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Item 7ACity of Southlake Department of Planning & Development Services S T A F F R E P O R T October 31, 2007 ZA07-108 CASE NO: Zoning Change and Concept Plan/Site Plan for Calloway’s Nursery PROJECT: REQUEST: Calloway’s Nursery, Inc. is requesting approval of a zoning change and concept plan/site plan from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with “O-1” Office District Uses to include “retail nursery” as a permitted use on proposed Lot 12R. The plan proposes a retail nursery of approximately 5,392 square feet and a general office building of approximately 12,000 square feet on two (2) lots totaling approximately 6.14 acres. The applicant plans to construct the nursery building on proposed Lot 12R at this time. The office building will require a revised site plan to be approved by City Council after recommendation by the Planning & Zoning Commission prior to construction. The “S-P-2” regulations for development propose the following:  “O-1” Office District uses and development regulations to include “retail nursery” as a permitted use on proposed Lot 12R;  The maximum impervious coverage shall not exceed seventy percent (70%) of the total lot area for proposed Lot 12R;  The total required parking for proposed Lot 12R shall be 85 spaces;  The natural tree cover shall be permitted in lieu of the required 8-foot screening device adjacent to single family residential property for proposed Lot 13R. The following variance is requested:  Driveway Spacing: A minimum of 100 feet is required from the centerline of the north drive to the street R.O.W. intersection for E. Southlake Boulevard. The applicant is proposing a distance of 92 feet. (Driveway Ord. No. 634, Section 5.1) The land use designation is ‘Office Commercial’. Although retail nursery uses are not consistent with this designation, a site specific recommendation may be made to allow limited low intensity retail uses on this site. The applicant has submitted a letter (attached) outlining justifications for the proposed retail use at this site. Case No. ZA07-108 Consider first reading for a zoning change and concept plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 2, dated October 12, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Meeting Summary Report (H) Ordinance No. 480-535 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA07-108 BACKGROUND INFORMATION OWNER: Calloway’s Nursery, Inc. APPLICANT: Wise Asset No. 9, Ltd. PROPERTY SITUATION: 100, 200, & 300 Parkwood Drive LEGAL DESCRIPTION: Lots 12-14, O.W. Knight, No. 899 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-2” Generalized Site Plan District REQUESTED ZONING: “S-P-2” Generalized Site Plan District HISTORY: -February 3, 1998 – City Council approved ZA97-130 Rezoning and Concept Plan for French Square Office Complex. -October 6, 1998 – City Council approved ZA98-058, Site Plan for French Square Office Complex. -October 6, 1998 – City Council approved ZA98-083, Plat Showing of Lots 12, 13, and 14, O.W. Knight No. 899 Addition. This plat was never filed. -January of 2000 – City Council decided not to extend Parkwood Drive from Byron Nelson Parkway to East Southlake Boulevard (FM 1709). -June 5, 2001 – City Council approved a 2-lot plat showing of Lot 12, 13, & 14, O.W. Knight No. 899 Addition. The plat was filed on July 18, 2003. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: 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 two (2) accesses directly onto Parkwood Drive which provides direct access to E. Southlake Boulevard. Access will eventually be available to Byron Nelson Parkway via a common access easement connecting Parkwood Drive and Byron Nelson Parkway. E. Southlake Boulevard is a seven lane, undivided thoroughfare with a continuous, two-way, center left turn lane. Parkwood Drive is a local commercial street with a cul-de-sac terminus adjacent to the southern lot of this development. Case No. Attachment A ZA07-108 Page 1 May, 2006 traffic counts on E. Southlake Blvd (between Byron Nelson & White Chapel) 24hr 21,51822,913 West Bound (WB) () East Bound (EB) () WB 1,1502,227 Peak A.M. () Peak P.M. () 5 – 6 p.m. 11:15 – 12:15 a.m. EB 2,0941,609 Peak A.M. () Peak P.M. () 3 – 4 p.m. 6:45 – 7:45 a.m. Traffic Impact Use Acres/Sq.Ft. Vtpd* AM PEAK PM PEAK Retail Nursery 3.212 ac 309 8 trips 24 trips General Office 12,000 sq ft 132 19 trips 18 trips *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan shows an 8-foot multi-use trail existing on the south side of E. Southlake Boulevard. The trail is shown on the site plan. The plan shows 4-foot sidewalks being provided along the street frontage for Parkwood Drive. WATER & SEWER: An 8-inch water line currently exists along the east side of Parkwood Drive. An 8-inch sanitary sewer line exists along the west side of Parkwood Drive. DRAINAGE ANALYSIS: Drainage from this site will flow to the proposed detention areas along the east property line and ultimately to the existing storm sewer system in Parkwood Drive. TREE PRESERVATION: A Tree Preservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree canopy cover in accordance with the percentage requirements established by Table 2.0 in Ordinance 585-C. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree Minimum percentage of the existing tree cover on the entire site cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. The development is required to preserve sixty percent (60%) of the existing tree canopy cover and ninety percent (90%) of the existing tree cover is proposed to be preserved. Case No. Attachment A ZA07-108 Page 2 Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The land use designation is Office Commercial. Although retail nursery uses are not consistent with this designation, a site specific recommendation may be made to allow limited low intensity retail uses on this site. Environmental Resource Protection Recommendations The southern portion of the site is designated as tree cover/open space to be preserved where appropriate on the Environmental Resource Protection Map. The site plan shows that this area will remain a preservation/no disturbance area. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations Change the sidewalk along Parkwood Drive from 4 feet to 5 feet. Also, the sidewalk placement near the existing Parkwood Drive cul-de-sac should be designed to allow for future sidewalk extension along the City of Southlake property. P&Z ACTION: October 18, 2007; Approved (6-0) subject to Site Plan Review Summary No. 2, dated October 12, 2007; approving requested variances; adding that the applicant agrees to access from Southlake Blvd for construction traffic; storage of bagged goods (not for sales display) will be in the southwest corner of the nursery yard and will not exceed the screening wall height; bagged goods displayed for sale will not exceed what is needed for daily sales. Case No. Attachment A ZA07-108 Page 3 STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated October 12, 2007. N:\Community Development\MEMO\2007cases\07-108ZCP.doc Case No. Attachment A ZA07-108 Page 4 Case No. Attachment B ZA07-108 Page 1 Narrative Case No. Attachment C ZA07-108 Page 1 Case No. Attachment C ZA07-108 Page 2 Land Use Letter Case No. Attachment C ZA07-108 Page 3 Case No. Attachment C ZA07-108 Page 4 "S-P-2" Letter Case No. Attachment C ZA07-108 Page 5 Site Plan Case No. Attachment C ZA07-108 Page 6 Variance Exhibit Driveway Spacing: Req’d = 100 ft Prov. = 92 ft Case No. Attachment C ZA07-108 Page 7 Building Renderings Case No. Attachment C ZA07-108 Page 8 Architectural Elevations Case No. Attachment C ZA07-108 Page 9 Case No. Attachment C ZA07-108 Page 10 Case No. Attachment C ZA07-108 Page 11 Retaining Wall Rendering Case No. Attachment C ZA07-108 Page 12 Tree Conservation Plan Case No. Attachment C ZA07-108 Page 13 Landscape Plan Case No. Attachment C ZA07-108 Page 14 SITE PLAN REVIEW SUMMARY ZA07-108Two10/12/07 Case No.: Review No.: Date of Review: Site Plan Project Name: - Calloway's Nursery APPLICANT: Calloway's Nursery, Inc. OWNER: Wise Asset No. 9, Ltd. John Cosby 4200 Airport Freeway 6851 NE Loop 820, Suite 110 Fort Worth, TX 76117 NRH, TX 76180 Phone: (817) 222-1122 Phone: (817) 577-1131 Fax: (817) 222-1040 Fax: (817) 503-8985 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/01/07 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 BEN BRYNER AT (817) 748-8602. 1.Provide the minimum driveway spacing from the centerline of the north drive to the street R.O.W. (A variance is intersection for E. Southlake Blvd. The minimum distance required is 100 ft. requested.) INFORMATIONAL COMMENTS * 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 Revision 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 ZA07-108 Page 1 Public Works - Engineering GENERAL COMMENTS: * Domestic, irrigation and fire lines must connect directly to the main, not to other service lines. A valve is required at the main for the fire line. Add a 6” valve past the reducer for the fire line and tap the 8” stub for the irrigation and domestic. Only 1”, 2” or 4” meters and services – no half size lines allowed. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: * Verify that the size, shape, and/or location of the detention areas, 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 detention area(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. * The difference between pre and post development runoff shall be captured in the detention areas(s). The proposed detention areas shall control the discharge of the 5, 10 and 100 year storm events. Access easements are necessary for maintenance of the detention areas. All detention areas shall be within drainage easements. * This property drains into Critical Drainage Structure # 23 and requires a fee to be paid prior to beginning construction ($309.83/acre). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. * 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 approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * 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. *=Denotes informational comment. Case No. Attachment D ZA07-108 Page 2 Landscape Administrator TREE CONSERVATION COMMENTS: 1. A Tree Preservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree canopy cover in accordance with the percentage requirements established by Table 2.0 in Ordinance 585-C. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the Minimum percentage of the entire site existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. The development is required to preserve sixty percent (60%) of the existing tree canopy cover and ninety percent (90%) of the existing tree cover is proposed to be preserved. LANDSCAPING: 1 Please make sure that the proposed landscaping along East Southlake Blvd. does not hinder the site of monument sign proposed adjacent to East Southlake Blvd. Southlake 2025 Comprehensive Plan Consolidated Land Use Plan Recommendations The land use designation is Office Commercial. Although retail nursery uses are not consistent with this designation, a site specific recommendation may be made to allow limited low intensity retail uses on this site. Environmental Resource Protection Recommendations The southern portion of the site is designated as tree cover/open space to be preserved where appropriate on the Environmental Resource Protection Map. The site plan shows that this area will remain a preservation/no disturbance area. Case No. Attachment D ZA07-108 Page 3 Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations Change the sidewalk along Parkwood Drive from 4 feet to 5 feet. Also, the sidewalk placement near the existing Parkwood Drive cul-de-sac should be designed to allow for future sidewalk extension along the City of Southlake property. Case No. Attachment D ZA07-108 Page 4 Surrounding Property Owners Calloway’s Nursery SPO # Owner Zoning Land Use Acreage 1. Public/Semi-Public Southlake, City Of CS 0.451 2. Office Commercial Wise Asset No 9 Ltd SP2 2.066 3. Office Commercial Wise Asset No 9 Ltd SP2 1.59 4. Office Commercial Wise Asset No 9 Ltd SP2 2.689 5. Public/Semi-Public Office Providence Bancshares Corp SP2 Commercial 1.052 6. Low Density Residential Elliott, Bryan V SF1-A 3.1 7. Public/Semi-Public Southlake, City Of CS 12.264 8. Medium Density Residential Low Hall, Benjamin L Etux Kristi H RPUD Density Residential 0.245 9. Medium Density Residential Low Grosskopf, Scott Etux Laura RPUD Density Residential 0.387 10.Medium Density Residential Wright, Carolyn E RPUD 0.228 11.Medium Density Residential Sahba, Shahriar Etux Shiva RPUD 0.239 12.Medium Density Residential Herrera, Felipe Etux Maria RPUD 0.241 13.Medium Density Residential McKenzie, Graeme A RPUD 0.241 14.Medium Density Residential Bronson, Thomas A Etux Karen RPUD 0.234 15.Medium Density Residential Walters, Maryann Etvir Denny RPUD 0.289 16.Medium Density Residential Potts, Richard W Etux Gina RPUD 0.299 17.Medium Density Residential Jones, Julius RPUD 0.291 Case No. Attachment E ZA07-108 Page 1 18.Medium Density Residential Dastugue, Michael Etux Cherly RPUD 0.239 19.Medium Density Residential Moor, Anthony & Karen Moor RPUD 0.286 20.Medium Density Residential Husain, Mustafa Dr RPUD 0.255 21.Medium Density Residential Unger, Michael Etux Candice RPUD 0.256 22.Medium Density Residential Stockton, Ernest II RPUD 0.348 23.Public/Semi-Public White's Chapel United Meth Ch CS 24.5891495 24.Office Commercial Rcp Southlake Blvd #1 Ltd SP2 0.802 25.Office Commercial Rcp Southlake Blvd #1 Ltd SP2 0.567 26.Office Commercial Drill Fill And Bill Lp SP2 0.541 27.Office Commercial Edson, Jack Etux Coila Edson SP2 0.937 28.Low Density Residential Johnston, Don A & Carolyn S SF1-A 0.645 29.Low Density Residential Newland, Alan SF1-A 0.74 30.Low Density Residential Philip, Isaac J Etux Reni J SF1-A 1.299 Case No. Attachment E ZA07-108 Page 2 Surrounding Property Owner Responses Calloway’s Nursery Notices Sent: Thirty (30). Responses Receive: Two (2).  Thomas & Karen Bronson (SPO #14), 506 Northwood Trail, submitted a Notification Favor Response Form in on October 16, 2007 (see attached).  White’s Chapel United Methodist Church (SPO #23), 185 S. White Chapel Blvd., Favor submitted a Letter in on October 18, 2007 (see attached). Case No. Attachment F ZA07-108 Page 1 Case No. Attachment F ZA07-108 Page 2 Case No. Attachment F ZA07-108 Page 3 SPIN MEETING REPORT CASE NO. ZA07-108 PROJECT NAME: Calloway’s Nursery SPIN DISTRICT: 9w MEETING DATE: August 13, 2007 at 6:30PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Approximately Fifteen (15)  SPIN REPRESENTATIVE(S) PRESENT: Jim Jeppe  APPLICANT(S) PRESENTING: John Cosby, Calloway’s Nursery  STAFF PRESENT: Planner Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us APPLICANT PRESENTATION SUMMARY Property Situation of Proposed Development  Southwest corner of Parkwood Drive and E. Southlake Blvd;  Adjacent to the Northwood Park neighborhood of Timarron (south) and White Chapel United Methodist Church (west) Development Details There are two components to this development: 1.Calloway’s Nursery Retail Site (Site Plan)  northern portion Planned for the and the majority of the property  4,250 sq ft retail building  3 shade structures, or pergolas, inside a fenced nursery yard  Perimeter fence to be 8-foot wrought iron with masonry columns  Bagged goods will be sold in the southwest corner of the commercial site  Existing pecan tree on the commercial site will be saved 2.Office Building & Tree Preservation Area (Concept Plan)  southern portion Planned for the of the property  The 12,000 square foot single-story office building is conceptually planned at this point,  Calloway’s Nursery hopes to relocate its headquarters to the site when their current lease expires in 5 years  Will keep and possibly increase the size of the existing 180+ foot tree preservation area that borders the Northwood Park neighborhood to the south Case No. Attachment G ZA07-108 Page 1 QUESTIONS & DISCUSSION Raven Cross Coventry Southridge Lakes Bend Timber Hills How tall would the pergolas be? QUESTION: RESPONSE:They would be 15-feet at their tallest point, sloping to about 10-feet for rain runoff. They would be made of wood and stained a teak color. How tall is the front retail building? QUESTION: RESPONSE: Approximately 22 feet. What will the floor of the landscape yard be made of? Will you go with stained concrete? Have QUESTIONS: you considered decomposed granite? RESPONSE:Just concrete, as the nature of the business will likely stain the concrete over time anyway. Decomposed granite is not viable, as it can get messy and doesn’t allow maneuverability of customers’ shopping carts. What kind of roofing material is proposed on the pergolas? QUESTION: What is the elevation change from the road to the building? QUESTION: What is the size of the tree preservation area? QUESTION: What are you doing to shield the view of the parking lot from FM 1709 (Southlake Blvd)? QUESTION: What will the office building look like? QUESTION: For clarification, Parkwood Drive is not proposed to punch through, making a complete QUESTION: connection between Southlake Blvd and Byron Nelson Pkwy, correct? RESPONSE:Correct. Where does the property drain? QUESTION: How tall will the new trees that you plant be? QUESTION: RESPONSE:They will be about 10-feet tall when planted. We would also like to show a broad spectrum of trees and shrubs in our landscaping of the site, seeing as how we are a landscape business. st When will you begin building the 1 (retail) phase? QUESTION: RESPONSE:As soon as we are approved and permitted by the City. 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 G ZA07-108 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-535 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 LOTS 12, 13, & 14, O.W. KNIGHT, NO. 899 ADDITION, BEING APPROXIMATELY 6.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE ‘RETAIL NURSERY’ AS A PERMITTED USE ON PROPOSED LOT 12R, AS DEPICTED ON THE APPROVED CONCEPT 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-2” Generalized Site Plan Case No. Attachment H ZA07-108 Page 1 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 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 their original investment was made; and, Case No. Attachment H ZA07-108 Page 2 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 Lots 12, 13, & 14, O.W. Knight, No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 2621, Plat Records, Tarrant County, Texas, and being approximately 6.14 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with “O-1” Office District Uses to include ‘retail nursery’ as a permitted use on proposed Lot 12R as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: Case No. Attachment H ZA07-108 Page 3 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 of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment H ZA07-108 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 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 Case No. Attachment H ZA07-108 Page 5 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 ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment H ZA07-108 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-108 Page 7 EXHIBIT “A” Lot 3R3, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 2621, Plat Records, Tarrant County, Texas, being approximately 0.96134 acres. Case No. Attachment H ZA07-108 Page 8 EXHIBIT “B” Narrative Case No. Attachment H ZA07-108 Page 9 Case No. Attachment H ZA07-108 Page 10 Land Use Letter Case No. Attachment H ZA07-108 Page 11 Case No. Attachment H ZA07-108 Page 12 “S-P-2” Letter Case No. Attachment H ZA07-108 Page 13 Site Plan Case No. Attachment H ZA07-108 Page 14 Variance Exhibit Driveway Spacing: Req’d = 100 ft Prov. = 92 ft Case No. Attachment H ZA07-108 Page 15 Building Renderings Case No. Attachment H ZA07-108 Page 16 Architectural Elevations Case No. Attachment H ZA07-108 Page 17 Case No. Attachment H ZA07-108 Page 18 Case No. Attachment H ZA07-108 Page 19 Retaining Wall Rendering Case No. Attachment H ZA07-108 Page 20 Tree Conservation Plan Case No. Attachment H ZA07-108 Page 21 Landscape Plan Case No. Attachment H ZA07-108 Page 22