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Item 6A Department of Planning & Development Services S T A F F R E P O R T July 9, 2008 ZA08-043 CASE NO: Zoning Change and Site Plan for Countryside Bible Church PROJECT: REQUEST: Countryside Bible Church and Sun Coast Architects, Inc. are requesting approval of a zoning change and site plan for Countryside Bible Church, located at 250 Countryside Court. The current zoning is “S-P-1” Detailed Site Plan District with “CS” Community Service uses and the requested zoning is “S-P-1” Detailed Site Plan District with “CS” Community Service uses. The purpose of the request is the addition of a two story, 25,419 square foot educational/recreational facility and associated site improvements (shown as Phase II on the site plan). The site plan also shows the addition of a two story 25,092 square foot worship center and associated site improvements, however, the worship center and associated site improvements will be constructed in a future phase (shown as Phase III on the site plan). Existing improvements on the site include a worship center, study center, fellowship facility, and a youth center. st As agreed upon at the July 1 City Council meeting, the applicant will provide details on the 24 inch rock wall at the hammerhead as well as color samples of the exterior of the building at the meeting on July 15. 1. Conduct public hearing ACTION NEEDED: nd 2. Consider approval of 2 reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 2 dated June 13, 2008 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-328A for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Jennifer Crosby (748-8195) Case No. ZA08-043 BACKGROUND INFORMATION OWNER: Countryside Bible Church APPLICANT: Sun Coast Architects, Inc. PROPERTY SITUATION: 250 Countryside Court LEGAL DESCRIPTION: Lot 2R, Block A, Ravenaux Village LAND USE CATEGORY: Public / Semi-public and Office Commercial CURRENT ZONING: S-P-1 Detailed Site Plan District REQUESTED ZONING: S-P-1 Detailed Site Plan District HISTORY: - A zoning change and site plan was approved on February 15, 2000 (ZA99- 128) - A plat revision was approved on February 1, 2000 (ZA99-129) - A revised concept plan was approved on March 19, 1996 (ZA96-019) - A revised concept plan was approved on June 20, 1995 (ZA95-055) - A specific use permit for a portable building was approved on April 4, 1989 (ZA89-008) - A zoning change was approved on November 3, 1987 (ZA87-037) TRANSPORTATION Existing Area Road Network and Conditions ASSESSMENT: The church currently has two access drives off of Countryside Court. The church also has one access to the West State Highway 114 eastbound frontage road. West State Highway 114 is a six lane, limited access highway with three lane frontage roads on either side. May, 2007 traffic counts on W. SH 114 frontage roads (between White Chapel and Dove) West Bound East Bound 24hr 17731592 A.M Peak 152 (7:45 - 8:45) 162 (8:00 - 9:00) P.M. Peak 180 (5:15 - 6:15) 183 (5:00 - 6:00) Consolidated Land Use Plan Recommendations COMPREHENSIVE PLAN: The underlying land use designation is Public / Semi-Public and Office Commercial. The proposed development is consistent with the Public / Semi- Public designation. Environmental Resource Protection Recommendations Case No. Attachment A ZA08-043 Page 1 This property does not have any areas that are designated as “Tree Cover/Open Space to be preserved where appropriate” on the Environmental Resource Protection Plan. No existing trees are proposed to be removed. Mobility & Master Thoroughfare Plan Recommendations The Master Thoroughfare Plan recommends West State Highway 114 to have 300-feet to 500-feet of right-of-way. Adequate right-of-way exists for this roadway. Southlake Pathways Plan and Sidewalk Plan An 8 foot to 10 foot multi-use trail is required along the West State Highway 114 eastbound frontage road per the Pathways Plan. The required 8 foot trail is shown on the site plan to be constructed with Phase III. A connection from the trail to the buildings is recommended when the trail is constructed. A 5 foot sidewalk is required along Countryside Court per the Zoning Ordinance. The required sidewalk is shown on the site plan to be constructed with Phase III. The applicant is providing access from the trail to the front the buildings. Urban Design Plan Preserve existing view corridors where appropriate. Tree stands along the highway should be preserved when they terminate views from the highway. In order to maximize regional access and limit the impact of strip retail development, retail and restaurant development should be concentrated at interchanges in 1-2 storey buildings with higher intensity office and institutional uses at mid block locations. Establish appropriate scale and bulk standards for buildings along the highway, specifically at mid-block locations. Buildings should be 4 – 6 stories tall and step down as they move away from the highway corridor. Buildings over three stories should be articulated along the first three floors. Materials on the lower floors should be brick, stone or other approved masonry. Low-profile, single storey pad buildings that tend to blend into the background and have limited visibility from the highway are discouraged. All windows on buildings should be vertically oriented and be articulated with a 4-inch reveal to avoid solid, flat walls, and to create shadow lines and surface texture. Glass curtain walls and facades with more than 60% glass along any elevation shall be discouraged. Along retail store fronts, 1’ – 2’ high knee walls shall limit the amount of glass along each façade visible from public streets. The view of surface parking from the highway should be limited. Surface parking lots should be designed to be in smaller pods (no more than 200 parking spaces) with increased landscaping and pedestrian access ways. Specifically, shared parking is also encouraged between adjoining complementary land uses. Master planning of larger tracts or multiple tracts is encouraged over piece- meal development. In addition, the master plan applications should include Case No. Attachment A ZA08-043 Page 2 all the elements of the built environment such as building design, site design, wayfinding and building signage, landscaping, treatment of natural features, bridges, streets, street lighting, etc. Every effort should be made to incorporate recommended urban design elements into the project design. WATER & SEWER: There is an existing 8 inch diameter waterline located within this property that will be relocated to serve this development. There is an existing 8 inch diameter sewer line located within this property to this development. DRAINAGE ANALYSIS: The drainage from this development is generally to the west and slightly north. TREE PRESERVATION: No existing trees are proposed to be removed during the proposed phase of construction. P&Z ACTION: June 19, 2008; Approved (4-0) subject to Site Plan Review Summary No. 2, dated June 13, 2008, and subject to the following conditions: 1. noting the applicant’s willingness to bring the existing parking lot lighting into compliance with the new lighting and also setting the timers to match; 2. bollards, landscape rocks, or other physical barriers will be used at the hammer-head to stop vehicles from entering property from that location; 3. applicant will make arrangements for late evening or overnight parking to be on the east side and away from the residences; and 4. applicant will provide pedestrian passage to the neighborhood to the . west st COUNCIL ACTION: July 1, 2008; Approved 1 reading (5-0) subject to Site Plan Review Summary No. 2, dated June 13, 2008; noting applicant’s agreement to construct a 24 inch rock wall at hammerhead with a four (4) foot break included; replace light fixture on existing poles and to set timers on lights; move parking on east side of building for any overnight usage; fix bottom of channel at retention pond; and, provide color samples to exterior of building by second reading at Council, as it relates to the Urban Design Plan. STAFF COMMENTS: Attached is Staff Review No. 2 dated June 13, 2008 N:\Community Development\MEMO\2008cases\043 - ZSP - Countryside Bible Church\Staff Report\08-043ZSP.doc Case No. Attachment A ZA08-043 Page 3 Case No. Attachment B ZA08-043 Page 1 Plans and support information Link to PowerPoint Presentation Case No. Attachment C ZA08-043 Page 1 Applicant’s Letter Case No. Attachment C ZA08-043 Page 2 Case No. Attachment C ZA08-043 Page 3 Case No. Attachment C ZA08-043 Page 4 Case No. Attachment C ZA08-043 Page 5 Case No. Attachment C ZA08-043 Page 6 Case No. Attachment C ZA08-043 Page 7 SITE PLAN REVIEW SUMMARY ZA08-048Two06/13/08 Case No.: Review No.: Date of Review: Site Plan Project Name: Zoning Change & for S-P-2 Zoning for Countryside Bible Church APPLICANT: ARCHITECT: Countryside Bible Church Sun Coast Architects Phone: Phone: (817)424-4277 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/06/08 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. 1. Provide the interior landscape calculation chart on plan 2. Label the type and height of screening on the existing dumpster. A minimum 8 foot tall masonry screen wall matching the principal building with a solid metal access gate is required for all trash dumpsters. 3. Show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. Properties within Corridor Overlay Zone see Ord. 480-S § 43.9.c.1(e) for design criteria. 4. Provide a minimum 8’ screening device meeting the requirements of Ordinance 480, Sections 33 (proposes existing fencing and natural and 39 along all boundaries abutting residential property. screening to remain) * All development must comply with the underlying zoning district regulations. The previous conditions of the S-P-1 zoning are as follows: a. accepting a rail fence in lieu of the 8-foot screening requirement for the properties north of Ravenaux Drive and the hammerhead turnaround area; b. reserving the right to require additional screening if a new concept plan is filed which places buildings closer to the residential property line; c. requiring the fence and required bufferyard be constructed concurrently with the hammerhead ("fire truck") turnaround; and d. deferring the screening on the properties South of Ravenaux Drive until Phase 2 construction. Informational Comments: * A SPIN meeting was held on June 9, 2008 facilitated by Robert Gray. The following items were discussed: 1) Provide a physical barrier at the hammer head to be constructed at the end of Ravenaux Court. 2) Bufferyard and fencing along west should remain as is. 3) Consider cutting into grade to sink the building. Case No. Attachment D ZA08-043 Page 1 rd 4) Construction timing, 3 quarter of 2008 5) Improve drainage and comply with drainage requirements. 6) Would like for existing lighting to be brought into conformity. 7) Look at putting lights on timers. 8) Provide a pedestrian access to Ravenaux 9) Control over night parking. * 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. * Lighting must be high pressure sodium type lighting and must comply with the Lighting Ordinance No. 693, as amended, with regard to intensity, glare and spill-over. The applicant has noted compliance in their response letter. * All development must comply with the Drainage Ordinance No. 605, as amended. * 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 (for relocation and abandonment of utility easement), 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. * Denotes Informational Comment Case No. Attachment D ZA08-043 Page 2 Tree Conservation/Landscape Review ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 TREE CONSERVATION COMMENTS: * No existing trees are proposed to be removed during the proposed phase of construction. LANDSCAPING: 1. Please provide the full Interior Landscape and Bufferyards Summary Charts on the Landscape Plan. The ones provided are not complete. 2. Four (4) of the parking lot landscape islands in the proposed parking lot have accent trees instead of a canopy trees proposed in them. All parking lot landscape islands shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Islands which have light poles for lighting the parking area may substitute two (2) understory/accent trees for the required canopy tree. If the islands are intended to contain lights please identify them on the Landscape Plan. 3. Provide the required landscaping material on the landscape plan in accordance with the required bufferyard for the north and east bufferyards and the interior landscape. * For maintenance, it may be more beneficial to move the Eleagnus shrubs from directly within the east bufferyard to in-front of the parking spaces in the new proposed parking. Case No. Attachment D ZA08-043 Page 3 Public Works/Engineering Review Contact: Michelle Speaker, Civil Engineer Phone: (817) 748-8274 Fax: (817) 748-8077 Email: mspeaker@ci.southlake.tx.us GENERAL COMMENTS: 1. Provide preliminary water, sewer, drainage and grading plans for this development. 2. A ROW permit shall be obtained from the Public Works Operations Department for connections with the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082. 3. All fire lane radii must be 30’ minimum. * Use the City of Southlake GPS monuments whenever possible. EASEMENTS: 1. 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. 2. Additional easement may be required for the proposed sanitary sewer line that is being relocated into the new fire lane to be constructed. * 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: 1. The minimum size for water lines is 8”. 2. 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 8 inch diameter waterline located within this property that will be relocated to serve this development. * The water meters must be located in an easement or right-of-way. * Minimum easement width for utilities along the rear is 30”. * The fire line may need to be separate from the service lines. SANITARY SEWER COMMENTS: 1. 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. * All sewer lines in easements or ROW must be constructed to City standards. * There is an existing 8 inch diameter sewer line located within this property to this development. * Extend the sewer line to the western property line for future service. DRAINAGE COMMENTS: 4. 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. 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. 5. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. 6. The size of the proposed storm sewer will require some easements outside the ROW. The storm sewer must be installed outside the edge of pavement. Ordinance #605 defines the easement Case No. Attachment D ZA08-043 Page 4 requirements for storm sewer. a. 60” RCP requires a 25’ easement b. 72” RCP requires a 30’ easement c. 84” RCP requires a 30’ easement 7. 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. * All storm sewers collecting runoff from the public street shall be RCP. * Provide a construction entrance with 3-4” size rock. * This property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning construction. * The drainage from this development is generally to the west and slightly north * 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. * 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. * 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 ZA08-043 Page 5 Fire Department Review Contract Fire Marshal David Barnes at (817) 748-8233 Case No. Attachment D ZA08-043 Page 6 Community Service/Parks Department Review ContactPhone:Fax: : Peter Kao 817-748-8607 817-748-8027__ Park Board comments or recommendations: * All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: * Requires payment of park dedication fees in the amount of $0. Pathway Comments: 1. Should provide 8-10ft wide concrete trail along SH114 Frontage Rd consistent with Southlake Master Pathway Plan. Should provide pedestrian access to and from Trail System connections. Please provide pedestrian access plan to campus area. Case No. Attachment D ZA08-043 Page 7 Surrounding Property Owners Countryside Bible Church SPO Owner Zoning Land Use Acreage # 1. Medium Density Residential, Low Density Adamcik, Alan J Etux Kimberly SF20A Residential 1.10 2. Medium Density Residential, Low Density Tucker, Von D SF1-A Residential 1.11 3. Medium Density Residential, Low Density Golden, Michael K Etux Mary L SF1-A Residential 1.06 4. Fawks, Gary L Etux Elizabeth SF1-A Low Density Residential 1.18 5. Karas, Donald G Etux Catherine SF1-A Low Density Residential 1.02 6. Larson, John H & Kathleen H SF1-A Low Density Residential 1.03 7. Public/Semi-Public, Retail Commercial, Stacy, James R & K Wayne Lee SP2 Office Commercial 2.67 8. Public Park/Open Space, Low Density Residential, Public/Semi-Public, Retail Countryside Bible Church SP1 Commercial, Office Commercial 13.68 9. Wayne, Lee K SP1 Office Commercial 2.37 10. International Ch Four Square G SP1 Low Density Residential, Office Commercial 3.78 11. International Ch Foursquare Go SP2 Low Density Residential, Office Commercial 6.23 12. Bedford, Mark D Etux Ann SF1-A Low Density Residential 4.95 13. Richardson, Sallye Ann SF1-A Low Density Residential 4.85 14. Medium Density Residential, Public Park/Open Space, Low Density Residential, Southlake, City Of AG Public/Semi-Public 3.02 15. D/Fw-White Chapel Road Ltd SP2 Public/Semi-Public, Retail Commercial 3.59 16. J O Sr & B M Passmore Liv Tr SF1-A Low Density Residential 4.77 Case No. Attachment E ZA08-043 Page 1 Surrounding Property Owner Responses Countryside Bible Church Notices Sent: Sixteen (16) Responses Received: Three (3) 1) International Ch Four Square G (Grace Community Church); 251 Countryside Ct., Southlake, In Favor Of Notification Response Form TX; submitted a stating on June 10, 2008 (attached – two pages). Notification 2) John H. & Kathleen H. Larson; 335 Ravenaux Dr., Southlake, TX; submitted a In Favor Of Response Form stating on June 18, 2008 (attached – three pages). Notification 3) submitted a J O Sr & B M Passmore Liv Tr; 143 Walton Rd., Crossover, TN 38571; In Favor Of Response Form stating on June 19, 2008 (attached) Case No. Attachment F ZA08-043 Page 1 Case No. Attachment F ZA08-043 Page 2 Case No. Attachment F ZA08-043 Page 3 Case No. Attachment F ZA08-043 Page 4 Case No. Attachment F ZA08-043 Page 5 Case No. Attachment F ZA08-043 Page 6 Case No. Attachment F ZA08-043 Page 7 Case No. Attachment F ZA08-043 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-328A AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2R, BLOCK A, RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 6215, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.738 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S-P-1" Detailed Site Plan 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 Case No. Attachment G ZA08-043 Page 9 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, 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 Case No. Attachment G ZA08-043 Page 2 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 Lot 2R, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 6215, Plat Records, Tarrant County, Texas, and being approximately 13.738 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District with "CS" Community Service District uses to “S-P-1” Detailed Site Plan District with “CS” Community Service District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Case No. Attachment G ZA08-043 Page 3 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. 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 Case No. Attachment G ZA08-043 Page 4 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 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 PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008. ________________________________ MAYOR ATTEST: ________________________________ Case No. Attachment G ZA08-043 Page 5 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA08-043 Page 6 Exhibit A Being Lot 2R, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 6215, Plat Records, Tarrant County, Texas, and being approximately 13.738 acres. Case No. Attachment G ZA08-043 Page 7 Exhibit B Case No. Attachment G ZA08-043 Page 8 Case No. Attachment G ZA08-043 Page 9 Case No. Attachment G ZA08-043 Page 10 Case No. Attachment G ZA08-043 Page 11 Case No. Attachment G ZA08-043 Page 12 Case No. Attachment G ZA08-043 Page 13 Case No. Attachment G ZA08-043 Page 14 Case No. Attachment G ZA08-043 Page 15 Case No. Attachment G ZA08-043 Page 16 Case No. Attachment G ZA08-043 Page 17 Case No. Attachment G ZA08-043 Page 18 Case No. Attachment G ZA08-043 Page 19 Case No. Attachment G ZA08-043 Page 20 Case No. Attachment G ZA08-043 Page 21