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Item 7A13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT May 14, 2008 CASE NO: ZA07 -135 PROJECT: Zoning Change and Site Plan for Northeast Baptist Church REQUEST: On behalf of Northeast Baptist Church, Blake Architects is requesting approval of a Zoning Change and Site Plan for the development of a 14,760 square foot addition to Northeast Baptist Church's existing building of 4,050 square feet. The total area of the proposed Site Plan is 3.491 acres. The following variances are being requested: 1. 10% reduction in required parking 2. Bufferyard along Davis Boulevard 3. Installation of Trail Segment 30 -S, Pathways Plan 4. 100% installation of Trail Segment 29, Pathways Plan 5. Horizontal & Vertical Articulation The maximum height for architectural elements not meant for human occupancy (i.e. church spire) is 50 -feet. The applicant is requesting a waiver to allow the proposed church spire to be permitted at 64' in height. Section 33.5, Zoning Ordinance 480, provides that City Council may approve, with the recommendation of the Planning & Zoning Commission, structures exceeding the 50 -foot height limitation. ACTION NEEDED: Consider first reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Variance Exhibit (E) Revised Site Plan Review Summary No. 4, dated May 14, 2008 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480 -561 (1) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817)748 -8067 Clayton Comstock (817)748 -8269 Case No. ZA07 -135 BACKGROUND INFORMATION OWNER: Northeast Baptist Church APPLICANT: Blake Architects PROPERTY SITUATION: 1000 Davis Blvd. & 2785 Union Church Rd. LEGAL DESCRIPTION: Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11, J.G. Allen No. 18 Addition. LAND USE CATEGORY: Mixed Use and 100 year Flood Plain with a T -1 Transition Optional Land Use designation. CURRENT ZONING: "AG" Agricultural District and "SF -1A" Single Family Residential District REQUESTED ZONING: "CS Community Service District HISTORY: There is no development history on the existing church property. A Zoning Change from "AG" to "SF -1A" was approved by City Council on April 20, 1999 (Case ZA98 -162; Ord. 480 -308) for what is today Lot 11, J.G. Allen No. 188 Addition. A Plat Showing for Lots 10 & 11, J.G. Allen No. 18 Addition (ZA98 -163) was approved by City Council on April 6, 1999 and filed in Tarrant County Plat Records on June 7, 1999. PATHWAYS MASTER PLAN: The Southlake 2025 Pathways Master Plan recommends "Union Church Walkway," a 6 -foot sidewalk from Pearson Avenue to Davis Boulevard (Trail Segment 29). The applicant is providing for a majority of this sidewalk along Union Church Rd. but is requesting a variance to its full construction as it will require the installation of a pedestrian bridge over the floodplain /creek. The Pathways Plan also recommends the "Davis Greenway Pathway," an 8- foot paved- or natural- surfaced pathway through the floodplain area to the rear of these tracts (Trail Segment 30 -S). The applicant is providing a 15 -foot pedestrian access easement through the floodplain but is requesting a variance to the actual installation of the trail. The applicant is also providing the required 5 -foot sidewalk along Davis Blvd. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Union Church Road to be a 2- lane, undivided collector street with 84 feet of right -of -way. Right -of -way was previously dedicated for this property and no additional right -of -way is required. David Boulevard (FM 1938) is a multi -lane TXDOT roadway requiring 130 feet of right -of -way. The appropriate amount of right -of -way is being shown to be dedicated for this roadway. Case No. Attachment A ZA07 -135 Page 1 Existing Area Road Network and Conditions The development is proposing to utilize one (1) existing driveway along Davis Blvd and one (1) existing driveway along Union Church. An existing driveway directly servicing this property will be closed and an off -site driveway will instead be accessed through a common access easement. May 2007 traffic counts on Union Church Rd between Pearson Ln and Davis Blvd (FM1938) Sq. Ft. West Bound East Bound 24hr 1,510 1,684 AM Peak 94 (7:45AM — 8:45AM) 238 (7:OOAM — 8:OOAM) PM Peak 223 (5:30PM — 6:30PM) 161 (4:45PM — 5:45PM) May 2007 traffic counts on Davis Blvd between Union Church Rd and W. Southlake Blvd (FM1709) Sq. Ft. North Bound South Bound 24hr 14,549 17,168 AM Peak 1,431 (7:30AM — 8:30AM) 1,038 (8:45AM — 9:45AM) PM Peak 1,090 (5:OOPM — 6:OOPM) 1,683 (5:30PM — 6:30PM) Traffic Impact: Church Use Day Sq. Ft. Vtpd* AM -IN AM -OUT PM -IN PM -OUT Weekday 18,770 171 12 12 16 11 Peak Hour of Generator Peak -In Peak -Out Saturday 18,770 182 5:OOPM — 8:OOPM 45 16 Sunday 18,770 688 9:OOAM — 1:OOPM 90 87 *Vehicle Trips Per Day based on ITE's Trip Generation Manual, 6 Edition. **The AM /PM times represent the estimated number of vehicle trips generated during the peak travel times on Union Church Rd and Davis Blvd. ENVIRONMENTAL RESOURCE PROTECTION: The Southlake 2025 Environmental Resource Protection Map identifies much of this property as 100 -Year Flood Plain" and "Tree Cover /Open Space to be Preserved where Appropriate." Western parts of the applicant's proposed parking lot are within the floodplain, but very few trees are proposed to be removed. TREE PRESERVATION: Over 90% of the existing tree canopy cover is proposed to be preserved. The majority of the existing tree canopy cover is within the vicinity of the existing creek and flood plain /floodway on the west side of the property. There are also existing trees that are proposed to be preserved within the developing portion of the property. WATER & SEWER: Water This site will continue to be serviced by a 6 -inch waterline in Davis Blvd Case No. Attachment A ZA07 -135 Page 2 Sewer This site will be serviced by an existing 15 -inch sewer line to the west. DRAINAGE ANALYSIS: This site drains west into a Critical Drainage Structure. P &Z ACTION: May 8, 2008; Approved (5 -0) subject to the following: • Site Plan Review Summary No. 4, dated May 2, 2008; • Granting the requested 10% parking variance; • Granting the requested variance to the Bufferyard along Davis Blvd; • Granting the requested variances to horizontal and vertical articulation; • Denying the requested variance to the full installation of Trail Segment 29 along Union Church Blvd; • Providing the applicant the opportunity to complete the installation of Trail Segment 30 -S though the floodplain within 2 years of approval; and • Granting a waiver to the 50 -foot maximum height limitation for architectural elements, noting that the church spire is proposed at 64 -feet. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 4, dated May 14, 2008. MCommunity Devel opmentlMEMO12007cases107- 135ZSP.PZ 5 -8.doc Case No. Attachment A ZA07 -135 Page 3 Vicinity Map Northeast Baptist Church 400 M 705 707 71 2390 2360 2152 2440 2420 MIC HAEL 2104 2050 2000 0 246 244 2425 2150 2395 236 0 2105 2055 N N a c ° 1950 CD C\l 0 N 0 1 0 W W 00 00 � EE��I 901 903 905 913 917 2 2113 210 190 2jo 900 906 910 914 918 925 0 ° 2075 929 m N ° 0 1001 'o 0 1005 U 0 o 1009 o N o cn 2651 2659 2745 ° 1013 _ 2330 2300 210 2030 2020 ° Union Church Rd. cn 0 - 120 8900 9 0 13 1 8 8850 400 0 400 800 N W E S Case No. ZA07 -135 1200 Feet Attachment B Page 1 D2) 00 4 (D jz w o cn D rt a1 n S 9) (D (a 3 (D '* I 1 � I f� I � I I K I I la Iw I' I 1 � - I I 1 � IK I I I 1, I� I , 1TM I I D Y SITE BATA 5U MMA� CHAR L I Ex 5 Nc z � n6 A6 Sr- A NC' c PROP EC 20JI L5 U5_D E58NATON lLUD) IKD LS \� m�*b 1 ORD AL REP6E 34Q ALRES UON CHURCII V9 9ARIM F IAR111 PJBLIC RIGHT U "N 4. 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N Is k 'n, ( Yrors rEIY� Zzl . -49A Y F bn- APRKINY: PC�R P) L4eiE , -,� V z VIGIN!TY MRP K—H ■ ®s BI. 1 gt AF ic,11TECIS PL 4N 12o26.WfiteClwwIRoed SuiteA �51T S..LIA , Texas %092 817488-9397 k — �r�! �, - -.• DATE: APf'LIL 21, 2oC>8 A 1 SI E PLAN S�Er I oP 0 ZT3 5 S'UNNARY IN.CR ORLA \DSGAP'c .'.HART R III II IA �1 �PFrr.e } enl >nsa ::e�.xmn � 51T PLAN ZAO -135 FOR NORTHEA57 BAPTIST GHU12Gti -� - � � phVlS BOULBVhRD 3.491 A4RE5 TRALT FI:H9LL. �' 5!T Utt OF 60LnHLAKE ARRANYLOUNtt, T60 -02 orNae uxn9 nsr ennlstcumcu V LND AIRC4 R0. N Is k 'n, ( Yrors rEIY� Zzl . -49A Y F bn- APRKINY: PC�R P) L4eiE , -,� ry� VIGIN!TY MRP K—H ■ ®s BI. 1 gt AF ic,11TECIS PL 4N 12o26.WfiteClwwIRoed SuiteA �51T S..LIA , Texas %092 817488-9397 k — �r�! �, - -.• DATE: APf'LIL 21, 2oC>8 A 1 SI E PLAN S�Er I oP s 0 ELEVATIONS = ELEVATCN ^ES7 E-°VA 0\ Case No. Attachment C ZA07-135 Page 2 D 2) our 4 (D jz w o cn I \\ Ii r T \` \ \�\ V ✓ ..... � ZGNEOV �� i/ I r �--� � �/ r ✓� /� /� � u s7 x76 I I a .•max I �wauwarw y I ( � 1 \�\ 1 i It I t4 II Ill EDAiISf r U q \G.N.T.CT �, h r�Tois� \ t la l x3 _ d I NOIFARftOWWAY ( �! ' I II _ � it I a UNION CHURCH RCAD VWMLEWDTH NIEC EGNi -0E,4N P.0..TC7 PCDCSifiIhV ACCESS PLA „„, v wYSUU revisions �oi�rr�ae LANDSCAPE NOTES z. nnrcr usr POxExss Sxeevax vi r. wrviRx '8 6 3 C@M POPWll � ONN v ya � Tu. c reuu s,uuee e day€ � xa aPt%xxrt awrosT m ss [xl M�MMWiMYM1 �E+m s ixEMFP P x, R oEin.�LStlxssEaNNnEMN TaEPS LeE xUNT ='oA` C Q ), PILEUNFAAFAa SXxLLE WMMOx E � 2 aExM Mr uLm. � G q. PLA NTLIST a MATE- 11T SIZE HT SP NOES +j r LhR eNWELM E YGL <' ]s' NuPSeLYGPWIN i �� Y }"9LL IWEN NJI' NYWLVbWYWH Yq r �Y 4' Gk *44 H' WUM V- WN 01 I — OVeon crwrrm n r: SUMMARY CHART - INTEP x�iaww «Nn^x� o-ioo Nn�aMro- ��x�.� NORTHEPIT ?APTI� C:HII'.CH north scale: r' = 20' - s= a m C) o O Ilk nama: =w swxssnpan Sheet L r Z // �/ � D m r Z D ar n S � (D C4 � fD '* W 0 D2) 00 4 (D jz w o (J1 D .�r a1 n S ( C4 3 (D '* m m Z m Z r z � 0 INK & FIFE MELVA f S + = ELD \ � o; 135% V � V. 61 Own ASM PARKING H _ ti gg 5�- 99 K 1�u33J341 X1,44' 0, -IPs I i. c L EXISTINs THEE DOVER PRESERVATION REQUIREME T5 _... � I . _= WlTW THE REMOVAL OF THRE= EK16"IN6 1"KFE9, THI°.. SIY'W P4-AN - RETAINS OVEK g09e �P Il'S EXI°,�TIN6 TREE GOVE1�'A6E. �, .eb �1 IDT 10 I I 3E9 °48'23'4' 10' IJ.E. ��¢' ler vrcles / � �—` r CIRS n� J � � / - - 7 CITY LNITS SO T LCK: - }ry� I IV._ ;J �1 p i h 'n LIMITS M,E_LEP, VARMV WIDTH PUBLIC RIIJFT IF - 0 GAR. A, SLIDE 5075 P °IC.i m m Z m Z r z � 0 VARIANCES BLAKE ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 April 21, 2008 City of Southlake Site Plan ZA07 -135 Northeast Baptist Church 1000 Davis Blvd. Southlake, Texas Proposed Variance Request: 1. We are requesting an allowance to the bufferyard along Davis Blvd. to be a 7.5' bufferyard because the existing church building location is allowing a minimum sidewalk against existing building, 18' -0" head -in parking spaces which is similar to the parking and drive as is existing presently. 2. We are requesting a variance to the maximum height for architectural clements not meant for human occupancy (i.e. church spire) to extend the 50 -foot maximum height to allow for an approximately 30' spire which would be approximately 65' above finished floor to fully compliment the church facility design. 3. We are requesting an allowance to the horizontal and vertical articulation due to the architectural design of this new church facility in relation to the facility now existing. 4. We are requesting to not rebuild bridge to accommodate 6' walk connection along Union Church Rd. >> Case No. Attachment D ZA07 -135 Page 1 D2) 00 4 m jz w o D D z n m m r D z D .•r .•r a1 n S (D C4 � jv VARIANCES — ELEVATIONS Waiver to Height Limit Limit 50' Provided 64' S _ Vertical Articulation KC-TH = ^ES7 E_°VA 0\ Case No. Attachment D ZA07-135 Page 1 r wal- KC-TH = ^ES7 E_°VA 0\ Case No. Attachment D ZA07-135 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA07 -135 Revised Review No.: Four Date of Review: 05/14/07 Project Name: Zoning Change & Site Plan — Northeast Baptist Church APPLICANT: Northeast Baptist Church — Jerry Summy P: 817- 427 -4943 F: ARCHITECT: Blake Architects 1202 S. White Chapel Blvd; Suite A Southlake, TX 76092 P: 817- 488 -9397 F: 817- 251 -3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04121108 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 CLAYTON COMSTOCK AT (817) 748 -8602. The following comments are in regard to sidewalks / pathways a. A complete 6 -foot sidewalk is required along Union Church Rd. (Trail Segment 29). Applicant is requesting a partial variance to this sidewalk requirement only in a location that would require a pedestrian bridge. b. An 8 -foot multi -use trail (paved or natural surface) is identified on the Southlake Master Pathways Plan to run north -south along the floodplain area (Trail Segment 30 -S). Staff recommends that the trail be placed along the west side of the proposed parking spaces and run along the outside of the existing tree line, east of the creek. Show and label the required multi -use trail. Applicant is providing easement but is requesting a variance to the installation of this pathway. c. Provide dimensions of proposed 15' P.A.E. 2. The following comments are in regard to labeling a. Handicapped parking spaces do not meet the parking space dimension requirement of 9' X 18' (Section 35, Ordinance 480). 3. Building Elevations Comments a. The maximum height for architectural elements not meant for human occupancy (i.e. church spire) is 50 -feet. A waiver has been requested. b. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades. A variance has been requested. c. Applicant should be aware that "stucco veneer" must be a true stucco application as defined in Ordinance 480, Section 43.9.c.1.a. 4. On the Tree Conservation Plan, parking spaces and trash enclosures are shown within the "existing tree line." Show specific trees and /or areas of trees that will be removed due to construction within this area. Case No. Attachment E ZA07 -135 Page 1 5. The elevation contours provided on the grading and drainage plans do not reflect actual conditions of the creek. Verify elevations of western portion of property as this will be critical in the location of the pedestrian access easement. * The existing building that will remain represents a legal non - conforming situation. * The applicant should be aware that medians are planned along FM 1938 and will be installed per an undetermined TXDOT timeline. * A fully corrected plan that includes all associated support plans /documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped "approved" by the Planning Department. * All development must comply with the City's Drainage Ordinance No. 605 and detain all post development run -off. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs.* The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment LANDSCAPE ADMINISTRATOR REVIEW Contact: Keith Martin — (817)748 -8229; kmartin @ci.southlake.tx.us II: 7= I Lois] 011�= I U% ,IICa701 Eels] LyiILyil= 101 k16 -1 Over 90% of the existing tree canopy cover is proposed to be preserved. The majority of the existing tree canopy cover is within the vicinity of the existing creek and flood plain /floodway on the west side of the property. There are also existing trees that are proposed to be preserved within the developing portion of the property. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. 10kIA V [a]2100131 *81_1UI0Ce7_10131 I_IJaaA:r/_1:731 Since the zoning for the property is proposed to be changed and the proposed new church building increases the existing building footprint square feet by over 5,000 square feet and over 30 %, the proposed development must comply with both the bufferyards and interior landscape requirements. 10 0111 9_1» »G1 The landscape plan, and landscape calculations are correct. Case No. Attachment E ZA07 -135 Page 2 ENGINEERING REVIEW Contact: Michael James (817)748 -8101; mjames @ci.southlake.tx.us EASEMENT COMMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER COMMENTS: 1. The minimum size for water lines is 8 ". 2. It appears that the existing water line on the west side of Davis Blvd. is 6" diameter. 3. The proposed detector check assembly should be located on private property — not in an easement. For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet apart, or 600 linear feet if buildings are sprinklered. DRAINAGE COMMENTS: 1. Show the limits of the 100 Year floodplain and floodway. Proposed development within the floodplain must adhere to the requirements of Ordinance # 641. Proposed development within the floodway must be accompanied by a drainage study prepared by a licensed engineer certifying that no rise in base flood elevation will result. 3. Identify the base flood elevation for this property. Minimum finished floor elevations should be indicated on the site plan and plat revision and should be set 2 feet above the base flood elevation. This property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning construction. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Submit civil construction plans (22" X 34" full size sheets) and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. A floodplain development permit must be obtained form the Public Works Department prior to construction. 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. Case No. Attachment E ZA07 -135 Page 3 Surrounding Property Owners Northeast Baptist Church W Q W 5 J 15 14 Z 1 4 0 10 6 16 13 7 LU 8 3 2 12 9 0 18 11 17 SPO # I Owner I Zoning I Land Use I Acreage 1. Gwwc Investments AG Industrial 0.66 2. Cangelosi, Frank J Etux Nancy SP1 Mixed Use /Retail Commercial 1.58 3. Northeast Baptist Church SF1 -A Medium Density Residential 1.47 4. Ashton Dallas Resid Llc SF20A Medium Density Residential 0.82 5. Meek, Robert A Etux Marilyn R SF20A Medium Density Residential 0.47 6. Saad, Said Etux Jihad SF20A Medium Density Residential 0.46 7. Corder, James R SF20A Medium Density Residential 0.49 8. Lockhart, Laura Etvir Jordan SF20A Medium Density Residential 0.49 9. Singh, Jasjit Etux Rashminder SF20A Medium Density Residential 0.50 10. H2Go Llc C3 Industrial /Medium Density Residential 2.01 11. Southlake, City Of CS Retail Commercial 0.07 12. Woods, Ronnie M SP1 Medium Density Residential /Retail Commercial 1.26 13. Tristan Chung Inc C2 Retail Commercial 0.56 14. Stanfield, Mark W Etux Melva G AG Mixed Use 3.75 15. Stanfield, Mark Etux Melva AG Mixed Use /Retail Commercial 0.87 16. Northeast Baptist Church AG 100 -Year Flood Plain 1.98 17. Pearson Place Inc AG Industrial 1.97 18. City of Keller NA NA NA Case No. Attachment F ZA07 -135 Page 1 Surrounding Property Owner Responses Northeast Baptist Church Notices Sent: Fifteen (15) Responses Received: None (0) Case No. Attachment G ZA07 -135 Page 1 ORDINANCE NO. 480 -561 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 6F02, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 11, J.G. ALLEN NO. 18 ADDITION BEING APPROXIMATELY 3.5 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG " AGRICULTURAL DISTRICT AND "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, 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 District and "SF -IA" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment H ZA07 -135 Page 1 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, 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 Case No. Attachment H ZA07 -135 Page 2 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 legally described as Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11, J.G. Allen No. 18 Addition being approximately 3.5 acres and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF- IA" Single Family Residential District to "CS" Community Service District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B," and subject to the following conditions: 1. Approved as presented. 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. Case No. Attachment H ZA07 -135 Page 3 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 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, Case No. Attachment H ZA07 -135 Page 4 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. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2008. Case No. Attachment H ZA07 -135 Page 5 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2008. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment H ZA07 -135 Page 6 EXHIBIT "A" Being legally described as Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11, J.G. Allen No. 18 Addition and more particularly described as follows: * * insert m &b description Case No. Attachment H ZA07 -135 Page 7 10. Me I 1 C Yd M Reserved for Approved Site Plan Case No. Attachment H ZA07 -135 Page 8