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Item 7BCity of Southlake Department of Planning STAFF REPORT April 13, 2005 CASE NO ZA05 -010 PROJECT: Zoning Change and Concept Plan for The Pavilion at Southlake REQUEST: On behalf of Bennet & Psyche Yu Liu and Robert & Norma Goode, Park Realty Group, Inc. is requesting approval of a zoning change and concept plan. The three northernmost tracts (Tracts IA, lAlA, & lAl) are currently zoned "AG ". The applicant is requesting a zoning change to "C -3" zoning to match the zoning of the larger tract (Tract 2A2) adjacent to the south. The concept plan proposes the development of 9 lots for office, retail, restaurant, and a sports arena on a total of 10.217 acres. The following variances are being requested: • Public Street — A public street with 60 feet of right -of -way is required for commercial developments. The applicant is requesting a public street with 40 feet of right -of -way and 10 foot utility easements on either side in lieu of the total 60 feet of width. • Driveway Stacking —The minimum stacking required for the drive between Lots 5 and 6 is 75 feet. The applicant is proposing a stacking depth of approximately 28 feet. • Bufferyards — Bufferyards are required along the interior of all property lines. The applicant is requesting that bufferyards not be required along several interior lot lines due to a common access drive along the property lines. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Concept Plan Review Summary No. 2, dated March 30, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -453 (H) Full Size Plans (for Council Members Only) STAFF CONTACT: Ken Baker (481 -2036) Dennis Killough (481 -2073) Case No. ZA05 -010 BACKGROUND INFORMATION OWNER: Bennet & Psyche Yu Liu and Robert & Norma Goode APPLICANT: Park Realty Group, Inc. PROPERTY SITUATION: The property is located on the south side of W. Southlake Boulevard where it intersects with Meadowlark Lane. LEGAL DESCRIPTION: Tracts 2A2, IA, lAlA, & lAl, W.R. Eaves Survey, Abstract No. 500 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -3" General Commercial District and "AG" Agricultural District REQUESTED ZONING: "C -3" General Commercial District HISTORY: There is no development history on this property. City Council placed the "C -3" zoning on a portion of the property with adoption of the Comprehensive Zoning Ordinance No. 480 on September 19, 1989. TRANSPORTATION ASSESSMENT: Case No. ZA05 -010 Master Thorou- hfrtre Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right -of -way. Adequate right -of -way exists. E.zistin z Area Road Network and Conditions The proposed site will have one (1) access directly onto the proposed Players Circle. Players Circle is proposed to intersect with W. Southlake Boulevard approximately 600 feet to the north of this site. W. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. Players Circle is proposed to be a 2 -lane, local commercial street serving the retail development. May, 2004 traffic counts on W. Southlake Blvd (between Davis Blvd & Pe tonville Ave 24hr West Bound (WB) (22,825 East Bound (EB) (21,529 WB Peak A.M. 1,763 7 — 8 a.m. Peak P.M. 1,966 5 — 6 p.m. EB Peak A.M. 1,071 11 -12 a.m. Peak P.M. 2,432 5 — 6 p.m. Attachment A Page 1 Traffic Ini»act PATHWAYS MASTER PLAN: Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM- OUT Indoor Soccer Facility 37,040 N/A N/A N/A 39 48 Quality Restaurant 3,200 288 N/A N/A 16 8 Fast -Food w/ drive -thru 3,600 1,786 92 88 63 58 Retail 22,480 965 14 9 40 44 Office 4,020 44 7 1 1 5 Medical Office 15,425 557 30 7 15 41 Total 85,765 3,640 143 105 174 204 *Vehicle Trips Per Day **The AM /PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Boulevard. The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements on or adjacent to this property. WATER & SEWER: An 8 -inch water line currently exists along the east edge of the adjacent retail shopping center. An 8 -inch sanitary sewer line currently exists approximately 700 feet away along the east edge of the adjacent property to the east. The applicant will extend water and sewer to the site from these locations. TREE PRESERVATION: The only quality trees on the entire property are located in the area adjacent to W. Southlake Blvd. and along the east property line as shown on the submitted Concept Plan. DRAINAGE ANALYSIS: Plans show the site drainage being handled using a combination of underground detention and existing storm sewer systems constructed by developers of adjacent properties. The Stampede parking lot will drain to an inlet that ties into an existing storm sewer in Southlake Woods. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Davis Boulevard study area to include the following changes: Land Use Recommendations • Underlying land use designations — Retail Commercial along the F.M. 1709 frontage and Medium Density Residential to the rear. • Alternative land use designation — T -1 when developed with adjacent properties (to the east). Site Specific Recommendations • Limit retail - commercial designation to the area along F.M. 1709 frontage. Case No. Attachment A ZA05 -010 Page 2 • Any development should provide connectivity to adjacent shopping center and to development to the south (site 7). • T -1 Transition land use category and Medium Density underlying land use designation providing a transition to lower intensity office and /or residential uses; thus limiting impact on to existing residential to the south. Mobility Plan Recommendations • Encourage automobile and pedestrian connectivity between adjoining commercial developments in the corridor. This in turn will reduce auto trips and turning movements on the arterial roadways and improve level of service. P &Z ACTION: March 17,2005; Approved (5 -0 -1) subjectto Concept Plan Review Summary No. 2, dated March 11, 2005; subject to the following conditions: 1. eliminating item # 7; 2. providing a common access driveway to the west into Southlake Market Place; 3. requiring a reciprocal parking agreement with parcels 4, 5, and 6; 4. requiring planting materials along the rear fence line; 5. requiring installation of sidewalks (with a width of 4 feet) as lots develop along the west side of Players' Circle; installing a sidewalk (with a width of 4 feet) along the frontage of FM 1709; 6. and granting the requested variances. COUNCIL ACTION: April 5, 2005; Approved first reading (6 -0) subject to Revised Concept Plan Review Summary No. 2, dated March 30, 2005; • subject to Planning and Zoning Commission recommendations; • adding that a plan showing the type of landscape that will be planted in the bufferyard on the south side of the property be brought to the next meeting; • requiring recommendations concerning the hours of operation be presented at the next meeting; • requiring the architectural styles of the buildings be similar to the rendering presented at tonight's meeting; • and requiring the entry feature be complete before the opening of the soccer facility. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 2, dated March 30, 2005. N: \Community Development \MEMO \2005cases \05- OIOZCP.doc Case No. ZA05 -010 Attachment A Page 3 Vicinity Map Lots 1 -9, Block 1, The Pavilion at Southlake Xk, zMd Case No. Attachment B ZA05 -010 Page 1 1000 0 1000 2000 3000 Feet o� �z 00 O b� W SUMMARY CHART PER LOT 1AIB LOTL L0T2 LOTa SOTS LOT5 LOT6 LOT710TB 1OT9 LaiA— a 0.7 0.6 0.9 1.0 162 LO 0.6 0.6 I.i6 T0,113,iidia Arc, (foal m,) 3,200 6,200 6,270 5.100 37,129 10,010 4,020 3,600'10,324 P •. Ratio lll0a 11200 1800 11150 Ira sea! 11200 11200 f7100 M50 Pazkiq $poov Rc rred Prorided 32 30 32 34 Bo 50 20 36 69 32 30 32 51 110 50 32 76 69 Isn ervieus Covc 60 . 67% 62% 60% 7t% 6755 6B% 71% 13% 1 �1 ii - /ra zoNm •snow• 0x-ssfnt . YlcmnyMRP SOME r. V4 MA CONCFPT DATA SLMU6 fARY CHART ZoOUB Ebsrra P.n cd C31AG a ra,a U!• DCf,a[pn Raga Commacvl Acreage a(Pmlarl firms Xel ]0211 9.11 Number of Pm asc3lne 9 ZOHm'Cf• r...ew�. coaffaBn.0 NOTES: - Required screening walls are exisdag mri to SF Residential. - Impetxious coverage shall not mead 75% per Pal. -{�L�► ..- - Residential development restrictions shall apply+ for Lois 3, 4, 5, and 6 due to proximity to SF Resfdemid. GR.W We 5 t'u F \ \\ - -,- - - - -� - - -- - - fir �.� \ nervsrrr aesroslrrua y \ ill - �� \ Lip a r sw a y �.1 3 O y 9 �z�6 j� g i g L:1 F I j y s ® }I r FZ "e! Ni gg �1 r C so •,e, `� �. f ., can c -ae-fza. ` \\ Z e f � oo-o-o:B.cvl ��- "a °x�°i`� � �' • ` O a83 S ew.- 1dE11 s llM L13n.- eEfAIC ;,. r I mvm •o• — rweosEO a r � eernu. r 0107fFR INTERIOR LANDSCAPE AREA �oa< Bl1FFERYARDSagei�m 5 -- - - m � ® m� 1 �-'n �C7 A �7 N c:D c=) LTI Case ZA OS -viv lent C rage 2 AX ADAMS CONSULTING ENGINEERS, INC. CIVIL . ENVIRONMENTAL ENGINEERS February 28, 2005 Mr. Ben Bryner, Senior Planner City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: The Pavilion at Southlake variance request — ZA05 -010 A 10.217 Acre Tract in Southlake, Texas Dear Mr. Bryner, In response to the Concept plan review comments dated February 21, 2005, we have revised the development plans to provide a public R.O.W. (commercial street) to access the site as requested. At this time we are requesting a variance to concept review comment #5 regarding a min. 60' R.O.W. dedication to commercial streets. After meeting with the City, we have shown a 40' public R.O.W. with a 10' utility easement on either side in lieu of a 60' R.O.W. We trust this will accommodate the City's requirements from various departments as well as provide sufficient public access to the site due to the site constraints. Also, in response to the same Concept plan review comments; we are requesting a variance to concept review comment #7b regarding bufferyards along all property lines in accordance with Section 42.15. Existing C -3 zoning under Section 22.5 may permit zero lot line development provided that equivalent open space and plantings are provided elsewhere within the lot. Required bufferyards which are not shown are due to shared common access and are specifically located at: The common property line between Lot 1 and Lot 2. The common property line between Lot 2 and Lot 3. The common property line between Lot 4 and Lot 5. The common property line between Lot 6 and Lot 7 and 9. The common property line between Lot 7 and Lot 8 and 9. The common property line between Lot 8 and Lot 9. Any potential existing plant credits or increased width in the bufferyard will be evaluated with the Site Plan submittal required for each proposed lot. We have endeavored to address atl comments and concerns with this submittal. If you have any questions or comments regarding this request please contact our office at (817) 329 -6990. Sincerely yours, l`lvt Tim D. Hodes, P.E. RE0 FEB 2 8 2005 Director of Engineering 500 (Nolen Drive, Suite 550, Southlake, Texas 76092 Phone: (817) 329 -69901 Fax: (817) 329 -7671 Corporate Office: Tyler, TX Branch Offices: Garland, TX • San Diego, CA Case No. ZA 05 -010 Attachment C Page 3 AX ADAMS CONSULTING ENGINEERS, INC. CIVIL . ENVIRONMENTAL ENGINEERS February 28, 2005 Mr. Ben Bryner, Senior Planner City of Southlake 1440 Main Street, Suite 310 5outhiake, Texas 76092 Re: Stampede Sports Arena variance request — ZA05 -001 Lot 5 (2.62 acre) in The Pavilion at Southlake Addition Dear Mr. Bryner, In response to the Site plan review comments dated February 21, 2005, we are requesting a variance to review comment #6c regarding driveway stacking for the athletic facility described above. As you are aware, previous review comments have been addressed to provide a public R.O.W. (commercial street) to access the lots within The Pavilion at Southlake Addition. To the extent practical, revisions to the development plans have been made and provide stacking to a depth of 30'. The required stacking for the proposed drive is 75' in accordance with Ordinance 634, Section 5.2. Considering the location of the driveway at the end of the public road (cul -de -sac), and the alignment to be basically a 25' wide parallel extension to the 36" wide public road, we are requesting a 45' reduction in the stacking depth. We have endeavored to address all comments and concerns with this submittal. if you have any questions or comments regarding this request please contact our office at (817) 329 -6990. Sincerely yours, Tim D. Hodes, P.E. Director of Engineering RECD FEB 2 8 2005 590 Nolen Drive, Suite 550, Southlake, Texas 76092 Phone: (817) 329 -6990 Fax: (817) 329 -7671 Corporate Office: Tyler, TX Branch Offices. Garland, 7X • San Diego, CA Case No. ZA 05 -010 Attachment C Page 4 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA05 -010 Revised Review No.: Two Date of Review: 03130105 Project Name: Concept Plan — The Pavilion at Southlake APPLICANT: Park Realty Group, Inc. Phillip Bressinck 99 Main Street, Suite 200 Colleyville, TX 76034 Phone: (817) 498 -3850 Fax: ENGINEER: Adams Consulting Engineers, Inc. Ben Henry 500 Nolen Dr, Suite 550 Southlake, TX 76092 Phone: (817) 329 -6990 Fax: (817) 329 -7671 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/28/05 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) 481 -2086 1. Provide a public street meeting the regulations found in Subdivision Ordinance No_ 483 for commercial streets. Commercial streets are required a minimum 60' of R.O.W. (A variance has been requested.) 2. Provide the minimum driveway throat depth for stacking for the drive between Lot 4 & 5. The required stacking for the proposed drive is 75'. (A variance has been requested.) 3. The following changes are needed with regard to bufferyards and interior landscaping: a) Provide bufferyards along all property lines. Several bufferyards would be located in the common access drives shared on property lines. (A variance has been requested.) b) Remove the bufferyards shown from the pavement areas. 4. Change the name of the development. A street name with Pavilion' already exists in the City. 5. Correct the parking calculations, both `required' and `provided', for Lot 5 in the Summary Chart Per Lot. 6. Provide a minimum 4' sidewalk adjacent to W. Southlake Blvd, Players Circle, and the internal common access drives providing connections into adjacent properties as recommended by the Southlake 2025 Davis Boulevard Plan for pedestrian connectivity. INFORMATIONAL COMMENTS Connections into off -site properties require a letter of permission and a common access easement and /or agreement from the adjacent property owner(s). * Please be mindful that should individual tenants desire to sell alcoholic beverages that a specific use Case No. Attachment D ZA 05 -010 Page 1 permit must be processed and approved by the Planning and Zoning Commission and the City Council. 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, and 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. This review is based on the "C -3" Zoning District Regulations. 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 IL 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 Council prior to issuance of a building permit. Note that these issues are only the major areas of 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 per § 43.13c, Ordinance 480, as amended. • 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 §43.13* 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. Case No. ZA 05 -010 Attachment D Page 2 COMPREHENSIVE PLAN REVIEW SUMMARY Case No.: ZA05 -010 Review No.: One Date of Review: 3/11/05 Project Name: Stampede Sports Arena / The Pavilion at Southlake, APPLICANT: Park Realty Group, Inc. 99 Maid Street, Suite 200 Colleyville, TX 76034 ENGINEER: Adams Consulting Engineers 500 Nolen Drive, Suite 550 Southlake, TX 76092 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/28/05 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 Naray°ana AT (817) 481 -2043. Land Use Plan Recommendations: Underlying land use designations — Retail Commercial along the F.M. 1709 frontage and Medium Density Residential to the rear. Alternative land use designation — T -1 when developed with adjacent properties (to the east). Changed from tail- Commercial to Site Specific Recommendations Case No. Attachment D ZA 05 -010 Page 3 • Limit retail - commercial designation to the area along F.M. 1709 frontage. • Any development should provide connectivity to adjacent shopping center and to development to the south (site 7). • T -1 Transition land use category and Medium Density underlying land use designation providing a transition to lower intensity office and /or residential uses; thus limiting impact on to existing residential to the south. The proposed development does not address transition uses to residential neighborhood to the south as recommended by the Davis Blvd 1F.M 1938 Corridor Plan. The plan envisions lower intensity office and/or residential uses with retail uses limited to the F.M. 1709 frontage. However, the property (with the exception of the frontage along F.M. 1709) is currently zoned C -3 Commercial District. Mobility Plan Recommendations Encourage automobile and pedestrian connectivity between adjoining commercial developments in the corridor. This in turn will reduce auto trips and turning movements on the arterial roadways and improve level of service. The proposed development has provided common access easements east and west to adjoiningproperties which meets the general intent of automobile connectivity recommendations of the Davis Blvd. Plan. In addition, the common access easement is recommended to be aligned with the driveway of the Southlake Marketplace shopping center to the west. However, with respect topedestrian connectivity, the proposed development needs to provide sidewalks along F.M. 1709, along Players Circle, and along the internal common access easements to meet the above requirement. Case No. ZA 05 -010 Attachment D Page 4 OIL I b � va ,� Pedestrian Conneckvity Recommendations 4 ` a o ' i� ,•,�' . A eammvn access easem „ .li cA C Environmental Resource Protection Recommendations No significant recommendations affecting this development Other Comprehensive Plan Element Recommendations No significant recommendations affecting this development N: \COMMUNITY DEVELOPMENT \JAY - PROJECTS \COMPREHENSIVE PLAN REVIEWS \ZA05 - 010 \COMP - PLAN - REVIEW SUMMARY.DOC Case No. ZA 05 -010 Attachment D Page 6 Surrounding Property Owners Lots 1 -9, Block 1, The Pavilion at Southlake ::: Tay� WEST Owner Zoning Land Use Acrea 1. Venus Partners Iv Lp "C -3" Retail Commercial 2.480 2. General Electric Cap. Bus. Fdg. "C -3" Retail Commercial 1.079 3. Kickapoo Investments Ltd "R -PUD" Medium Density Resid. 1.302 4. Myers Meadow Homeowners Assn. "R -PUD" Medium Density Resid. 4.029 5. Myers Meadow Homeowners Assn. "R -PUD" Medium Density Resid. 10.736 6. Myers Meadow Homeowners Assn. "R -PUD" Medium Density Resid. 4.898 7. W & B Kidd Family Ltd Prntshp "C -2" Retail Commercial 14.035 8. Barnes, Angela K "SF -20A" Medium Density Resid. 0.466 9. Darwish, Raed & Aubrey "SF -20A" Medium Density Resid. 0.508 10. Southlake Woods Homeowne Assoc "SF -20A" Medium Density Resid. 0.815 11. Aston, Burnus & Patricia "SF -20A" Medium Density Resid. 0.582 12. Hill, Curtis & Roberta "SF -20A" Medium Density Resid. 0.585 13. Tariq, Abu & Lubna "SF -20A" Medium Density Resid. 0.558 14. Haider, Maunawar & Mumtaz "SF -20A" Medium Density Resid. 0.536 15. Southlake Mp III Lp. "SF -20A" Medium Density Resid. 9.226 16. Goode, Robert & Norma "C -3" Retail Commercial NA 17. Liu, Bennet & Psyche Yu "AG" Retail Commercial NA Case No. ZA 05 -010 Attachment E Page 1 Surrounding Property Owner Responses Lots 1 -9, Block 1, The Pavilion at Southlake Notices Sent: Fifteen (15) Responses: Two (2) • Roberta A. Hill, 515 Indian Paintbrush Way, Southlake, TX 76092 — opposed. See attached petition received March 16, 2005. (received certified letter as resident within same platted subdivision.) • Allison Logan — website email — opposed. See attached email received April 4, 2005. Case No. ZA 05 -010 Attachment F Page 1 Propeoly Own or Response Fom P -- -(� o q Being the owncr(.3) of the piopevy so r OW -d, do hemby fivor or rtndedi're mii) the propoSed Fuotn tgof Cbe above r -cferonced Pr y- Signat= Date - Case No. Attachment F ZA 05 -010 Page 2 zpunt_ rJ1U]::J -%pill u-i. a:-jju 4.,Du r em T-D- Plarr :q Subject: [:m+all senr from City of ScuG VL ?b Bile IN LIEEM: Al h Login 1 - $1 ?4�494R 1srilail: 4lt}ar� 1 s�� nct ('.ci Ali cw [ ;3m ccncrrned abuu: (lie. 'MIJcur suc.L:e3 1rryvi1Iic17 5ba is Iin&rr cnrs�idcraimn. [ do I1oL think i1 31 anpmpi iaLa Lo bane such r; be i b y h.. np_ n witi 12 a. m. in Clow r3 LEM i i rt'LLy W a 3 tSi en'itil neighboik mil. 1rl,r.95r- c%inMdU Fnn� -ri11g the ��cilay [o -. corn ercidi] bcafion r�r IimirirtF its hn,3rs nt Qrcirj`i-,in Iii RU laLer 11 ia3I trudnighL oil wir an I p,m. on weckni &N. 1 arrL VINO COriCe.13KA about it gh sclival kids lo 34min,g in did parki n p lot n I Lunh a 1uL L : drirrki i i;; a[ Ld 111U If iving 111rr)i 1.12�) MW ii6gLm. hc,wl AdrtitiOnal.l -r tlterc 3'25 W U3U1 cased i i 3 of .'arid. - ,lisw io be higlischcc! as w.11. Case No. ZA 05 -010 Attachment F Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -453 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 1A, IAIA, & 1A1, SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING APPROXIMATELY 0.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "C -3" GENERAL COMMERCIAL DISTRICT 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 "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA05 -010 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, Case No. Attachment G ZA05 -010 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 Tracts IA, lAlA, & lAl, situated in the W.R. Eaves Survey, Abstract No. 500, being approximately 0.6 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "C -3" General Commercial District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions, if any: 1. Case No. Attachment G ZA05 -010 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 subj ect 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 Case No. Attachment G ZA05 -010 Page 4 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 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 Case No. ZA05 -010 Attachment G Page 5 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 , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY Case No. ZA05 -010 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -010 Attachment G Page 7 EXHIBIT "A" Being Tracts IA, IAIA, & lAl, situated in the W.R. Eaves Survey, Abstract No. 500, being approximately 0.6 acres: Case No. ZA05 -010 Attachment G Page 8 o� 00 0 O IN rM A b � Q � SLR.QdASiY C[d.ARTPER L4T CO NCEPr DATA SU?Z VJY CHART L.OT1 [ATS ix,i] L,XI'4 1-0Ti IATd 3ATY lAT1 LOT s zeeeg aua. r[o d NOTES cp e, - Required sueapUg rr�l5aro exEt: 7naxl tp SF Reaideg5B1. L.es llac e .wr . vflp us arreea9® Lho wt exceed 15% per Sol. A[nMWFKJ -I tren c o - RaddedW dewlop —t m5kkWr5,hall ip*fy L"53,{, 5, uld 6 d 3a��.errro...d • } o� pmxMtf lo SF Rmldm mwwc' sl' ro"�i.mar� v. L Z I - LjA IA s�II f� ` � *`'� � ]�i L sce+En�• ! �'g:;i:`ma., •'� . <�r�: o:. �'� � �� 4 \1 � � i�l� oEel[m•rnxec,w. `v 4 � r�weaciu ! - I f �.'•'.� �+ _ _t l .�✓� C „ a — y 41�tln`xea}mb�'u. 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