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Item 7DCITY OF SOUTHLAI<,-E Department of Planning & Development Services STAFF REPORT March 26, 2014 CASE NO: ZA14-028 PROJECT: Zoning Change and Site Plan for Christ Our King Church EXECUTIVE SUMMARY: Adams Engineering on behalf of Christ Our King Church is requesting approval of a Zoning Change and Site Plan from "SF-1A" Single Family Residential District to "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses and other church related uses as depicted in the applicants narrative for the development of a church facility on approximately 3.93 acres located at 595 S. Kimball Avenue. SPIN Neighborhood # 8 DETAILS: Adams Engineering on behalf of Christ Our King Church is requesting approval of a Zoning Change and Site Plan for the development of a church facility. The church congregation is currently operating out of their existing facility located at the southwest corner of E. Southlake Boulevard and S. Kimball Avenue. They are relocating due to the development of Kimball Oaks retail/restaurant site. The proposed development consists of a church building approximately 10,500 square feet in size, a storage building of 1,000 square feet or less (shown as 435 square feet on the site data summary) in area and the addition of 100 parking spaces. Christ Our King Church Gross Acreage 3.93 Existing Zoning SF-1A Proposed Zoning S-P-1 Impervious Coverage 44% Open Space (%) 47% Existing Tree Cover on Site (%) 44.3% Tree Cover being Preserved (%) 20.5% Number of Lots 1 Number of Buildings 2 Church Floor Area 10,588 sq. ft. Maximum Storage Building Floor Area 1,000 square ft. Parking Calculation 1 space for 3 seats in sanctuary/auditorium Provided Parking 100 spaces Maximum Seating Permitted 300 Seats in sanctuary/auditorium Variance Driveway Centerline Spacing - The Driveway Ordinance No. 634 requires for this site to be a minimum of 250-feet from any other driveway for a church facility. There is a residential driveway to the north that is located 178-feet and a residential driveway to the south that is 61-feet from the subject property driveway. Case No. ZA14-028 ACTION NEEDED: Consider 1s' Reading Zoning Change & Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN Meeting Report — January 6, 2014 (E) Site Plan Review Summary No. 3, dated March 14, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-661 (G) Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker Daniel Cortez Case No. ZA14-028 (817) 748-8067 (817) 748-8070 BACKGROUND INFORMATION OWNER: Jeff Wang APPLICANT: Christ Our King Church / Adams Engineering PROPERTY SITUATION: 595 S. Kimball Ave. LEGAL DESCRIPTION: Lot 5, Meadow Oaks Subdivision LAND USE CATEGORY: Mixed Use CURRENT ZONING: "SF-1A" Single Family Residential District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses HISTORY: - In July of 1979 a plat was filed with Tarrant County for Meadow Oaks Subdivision which included the subject lot. - According to Tarrant Appraisal District, a single family home was constructed on the subject lot in 1984. CITIZEN INPUT: A SPIN meeting was held on January 6, 2014 for this proposed development. A copy of this report can be found under Attachment `C' of this staff report. SOUTHLAKE 2030 Case No. ZA14-028 Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Mixed Use. The Mixed Use land use designation is defined within Southlake 2030 as the following: "The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of �9F 2,r �P )[ r areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher - intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed." Attachment A Page 1 Civic uses are also encouraged within this land use category which also includes churches. The City also adopted the Kimball/Crooked Small Area Plan which included this lot and it included specific recommendations for this property and the surrounding area. A couple of those recommendations that involve the subject property include: o Maintain the existing tree corridor along Kimball Avenue and Crooked Lane; and o The overall mixed use will be proceeded in a master planned manner, with the preference to have lower intensity uses from the northeast to the southwest across the plan area. The proposed development does meet the intent of both these recommendations. The proposed development provides connectivity to the north, and maintains a majority of the existing tree cover along S. Kimball Avenue. Mobility Master Plan On the City's Thoroughfare Plan within the Mobility Master Plan S. Kimball Avenue is shown to be a 88-foot, 4-lane divided arterial (A4D) and is built as such today. The Active Transportation section of the City's Mobility Master Plan recommends an 8-foot or less sidewalk along S. Kimball Avenue. The applicant is proposing a 6-foot sidewalk along S. Kimball Avenue. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have access onto Grace Lane by the way of two driveways, labeled on the site plan as Driveway A and Driveway B. Grace Lane is currently built with 100-feet of right-of-way and a median closest to the State Highway 114 frontage road then narrows down to an 80-foot undivided roadway. KimballS. E. Southlake Blvd. North Bound CrookedBetween and South Bound 24hr 5,720 4,145 AM Peak 7:45 AM — 8:45 AM (497) 7:15 AM — 8:15 AM (342) PM Peak 3:45 PM - 4:45 PM (585) 5:30 PM - 6:30 PM (449) * Based on the 2013 City of Southlake Traffic Count Report Traffic Church (560) 1 10,588 1 96 1 7 1 7 1 9 1 6 * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 71' Edition TREE PRESERVATION: There is approximately 44% tree coverage on this site. The applicant has indicated that they will preserve 20% of the existing tree cover on site, removing approximately 55% of existing tree cover. The "S-P-1" Case No. Attachment A ZA14-028 Page 2 zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council's approval. UTILITIES: Water The site has access to an existing 6-inch water line stub available along S. Kimball Avenue for the property to tie into. Sewer The site will have access to an 8-inch sewer line that runs along S. Kimball Avenue. PLANNING & ZONING COMMISSION: March 20, 2014; Approved (5-0) subject to Site Plan Review Summary No. 3, dated March 14, 2014 also staff report dated March 14, 2014 granting the variance as requested and noting the applicants willingness to provide additional landscaping on the western elevation and additional sidewalk on the west side of the building. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 14, 2014 WCommunity DevelopmentWEMO12014 Cases1028 - ZSP - Christ Our King Church)Staff Report Case No. Attachment A ZA14-028 Page 3 Vicinity Map Christ Our King Church �w J m Y cn ry 0 2 04 2108 2112 2116 2120 2124 2126 2132 2136 2rp 2105 2109 2117 2121 2125 2129 2133 2137 o h O �V r 710 O'� N 720 Pn 2g00 �07 M 2106 2110 N 2105 2109 2113 2117 2301 2311 Cn 0 ti noir 0 N •�• W E .1 ZA14-028 5 Zoning Change & Site Plan 0 400 800 1,600 Feet Case No. Attachment B ZA14-006 Page 1 Plans and Support Information IAdams March 7, 2014 City of Southlake Department of Planning & Development Services 1400 Main Street, Suite 310 Southlake, TX 76092 Re: Christ our King Church ACEI Project No: 2013.282.02 / City of Southlake case number ZA14-028 This request is for a SP-1 zoning change with a Site Plan approval on Lot 5 of the Meadow Oaks subdivision. Though CS zoning is not allowed within the 75 Idn overlay it is the underlay zoning used to define permitted uses for the development. The property is located on South Kimball across from Eubanks Intermediate School with an address of 595 South Kimball Avenue. Christ our King Church is currently located at the southwest corner of Kimball Avenue and Southlake Boulevard. The Church is looking to relocate and build a new church in response to the interest by developers to purchase and develop on their current location. The new site for the church is currently zoned SF 1A and is shown on the future land use map to be part of a mixed -use district, As part of the request for a zoning change and site plan approval we also request a variance to the Driveway Ordinance No. 634 regarding driveway spacing to allow a spacing as shown on the Site Plan. Proposed Permitted Uses and Development Regulations for "SP-1" Zoning Permitted Uses: In accordance with the City zoning ordinance Section 8 permitted uses with the CS zoning district include: • Religious institutions: churches and facilities for worship, fellowship and education. Development Regulations: This property shall follow the "CS" zoning district uses limited to religious institutions with the following exceptions: • Allow for a non -occupied accessory use storage building near the east end of the property • Allow for an occupied structure (church) to be located on a property that falls within the 75 Idn corridor (ref. ordinance No. 479) provided that the occupied structure itself does not encroach the 75 Idn corridor. • Permit programs outside normal services and Sunday school to include daycare and programs like Mother's Day Out. • Vary from property setback slope restrictions as shown on plan. • Vary from 8' fence along residential adjacency to allow for screening as shown on landscape plan and as agreed to by current adjacent owners. All existing fencing to remain. Use and Operation: The project overview entails new church building proposed to be 10,588sf. The size has been determined from a desire to seat a sanctuary of less than 200 worshipers. Office, meeting and other 910 S. Kimball Avenue • Southlake, Texas 76092 817.328.3200 *FAX 817.328.3299 TBPE Reg. No. F-1002; ivu,u,.a(ln)ns-engineering.com Case No. ZA14-028 Attachment C Page 1 9Adams educational spaces will be located within the building. Outdoor spaces Include a play area, water feature and outdoor amenity area. It is anticipated that the church will generally have a full time staff of 4 people. All uses and hours are consistent with those of most churches in the area. Christ our King currently holds Sunday morning and Sunday evening services, Sunday school classes as well as other church activities on Wednesday evenings. Parking for the church is calculated at one space per 3 people in the sanctuary. With seating for 200 this would require 60 parking spaces. The concept plan provides for 100 parking spaces. We request the zoning change and site plan submittal be placed on the City Council meeting agenda for approval. Thank you for your time and consideration regarding this project. Please do not hesitate to contact myself or Jack Garner, P.E. regarding any questions. Sincerely, Adams — Engineering and Development Consultants / 4 ;4�-- 'Jimmy Fechter, RLA 910 S. Kimball Avenue • Soulhlake, Texas 76092 817.328.3200 • r•Ax 817.328.3299 TBPEReg. No. F-1002; irinir.arlains-engineeriug.cwa Case No. ZA14-028 Attachment C Page 2 sad v �XM ago" MMMOWEE lilt MMMMM MMM ■Illif� J ul CHMST OUR KING CHURCH SOUTHLAKE, TEXAS SITE PLAN Case No. ZA1 4-028 lag �Adams Attachment C Page 3 4si4;� a ., tlf_ �9�Zs ins s�9i�,9s 1 ♦ \1\1��:�iy�p�1� n 71 ► �j. / - ffpi.I ■ ■ � 1 ■ � � 1 - i i 1 IU r�V CD N A ch V m 0 _4 C m A x Case No. Attachment C ZA14-028 Page 5 SOUTHLAI(E SPIN MEETING REPORT CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION ZA13-144 Christ Our King SPIN # 8 January 6, 2014; 6:00 PM 1400 Main Street, Southlake, TX City Council Chambers TOTAL ATTENDANCE: Twenty-four (24) • SPIN REPRESENTATIVE(S) PRESENT: Vic Awtry #7 • APPLICANT(S) PRESENTING: • STAFF PRESENT: Patty Moos, Planner I STAFF CONTACT: Daniel Cortez, Principal Planner: (817)748-8070 or dcortezaci.southlake. tx.us EXECUTIVE SUMMARY Property Situation . The property is located at 595 S. Kimball Avenue. Development Details The plan presented at SPIN: Case No. Attachment D ZA14-028 Page 1 { 1 ; e Site Plan n 11QATM uv�non Concept Elevations .. .rtua Concept Elevations Case No. Attachment D ZA14-028 Page 2 Concept Plan with 2025 Plan Development Details: • Moving from current location to make room for new retail development at the SW corner of Kimball and Southlake Blvd. • Desire to relocate in the same general area • Proposed program: I. Approximately 13,000sf building 2. Seating for approximately 250 people 3. English influenced architecture 4. Space for outdoor activities • 3.5 acre property • Saving the majority of the trees with the drive alignment • Parking in rear with future access drive to the north • Well-fed pond to remain and enlarged to accommodate site drainage QUESTIONS / CONCERNS Are there any issues with the drainage? No, the pond should be able to handle the drainage\A Are many trees removed for the drive and church," No. the majority of the trees will remain_ Trees were only removed as needed_ Meeting presentation adjourned at 6:15 pm 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 ZA14-028 Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZA14-0028 Project Name: Christ Our King Church CONSULTANT: Adams Engineering Jimmy Fechter 910 S. Kimball Avenue Southlake, TX 76092 Phone: (817) 328-3200 Fax: Review No.: Three Date of Review: 03/14/2014 APPLICANT: Christ Our King Church Pastor David Whitington 2221 E. Southlake Blvd. Southlake, TX 76092 Phone: (817) 481-8691 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/10/2014 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 THE APPROPRIATE STAFF MEMBER. Planning Review Daniel Cortez, AICP Principal Planner P: (817) 748-8070 E: dcortez ci.southlake.tx.us All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended): a. Commercial Driveway centerline spacing is required to be a minimum of 250-feet for the church facility from any other driveway. There is a residential driveway to the north that is located 178-feet and a residential driveway to the south that is 61-feet from the subject property driveway. A Variance has been requested to this requirement. 2. Prior to the issuance of any building permits, the common access easement shown on the site plan will need to be filed with Tarrant County. The City will need to review the exhibit and metes and bounds description prior to filing. Tree Conservation/Landscape Review Keith Martin Landscape Administrator P: (817) 748-8229 E: kmartin ci.south lake.tx.us TREE CONSERVATION COMMENTS: Please ensure the coordination of the grading and the finished site work does not interfere with the proper preservation of the existing trees as shown on the Tree Conservation Plan. For example, three (3) existing trees are proposed to be preserved in a parking lot island and generally the finished grade after the parking lot is built is higher than the finished grade established for the site grading. This leaves the trees in hole in the center of the island. The same goes for the slope grades coming the access drive, building, and parking lot. Case No. ZA14-028 Attachment E Page 1 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. LAN DSCAPE/BUFFERYARDS COMMENTS: The bufferyards calculations are correct. Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: sandersona-ci.southlake.tx.us • The fire hydrant shown adjacent to the church facility cannot be connected to the 6-inch water fire line that also serves the fire suppression system of the building. The hydrant will need its own line. • For any other Civil Engineering questions or comments please contact Steve Anderson. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclementsa-ci.southlake.tx.us GENERAL COMMENTS: 1) An automatic fire sprinkler system will be required for buildings over 6,000 square feet, with protection extended into the attic if comprised of combustible construction. (per 2009 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. 2) The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5'X5' if the double check is not located on the riser, or a minimum of 6'X6' if it is on the riser. 3) Fire Department Connection, FDC, for sprinkler system are to be a five inch Storz connection with a 30 degree down elbow and a Knox locking cap. 4) A fire alarm system will be required for all buildings equipped with an automatic sprinkler system. Case No. Attachment E ZA14-028 Page 2 The fire alarm must comply with the 2009 International Fire Code, The City of Southlake amendments, and NFPA 72. (Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001) FIRE LANE COMMENTS: • Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide with 6 inch red striping that contains 4 inch white lettering that states "FIRE LANE NO PARKING" every 25 feet, and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) INFORMATIONAL COMMENTS: • All commercial buildings are required to have Knox Box rapid entry systems installed. Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. General 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 from 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 & 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. Standing seam metal roofs shall be constructed of a factory -treated, non-metallic, matte finish. Metal roofs with lapped -seamed construction, bituminous built-up roofs, and flat membrane - type roofs, which are visible, shall be prohibited. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Denotes Informational Comment Case No. Attachment E ZA14-028 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Christ Our King Church W O 2717 2 lass Z m Y r ILL KI 4� 0 0 21 2 2112 2116 2120 2124 2123 2132 2 2Yp 2105 2109 2117 2121 2125 2129 2133 2137 a N O c o 70A N N W U 710 05 703 720 SPO# Owner Name Zoning Address Acreage Response 1. Uys, Craig Etux Samantha SF20A 2132 Kimball Hill Ct 0.46 NR 2. Kollar, George M SF20A 2137 Kimball Hill Ct 0.51 NR 3. Akintade, Oluwafunmilayo O SF20A 2133 Kimball Hill Ct 0.46 NR 4. Thompson, Teresa Jane SF1-A S Kimball Ave 4.09 NR 5. Po, Chin & Whey -Ping PO SF1-A 305 S Kimball Ave 3.51 NR 6. Pearson, Carey Etux Kelly SF1-A 695 S Kimball Ave 2.08 NR 7. Pearson, Carey Etux Kelly SF1-A Crooked Ln 2.22 NR 8. Fox, Todd Etux Kim SF1-A 605 S Kimball Ave 2.41 NR 9. Wood, Charles W Etux Margaret SF1-A 2350 Crooked Ln 2.30 NR 10. Muller, Richard J SF1-A 2400 Crooked Ln 2.16 NR 11. Tri Dal Real Estate Ltd SF1-A 505 S Kimball Ave 4.03 NR 12. Wang, Jeff Etux Chung -Ming SF1-A 595 S Kimball Ave 3.96 NR 13. Thompson, Wm B & Kim Koelzer SF1-A S Kimball Ave 3.95 NR 14. Api-South Nolen Lp SF1-A 495 S Kimball Ave 3.89 NR 15. Lukosavich, Hanna SF20A 2136 Kimball Hill Ct 0.52 NR 16. Carroll ISD CS 400 S Carroll Ave 35.39 NR 17. White, Elbert Clark Jr AG Crooked Ln 15.85 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received: None (0) Case No. Attachment F ZA14-028 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-661 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 5, MEADOW OAKS SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE-FAMILY RESIDENTIAL 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 "SF-1A" Single - Family Residential District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA14-028 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 Case No. Attachment G ZA14-028 Page 2 invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being legally described as Lot 5, Meadow Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas, , being approximately 4.0 acres, and Case No. Attachment G ZA14-028 Page 3 described in Exhibit "A" from "SF-1A" Single -Family Residential District to "S-P- 1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: RESERVED FOR CITY COUNCIL MOTION 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 Case No. Attachment G ZA14-028 Page 4 its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, 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. Case No. Attachment G ZA14-028 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it 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. Case No. Attachment G ZA14-028 Page 6 PASSED AND APPROVED on the 1st reading the 1st day of April, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 15t" day of April, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA14-028 Attachment G Page 7 Exhibit `A' RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. ZA14-028 Attachment G Page 8 Exhibit `B' RESERVED FOR APPROVED SITE PLAN Case No. ZA14-028 Attachment G Page 9