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Item 7A - ZA22-0010CASE NO PROJECT EXECUTIVE SUMMARY: DETAILS: SOUTHLAKE PLANNING &DEVELOPMENT SERVICES STAFF REPORT May 10, 2022 ZA22-0010 Zoning Change and Site Plan for Carnation Auto Spa (currently Krystal Clean Car Wash) Carnation Auto Spa is requesting 1st reading approval for a Zoning Change and Site Plan on property described as Lot 2, T. J. Thompson No. 1502 Addition, City of Southlake, Tarrant County, Texas, and located at 955 Davis Blvd., Southlake, Texas. Current Zoning: "C-3" General Commercial District. Requested Zoning: "S- P-1" Detailed Site Plan District with "C-3" General Commercial District uses. SPIN Neighborhood #10. The property is located on the east side of Davis Blvd. approximately 400 feet north of the W. Continental Blvd./ Davis Blvd. intersection. The purpose of this request is to seek a zoning change and site plan approval for converting a full service car wash to a flex car wash located on 2 acres. The car wash is currently operating under a specific use permit which only allows "full service" car washes. The applicant is requesting to change the zoning from "C-3" General Commercial District to "S-P-1' Detailed Site Plan District with "C-3" uses" to allow 15 self-service vacuums under two navy blue shade canopies with metal posts as an option for customers while maintaining the full service car wash option. The applicant is proposing to replace the existing front drying area canopy with navy blue fabric to match the proposed canopies in the self-service vacuum areas. In the Stacking Narrative, the applicant has stated that the site can stack 10 bays of the point of sale and an additional 20 bays, if needed, on a busy day. Additionally, the 100-foot car wash conveyor system will process 100 cars per hour and if operating at 10 hours a day on average 38 cars an hour will be processed through the car wash. The applicant has stated that the average daily traffic count on Davis Blvd is +/- 25,000 cars. The car wash anticipates capturing 1.5% of the traffic — 375 cars per day. Case No. ZA22-0010 Site Data Summary Existing Zoning "C-3" General Commercial District Proposed Zoning "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses Land Use Designation Industrial Gross/Net Acreage 2 acres / 2 acres Total Building Floor Area Gross 4,339 sf Number of Stories 1 Open Space Area / % 82,781 sf / 54.2% Impervious Coverage Area / % 47,216 sf / 54.2% Total Parking Required S-P-1 9 Total Parking Spaces Provided 11 "S-P-1" Regulations: 1) Bufferyard regulations: The applicant requests that the current bufferyard configuration be maintained and unaltered. A small portion of the northern property line has an existing paved area within the bufferyard, and this is needed to remain to allow for the proper fire lane to continue around the site. 2) The canopy columns, both existing in front of the building, and new behind the building, the applicant requests that the regulations for S-P-1 zoning allow for the metal columns. The metal columns will be kept looking professional and in good condition. Having to provide masonry around these columns would greatly restrict the ability of vehicle flow through the site and increase the likelihood of damage to customer vehicles. 3) The proposed canopy fabric and the existing front canopy will be navy blue in color. After the Planning and Zoning Commission meeting, the applicant met with the neighbor to the south regarding her concerns. A revised site plan has been provided based on the Commissions' comments and the meeting with the neighbor. ACTION NEEDED: 1) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #3 , dated April 29, 2022 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-793 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative and Regulations Plans Car Wash Stacking Exhibit and Information Corridor Planning Committee Report SPIN meeting Report Summary Narrative with meeting with the Neighbor to the South STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA22-0010 BACKGROUND INFORMATION OWNER: Tran Wealth Portfolio Group APPLICANT: Carnation Auto Spa PROPERTY SITUATION: 955 Davis Blvd., Southlake LEGAL DESCRIPTION: Lot 2, T. J. Thompson No. 1502 Addition, Southlake, Tarrant County, Texas LAND USE CATEGORY: Industrial CURRENT ZONING: "C-3" General Commercial District PROPOSED ZONING: "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses to allow a self-service car wash in addition to full service. HISTORY: "AG" Zoning District was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. The Council approved an Ordinance change to allow a full service car wash with a Specific Use permit for properties zoned "C-3" general Commercial District on May 2, 1995. (ZA95-30) June 20, 1995; City Council approved a zoning change from "AG" Agricultural District to "C3" General Commercial for a full service carwash. (Ord. 480-171) (ZA95-41) June 20, 1995; City Council approved a Specific Use Permit for the operation of a full service car wash located 955 Davis Blvd. with certain conditions for approval of a full service car wash including a site plan must be submitted with the application; sanitary sewer service must be available to the site; the site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation; a minimum of one parking space must be provided for each 200 sf of total floor area of all buildings with two-thirds for the minimum spaces being tandem spaces for cars awaiting washing or vacuuming; the wash bay and vacuum/gas pump areas must be forty-five (45) degrees off parallel to the adjoining thoroughfare. (ZA95-54, Resolution No. 95-20) July 17, 2001; City Council approved a revised site plan for an awning to cover the car wash drying area for the Mirage Car Wash. (ZA01-061) SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Industrial Purpose and Definition: Industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be Case No. ZA22-0010 Attachment A Page 1 characterized by the manufacturing, processing, packaging, assembly, storage, warehousing and/or distribution of products. Ancillary commercial and retail activities associated with these uses are permitted. Public Parks / Open Space and Public / Semi -Public activities as described above may be permitted if surrounding industrial uses do not pose hazards and are sufficiently buffered. C LU4 Mobility & Master Thoroughfare Plan In the Southlake 2030 F. M. 1709 - F.M. 1938 Corridor Plan, Davis Blvd. is proposed as a 130 ft. - 140 ft. divided 6-lane arterial with designated turn lanes between W. Southlake Blvd. and W. Continental Blvd. A median is proposed in front of the car wash driveway. Pathways Master Plan & Sidewalk Plan The Southlake 2035 Mobility Plan under the Pathways Plan, there is a less than 8-foot sidewalk designation proposed on the east side of Davis Blvd. No sidewalk currently exists along the front of the property. A 6- foot sidewalk is required for this property. Case No. Attachment A ZA22-0010 Page 2 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Describe existing roadway network that will provide access to the project. Traffic Counts " Based on the 2017 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. * 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, Th Edition TREE PRESERVATION: The existing tree cover calculations were not provided on the Tree Conservation Plan, but the proposed tree preservation would comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. Three (3) existing landscape trees, totaling 39", diameter, are proposed to be removed. There is a note provided on the Tree Conservation Plan which says, "Trees shall be planted for mitigation purposes for the 39" trees to be removed. Owner may plant trees on site or pay into City tree fund for the adequate number of trees to equal the 39"." LANDSCAPE: The Landscape Administrator has noted the required additional landscaping in the staff review. UTILITIES: A 12-inch water line is located along Davis Boulevard for water access for the property. Currently, there is an 8-inch sewer line located along Davis Blvd. that serves the property. DRAINAGE: The property generally drains from the east property line west to Davis Blvd. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on March 22, 2022. A 2035 Corridor Planning Committee meeting was held on March 28, 2022. PLANNING AND ZONING COMMISSION: Approved (7-0) subject to the Staff Report dated May 4, 2022 revised and further subject to the Site Plan Review Summary #3 dated April 29, 2022; noting to the applicant and recommending the applicant provide an optional site plan with options for the vacuum canopies moved to the east and north Case No. ZA22-0010 Attachment A Page 3 (to the vacant land) and dropping or reducing the number of canopies; also noting and conditioning the recommendation on the applicant's representation that the hours would be Monday -Saturday 8 am to 8 pm and Sunday 8 am to 7 pm; and changed to Monday -Saturday 8 am to 7 pm and Sunday 8 am to 6 pm when the time changes, if it changes this fall; also, conditioning the recommendation for a decibel test certification prior to a final certificate of occupancy being issued; and also noting the applicant's willingness to use navy blue (color) for the canopies; and noting the applicant's willingness, prior to the City Council meeting, to meet with the neighbor to discuss the fencing and landscaping issues. STAFF COMMENTS: Attached is Site Plan Review Summary No. #3, dated April 29, 2022. Case No. ZA22-0010 Attachment A Page 4 Vicinity Map 955 Davis Blvd. L ffr 2425 'fi05 29Ei m 7fQ3 7p7 pI F1�14 B5 , - µ��5 R a" i 11��.Ifrll, } Zoning Change and Site Plan 0 90180 360 v Feet Case No. Attachment B ZA22-0010 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA22-0010 Review No.: Four Date of Review: 5/13/22 Project Name: Site Plan — Carnation Auto Spa (Krystal Clean Car Wash) APPLICANT: Carnation Auto Spa Adnan Rehmatullah 6501 Eldorado Parkway McKinney, TX Phone: 833-833-8003 Email: accounting(a-)_carnationautospa.com adnan@carnationautospa.com OWNER: Tran Wealth Portfolio Ruby Tran 955 Davis Blvd. Southlake. TX 76092 Phone: 214-603-5772 Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/9/2022 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos _ci.southlake.tx.us Label the full service vacuum area (or where will this occur?). 2. For the north bufferyard, provide a variance request on the north property line to allow the bufferyard to be as shown on the site plan. Regulation provided. 3. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Label the distances to the nearest existing off -site driveway centerlines to the south of the site (See Driveway Ord. 634 § 5 for spacing requirements). b. Show any existing driveways across adjoining rights -of -way and note the type of pavement and use (residential, commercial, etc.). 4. The existing canopies are green, and the provided photo shows blue canopies. Will the proposed canopies to match the green front canopies or be blue? The blue color of any chosen color will need to comply with the Zoning Ordinance Section 33.21, Supplementary District Regulations for building color standard for non-residential buildings. Regulation provided for Navy Blue fabric. 5. In Section 43, Corridor Overlay, under 43.9.c.1.e, Exposed Columns (for the shade structures), the columns are required to be masonry wrapped in the principle building material. Provide a regulation in the "S-P-1" zoning to allow the canopy columns to as metal (not masonry wrapped) or request a variance to this requirement. Regulation provided. Case No. Attachment C ZA22-0010 Page 2 6. On the Site Data Summary Chart on the Site Plan, verify the area of impervious coverage and open space (pervious area). Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(a)ci.south lake.tx.us TREE CONSERVATION COMMENTS: The existing tree cover calculations were not provided on the Tree Conservation Plan, but the proposed tree preservation would comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. Three (3) existing landscape trees totaling 39" diameter are proposed to be removed. There is a note provided on the Tree Conservation Plan which says, "Trees shall be planted for mitigation purposes for the 39" trees to be removed. Owner may plant trees on site or pay into City tree fund for the adequate amount of trees to equal the 39"." LANDSCAPE COMMENTS: The proposed request for change in zoning is to allow for express self-service vacuums on the premises. Any request 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. Please provide all required bufferyards, plant material, and irrigation. Existing plant material may be counted as required bufferyard plant material. 2. Correctly identify and label all required bufferyard types. The required bufferyards are as follows. No bufferyards are required adjacent to the north and east 11 zoned properties. North — 5' — A. Where adjacent to the C3 zoned automotive repair. South 1 — 5' — A. Where adjacent to C2 zoned dry cleaners. South 2 — 10' — F1. Where adjacent to residential properties. West — 15— S. Where adjacent to Hwy. 1938. 3. Each individual parking lot landscape island shall contain a minimum of one (1) canopy tree with the remain area in shrubs, ground cover, ornamental grasses, seasonal color, or a combination of these plant materials. This includes landscape areas at the ends of rows of parking. The landscape areas with the mechanical equipment at either ends of the proposed vacuuming stalls may be left as shown. The landscaping would probably be quickly destroyed 4. There is a note on the Tree Conservation that states the three (3) trees being removed will be mitigated by either planting on site or payment into the City Reforestation Fund. Please state how the tree removal mitigation will be handled. If planting back on site show the mitigation plantings on the Landscape Plan. If paying into the Reforestation Fund, the amount is $149.50/inch @ 39". Case No. Attachment C ZA22-0010 Page 3 $5830.50. 5. For all lots greater than 30,000 square feet, the Landscape Plans shall be prepared and stamped by a Registered Landscape Architect. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy(a)-ci.south Iake.tx.us GENERAL COMMENTS: 1. Update the Drainage Area Map and associated calculations for proposed conditions for the additional parking lot that was added. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(a-),ci.south lake. tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments 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. Case No. Attachment C ZA22-0010 Page 4 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. Denotes Informational Comment Case No. Attachment C ZA22-0010 Page 5 SURROUNDING PROPERTY OWNERS MAP 2390 n ' E70 275a soon - 23 2152 2140 _ 5 2325 2855 � 880 21a5 2066 1950 Boo 2106 g 8 211a B10 B3o Z1¢i 21� 1900 2118 ?fpS 925 I 2a75 950 c � 929 m 11100 1 001 } 0 16 2012 MOO 1005 > W C C3 .2013 204B 1009 [nr s005 1013 21a0 w UNION- SPO # Owner Zonin Physical Address Acreage Response 1. COMBUSTION REAL ESTATE LLC SP1 2105 GREENWOOD DR 0.82 NR 2. MENDEZ LTD SP1 2104 GREENBRIAR DR 0.85 NR 3. 515 RESOURCES LLC 11 2100 GREENBRIAR DR 1.13 NR 4. TEXAS WHEELHOUSE LLC SP1 880 DAVIS BLVD 0.47 NR 5. WEBOCK LLC 11 2107 GREENBRIAR DR 0.66 NR 6. SAFFE PROPERTY & CASUALTY LP 11 2113 GREENBRIAR DR 0.61 NR 7. PRIMSLAKE II LLC SP1 1100 DAVIS BLVD 1.58 NR 8. D FONTANA HOLDINGS LP 11 2075 GREENBRIAR DR 2.99 NR 9. SHEKHAR, SRINIVASAN SF20A 2024 WOODBURY CT 0.52 NR 10. ADAMS, WILLIAM K SF20A 2020 WOODBURY CT 0.59 NR 11. DUSSETSCHLEGER, ROBT SF20A 2016 WOODBURY CT 0.57 NR 12. YUNXIN LLC SP1 945 DAVIS BLVD 0.68 NR 13. KJ MANAGEMENT LLC C2 1025 DAVIS BLVD 0.54 NR 14. RIG PROPERTIES LLC SP1 1125 DAVIS BLVD 1.19 NR 15. RYAN, MARSHALL D 11 2110 GREENBRIAR DR 1.28 NR 16. HALL, MICHAEL C AG 911 DAVIS BLVD 1.12 NR 17. AVARY FAMILY LTD PRTNSHP 11 2105 GREENBRIAR DR 0.85 NR 18 TRAN WEALTH PORTFOLIO GROUP LL C3 955 DAVIS BLVD 2.07 NR 19. CURRENT OWNER SF30 2100 W CONTINENTAL BLVD 0.96 NR 20. LOMME, STEPHANIE BROOKE AG 2300 W CONTINENTAL BLVD 2.82 O 21. NORTHEAST BAPTIST CHURCH CS 1000 DAVIS BLVD 3.35 NR 22. STANFIELD, MARK W SP1 900 DAVIS BLVD 3.84 NR 23. Supt of Carroll ISD NR 24. Supt of Grapevine Colleyville ISD NR 25. Supt of Northwest ISD NR 26. Supt of Keller ISD NR Case No. Attachment D ZA22-0010 Page 1 Responses: F: In Favor O: Opposed U: Undecided Notices Sent: 26 Responses Received within 300': In Favor: Case No. ZA22-0010 Opposed: 1 NR: No Response Undecided: 0 No Response: 25 Attachment D Page 2 SURROUNDING PROPERTY OWNERS' RESPONSES Stephanie Lomme 2300 W. Continental Blvd. Ala-U11XID QVVW32 ZA22-0010 Points of Opposition from the owner of 2300 W Continental Blvd- 1. Our property located at 23DOW Continental Blvd. is located directly behind the entire area proposed to be modified- We are a single family home and taxed as such by Tarrant County- Southlake placed our property in AC zoning by default We are NOT an AC property- We do not have an AC exemption. 2. N0I SE al ready carries from the mobile vacuu ms{carpet cleaners that are present in the non -approved erected "detail canopy', of which electricity was even run without citylsite plan approval by Speedy Bee- The permanent canopy was not a part of the original site plan and was never approved by P&Z. SOUND cannot be silenced by a fence. We have skylights. The current noise already comes into our home in this way. We have replaced our windows with triple pane with no relief. What level of sound will this new row of vacuums relay to my residential property? Has a sound study been done on a business with similar vacuums? Will the sounds fall withirdbelow current regulated Soured ordinances for the City of Southlake? Decibel levels must be below Sg dBA dayUrne Monday -Saturday and Under 15b dBA Sundays - Property receiwir g sound aykl+ne I9httlrne ndays Ruidentlal dM S CIDA dDA Commercial dM dBA dM 0497UQ22 lsj ) Case No. Attachment E ZA22-0010 Page 1 f,.u.re.p� io. eeo-euc�aeu�+mseear-vneaano-o-i i � Notification Response Form ZA22-0010 Meeting Date: May 5, 2022 at 8;30 PM Direct questions and nail responses to: City of South lake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake. TX 76092 Phone: j817) 748-8621 Fax; (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the ro rty so noted above, are hereby in favor cf opposed to undecided about (circle or underline one) the proposed Site Plan referenced above - Space for comments regarding your position: SEE ATTACHED SIGNED STATEMENT. Igfittlre-Sffp,l6rmir L'omme ❑a_ oa?�r2p32 T]'PTJG 3'T1.9:TTlPCO1 Addltimal ignature- D41W- Printed Name(s). stepnaw LOMMe Must he prop2ny rnmegr.) whose nan*sj are printed ai kTL Cnhe wise wnw 1w Flaming Department One form per property. Phone Numbw (opbond)- 817-269 2 Case No. Attachment E ZA22-0010 Page 2 I erw - WO-OAZI (aur a noe swra 93 m s.4 Case No. Attachment E ZA22-0010 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-171 a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2, T. J. THOMPSON NO. 1502 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-3" USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "C-3" General Case No. Attachment F ZA22-0010 Page 1 Commercial District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment F ZA22-0010 Page 2 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 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 Lot 2, T. J. Thompson No. 1502 Addition, City of Southlake, Tarrant County, Texas being approximately 2 acres, and more fully and completely described in Exhibit "A" from "C-3" General Commercial District to "S-P-1" Detailed Case No. Attachment F ZA22-0010 Page 3 Site Plan District with "C-3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: 1. List any conditions 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 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. Case No. Attachment F ZA22-0010 Page 4 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 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. Case No. Attachment F ZA22-0010 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2022. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2016. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA22-0010 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA22-0010 Page 7 EXHIBIT "A" Being described as Lot 2, T. J. Thompson No. 1502 Addition, City of Southlake, Tarrant County, Texas, being approximately 2.0 acres and being more particularly described as follows: Case No. Attachment F ZA22-0010 Page 8 EXHIBIT "B" Reserved for approved Site Plan Case No. Attachment F ZA22-0010 Page 9