Loading...
Item 6ECity of Southlake Department of Planning & Development Services S T A F F R E P O R T March 28, 2007 ZA07-004 CASE NO: Zoning Change and Concept Plan for Image Business Park PROJECT: REQUEST: On behalf of Don Alan Thomas, Sun Coast Architects is requesting approval of a zoning change from "S-P-2" generalized site plan district to "S-P-2" generalized site plan district. The property is located at the southeast intersection of Crooked Lane and S. Kimball Avenue. The current “S-P-2” zoning generally follows the "I-1" light industrial district uses and regulations to include indoor and outdoor soccer facilities. The proposed “S-P-2” zoning proposes “I-1” light industrial district regulations with limited “I-1” uses to include office-showrooms and sports training facilities. The concept plan proposes the development of five office/warehouse buildings totaling approximately 93,732 square feet on approximately 12.45 acres. DPS Comments The Department of Public Safety has requested that the streets within this development be public roads. This will allow the buildings to be addressed off a unique street name versus a S. Kimball Avenue (which is the case for a private drive). Southlake Fire Service in the past has had a problem in locating commercial businesses where numerous buildings are located off of a public road and accessed by private access easements. When Fire Service is dispatched to a call it is by address and the business name. As they respond to that address it is necessary that they be able to locate the address in a timely manner. When a business is located off the roadway it becomes very difficult to locate the exact address, especially at night. This is why the fire code requires that all addresses be visible from the street or road fronting the property so we are not delayed in our response to an emergency call. DPS believes that giving each building a unique address provides better response times. Also, requiring public roads ensures that access to the site is maintained. A private access easement or private drive creates issues on who will maintain the striping and who will keep the access repaired due to the truck traffic on these easements that serve multiple buildings. When a city street serves these buildings they are maintained by the city and addressed on that street, which makes our response quicker and keeps us from having to hunt for the correct building off of a city street. Case No. ZA 07-004 The applicant requests approval of the “S-P-2” uses and regulations and proposes the following:  The permitted uses and development regulations will follow the "I-1" Light Industrial District with the following exceptions: The following uses shall not be permitted: Blacksmithing or Horse Shoeing; o Broom Manufacturing; Candle Manufacturing; Creamery and Dairy Product Manufacturing; Egg Storage, Candling, Sorting and Grading; Farrier; Feed Stores; Ice Manufacturing and Bulk Ice Storage. The following additional uses shall be permitted: Office/Showroom with o associated sales and Recreational Training Facilities (i.e. Gymnastics, Dance & Cheerleading Training). Up to a 10% reduction in required parking shall be permitted. o Footprints/square footages may be modified provided that in no case shall o the impervious coverage exceed the percentage allowed by the "I-1" zoning district. One (1) loading space only shall be required for each lot. o The following variances are being requested:  Driveway stacking depth - The minimum stacking depth required for proposed Lot 1 is 75 feet. The applicant is providing approximately 60 feet of stacking.  Street R.O.W. Width - The minimum R.O.W. width for local commercial streets is 60 feet. The applicant is providing a R.O.W. width of 40 feet. At the March 20, 2007 City Council meeting, the following information was requested to be addressed at the second reading: Item Comments Evaluate pedestrian/vehicular access to Dragon The applicant has provided a 5 ft concrete sidewalk for 1. pedestrian access to Dragon Stadium. Stadium Change EFIS to concrete stucco The applicant has verbally agreed to use concrete stucco. If 2. the zoning & concept plan are approved, this requirement should be added into the motion. Pond to be detention/retention pond The applicant has not identified retention for the pond and 3. will be discussing the issue at the meeting. Fencing – masonry or wrought iron & green The applicant is proposing an 8 ft pre-fabricated, brick 4. stamped concrete wall adjacent to lot as long as the property screen (not wood fencing) retains the residential use. If the zoning & concept plan are approved, any conditions placed on the fencing should be added into the motion. Cross access connection to the flag from Dragon The applicant is not providing a common access easement 5. and will be discussing the issue at the meeting. Stadium Case No. ZA 07-004 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Concept Plan Review Summary No. 4, dated March 28, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Meeting Summary Report (H) Ordinance No. 480-517 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA 07-004 BACKGROUND INFORMATION OWNER: Don Alan Thomas APPLICANT: Sun Coast Architects PROPERTY SITUATION: The property is located at 2301 Crooked Lane on the southeast corner at the intersection of S. Kimball Avenue and Crooked Lane. LEGAL DESCRIPTION: Tract 1, Green Meadow Subdivision LAND USE CATEGORY: Industrial CURRENT ZONING: "S-P-2" Generalized Site Plan District with “I-1” Light Industrial uses to include indoor/outdoor soccer fields, restaurant and retail uses, and other associated support services; and specifically prohibiting sexual oriented businesses REQUESTED ZONING: "S-P-2" Generalized Site Plan District with limited "I-1" Light Industrial District uses HISTORY: -A final plat was approved by the City Council for the Green Meadow subdivision on December 3, 1974. -The “I-1” zoning was placed on the property with the approval of Zoning Ordinance No. 480 on September 19, 1989. -A change of zoning from "I-1" to "S-P-2" was approved by City Council on May 7, 2002. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends S. Kimball Avenue to be a 4-lane, divided arterial street with 88’ of right-of-way. Adequate right-of-way exists for this roadway. S. Kimball Avenue is designated as a boulevard on the Street Typology Map. Existing Area Road Network and Conditions The development proposes to have two (2) street intersections accessing directly onto S. Kimball Avenue. The new lots will access only onto the new proposed streets. South Kimball Avenue is a 4-lane, divided arterial street. Crooked Lane exists primarily as a north/south 2-lane, undivided local street. There are no plans for expansion of this road. Case No. Attachment A ZA 07-004 Page 1 May 2006 traffic counts on Crooked Lane (between S. Kimball Ave and Continental Blvd) 24hr South Bound (SB) (1438) North Bound (NB) (1591) SB Peak A.M. (200) 7:45 – 8:45 am Peak P.M. (210) 3:45 – 4:45 pm NB Peak A.M. (223) 7:45 – 8:45 am Peak P.M. (162) 3:30 – 4:30 pm No traffic counts currently exist for the S. Kimball Avenue between Crooked Lane and E. Continental Boulevard. Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Business Park 93,732 1,196 113 21 28 93 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the weekday peak travel times on S. Kimball Avenue. PATHWAYS MASTER PLAN: A 6-foot sidewalk is required along the west side of S. Kimball Avenue. An on- street bikeway is also planned on S. Kimball Avenue. The concept plan shows a 6-foot sidewalk along the east side of S. Kimball Avenue and the south side of Crooked Lane. The concept plan also shows 5-foot sidewalks along the proposed streets. WATER & SEWER: A 12-inch water line currently exists along the east side of S. Kimball Avenue. An 8-inch sanitary sewer line currently exists along the west side of S. Kimball Avenue. DRAINAGE ANALYSIS: Drainage from this site will be directed to the proposed detention pond at the north end of the development. The outfall of the pond will be to the existing storm sewer system in South Kimball Avenue. TREE PRESERVATION: The grading across the site is very extensive and will cause for most of the interior trees to be removed. It looks like the only trees that would possibly be preserved are immediately adjacent to Crooked Lane and possibly along South Kimball Avenue. The locations of the on-site utilities go through trees that are existing within the interior of the site. Because the grading across the site is so extensive most of these trees would need to be removed but if any of these trees are being proposed to be preserved please assess the utilities layout to avoid the trees. The sanitary sewer goes through trees shown to be preserved on Lots 1, 2, 3 and 4. The water line goes through trees shown to be preserved on Lots 1, 2, 3 and 5. The storm sewer goes through tree shown to be preserved on Lots 1, 3 Case No. Attachment A ZA 07-004 Page 2 and 4. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The land use designation is Industrial and the proposed development is consistent with this designation. Environmental Resource Protection (ERP) Plan Recommendations Although not required by ordinance, the ERP Plan recommends preserving trees where feasible and incorporating landscape features into new developments. Consider altering the site design to preserve some of the trees. The applicant has revised the layout of Lot 1 to preserve trees. Mobility & Master Thoroughfare Plan Recommendations Sidewalks are required along all public streets, including the internal streets o and along Crooked Lane. The applicant has provided sidewalks along all streets. Although not required by ordinance, sidewalks are recommended along the o firelanes in front of the buildings to provide easy pedestrian access on the site. Although not required by ordinance, access to the Carroll ISD site is o recommended (if feasible). The applicant has indicated that there are significant grade issues preventing a connection. P&Z ACTION: March 8, 2007; Approved (5-0) subject to Concept Plan Review Summary No. 3, dated March 2, 2007; approving the variances for stacking on Lot 1 and the Right-of-Way; adding Sexually Oriented Businesses to be on the list of excluded uses; and including and accepting the revised concept plan for Lot 5 as distributed and presented this evening. COUNCIL ACTION: March 20, 2007; Approved 1st Reading (7-0) subject to P&Z recommendations; concept plan review summary; evaluate pedestrian/vehicular access to Dragon Stadium; change EFIS to concrete stucco; pond to be detention/retention pond; fencing – masonry or wrought iron & green screen (not wood fencing); cross access connection to the flag from Dragon Stadium; granting variances. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated March 28, 2007. N:\Community Development\MEMO\2007cases\07-004ZCP.doc Case No. Attachment A ZA 07-004 Page 3 Case No. Attachment B ZA 07-004 Page 1 Previously Approved Concept Plan Case No. Attachment C ZA 07-004 Page 1 Case No. Attachment C ZA 07-004 Page 2 Case No. Attachment C ZA 07-004 Page 3 Case No. Attachment C ZA 07-004 Page 4 Previously Submitted Concept Plan Case No. Attachment C ZA 07-004 Page 5 Revised Concept Plan Case No. Attachment C ZA 07-004 Page 6 Conceptual Building Design Case No. Attachment C ZA 07-004 Page 7 Case No. Attachment C ZA 07-004 Page 8 Tree Conservation Analysis Case No. Attachment C ZA 07-004 Page 9 Grading (Cut/Fill) Exhibit Case No. Attachment C ZA 07-004 Page 10 Landscape Plan Case No. Attachment C ZA 07-004 Page 11 CONCEPT PLAN REVIEW SUMMARY ZA07-004Four03/28/07 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Image Business Park (Tract 5, Green Meadow Subdivision) OWNER: ARCHITECT: Sun Coast Architects, LLC Don Allen Thomas F.C. LeVrier 7272 E. Gainey Ranch Rd, Suite 56 1725 E. Southlake Blvd, Suite 100 Scottsdale, AZ 85258 Southlake, TX 76092 Phone: (480) 663-3638 Phone: (817) 424-4277 Fax: Fax: (817) 329-7177 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/26/07 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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. (A variance has been 1)Provide the minimum stacking depth for the drive located on Lot 1 (75 ft). requested.) 2)Provide the minimum R.O.W. width for a local commercial street. The required R.O.W. width is 60'. (A variance has been requested.) If the variance is approved, staff recommends placing 10' U.E. on both sides of the street to allow for utilities. 3)The following changes are needed with regard to easements: a)Show and label all existing easements, if any, and all proposed easements on the concept plan. b)Provide a pedestrian access easement for all sidewalks along the street frontages of the new proposed street as the sidewalks are located on the individual lots and not within the street R.O.W. 4)The Plat Showing as a component of the zoning & concept plan submittal does not meet the submission requirements for a plat. A Preliminary Plat and Final Plat are required to be submitted (with a completed application and fee) and approved prior to any construction on the property. 5)Staff recommends changing the added uses in “S-P-2” zoning document to be more specific such as The following additional uses shall be permitted: Office-Showroom with associated sales and “ Indoor Recreational Training Facilities to include Gymnastics, Dance, Cheerleading and other similar sports training programs.” Case No. Attachment D ZA 07-004 Page 1 INFORMATIONAL COMMENTS A fully corrected plan that includes all associated support plans/documents and conditions of * approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. All development must comply with the City’s Drainage Ordinance No. 605 and detain all post * development run-off. * The applicant should be aware that prior to issuance of a building permit a 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. * A portion of this site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards” as well as the Corridor Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Note that these issues are only the major areas of Council prior to issuance of a building permit. site plan review and that the applicant is responsible for compliance with all site plan requirements: •Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. •Roof design standards per § 43.13b, Ordinance 480, as amended •Mechanical Equipment Screening •Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. •Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. •Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. •Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. •Screening as per §39.4, Ordinance 480, as amended. •Interior landscaping per Landscape Ordinance No. 544. •Fire lanes must be approved by the City Fire Department. N:\Community Development\REV\2007\07-004ZCP2.doc Case No. Attachment D ZA 07-004 Page 2 Case No. ZA07-004 Review No. 3 Dated: 3/27/07 Number of Pages: 1 Project Name: (Image Business Park) Lot 1, Green Meadow Subdivision -- Zoning Change and Concept Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077 Email: ctaylor@ci.southlake.tx.us The following comments are based on the review of plans received on 2/20/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: * Public water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All water and sanitary sewer lines in easements or in the ROW shall be constructed to City standards. DRAINAGE COMMENTS: * Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Radius pipe is required for storm sewer underneath the pavement – 18” RCP minimum. * There is no Critical Drainage Structure fee for this development. * 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) 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. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * 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 will be required for all public improvements proposed with this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Case No. Attachment D ZA 07-004 Page 3 Case No Review No.Dated: Number of Pages: . 07-004 Three March 26, 2007 1 Project Name: Image Business Park – 2301 Crooked Lane (Zoning – Concept Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on February 19, 2007 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== TREE CONSERVATION COMMENTS: 1. The grading across the site is very extensive and will cause for most of the interior trees to be removed. It looks like the only trees that would possibly be preserved are immediately adjacent to Crooked Lane and possibly along South Kimball Avenue. Please provide a clearer Tree Conservation Plan that shows which trees are proposed to be preserved and which trees will be removed. A color plan is preferred. Trees to be removed colored Red, trees to be preserved colored Green, trees whose preservation is questionable colored Yellow. 2. The locations of the on-site utilities go through trees that are existing within the interior of the site. Because the grading across the site is so extensive most of these trees would need to be removed but if any of these trees are being proposed to be preserved please assess the utilities layout to avoid the trees. The sanitary sewer goes through trees shown to be preserved on Lots 1, 2, 3 and 4. The water line goes through trees shown to be preserved on Lots 1, 2, 3 and 5. The storm sewer goes through tree shown to be preserved on Lots 1, 3 and 4. LANDSCAPE PLAN: 1. Please label the lots on the Landscape Plan. 2. If a Site Plan is submitted for the development please label types or species of all the plant material. Case No. Attachment D ZA 07-004 Page 4 COMPREHENSIVE PLAN REVIEW SUMMARY ZA07-004Three3/27/07 Case No: Review No.: Date of Review: Project: Lot 1, Green Meadow Subdivision Application Type: Zoning Change and Concept Plan Contact: Jenny Crosby Phone: (817) 748-8195 Email: jcrosby@ci.southlake.tx.us Consolidated Land Use Plan Recommendations The land use designation is Industrial and the proposed development is consistent with this designation. Environmental Resource Protection (ERP) Plan Recommendations Although not required by ordinance, the ERP Plan recommends preserving trees where feasible and o incorporating landscape features into new developments. Consider altering the site design to preserve some of the trees. The applicant has revised the layout of Lot 1 to preserve trees. Mobility & Master Thoroughfare Plan Recommendations Sidewalks are required along all public streets, including the internal streets and along Crooked Lane. o The applicant has provided sidewalks along all streets. Although not required by ordinance, sidewalks are recommended along the firelanes in front of the o buildings to provide easy pedestrian access on the site. Although not required by ordinance, access to the Carroll ISD site is recommended (if feasible). The o applicant has indicated that there are significant grade issues preventing a connection. Southlake Pathways Plan Recommendations The required sidewalk along Kimball Avenue is shown. o Case No. Attachment D ZA 07-004 Page 5 Surrounding Property Owners Image Business Park SPO # Owner Zoning Land Use Acreage Industrial 1. Current Owner I1 0.892 Industrial 2. Current Owner I1 6.992 Industrial 3. Current Owner I1 1.463 Medium Density Residential 4. Memo International, Inc I1 3.708 Industrial 5. Thomas, Don Alan SP2 14.563 Industrial 6. Vario Properties Lp I1 3.665 Industrial 7. Kimball Road Extension Ltd I1 3.967 Industrial 8. Elite Suites Ltd I1 1.528 Industrial 9. K & D Development I1 0.567 Industrial 10. Slj Hart Ltd I1 1.483 Industrial 11. North Main Partnership I1 1.8 Industrial 12. Latigo Property No 22 I1 1.773 Industrial 13. Latigo Property No 22 I1 1.581 Industrial 14. St John Bapt Ch Grand Prairie I1 2.663 Case No. Attachment E ZA 07-004 Page 1 Industrial 15. Latigo Property No 22 Ltd I1 0.969 Industrial 16. Latigo Property No 22 Ltd I1 1.475 Industrial 17. Latigo Roperty No 22 I1 0.88 Industrial 18. Latigo Property No 22 I1 0.828 Industrial 19. Latigo Property No 22 I1 0.996 Industrial 20. St John's Baptist Church Gp CS 9.984 Low Density Residential 21. Pearson, Carey Etux Kelly SF1-A 2.804 Low Density Residential 22. Pearson, Carey Etux Kelly SF1-A 2.271 Low Density Residential 23. Wood, Charles Etux Margaret SF1-A 2.447 Public/Semi-Public 24. Carroll ISD SP1 34.304 Low Density Residential 25. Sapp, Juanita SF1-A 0.883 Industrial 26. Kaposta, Louis J Etux America AG 3.009 Case No. Attachment E ZA 07-004 Page 2 Surrounding Property Owner Responses Image Business Park Notices Sent: Twenty-six (26) Responses Receive: Two (2)  Memo International, Inc. Favor 722 S Kimball Ave, submitted a Notification Response Form in on February 28, 2007 (attached).  K&D Development,Favor PO Box 1381, submitted a Notification Response Form in on March 2, 2007 (attached). Case No. Attachment F ZA 07-004 Page 1 Case No. Attachment F ZA 07-004 Page 2 Case No. Attachment F ZA 07-004 Page 3 SPIN MEETING REPORT CASE NO. ZA07-004 PROJECT NAME: Image Business Park Southeast corner of S. Kimball Avenue and Crooked Lane SPIN DISTRICT: 7 MEETING DATE: 8:30PM, February 26, 2007 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Approximately Eight (8)  SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (9e)  APPLICANT(S) PRESENTING: F.C. LeVrier  STAFF PRESENT: Planner Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us APPLICANT PRESENTATION SUMMARY  Zoning request is for “S-P-2” with office warehouse and showroom uses Uses to also include dance studios, gymnastics facilities and cheerleading school o 5 lots total with a dedicated public street running through the property o Is currently zoned “S-P-2” with soccer facility uses o Each lot will have to go through the site plan process before development – this is a conceptual plan at o this point  The idea is to have an industrial business park that has a “campus” feel Internal sidewalks and along Kimball Avenue o Considerable landscaping o New 8-foot fence along the northeast corner of the property o  All drainage on the property will go into the Kimball storm drainage system Regarding will take water away from the property to the north o QUESTIONS & DISCUSSION Is that a 40-foot street within the development? QUESTION: RESPONSE: The 40-foot Right-of-Way will be a City street and built to city street standards. When do you start? QUESTION: What will happen to the many coyotes on the property? QUESTION: Will the development be phased out? QUESTION: RESPONSE: Yes. Each lot will be required to come back for site plan approval as they develop. Case No. Attachment G ZA 07-004 Page 1 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 ZA 07-004 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-517 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 1, GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY 14.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH LIMITED “I-1” LIGHT INDUSTRIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan Case No. Attachment H ZA07-004 Page 1 District under the City’s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment H ZA07-004 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 1, Green Meadow Subdivision, an addition to the City of Southlake as recorded in Volume 388-96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 14 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with limited “I-1” Light Industrial District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. Case No. Attachment H ZA07-004 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. 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 Case No. Attachment H ZA07-004 Page 4 of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall 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. Case No. Attachment H ZA07-004 Page 5 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 20th day of March, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment H ZA07-004 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-004 Page 7 EXHIBIT “A” Being Tract 1, Green Meadow Subdivision, an addition to the City of Southlake as recorded in Volume 388- 96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 14 acres. Case No. Attachment H ZA07-004 Page 8 EXHIBIT “B” Case No. Attachment H ZA07-004 Page 9 Case No. Attachment H ZA07-004 Page 10 Case No. Attachment H ZA07-004 Page 11 Concept Plan Case No. Attachment H ZA07-004 Page 12 Conceptual Building Elevations Case No. Attachment H ZA07-004 Page 13 Case No. Attachment H ZA07-004 Page 14 Tree Conservation Analysis Case No. Attachment H ZA07-004 Page 15 Grading (Cut/Fill) Exhibit Case No. Attachment H ZA07-004 Page 16 Landscape Plan Case No. Attachment H ZA07-004 Page 17