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Item 7A Department of Planning & Development Services S T A F F R E P O R T November 24, 2008 CASE NO:ZA08-044 PROJECT:Zoning Change and Site Plan for Regent’s Professional Park REQUEST: On behalf of NADO Ltd., Blake Architects is requesting approval of a Zoning Change and Site Plan from “SF-1A” Single-Family Residential District to “S-P-1” Detailed Site Plan District for the development of five (5) medical office buildings of approximately 6,000 sq ft each on 3.54 acres. The proposed “S-P-1” Detailed Site Plan District will follow the permitted uses and development regulations of the “O-1” Office District with the exceptions noted in Attachment C, Page 3. A Variance to the “Minimum Distance to an Intersection along a Roadway” is being requested with this application. The proposed driveway is 348-feet west of the River Oaks Drive intersection with Southlake Blvd; 500-feet is required. This zoning request is not consistent with the Southlake 2025 Land Use recommendation of “Low Density Residential” in this location. The applicant has requested an amendment to the Comprehensive Land Use Plan (CP08-001) to change this location’s land use to “Office Commercial.” The plan proposes the following: Gross / Net Acreage 3.54 acres % Impervious Coverage 63% % Open Space 37% Number of Office Buildings 5 Total Building Square Footage 29,570 square feet Parking Provided 171 spaces Effective Parking Ratio 1 space per 173 square feet ACTION NEEDED:1. Conduct public hearing st 2. Consider zoning change and site plan 1 reading approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Site Plan Review Summary No. 6, dated December 2, 2008 (E) SPIN Report – September 22, 2008 Case No. ZA08-044 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-577 for Commission and Council Members Only ( I ) Full Size Plans () STAFF CONTACT: Ken Baker (817)748-8067 Clayton Comstock (817)748-8269 Case No. ZA08-044 BACKGROUND INFORMATION OWNER: NADO LTD. APPLICANT: Blake Architects PROPERTY SITUATION: 2580 and 2530 W. Southlake Boulevard LEGAL DESCRIPTION: Tracts 2C14 and 2C15, J.G. Allen Survey, Abstract No. 18 CURRENT ZONING: SF-1A Single Family Residential District REQUESTED ZONING: S-P-1 Detailed Site Plan District HISTORY: A Zoning Change for “SF-1A” Single Family Residential was approved for the Jellico Estates area in 1973. There is no further development history on this property. SOUTHLAKE 2025 PLAN: Consolidated Land Use Plan Low Density Residential – A category for single-family detached residential development at a density of one or fewer dwelling units per acre. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Davis Blvd /FM 1938 Corridor Plan Davis Boulevard/F.M. 1938 Corridor Plan The recommends a transition from higher intensity retail and office uses near the Southlake Boulevard and F.M. 1938 intersection to lower intensity office and residential uses adjacent to Jellico Estates. Although the land use designation of the subject site is Davis Boulevard/F.M. 1938 Corridor Plan Low Density Residential, the notes that property immediately adjacent to F.M. 1709 may not be suitable for single family residential development. Davis Boulevard/F.M. 1938 Corridor Plan In addition, the recommends master planning this site with the property to the east, which is the future River Oaks Plan development. The also recommends providing connectivity between the properties. The applicant is proposing a drive that will connect to the River Oaks development as well as a sidewalk that will allow pedestrians to flow between the two office developments. A driveway stub is also proposed on the western property boundary for future connectivity. Environmental Resource Protection Plan Although this site does not have any specific tree cover/open space Environmental Resource Protection Map preservation areas as shown on the , Environmental there are several trees scattered across the property. The Resource Protection Plan recommends the preservation of trees whenever feasible. The applicant’s Tree Conservation Plan indicates that approximately 30% of the existing tree coverage may be preserved. Case No. Attachment A ZA08-044 Page 1 Pathways Plan & Sidewalk Plan There is an existing 8 ft. sidewalk along a majority of this property’s Southlake Boulevard frontage. The sidewalk does not extend the entire length due to the planned construction of a deceleration lane by TXDOT. This missing sidewalk segment will be constructed in conjunction with the deceleration lane project. Sidewalk Plan Per the , a through-pedestrian zone designated by pavement markings, pavers, or other distinctions is recommended across the entry drive. TREE PRESERVATION: The applicant has proposed to preserve approximately 30% of existing tree cover; however many of the trees that are shown to be “marginal” are within close proximity of grade changes, driveway curbs, parking stalls, or buildings and their preservation is questionable. There are some high quality post oak trees located on the western portion of the site that would be worth saving but would require significant redesign of the site to accomplish this. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan & Median Plan Master Thoroughfare Plan Southlake’s calls for W. Southlake Boulevard (FM 1709) to be a multi-lane TXDOT roadway requiring 130 feet of right-of-way. No additional right-of-way is required to be dedicated by these properties at this time. Median Plan Urban Design Plan The componentof Southlake’s recommends a landscaped median in Southlake Blvd with no median break/opening at this location. Access to a controlled intersection will be possible through an internal driveway connection to the east. Case No. Attachment A ZA08-044 Page 2 TXDOT has a deceleration lane planned for Jellico Circle East just west of this property. Existing Area Road Network and Conditions The development has approximately 400-feet of frontage along Southlake Boulevard (FM 1709), a five-lane TXDOT roadway with little to no shoulder. The development is proposing to be serviced by a single driveway onto Southlake Blvd as well as a future connection to River Oaks Drive through the River Oaks development to the east. A driveway stub to the western property boundary is also proposed for future connectivity. May 2008 traffic counts on W. Southlake Blvd (FM1709) between Davis Blvd (FM1938) and Pearson Ln East Bound West Bound 24hr 22,75820,943 AM Peak 2,811994 (7:15AM – 8:15AM) (11:15PM – 12:15PM) PM Peak 1,4512,476 (4:45PM – 5:45PM) (5:30PM – 6:30PM) Traffic Impact: Calculated Trip Ends AM PEAK PM PEAK HOUR HOUR Use Units Vtpd* IN OUT IN OUT Medical-Dental 28,570 sq ft 953 56 15 26 72 Office (720) th *Vehicle Trips Per Day based on ITE’s Trip Generation Manual, 6 Edition. **The AM/PM times represent the estimated number of vehicle trips generated during the peak travel times on Southlake Blvd. SPIN: A city-wide SPIN meeting was held for this development on September 22, 2008. A summary of that meeting is included in Attachment D of this report. P&Z ACTION: November 6, 2008; Approved (6-1); approving the variance for the minimum distance to an intersection along a roadway; requiring that a stub for cross- connectivity access to property to the west; requiring the applicant to provide a revised landscape plan for placing evergreen coverage on the north west corner of the property; and subject to Site Plan Review Summary No. 5, dated October 31, 2008 STAFF COMMENTS: The applicant has submitted revised plans that reflect the recommendations of the Planning and Zoning Commission. Those plans have been reviewed and are the subject of the attached Revised Site Plan Review Summary No. 6, dated December 2, 2008. L:\Meetings\City Council\2008-12-02 CC Meeting\Item 7A.doc Case No. Attachment A ZA08-044 Page 3 Case No. Attachment B ZA08-044 Page 1 SITE PLAN Case No. Attachment C ZA08-044 Page 1 SITE PLAN ENGLARGEMENT Case No. Attachment C ZA08-044 Page 2 S-P-1 DEVELOPMENT REGULATIONS November 3, 2008 City of Southlake Planning Department Reference: Regent’s Professional Park W. Southlake Blvd. Southlake, Texas 76092 Site Plan ZA-08-044 Proposed Permitted Uses and Development Regulations for “SP-1” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “O-1” Office District of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “O-1” Office District and all other applicable development regulations within the City of Southlake with the following exceptions/modifications: 1.An overall parking ratio of 1 space per 173 square feet of building area shall be used in calculating required parking for the entire site. As each lot develops individually, the appropriate number of parking spaces – either off-sit or on-site will be constructed so that each building provides the required 1:173 ratio. 2.Fencing and screening along the northern and western property lines will be 6’ wrought iron with masonry columns placed twenty-six (26’) on center. 3.Bufferyards along interior lot lines shall not be required for this development. 4.Rear yard, side yard, and front yard setbacks will be allowed as shown on the Site Plan, except that the minimum setback along Southlake Blvd. (FM 1709) shall remain fifty feet (50’) and the minimum setback adjacent to single-family residential property shall remain twenty-five feet (25’). Case No. Attachment C ZA08-044 Page 3 5.The maximum impervious coverage for any individual lot shall not exceed seventy-six percent (76%) nor shall the impervious coverage for the entire development exceed sixty-five percent (65%). 6.One (1) loading space shall be required for the entire development. 7.The minimum preservation of existing tree canopy coverage shall be forty percent (30%). Lot 6 (Detention Pond / Open Space) shall be owned and maintained by and through a Property Owners Association. Case No. Attachment C ZA08-044 Page 4 For Additional Exhibits, please view the POWERPOINT PRESENTATION for this item by clicking the above link. Case No. Attachment C ZA08-044 Page 5 SITE PLAN REVIEW SUMMARY ZA08-044SIX12/02/08 Case No.: Review No.: Date of Review: Site Plan Project Name: – Regent’s Professional Park APPLICANT: ARCHITECT: Nado I LLC Blake Architects 500 Throckmorton; Ste 2706 1202 S. White Chapel Blvd Fort Worth, TX Southlake, TX 76092 P: (817)281-8595 P: (817)488-9397 E: blakearch@verizon.net 10/09/08 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 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 CLAYTON COMSTOCK AT (817) 748-8269 CLARIFICATION, PLEASE CONTACT . 1. The following comments are in regard to site plan labeling and site design: a. If grading permits, provide a sidewalk connection from the westernmost internal sidewalk to the 8’ trail along Southlake Blvd. b. Extend the sidewalks along the fire lane to the eastern property line to connect to the River Oaks development. c. An 8-foot sidewalk/trail is required along this property’s entire Southlake Blvd frontage. Any damage to existing sidewalks as a result of site development will have to be repaired or replaced by the developer and/or builder. d. Landscape Plan: i. trees are required in all landscape islands. No trees appear to be proposed in the landscape island on the east side of building E and the south side of building D. ii. With the removal of the trees in the southeast corner of the property (per Staff’s recommendation), revise the tree credits calculations and plant the appropriate number and type of landscaping in that area. 2. Add a regulation to the S-P-1 development regulations that front yard setbacks along Southlake Blvd may be reduced equal to the width of any required ROW dedication should a deceleration lane be required for this development by TXDOT. 3. It should be noted that the proposed parking ratio of 1 space per 171 square feet is not consistent with the individual lot parking calculations as presented in the Site Data Summary Chart. Per the proposed SP1 Zoning Regulations, however, each lot will be required to meet the 1:171 ratio until the development is completed. 4. Prior to issuance of a building permit, a Property Owners Association (POA) document must be created and placed on file with the City of Soutlake. This document must address a reciprocal parking agreement as well as ownership and maintenance of trash enclosures, fire lanes, detention areas, open spaces, landscaping, etc. Urban Design Plan * The provides guidance for retaining wall design and trail amenities along Southlake Boulevard. Any proposed changes to the existing retaining wall or any proposed trail amenities should Plan follow the design guidelines of the . Case No. Attachment D ZA08-044 Page 1 * Proposed lot lines are unclear however are not part of this review. Upon submittal of a preliminary plat or plat showing, applicant should reconsider the shape of lots and configuration of lot lines. * Before building permits may be issued for this property, the property must be platted; however, platting is not a requirement for zoning and site plan approval. Applicant may consider providing application, fees, and plans for a multiple-lot plat showing or a preliminary plat. Fire lanes and common drives should be located within common access easements and detention ponds should be located within drainage easements. * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment LANDSCAPE ADMINSTRATOR COMMENTS CONTACT: KEITH MARTIN – (817)748-8229; kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Some of the existing trees proposed to be preserved have parking lot curbs and sidewalks proposed through them and grade changes that would considerably alter the critical root zone area of the trees. Please ensure that all trees proposed to be preserved have sufficient critical root zone area preserved to maintain their mass and that meets the requirements of the Tree Preservation Ordinance. To preserve some of the trees it may be necessary to combine some of the parking lot landscape medians to provide enough area to properly preserve the trees. In order to do this the following requirements must be adhered to and there must be no grade proposed around the trees. Existing Trees: The Landscape Administrator may approve variations to the planter island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter island shall be as follows: Tree Size Min. Island Width Min. Dist. Tree to Curb 6" - 12" DBH = 12' minimum width 4’ Greater than 12" DBH = 18' minimum width 8’ Case No. Attachment D ZA08-044 Page 2 * 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 PLAN: * The applicant is proposing to take existing tree credits for existing tree proposed to be preserved on the site. 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 by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. # Denotes required items * Denotes information comments ENGINEERING COMMENTS CONTACT: MICHELLE MCCULLOUGH – (817)748-8274 GENERAL COMMENTS: * Use the City of Southlake GPS monuments whenever possible. EASEMENTS: * Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. * Coordination with the property owner to the east to obtain the proposed offsite easements will be responsibility of the developer/owner of this development prior to construction. * Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER COMMENTS: * The minimum size for public water lines is 8”. * For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet apart, or 600 linear feet if buildings are sprinklered. * Water lines cannot cross property lines without being in an easement or ROW. * There is an existing 12 inch diameter waterline that was constructed with the River Oaks Development located to the east of this property to serve this development. There is also an existing 20 inch diameter water line located on the south side of this development. SANITARY SEWER COMMENTS: * The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public sanitary system line that is built to City standards. * The sanitary sewer should not need to be extended to adjacent properties, therefore can be private within the development unless there are plans to subdivide this property now or anytime in the future. * There is no sewer available to this development located on Southlake Blvd. * All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. The difference between pre and post development runoff shall be captured in the detention pond(s). The proposed detention ponds shall control the discharge of the 5, 10 and 100 year storm events. Case No. Attachment D ZA08-044 Page 3 Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of the detention pond. 2. Verify that the size, shape, and/or location of the detention pond, as depicted on the site/concept/development plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. 3. An easement will be needed from the River Oaks development. 4. A note should be added to the final plat and construction plans that the owner(s) of the property shall maintain the detention ponds. * Provide a construction entrance with 3-4” size rock. * The drainage from this development is generally to the east and then a portion flows to the north and south. There is an existing storm sewer pipe located in Southlake Blvd to serve this development. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. * An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM 1938 or SH 114. Submit application and plans directly to TxDOT for review. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer’s 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. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. Case No. Attachment D ZA08-044 Page 4 SPIN MEETING REPORT CASE NO. ZA08-044 PROJECT NAME: Regents Park SPIN DISTRICT: # 15 / Citywide MEETING DATE: September 22, 2008 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Seven (7)  SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain, SPIN # 9e, Tom Corradino, SPIN #15  APPLICANT(S) PRESENTING: Skip Blake, Blake Architects; Derek DeGuire and Doug Chandler, DEMA Partners, L.P. (Developers)  STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us EXECUTIVE SUMMARY Property Location The project is located in the 2500 block of W. Southlake Boulevard just east of Jellico Circle. Development Details  The zoning change and site plan proposes six (6) lots to include five (5), 6,000 square foot medical office buildings and one dry detention pond area.  Current zoning is SF-1A Single Family Residential District and the applicant is proposing an S-P-1 Detailed Site Plan District. QUESTIONS & COMMENTS  There were no formal questions or concerns. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment E ZA08-044 Page 1 Surrounding Property Owners Regent’s Park SPO # Owner Zoning Land Use Acreage 1. Public / Semi-Public Southlake Church Of Christ CS 9.82 2. Low Density Residential O'Leary, Patrick M SF1-A 2.27 3. Low Density Residential Quintero, Agustin Etux Bianca SF1-A 1.92 4. Low Density Residential Bonola Family Ltd Prtnshp SF1-A 1.78 5. Low Density Residential Realty Capital River Oaks Ltd SP2 1.15 6. Low Density Residential Realty Capital River Oaks Ltd SP2 0.83 7. Low Density Residential Realty Capital River Oaks Ltd SP2 0.84 8. Low Density Residential Realty Capital River Oaks Ltd SP2 0.61 9. Low Density Residential Nado I Llc SF1-A 1.71 10. Low Density Residential Nado I Llc SF1-A 1.92 11. Medium Density Residential Wiesman, E I AG 0.88 12. Medium Density Residential Wiesman, E I AG 13.19 Case No. Attachment F ZA08-044 Page 1 Surrounding Property Owner Responses Regent’s Park Notices Sent: Seven (7) Responses Received: Two (2); see attached. Case No. Attachment G ZA08-044 Page 1 Case No. Attachment G ZA08-044 Page 2 Case No. Attachment G ZA08-044 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-577 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 TRACTS 2C14 AND 2C15 JESSIE G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.54 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL 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 “SF-1A” Single Family Residential District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment H ZA08-044 Page 1 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 ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there 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 Case No. Attachment H ZA08-044 Page 2 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 legally described as Tracts 2C14 and 2C15, Jessie G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas, being approximately 3.54 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential 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: Case No. Attachment H ZA08-044 Page 3 1. Reserved for final City Council motion / 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. SECTION 5. Case No. Attachment H ZA08-044 Page 4 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. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a Case No. Attachment H ZA08-044 Page 5 public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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 _________, 2008. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment H ZA08-044 Page 6 PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA08-044 Page 7 EXHIBIT “A” Being legally described as Tracts 2C14 and 2C15, Jessie G. Allen Survey, Abstract No. 18, being approximately 3.54 acres, and more fully and completely described as follows: Reserved for Metes & Bounds Description Case No. Attachment H ZA08-044 Page 8 EXHIBIT “B” Reserved for approved site plan and development regulations. Case No. Attachment H ZA08-044 Page 9