Loading...
Item 7A Department of Planning & Development Services S T A F F R E P O R T January 9, 2008 ZA07-129 CASE NO: Zoning Change and Site Plan for Southlake Villa Offices PROJECT: REQUEST: On behalf of Robert Stevenson, Enrichment Enterprises is requesting approval of a zoning change and site plan from “AG” Agricultural District to “S- P-1” Detailed Site Plan District with “O-1” Office District uses. The plan proposes the development of three (3) general office buildings on a lot of approximately 2.89 acres. The “S-P-1” zoning will follow the uses and regulations of the “O-1” Office District permitted uses and development regulations with the following exceptions:  A portion of a parking space shall be allowed to encroach into the required south (front) bufferyard as shown on the site plan.  Horizontal and vertical articulation shall be permitted as shown on the site plan and architectural elevations.  A ratio of 1 space per 315 square feet shall be required for parking on the site.  Covered parking shall be a permitted as an accessory use with the following regulations: No more than 6 spaces shall be permitted in one attached parking o structure The minimum parking space size shall be 9 ft by 18 ft o The attached carport shall utilize similar materials as the primary o building The following variances are being requested:  Driveway stacking: A stacking depth of 75 feet is required for the proposed driveway on E. Southlake Boulevard. The applicant is requesting a Case No. ZA07-129 stacking depth of ±32 feet. (Driveway Ord. No. 634, Section 5.2.d) This item appeared before City Council for first reading on December 18, 2007. Mayor Wambsganss stated that based on consultation with the city attorney and citizen comments tonight that it is in everyone's best interest for Council to remand this item back to P&Z for consideration without any City Council involvement at that time. A motion was made and approved by the City Council (6-0) to remand this case back to the Planning and Zoning Commission. Due to approximately 48% of the surrounding area within 200 feet being opposed to this request, if this item is approved at the first reading, a super majority vote (the affirmative vote of at least three-fourths (¾) of all the members of the City Council) will be needed to approve this item at the second reading. Consider first reading for a zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 4, dated January 9, 2008 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Meeting Summary Report (H) Ordinance No. 480-542 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA07-129 BACKGROUND INFORMATION OWNER: Robert Stevenson APPLICANT: Enrichment Enterprises PROPERTY SITUATION: 310 E. Southlake Boulevard LEGAL DESCRIPTION: Tract 3, W.W. Hall Survey, Abstract No. 687 LAND USE CATEGORY: Office Commercial and Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: There is no development history on this property. The property is vacant. 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 E. Southlake Boulevard. The drive is proposed to be a right-in/right-out drive. No other access is proposed to the site. E. Southlake Boulevard is a seven lane, undivided thoroughfare with a continuous, two-way, center left turn lane. 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 11:15 – 12:15 a.m. p.m. EB 2,0941,609 Peak A.M. () Peak P.M. () 3 – 4 6:45 – 7:45 a.m. p.m. Case No. Attachment A ZA07-129 Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT General Office 34,002 374 47 6 9 42 *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 proposed on the north side of E. Southlake Boulevard. The trail is shown on the site plan. WATER & SEWER: A 12-inch water line exists along the north side of E. Southlake Boulevard. A 6-inch sanitary sewer line also exists along the north side of E. Southlake Boulevard. DRAINAGE ANALYSIS: Drainage from this development will be to the proposed detention area at the southwest corner of the site. TREE PRESERVATION: The existing tree canopy cover calculations show that 15% of the site is covered with tree canopy and that 63% of the total tree canopy cover is proposed to be preserved. The required amount of tree canopy cover required to be preserved on the site is 70% and the applicant is requesting that the plan be approved as proposed. 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 existing entire site 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. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying designation is predominantly Office Commercial, with Low Density Residential along the northern property line. The Case No. Attachment A ZA07-129 Page 2 proposed development is consistent with the Office Commercial designation. Southlake Blvd. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations An 8 foot trail is required along Southlake Boulevard. The sidewalk is shown on the plan. P&Z ACTION: November 8, 2007; Approved to table until the December 6, 2007 P&Z Commission meeting. December 6, 2007; Approved (7-0) subject to Site Plan Review Summary No. 2, dated November 2, 2007; approving the driveway stacking variance; removing the parking spaces as identified by the applicant; requiring a 40’ tree well between buildings 2 & 3 as identified by the applicant; changing the windows on the building as identified by the applicant; requiring a retention & waterfall feature in the southwest corner; requiring the use of bollard lights and security lighting on the site; requiring that the architecture for all buildings be consistent with the first building; and requiring additional oak trees in the northeast corner. January 3, 2008; Approved (6-0), subject to Site Plan Review Summary No. 3, dated December 12, 2007; clarifying the applicant’s willingness to plant at least 4” caliper canopy trees on the northeast corner of the property to assist in the buffer; construct an 8’ masonry fence on the northern boundary; refurbish the existing fencing on the east and west sides by replacing wood along the masonry base between columns; and, granting the requested variance for driveway stacking. Case No. Attachment A ZA07-129 Page 3 CITY COUNCIL ACTION: December 18, 2007; Mayor Wambsganss stated that based on consultation with the city attorney and citizen comments tonight that it is in everyone's best interest for Council to remand this item back to P&Z for consideration without Council involvement at that time. The City Council approved a motion to remand this case back to the Planning and Zoning Commission (6-0). STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated January 9, 2008. N:\Community Development\MEMO\2007cases\07-129ZSP.doc Case No. Attachment A ZA07-129 Page 4 Case No. Attachment B ZA07-129 Page 1 “S-P-1” Letter Southlake Villa Offices Proposed Permitted Uses and Development Regulations for “S-P-1” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “O-1” Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “O-1” Office District, and all other applicable regulations with the following exceptions:  A portion of a parking space shall be allowed to encroach into the required south (front) bufferyard as shown on the site plan.  Horizontal and vertical articulation shall be permitted as shown on the site plan and architectural elevations.  A ratio of 1 space per 315 square feet shall be required for parking on the site.  Covered parking shall be a permitted as an accessory use with the following regulations: No more than 6 spaces shall be permitted in one attached parking structure o The minimum parking space size shall be 9 ft by 18 ft o The attached carport shall utilize similar materials as the primary building as o shown on the site plan and architectural elevations. Case No. Attachment C ZA07-129 Page 1 Site Plan Case No. Attachment C ZA07-129 Page 2 Case No. Attachment C ZA07-129 Page 3 Variance Exhibit Covered Parking Driveway Stacking: Req’d = 75 ft Prov. = ±32 ft Case No. Attachment C ZA07-129 Page 4 Building Elevations Case No. Attachment C ZA07-129 Page 5 Case No. Attachment C ZA07-129 Page 6 Tree Conservation Plan Case No. Attachment C ZA07-129 Page 7 Landscape Plan Case No. Attachment C ZA07-129 Page 8 SITE PLAN REVIEW SUMMARY ZA07-129Four1/09/08 Case No.: Review No.: Date of Review: Site Plan Project Name: – Southlake Villa Offices APPLICANT: Enrichment Enterprise, LLC OWNER: Tom LaHoda / Ed Coffey Robert L. Stevenson 630 E. Southlake Blvd, Suite 110 2113 Taxco Dr Southlake, TX 76092 Carrollton, TX 75006 Phone: (817) 416-4868 Phone: (214) 350-8863 Fax: (817) 416-4869 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/07/08 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 OR BEN BRYNER AT (817) 748-8602. 1. The following changes are needed regarding labeling: a. Match the graphic scale to the written scale. b. Label the dimensions (10’ x 50’) of the loading space for building #1. c. Show and label the nearest existing fire hydrant and dimension it to a property corner. Show and label any proposed hydrants. d. Clearly label the perimeter fencing/screening device. A minimum 8’ screening device/F1 fence is required adjacent to all residential properties. e. Clarify that the parking ratio for all general professional offices is proposed at one space per 315 square feet. Medical uses are typically parked at 1 space per 150 unless another ratio is proposed. 2. Correctly show and label the required width and type of bufferyard along the east boundary. Revise the Bufferyard Calculation Chart to reflect the correction. The east bufferyard adjacent to “SF-1A” property is required to be 10’ – Type ‘F1’ bufferyard. 3. The following changes are needed with regard to the ingress/egress driveway(s): a. Correct the stacking depth labeled. Stacking is measured from the connecting R.O.W. to the first turning movement into a drive lane or parking space. Staff measures a stacking depth of ±32 feet only for this site. Case No. Attachment D ZA07-129 Page 1 (A variance is b. Provide the minimum stacking depth of 75 feet for this site. requested.) 4. Update all other support plans to reflect revisions made * The proposed driveway must be approved by TxDOT. INFORMATIONAL COMMENT * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Public Works – Engineering GENERAL COMMENTS: 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. * Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER 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. The fire line may need to be separate from the service lines. * Connection to the existing manhole at the proposed driveway location shall be by coring – no break outs allowed. Integrity of manhole will need to be considered when removing existing service and connecting new service. Case No. Attachment D ZA07-129 Page 2 * The water meters must be located in an easement or in the ROW. Service lines shall be the same size as the meters. Only 1”, 2”, and 4” meters allowed – no ½ size meters. DRAINAGE COMMENTS: 1. The preliminary drainage plan shows a detention area along the east property line. Is it proposed as an underground facility? Or is ponding proposed in the parking lot? Detention within the parking area is limited to 1’ of depth, per Drainage Ordinance No. 605. Provide clarification. All detention areas shall be within a dedicated drainage easement. 2. How will the area around Building #2 get to the detention area at the southwest corner of the site? Preliminary grading indicates that the area from the two drives on either side of Building #2 will drain directly onto Southlake Blvd. * The difference between pre and post development runoff shall be captured in the detention area(s). The proposed detention area(s) shall control the discharge of the 5, 10 and 100 year storm events. Access easements are needed for maintenance of the detention area(s). * Verify that the size, shape, and/or location of the detention area(s), 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. * This property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning construction. * 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. *=Denotes informational comment. Landscape Administrator Case No. Attachment D ZA07-129 Page 3 TREE CONSERVATION COMMENTS: 1. The existing tree canopy cover calculations show that 15% of the site is covered with tree canopy and that 63% of the total tree canopy cover is proposed to be preserved. The required amount of tree canopy cover required to be preserved on the site is 70% and the applicant is requesting that the plan be approved as proposed. 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 existing entire site 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. 2. Some of the existing trees are proposed to be preserved within parking lot landscape islands. For existing trees the minimum width of the landscape island shall be as follows: Tree Size Min. Island Width Min. Dist. Tree to Curb 6" - 12" DBH = 12' minimum width 4’ Greater than 12" DBH = 18' minimum width 8’ * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE: 1. Existing tree credits are proposed to be taken for the preservation of existing trees. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. 2. Fifty percent (50%) of the canopy trees planted on the site must measure a minimum of 2” caliper and fifty percent (50%) 4” caliper. This requirement is the interior landscape area as Case No. Attachment D ZA07-129 Page 4 well as the required bufferyard areas. Please correct the proposed canopy tree caliper size to meet the 50% 2” caliper – 50% 4” caliper requirement. 3. All accent trees are required to be a minimum of 6’ in-height when planted. Please correct the proposed accent tree height size to meet the minimum 6’ height requirement. Southlake 2025 Comprehensive Plan Consolidated Land Use Plan Recommendations The underlying designation is predominantly Office Commercial, with Low Density Residential along the northern property line. The proposed development is consistent with the Office Commercial designation. Southlake Blvd. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations An 8 foot trail is required along Southlake Boulevard. The sidewalk is shown on the plan. Case No. Attachment D ZA07-129 Page 5 Surrounding Property Owners Southlake Villa Offices SPO # Owner Zoning Land Use Acreage Office Commercial 1. Providence Bancshares Corp SP2 1.052 Office Commercial 2. Providence Bancshares Corp SP2 0.995 Office Commercial 3. Guaranty Bank SP2 0.713 Office Commercial 4. Star Real Estate Company SP2 0.977 Office Commercial 5. Southlake Imaging Llc SP1 1.283 Office Commercial 6. Holt Dental Care C2 1.126 Office Commercial 7. Southlake Sleep Lp C2 1.151 Low Density Residential 8. Mellinger, James J Etux Sara J SF1-A 1.095 Low Density Residential 9. Cusack, Shelli R Etvir John SF1-A 1.19 Low Density Residential 10. Miller, Gregory Etux Blair SF1-A 1.061 Low Density Residential 11. Spinozzi, Michael Etux Yolanda SF1-A 0.968 Low Density Residential 12. Philip, Isaac J Etux Reni J SF1-A 1.299 Low Density Residential 13. Mabry, Jay H Etux Jane D SF1-A 1.036 Low Density Residential 14. Weber, J Todd Etux Patti C SF1-A 1.071 Office Commercial 15. Stevenson, Robert L AG 3.097 Case No. Attachment E ZA07-129 Page 1 Surrounding Property Owner Responses Southlake Villa Offices Notices Sent: Fifteen (15). Responses Receive: Seven (7). Surrounding Property Owners in Opposition  Todd & Patti Weber (SPO #14), 823 Pearl Dr., submitted a Notification Response Form in Opposition on November 5, 2007 (see attached 3 pages).  Michael & Yolanda Spinozzi (SPO #11), 915 Emerald Blvd., submitted a Notification Opposition Response Form in on November 6, 2007 (see attached).  Isaac & Reni Philip (SPO #12), 821 Pearl Dr., submitted a Notification Response Form in Opposition on November 6, 2007 (see attached).  James & Sara Mellinger (SPO #8), 919 Emerald Blvd., submitted a Notification Response Opposition Form in on November 6, 2007 (see attached).  Gregory & Blair Miller (SPO #10), 7127 Leameadow Dr., submitted a Notification Opposition Response Form in on November 8, 2007 (see attached).  Shelli & John Cusack (SPO #9), 917 Emerald Blvd., submitted a Notification Response Opposition Form in on November 8, 2007 (see attached). Surrounding Property Owners in Favor  Robert Stevenson (SPO #15), 310 E. Southlake Blvd., submitted a Notification Response Favor Form in on November 7, 2007 (see attached). Case No. Attachment F ZA07-129 Page 1 Case No. Attachment F ZA07-129 Page 2 Case No. Attachment F ZA07-129 Page 3 Case No. Attachment F ZA07-129 Page 4 Case No. Attachment F ZA07-129 Page 5 Case No. Attachment F ZA07-129 Page 6 Case No. Attachment F ZA07-129 Page 7 Case No. Attachment F ZA07-129 Page 8 Case No. Attachment F ZA07-129 Page 9 Case No. Attachment F ZA07-129 Page 10 SPIN MEETING REPORT CASE NO. ZA07-129 PROJECT NAME: Southlake Villa Offices SPIN DISTRICT: 10 MEETING DATE: September 24, 2007 – 7:30PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3C & 3D TOTAL ATTENDANCE: Eight (8)  SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain  APPLICANT(S) PRESENTING: Greg Jones  STAFF PRESENT: Planner Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us EXECUTIVE SUMMARY Southlake Villa About four (4) residents attended the citywide SPIN meeting for the proposed Offices on the north side of E. Southlake Blvd between White Chapel Blvd and Diamond Blvd (entrance to Diamond Circle Estates). This 3-acre property adjacent to Diamond Circle Estates (north and west) was recently considered for the location of a Calloway’s Nursery. This “O-1” Zoning Change & Site Plan proposal is for three (3) two-story Tuscan-style general office buildings totaling approximately 34,000 square feet of floor area. The development proposes to:  Preserve large oaks on the property and keep existing grade as much as possible;  Provide an adequate bufferyard to the residents in Diamond Circle Estates  Construct Class ‘A’ professional offices in a Tuscan style; using stone and a low profile roof.  Look more residential than commercial None in attendance verbalized any major objections to the development. QUESTIONS & DISCUSSION What is the height of the tower? QUESTION: Will the development be phased out? When do you propose beginning construction? QUESTION: 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 ZA07-129 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-542 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 TRACT 3, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE 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 “AG” Agricultural Case No. Attachment H ZA07-129 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 Case No. Attachment H ZA07-129 Page 2 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 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 Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being Case No. Attachment H ZA07-129 Page 3 approximately 2.887 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses 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 of buildings and encouraging the most Case No. Attachment H ZA07-129 Page 4 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. Case No. Attachment H ZA07-129 Page 5 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 ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ Case No. Attachment H ZA07-129 Page 6 MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-129 Page 7 EXHIBIT “A” Being Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being approximately 2.887 acres. Case No. Attachment H ZA07-129 Page 8 EXHIBIT “B” “S-P-1” Letter Southlake Villa Offices Proposed Permitted Uses and Development Regulations for “S-P-1” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “O-1” Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “O-1” Office District, and all other applicable regulations with the following exceptions:  A portion of a parking space shall be allowed to encroach into the required south (front) bufferyard as shown on the site plan.  Horizontal and vertical articulation shall be permitted as shown on the site plan and architectural elevations.  A ratio of 1 space per 315 square feet shall be required for parking on the site.  Covered parking shall be a permitted as an accessory use with the following regulations: No more than 6 spaces shall be permitted in one attached parking structure o The minimum parking space size shall be 9 ft by 18 ft o The attached carport shall utilize similar materials as the primary building as o shown on the site plan and architectural elevations. Case No. Attachment H ZA07-129 Page 9 Site Plan Case No. Attachment H ZA07-129 Page 10 Variance Exhibit Covered Parking Driveway Stacking: Req’d = 75 ft Prov. = ±32 ft Case No. Attachment H ZA07-129 Page 11 Building Elevations Case No. Attachment H ZA07-129 Page 12 Case No. Attachment H ZA07-129 Page 13 Tree Conservation Plan Case No. Attachment H ZA07-129 Page 14 Landscape Plan Case No. Attachment H ZA07-129 Page 15