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Item 6A13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT January 13, 2011 CASE NO: ZA10 -039 PROJECT: Southlake Montessori EXECUTIVE SUMMARY: On behalf of Pecan Creek Southlake Partners, Blake Architects is requesting approval of a Zoning Change and Concept Plan from "O -1" Office Zoning District to "S -P -2" Generalized Site Plan Zoning District for the development of a one new one -story building approximately 18,975 square feet in size consisting of a Montessori School, medical office uses and general office uses on 2.25 acres located on the south side of Zena Rucker Road and adjacent to Rockenbaugh Elementary School at 731 Zena Rucker Road. SPIN #9 DETAILS: Blake Architects is requesting approval of a Zoning Change from "0-1" Office Zoning District to "S -P -2" Generalized Site Plan Zoning District to establish office uses under the "0-1" zoning district and a daycare/ Montessori School with a private "K" program as noted in the "S -P -2" Zoning Letter under "Attachment C' of this staff report. The original proposal heard by City Council included one building for a Montessori School approximately 9,370 square feet in size and the second building, approximately 9,605 square feet in size, serving as medical office use. The applicant has now since then modified the building footprint further and consolidated the two buildings to form one building approximately 18,975 square feet in size with the Montessori School use, medical use and general office use. On August 17, 2010 the City Council approved the proposal subject to modifications being made to the concept plan. On September 7, 2010 City Council granted the applicants request to table during the 2 nd Reading to address some of the concerns expressed such as parking, stacking depth, size of buildings and site layout. Case No. ZA10 -039 Modification .. Concern 1 st Rea ding . Parking seems Applicant added 3 Applicant modified plan insufficient for the uses spaces for a total of 81 and now has 80 parking proposed parking spaces. spaces. Applicant combined the Applicant has combined Too many buildings two Montessori school both buildings to make located on the lot buildings for a total of 2 buildings on the lot. one. The western drive aisle Western drive aisle has been moved approximately 20 -feet 1st No change since 1 located to close to the east to accommodate Reading western boundary line parking on both sides of the aisle. Case No. ZA10 -039 Seek input from CISD for location of the western drive aisle into Rockenbaugh Elementary property FiTQI[a] 011011=I =I17=I1:3 ATTACHMENTS: The drive aisle connection to Rockenbaugh was placed on the northwest corner of the lot. The drive aisle was placed in its original location after discussion with CISD. 1) Conduct Public Hearing 2) Consider 2 nd Reading Zoning Change & Concept Plan Approval Request (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Review Summary No. 5, dated January 11, 2011 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -598 (H) Full Size Plans (for Commission and Council Members Only) 6.1 r e l a & @i•] 01 k r_ « Ka", I: n Daniel Cortez (817) 748 -8067 (817) 748 -8070 Case No. ZA10 -039 BACKGROUND INFORMATION OWNER: Pecan Creek Southlake Partners I_1» I RIM 011 :3F1Ca- R•1i1[rZ= PROPERTY SITUATION: 731 Zena Rucker Rd. LEGAL DESCRIPTION: Lot 4, Block 1, Pecan Creek Addition LAND USE CATEGORY: Office Commercial / 100 -Year Flood Plain CURRENT ZONING: "0-1" Office Zoning District PROPOSED ZONING: "S -P -2" Generalized Site Plan Zoning District HISTORY: - July 3, 1979 City Council approved a Plat Showing for two lots on 25 acres of land. - February 22, 1984 City Council approved a Plat Revision for a subdivision of Lot 2 into three lots. - On October 2, 2001 City Council approved a Zoning Change and Concept Plan for this location under Planning Case ZA01 -077. Under the approval for this case the following conditions were placed on this lot: providing a 20' bufferyard with evergreen plant material adjacent to school property; accommodating an east -west access road in the design; no 2 story buildings permitted on the two south lots; and requiring pitched roof residential style construction on the south two lots. The applicant has indicated to staff compliance with these conditions and will provide additional materials when requesting a Site Plan approval from City Council. - A Plat Vacation of the Dilg Addition was approved by City Council on January 7, 2003 under Planning Case ZA02 -054. - On January 7, 2003 City Council approved a Preliminary Plat for Pecan Creek under Planning Case ZA02 -052 for the subdividing of the Dilg Place Subdivision. - On January 9, 2003 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA02 -053 to begin construction of two commercial /retail buildings on two lots. - On January 17, 2003 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA03 -049 in order to obtain a building permit for the construction of a medical office building on Lot 3, Block 1 of Pecan Creek. - On January 4, 2005 the City Council approved a revised Development Plan under Planning Case ZA04 -063 to designate the alignment for an approximate 500 feet section of Zena Rucker Road that will extend east from Byron Nelson Parkway. - On August 2, 2005 the City Council approved a Plat Revision for Pecan Creek under Planning Case ZA05 -044 to create lots for general /medical office construction and to dedicate the right -of -way for Zena Rucker Road through the Pecan Creek development. - On September 20, 2005 a Zoning Change and Site Plan were approved on Lot 2 of the Pecan Creek Development under Planning Case ZA05- 050 for the construction of a medical office building (Baylor Family Case No. Attachment A ZA10 -039 Page 1 Health Center at Southlake). CITIZEN INPUT: A Southlake Program for the Involvement of Neighborhoods (SPIN) meeting was held on July 12, 2010. The report for this meeting is under Attachment "C" of this staff report. SOUTHLAKE 2025 PLAN: Consolidated Land Use Plan The Southlake 2025 comprehensive plan designates this site as Office Commercial and 100 -Year Flood Plain. The existing zoning and type of development being proposed at this location is consistent with the Land Use Plan. WATER & SEWER: Water There is an existing 8 -inch water line on the north side of Zena Rucker Road that will serve this development. Sewer There is an existing 8 -inch & 10 -inch sanitary sewer line adjacent to this property that the applicant can tap into for service. TREE PRESERVATION: The site contains little to no tree cover other than the southern boundary and a few trees in the center of the property including two (2) Cedar Elms which are over 6" in diameter, three (3) Soap Berry's, which are deceased, and the rest are Hackberry, Mesquite, and American Elms which are shown to be removed and not a protected size. Under a previous approval by City Council (ZA01 -077) there was a condition placed on this lot for a 20 -foot bufferyard containing evergreen plantings. The applicant has indicated this on the Concept Plan provided. PLANNING & ZONING COMMISSION: August 5, 2010; Approved (5 -0) subject to the applicant providing a fence or other design element around the pond on site so as to treat it as a swimming pool [for safety purposes], to consider and look into the possibility of adding another driveway for the purposes of providing traffic relief, approving the requested variance and subject to Staff Review Summary No. 2, dated July 26, 2010. CITY COUNCIL: 1 St Reading August 17, 2010; Approved (7 -0) approving the variance for the driveway stacking depth and subject to a 6 -foot wrought iron fence being installed around the perimeter of the future improved detention pond; maintenance of the detention pond will be the applicant's responsibility so silt does not build; not granting the variance in parking reduction; noting that an aeration feature such as a fountain must be installed in the detention pond and also noting the applicants willingness to work with the Carroll Independent School District and City Staff regarding the western driveway access easement for access to Rockenbaugh Elementary; subject to Concept Plan Review Summary No. 3, dated August 9, 2010. 2nd Reading September 7, 2010; Tabled (7 -0) to the next scheduled City Council meeting Case No. Attachment A ZA10 -039 Page 2 date to address some of the concerns expressed by Council such as parking, stacking depth, size of buildings and site layout. On September 21 October 5 October 19 November 2 November 16 and December 7, 2010 and January 4 2011 City Council granted the applicants request to table until the next scheduled regular City Council meeting date. The applicant has requested to be tabled 8 times in order to consider options of revising the plans and further address concerns expressed by Council. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated January 11, 2011. N.ICommunity Development MEMO12010 Cases1039 - ZCP - Southlake MontessorilStaff Report Case No. Attachment A ZA10 -039 Page 3 Vicinity Map Southlake Montessori E SOUTHLAKE BLVD (FM 1709) > 0 O� ZA10 -039 Zoning Change & Concept Plan 731 Zena Rucker Rd. N W P, 0 275 550 1,100 Feet S Case No. ZA10 -039 Attachment B Page 1 Plans and Support Information Case No. Attachment C ZA10 -039 Page 1 517E DATA tl-JMMAF- CHART a'A- o 1 _ U) w u 1 Q I� H a VICINITY MAP y �� OONOEPT PLAN ZNO -059 FOR SOUTHLAKE MONTE550RI ZENA BACKER ROM LOTS ANT 00 K:1 PECAN ACRES ADOITON TARtANT 00U1TY, TEXAS '16043 WYHG ff4M Gf�: %VaLIKCPMmMB (MEDIUM DENSITY ••• • ••••. 6LOOK I SUMMARY CHART- INTE C RIOR LANDSAPE nn Im ' _ rvumeiu CONCP ET PLAN CONCEPT PLAN CITY OF SOUTHLAIGE APPR ikWC6 ren '� BLAKE ARCHITECT$ 1202S.White Chapel Road S,,i[eA � � Sou"AIn,T 76092 817486 - 9397 I�bo 5F OF INTERIOR LAND5LAPE AREA WITHIN THE PARKING ZONE . ��Oj oR ap�q r r�nawi ® �M> v'wi�a min =A== fEMICFS DATE: DECEMBER 20, 2010 �v.�.awnau�ana=,arx wo nmrerrox aomrao nimin rR an,usnr asraerwo. nsnxeao �• n voen -"- Er I aP :2 U N m Ea s ca Q O M z 0 N r U N BLAKE ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817 -488 -9397 July 28, 2008 City of Southlake Site Plan ZAIO -039 Southlake Montessori Zena Rucker Road Soutlake, Texas 76092 Sl' -2 Zoning Request: All requirements under 0-1 Zoning shall be followed and met with the exception of the following permitted uses change: In addition to the permitted uses under 18.2 add item number 37. Daycare / Montessori School with Private "V' Program. Section 35 Off - street Parking Requirements: Site shall allow a ten percent 10% parking required reduction. JUL 19 1010 Z A 1 0- 0 3 9 Case No. Attachment C ZA10 -039 Page 3 SPIN MEETING REPORT CASE NO. ZA'I 0 -039 PROJECT NAME: Southlake Montessori SPIN DISTRICT: SPIN 4 9 MEETING DATE: July 12, 2010 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS NIEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Fifteen (15) • SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (49), Ron Evans (410) • APPLICANT(S) PRESENTING: Cary Clarke, Pecan Creek Southlake Partners Jim Kelly, Champions DFW Realty • STAFF PRESENT: Clayton Comstock, Planner II STAFF CONTACT: Clayton Comstock, (817)748 -8269; ccomstock a,ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation The property is located at 731 Zena Rucker Road, just northeast of Rockenbaugh Elementary School Development Details • The applicant is requesting approval of a Zoning Change and Concept /Site Plan for a Montessori school and medical office building on 2.25 acres located at 731 Zena Rucker Road, next to Rockenbaugh Elementary School. The first two buildings will be leased by the property owner to a Montessori school and the third building (approx. 9,600 square feet) will house medical offices. M Jpl�RUµ y' ^^CG J C ®� c — p o if w, h Case No. Attachment C ZA10 -039 Page 4 QUESTIONS / CONCERNS Q What is the square footage of the second (unbuilt) building? A: The Montessori classroom building is approximately 5,800 square feet: the Alontessori activity building is approximately 3,500 square feet; and the medical office building is approximately 0,600 square feet. Q: Should you be concerned fort the safety of the children looking at how close the retention pond is to the school? A: The detention pond is planned to be enclosed by a fence. Q: How many students do you anticipate? A: Approximately 108 to 110 students_ Q: No buses? Parents will come and pick up at the same time? A: Drop -off and pick -up will be staggered throughout the day depending on the parents' schedules. Q: Will there be an opportunity for after - school care for Rockenbaugh students? A: Yes. Q: Who will be the administrator of the school? Q: What are the students' ages? Youngest? Oldest? A: The Montessori School services children 6 months to 6 years, after - school care is provided until 12 years old. Q: Do you think you'll be too small at some point? A: The program is meant to be selective and small class numbers, so no. Q: Are you aware of all the day cares currently proposed in the area? A: We have kept track of the existing and proposed day cares and schools in the area. Q: Has anyone enrolled yet? A: We have not marketed this site yet. Q: What is the anticipated completion date? Anticipated lease? A: As soon as the property is entitled we will begin construction. The lease with the property owner will likely be for 10 years. Q: Explain bus drop off. Q: Would you be willing to install a swing gate? Q: Is there a car line? How does drop -off pick -up work? Will a pick -up / drop -off lane be required? Case No. Attachment C ZA10 -039 Page 5 A: There will not be any car lines. Parents will park and enter the building to pick up their children. Q: Did you consider pulling the buildings closer to Zena Rucker Rd? A: No. that was not considered. Q: Is Rockenbaugh the only adjacent property? SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment C ZA10 -039 Page 6 Mazhar Zia 3904 Oakmeadow Drive Plano, TX 75093 July 30, 2010 Daniel Cortez Plainer 1 City of Southlake 1400 Main St. Southlake, TX 76092 Daiuel, The proposed Montessori School will have a maximum enrollment of 108 students. Staff including administration will not exceed 14 employees. The School will accept children ages of six weeks to six years. The hours of operation will be 7 am to 6 pm Monday through Friday. The business will be closed on all federal holidays. The school will be open for business all year around. The academic cur icuhun will be based on the Montessori philosophy. The school will not compete with the public schools in Southlake_ The children will graduate when they reach the age to attend public elementary school. Sincerely, Mazhar Zia 469 831 0333 Case No. Attachment C ZA10 -039 Page 7 MONTESSORI PARKING LAYOUT Chronological Checkin ♦w 46 37 19 1Q .0 0 .N N �O D 1 .lam No 0 . �. 0 C . Nom Time Check out 80 70 60 50 40 30 20 10 0 14:00 150 2 1558 1647 1652 17:03 1711 1723 1732 17:46 Case No. Attachment C ZA10 -039 Page 8 Case No. Attachment C ZA10 -039 Page 9 Case No. Attachment C ZA10 -039 Page 10 Ali 9d Case No. Attachment C ZA1 0-039 Page 11 Case No. Attachment C ZA10 -039 Page 12 CONCEPT PLAN REVIEW SUMMARY 136p. =0 raw, o_l[iai)cm Project Name: Southlake Montessori Review No.: Five Date of Review: 1/11/2011 Fil U U I RIM 011WITIWs]:l111X01; Blake Architects, Skip Blake 1202 S. White Chapel Blvd., Ste. A Southlake, TX 76092 Phone: (817) 488 -9397 Fax: (817) 251 -3205 OWNER: Pecan Creek Southlake Partners, Cary Clarke P.O. Box 93868 Southlake, TX 76092 Phone: (817) 410 -8400 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/20/2010 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 DANIEL CORTEZ AT (817) 748 -8070. A Site Plan submittal and approval will be required for the development of any buildings on site. Any change from the Concept Plan will require approval of a Zoning Change by City Council. 2. Correct the parking calculation for the medical office use. There are 8 parking spaces that are required for the first 1,000 square feet in addition to 1 space for every 150 square feet for the remaining square footage of the building. This should be shown as 52 spaces required for medical office use. Tree Conservation /Landscape Review Keith Martin, Landscape Administrator (817) 748 -8229 kmartinCa southlake.tx. us TREE CONSERVATION COMMENTS: The tree icons shown on the Site Plan are not correct and no information was provided regarding the existing trees on the site. Most of the trees shown on the Site Plan were removed during the first phase of development and the remaining trees west of the detention pond are dead. Provide the required Tree Conservation Analysis provided with the following information. Information required for Tree Conservation Analysis: i. Identification of Critical Environmental Features of the site: a. All grades over 5% b. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Alternative to a Tree Survey iii. Critical Root Zones of groups of trees iv. Boundaries of any tree preservation areas as identified in the ERP Map V. Identification of areas of environmental constraints not suitable for development vi. Identification of areas of minimal environmental constraints that are suitable for development vii. Areas of encroachment into Critical Environmental Features areas identified on the site Case No. Attachment D ZA10 -039 Page 1 viii. Stream /Creek buffers, if any ix. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application X. Such additional information as the Administrative Official may reasonably require given the particular characteristics 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. LANDSCAPE SUMMARY CHARTS: The interior landscape summary chart must include seasonal color calculations. Please refer to the Landscape Ordinance 544 -A for the correct interior landscape ratios. Informational Comments No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Please be aware that a Plat Revision must be processed and approved prior to the issuance of a building permit for changes in easements. Denotes Informational Comment Case No. Attachment D ZA10 -039 Page 2 Surrounding Property Owners Southlake Montessori SPO # Owner z Land Use Acreage Response 1. Hov Re Llc SP1 100 -Year Flood Plain, Retail 1.88 1 Commercial 33 Pecan Creek Shop Cntr Dallas SP1 Retail Commercial, Office Commercial 8 NR 3. Hcp Crs2 Ltach - Baylor Southlak 9 100 -Year Flood Plain, Retail 4.52 O Commercial, Office Commercial 10 7 4. Rcck Enterprises Llc 01 Office Commercial 0.91 NR 5 5. Pecan Creek Southlake Prts Lp 6 Commercial, Office Commercial, 2.30 NR 11 SPO # Owner Zoning Land Use Acreage Response 1. Hov Re Llc SP1 100 -Year Flood Plain, Retail 1.88 NR Commercial 2. Pecan Creek Shop Cntr Dallas SP1 Retail Commercial, Office Commercial 1.84 NR 3. Hcp Crs2 Ltach - Baylor Southlak SP1 100 -Year Flood Plain, Retail 4.52 O Commercial, Office Commercial 4. Rcck Enterprises Llc 01 Office Commercial 0.91 NR 100 -Year Flood Plain, Retail 5. Pecan Creek Southlake Prts Lp 01 Commercial, Office Commercial, 2.30 NR Public /Semi - Public 6. Carroll ISD RPUD 100 -Year Flood Plain, Public /Semi- 15.83 NR Public, Medium Density Residential 7. Pecan Creek Southlake Prtns Lp RPUD Retail Commercial, Retail 1.07 NR Commercial, Public /Semi - Public 8. Pecan Creek Southlake Prtns Lp RPUD Retail Commercial, Office Commercial 0.99 NR 100 -Year Flood Plain, Office 9. Rucker, William W Est & Zena AG Commercial, Medium Density 2.65 NR Residential 100 -Year Flood Plain, Office 10. Hayes, Billy W Etux Carolyn AG Commercial, Medium Density 2.91 NR Residential 100 -Year Flood Plain, Office 11. Jascar Investments Lp AG Commercial, Medium Density 4.20 NR Residential Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Eleven (11) Responses Received: One (1) NR: No Response Case No. Attachment E ZA10 -039 Page 1 Surrounding Property Owner Responses I 1 1 N HAPIP AUG` R-HIO All D 1 1 :44A A 1,1 L I t�j IC 1 0 , - 1, i S I _AX Nc 912 0 ,64 �JV5 P 0 0 Notification Response Form ZAIO-039 Meeting Date: August 5, 2010 at 6i30 PM , Ia, 1111" g 4 6.11 og iYr� Ser V ices W0 8660 Hcp Crs2 Ltach-Baylor Southlak 3100 W End Ave Ste 800 Nashville Tn, 37203 P 31978H I 2R N'17Y748� 8077 ' 1 - .4iffoa 9 ma IWO] am 14INVOIXIIII 211-M11 to's 1 Being the owner(s) of the property so noted above, are hereby in favor of osed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. AA,,a Signature: Date I Printed , N � \,C? Lq52- L Must be property owner(s) whose narno(3) arb"printed at tap. OtherwisciZntact the Planning Deparimenl. one farm peril Case No. Attachment F ZAII 0-039 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -598 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 DESCRIBED AS LOT 4, BLOCK 1, PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.25 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " "0-1" OFFICE ZONING DISTRICT TO "S -P -2" GENERALIZED SITE PLAN ZONING 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 "O -1" Office Zoning District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA10 -039 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 and 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 Case No. Attachment G ZA10 -039 Page 2 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 described as Lot 4, Block 1, Pecan Creek Addition, Southlake, Tarrant County, Texas, being approximately 2.25 acres, and more fully and completely described in Exhibit "A" from "O -1" Office Zoning District, to "S -P -2" Generalized Case No. Attachment G ZA10 -039 Page 3 Site Plan Zoning District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment G ZA10 -039 Page 4 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 Case No. Attachment G ZA10 -039 Page 5 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 17 day of August, 2010. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 7 th day of September, 2010. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA10 -039 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA10 -039 Attachment G Page 7 *:/:11:31 W_11 RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. ZA10 -039 Attachment G Page 8 EXHIBIT "B" RESERVED FOR APPROVED CONCEPT PLAN Case No. ZA10 -039 Attachment G Page 9