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Item 6OCITY 01 SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 29, 2012 CASE NO: ZAl2 -064 PROJECT: Zoning Change & Site Plan for Silver Ridge Assisted Living Facility EXECUTIVE SUMMARY: REQUEST DETAILS: ET" 1101 ill Ik1NI NI QNII] ATTACHMENTS: STAFF CONTACT: On behalf of MDJ Texas Realty Holdings, LLC, G &A Consultants, LLC is requesting approval of a Zoning Change and Site Plan from "AG" Agricultural District to "S -P -1" Detailed Site Plan District for Silver Ridge Assisted Living Facility on property described as Tract 3B, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas; and located at 600 N. Kimball Ave., Southlake, Texas. SPIN Neighborhood # 4. The proposed zoning change and site plan allows for the construction of an assisted living facility consisting of three (3) buildings totaling approximately 33,713 square feet on an approximately 5.221 acre tract of land. The proposed "S -P -1" uses and regulations are based on the "MF" Multi - Family District uses and the "SUP" Specific Use Permit regulations concerning assisted living facilities outlined below in attachment "C" of this report. 1) Conduct a public hearing 2) Consider approval of a Zoning Change and Site Plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) SPIN Meeting Report (E) Site Plan Review Summary No. 2, dated August 1, 2012 (F) Surrounding Property Owners Map (G) Surrounding Property Owner Responses (H) Ordinance No. 480 -624 (1) Full Size Plans (for Commission and Council Members Only) Dennis Killough (817)748 -8072 Matt Jones (817)748 -8269 Case No. ZAl2 -064 BACKGROUND INFORMATION ITA /e1 »I[91ALl116 PROPERTY ADDRESS: PROPERTY DESCRIPTION LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING I:I6 to] Zvi SOUTHLAKE 2030 PLAN TRANSPORTATION ASSESSMENT: MDJ Texas Realty Holdings, LLC G &A Consultants, LLC 600 N. Kimball Ave. Tract 3B,Thomas Mahan Survey, Abstract No. 1049 Mixed Use "AG" Agricultural District "S -P -1" Detailed Site Plan District There is no development history on this property. Consolidated Land Use Plan The underlying land use designation of this property is "Mixed Use ". The proposed assisted living facility development is consistent with the recommended scope of uses under the "Mixed Use" land use designation. In addition, this property is included in the SH 114 Corridor Plan. The Corridor Plan recommends mixed uses in the area. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows an 8' Muli -Use Trail along E. Kirkwood Blvd. as well as an On- Street Bycicle lane. There is currently an 8' path infront of the subject property along E. Kirkwood Blvd. Existing Area Road Network and Conditions E. Kirkwood Blvd. is currently a two -lane paved street with 100' dedicated ROW. Traffic Impact Case No. Attachment A ZAl2 -064 Page 1 Current Proposal Assisted Livina Facilitv 1 33.713 1 35 1 10 1 5 1 7 1 13 'Vehicle Trips per Day per 1,000 s.f. of Gross Floor Area WATER & SEWER: There is currently a 12" water line and a 15' sewer line along E. Kirkwood Blvd. to the north of the subject property. TREE PRESERVATION: For property sought to be zoned "S -P -1" Detailed Site Plan District, the City Council shall consider the application for a Tree Conservation Plan in conjunction with the corresponding development application. The applicant is proposing the following: TREE PRESERVATION SITE AREA 195,235 S.F. EXISTING TREE COVERAGE 54,633 S.F. (27% OF TOTAL SITE) REQUIRED: 70% PRESERVATION OF EXISTING TREE COVERAGE. TREE PRESERVATION 46,401 S.F. (85% OF EXISTING TREE COVERAGE) TREES TO BE REMOVED 8,232 S.F. (15% OF EXISTING TREE COVERAGE) CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for this project was held by the applicant on July 23, 2012. A SPIN Report is included as Attachment D of this Staff Report. P &Z RECOMMENDATION: On August 9, 2012 the Planning and Zoning Commission voted to approve the request by a vote of (6 -0) subject to the Site Plan Review Summary #2 dated August 1, 2012 and subject to the applicant entering into an avigation easement with the City of Southlake CITY COUNCIL: On August 21, 2012 the City Council voted to approve the request by a vote of (4 -1) subject to the Site Plan Review Summary #2 dated August 1, 2012 and subject to the applicant entering into an avigation easement with the City of Southlake. Council also requested more information be provided on the amenties to be provided. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated August 1, 2012. Case No. Attachment A ZAl2 -064 Page 2 Vicinity Map Silver Ridge Assisted Living E. Kirkwood Blvd. ai a ' � O o Z Cherty Gt. herry L ZAl2 -064 Zoning Change and Site Plan 600 N. Kimball Ave. ` 4 e. R � E 0 205 410 S 820 Feet Case No. Attachment B ZAl2 -064 Page 1 ZONING NARRATIVE S11LPLANNING CIVIL ENGINEERING PLA'I`FING CONSULTANTS, LLC 9 � LAND SURVEYING LANDSCAPE ARCHITECTURE 0 July 2, 2012 Mr. Ken Baker Director of Planning & Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Silver Ridge Assisted Living — Zoning Site Plan Application Letter of Intent G &A Job No. 12085R Mr. Baker: Please accept this letter, on behalf of MD) Texas Realty Holdings, LLC, as an explanation of the proposed Zoning Site Plan application for approximately five acres of land generally located on the southwest corner of the intersection of Kirkwood Boulevard and Kimball Avenue, directly west of the Gateway Church campus. The proposed development is an assisted living facility that provides continuing care for the elderly and includes specific care for those with Alzheimer's. The project will be known as Silver Ridge Assisted Living and a sister campus is located in Colleyville. INTENT The property on which Silver Ridge Assisted Living will be located is currently zoned Agricultural and is designated as Mixed Use on the Future Land Use Map. The purpose of this application is to change the zoning to Site Plan 1 (SP -1) to accommodate the proposed use of assisted living, to provide a detailed plan of the proposed improvements and development standards, and to demonstrate compliance with the Specific Use Permit requirements for assisted living facilities. SITE PLAN The Silver Ridge Assisted Living site plan shows three separate buildings: 1) the main assisted living facility includes approximately 33,700 square feet; 2) the second largest building is Alzheimer's assisted living (memory care) and is approximately 8,900 square feet; and 3) the third and smallest building is a chapel and respite care encompassing approximately 2,200 square feet. The buildings are connected via a covered breezeway and sidewalk and the two main buildings each have their own outdoor common areas. The proposed building configuration was planned to provide the residents with outdoor views of the adjacent lake on the Gateway Church property to the west. The proposed pathways and outdoor recreation areas are also oriented to face the lake in order to enhance the user experience for the residents. The site plan includes a total of 38 parking spaces and one point of access onto Kirkwood Boulevard. The parking areas are grouped into two separate areas with one to serve the assisted living facility and the other to serve the Alzheimer's facility. The northwest portion of the site contains extensive tree canopy coverage. This area is included on the City's Environmental Resource Protection Map as an area to be preserved. Therefore, the proposed development was designed to preserve this area in order to protect any environmental resources it may contain. In addition, it can be viewed and enjoyed by the residents, thereby serving as an amenity while preserving the environment. 111 Hillside Drive • Lewisville, TX 75057 P: 972.436.9712 F: 972.436.9715 611 Dallas Drive, Suite 114 0 Roanoke, TX 76262 9 P: 682.831.9712 F: 817.890.4043 Case No. Attachment C ZAl2 -064 Page 1 Silver Ridge Assisted Living — Zoning Site Plan Application July 2, 2012 Page 2 of 3 Building #1: Assisted Living Facility The main assisted living facility will maintain the small home -like environment, focusing on high care standards similar to the Colleyville campus which is located at 412 Timberline Drive North. Resident rooms will have private baths, a nurse call system in each room and bathroom, Fios TV and internet, and a high -end custom finish out. It will include 24, type B licensed, assisted living rooms which have all been designed to take the residents and staff needs into consideration. The room breakdown includes 6 one bedroom units, 12 private studios, and 6 semi- private studios. There can be a total of 30 beds provided in the assisted living facility. A variety of dining options are proposed within the assisted living facility. Residents can enjoy dining in small dining rooms, large /formal dining rooms, and outdoor dining areas. Large common areas and smaller living areas are located at central points and provide the residents with more gathering, visiting, and leisure options. The assisted living facility also includes an intimate chapel /prayer room, beauty salon, exercise /rehabilitation room, conference room, library, media /TV room, gazebo by the adjacent lake, resident garden areas and lots of private and shared covered porches. In addition, the assisted living facility will also have a van and smart car for the activity director and assistant activity director to take residents on planned offsite activities and to church. The Smart Car will also be used to transport residents to Gateway Church. A large commercial kitchen that can handle meal preparation and storage to serve three freshly prepared healthy meals per day plus snacks to the residents, their families, and staff. There will also be walking trails along the adjacent lake, as well as a large outdoor cover patio and dining area overlooking the adjacent lake to the west. Building #2: Alzheimer's Assisted Living (Memory Care) Silver Ridge Assisted Living includes a Type B licensed, secure memory care facility. The memory care facility will have sufficient resident rooms to allow for approximately half to be private and half to be semi - private or shared. It will include a total of 14 rooms with 22 beds. The rooms will also be slightly larger in size than those at the Colleyville campus. Two living rooms areas will also be provided with a central dining area. The memory care facility will have a secured outdoor courtyard with walking paths to provide outdoor recreation for the residents. Building #3: Respite Care and Chapel Other services that are being proposed with Silver Ridge Assisting Living are respite care for residents and a community chapel. The third building on the site includes three separate and private rooms for respite care, a private dining /quiet room with covered porch, a private living room, and a chapel for residents. Staffing Analysis Silver Ridge Assisted Living will follow a similar employment mix of the Colleyville campus. By providing the same high level of care standard as Colleyville, Silver Ridge Assisted Living at Southlake will be adjusted to fit the exact needs of the residents and also employ qualified and experienced caregivers, many with CAN qualifications, housekeeping staff members, full time activity director, full time licensed nurse, full time medication technicians, dietary staff members, and two administrative staff members. Below is a breakdown of the existing staffing pattern of the Colleyville campus: Average number of total residents over past 12 months: 28 Facility is staffed 24 hours a day, seven days a week with 3 shifts at the following times: 0 6:00 AM — 2:00 PM 4 10 FTE ratio of residents to employees at 2.8:1. 0 2:00 PM — 7:00 PM -) 12 FTE ratio of residents to employees at 2.3:1. 0 7:00 PM —10:00 PM -j 5 FTE ratio of residents to employees at 5.6:1. 0 10:00 PM — 6:00 AM 4 FTE ratio of residents to employees at 7:1. There are two cooks from 7:00 AM — 7:00 PM Case No. Attachment C ZAl2 -064 Page 2 Silver Ridge Assisted Living — Zoning Site Plan Application July 2, 2012 Page 3 of 3 The anticipated staffing mix at Silver Ridge Assisted Living at the South lake campus will include all of the staff listed above in the Colleyville staffing mix, plus additional employees consisting of the following positions: • Two assistant cooks with a shift time of 10:00 AM — 6:00 PM • One additional housekeeper with a shift time of 9:00 AM — 5:00 PM One full time maintenance staff member with a shift time of 8:00 AM — 5:00 PM • One full time activity coordinator /assistant with a shift time of 9:00 AM — 5:00 PM • One full time marketing director with a shift time of 8:00 PM — 5:00 PM The current plans and projected budgets for this campus have included all additional staff members. The operation of the facility is intended to increase staffing according to the planned resident occupancy levels. DEVELOPMENT STANDARDS With the Zoning Site Plan application, specific development standards have also been submitted. These standards outline the proposed minimum or maximum requirements for this specific development. They include a listing of permitted uses, accessory uses, and development regulations. The City of Southlake also requires assisted living facilities to adhere to the specific use permit regulations. The proposed development standards comply with this requirement and specifically state that they are in addition to the requirements listed in Section 45.8 of the Comprehensive Zoning Ordinance, titled "Specific Regulations for Assisted Living Facilities ". Thank you in advance for your consideration of this request. Please do not hesitate to contact me with any questions or comments regarding this application. Sincerely, Randi Rivera cc: Mr. David Keener, MDJ Texas Realty Holdings, LLC Mr. Keith Kithsiri, MDJ Texas Realty Holdings, LLC Mr. Robert J. Dollak, Jr., P.E., G &A Consultants, LLC Z: \2012 \12085R \PDF - Submittals \Zoning \12085R ZSP L01070212.doc Case No. Attachment C ZAl2 -064 Page 3 PROPOSED S -P -1 REGULATIONS Development Standards SP -1 Zoning Silver Ridge Assisted Living Facility 5.221 Acres PERMITTED USES The following uses shall be permitted in the SP -1 Site Plan Zoning District for Silver Ridge Assisted Living: a. Housing facilities for the purposes of providing continual health and personal care for the elderly and persons with Alzheimer's or other conditions; b. Private and semi - private residences; c. Dependent and independent senior living facilities; d. Group dining facilities; e. Chapel and respite care; II. ACCESSORY USES In addition to the required amenities and permitted ancillary uses listed in City of Southlake Zoning Ordinance, Section 45.8, "Specific Regulations for Assisted Living Facilities ", the following accessory uses shall also be permitted by right in the SP -1 Site Plan Zoning District for Silver Ridge Assisted Living: a. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal use; b. Private swimming pool, wading pools, and game courts; c. Gazebos, arbors, pergolas, and trellises; d. Fountains, ponds, and ornamental pools; e. Breezeways and covered walkways; f. Exercise and recreation facilities; g. Outdoor gardens and greenhouses; h. Medical storage and on -site storage of records or file materials; i. Barber and salon services for residents; III. DEVELOPMENT REGULATIONS In addition to the development regulations listed in the City of Southlake Zoning Ordinance, Section 45.8, "Specific Regulations for Assisted Living Facilities ", the following shall also apply in the SP -1 Site Plan Zoning District for Silver Ridge Assisted Living: a. Height: No building or structure shall exceed thirty -five (35) feet. b. Front Yard: There shall be a minimum front yard setback of thirty (30) feet. c. Side Yard: There shall be a minimum side yard setback of fifteen (15) feet. d. Rear Yard: There shall be a minimum rear yard setback of twenty (20) feet. If abutting existing residential, the minimum rear yard setback shall be forty (40) feet. Case No. Attachment C ZAl2 -064 Page 4 e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not to exceed forty (40) percent of the lot area. f, Lot Area: There shall be no minimum area for a lot, g. Floor Area: Except for the items specifically listed in Section 45.8 for assisted living facilities, there shall be no minimum floor area. h. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed fifty (50) percent of the total lot area. i. Open Space: The open space requirement shall be replaced by the Pedestrian - Oriented Open Space requirement listed in Section 45.8. 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N NTS N COSULTA LLC � Y,I „N,.•,.u ^mow: ry'Al,ry C i t y of S o u t h I a k e n. m12 ecjp T a r r a n t County, T e A a 5 ZRO2XU ®SAl[YwlrylCan¢p$OJ 1p H6rtE pl. )d32Gwp TW=o pM.Mm 1.e a.m .M e..xwm *u. -d .m nm D. i.-l— ..n — .1 ...— rn. A...MI .iE mn i.e. w.n=M -- D.m xMYDl. nt.m.im.Tlb p1a, s.uDpgm O�., Case No. Attachment C ZAl2 -064 Page 9 SEATING AREA LEGEND Locatlalf COVered texire An al L —tonof Uncore re d Seating Areas Case No. ZAl2 -064 Seating Areas Exhibit 0 Silver Ridge Assisted Living p b mE� N CONSULTANTS,LIi City o f S o u t h l a k e a.Amb np.lmasn ow. Augo,c n,mv ry.�r Tarrant County, Texas LO— E - hJ- &]laaa Tib m�nw pan n M.�,aee ro. m��.pmn aevapp— u<p a,e rtie nm a. 12ll— ..n prxaY .1 r m.e aacumem- Ae e«Yi —­--l—led r.up ea.r eAYble Mmmetlm.Tlb pYn bruOVea to C�mg.. 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ZAl2 -064 PROJECT NAME: Silver Ridge Assisted Living Facility SPIN DISTRICT: SPIN # 4 MEETING DATE: July 23, 2012; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3C — 3D TOTAL ATTENDANCE: Twenty -two (22) • SPIN REPRESENTATIVE(S) PRESENT: Lou Hillman - # 4, Ray Tremain - # 9 • APPLICANT(S) PRESENT: David Keener, Owner & Developer; Keith Kithsiri, Silver Ridge Partner, Hospital Acute Care Management • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Matthew Jones, Planner I, (817)748 -8269; mionesoci. south lake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located on the south side of Kirkwood Boulevard and west of Kimball Avenue; it is approximately 5 acres. Development Details • The applicants are proposing a zoning change with site plan to construct three (3) buildings: o 22,520 square foot assisted living 0 8,970 square foot memory care 0 2,223 square foot chapel and respite care • The main goal for this project is to provide a small home -like facility that offers a 4 -1 caregiver ratio. • The developer also boasts LEED certified construction goals. The following exhibits were presented at the meeting: Ca t D ZAl2 -064 Page 1 51� Mdge Autsted uanj $- thlahe. Texas i e .a d X KcI QUESTIONS /CONCERNS • What will be the response time for South lake emergency services? o We anticipate less than a minute. Baylor is the closest hospital. • Will your facility offer private rooms? o There will be some private rooms. The assisted living rooms are private by request and/or availability. The memory care rooms are semi - private. • Do you ever pair assisted living with memory care? o No • Explain the level of nursing? o This is not a skilled nursing facility, however, it will offer limited rehab. The nursing staff works during normal business hours managing medications and personal care. There will be a 24 -hour on call as well as regular doctor visits. • Is there an employee break room? o Yes, however, we encourage our staff to eat and mingle with the residents. Create family -type relationships. • This facility is located along the water on the Gateway property. Are there preventative measures in keeping the residents safe from wandering off? o Yes. Our facility will be fully secure and gated. The yard off of the memory care building does not allow access to the other property. • How large is this facility? o The three buildings combined will be approximately 34,000 square feet. • Are the units air conditioned separately? o No, there will be a central air system. Case NO. imaenme,it D ZAl2 -064 Page 2 ■ You may want to consider vestibules to keep air exchange limited. How many employees will there be? o We will have a 4 -1 care ratio plus office and restaurant staff. • This property is located in the airport noise corridor. o Yes, we have noise abatement planned. • Will there be phones in every room? o Yes, but not in memory care. 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 D ZAl2 -064 Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZAl2 -064 Review No.: Two Date of Review: 08/01/12 Project Name: Site Plan — Silver Ridge Assisted Living Facility APPLICANT: G &A Consultants, LLC 111 Hillside Dr. Lewisville, TX 75057 Phone: 972 - 436 -9712 Fax: 972 - 436 -9715 OWNER: MDJ Texas Realty Holdings, LLC PO Box 2260 Keller, TX 76244 Phone: 972 - 342 -7920 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/12 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 MATT JONES AT (817) 748 -8269. 1. Provide documentation to verify the common access easement that accommodates the proposed driveway along the boundary of "Lot 2 and 3 ". 2. Please correct the discrepancy between the following items: the site plan and elevation plan reference a total of 33, 713 square feet and the zoning narrative reflects a total of 44,800 square feet. Case No. Attachment E ZAl2 -064 Page 1 Tree Conservation /Landscape Review Case No. ZAl2 -064 Review No. One Dated: July 12, 2012 Number of Pages: 2 Project Name: Silver Ridge Assisted Living (Zoning Change & Site Plan) Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on July 2, 2012 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: Please color the existing trees to be preserved, removed or marginal with the following colors. Green = Preserved Red = Remove Yellow = Marginal It appears that the proposed tree preservation will preserve approximately 85% of the existing tree cover. 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 AND BUFFERYARD COMMENTS: 1. Please label all bufferyards on the Site Plan and Landscape Plan. 2. A 5' — A Type bufferyard and associated plant material are required for the entire length of the east property line. The parking lot landscape islands show to have turf grass in them. All parking planter islands in parking areas shall contain a minim of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory /accent trees for the required canopy tree. 4. All canopy tree sizes are required to be 50% - 2" caliper and 50" 4" caliper at a minimum. Case No. Attachment E ZAl2 -064 Page 2 5. The south bufferyard plant material calculations are incorrect. A 20% reduction in required plant material may be taken for doubling the width of the required bufferyard. Please note if the 20% in required plant material is being taken for doubling the width of the required bufferyard. Case No. Attachment E ZAl2 -064 Page 3 Public Works /Engineering Review Case No. ZAl2 -064 Review No. 1 Dated: 7/13/12 Number of Pages: 1 Project Name: Silver Ridge Assisted Living Facility Contact: Steve Anderson, Civil Engineer Phone: (817) 748 -8101 Fax: (817) 748 -8077 Email: sanderson*ci.southlake.tx.us The following comments are based on the review ofplans received on 7/02/12 It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. 2. Label utilities has "Public" or "Private ". GENERAL NOTES COMMENTS: 1. Sanitary Sewer note #2, change videotape to DVD. 2. Storm Drainage note 92, change videotape to DVD 3. Storm Drainage note #4 regarding pipes larger than 36" can be deleted. PLAT COMMENTS: 1. Please add a note: "Compliance with the provisions of the city's Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code" * Water meters and fire hydrants shall be located in an easement or in the ROW. * All sewer lines in easements or ROW must be constructed to City standards WATER AND SANITARY SEWER COMMENTS: 1. Provide manholes at the service connections. * Water meters and fire hydrants shall be located in an easement or in the ROW. * The fire line shall be separate from the service lines. * One meter per service line. * All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: * The drainage from this development is generally 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: * Submit 4 copies of the civil construction plans (22" X 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748 -8082 Case No. Attachment E ZAl2 -064 Page 4 to connect to the City's sewer, water or storm sewer system. A Developer's Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment E ZAl2 -064 Page 5 Fire Department Review Case No. ZA 12 -064 Review No. 1 Dated: 07 -11 -2012 Number of Pages: 1 Project Name: Silver Ridge Assisted Living Contact: David C. Barnes, Fire Marshal Phone: (817) 748 -8233 Fax: (817) 748 -8181 The following comments are based on the review of plans received on 07 -02 -2012 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2006 I.F.C. Sec. 903.2.10.6 as amended) Submit plans to Reed Fire Protection 14135 Midway Rd. Suite G260 Addison, Tex. 75001 Phone 9 214- 638 -7599. 2. Backflow protection for fire sprinkler system may be in building at riser (instead of in vault) if riser is within 100 feet of water main. Fire sprinkler systems required to be monitored for water flow and valve tamper if over 20 sprinkler heads on system. (per 2009 I.F.C. Sec. 903.4 as amended) Submit plans to Reed Fire Protection 14135 Midway Rd. Suite G260 Addison, Tex. 75001 Phone 4 214 - 638 -7599. Fire department sprinkler connections to be five inch Storz connections (or equivalent) with 30 degree elbow and a Knox locking cap. FIRE LANE COMMENTS: 1. Fire apparatus access needs to be provided to within 250 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis. Fire apparatus access, if necessary, needs to be all weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus. 2. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 75,000 lbs GVW). 3. Fire lanes require minim 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2006 I.F.C. Sec. 503.2.4 as amended and policy dated 05 -27 -93 and updated 07- 18 -97) Dimension turn rad on site plan. Fire lane will probably be required depending upon building location on property. (per 2009 I F.C. Sec. 503.1. as amended and policy dated 05 -27 -93 and updated 07- 18 -97) Case No. Attachment E ZAl2 -064 Page 6 FIRE HYDRANT COMMENTS: Hydrants to have Hydra -Storz connections with butterfly vanes (or equivalent) on pumper outlet for five -inch diameter hose. Hydrants required at maximum spacing R -3 and U Occupancies 400 feet Unsprinklered 600 feet Sprinklered. All others 300 feet Unsprinklered and 600 feet Sprinklered. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. 2 Fire Department connection for sprinkler system must be within 100 feet of a fire hydrant INFORMATIONAL COMMENTS: All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2009 I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. FDC connections must have a Knox Locking Cap. # = Denotes comment that may be included in formal review by P &Z and City Council. * = Denotes informational comment. Case No. Attachment E ZAl2 -064 Page 7 Informational Comments: A Spin meeting was held July 23, 2012. 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. It appears that this property lies within the 65 or 75 LDN D /FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment E ZAl2 -064 Page 8 SURROUNDING PROPERTY OWNERS Silver Ridge 1 1 • • 1. • Howell, Dan Etux Marguerite MF1 Mixed Use 0.98 .. NR 2. Halim, Emil A MF1 Public /Semi - Public 0.96 NR 3. Harris, Kimberly Susan SF1 -A Public /Semi - Public 0.94 F 4. Ekstrom, Delton E SF1 -A Mixed Use 0.99 NR 5. Coty, Rita SF1 -A Mixed Use 1.00 NR 6. 579 Kimball Llc RPUD Medium Density Residential 0.28 NR 7. Ashton Dallas Residential Llc RPUD Medium Density Residential 0.38 NR 8. 579 Kimball Llc RPUD Medium Density Residential 0.30 NR 9. Gateway Church NRPUD Mixed Use 34.29 NR 10. Gateway Church NRPUD Mixed Use 20.94 NR 11. Vision Southlake Dev Llc SP2 Mixed Use 0.54 NR 12. Vision Southlake Dev Llc SP2 Mixed Use 0.34 NR 13. Vision Southlake Dev Llc SP2 Mixed Use 0.50 NR 14. Vision Southlake Dev Llc SP2 Mixed Use 0.51 NR 15. Vision Southlake Dev Llc SP2 Public /Semi - Public 0.66 NR 16. Vision Southlake Dev Llc SP2 Mixed Use 0.52 NR 17. Vision Southlake Dev Llc SP2 Public /Semi - Public 0.39 NR 18. Fazal, Arif & Ripika Madan -Faz SF20A Medium Density Residential 1.09 NR 19. Oncor Electric Delivery Co Llc CS Public /Semi - Public 2.55 NR 20. Hillman, Luther L AG Medium Density Residential, 3.71 NR 21. Nci Group Inc 11 Mixed Use 9.33 NR 22. Vision Southlake Dev Llc AG Mixed Use 9.96 NR 23. Vision Southlake Dev Llc NRPUD Mixed Use 0.04 NR 24. Vision Southlake Dev Llc NRPUD Mixed Use 0.73 NR 25. Vision Southlake Dev Llc NRPUD Mixed Use 0.24 NR Case No. Attachment F ZAl2 -064 Page 1 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses Received: One (1) within 200' notification and six (6) outside of the 200' notification buffer Case No. Attachment F ZAl2 -064 Page 2 PROPERTY OWNER RESPONSES Aug 02 12 09:07a NICB - SouthwestRegion 9727396027 Notification Response Form ZAl2 -064 Meeting Date: August g, 2072 at 6:30 PM Harris, Kimberly Susan 700 Cherry Ct Southiake Tx, 76092 3545 A 8 Date: ? PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of j opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: f� a A Signature Additional Signature: Printed Names }: Must be properly owner(s) whose name(s) are prin ed at top. Other Phone Number (optional): Date. P.1 contact the Planning Department, One form per property, Case No. Attachment G ZAl2 -064 Page 1 8115112 Usouftke.tu.us Mall - Silver Ridge As6ftdl Wng Facility Silver Ridge Assisted Living Facility Marshall, Johnny To: °dkillough @ci.southlake.tx.us" `dkillough @ci.southlake.tx.us> Southlake City Council, Tue, Aug 14, 2012 at 8:27 AM I am writing to encourage the City Council to approve the Silver Ridge Assisted Living facility construction project. I have reviewed their plan and believe it will provide a gnat benefit to our community, both in providing a compassionate home fcr our seniors and supporting local Southlake residents In business development. Having seen assisted living facilities first -hand with my grandparents, I have strong feelings about the environment I would want my own parents to have should this type of care be required. I believe Silver Ridge meets my high standards and I urge the City Councll to approve this project. Thank you. Johnny Marshall 1803 RedvAng Court Southlake, TX 76092 s hM llmaiLgoogle.eom,hnalVM1 =2&k ab1641h8aRft law = pMeanch =irtmaffi= 13925517Bc8c1606 Case No. Attachment G ZAl2 -064 Page 2 8}13►12 CLmulhlake.txus Merl - tatter Regarding 5lhrerRidga A5dgsd Living Facfrity SOUTHLAKE 1 �. Letter Regarding Silver Ridge Assisted Living Facility Sukhl Jolly Mon, Aug 13, 2012 at 4.54 PM To: dklllough @ci.southlake.tx.us Southlake City Council 1400 Main Street, Suite 720 Southlake, TX To Whom it May Concern: We are writing this letter in support of the proposed Silver Ridge Assisted Living facility. Our support is tvmfold, in that 1) my wife and I have aging loved ones that Ae would love to have live closer to us, and 2) we know David !teener and belleve that his experience and commitment to excellence would make him a perfect fit to oversee such - a devaimprinmA. Ha+Ang lived all aver the US, 1 can honestly say that my nine plus years in Southlake have been among the happiest that I have had. I enjoy the cam munity, the amenities and of course tha people. In my estimation, adding a smell, high touch assisted filing center here in Southlake, such as the one proposed by Messrs.' Keener and Kithsid, would All the only potential wid that could only make Southlake more homey than it already is, Having David Keener behind this project also adds greatly to my confidence because Mr. Keener clearly has bath a monetary and reputational vested interest in snaking the Slhw Ridge project a success. This same situation, however, cannot necessarily be said for a large, corporate, out of state based assisted living facility operators. I hope that this letter and the time it took me to write It, Indicate to you that not only is this type of small, personal facility one that Is needed In Southlake, but also equally as important, is that it needs to be built and operated by someone local, someone who has rools in Southlake and a repulatlon to maintain. Sincerely, Sukhi and Delania Jolly Hama: 1313 Burgundy Court, Southlake TK76092 ' Office. 1205 S. White Chapel, Blvd #110 Southlake TX 75N2 rtfM geogle.mmfrnagNi= 2&lr= ah1641U8a ikview= pt &searrh�lnbnxMhw13921rba7dM2c5 Case No. Attachment G ZAl2 -064 Page 3 OfD/12 13M C4souihlake.ixus Mall - Assistant uviig Praporol Assistant Living Proposal sonny huizar , ' Mon, Aug 13, 2012 at 11:56 AAA To: dkillough@cl.southlake -tx.us Hello, My name Is Conay Huizer our address is 1706 Wild Rose Way Southlake, Texas, I am writing in support of the assistant Ruing proposal s ubmitted by David Keener. St"Nake, needs to he a place where young and old can be served. As our population ages, It Is imperatlse that we ham such faciIities available. F myself personally, I will be in need of a place in the near future. I w i11 need to care for my aging parents, while remaining In the community to give my children access to a quality education. As I know that it has not been popular in the past, to develop land for multl use. I bell eve a proposal such as this assistant care living facility is vkW to our community. Thank you, Conway Huizar hops: Jhnail.aoagle / rreailJ7ul= 2&Ik= ab1641h8a B&rr law = pt&sea rdr =inbax&th � 1392Qea4111926 Sc Case No. Attachment G ZAl2 -064 Page 4 Rpl/t7 Ci,5oulh us Mail a S"r Ridge Assbted Living, LLC CMY or r� �t 1LA Silver Ridge Assisted Living, LLC Christopher Lowe Mon, Aug 20, 2012 at 8:05 PM To: dkillough @ci.southiake.tx.us Southlake Council Members, I am writing in support of Silver Ridge Assisted Living, LLC. As our parents age, it would be nice to have a smaller living center available as an options for them to consider moving in to. I am familiar with Silver Midge Assisted Living facility in Colleyville and I feel Southlake is a perfect place for this type of facility. Thank you for your consideration in this matter. Sincerely„ Chris and Trish Lowe 1075 Ownby Lane Southlake, 76092 https: #rnail.google.cuml mail ? uim 2gdk= abl64lb8a8& vlew= pt &sBarch= inbuxBb =13946b7S2n.82lc8 Case No. Attachment G ZAl2 -064 Page 5 B(21/12 Usnuihiake.br is Mail -Silver Ridge Assisted Living Fad@y Silver Ridge Assisted Living Facility Joan Shockley To: dklllough@cl.southlake.tx.us Cc: Kathy Keener tkathy@keener.hostpilot.com} To Whom it may concern, Thu, Aug 16, 2012 at 10:03 AM We are writing in support of the proposed Silver Ridge Assisted Living and Memory Care Southlake Facility. As longtime Southlake residents and people with aging parents, we are well aware of the need to have a small scale "home atmosphere" Facility close by to our home that can service the growing needs of our older residents. We ha\e personally seen the wonderful Facility that David Keener owns and operates in Colleyville and we think it would be great to have one here in Southlake. David and his family are wonderful people who we have known since 2005. As long -time Southlake residents am sure they will operate a facility that will become a great asset to the residents of Southlake. Please consider this as you begin the approval process on his proposed Silver Ridge facility. Feel tree to contact us if we may provide further words of recommendation about David or his existing Colleyville facility. Thank you for your consideration. Sincerely, Doug & Joan Shockley 906 Suffolk Court Southlake, TX 76092 htqn:flmall,googip.com/mi3i/?ul=2&jk=abl641bga&view-p&q-silver ridge - bue8sseardt =queryftl%.. Case No. ZAl2 -064 Attachment G Page 6 DALLAS /FORT WORTH INTERNATIONAL AIRPORT 3200 EAST AIRFIELD DRIVE, P.O. BOX 619428 DFW AIRPORT, TEXAS 75261 -9428 www.dfwairport.com T 972 973 8888 F 972 973 5751 August 9, 2012 Mr. Robert Hudson, Chairman Planning & Zoning Commission City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Reference No. ZAl2 -065, Preliminary Plat for Silver Ridge Addition and ZAl2 -064, Zoning Change and Site Plan for Silver Ridge Assisted Living Dear Chairman Hudson: I understand that the Planning and Zoning Commission will be considering the Preliminary Plat, ZAl2- 065, and Zoning Change and Site Plan for the Silver Ridge Assisted Living Addition at its regular meeting of August 9, 2012. The Dallas/Fort Worth International Airport Board ( "DFW ") views with concern the proposed zoning, platting and development, given known noise levels and aircraft activity near the site and related public policy. The property being considered is about 3.5 miles distance from the end of Runway 13R/3IL. It lies beneath the arrival corridor for Runway 13R and is subject to about 150 - 160 jet arrivals a day, between the hours of 0630 and 2230, about 70% of the year. The aircraft will pass over /near the property at between about 700 and 1100 feet above the ground. A map showing this relationship is attached. According to Federal Aviation Administration guidelines and the City of Southlake's own Ordinance 479, "Airport Compatible Land Use ", residential properties within the 65DNL contour are considered incompatible In the event that the City determines that the proposed rezoning is in its best interest, the Airport Board recommends the following: 1. An avigation easement be dedicated to the Dallas/Fort Worth International Airport Board, the City of Dallas, and the City of Fort Worth; 2. The 25dB Noise Level Reduction (NLR) specified in Ordinance 479 be mandated and confirmed by the project architect/engineer's signature on the project plans; and, 3. Full disclosure, that the property lays within the DFW aircraft noise contour, be made to the occupants of the facility or their representatives. Thank you for your consideration of this matter. Please contact me (972) 973 -5570, at you convenience, should you wish to discuss this issue. Sincerely, 4 � 44V Harvey Holden, Planner Noise Compatibility Office cc: P. Tomme Attachment: Map of Area of Interest Case No. Attachment G ZAl2 -064 Page 7 I TA AN AVERAGE OF 150 -160 ARRIVALS A DAY WILL PASS WITHIN 1000 LATERAL FEET OF THE SILVER `► RIDGE ASSISTED LIVING FACILITY - Satellite L. '� Traffic �+a C Gtass o + F r 0 z 3 TumDleu•'a� _ aoe s Co 8 g E HI land St o — E Highland Si R7 E Hlghiand St O TP n .� (tl4) E Wgnland St E Highland St Sla Mesa Verde I z E rt = ' Proposed Silver Ridge 5 w_ FN n a 8i " Assisted Living Facility y- y9 Carroll Mid de Ascot tl - ' ' i,� g School z � o �o�ra F knkriood Blvd h NIIld"011 L^ •9 , = lake+"o Dr n $ D Alamo M'ss', Or c_ z c 5 McPherson Park e < c San Saba D # Hdtc n Arrivals pass thru gate at about 700 to 1100 ft above the ground. 1d Dlemond Blvd ns Th tres c:.� ..a y _r. n apple store Pr,,�� X Sourhlake 7 f jexag 714 k " NORhweg k ? Cross Ln q Emerald Fir,.d i T artagr Rd •1 c �ry m o o Cy Main Street S� c Dr head C1 Ma, tre arm to Marker 1708 E Southlake BNd Farm to Market 1709 Southlake E SoutNske Blvd Farm to Market 1709 9 " v Nhde's a Chapel t., ES �/flMd�eB cp I Central Marken s PedlaPtes Far Fd Map data 02012 Google - Edit in Google Map Maker Report a problem R Case No. Attachment G ZAl2 -064 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -624 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 THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, TRACT 313, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.221 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment H ZAl2 -064 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 existed at the time Case No. Attachment H ZAl2 -064 Page 2 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 Thomas Mahan Survey, Abstract No. 1049, Tract 3B, Southlake, Tarrant County, Texas being approximately 5.221acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural Zoning District, to "S -P -1" Detailed Site Plan Zoning District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Case No. Attachment H ZAl2 -064 Page 3 Reserve for conditions of approval. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment H ZAl2 -064 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment H ZAl2 -064 Page 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 21 day of August, 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 4 t " day of September, 2012. MAYOR ATTEST: Case No. Attachment H ZAl2 -064 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 1 *:1:1 Ill kWAA Being on property described as: Thomas Mahan Survey, Abstract No. 1049, Tracts 3113 Case No. Attachment H ZAl2 -064 Page 7 EXHIBIT "B" RESERVED FOR APPROVED SITE PLAN AND SUPPORTING DOCUMENTS Case No. Attachment H ZAl2 -064 Page 8