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Item 8ACity of Southlake Department of Planning S T A F F R E P O R T May 10, 2006 ZA05-142 CASE NO: Zoning Change and Development Plan for proposed Continental Greens PROJECT: REQUEST: On behalf of Timothy Livingston, James Arca, Larry Overby, and David Boles, Cary Clarke Homes, Inc. is requesting approval of a zoning change and development plan from “AG” Agricultural District, “SF-30” Single-Family Residential District, and “SP- 1” Detailed Site Plan District to a “TZD” Transition Zoning District. The property is a 9.41 acre tract located at 2020 - 2300 West Continental Boulevard, approximately 200 feet east of its intersection with Davis Blvd. The proposed development consists of 30 residential lots, 4 office pads on 2 lots, and 1.81 acres of open space. The proposed development is intended to meet the purpose, intent, and development standards of the newly created Transition Zoning District. To this end, the development proposes two of the three TZD components – the Neighborhood Edge (office uses) and the Neighborhood (residential uses). The Neighborhood Edge is to be located along Continental Blvd. immediately adjacent to the existing shopping center to the west of the property and the remainder of the property is designated as the Neighborhood. The Neighborhood component proposed includes 30 Cottage residential units that are between 2500 and 3800 square feet and a total of 1.81 acres (20% net; 19% gross) in open space. 1. Conduct public hearing ACTION NEEDED: 2. Consider zoning change and development plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Development Review Summary No. 4, dated April 7, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-487 (H) Full Size Plans/Design Book (To be forwarded to City Council members prior to the scheduled meeting) STAFF CONTACT: Ken Baker (748-8067) Jay Narayana (748-8070) Case No. ZA05-142 BACKGROUND INFORMATION OWNERS: Timothy Livingston, James Arca, Larry Overby, and David Boles APPLICANT: Cary Clarke Homes, Inc. PROPERTY SITUATION: The property is located at 2020 through 2300 W. Continental Blvd. LEGAL DESCRIPTION: Tracts 1B01A, 1B01A1, & 1B01B, T.J. Thompson Survey No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition LAND USE CATEGORY: Medium Density Residential with a Transition 2 overlay option. CURRENT ZONING: “AG” Agricultural District, “SF-30” Single Family Residential District, and “S-P-1” Detailed Site Plan District REQUESTED ZONING: “TZD” Transition Zoning District HISTORY: Zoning: A portion of the subject property (approximately 3 acres) located at 2030 W. Continental Blvd. was zoned ‘SP-1” Detailed Site Plan District (480-37) for a kennel on January 2, 1991. A portion of the subject property (approximately 1 acre) located at 2100 W. Continental Blvd. (Lot 1, T.J. Thompson Survey) was zoned “SF-30” Single-Family Residential District on February 7, 1995. The remaining two parcels (totaling approximately 5.8 acres) have “AG” Agricultural District zoning designation. Platting: A plat showing for Lot 1, T.J. Thompson Survey Abstract #1502 was approved on March 7, 1995. TRANSPORTATION Mobility &Master Thoroughfare Plan ASSESSMENT: The functional street classification of West Continental Boulevard is a 2-lane Collector with an 84’ R-O-W. The required twenty (20) feet of additional right-of-way is being dedicated with this proposal. Street Typology Recommendation: The street typology designation for this section of West Continental Blvd. is an Avenue. The design priorities outlined in the plan for Avenues are:  Medium to low pedestrian orientation with multi-use trails on one or both sides of the street providing connectivity between neighborhoods and to non-residential uses.  Usually lacking in curb-gutter. Case No. Attachment A ZA05-142Page 1  High level of resource protection with an emphasis on leaving the road as natural as possible by retaining any mature street trees along the roadway.  Limit intersection improvements to turn lanes and roundabouts where appropriate.  Narrow lane-widths conducive to lower-speed traffic.  Low access control due to existing nature of development along these corridors. Recommended Cross-Section for Continental Boulevard. Existing Area Roadway Network The proposed development will have three access points from West Continental Blvd. and will have an indirect access to Davis Boulevard through a common access easement with the strip shopping center to the west (Davis Boulevard Center). Continental Boulevard is currently a 2-lane cross-section without curb and gutter and with a left turn lane from the western edge of the site to Davis Boulevard. The capacity for a two-lane roadway is based on the ultimate desired level of service along the roadway. The capacities at levels of service “D”, “E”, and “F” are 8,400, 11,600, and 14,500 vehicles per day respectively. The acceptable level of service (as established by the Master Thoroughfare Plan) for Continental Boulevard is “E” with possible future addition of turn lanes at key intersections. The table below shows the traffic on this segment of Continental Boulevard from 2001 – 2005. 2001 2002 2003 2004 2005 Year 2005 2005 24-Hour Totals AM Peak PM Peak 196 597 West 2,017 3,080 3,557 3,882 3,775 Bound 11:15 - 12:15 5:15 - 6:15 417 260 East 2,186 3,552 3,240 3,531 3,439 Bound 7:30 - 8:30 5:30 - 6:30 Source: City of Southlake 2005 Traffic Report Case No. Attachment A ZA05-142Page 2 The traffic impact of the proposed development is as follows: Use No. of VTPD* AM AM PM PM Lots IN OUT IN OUT Residential 30 344 8 23 23 13 General Office (19,450 sq.ft.) 2 378 45 6 17 83 Total 722 53 29 40 96 *VTPD = Vehicle Trips Per Day In addition, the applicant has provided the city with a preliminary traffic analysis of the project in Attachment C. DRAINAGE ANALYSIS: Runoff from this development will sheet flow in the streets in two directions to two separate detention ponds along West Continental Blvd. Some off-site improvements are being proposed to the swales along Continental Boulevard to improve drainage flow in the vicinity of the site. WATER & SEWER: Water: A 12” water line exists along Continental Boulevard and the proposed development will connect to it. Sewer: The applicant is proposing to provide sewer to serve this development and tie into a 10-inch sanitary sewer line located at the intersection of Continental and Village Green Drive. Consolidated Land Use Plan SOUTHLAKE 2025 PLAN: 1 T-2 - T Continental Blvd. Continental Blvd. Blvd. Davis Blvd. T-2 Davis Underlying Land Use Designation: Optional Land Use Designation: Medium Density Residential Transition 2 (T-2) The underlying land use designation is Medium Density Residential and the optional land use designation is T-2. The proposed development is consistent with the recommended land use mix for the T-2 land use designation: Case No. Attachment A ZA05-142Page 3 Land Use Mix Table Use Required Proposed (Net) Proposed (Gross)* Office 10% ± 25% 14.62% 13.92% Residential 65% + 25% 65.18% 62.06% (includes streets/alleys) Open Space 15% + 15% 20.2% 19.23% *Percentages do not add up to 100% because the area being dedicated for Continental R.O.W. is not included The proposed development is consistent with the scale and context criteria provided for the T-2 land use category. Selected T-2 criteria from the Consolidated Land Use Plan are outlined below: Office uses are to be located along a major arterial, collector, or o immediately adjacent to existing retail uses. The office uses are along a connector and adjacent to existing retail uses to the west. Office uses are encouraged to be limited to professional offices that are 1- o 2 stories with footprints between 3,000 – 6,000 s.f. The office uses are limited to professional offices. The applicant has not indicated the maximum building footprint. Residential uses are to be located adjacent to proposed office and existing o residential neighborhoods. The residential uses are adjacent to the office uses and existing residential to the east. Emphasis shall be placed on preservation of existing wooded areas and o stream corridors. Open spaces shall be integrated with the development and occupy a prominent place in the development. The proposed common green preserves many of the trees on the property and serves as a center piece of the development. The proposed development is encouraged to establish an overall concept o and theme. The development application includes a statement of intent and purpose. The scale of development should encourage 1-2 story buildings which are o oriented toward the street, limiting the impact of surface parking lots. Buildings are oriented to the street. Inset/parallel parking stalls are provided in front of some of the cottages and the common green. Mobility Plan & Trail Plan Recommendations Enhance mobility by providing pedestrian, bicycle, and automotive o connectivity to within the development and to adjoining developments. The proposed development includes sidewalks throughout and provides pedestrian and automotive connectivity to the retail site to the west. Bicycle parking is provided at the office buildings. Case No. Attachment A ZA05-142Page 4 Environmental Resource Protection Recommendations (Tree Preservation) Protect and enhance critical environmental and natural features, with o particular emphasis on trees and floodplains. Specifically, the Environmental Resource Protection Map below identifies priority areas for protection. The proposed development plan preserves the majority of the trees  on the site and incorporates the centrally located trees into the common green. Encourage the use of native and adapted plants in landscaping. o Consider the use of native and adapted plants to reduce runoff, reduce water consumption, and reduce maintenance costs.  The applicant has proposed a palette of native and adapted landscaping materials for canopy trees, accent trees, and shrubs in conjunction with the development plan. P&Z ACTION: January 5, 2006; Approved to Table until January 19, 2006. January 19, 2006; Approved to Table until February 23, 2006. February 23, 2006; Approved to Table until March 9, 2006. March 9, 2006; Approved to Table until March 23, 2006. March 23, 2006; Approved to Table until April 20, 2006. April 20, 2006; Approved (4-0) subject to Development Review Summary No. 4, dated April 10, 2006, granting variances allowing paring in front of office buildings on the northwest corner; block size; front loaded garages on Case No. Attachment A ZA05-142Page 5 lots less than 60’ wide on the east; and, front loaded garages taking up more than 30% of the front façade width; Noting the applicant agreed not to allow banks, medical offices, or retail; Noting the applicant’s willingness to come up with a landscape concept plan for the primary entry median with both canopy and ornamental trees; and, noting the applicant’s willingness to design an appropriate masonry and landscaping fence along Continental Boulevard. COUNCIL ACTION: May 2, 2006; Approved to Table until May, 16, 2006. STAFF COMMENTS: Due to the unique and comprehensive informational requirements for all developments proposed within the Transition Zoning District (TZD), the applicant has provided a complete project report. This project report includes all the information as specifically required by Section 47. The information in the following sections is a summary of the critical elements of the submittal and please refer to the attached report for all details. Please note that the accompanying report is a part of the zoning application and will become a part of the ordinance upon project approval. PARK BOARD ACTION: Development in the Transition Zoning District is eligible for up to 100% credit on the required park dedication fees with Park Board recommendation and City Council approval (Section 47.6) based on the open space design criteria listed under Section 47.7(h). At their regular meeting on December 12, 2005, the Parks and Recreation Board recommended (8-0-1) granting the proposed development 100% credit of the required park dedication fees for the 1.61 acres of open space provided within the development with the following conditions: Developer provides some features such as walkways and pedestrian amenities. Any significant changes to use and/or design of the open space areas after the neighborhood is constructed and occupied shall come back to the Park Board for approval All landscaping materials should be complimentary to existing vegetation and a native palette of vegetation is recommended. N:\Community Development\MEMO\2005cases\05-142ZDP2.doc Case No. Attachment A ZA05-142Page 6 Case No. Attachment B ZA05-142Page 1 Purpose & Intent Case No. Attachment C ZA05-142Page 1 Case No. Attachment C ZA05-142Page 2 Proposed Transition District Development Standards Case No. Attachment C ZA05-142Page 3 Case No. Attachment C ZA05-142Page 4 Originally Submitted Development Plan Case No. Attachment C ZA05-142Page 5 Proposed Transition District Components Case No. Attachment C ZA05-142Page 6 Proposed Open Space and Pedestrian Plan Case No. Attachment C ZA05-142Page 7 Development Concepts Case No. Attachment C ZA05-142Page 8 Proposed Development Plan Case No. Attachment C ZA05-142Page 9 Main entry from Continental Case No. Attachment C ZA05-142Page 10 Concepts addressing adjacency to Continental Boulevard and neighborhood entry features Case No. Attachment C ZA05-142Page 11 Neighborhood Edge – Development Plan for Office Uses Case No. Attachment C ZA05-142Page 12 Neighborhood Edge – Office Elevations Case No. Attachment C ZA05-142Page 13 Case No. Attachment C ZA05-142Page 14 Neighborhood – Cottage Elevations Case No. Attachment C ZA05-142Page 15 Case No. Attachment C ZA05-142Page 16 Case No. Attachment C ZA05-142Page 17 Case No. Attachment C ZA05-142Page 18 Case No. Attachment C ZA05-142Page 19 Case No. Attachment C ZA05-142Page 20 Case No. Attachment C ZA05-142Page 21 Case No. Attachment C ZA05-142Page 22 Case No. Attachment C ZA05-142Page 23 Case No. Attachment C ZA05-142Page 24 Case No. Attachment C ZA05-142Page 25 Case No. Attachment C ZA05-142Page 26 Letter of apology / clarification / invitation from Cary Clarke Homes to neighboring homeowners Case No. Attachment C ZA05-142Page 27 DEVELOPMENT PLAN REVIEW SUMMARY ZA05-142Four04/07/06 Case No.: Review No.: Date of Review: Project Name: Continental Greens APPLICANT/DEVELOPER: Cary Clarke Homes, Inc. Contact: Cary Clarke 204 N. Dooley St. Grapevine 76051 (817) 410-8400 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/03/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT Jay Narayana AT (817) 748-8070. Comments: 1.Indicate the square footage for the individual office buildings. 2.Verify with Trinity that garbage pickup will work from alleys. 3.Remove the tree buffer on the northwestern side of the property and the open space area in the parking lot from the open space calculation because these areas are not contiguous to the rest of the open space (see attachment). 4.The Development Standards table lists a minimum lot width and depth for the neighborhood edge of 100 feet by 80 feet. However, the table also states that the minimum lot area for the neighborhood edge is 4000 square feet. Please verify that these standards are correct. Summary of aspects that are not consistent with the ordinance and for which variances have not been requested: 1.Parking is provided in front of the office buildings on the northwest corner of the site rather than to the rear or side of the buildings. Summary of aspects that are not consistent with the ordinance and for which variances have been requested: 1.Block size. 2.The cottages on the eastern section of the site, which are less than 60 feet in width, have front loaded garages. 3.Proposed development does not meet the parking garage location and performance standards (garage is > 30% of façade width) Case No. Attachment D ZA05-142Page 1 Case No Review No.Dated: Number of Pages: . 05-142 Four April 12, 2006 2 Project Name: Continental Estates (Zoning & Concept Plan) Comments due to the Planning Department: April 12, 2006 ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on December 21, 2005 . 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. =========================================================================== LANDSCAPE COMMENTS: Are the bufferyards correctly shown and labeled? 1. The applicant proposes to provide bufferyards in the form of Streetscapes along the right-of-way and Linear Greens adjacent to the north Cottages and throughout the development and the use of existing trees along the east property boundary line as a buffer between the developing property and Southlake Woods subdivision. Because the plan has changed from separated buildings with landscape area between them to continuous building structures that cover whole areas the buffer and interior landscape areas are more concentrated. Does the plan meet the interior landscape requirements? 1. Although development in the Transition Zoning District (TZD) is not subject to the provisions of the Landscaping Ordinance, the applicant has proposed interior and exterior landscaping which includes the Streetscapes, Linear Greens and Common Green is similar to the City’s existing interior landscape regulations with all Open Space areas being managed by the Continental Greens Property Owners Association. Does the plan meet the parking lot landscaping requirements? 1. The parking for the proposed office buildings has been concentrated into two mass parking lots. The area of proposed parking lot landscaping compared to the previous Development Plan submittal has been reduced. There is also now an access drive or alleyway proposed adjacent to the right-of-way of West Continental Blvd. that consumes interior landscape and buffer landscape area that was proposed in the previous submitted Development Plan. Where do the residents that live and visit the east Cottages park there vehicles? Case No. Attachment D ZA05-142Page 2 Is a tree survey required? 1. No, an alternative to a tree survey may fulfill the requirements of a tree survey. Aerial photographs and a Tree Conservation Plan of the property were submitted. TREE PRESERVATION COMMENTS: 1. The majority of existing “Quality” trees are located within the proposed Common Green of the development where the stand of trees is proposed to be preserved. The stand is made up of even-aged Post Oaks and is not affected by the proposed grading or drainage. Some of the trees will need to be removed to construct the five (10) Villas which face the Common Green and a portion of the right-of- way. The existing trees that line the east property line are now proposed in small backyards of the proposed east Cottages and the existing trees in the northwest corner of the development are proposed to be removed because there is not sufficient space between the proposed office buildings and the existing car wash property to the north. Other trees on the site include American Elm, Cottonwood, Sweetgum and Red Maple which are located around existing structures. These trees would be removed to construct the Villas, alleys, access drives and right-of-way. Existing trees and shrubs along Continental Boulevard are going to be preserved within proposed bufferyards and R-O-W dedication for Continental Blvd. Case No. Attachment D ZA05-142Page 3 Case ZA 05-142 Review No. 3 Dated: 12/27/05 Number of 1 No. Pages: Project Name: Continental Greens – Zoning Change & Development 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 12/27/05. 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. DRAINAGE COMMENTS: * All storm sewers collecting runoff from the public street shall be RCP. * This property drains into Critical Drainage Structures (#18 & #19) 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 to Public Works Administration. Ensure that plans conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website under Public Works~Engineering Design Standards. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A Developer’s Agreement will be required for this development and must 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 ZA05-142Page 4 Surrounding Property Owners Continental Greens Owner Zoning Land Use Acreage 1.Earley, Melvin & Latricia SF-20A Medium Density Residential 0.813 2.Robinson, David & Pamela SF-20A Medium Density Residential 0.464 3.Barksdale, David H & Sandra SF-20A Medium Density Residential 0.48 4.Haston, Wayne & Rita SF-20A Medium Density Residential 0.469 Pettit, Shaun & Lisa Ann 5.Country Walk Ltd Prtnshp SF-20A Medium Density Residential 0.273 6.Gwwc Investments I-1 Industrial 0.615 7.Pjt Properties, LP I-1 Industrial 0.582 Doskocil, Christopher 8.Doskocil, Christopher I-1 Industrial 0.582 Dowis Park Ventures LLC 9.David, Don I-1 Industrial 0.838 10.D Fontana Holdings Lp I-1 Industrial 2.839 11.Williams, Fred L & Wendy S SF-20A Medium Density Residential 0.464 Southlake Woods Lp 12.Robbins, Randy L & Jennifer SF-20A Medium Density Residential 0.46 Case No. Attachment E ZA05-142Page 1 Owner Zoning Land Use Acreage 13.Southlake Woods, Lp SF-20A Medium Density Residential 0.459 Miller, John Troy 14.Southlake Woods Homeowners SF-20A Medium Density Residential 0.842 15.Southlake Woods Homeowners SF-20A Medium Density Residential 0.028 16.Southlake Woods Homeowners SF-20A Medium Density Residential 0.082 17.Wells, Vernon & Charlene SF-20A Medium Density Residential 0.983 18.Overby, Larry J & Denise G SF-30 Medium Density Residential 0.944 19.Mirage Carwash Ltd C-3 Industrial 2.0 20.City of Southlake CS Retail Commercial 0.065 21.Woods, Ronnie M S-P-1 Retail Commercial 1.261 22.Tristan Chung Inc C-2 Retail Commercial 0.551 Segal Enterprises, Inc 23.Jjb Enterprises Inc AG Retail Commercial 1.26 24.Livingston, Timothy & Lori AG Medium Density Residential 2.73 25.Kane, Linda Louise S-P-1 Medium Density Residential 3.0 Arca, James B 26.Harlan, Kathy AG Medium Density Residential 2.7 Boles, David C & Teisha 27.City of Southlake SF-20A Public Parks / Open Space 5.295 28.Jjb Enterprises Inc AG Office Commercial 11.27 Case No. Attachment E ZA05-142Page 2 Surrounding Property Owner Responses Continental Greens Notices Sent: Twenty-Nine (29) Responses Received as of 5:00 PM, April 13, 2006: Over Two Hundred (>200) Case No. Attachment F ZA05-142Page 1 & April 11, 2006 Hargrove, Randy 114 Wilmington Ct. March 2, 2006 Case No. Attachment F ZA05-142Page 2 Case No. Attachment F ZA05-142Page 3 Case No. Attachment F ZA05-142Page 4 Case No. Attachment F ZA05-142Page 5 Case No. Attachment F ZA05-142Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-487 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 TRACTS 1B1A, 1B1A1, & 1B1B, SITUATED IN THE T.J. THOMPSON SURVEY, ABSTRACT NO. 1502 AND LOT 1, T.J. THOMPSON NO. 1502 ADDITION, BEING APPROXIMATELY 9.41 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT, “SF-30” SINGLE FAMILY RESIDENTIAL DISTRICT, AND “S-P-1” DETAILED SITE PLAN DISTRICT TO “TZD” TRANSITION ZONING DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING DEVELOPMENT STANDARDS, 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 “AG” Agricultural District, “SF-30” Case No. Attachment G ZA05-142 Page 1 Single Family Residential District, and “S-P-1” Detailed Site Plan District under the City’s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and 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 Case No. Attachment G ZA05-142 Page 2 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 Tracts 1B1A, 1B1A1, & 1B1B, situated in the T.J. Thompson Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition, an addition to the City of Southlake, according to the plat recorded in Cabinet ‘B’, Slide 1185, of the Plat Records, Tarrant County, Texas, being approximately 9.41 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District, “SF-30” Single Family Residential District, and “S-P-1” Case No. Attachment G ZA05-142 Page 3 Detailed Site Plan District to “TZD” Transition Zoning District as depicted on the approved Development Plan, including development standards, 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 appropriate use of land throughout the community. Case No. Attachment G ZA05-142 Page 4 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. 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 Case No. Attachment G ZA05-142 Page 5 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 ___________, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA05-142 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA05-142 Page 7 EXHIBIT “A” Being Tracts 1B1A, 1B1A1, & 1B1B, situated in the T.J. Thompson Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition, an addition to the City of Southlake, according to the plat recorded in Cabinet ‘B’, Slide 1185, of the Plat Records, Tarrant County, Texas, being approximately 9.41 acres. Case No. Attachment G ZA05-142 Page 8 Case No. Attachment G ZA05-142 Page 9 EXHIBIT “B” Case No. Attachment G ZA05-142 Page 10 Case No. Attachment G ZA05-142 Page 11 Case No. Attachment G ZA05-142 Page 12 Case No. Attachment G ZA05-142 Page 13 Case No. Attachment G ZA05-142 Page 14