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Item 6K Department of Planning & Development Services S T A F F R E P O R T February 27, 2008 ZA07-087 CASE NO: Zoning Change and Site Plan for Mendez L.T.D. PROJECT: REQUEST: On behalf of Mendez Ltd., Blake Architects 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 a single-story medical office building of 18,558 square feet on approximately 2.28 acres. The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted uses and development regulations with the following exceptions:  The bufferyard along the east property line shall not be required  A zero lot line setback is proposed along the west lot boundary as shown on the plan  A total of 113 parking spaces will be required (equal to a 10% reduction)  The 8-foot screening device will not be required along the east property line. The following variances are being requested:  Driveway spacing – The minimum driveway spacing required is 500 feet between driveway centerlines for full-access drives on E. Southlake Boulevard (FM 1709). The applicant is requesting a distance of ±186 feet to the off-site driveway to the east. (Driveway Ord. No. 634, Section 5.1) Case No. ZA07-087 The City Council tabled this item on December 18, 2007 a requested the following: Item Comments 1. Look at adjusting building to reduce angle Building has been moved 10 feet west and severity of the entrance driveway at the north, driveway angle is closer to 90 deg. at intersection of Southlake Boulevard intersection. 2. Provide a concept exhibit showing possible The revised plan includes a development development the remaining property concept exhibit for the remaining property 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Variance Exhibit Site Plan Review Summary No. 7, dated February 27, 2008 (E) (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) SPIN Meeting Report – December 3, 2007 (I) Ordinance No. 480-544 (J) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Clayton Comstock (748-8269) Case No. ZA07-087 BACKGROUND INFORMATION OWNER: Mendez Ltd. APPLICANT: Blake Architects PROPERTY SITUATION: 918 E. Southlake Blvd. LEGAL DESCRIPTION: Tract 3D3A, situated in the W.W. Hall Survey, Abstract No. 695 LAND USE CATEGORY: Office Commercial and Medium Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: No development activity has occurred on this site. A home currently exists on the tract and is proposed to remain at this time. 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 full-access drive. However, the existing off-site drive to the west is proposed to be converted to a right-in/right-out drive. Common access easements are also proposed to provide access to both the east and west. 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 & Carroll Ave) 24hr 21,518)22,913 West Bound (WB) ( East Bound (EB) () WB 1,1502,227 Peak A.M. () Peak P.M. () 5 – 6 11:15 – 12:15 EB 2,0941,609 Peak A.M. () 6:45 – 7:45 Peak P.M. () 3 – 4 The City of Southlake has recently undergone a study to determine the location and design for medians along Southlake Boulevard. A median opening with the potential for a traffic signal is proposed in the area of Case No. Attachment A ZA07-087 Page 1 the site. The applicant has aligned the proposed drive in the location of the median opening and with a conceptual street on the south side of E. Southlake Boulevard. Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Medical Office 18,558 670 36 9 18 50 *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 on the site is primarily directed to the southwest corner to a proposed detention pond. TREE PRESERVATION: There are only seven (7) trees shown to exist within the interior of the lot and all are shown to be removed except a 6” Post Oak that is within the west bufferyard and shown to be “Borderline” protected. A 22” Post Oak could be preserved if the three parking lot spaces in the northwest corner were not needed for required parking. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: Case No. Attachment A ZA07-087 Page 2 The land use designation is Office Commercial and the proposed development is consistent with this designation. Southlake Pathways Plan Recommendations The required 8 foot multi-use trail along Southlake Boulevard is shown on the plan. P&Z ACTION: December 6, 2007; Approved (6-1) subject to Site Plan Review Summary No. 5, dated November 30, 2007; approving requested variances for parking and driveway spacing. COUNCIL ACTION: December 18, 2007; Approved to table first reading until January 15, 2008. January 15, 2008; Approved first reading (4-0) subject to Site Plan Review Summary No. 6, dated January 9, 2008; granting the requested variances; accepting the applicant’s willingness to save an existing 22- inch Oak tree next to the building. nd February 5, 2008; Approved to table 2 reading until February 19, 2008. nd February 19, 2008; Approved to table 2 reading until March 4, 2008. STAFF COMMENTS: Attached is Site Plan Review Summary No. 7, dated February 27, 2008. N:\Community Development\MEMO\2007cases\07-087ZSP.doc Case No. Attachment A ZA07-087 Page 3 Case No. Attachment B ZA07-087 Page 1 “S-P-1” Letter Case No. Attachment C ZA07-087 Page 1 Variance Letter Case No. Attachment C ZA07-087 Page 2 New Site Plan dated 2/21/08 Case No. Attachment C ZA07-087 Page 3 Previous Site Plan dated 1/07/08 Case No. Attachment C ZA07-087 Page 4 Previous Site Plan dated 11/19/07 Case No. Attachment C ZA07-087 Page 5 Building Elevations dated 2/21/08 Case No. Attachment C ZA07-087 Page 6 Tree Conservation Plan dated 11/19/07 Case No. Attachment C ZA07-087 Page 7 Landscape Plan dated 2/21/08 Case No. Attachment C ZA07-087 Page 8 Variance Exhibit Requests up to a 10% parking reduction Proposing that no buffeyard or screening be required Driveway Spacing: Req’d = 500 feet Prov. = 186 feet Case No. Attachment D ZA07-087 Page 1 SITE PLAN REVIEW SUMMARY ZA07-087SIx1/09/08 Case No.: Review No.: Date of Review: Site Plan Project Name: - Mendez Ltd. APPLICANT: Mendez Ltd. ARCHITECT: Blake Architects Skip Blake 1344 Lakeview Drive 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 329-0389 Phone: (817) 488-9397 Fax: Fax: (817) 251-3205 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 BEN BRYNER AT (817) 748-8602. 1. Provide the minimum driveway spacing between the proposed drive and the drives off-site in either direction. A minimum distance of 500 feet is required between centerlines for full- (A access drives. The distance may be reduced to 250 feet for right-in/right-out drives. variance has been requested for the distance to the drive to the east.) Please verify that TxDOT will be able to approve the drive. 2. The following changes are needed regarding the proposed development regulations: a. Revise to include the type of screening and bufferyard intended next to future residential property as shown on the plan. b. A regulation needs to be added to allow the zero setback line along the west boundary as shown on the plan. 3. Label the nearest distance from the west boundary to each the adjacent building and to each corner of the existing building. Distances and construction must comply with applicable adopted international codes. 4. Adjust the plan such that all improvements are within the zoning and proposed lot boundary. 5. The following changes are needed with regard to bufferyards and interior landscaping: a. Correct the north bufferyard to a 10’ – Type “F-1” bufferyard. Correct the Bufferyard Calculation Chart. b. Correct the Bufferyard Calculation Chart and Interior Landscape Chart per the Landscape Administrator’s comments below. Case No. Attachment E ZA07-087 Page 1 6. Show and label all proposed easements. Common access easements and utility easements must be shown and labeled. 7. Update all supporting plans to reflect revisions. INFORMATIONAL COMMENTS * No review of the off-site development concept exhibit for the remaining property has been provided. The concept exhibit is intended for discussion purposes only. No approval is intended or implied. * A copy of the off-site CAE for the residential access to the adjacent property must be submitted to the City. * 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. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "O-1" Zoning District. The impervious coverage area percentage of this is approximately 65%. * 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 WATER AND SANITARY SEWER COMMENTS: * TxDOT approval is required for all connections to utilities in the TxDOT ROW. DRAINAGE COMMENTS: * 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. * This property drains into Critical Drainage Structure 23 and requires a fee to be paid prior to beginning construction. ($309.83 / Acre) Case No. Attachment E ZA07-087 Page 2 * 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 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. Tree Preservation – Landscape Administrator TREE CONSERVATION COMMENTS: 1. There are only seven (7) trees shown to exist within the interior of the lot and all are shown to be removed except a 6” Post Oak that is within the west bufferyard and shown to be “Boarderline” protected. A 22” Post Oak could be preserved if the three parking lot spaces in the northwest corner were not needed for required parking. BUFFERYARDS: 1. The applicant is proposing a 10’-A type bufferyard along the north property line adjacent to the property to the north which is shown to be currently zoned Agricultural/Medium Density Residential. A 10’-F1 type bufferyard would normally be required adjacent to Agricutural/Medium Density Residential zoned property. 1. The applicant is requesting a variance to omit the east 5’-A bufferyard along the east property line and the south 5’-A bufferyard adjacent to the north parking lot area of the existing building, Building “A”. USE OF BUFFERYARDS – A bufferyard may be used for passive recreation, such as pedestrian, bike, or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, Case No. Attachment E ZA07-087 Page 3 swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. If a variance is provided to omit the two bufferyards it is recommended that the plant material required for the length of the two bufferyards be provided elsewhere on the development site. LANDSCAPE SUMMARY CHART: 1. The plant material shown to be Required and Provided within the North bufferyard is incorrect. Please provide the at least the minimum amount of plant material required for the length and type of the bufferyard. 2. The plant material calculations shown in the Interior Landscape Chart and Bufferyard Landscape Chart provided on the Landscape Plan do not match the landscape charts provided on the Site Plan. Please make sure that all portions of the landscape calculations match and that the landscape plan conforms to the required calculations. LANDSCAPE PLAN: 1. The Interior Landscape Summary Chart plant material calculations provided on the Landscape Plan are incorrect. Based on the required interior landscape area the minimum amount of plant material required is as follows. Please correct the interior landscape plant material calculations. Landscape % of Area In Canopy Accent Shrubs Ground Seasonal Area Front & Side Trees Trees Cover Color Require9,776 75% (6,959 19 39 244 1,466 196 d SF) 2. The north bufferyard type and plant material calculations are incorrect. The required bufferyard is a 10’-F1 bufferyard and a 20% reduction in plant material cannot be taken because the bufferyard width is not 20’ for full length of the bufferyard. 3. The 58.75’ west bufferyard type and plant material calculations are incorrect. The west bufferyard is required to be a 10’-F1 bufferyard. 4. The 272.81’ south bufferyard length and plant material calculations are incorrect. The total distance of the south lot line and required bufferyard is 191.53’. Southlake 2025 – Comprehensive Plan Consolidated Land Use Plan Recommendations The land use designation is Office Commercial and the proposed development is consistent with this designation. Case No. Attachment E ZA07-087 Page 4 Southlake Pathways Plan Recommendations The required 8 foot multi-use trail along Southlake Boulevard is shown on the plan. Case No. Attachment E ZA07-087 Page 5 Surrounding Property Owners Mendez LTD. SPO # Owner Zoning Land Use Acreage Medium Density Residential 1. Minor, Jason B Etux Stephenie SF20A 0.619 Medium Density Residential 2. Ferris, Kristopher Etux Tanya SF20A 0.668 Medium Density Residential 3. Kim, Justin Bruce SF20A 0.471 Medium Density Residential 4. Capello, Juan J SF20A 0.495 Medium Density Residential 5. Yeager, Matthew Etux Karen SF20A 0.477 Medium Density Residential 6. Lucena, Jose Edgar Etux Maria SF20A 0.49 Medium Density Residential 7. Sell, Marilyn G SF20A 0.592 Medium Density Residential 8. Sullivan, Stephen Etux Sandra SF20A 0.46 Office Commercial 9. Greenway Crestwood Partners SP2 2.414 Office Commercial 10. East Southlake #1 Ltd SP1 1.874 Medium Density Residential 11. Stout, Christopher A Etux Deni SF20A 0.623 Medium Density Residential 12. Mattlage, Mark SF20A 0.493 Medium Density Residential 13. Teague, Amanda Etvir Jeffrey T SF20A 0.43 Medium Density Residential 14. Debaro, James W Jr SF20A 0.437 Medium Density Residential 15. Slavik, William Etux Kimberlee SF20A 0.436 Medium Density Residential 16. Akers, Diane Etvir Thomas SF20A 0.43 Medium Density Residential 17. Naugher, Loran Jr & Nan T SF20A 0.433 Medium Density Residential 18. Blair, Randell T SF20A 0.481 Medium Density Residential 19. Mendez Ltd AG 3.206 Medium Density Residential 20. Strunck, Juergen F Etux Gisela AG Office Commercial3.275 Medium Density Residential 21. Mendez Ltd SF1-A Office Commercial3.401 Medium Density Residential 22. Mendez Ltd AG Office Commercial7.998 Medium Density Residential 23. Vision SW Silverlake Llc C3 0.551 Medium Density Residential 24. Vision SW Silverlake Llc C3 2.819 Medium Density Residential 25. Vision SW Silverlake Llc AG 4.215 Case No. Attachment F ZA07-087 Page 1 Medium Density Residential 26. Rcp Southlake Blvd #2, Ltd AG 16.34 Case No. Attachment F ZA07-087 Page 2 Surrounding Property Owner Responses Mendez LTD. Notices Sent: Twenty-six (26). Responses Received: Four (4).  Marilyn Sell (SPO #7), 808 Cross Lane, submitted a Notification Response Form in Opposition on December 3, 2007 (see attached).  Juergen & Gisela Strunck (SPO #20), 200 N. Carroll Ave, submitted a Notification Favor Response Form in on December 7, 2007 (see attached)  Jason & Stephanie Minor (SPO #1), 810 Gateshead Ct., submitted a Notification Favor Response Form in on December 7, 2007 (see attached)  Diane & Thomas Akers (SPO #16), 900 Ownby Lane, submitted a Notification Undecided Response Form stating on December 7, 2007 (see attached) Case No. Attachment G ZA07-087 Page 1 Case No. Attachment G ZA07-087 Page 2 Case No. Attachment G ZA07-087 Page 3 Case No. Attachment G ZA07-087 Page 4 Case No. Attachment G ZA07-087 Page 5 SPIN MEETING REPORT CASE NO. ZA07-087 PROJECT NAME: Mendez LTD Medical Offices at 918 E. Southlake Blvd SPIN DISTRICT: 10 MEETING DATE: Monday, December 3, 2007 at 6:00PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Approximately 20  SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (9E) and Vic Awtry (10)  APPLICANT(S) PRESENTING: Angelo Mendez, Skip Blake, Roger Hart, Keith Hamilton  STAFF PRESENT: Planner Clayton Comstock and Assistant to the City Manager Allison Ortowski STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us EXECUTIVE SUMMARY About ten (10) residents attended the citywide SPIN meeting for a proposed medical office building on the north side of E. Southlake Blvd between Foxborough Ln and N. Carroll Ave. This “S-P-1” Zoning Change & Site Plan proposal is for the development of a single-story medical office building of 18,558 square feet on approximately 2.28 acres. The proposed building will match the architectural style and color of the existing building immediately west of this site. The development proposes to:  Provide a landscaped buffer between the property and the Foxborough residents to the northwest;  Leave the remainder of the property undisturbed for the time being Although many concerns were raised, none in attendance verbalized any major objections to the development. QUESTIONS & DISCUSSION Is the assisted living development out of the plan? QUESTION: Yes; this plan is only for one single-story office building. RESPONSE: What is the long term plan for the other undeveloped tracts? QUESTION: We do not have any plans for the remaining portion of the property at this time. RESPONSE: Did the Planning & Zoning Commission request that you return with an integrated and QUESTION: comprehensive approach to developing this land when this property was reconsidered? What is the land use designation of the portion of this property that is proposed to be QUESTION: Case No. Attachment H 1 ZA07-087 Page developed with this application? Is the requested zoning compatible with the future land use designation? The proposed zoning does comply with the designated land use of “Office Commercial.” RESPONSE: The land use designation on the remainder (rear) of the property is “Medium Density Residential.” -- Answered by Staff Is the greenbelt [buffer] required in order to obtain your minimum impervious QUESTION: coverage requirements or is it additional open space? There is an existing drainage problem on Cross Lane and there was concern CONCERN: expressed that this development will increase the drainage onto residents living on that street. Specifically, the existing pond at the rear of the subject property overflows during heavy rains. Can you grade the property to drain away from the adjoining properties? 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 H 2 ZA07-087 Page CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-544 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 3D3A, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING APPROXIMATELY 2.28 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 I 1 ZA07-087 Page 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 I 2 ZA07-087 Page 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 3D3A, situated in the W.W. Hall Survey, Abstract No. 695, and being approximately 2.28 acres, and more fully and completely described in Exhibit “A” Case No. Attachment I 3 ZA07-087 Page 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 I 4 ZA07-087 Page 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 I 5 ZA07-087 Page 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. ________________________________ MAYOR Case No. Attachment I 6 ZA07-087 Page ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment I 7 ZA07-087 Page EXHIBIT “A” Being Tract 3D3A, situated in the W.W. Hall Survey, Abstract No. 695, and being approximately 2.28 acres. *** Space reserved for Metes and Bounds Description *** Case No. Attachment I 8 ZA07-087 Page EXHIBIT “B” “S-P-1” Letter Reserved for Final S-P-1 Zoning Letter Case No. Attachment I 9 ZA07-087 Page Variance Letter Case No. Attachment I 10 ZA07-087 Page Site Plan Reserved for Approved Site Plan Case No. Attachment I 11 ZA07-087 Page Building Elevations Case No. Attachment I 12 ZA07-087 Page Tree Conservation Plan Case No. Attachment I 13 ZA07-087 Page Landscape Plan Case No. Attachment I 14 ZA07-087 Page Variance Exhibit Proposing that a total of 113 spaces only be required Proposing that no buffeyard or screening be required Driveway Spacing: Req’d = 500 feet Prov. = 186 feet Case No. Attachment I 15 ZA07-087 Page