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480-770
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 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 "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 Ordinance No. 480-770 Page 1 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 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 thebuildings, 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 Ordinance No. 480-770 Page 2 in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has 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: Ordinance No. 480-770 Page 3 MASTER PL/091,11P2a LI ROAN MESZ Gill C T Ertl E LAND-SCARE ARCH rT EC T LI+ 111 1111 SAGE GROUP, EN4 hare 15,2020( DP01-00 ME Kea Baker Mt Dennis Mailer City of Southlake PL4.1 1111 G AINID DEVELOPMEiT SERVICES 14001 Mani Street Sonthlake,Di: 76092 RE:Yates Comer-Site Plan Zoning Re= S-P-1 Regulation &Desui , We Me Or. vely reqtresiine aparcwal of a S-P-1 Site Plan forthengYatas Comer development,located at the NW comer of Dove Road and Kimball Ave.The request is nut to ohmage the eliding use at all,but to allow for improvement oftbe existing fri1iti and a rem-addition to the FK-kting structure.Yates Comer is an historical"C. .4. Stare,"and has served the peeler OLGIMEEMity, f =Ey years(since 1960). The property is civ zoned C-1,and developed as the Yates Coiner GIOCely and Gas anion.The Tubule land Use is Retail Commercial_ A little over 3 ye=ago,FEW COME:MT* BOWER" Si;Ross Brooks)purchased Tare propertpaith the intent of coutimineit traditional use as a county store,Trmintlinine the same feel and lock but alSo to improve and mpdate it to brine it um to the quality arpected ia Scartillike.In a7tn to better 7.1311111SIMILCS 5:11X1 a complete FEVREEEpthg of the itriedor, - adding anore upgraded ntruchurt! -to appeal to the Southlake resident(remiltine in an mase of inside sales of on;er 501/0),they feel itis now time to implement Phase 11,focuthg.on frIkz,improvenent of the e‘-tenen-r and site Alihoueh the fueling flriliiies have been.tested and meet ICE-Q(4,2nhnds.the conzonents are ownedby the current gas partner,mho is urraraEirtE to wade tie equipment.As the tanks are between 36 and 52 yeas old(and the Tazmtical weft:A life is usually around 50 years),ow=shio has developvi a relationship and plan with a new provider-Tetra,and service age.T574=7,4.with Southland Corp_The plan w2.1 result Mr • 1 new underground gar a -the-art,3 ccatepartureat to (with detection=mitres). • Rem iandfiin areas with okl talk -* Remove eliding separate above mamma diesel pram. • Increase puarca firm one diesel and one easnNT1P_to two(3+1)stations,cath anti-theft prows. • Install new canopy_ • REvise ana;. new site paving Mil MITE=mem- An external gas study was performed and it COMfanzeed a mei tram:hood fli.m7mr1 of more than twice the omen capacity,so the improvets will provide a needed sertice to the COMICOCCGity. 101,3 M.CAR !ILL AFO '1lt • :la &Mitt-if-Q.44E, ' IA t k;e.,11 751 017,41,41,2626 Fb.:4 BIT -424:2694 Ordinance No. 480-770 Page 4 The . .tional look and agide of the structure wg.l.remain,bet improved with better,, i ....p i.. s. Since we the act' essine ani existing:ongoingb�iness,lit.,hirli was developed long l efore the=rent ids for .design Oinfikyards,landscaping;eta)',were ckweloped we will need it:to be graluated as suck meeting all of the.•'..:..,. stm-Ithrdzwould be nrolibitive.To that end we anticipate walking Va thstaffto craft S-P-1^ „ii sis.to adderswhat is Mtessary. In addition to the Site Plea,we are salmi-Hine a Tree Conservation ation Man, a .4. • ..- Plan in beforerafter eeev-ationnhotogi phs of the structure. The ream ted=nine is S-P-1 Detailed Site Plan Di tric-t.following the C-1 Neighborhood. Con=iercial.District 4,tssez,-with the following exceptionsand additional require nt 1_ Colins service stati,o-nMita VElihence stare,as shremi.on the Site Plan and eleratiom. 2. Buffer Yards landscaping outer than.rile on the h,. o- Plan,shall not be rem 3'- Rewired;axion a n: CtipalkinE sgxaoes.h0f11 be 10. 4_ Allow ice nier4 np andpevodical dimlays to reroana located in front,of the stale_ The following ve_s are also rque 1. Subavithon Or. No.483,as an '4ed—to alloy for no xieht of ::, ratio ,as shown on the Site Plan. 2,_ Subdt.'-inn.• .. ,.0 . No.483';:as ..._,..'-, —to allow for no_8' trail along-Dove Rd_amino 5''s �.� alp Kimball Ave_ 3. Diireway I •oin -No.63= .es amended—to allow thi ewa_as ShOWEL on the Site Plan. 4_ Landscape 0, -,•ce Na.544,as amended—to allow parking lot ling to•t e as siown ant'he Site Plan and'T a„dmape Plan. Thank for your attention to this tier,and let:em :mow•,,if you need anzeiTkirtE additional y- o sly submitted, S_.' . P.Ire.. (t) Curtis W.Young ` Aittac'hrma : 1_ Site Pim 7_ Tree Conservation Plan 3. Landscape Plc 4_ EnsiingiTroposed Structure Elevation F otog hs City Council Motion at 2nd Reading on August 4, 2020: August 4, 2020; Approved at 2nd reading (4-0) subject to the staff report dated July 28, 2020 and Revised Site Plan Review No. 2 dated June 16, 2020 and granting the following: 1. Subdivision Ordinance No. 483, as amended, to allow no right of way dedication. Ordinance No. 480-770 Page 5 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 all 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. REVISED SITE PLAN REVIEW SUMMARY NO. 2 DATED JUNE 16, 2020 Planning Review 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. • 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 Ordinance No. 480-770 Page 6 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 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 Minimum percentage of the the entire site existing tree cover to be preserved* 0% —20% 70% 20.1 —40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and 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; Ordinance No. 480-770 Page 7 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. 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 Ordinance No. 480-770 Page 8 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 101'* 10' Type 'E' 1 2 8 H1 — 3' hedge Required South 101' 5' Type 'A' 1 2 8 None Provided East 82'* 10' Type 'B' 2 2 8 None Required East 82' 5' Type 'A' 0 2 7 None Provided * 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 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. Ordinance No. 480-770 Page 9 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 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 GENERAL COMMENTS: No comments based on submitted information. 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 Ordinance No. 480-770 Page 10 the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment APPENDIX 10 sled Triangle a _. • 1 I1 1 vs - , e � tisa - „tti.,..7.,._...z. ,,..,.._,.= 41. Sri i - rq �7 .- • i 1 44 i —.I ,, e 1 Ordinance No. 480-770 Page 11 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein establishedhave 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 Ordinance No. 480-770 Page 12 this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 Ordinance No. 480-770 Page 13 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 t e 6th day of June, 2020. NuAllAl\ MAYOR otiolos�veee�� LA ItFA "# �O . -.WEST: ` r: 9ki Q r 1,0 .... f Y ` RETAR PASSED AND APPROVED on the 2nd readin9 he 4th day of August, 2020. i 4 t✓ AbA *l;;2 MAYS.,ATTEST: I:5A Altabk 0 ms's C,��Yl‘b RETA #.0,e,�0p111, *ee `e A PROVED AS TO FO'M AND LEGALITY: vi1 i! ' /� els CITY ATTORN DATE: it r.dao ADOPTED: la LLD I EFFECTIVE: La k-90 (74) Ordinance No. 480-770 Page 14 EXHIBIT "A" Being described as Tract 1E01, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, being approximately 0.541 acres and being moreparticularly described as follows: BEING a description of a 0.541 acre or 23,564 square foot tract of land situated ori the Francis Throop Survey ,abstract Na. 1511, in the City of Southloke, Tarrant County; Texas_ Said C 54g acre tract being, that same tract or parcel of land conveyed to Dove Commercial Properties, LLC, as evidenced by the Deed recorded under Clerk's File No. D21 6 1 776 1 5 of the Deed Records of Tarrant County. Texas. Said 0.541 acre tract being more fully described as follows. BEGINNING at a 1/2—inch steel rod with a red plastic cap stamped "Prism Surveys" set for corner at the intersection of the present west right—of—way line of North Kimball Avenue (a variable width right—of—way) with the present north right—of—way line of East Dove Street (a variable width right—of-way) and being the southeast corner of .said Dove Commercial Properties LLC tract; THENCE North 65 deg. 22 min„ 22 sec. West, departing sofa' west right—of—way line and along the present north line of East Dove Street, a distance of 205.23 feet to a da.K_ Nail set in asphalt for corner; THENCE North TO deg, 03 min. 27 sec. East, at a distance of 1156 feetpassing' a P.K. Nail set for corner of the most south corner of Lot i in Block 1 of Yates Corner Addition an addition to the City of Southlake as shown on the Plat recorded in Cabinet A, at Slide 223t of the Plat Records of Tarrant County, Texas, and continuing along a southeasterly dine of said Lot I for a total distance of 123.55 feet to a 1/2—inch steed rod with' a red plastic cop stamped Prison Surveys" set for corner; THENCE South 67 deg. 44 rndm. 29 sec. East, at a distance of 161.14 Feat passing a 1/2—inch steel rod wwitt, a red plastic cop stomped "Prison Survey?. set for corner at the most southerly east corner of solid Lot 1, and continuing for a tato/ distance of 174.77 feet to a 1'/2—inch steed' rod with a red plastic cop stamped 'Pr'ism Surveys" set for corner on the previously mentioned west right—of—way line of North Kimball A ven ue; INENCE South 01 dog. TR min. 35 sec. east, along sold west line, a distance of 141.01 feet to the POINT OF BrGGNNNG; and containing 0.541 acre or 23,554 square feet of land more or less. Ordinance No. 480-770 Page 15 EXHIBIT "B" SITE PLAN DATED JUNE 5, 2020 _ U • e ,, -C,it .. �rfumm llt 4. 4 v+ j rK`ltiS ttL h?,.....Ar,... rI""� I '4.. y ` ' ' 4gua,\ . D '' L1 w,_uae�.a...» ` rfte Ws..ef= ""'' on ] ori /�("ti :'. 7 wa..w... .qa r l � "I i j+rL Q/, S w� �- I,' .....,..,..•......... b 'I: ,1 �~ '1 vl d u...2.1....1,-,'„,4,....%26: '....: iI+ :_,.,.....;'9,,....„.. .r a., I —i.. I , � I _ . ,.m my (;::-.: \' /�� 2 ' �' `" ' .c..b.... . .4 Loca6an{Nap �t • .` ......�, l ^ r /„,,,,,C..'", ���J '.i —e— cri;O i ..—....1 �w�.:� ,� .wry _............. — '''N.,, x. ,-c:-.--..._•:4!••••;::*i \� .h0A�-_�! 1. '1 . ..q�. w . . . CORNER GR�C. \r` �N ST� '`�. �� ...�.�.. Ownzr/APPL�IE 0.47.•VIA ml `� .y''� .0 tr.IouN,ve;W 6tr.0a�M10lA, `-r` -_ _ � • LULL Oaken Planner: M1L, 5,18/AOly.PI[ �` W Qj W,A 1�i` =LOA...a snw:mn ,..,s ,,;a Case#ZA20-0030 F, ,, �Site Plan (0.541 ac.) Yates Corner Grocery • • • Ordinance No. 480-770 Page 16 SITE DATA SUMMARY CHART DATED JUNE 5, 2020 Site Dago Summary chart-200517 Lots Exist'ng Zoning-I Proposed Zoning C-1 Nethborhood Commeriml District Proposed Zoning. S-P-1 Current Land Use( esignaton RetaI Cornmecrai Gress Acreage 0.541 ac. Net Acreage (onus R.O.W. dedication) 0.541 ac. Net Percentage of Ste Coverage(%of 7.399'm buidmcp footpmt area covering the.site) Net Acreage of Open Space 0.178 ac. Net Open Space as a percentage. . 32.90% Outside Storage as a percentage None Total Buiding.Area (WA:ling footprint) 1,903 s.f. Gross Floor Plan(Inc: Ind floor). . 2;653 s,f. Leasable Square Footage 1st Floor-Convenience Store-1,903 s.P, broken doom by use Leasable Square Footage 2nd Fbor-Office,Storage, Mechanical.750 s.F. broken dosem by use Total Leasabb 2,653.s.f. Parking Spaces Required 10 spaces Parking Spaces Provided 10 spaces Loading Spaces Requ'red .Pnoviied No Spaces are Required Impervious Coverage 0.353 ac.. Impervious Coverage as a percentage 67.10% Maximum Bolting Height 2 Story but no more than 35' Constructbn Start Date NIA Cornstructura End Gate P11 Ordinance No. 480-770 Page 17 ' LANDSCAPE PLAN DATED JUNE 5, 2020 ,_. -—..:•..-——---,..,----l'17...-:..-..7.:..7:-.-",..,--....- -.-...,.... 7.7.1it-...:',....-...-....-.....-",....W. ritr,.;,-" ,.1. , • . i I g 1 I = m" = LI Z. 1 "-. ."•.-- /7,,C,,-,,,,li',1'.."•,.. '"....", _•,,Zsi"5.i b(.8' • ,-, ; i ,r--,r,:fi-:7_..,.. , :21,,,, '•-•,%',., I •.•'.-':, , . - C,.b . ;.-‘:' , 4 ---- • -*1.. , _ .-.. . .. _ -f"" ''..-.••••.... 4 T•".."...'"..""". ^ 1 ""''' •. — ."--"-•••-.,', •... : I I I ^ Rona 11.1.•••... Usu.Lowy 11.4..1 _ _ ... ....,..........7 -L"--..4=-,-":'' '..,..-4:;."4,--i.:: ,•''.. 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Location Map •,- ........... am. .a ca....,.. ..-",.. iy ,-,,,,,,, .•:t.-,.....', -•--• .., .,,,,v----__. ,!,--61- . . . .....1-: __ _ , ..,..,_ ,.i -„ --,1.s.;,-----"-z•-.." •-•, -7-'....:-...---_,7-";••..72Z t.-.2-:i : ell =•"'' • ••••••••••••••••••••-•••••• i I -..,,, .....p6-------,...--......._:,:e -.----.., .,..j. .:, .. -------- -,.. N P4' -------.„- _-.-4-4,3 -----••(; • — -,,. •,, -- ...S:pi? ----....;...„-z.- --1-„-• ,, l,' gr',:.."-' —-- — - — ,-- •••.-...-..... .11 II """ -----, . '•••,,, I--1=0 . tt•\c it ..,.........„...,..,...v.,, -.........„ ......„..c. . 1 • SM1 oaa. ....sna 1....... . . .7 1 Omer/Appticann \ —....................— .alonninn Mini reaninnins . ._ cemCoratmca Praeran.tit „ ,, let E.M.A. 'srATE S 'N CORNER GRaC. , , , Mannar: StGEGICUP,IIIC "•"."."' lawn 1 & ore[ma =man S TA 9 9 9 Case#ZA20-0030 n 0 ElY t20. .' 1111.1W Landscape Plan - (0.541 ac.) Yates Corner . .1.,.,....... Ordinance No. 480-770 Page 18 LANDSCAPE PLAN PLANT LIST DATED JUNE 5, 2020 INTERIOR - Plant List and Schedule ACCENT TREES SYMBOL PLANT NAME QuANT1TY SIZE CONDITION/REMARKS NOTE:ALL TRS TO ME STPAIGHT TRUNKS,®;h.1 BE MATCHING a f E IN WRISTS. SHRUBS SYMBOL PLANT NAME QuArriTre SIZE CONDITION I REMARKS vandal= L' @ 1' L5rfYgiWwtiy 26°c.c.I Abeam NTE:ALL PLANTS TO HAVE IRJLL GROWTH AND BE MATTIONG WITHIN VARIETIES, GRO1JNDCOVE SYMBOL PLANT NAME QUANTITY SIZE CONDITION/REMARKS ffun� + Carur► IR)c,.. A°147'# gr E1°q�e, a eg r 5®xrtzl GamerO e, 4'POTSll 6°r, C utar alzrg NOTE All PLAN fSTO HAVE FULL GROWTH AND BE MAIMING tTnHIN VARIETIES. BUFFERYARD - Plant List and Schedule CANOPY TREES SYMBOL PLANT NAME Qom' SIZE CONDITION,�REMARKS 410— Lhe Oak aperzz vi; kris 1 30G;L L tip ispo.AD cxrrinterpn:ea;matting fit+ NOTE ALL TREE TC HAVE STRAIG TTRUNKS AND BE MATCHING WITE{IN VARIETIES ACT TREES SYMBOL PLANT NAME QUANTITY SIZE CONDITION J REMARKS ' tkfa Mexican.€:vm Prunes rmaimann Is 30 ed.f$' VASO en=inergwai; gcwit NOTE:ALL TREE TO HAVE STRAIGHT MAWS AND BE MATCHING Vwt17HIN VARIETIEE. SHRUBS SYMBOL PLANT NAME QUANTIT'd SIZE CONDITION j REMARKS s* surfard€€efly v=im J'SEs"l T.,r urn-44; NOTE:ALL RANTS TO FOIE FULL GROWTH AlE)BE MATCHING WITKN VARIETIES. Ordinance No. 480-770 Page 19 TREE CONSERVATION PLAN DATED MAY 18, 2020 r,. _ u„p `. • goo `-L --;,---.7.:: PiiK�p _ 4a 06.00.00. o a m� f [=_. A. ( iit7.144, Mt rro.asaw asss >dnal Inge, -.CARY 1ib/ a < l Yr i-.. — -i� 1 FSS ........1 . 1 . •..,.' { --'-- "T `=`, , ..,, {'I O.,00,...c0 003000..[ IT Ab�� .tip 403 \ \ W1G1y.rraO �. ..R .r....�_ \\\ '°`.°°'`"2 CORNER GR°C. " � > Planner: Sc�S� INC \\ X31 'a`.v ma 118 .�...,,..•.. Case#ZA20-0030 19 Kw ,.id m24. '4%7 ® ' Tree Conservation Plan - (0.541 ac) Yates Corner rmimicilmi —i _7-r)�_J =y', + .a ,a-1 - . . . t�°re?,, _1 '_ rG'c.yiaxI Total Less Trees Net Tree Trees Trees R.O.W of R.O.W. 413 Saved Trees ® 6 - 0 85.71 Trees to be Altered 0 1 - 0 14.29 7 0 0 100.00 Tree Canopy Coverage Total site area (gross) 23,566 s.f. Total existing canopy 10,003 s.f. --> 42.45% Preserved tree canopy(green) 8,985 s.f. --> 89.82% Removed tree canopy(red) 1,018 s.f. --> 10.18% 10,003 s.f. --> 100.00% Ordinance No. 480-770 Page 20 ELEVATIONS (SEE MASTER SIGN PLAN FOR YATES CORNER FOR APPROVED SIGNAGE) Ell I 4E ' co Clomr OP b o . o i VC ' III T II 2I6-a, _c Y1 1 4 ^. It - a�N1 1y" �1 \s CbwR1 { 8 Ordinance No. 480-770 Page 21 EXHIBITS OF CHANGES TO EXISTING BUILDING .. t' 4s 4 •Vell.•;". -;• i..!.. • On t.• • .w. :?. :� T .6•- G a• P., j!'• r "�! et w " N R, I.* • �' ice'aamek-� .0, 1 L -t SACX ,AC. YATES CORNER ®a o 0Wa m WEST ELEVATION �• AS IS CONVERSION r , 'y c.• .4•s• �_,.. ..• Y . tom" !i ' !M _ .4 44.4 T ice. - k. •�: • h - +� ,4,�.j s t.A.., • . tee: t• ' `i•1� i C \iir ' —. _. ADDITION' SAGE °,I WEST ELEVATION YATES CORNER A8A m PROPOSED ADDITION _._. CONVERSION Ordinance No. 480-770 Page 22 EXHIBITS OF CHANGES TO EXISTING BUILDING --- -- - - -..y..-. ,r t 1 •1 ;M�� rI.„j� �� i�' . -.II� tip.' •. Y`.4.), ,...\- 4., . . _ r ',i ,d� j1 1 .rr' , j l' ._� ., sir 50 3 K L -zr - '- -c+-= -- _- _...... ..... - ..mss.. . SAMGICus'A` NORTH ELEVATION YATES CORNER a°°° ' .�m AS IS CONVERSION "f: rI itAltitOr IL 4 t.' YZ z 1,t —— ' n. r '.IY • -ct __ • rADDITION= - ,. 1",. - — __ - • - y . .J' _ . • . tial, 1- �.. Sf.GEGROUP, INCUbe,Dekin NORTH ELEVATION YATES CORNER OBJ © 0 111111. PROPOSED ADDITION CONVERSION Tat 9I747.1129 Ordinance No. 480-770 Page 23 EXHIBITS OF CHANGES TO EXISTING BUILDING (t _ ., ._ NO CHANGES TO SOUTH OR EAST ELEVATIONS) p ..... ...... „,,.... ,,,,,...t.,..„ : _ : .., . ..______._".. ..._________.:_,, ...... _. , ,...:,,,,,,,,,,...,,,,,„0 _.,........ .:. ,.,_,:..,,..,..,„,„... — --." 1 '''. .` ;'.9" 77/'' ,„,- i -- _ ` . 4—.-:c,'�' ii , Y" ! ., i. I r� I i a ; Gs: , Ift `;' 11 = ► C ,-� -.______ _ - t, !�C — - ' . - �< f. - r , 1 ' "1111111L SAGE ="s'""mos IWO EAST ELEVATION YATES CORNER . 0006 ". NO CHANGE 4.1¢44,...07.012 CONVERSION tv'n ♦ r.:,..4:::`:."46%,:--4".. ...„ \ : t ' iNCS .sir , 7 Av....... _ - axxv,�c._ tan.c;btvit amcrm=-OUR - ( , . 1,..7, .. .. ..lc w 6_-- - M —' ... - 1 = - "" `RC SOUTH ELEVATION YATES CORNER 0030'- NO CHANGE a..,.r CONVERSION Ordinance No. 480-770 Page 24 tar- e a ram MEDIA Arlington Citizen-Journal I The Keller citizen]La Estrella Mansfield Mows-Mirror I Star-Telegram Northeast I Weatherford.Star Telegram star-telegram com 1808 Throckmorton.St,I Ft Werth;Tx..76102-63.15. *** MEMO INVOICE *** Fed ID#26-2674582 23 I TOTAL AMOUNT DUE $58.04 SALES REP - 124 - , - ADVERTISER INFORMATION - - - - 1 _ BILLING PERIOD. 6 1 BILLED ACCOUNT NUMBER 7 1 ADVERTISER/CUENT NUMBER 2 1 ADVERTISER/CLIENT NAME • , • Advertising Dept' - 07/15/2020 600637 600637 - CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO • Star-Telegram CITY OF SOUTHLAKE Star-Telegram-Advertising PO BOX 51847 1400 MAIN ST • Livonia,MI 48151 STE 440 SOUTHLAKE,TX 76092-7604 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections@mcclatchy.com Payment is'due upon-receipt. TM 0 11 NEWSPAPER 1z 14 13 - is • Lid'BILLED. 17 TIMES Lid 1s START STOP ' - REFERENCE' DESCRIPTION PRODUCT SAU SIZE . UNITS RUN , RATE AMOUNT 07/15 07/15 0004695766 Ord No.480-770(ZA20-0030),PUBLIC HE Telegram 1 x 39 L 39 1 $1.36 $53.04 07/15 07/15 0004695766 Ord No.480-770(ZA20-0030),PUBLIC HE/ Upsell ST.Com 1 x 39 L 39 1 $0.13 $5.00 Invoice Total $58.04 • ord LLV JUL .Z7 2020 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE Star!1e1egraiii 1 I ' BILLING PERIOD ' 2 I ADVERTISERICUENTNAME MEDIA 07/15/2020 CITY OF SOUTHLAKE Star-Telegram-Advertising 23 I ' TOTAL AMOUNT DUE • 3 1 • TERMS OF PAYMENT PO BOX 51847 • Upon Receipt Livonia,MI 48151 $58.04 4 1 PAGE# 5 I . BILLING DATE *** MEMO INVOICE *** 1 07/15/2020 11I' -NEWSPAPER REFERENCE 0004695766 Star-Telegram 6I BILLED ACCOUNT NUMBER Star-Telegram-Advertising 600637 PO BOX 51847 7 I ADVERTISER/CLIENT.NUMBER Livonia, MI 48151 600637 • tag e e rarri MEDIA Arlington.Citizen-Journal I.The Keller Citizen I_Le Estrella' Mansfield mews-Mirror I Star-Telegram Northeast I tifieptherioniStairrTetegrairn star,-telegram com 1808'Thracicmorton St.I'Ft Worth;Tx."76102=6315. *** MEMO INVOICE *** Fed ID#26-2674582 23I TOTAL AMOUNT DUE $98,84 SALES REP 124 - , ADVERTISER INFORMATION - , - 1 'BILLING PERIOD. • • 6 I, BILLED ACCOUNT NUMBER - 'i 7 I _ ADVERTISER/CLIENT.NUMBER 2 1 - ADVERTISER/CLIENT NAME Advertising Dept 08/07/2020. 600637 600637 • CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star-Telegram CITY OF SOUTHLAKE Star-Telegram-Advertising 1400 MAIN ST PO BOX 51847 • Livonia,MI 48151 STE 440 SOUTHLAKE,TX 76092-7604 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections@mcclatchy.com Payment is due upon receipt. �IrM r10 11 _ NEWSPAPER tz 14 1s 1s - is .BILLED 17 TIMES. I START• STOP : REFERENCE .' • DESCRIPTION • PRODUCT SAU SIZE UNITS : RUN RATE AMOUNT. 08/07 08/07 0004721198 Legal Notice,ORDINANCE NO:480-770 A Telegram 1 x 69 L 69 1 $1.36 $93.84 08/07 08/07 0004721198 Legal Notice,ORDINANCE NO.480-770 A Upsell ST.Com 1 x 69 L 69, 1 $0.07 $5.00 Invoice Total $98.84 • p -11 0 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE Stare1êgran 1I . BILLING PERIOD 2I , ADVERTISER/CLIENT NAME - • MEDIA 08/07/2020 CITY OF SOUTHLAKE • Star-Telegram-Advertising 23I TOTAL AMOUNT DUE 3I TERMS OF PAYMENT _ - , PO BOX 51847 Upon Receipt Livonia,MI 48151 $98'S4 4 I PAGE M 5 I BILLING DATE *** MEMO INVOICE *** 1 08/07/2020 11I NEWSPAPER REFERENCE 0004721198 Star-Telegram 6 I " _BILLED ACCOUNT NUMBER , Star-Telegram-Advertising • 600637 PO BOX 51847 7 I , ADVERTISER/CLIENT NUMBER Livonia, MI 48151 600637