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Item 6A Department of Planning & Development Services S T A F F R E P O R T January 13, 2010 CASE NO:ZA09-059 PROJECT:Zoning Change and Site Plan for Invitation Park REQUEST: Visions Southwest is requesting approval of a zoning change and site plan to revise the currently approved “S-P-1” zoning and site plan which proposed two phases of office development totaling 90,000 square feet, north of the proposed Zena Rucker Road and South of E. Southlake Boulevard between S. Carroll Avenue and Byron Nelson Parkway. The currently approved plans allow for three story “brownstone” style office buildings intended for general/professional office and medical office uses. The proposed revision will change the most northeast building (Building 3) to a Nursing College use and building and two most southern office buildings (Previously Buildings 5 & 6, now Building 5) to a 90 bed personal care/assisted living facility. The revised buildings are also three story and do not deviate from the architectural style of the previously approved buildings. Both phases combined of this revised development will total to approximately 116,400 square feet, increasing in size from the previously approved 90,000 square feet total. The revised "S-P-1" zoning will follow the currently approved zoning allowing “C-3” uses and regulations with the following exceptions: Permitted Uses  Offices of a business and/or professional nature providing services not including fabrication, manufacture, or production of goods;  Any use permitted in the “O-1” Office District;  Duplicating services, printing, lithographing, mimeographing, multi-graphing and offset printing, providing that the floor area does not exceed 2,000 square feet;  Financial institutions;  Health service facilities to include clinics, offices of dentists, doctors, and other practitioners of healing arts, licensed or similarly recognized under the laws of the state of Texas; offices for specialists and supporting health service fields, such as physical, audio and speech therapy, podiatry, and psychological testing and counseling; dental, medical, and optical laboratories;  Under parking shall be permitted accessory as shown on the attached site plan.  Personal Care Facilities as described in the attached S-P-1 zoning letter and site plan;  Nursing College as described in the attached S-P-1 zoning letter and site plan; Development Regulations  Bufferyards and setbacks along internal lot lines shall be as shown on the site Case No. ZA09-059 plan;  All phases of development shall be similar in design and construction;  Minimum separate building size = 2,000 square feet  Side yard setback = 15 feet  Maximum building height as shown on approved elevation plans.  Parking requirements shall be based on building use and as specified in the attached S-P-1 zoning letter and site plan; The following variances are being requested:  Driveway stacking – The required minimum driveway stacking for this development is 150 feet. (Driveway Ord. No. 634, Section 5.2.d.) The following are proposed: - Driveway ‘A’ ±58 - Driveway ‘D’ ±18 feet - Driveway ‘E’ ±75 feet To comply with driveway spacing regulations, Driveway ‘C’ will be removed and the Common Access Driveway ‘A’ will provide access in lieu of Driveway ‘C’ until completion of Driveway ‘B’ (Future Street). Upon completion of Driveway ‘B’, Driveway ‘A’ will be closed and eliminated by the property owner. Primary access to the property will then be through Driveways ‘B’, ‘D’ and ‘E’. The City Council approved this item on December 15, 2009 subject to the applicant providing the additional information or changes before the next scheduled meeting. The following is a list showing the status of each item requested: To be provided before the 1) Program information on the Assisted Living Facility; meeting. 2) Location and phasing of sidewalks to be constructed, both exterior and All sidewalks will be constructed with Phase 1 interior; 3) The number of employees for an Assisted Living Facility, for this facility and To be provided before the meeting other typical facilities; 4) Exterior Material sample board for the Assistant Living Facility and Nursing To be provided before the meeting School; To be provided 5) Market Information on the proposed Assisted Living Facility; before the meeting 6) Provided. Landscaping Plan Comparison; 7) Information on the Assisted Living Operator – City Council has also requested nd To be for a representative from the company present at the 2 Reading; provided before the meeting 8) Provide additional open space or park space for the residents of the Assisted Approximately 6,500 square feet of additional open space has Living Facility; been provided through reconfiguration of the parking and driveway south of Building 5 and elimination of one-half of the area of Building 2. Case No. ZA09-059 9) Parking AnalysisNo parking Provide more details on parking demand (); analysis has been provide yet. Additional parking has been made available through elimination of approximately one-half of the floor area of Building 2 shown in Phase 2. Also, the parking ratio of the Nursing School has changed from 1 space per 3 students to 1 space per 1.5 students, which increases the required nursing college parking from the 26 spaces to 39 spaces. 10) Type of security system planned to be utilized at the Assistant Living Facility. To be provided before the meeting. To be provided before the meeting. 11) Details of the proposed courtyard; 12) And a copy of the agreement with Ms. Rucker if executed prior to the next To be provided if executed before the meeting. scheduled meeting. ACTION NEEDED:1) Conduct Public Hearing nd 2) Consider 2 Reading Site Plan and Zoning Change Approval Request ATTACHMENTS:(A) Background Information (B) Vicinity Map (C) Plans and Support Information - Link to PowerPoint Presentation (D)Site Plan Review Summary No. 4, dated January 13, 2010 (E) Surrounding Property Owners Map (F) Ordinance No. 480-549a (G) for Commission and Council Members Only Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Case No. ZA09-059 BACKGROUND INFORMATION OWNER/APPLICANT: Visions Southwest PROPERTY SITUATION: 821 & 835 E. Southlake Boulevard LEGAL DESCRIPTION: Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: The structures on the property were built around 1960 (Source: TAD) The “C-3” General Commercial Zoning District designation was assigned to the properties with the adoption of Zoning Ordinance 480 in 1989. Planning Case ZA07-124 A Zoning Change & Site Plan under and a Planning Case ZA07-125 Preliminary Plat under were approved February 19, 2008 by City Council to develop approximately 90,000 square feet of professional office space and change the Zoning from “C-3” General Commercial Zoning District to “S-P-1” Detailed Site Plan District. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right-of-way. Adequate right-of-way exists for this road. Existing Area Road Network and Conditions The proposed site will have one (1) access directly onto East Southlake Boulevard. The drive is proposed to be a full-access drive; however, the applicant proposes to close the Southlake Blvd drive once the property to the east is developed. Common access easements are also proposed to provide access to both the east and west. East Southlake Boulevard is a seven lane, undivided thoroughfare with a continuous, two-way, center left turn lane. April - May, 2009 traffic counts on E. Southlake Blvd (between Byron Nelson Pkwy & Carroll Ave) 24hr 24,495)25,363 West Bound (WB) ( East Bound (EB) () WB 1,2922,754 Peak A.M. () 11:15 – 12:15 Peak P.M. () 5:15 – 6:15 EB 2,6331,813 Peak A.M. () 7:30 – 8:30 Peak P.M. () 3:15 – 4:15 The City of Southlake has recently undergone a study to determine the location and design for medians along Southlake Boulevard. A median opening with the potential for a traffic signal is proposed in the area of the site. Case No. Attachment A ZA09-059 Page 1 Traffic Impact Previous Plan Use Sq. Ft. Vtpd* AM-IN AM-PM-PM- OUT IN OUT General Office 92,138 1,014 126 17 23 114 Revised Plan Use Sq. Ft. Vtpd* AM-IN AM-PM-PM- OUT IN OUT General Office 40,140 442 56 8 10 50 Jr./Community 20,000 550 44 16 30 21 College Personal 90 239 8 5 9 11 Care/Assisted Living Beds Total 1231 108 29 49 82 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard. The revised Traffic Impact Analysis was reviewed by the City Engineer and staff accepts the conclusions drawn from this analysis as provided in the link below. Link to Traffic Impact Analysis PATHWAYS MASTER PLAN: A minimum 8’ wide multi-use trail is required along East Southlake Boulevard and 5’ sidewalks are required along all adjacent public streets. Sidewalks The applicant has indicated on the revised site plan that all sidewalks both on the interior of the lot and on the perimeter of the lot will be built during Phase I, the construction of which would be the Nursing College and Assisted Living Center. Case No. Attachment A ZA09-059 Page 2 WATER & SEWER: A 12-inch water line exists along the north side of East Southlake Boulevard. A 6-inch sanitary sewer line also exists along the north side of E. Southlake Boulevard. DRAINAGE ANALYSIS: No comments TREE PRESERVATION: There are some trees shown to be preserved along the perimeter of the property. All but two trees in the center of the project are expected to be removed. Given that this is an S-P-1 zoning request, the tree conservation plan is subject to City Council approval. SOUTHLAKE 2025: The land use designation is Office Commercial and the proposed development is consistent with this designation. PLANNING & ZONING COMMISSION ACTION: November 19, 2009; Approved (6-0) to table until December 3, 2009 Planning and Zoning Commission meeting. December 3, 2009; Approved (5-0) granting the variances to driveway spacing and stacking as presented; also striking language in the permitted uses from colleges and junior colleges and other similar institutions making the permitted use for a nursing college, public or private, providing that the floor area not exceed fifty-thousand (50,000) square feet; noting the Applicants willingness to review the northwest corner of the property tree planting and the feasibility of widening the sidewalk for tree canopy addition on the western side of the south side of the nursing facility as presented in the presentation; subject to the applicants presentation during the meeting; and subject Staff Review Summary No. 2, dated December 3, 2009. CITY COUNCIL ACTION: December 15, 2009; Approved (5-1) granting the requested variances; subject to staff’s presentation and the presentation and representations made by the applicant; subject to and understanding that by the next reading, the applicant has indicated they will have an agreement in place with Ms. Rucker; stating that the applicant has agreed to specifically respond to a number of questions and requests made by various City Council members and understanding that they will have to be accomplished prior to the second reading and those items will need to be responded to in order to achieve approval on second reading; and subject to Site Plan Review Summary No. 3, dated December 10, 2009. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated January 13, 2010. The currently approved zoning and site plan is subject to the following conditions. No change to these conditions is proposed with the current proposal. It is the intent that this site be subject to all previous conditions of approval accept as specifically otherwise approved by the City Council following a recommendation from the Planning and Zoning Commission. P&Z ACTION: January 17, 2008; Approved (6-1) subject to Site Plan Review Summary No. 3, dated January 11, 2008, approving the requested driveway stacking variance, and subject to the following:  The north driveway onto F.M. 1709 will be closed upon the completion of the north-south road to the immediate east of the site; Case No. Attachment A ZA09-059 Page 3  The 12 parking spaces along the eastern driveway will be removed upon the completion of the north-south road to the immediate east of the site;  Acknowledging the preservation of the access easement to the AG zoned property to the south;  Accommodating the round-about (at the intersection of Rucker Road and the proposed north-south road to the east of the site);  And, the applicant will work with staff on urban design elements, including the clock tower. COUNCIL ACTION: February 5, 2008; Approved first reading (7-0) subject to Site Plan Review Summary No. 3, dated January 11, 2008; granting the requested variances; subject to the recommendations of the Planning and Zoning Commission; top roof caps are not yellow but copper colored; and, subject to applicant’s representations and agreement this evening. COUNCIL ACTION: February 19, 2008; Approved (7-0) subject to Council approval on first reading; subject to applicant’s presentation tonight; subject to Site Plan Review Summary No. 4, dated February 13, 2008; and subject to the following comments from the city attorney: Approval of this S-P-1 zoning proposal is conditioned on and inclusive of the private development agreement entered into and between VSS and Zena Rucker relating to the location of Zena Rucker Road and the construction, financing and financing responsibilities of Zena Rucker Road as it lies contiguous with property owned or developed by VSS. The zoning is conditioned upon the implementation of that agreement and the terms of that agreement have dictated the location of the road right-of-way. Further noting that future phases of the VSS Invitation Project would be conditioned upon the implementation and compliance with this private development agreement between the two parties. This agreement should lock down the road location, the commitment to the location, and the financing that specifies who will be responsible for each element. We would ask that the private development agreement be included as an exhibit to the S-P-1 zoning ordinance so that it be a matter of public record reflecting the agreement of the parties and will serve as the performance measure for future phases of this project now pending before the Council. This should be included with the S-P-1 zoning approval and not the plat action because the plat area does not include all of the area subject to the agreement, but the zoning would control the VSS options for future phases. The State of Texas Administrative Code defines Assisted Living Facilities and the varying types as follows: HEALTH AND SAFETY CODE TITLE 4. HEALTH FACILITIES SUBTITLE B. LICENSING OF HEALTH FACILITIES CHAPTER 247. ASSISTED LIVING FACILITIES SUBCHAPTER A. GENERAL PROVISIONS Sec. 247.002. DEFINITIONS. In this chapter: (1) "Assisted living facility" means an establishment that: (A) furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and (B) provides personal care services. Case No. Attachment A ZA09-059 Page 4 (5) "Personal care services" means: (A) assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; (B) the administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or (C) general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living facility or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. Texas Administrative Code TITLE 40 SOCIAL SERVICES AND ASSISTANCE PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES CHAPTER 92 LICENSING STANDARDS FOR ASSISTED LVING FACILITES SUBCHAPTER A INTRODUCTION RULE §92.3 Types of Assisted Living Facilities (a) Basis for licensure type. An assisted living facility must be licensed as a Type A, Type B, Type C, or Type E facility. A facility's licensure type is based on the capability of the residents to evacuate the facility or the types of services the facility provides, or both, as described in this section. (b) Type A. In a Type A facility, a resident: (1) must be physically and mentally capable of evacuating the facility without physical assistance from staff, which may include an individual who is mobile, although non- ambulatory, such as an individual who uses a wheelchair or an electric cart, and has the capacity to transfer and evacuate himself or herself in an emergency; (2) does not require routine attendance during nighttime sleeping hours; and (3) must be capable of following directions under emergency conditions. (4) must be able to demonstrate to DADS that they can meet the evacuation requirements described in §92.62(b) of this chapter. (c) Type B. In a Type B facility, a resident may: (1) require staff assistance to evacuate; (2) require attendance during nighttime sleeping hours; (3) be incapable of following directions under emergency conditions; and (4) require assistance in transferring to and from a wheelchair, but must not be permanently bedfast. (d) Type C. A Type C facility is a four-bed facility that: (1) has an active contract with DADS to provide adult foster care services as described in Chapter 48, Subchapter K of this title (relating to Minimum Standards for Adult Foster Care); and (2) must be contracted with DADS to provide adult foster care services before it can be licensed. (e) Type E. (1) In a Type E facility, a resident: (A) must be physically and mentally capable of evacuating the facility without physical assistance from staff, which may include an individual who is mobile, although non-ambulatory, such as an individual who uses a wheelchair or an electric cart and has the capacity to transfer and evacuate himself or herself in an emergency; (B) must not require routine attendance during nighttime sleeping hours; (C) must be capable of following directions under emergency conditions; and (D) must be able to demonstrate to DADS that they can meet the evacuation requirements described in §92.72(b) of this chapter. (2) Notwithstanding any other provision in this chapter, a Type E facility: (A) provides only: Case No. Attachment A ZA09-059 Page 5 (i) medication supervision, in accordance with Texas Health and Safety Code, §247.002(5)(B); and (ii) general supervision of residents' welfare, in accordance with Texas Health and Safety Code §247.002(5)(C); and (B) must not provide substantial assistance with the activities of daily living, as described by Texas Health and Safety Code §247.002(5)(A) (assistance with meals, dressing, movement, bathing, or other personal needs or maintenance). N:\Community Development\MEMO\2009cases\059 - ZSP - Invitation Park\Staff Report Case No. Attachment A ZA09-059 Page 6 Case No. Attachment B ZA09-059 Page 1 LINK TO POWER POINT PRESENTATION Case No. Attachment C ZA09-059 Page 1 Case No. Attachment C ZA09-059 Page 2 Case No. Attachment C ZA09-059 Page 3 SITE PLAN REVIEW SUMMARY ZA09-059Four1/13/10 Case No.: Review No.: Date of Review: Zoning & Site Plan for Invitation Park Project Name: APPLICANT: ARCHITECT: Marco Martinez, Vision Southwest Silverlake Karen Thrasher, T Howard + Associates 215 W College St., Grapevine, TX 1506 W. Griffin St., Dallas, TX mmartinez@visions-southwest.com kthrasher@thaarch.com Phone: (817) 410-5100 Phone: (214) 522-1100 Fax: (817) 410-5171 Fax: (214) 522-5623 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/11/10 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 DENNIS KILLOUGH AT (817) 748-8072 OR DANIEL CORTEZ AT (817) 748-8070. 1. Label adjacent properties and properties across adjoining R.O.W.'s with zoning. 2. Update the site data summary and labels on the plan to address changes in building footprints, floor area open space, impervious coverage area/percentage, provide floor area of each building, etc. Also, a portion of the footprint of building 2 is still shown and includes the previous footprint area. 3. Correct the parking regulation for the assisted living/personnel care facility to match the site plan which shows 1 space per bed. 4. The following changes are needed in the landscape plan: a. Correct the bufferyard lengths shown in the bufferyard chart on the landscape plan. b. Correct the discrepancy in the building footprint area between the landscape plan and site plan. c. Landscape islands must generally be a minimum of 12 feet on width. An island located south of Building 4 is approximately 7 feet wide. 5. The following changes are needed regarding driveways and streets: a. (A Variance is The proposed driveway(s) do not meet the minimum 150’ stacking depth. being requested for this requirement) The following are proposed: i. Driveway ‘A’ ±58 feet ii. Driveway ‘D’ ±18 feet iii. Driveway ‘E’ ±75 feet b. All driveways must meet the minimum spacing requirements in accordance with the TxDOT and the City’s Driveway Ordinance No. 634, as amended. A future street (Driveway ‘B’) along the east boundary of this property has been approved by the City as part of the Site Plan and Preliminary Plat on the adjacent property to the east. To comply with driveway spacing regulations, Driveway ‘C’ will be removed and the Common Access Driveway ‘A’ will provide access in lieu of Driveway ‘C’ until completion of Driveway ‘B’ Case No. Attachment D ZA09-059 Page 1 (Future Street). Upon completion of Driveway ‘B’, Driveway ‘A’ will be closed and eliminated by the property owner. c. Show the driveway located on the north side of E. Southlake Boulevard across from Driveway ‘B’ d. Ensure that the alignment of Zena Rucker Rd. can be accommodated through the adjoining tracts and at its east and west terminus. e. Note on the plan the timing at which Zena Rucker Road would be constructed and provide a copy of the most current agreement with the adjacent property owner(s). f. Show & provide a minimum 12 feet wide ROW dedication for the stacking area of the deceleration lane and ROW dedication following the transition for the full length of the deceleration lane to the east boundary of this property (west boundary ROW boundary of Driveway B).with transition. Adjust any site data or regulations affected by the ROW dedication. * Deceleration lane must comply TXDOT standards. INFORMATIONAL COMMENT * 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. * All mechanical equipment must be screened of view 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. * Please be aware that medians are planned to be installed along Southlake Boulevard in the near future. A full opening is planned at Driveway ‘B’ and the existing driveway directly across from Driveway ‘B’ on the north side of E. Southlake Boulevard. See median plan insert shown in Attachment A, Page 2 of this report. Driveway ‘A’ will be a limited access driveway upon completion of the medians. * 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. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Please be aware that the sign exhibit provided does not comply with current sign regulations. * 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. Case No. Attachment D ZA09-059 Page 2 * A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction of any off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * A minimum 5’ sidewalk is required adjacent to all streets where a trail is not planned. The required sidewalks need to be provided along the approved and/or dedicated street ROW with development of this property. The sidewalks located along the east and south are noted to be provided with the construction of the adjoining phase. * Denotes Informational Comment Case No. Attachment D ZA09-059 Page 3 Surrounding Property Owners Invitation Park SPO # Owner Zoning Land Use Acreage Response 1. Southlake-Foxborough Ltd SF20A Medium Density Residential 1.31 NR 2. Kiani, Hamid Etux Rashin SF20A Medium Density Residential 0.64 NR 3. East Southlake #1 Ltd SP1 Office Commercial 1.87 NR 4. East Southlake #2 Ltd SP1 Office Commercial 2.39 NR Office Commercial 5. Mendez Ltd AG 5.41 NR Medium Density Residential 6. Vision SW Silverlake Llc S-P-1 Office Commercial 0.55 NR 7. Vision SW Silverlake Llc S-P-1 Office Commercial 2.82 NR Rucker, William W Est & 8. AG Office Commercial 6.70 NR Zena Office Commercial 9. Vision SW Silverlake Llc S-P-1 & AG 4.22 NR Medium Density Residential Rucker, William Est & Zena 10. AG Medium Density Residential 4.24 NR Tr Office Commercial 11. Rcp Southlake Blvd #2, Ltd S-P-2 16.34 NR Medium Density Residential Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eleven (11) Responses Received: None (0) Case No. Attachment E ZA09-059 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-549a 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 ASTRACTS 3B & 3B01, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN 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 “S-P-1” DETAILED SITE PLAN DISTRICT under the City’s Comprehensive Zoning Ordinance; and Case No. Attachment E ZA09-059 Page 2 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 Case No. Attachment E ZA09-059 Page 3 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,Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 and being approximately 5.84 acres, and more fully and completely described in exhibit “A” from “S-P-1” detailed site plan district to “S-P- Case No. Attachment E ZA09-059 Page 4 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 specific 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 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 Case No. Attachment E ZA09-059 Page 5 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 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. Case No. Attachment E ZA09-059 Page 6 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 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. th PASSED AND APPROVED on the 1st reading the 15 day of December, 2009. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY th PASSED AND APPROVED on the 2nd reading the - day of January, 2010. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA09-059 Page 7 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA09-059 Page 8 EXHIBIT “A” Being Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 and being approximately 5.84 acres and more fully described by metes and bounds as follows: Case No. Attachment E ZA09-059 Page 9 EXHIBIT “B” Case No. Attachment E ZA09-059 Page 10