 483, as amended, to allow no right of way dedication. - Subdivision Ordinance No. 483, as amended, to allow no ≥ 8’ multi-use trail along E. Dove Rd. and no 5’ sidewalk along N. Kimball Ave. - Driveway Ord. No. 634, as amended, to allow the driveways as shown on the plan with regard to distance to an intersection, minimum centerline spacing along a roadway, driveway throat width, stacking depths on all driveways, and a commercial driveway on a collector. The existing driveways are nonconforming. - Landscape Ord. No. 544, as amended, to allow the parking lot landscaping as shown on the site plan and landscape plan. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 2, dated June 16, 2020. Variance Approval Criteria for Subdivision Ordinance No. 483, as amended: Section 9.01 Modifications and Variations: Case No. Attachment A ZA20-0030 Page 4 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. Case No. Attachment B ZA20-0030 Page 1 Case No. Attachment C ZA20-0030 Page 1 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA20-0030 Review No.: Two Date of Review: 06/16/20 Project Name: Zoning Change and Site Plan – Yates Corner APPLICANT: Curtis Young OWNER: Howard Harris Sage Group, Inc. Dove Commercial Properties, LLC 1130 N. Carroll Ave., Suite 200 1671 E. Dove Rd. Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 424-2626 Phone: E-mail: cyoung@sage-dfw.com E-mail: Howard.Harris@txortho.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/18/20, 6/08/20, 6/16/20 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 RICHARD SCHELL AT rschell@ci.southlake.tx.us 1. An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the issuance of building permits. 2. A Master Sign Plan for Yates Corner (MSP20-0003) was approved by City Council on June 16, 2020. 3. Please make the following changes to the Site Plan: a. Show and label all minimum building setback lines in accordance with the requested “C-1” base zoning. The “C-1” district requires a minimum 30’ front yard, 15’ side yard and 10’ rear yard. b. Please make the following changes to the Site Data Summary Chart: i. Change the “Existing Zoning / Proposed Zoning” row name to “Existing Zoning”. ii. In the “Parking Spaces Required” row name, add “(per S-P-1)” 4. Revise the plans and Master Sign Plan exhibits so that they are consistent. One sign exhibit shows new blacktop in areas that are shown as landscape areas on the Site Plan, Landscape Plan and Tree Conservation Plan. Also, two live oaks are shown in the landscape area that contains the pole sign on the exhibits submitted for the sign plan. The Site Plan and Landscape Plan show one live oak in the center bufferyard island on E. Dove Rd. and no live oaks in the bufferyard on N. Kimball Ave. * The trash receptacle enclosure must comply with the requirements in the Residential Adjacency Overlay – Zoning Ord. No. 480, Section 43.13.a.7. The applicant has indicated that the enclosure will be constructed in conformance with the requirements. * The Master Thoroughfare Plan shows E. Dove Rd. to be a two-lane undivided arterial with 88’ of right of way with the provision that it be constructed as a four-lane divided arterial when traffic counts warrant. N. Kimball Ave. is shown as a two-lane collector with 70’ of right of way. Per the 2030 Mobility Master Plan, a roundabout is planned for the intersection of N Kimball and E Dove Rd. A variance is requested to allow no right of way dedication. Case No. Attachment C ZA20-0030 Page 2 * A future ≥8’ multi-use trail is shown along E. Dove Rd. and a minimum 5’ sidewalk is required along N. Kimball Ave. A variance is requested to allow no ≥8’ multi-use trail or 5’ sidewalk. * The minimum required distance from a commercial driveway to an intersection for E. Dove Rd. (arterial) is 200’ and for N. Kimball Ave. (collector) is 150’. The required throat width for commercial driveways on arterials and collectors is 24’ – 40’. The minimum centerline spacing for commercial driveways is 250’ on an arterial and 150’ on a collector. The minimum stacking depth on a major street facility (E. Dove. Rd.) and a collector (N. Kimball Ave.) is 10’. Commercial driveways are not permitted on collector streets unless there is no other access. A variance is requested to allow the driveways as shown on the plans. The existing driveways are nonconforming. * Per Subdivision Ord. No. 483, as amended, Section 8.02, ensure that the required sight triangle at the corner of E. Dove Rd. and North Kimball Ave. is provided. See Appendix 10 attached. * All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The proposed development complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 42.45% of existing tree cover on the site and under conventional zoning 50% of the existing tree cover is required to be preserved. One (1) tree is proposed to be removed because it is adjacent to an existing gas pump. The applicant is proposing to preserve 89.82% of the existing tree cover. * 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. Case No. Attachment C ZA20-0030 Page 3 For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; 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: 1. If the proposed addition is greater than 5,000 square feet or 30% of the existing building, the site is required to comply with the regulations of the Landscape Ordinance 544-B, and the bufferyards regulations within the Zoning Ordinance Section 42. If the proposed addition is not greater than 5,000 square feet or 30% of the existing building, only the required interior landscape area and associated plant material must be provided for the area of the proposed addition. Existing buildings: Buildings in existence on the effective date of this ordinance shall be considered legally nonconforming as it pertains to this ordinance. New construction greater in size than 30% of the existing building or greater than 5,000 square feet shall require compliance with this ordinance as it applies to the entire square footage of the existing building and proposed addition. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements herein only as it pertains to the square footage of the new construction. Case No. Attachment C ZA20-0030 Page 4 a. Please change the required internal landscape area on the Site Plan and Landscape Plan from 866 sq. ft. to 85 sq. ft., which is 50% of the 190 sq. ft. addition area. The required and provided landscaping shown meets the internal landscaping requirement. b. The parking lot landscape areas do not contain the required canopy tree with the rest in ground cover, ornamental grasses, seasonal color or shrubs that is required. A variance is requested to allow the parking lot landscaping as shown on the Site Plan and Landscape Plan. Changes in zoning: Any requests for changes in zoning to any district other than agriculture or single family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. 2. East Dove Road is a designated arterial, so the required bufferyard is a 10’ – E. North Kimball Ave. is a designated collector so the required bufferyard is a 10’ - B. Under the requirements of a 10 – E type bufferyard, a continuous solid evergreen hedgerow of plants obtaining a mature height greater than three feet (3’) shall be planted within the required bufferyared adjacent to the right-of-way. When planted, this hedge shall be a minimum of two feet (2’) in height and planted no further than thirty inches (30”) on center. Driveways are not required to be included in the calculation of bufferyard lengths. Revise the bufferyard summary charts on the Site Plan and Landscape Plan to show the required bufferyard types and lengths per Section 42 of Zoning Ord. No. 480, as amended (see chart below). The applicant has added an “S-P-1” regulation to allow the bufferyards as shown on the plans. Location Length Type Canopy Accent Shrubs Fence/Screening South Required 101’* 10’ Type ‘E’ 1 2 8 H1 – 3’ hedge South Provided 101’ 5’ Type ‘A’ 1 2 8 None East Required 82’* 10’ Type ‘B’ 2 2 8 None East Provided 82’ 5’ Type ‘A’ 0 2 7 None * Driveway throat widths excluded from calculation – a variance is requested to the Driveway Ordinance 634, as amended, to exceed maximum permitted throat widths. No bufferyards are required adjacent to Yates Corner Storage to north and west. 3. The Site Plan and Landscape Plan show one live oak in the center bufferyard island on E. Dove Rd. and no live oaks in the bufferyard on N. Kimball Ave. Revise the plans submitted for the Master Sign Plan to be consistent. * There shall be no tree, shrubs, plant, sign, soil, fence, retaining wall or other view obstruction having a height greater than two (2) feet within the sight triangle. * Existing tree credits are proposed to be taken for required interior landscape canopy trees. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Case No. Attachment C ZA20-0030 Page 5 Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8216 E-mail: sanderson@ci.southlake.tx.us Site Plan: 1. Public Works has reviewed the Site Plan. At this time, Public Works does not believe right-of-way needs to be dedicated on the north side of Kimball Ave. There is room to maintain the existing roadway. Additional right-of-way would have the proposed improvements encroach into the right-of-way. 2. There are plans with Grapevine to widen the southbound lanes of Dove Rd. It appears the widening will not encroach into the Yates property but will be contained within existing right-of -way. 3. Per the Mobility Master Plan, a roundabout is planned for the intersection of N. Kimball Ave. and E. Dove Rd. Right-of-way donation will need to be re-evaluated at the time of the roundabout consideration. 4. At the time the Yate’s Corner use changes, right-of-way dedication will need to be re- evaluated. 5. The crosswalk striping on the north end of the intersection needs to be removed or an ADA ramp constructed on the NWC of Kimball Ave. and Dove Rd. Transportation Manager Review Stephanie Taylor, P.E., PTOE Transportation Manager Phone: (817) 748-8101 E-mail: staylor@ci.southlake.tx.us Site Plan: 1. Per the Master Thoroughfare Plan, E. Dove Road is not at its ultimate cross section as a two-lane undivided road with alternating turn lanes or a two-way left turn lane in the center for the entire southern boundary of the site. N. Kimball Ave is at its ultimate cross section for the eastern boundary of the site. 2. Per the Mobility Master Plan, a roundabout is planned for the intersection of N Kimball and E Dove Rd. 3. The minimum lateral clearance for sign structures is 2’ from a curb, and 6’ from the edge of the travel way. 4. The proposed sign structure and street trees at the northwest corner of the intersection need to be evaluated for their impact on required sight triangles. 5. Variances need to be requested for noncompliance with the Driveway and Subdivision Ordinances. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA20-0030 Page 6 GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA20-0030 Page 7 General Informational Comments * A SPIN meeting for this project was held on May 26, 2020. * No review of proposed signs is intended with this site plan. A Master Sign Plan for Yates Corner (MSP20-0003) was approved by City Council on June 16, 2020. 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. * 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 C ZA20-0030 Page 8 Case No. Attachment D ZA20-0030 Page 1 Surrounding Property Owners & Responses SPO # Owner Zoning Address Acreage Response 1. DOVE COMMERCIAL PROPERTIES LLC C1 2190 E DOVE RD 0.55 NR 2. MCPHERSON, RICKEY SF1-A 2050 E DOVE RD 2.16 NR 3. OSMAN, FARHAT SF30 1780 N KIMBALL AVE 1.03 NR 4. DECARO, THOMAS RPUD 1713 TORIAN LN 0.54 F 5. OSMAN, FARHAT RPUD 1712 TORIAN LN 0.71 NR 6. WARD, DONNIE W SF1-A 2100 E DOVE RD 1.43 NR Responses - F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Six (6) Responses received within 200’: One (1) - attached Responses received outside 200’: One (1) – attached Responses received from Grapevine: Three (3) – attached Case No. Attachment D ZA20-0030 Page 2 Response received within 200’ Case No. Attachment D ZA20-0030 Page 3 Response received outside 200’ Case No. Attachment D ZA20-0030 Page 4 Case No. Attachment D ZA20-0030 Page 5 Response received from Grapevine Courtesy Notice Case No. Attachment D ZA20-0030 Page 6 Case No. Attachment D ZA20-0030 Page 7 Case No. Attachment E ZA20-0030 Page 1 ORDINANCE NO. 480-770 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 1E01, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.541 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-1” NEIGHBORHOOD COMMERCIAL 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 l ocation 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 “C-1” Neighborhood Commercial District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment E ZA20-0030 Page 2 person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and 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 a nd 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 appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there i s 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 t o 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 Case No. Attachment E ZA20-0030 Page 3 in zoning lessen the congestion in the streets, helps secure safety from fire, pan ic, 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, sc hools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tract 1E01, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, being approximately 0.541 acres, and more fully and completely described in Exhibit “A” from “C-1” Neighborhood Commercial 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. Case No. Attachment E ZA20-0030 Page 4 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 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. Case No. Attachment E ZA20-0030 Page 5 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pendi ng 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, fi ne 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. Case No. Attachment E ZA20-0030 Page 6 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 16th day of June, 2020. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____day of ____, 2020. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0030 Page 7 EXHIBIT “A” Being described as Tract 1E01, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, being approximately 0.541 acres and being more particularly described as follows: Case No. Attachment E ZA20-0030 Page 8 EXHIBIT “B” Reserved for approved Site Plan