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Item 6A13 SOUTHLAKE CITY OF Department of Planning & Development Services STAFF REPORT April 27, 2011 CASE NO: ZA09 -062 PROJECT: 2411 Sam School Road EXECUTIVE SUMMARY: LandPlan Development Corp. is requesting approval of a zoning change and site plan from "AG" — Agricultural District to "S -P -1" — Detailed Site Plan District with limited 0-1 and limited 1 -1 uses, which include office /showroom and office /warehouse uses, on property located at 2411 Sam School Road, being described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 0.994 acres. REQUEST: The applicant is requesting the zoning change and site plan from "AG" Agricultural to "S -P -1" Detailed Site Plan District with limited 0-1 and limited 1 -1 uses, which include office /showroom and office /warehouse uses, to bring the existing building previously used as an office /warehouse building into conformance with Zoning Ordinance No. 480, as amended. The previous property owner used the facility as a cabinet manufacturing business and added approximately 2,000 square feet to the building without a permit in the early to mid 1990's, bringing the total square footage to approximately 7106 square feet. The cabinet use was discontinued /abandoned in the mid 1990s, at which time the previous property owners lost their "nonconforming use" status. The only changes proposed by the new owner are to remove the illegally added portion of the building, reducing the total floor area to 5,150 square feet, and to provide an additional driveway and parking spaces should the existing building be used for general office purposes. At first reading on April 19, 2011, City Council asked the applicant to further restrict the permitted uses in the S -P -1 regulations. The revised uses are listed in the S -P -1 regulations in Attachment C. ACTION NEEDED: 1) Conduct a public hearing 2) Consider second reading approval of a zoning change and site plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) STAFF CONTACT: Ker Background Information Vicinity Map Plans and Support Information - Link to PowerPoint Presentation Site Plan Review Summary No. 4, dated January 12, 2011 SPIN Meeting Report dated January 10, 2011 Surrounding Property Owners Map and Responses Ordinance No. 480 -602 i Baker (817) 748 -8067 Case No. ZA09 -062 BACKGROUND INFORMATION OWNER: JW Partners, Ltd. APPLICANT: LandPlan Development Corp. PROPERTY SITUATION: 2411 Sam School Road LEGAL DESCRIPTION: Tract 2B, a portion of Lot 2, R.P. Estes Subdivision LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: -The existing structure on the property was built in 1984 (Source: TAD). The exact construction date of the illegal addition is unknown, but it is believed to have been added sometime in the early to mid 1990's. -The "AG" Agricultural District zoning was assigned to the property when it was annexed into the City in 1987. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan shows Sam School Road to be a two -lane collector with seventy (70) feet of R.O.W. The existing R.O.W. shown on the site plan is 26'6 ". Dedication of adequate right -of -way will be required when the property is platted. Existing Area Road Network and Conditions Sam School Road is currently a two -lane undivided roadway with a width of twenty -one (21) feet. The site currently has one (1) access drive onto Sam School Road. The applicant is proposing to use the existing driveway in its current condition, subject to approval from the Fire Marshal. A dashed -in driveway is shown on the site plan, but it will be constructed only if the property is to be used for general offices uses in the future, at which time the existing driveway would be abandoned. PATHWAYS MASTER PLAN: An on- street bikeway is planned for Sam School Road. The zoning ordinance requires a five (5) foot sidewalk to be provided on any site plan requiring City Council approval. The applicant is proposing minimal site changes unless additional parking is needed for office uses. No sidewalk is proposed under the S -P -1 zoning. WATER & SEWER: A 2" water line serves this development and should be sufficient for the purpose of this submittal. If additional demand is needed, the property owner may need to consider extending an 8 inch water line from Dove Road. A septic system currently serves this development. Public sanitary sewer is not currently available to this site. Case No. Attachment A ZA09 -062 Page 1 DRAINAGE: The drainage from this development is generally to the west to an existing barrow ditch on the east side of Sam School Road and then along Sam School Road to the north. TREE PRESERVATION: The Tree Preservation Plan shows five trees as marginal and no trees to be removed. The trees shown as marginal would only be removed in the future if the building is to be used for general office uses, which would require the construction of the dashed in driveway and parking shown on the plan. The Tree Preservation Plan is subject to City Council approval following a recommendation by the Planning and Zoning Commission. SOUTHLAKE 2025: The Land Use Designation for the property is Low Density Residential. If the zoning change and site plan are approved, staff recommends that City Council provide a justification of the circumstances to allow the proposed uses on property with the Low Density Residential designation. SPIN MEETING: A SPIN meeting on this development was held on Monday, January 10, 2011 (attached). PLANNING AND ZONING COMMISSION ACTION: December 9, 2010; a motion to table the case to the January 20, 2011 P &Z meeting was approved (5 -0). January 20, 2011; a motion to table the case to the March 3, 2011 P &Z meeting was approved (5 -0). March 3, 2011; a motion to table the case to the April 7, 2011 P &Z meeting was approved on consent (5 -0). April 7, 2011; Approved (7 -0), subject to Site Plan Review Summary No. 4, dated January 12, 2011. CITY COUNCIL ACTION: April 19, 2011; Approved (7 -0), granting the zoning change and site plan on first reading from Agricultural to S -P -1 Detailed Site Plan District with the uses now in place and with removal of the illegally added addition, noting the applicant will come back with narrowed down language as to the uses allowed in the storage unit and subject to Site Plan Review Summary No. 4, dated January 12, 2011. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated January 12, 2011. Case No. Attachment A ZA09 -062 Page 2 Vicinity Map 2411 Sam School Rd. m l 9 r -� L I I i • Case No. ZA09 -062 , �I 480 960 Attachment B Page 1 SITE PLAN LINK TO POWERPOINT PRESENTATION SITE DATA SUMMARY MAGUIRE PARTNERS VOL LIB3 L. 1952 PG.324 LllU=NIDO±D TO VOL 6235 PG. 626 ORD KHA SFRANGE ZONED AG. ZONED AG. LUD -LOW DEISSTIY LUD -LOW DENSFI'Y RESIDENTIAL ReSOlENT1Al SOUTH 131.20 _ I I J I I J ].XI9TING VARIA I I I I I �t-_L i lil { III lu 2411 SAM SCHOOL ROAD R.P. B PORTION OP LOT R.P. FSTES 5 VT910N VOL. I95l PG. 314 OV Off' m �421 E USTING WROUGHT IRON I � i" IRF M I L ooR z I 1 3 1 8 1 e z MAGIIIRHPARTNHR6SOLANA, L]D.PG.9 ZONED AG. LUD =LOW D&NSDY RESIDENTIAL ®¢STING 5' CHARVLWKPENCI EXISTING ZONMG AG PROPOSED ZONING S -P -1 WRH 0.1 AND L16HTEO I -1 ll516 EX6]1NGLAND USEDA9IGNA'I[ON LOW DENSDY RESIDENTIAL PROPOSED LAND USE DESIGNATION MIXED USE GROSS ACRHAGE S%ACRBS (43,316 S.P.) NET ACREAGE .953 A— (41,032 S.P.) ML3fBEROFPROPOs -O 1 FIDt FAGEOFE1TefAVERAGE 12.55% AREA OP OPEN SPACE 25,9069.F PERCENTAGE OP OPEN SPACE 3.14% AREAOP 6IPERVfOU6 COVERAGE 13,141 S.P. PMCENTAGE OF NTPERVTOUS COVERAGE 32.03% BUDAINOARAA(SX.) 5,15OSA. —0,— 1 BUILDINGHT. 14' FLOOR AREA 5,1506.P. FLODRAReA BYU6E WAREHOUSE 5,1508.F. REQ—D PARKING WAREH011SH II3000 FUTURE OPPICE %POR FIRST I,000SP +1/300 6 cpecec 22 spares FROVDIFD PARKING FUT -0 1/1000 OFFICE8FOR FIRST I,000SF +1!300 6epazm 22 aper REQ111H8DLOADINGSPACES FUIT 2 PROVIDEDLOADING9PACE5 CURRENTO/FUTURE2 AREA OF OUISII3E STORAGE N/A PHRCENTAGE OP OUTSIDE BTORAGE N/A �I i" C.LR.S. { DISTANCEFONPA T CL OF DRIVEWAY 6355' D6aaxcE TO NEAREST SAM SCHOOL ROAD CL OP DAFVEWAY 15132P �n _ CLOP SAM SCHOOL ROAD ALLEN NATIONAL PROPERTY LLC TANFD AG LLID -LOW n]?NSITY RHSIDI!NTTAL n SITE PLAN SCALE: 1 "= 20' -O" 0 t�r Case No. Attachment C ZA09 -062 Page 1 REVISED S -P -1 REGULATIONS SUBMITTED APRIL 26, 2011 "S -P -1" Detailed Site Plan District The property consists of just less than one acre (0.994 acres). An existing commercial building of 7,106 square feet is located on the property. The most recent use of the property was office /warehouse. This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "O -1" Office District uses and regulations with the following exceptions: Permitted Uses Requested uses out of the 0-1, Office District and 1 -1, Light Industrial District are listed as follows; 1. Office Uses a. Accounting and tax preparation; b. Architecture; c. Bill paying services; d. Chiropractors; e. Computer services; f. Contractors offices; g. Finance; h. Interior design; i. Land surveying; j. Other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise; and k. Real estate and insurance 2. Industrial Uses a. Cabinet or carpentry shop; Case No. Attachment C ZA09 -062 Page 2 b. Ice cream manufacturing; c. Janitorial or cleaning services; d. Mini - warehouses e. Roofing contractor business premises; f. Sign manufacturing g. Spray painting shop; and h. Warehouses Development Regulations 1. As a property with an existing septic system, the minimum one (1) acre land area required for a septic system is not required. The Existing on -site sewage facility has been evaluated by a Registered Sanitarian and report is attached. 2. Any dense hedge or plant materials may be used to fulfill screening requirements provided it is maintained in a healthy growing condition. Existing landscaping shall remain and serve as a natural screening device as shown on the site plan. There are no trees to be removed with this site plan. The existing trees and fencing will satisfy the screening requirements in Ordinance No. 480, Section 39.6. 3. Due to the presence of the existing fences and a substantial number of existing trees along the north, south, and east property lines, the existing fences as noted on the site plan will satisfy the fence requirements for the north, south, and east buffer yards. The existing trees and fencing will satisfy the screening requirements in Ordinance No. 480, Section 42. 4. Off street parking: The existing building and site is served by a gravel drive and parking area which is not currently striped. Parking for the existing building is currently gravel and has enough allotted space for the required parking calculation which is 111000 square feet of building. Parking areas will not be striped, but will be maintained as an all weather surface. 5. Fire lanes: The existing building and site is served by a gravel drive which is not currently striped. The existing gravel drive will not be striped, but will be maintained as an all weather surface 6. Sidewalks and/or trails: The sidewalk and trails requirement shall not apply to the existing building on the property. Case No. Attachment C ZA09 -062 Page 3 7. Accessory buildings: Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5) to a property line located in the rear yard (Ord. 480, Section 34.2.a). The existing 8' x 8' well house near the northern property shall be allowed. 8. The Residential Adjacency Standards contained within Section 43, Part III of the Comprehensive Zoning Ordinance No. 480 shall be replaced with the following: a. Masonry Requirements: The existing structure fagade shall remain as is. A portion of the existing structure shall be removed in order to meet the previously approved structure. The removal area shall match the existing fagade in materials and color. b. Roof Design Standards: The roof design standards shall not apply to the existing building on the property. c. Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. d. Facade Articulation: The fagade articulation requirements shall not apply to the existing building on the property. e. Loading and Service Area requirements shall not apply to the existing building on the property. f. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within twenty -five feet (25') of single family residential property. Trash Receptacles and Recycling Receptacles shall be residential style polycarts. g. Setbacks / Yards: No non - single family residential building may encroach in the area above a line having a slope of 4:1 from any single - family residential property. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. (See Exhibit 43 -E for clarification.) Any applicable structures abutting a local street (i.e., residential street and cul -de -sac as defined in the Thoroughfare Plan) shall provide minimum front and side yards equivalent to the front and side yards required for the single family residential property within 400,' but not less than the front and side yards otherwise required in the underlying zoning district. h. Spill -over Lighting: No use or operation shall produce direct or indirect illumination across a residential property line except in compliance with the current lighting ordinance, as amended. i. Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. Case No. Attachment C ZA09 -062 Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA09 -062 Review No.: Four Date of Review: 1/12/11 Project Name: Site Plan - 2411 Sam School Road APPLICANT: Bill Perman Cross Engineering Consultants, Inc. 106 W. Louisiana St. McKinney, TX 75069 Phone: (972) 562 -4409 Fax: bill @crossengineering.biz OWNER: Jim Williams, Jr. JW Partners, Ltd. 5400 Dallas Parkway Frisco, TX 75034 Phone: (214) 618 -3800 E -Mail: iim(a CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/12/11 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 DENNIS KILLOUGH AT (817) 748 -8072. Provide a written narrative describing the use, operation, phasing, infrastructure to be provided, etc. 2. Correct the property description to Tract 2B, a portion of Lot 2, R.P. Estes Subdivision 3. Please make the following changes to the S -P -1 regulations: a. Add to the regulation for the fire lane that it will support 75,000 lbs. 4. Please correct the net acreage to equal the gross acreage since no R.O.W. is being dedicated. Tree Conservation /Landscape Review TREE CONSERVATION COMMENTS: The Tree Preservation Plan is subject to City Council approval following a recommendation by the Planning and Zoning Commission. 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. Indicates informational comments. Public Works /Engineering Review WATER AND SANITARY SEWER COMMENTS: A 2" water line serves this development and should be sufficient for the purpose of this submittal. If additional demand is needed, the property owner may need to consider extending an 8 inch Case No. Attachment D ZA09 -062 Page 1 water line from Dove Road. A septic system currently serves this development. Public sanitary sewer is not currently available to this site. 31MA10 Five] AUDIC M IMIA0k163 The drainage from this development is generally to the west to an existing barrow ditch on the east side of Sam School Road and then along Sam School Road to the north. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Informational Comments: No review of any 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. The applicant should be aware that prior to issuance of a building permit 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 Case No. Attachment D ZA09 -062 Page 2 SOUTHLAKE SPIN MEETING REPORT CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION: ZA09 -062 Southlake Sam School Road SPIN # 5 January 10; 7 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3C TOTAL ATTENDANCE: Six (6) • SPIN REPRESENTATIVE(S) PRESENT: Wendi Carlucci ( #5) • APPLICANT(S) PRESENTING: Ray Williamson, LandPlan Development Corporation; et al (2) • STAFF PRESENT: Lorne Fletcher, Planner I STAFF CONTACT: Richard Schell, Planner II, (817)748 -8602; rsche[Inci.southlake.tx.us EXECUTIVE SUMMARY Property Situation The property is located at 2411 Sam School Road. Development Details • The applicant is requesting approval of a zoning change and site plan from AG Agricultural District to S -P -1 Detailed Site Plan District with 0-1 Office District and limited 1 -1 Light Industrial District uses. The property has a Land Use Designation of Low Density Residential so the applicant has also submitted a Comprehensive Plan Amendment (CP09 -003) requesting a Mixed Use designation. The property consists of just less than one acre. An existing commercial building of 7,106 square feet is located on the property. The most recent use of the property was office /warehouse. The commercial building was constructed on the property in 1984. The City of Southlake annexed and zoned the property in 1987 rendering the commercial building non- conforming. The applicant proposes to remove the illegal addition that was built and use the original 5,150 square foot commercial building. The applicant stated that they have cleaned up the property and will make subtle improvements once the addition is removed. Once additional properties become available for development to the north, the applicant has stated a desire to plan a much larger, high -end development. QUESTIONS / CONCERNS • Is there a wall in the back? _ Yes, a nice retaining wall that is in very good condition. We plan to keep it. Case No. Attachment E ZA09 -062 Page 1 • The plan shows parking. Are you going to pave that area? The parking is depicted on the site plan in case future use evolves as offices. We currently do not intend to pave the parking lot. • Will there be light manufacturing there? No, it will mainly be a warehouse area for someone who may want to store a car collection. • Will trucks be coming in and out? No, this will not be a public storage area. There will only be one entity occupying this space. • What was the original use? Cabinet making • When Sam School Road gets developed, will you improve this piece? Yes, this one acre will likely turn into a 5 -acre + development... possibly garden offices. 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 E ZA09 -062 Page 2 Surrounding Property Owners 2411 Sam School Road 18 19 17 20 13 16 15 14 IPA m 12 ti 21 'Q 11 23 I 3 9 10 = U 7 2 1 U � w 22 O 8 5 C 4 G' U D O 2 SPO # 1. Owner Barber, Phil M Zoning AG Land Use Low Density Residential Acreage 5.02 Response NR 2. Smith, Richard Etux Ann SF1 -A Low Density Residential 4.86 NR 3. Maguire Ptnrs - Solana Ltd AG Low Density Residential 2.01 NR 4. Wise, Philip W Etux Anne AG Low Density Residential 1.04 NR 5. Webster, Philip W Etux Delores AG Low Density Residential 1.17 NR 6. Jw Partners Ltd AG Low Density Residential 1.02 NR 7. Crawford, James Anderson AG Low Density Residential 1.00 NR 8. Maguire Ptnrs - Solana Ltd AG Low Density Residential 2.24 NR 9. Strange, Kim AG Low Density Residential 0.54 NR 10. Smith, David J AG Low Density Residential 0.49 NR 11. Crawford, Tommy Wayne Est AG Low Density Residential 1.03 NR 12. Maguire Ptnrs - Solana Ltd AG Mixed Use 10.07 NR 13. Maguire Ptnrs - Solana Ltd AG Mixed Use 5.91 NR 14. Maguire Ptnrs - Solana Ltd AG Mixed Use 0.96 NR 15. Maguire Ptnrs - Solana Ltd AG Mixed Use 1.03 NR 16. Maguire Ptnrs - Solana Ltd AG Mixed Use 3.08 NR 17. Maguire Ptnrs - Solana Ltd AG Mixed Use 0.92 NR 18. Maguire Ptnrs - Solana Ltd AG Mixed Use 6.96 NR 19. Maguire Ptnrs - Solana Ltd AG Mixed Use 3.50 NR Case No. Attachment F ZA09 -062 Page 1 20. Maguire Ptnrs - Solana Ltd AG Mixed Use 5.11 NR 21. Allen National Property Llc AG Low Density Residential 1.12 F 22. Allen National Property Llc AG Low Density Residential 2.09 F 23. Allen National Property Llc AG Low Density Residential 1.05 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty -three (23) Responses Received: One (1) Case No. Attachment F ZA09 -062 Page 2 Dec 07 10 08:31a Marcia 9726240205 Notification Response Form ZA09 -062 Thursday, December 9, 2010 -6:30 PM Allen National Property Lie 6500 Sudbury Rd Plano Tx, 75024 A1107 1802Aa2 P.1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL ■ .1 =A 014 HAND DEL4Vf-W - BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of apposed to undecided - about (circle or underline one) -, the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Date: 117 1 -kc Additional Signature: Date: Printed Name(s): w wrL� Must be PraPedy owner(s) whose narne(s) are printed at to O. Otherwise cnnFact the Planning Department. Omform per property.. Phone Number (optional): k� Case No. Attachment F ZA09 -062 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -602 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 TRACT 2B, A PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.994 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P- 1" DETAILED SITE PLAN DISTRICT WITH "I -1" LIGHT INDUSTRIAL DISTRICT USES, 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 Case No. Attachment G ZA09 -062 Page 1 District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment G ZA09 -062 Page 2 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 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: Case No. Attachment G ZA09 -062 Page 3 Being legally described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, being approximately 0.994 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S -P -1" Detailed Site Plan District with 1 -1" Light Industrial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Case No. ZA09 -062 Attachment G Page 4 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 ZA09 -062 Page 5 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a Case No. Attachment G ZA09 -062 Page 6 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 19th day of April, 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA09 -062 Page 7 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA09 -062 Attachment G Page 8 EXHIBIT "A" Being described as a Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas and being approximately 0.994 acres. Reserved for metes and bounds description Case No. ZA09 -062 Attachment G Page 9 EXHIBIT "B" Reserved for approved Site Plan Case No. Attachment G ZA09 -062 Page 10