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Item 6CCase No. ZA20-0041 S T A F F R E P O R T November 10, 2020 CASE NO: ZA20-0041 PROJECT: Zoning Change and Site Plan for 751/771 E. Southlake Blvd. EXECUTIVE SUMMARY: On behalf of Noorneel, LLC, Ward Architecture PLLC is requesting 2nd reading approval of a Zoning Change and Site Plan for 751/771 E. Southlake Blvd. on property described as Lot 9, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 751 and 771 E. Southlake Blvd., Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #9. DETAILS: The purpose of this request is to seek 2nd reading approval of a Zoning Change and Site Plan to modify the current permitted “O-1” uses to include “barber and beauty shop” and “medical office” uses for up to 25% of the net usable floor area and to allow the construction of an approximately 4,828 square foot two- story addition to the building addressed as 771 E. Southlake Blvd. A regulation has been added to designate the minimum west side yard setback at 10’ instead of the 15’ minimum setback required in the base “O-1” Office District zoning. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Site Plan Review Summary No. 4, dated October 13, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-273B Link to Presentation Link to Narrative letter Link to S-P-1 Regulations Link to Plans Link to SPIN meeting report Link to 2035 Corridor Planning Committee meeting report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0041 Page 1 BACKGROUND INFORMATION OWNER: Noorneel, LLC APPLICANT: Ward Architecture PLLC PROPERTY SITUATION: 751 and 771 E. Southlake Blvd LEGAL DESCRIPTION: Lot 9, O.W. Knight No. 899 Addition LAND USE CATEGORY: Retail Commercial and Office Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District. REQUESTED ZONING: “S-P-1” Detailed Site Plan District. HISTORY: - On May 5, 1998 the City Council approved a Zoning Change and Site Plan from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office District Uses under Planning Case ZA98-006. - On November 20, 1998 a Plat Showing was filed with Tarrant County under Planning Case ZA98-007 reflecting the improvements and approvals of the site plan for the property. - On April 7, 2015, City Council approved a Zoning Change and Site Plan (ZA14-149) from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District to revise the building elevations on the existing two buildings on the property from a brick façade to a combination of the existing brick, stucco and stone veneer façade and adding a total of 17 parking spaces to the 55 approved parking spaces for the site. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designations for the site are Retail Commercial and Office Commercial. 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 previously discussed. Case No. Attachment A ZA20-0041 Page 2 Office Commercial: Purpose and Definition: The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office-related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surroundin g residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. Pathways Master Plan & Sidewalk Plan Eight (8) foot wide multi-use trails are existing along E. Southlake Blvd. and the south side of Zena Rucker Rd. A 5’ sidewalk is existing along the north side of Zena Rucker Rd. The existing multi-use trails and sidewalk conform to the Master Pathways Plan. TRANSPORTATION ASSESSMENT: The development shares a common access driveway onto E. Southlake Blvd. with Zelda Offices to the east and a driveway connection to Zena Rucker Rd. to the south will be constructed with the future development of Lot 3, Block A, Zelda Offices. The property also has cross access to an additional driveway connection to E. Southlake Blvd. through the developments to the west. Both existing driveways onto E. Southlake Blvd. are right-in right-out only with no median break. Traffic Impact * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: There is approximately 20% tree coverage on this site and 97% of the existing tree cover is proposed to be preserved. The “S-P-1” zoning district does not require the applicant to preserve any minimum amount of tree cover, but rather the Tree Conservation Plan is subject to City Council approval. 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 Use Area/Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT General Office (710) 19,900 sf 220 28 4 6 25 Case No. Attachment A ZA20-0041 Page 3 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. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was held on August 25, 2020. Link to SPIN report A 2035 Corridor Planning Committee meeting was held on August 31, 2020. Link to Corridor Planning Committee report PLANNING AND ZONING COMMISSION ACTION: October 8, 2020; Approved (6-0-1) subject to the staff report dated October 2, 2020 and Site Plan Review Summary No. 4, dated October 2, 2020. CITY COUNCIL ACTION: October 20, 2020; Approved at 1st Reading on consent (6-0). STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 4, dated October 13, 2020. Case No. Attachment B ZA20-0041 Page 1 Case No. Attachment C ZA20-0041 Page 1 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA20-0041 Review No.: Four Date of Review: 10/13/20 Project Name: Zoning Change and Site Plan – 751/771 E. Southlake Blvd. APPLICANT/ARCHITECT: Gerald Ward OWNER: Sandeep Sandhu Ward Architecture PLLC Noorneel 5004 Thompson Terrace Suite 107 704 Gateshead Ct. Colleyville, TX 76034 Southlake, TX 76092 Phone: (817) 281-5600 Phone: (817) 416-7909 E-mail: gerald@wardarchitecturepllc.com E-mail: sandeep_sandhu@noorneel.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/21/20 AND 10/02/20 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 (817) 748-8602. 1. Revise the narrative letter as follows: a. Revise the narrative to state the floor area of the building that is being added. The building footprint is the area covered by the first floor. The gross floor area includes the floor area on all floors. The gross floor areas of Building 2 that are being added and that are existing are 4,828 and 8,778 for a total of 13,606. 2. Please make the following changes to the Site Plan to comply with Zoning Ordinance No. 480, Section 40: a. Remove the Lot 4 portion of the label from the property to the west (keep Lot 2R) and change the Land Use Designation to Retail Commercial/Office Commercial. b. Correctly show, label and dimension the width of all easements on or adjacent to the site. A 10’ Drainage and Utility Easement exists along the west property line and it widens to the full width of the lot on the narrow portion. c. There are many unlabeled dashed lines on the plan. Please add labels to all lines. d. Show and label the width and type of bufferyards along each boundary in accordance with Ord. 480, Section 42 and 43). Show the bufferyard with dashed lines and shading or cross-hatch. Properties within Corridor Overlay Zone see Ord. 480-S § 43.9.c.3. and Exhibits 43-B and 43-C. e. Label the distance from the buildings to the property lines. Provide the distances perpendicular from the property line to the closest points on the addition. A form board survey will be required prior to pouring the foundation. Ensure that the building is not encroaching into the 10’ Drainage and Utility Easement and 10’ setback along the west property line. f. Show all entrances and exits to buildings (a symbol with legend can be used). g. Provide fire lanes in compliance with the City Fire Code. Show and label the full width of the existing and future fire lane width (onsite and offsite) and any curve radii. Also label any radius of any curbs adjacent to the fire lane. h. Show and label the width and type of surface for all pedestrian walks, malls, and open areas for use by tenants or the public. Show and label the existing 5’ sidewalk along the north side of Zena Rucker Rd. and the existing 8’ multi-use trail along the south side of Zena Rucker Rd. Case No. Attachment C ZA20-0041 Page 2 i. Please make the following changes to the Site Data Summary Chart: i. Change the Land Use Designation in the “Existing” and “Proposed” columns to Retail Commercial/Office Commercial. ii. The areas shown for tract 1 and 2 on the Site Plan (74,895 + 7,476 = 82,371 s.f. or 1.891 ac.) do not sum to the area shown in the chart (82,513 s.f. = 1.894 ac.). Revise the areas as necessary so that they are consistent in all places. iii. The impervious area plus the open space area in the “Existing” column should sum to the gross/net area 82,513 s.f. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. The proposed preservation of existing tree cover complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 20% of existing tree cover and a minimum of 70% of the existing tree cover is required to be preserved. 97% of the existing tree cover is proposed to be preserved. * 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 percenta ge of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and 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 Case No. Attachment C ZA20-0041 Page 3 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: * The proposed building addition is less than 5,000 square feet, and less than 30% of the existing building footprint. Only landscaping for 50% of the proposed building addition footprint area is required to be provided. 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. * Bufferyards and associated plant material are not required to be provided. The proposed building addition is less than 5,000 square feet, and less than 30% of the existing building footprint. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA20-0041 Page 4 GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. 2. Update the Site Plan to match what the Civil Plans are showing for the existing drainage swale south of the parking area. See below: Site Plan Civil Plans INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * 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. * = Denotes informational comments that will need to be addressed on the first submittal of the Civil Construction Plans. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment C ZA20-0041 Page 5 Since the building is already equipped with audible and visual fire alarm devices, coverage must be continued into the new addition to the structure to maintain compliance with NFPA 72 and the 2018 International Fire Code, with the City of Southlake Amendments, throughout the building. General Informational Comments * A SPIN meeting was held on August 25, 2020. * A Corridor Planning Committee meeting was held on August 31, 2020. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA20-0041 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. LE, KEN SF20A 801 GATESHEAD 0.46 NR 2. HO, KEVIN SF20A 805 GATESHEAD CT 0.46 NR 3. TRIPP, MELODI R SF20A 803 GATESHEAD CT 0.46 NR 4. PECAN CREEK SHOP CNTR DALLAS SP1 8235 DOUGLAS AVE STE 720 1.84 NR 5. RCCK ENTERPRISES LLC O1 2105 LEGACY CT 0.91 NR 6. RUCKER, ZENA SULLIVAN SP2 650 S CARROLL AVE 0.88 NR 7. SOUTHLAKE VENTURES LLC SP1 3710 RAWLINS ST STE 1600 2.95 NR 8. RUCKER, ZENA SULLIVAN SP2 650 S CARROLL AVE 0.72 NR 9. RUCKER, ZENA SULLIVAN SP2 650 S CARROLL AVE 0.93 NR 10. HCP CRS2 LTACH-BAYLOR SOUTHLAK SP1 3000 MERIDIAN BLVD STE 200 4.52 NR 11. NOORNEEL LLC SP1 704 GATESHEAD CT 1.63 NR 12. FOXBOROUGH HOA INC SF20A 16520 DALLAS PKWY STE 210 0.92 NR 13. FOXBOROUGH HOA INC SF20A 16520 DALLAS PKWY STE 210 1.36 NR 14. FLYNN INVESTMENTS LP C1 700 E SOUTHLAKE BLVD STE 150 1.48 NR Case No. Attachment D ZA20-0041 Page 2 15. DEVANE CLARKE PARTNERSHIP LTD SP2 7512 WENTWOOD DR 2.30 NR 16. NOORNEEL LLC SP1 704 GATESHEAD CT 0.18 NR 17. CARROLL, ISD RPUD 2400 N CARROLL AVE 15.60 NR 18. LANDLOCK LLC RPUD 16390 ADDISON RD 0.01 NR 19. JC LAND HOLDINGS LTD RPUD 225 121 HWY STE 120 0.45 NR 20. JC LANDHOLDINGS LTD RPUD 225 E STATE HIGHWAY 121 STE 12 0.49 NR 21. JC LAND HOLDINGS LTD RPUD 225 121 HWY STE 120 0.47 NR 22. CULP, BRITTNEY RPUD 3212 BRIGHTON COVE 0.49 NR 23. HENDERSON, JAMES R RPUD 312 MATTHEWS CT 0.50 NR 24. LANDLOCK LLC RPUD 16390 ADDISON RD 0.72 NR 25. LANDLOCK LLC RPUD 16390 ADDISON RD 0.31 NR 26. LANDLOCK LLC RPUD 16390 ADDISON RD 0.25 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses received: None (0) Case No. Attachment E ZA20-0041 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-273B 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 LOT 9, O.W. KNIGHT NO. 899 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.894 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE “BARBER AND BEAUTY SHOP” AND “MEDICAL OFFICE” USES FOR UP TO 25% OF THE NET USABLE FLOOR AREA 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, Case No. Attachment E ZA20-0041 Page 2 WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan District with “O-1” Office District Uses under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, 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, Case No. Attachment E ZA20-0041 Page 3 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 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 Case No. Attachment E ZA20-0041 Page 4 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 legally described as Lot 9, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.894 acres, and described in Exhibit “A” from “S-P-1” Detailed Site Plan District with “O-1” Office District Uses to “S-P-1” Detailed Site Plan District with “O-1” Office District Uses to include “barber and beauty shop” and “medical office” uses for up to 25% of the net usable floor area as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate Case No. Attachment E ZA20-0041 Page 5 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. 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 Case No. Attachment E ZA20-0041 Page 6 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. Case No. Attachment E ZA20-0041 Page 7 PASSED AND APPROVED on the 1st reading the 20th day of October, 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 ZA20-0041 Page 8 Exhibit ‘A’ Being legally described as Lot 9, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slide 4650, Public Records, Tarrant County, Texas, except the Permanent Right of Way granted to the City of Southlake in Instrument No. D217015934, Public Records, Tarrant County, Texas, and being approximately 1.894 acres. Case No. Attachment E ZA20-0041 Page 9 Exhibit ‘B’ Reserved for approved Site Plan