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Item 7ACITY OF SOUTHLAI<,-E Department of Planning & Development Services ��:adrill 0=:»ll:aI June 11, 2014 CASE NO: ZA14-058 PROJECT: Zoning Change and Site Plan for Empire Rugs EXECUTIVE SUMMARY: RPGA Design Group, Inc., on behalf of the owner Ben Shebahang, is requesting approval of a Zoning Change and Site Plan for the proposed Empire Rugs on property described as Lot 1, Block 1, of the Miron Addition, and located at 1695 E. Southlake Boulevard, Southlake, Texas. Current Zoning: "C-2" Local Retail Commercial District. Requested Zoning: "S-P-1"Detailed Site Plan District with "C- 2" Local Retail Commercial District uses. SPIN Neighborhood #8. DETAILS: RPGA Design Group, Inc. is requesting approval of a Zoning Change and Site Plan for the proposed Empire Rugs. The proposed zoning for the property is "S-P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses. The property is currently zoned "C-2" Local Retail Commercial District. Empire Rugs in Existing Zoning C-2 Proposed Zoning 5-P-1 with C-2 uses Gross Area .51 acres Number of Proposed Buildings 1 existing principal building and 1 proposed accessory building Total Building Area 5,505 sq. ft. Impervious Coverage 81% Provided Parking 24 spaces Proposed Parking Ratio 1 space: 230 sq. ft. The existing building will be renovated to include new fagade elevations on the north, east, and west elevations. The building will retain portions of the existing metal facades and the existing metal fagade on the south. The building materials will be stucco, metal, and glass. Additionally, the applicant is proposing a new accessory building in the rear of the building attached to the proposed new trash dumpster enclosure. Both of these structures will match the new fagade materials. The proposed renovation of the existing building will not meet the horizontal articulation requirements for the four (4) sides of the building for the Corridor Overlay zone for FM 1709. The required vertical articulation for the building will be met on all sides with the revised south elevation. Case No. ZA14-058 Development Regulation Comparison Front Yard Parking Bufferyards Articulation Maximum Impervious Coverage 28.66-feet (existing building setback) 1 space/230 sf None Allow as presented 819Y (existing site coverage) 30-feet/C-2 district; 50 —feet/ FM 1709 1/200sf retail, 1/300 office, 1/150 medical 20' O north;10' B east; 5' A south Non -conforming, no expansion proposed, articulation not required 4 The applicant is requesting, under the "S-P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses, for the building to be renovated as presented in the site plan and elevations and including the existing front yard setback and existing impervious coverage. The applicant has provided regulations to incorporate into the allowable uses for the "S-P-1" zoning proposed for the property: • Allow impervious coverage for property to be 81 % as existing impervious coverage exceeds existing C-2 zoning 70% maximum coverage. • Allow required parking to be based on 1 space per every 230 square feet of floor area. This will allow for 24 spaces total, matching the existing parking count. • Allow for metal siding as a building material on the east, west and south building facades of existing building. Fagade facing Southlake Blvd. shall still require masonry and glass materials. • Allow for no horizontal building articulation requirement. • Allow for the exclusion of any bufferyards at adjacent properties and right- of-ways. At the June 5, 2014 Planning and Zoning Commission meeting, the Commission approved the item subject to the applicant looking into dressing up the south fagade elevation. The applicant has submitted revised elevations for the south, east and west facades to address the request by the Planning and Zoning Commission. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 2, dated May 30, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-670 1st Reading (G) Full Size Plans (for Commissioners and Council members only) STAFF CONTACT: Ken Baker (817)748-8067 Patty Moos (817)748-8269 Case No. ZA14-058 BACKGROUND INFORMATION OWNER: Ben Shebahang APPLICANT: RPGA Design Group, Inc. �:t�]»:i�'��le��[�]�F�i[••>+'i�•Y•l�[iilFlta:�•1�IC�F1'�I LEGAL DESCRIPTION: Lot 1, Block 1, of the Miron Addition, an addition to the City of Southlake, Tarrant County, Texas CURRENT ZONING: "C-2" Local Retail Commercial District PROPOSED ZONING: "S-P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses HISTORY: The existing building was constructed in 1986. December 1, 1992; a plat revision was approved by City Council for the property. CITIZEN INPUT: A SPIN meeting has not been scheduled for this property. SOUTHLAKE 2030: Pathways Master Plan There is an existing eight (8) foot wide sidewalk along E. Southlake Boulevard TREE PRESERVATION: The applicant will be preserving the five (5) existing trees on the site. The trees will remain with the development of the site. UTILITIES: Water The site is served by an existing 8-inch water line from along Miron Drive Sewer The existing building is served by an existing 6-inch sewer along E. Southlake Boulevard. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will access onto Miron Drive, a two (2) lane drive with approximately fifty-six (56) feet of right-of-way with access onto E. Southlake Boulevard, a six (6) lane divided arterial with approximately one hundred thirty (130) feet of right-of-way. * Based on the 2013 City of Southlake Traffic Count Report Case No. Attachment A ZA14-058 Page 1 Traffic Impact Specialty Retail Center (814) 1 5,457 1 37 1 18 1 20 1 16 1 12 * 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, 7th Edition STAFF COMMENTS: Staff Review Summary is located in Attachment `D'. PLANNING AND ZONING COMMISSION: June 5, 2014: Approved (5-0) the agenda item; subject to the Site Plan Review Summary No. 2 dated May 30, 2014; and subject to the Staff Report dated May 30, 2014; noting the applicant's willingness, in the next couple weeks before this item goes to before City Council, to consider some possibilities in dressing up the south fagade. Case No. Attachment A ZA14-058 Page 2 Vicinity Map Empire Rugs 1695 E. Southlake Boulevard D J_ Cf] � 540 1560 1575 ~ m 1570 1580 1615 619 1621 1600 1723 1700 2100 EAST S O UT HLAK 1901 r CCCCDD � � -4 1721 C3:' 3 h3 0 O 1 1 1 s W 1150 1725 D70 CJl ��f VV 0 1,' 00 0 [9O 0 W O CV < J can V� O] 3 [y M 0 ZA'14-055 Zoning Change and Site Plan ` r a 5a100 200 Feet O Case No. Attachment B ZA14-058 Page 1 Plans and Support Information ■' R P G A . DESIGN G R O U P, INC. 0 SITE PLAN SUBMITTAL NARRATIVE ZA14-058 1695 E. Southlake Blvd. SP-1 USE AND REGULATION DOCUMENT Zoning Change Application SP-1 with C-2 Uses limited to Local Retail Commercial For 1695 E. Southlake Boulevard, we are requesting SP-1 Zoning with C-2 uses limited to Local Retail Commercial use. The property is an existing site and building that was developed before the current zoning regulations had been adopted. As such, it currently does not meet many of the current C-2 zoning requirements, for which it is zoned. Changing to SP-1 zoning allows many of the current conditions to remain, particularly with respect to impervious coverage allowed, parking required and keeping a portion of the exterior metal building construction. The new property owner, Ben Shabahang, intends to renovate the existing building and use it for his retail business selling high quality rugs. He currently owns Ben Shabahane Empire Rugs located on 2325 E. Southlake Blvd. and will move his business to this new location when the renovations have been completed. His plans include occupying a majority of the square footage and leasing the remaining space, with the possibility of occupying the entire space as his business grows. Construction to renovate the building is scheduled to begin in January of 2015. The existing building is a metal paneled building with a masonry front and metal canopy on the north side. As part of the renovation, the building will be made to comply with the current zoning regulations as much as possible. The aesthetics of the building will be greatly improved with a new stucco finish fagade on the north, east and west sides along with large glass panel windows to allow for display of merchandise. The existing metal wall panels will be painted to provide a more aesthetically pleasing appearance. The site will remain mostly as is due to the existing layout of the street paving and parking The parking count currently does not meet the parking requirements for a retail space (28 spaces required — 24 spaces existing). There is not any additional area on the site to add any additional parking. No new parking on the site is proposed. The allowable impervious coverage percentage currently exceeds the C-2 requirements, due to the existing paving conditions. Part of the SP-1 request is to allow for this greater impervious coverage percentage. The existing layout of the street paving and parking also restrict the current building articulation requirement. To keep the street paving as is, and to provide a sidewalk along the north face of the building, the 15% horizontal articulation is not possible while keeping the existing building structure intact. With this said, horizontal projections are designed into the fagade, along with vertical articulation that does meet the requirements. The existing trees on the property will remain and be pruned. Additional shrubs and seasonal ground cover will be provided per landscape ordinance requirements as indicated on site plan submittal sheet. A hedge row is proposed on the east side of the property to screen the utility equipment and the ground mounted a/c condenser units from the Southlake Blvd right of way. The accessory building proposed for the site is intended for storage of the owner's retail inventory and related items. It shall be constructed of a stucco finish to match the main building new stucco finish. It shall be integrated into the 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 (972) 445-6425 FAX (817) 332-9487 (888) TRY-RPGA www.rpgaarchtects.com Case No. Attachment C ZA14-058 Page 1 construction of the trash dumpster enclosure to combine the two structures into one. Elevations of the accessory building/dumpster enclosure are provided on a new sheet as part of the submittal. The site plan review summary noted to provide a sidewalk regulation to address any sidewalk on Miron Drive. As an existing site without a sidewalk, no new sidewalk is proposed to run along Miron Drive. The two existing trees that are planned to remain along Miron Drive would have to be removed to allow for the addition of a sidewalk along Miron Drive. Sidewalk access is currently provided from the sidewalk that runs along Southlake Blvd at the northwest corner of the site, which was constructed with the Southlake Blvd improvements made a couple of years ago. The site plan review summary noted to label the proposed bufferyards. No bufferyards are required based on the Landscape Ordinance — Section 42 — Bufferyards — Paragraph 42.4 C which states that for an existing building and site that does not increase building square footage by more than 30%, no new bufferyards are required. The new construction will increase the overall building square footage by less than 4%. This ordinance information has been referenced on the Site Plan Submittal sheet. No bufferyards are indicated on the site plan. The site plan review summary noted to provide a Tree Conservation Plan. All existing trees have been noted on the site plan to remain. No trees are to be removed from the existing site. No Tree Conservation Plan is required or has been provided. The existing trees to remain shall be protected from damage during the building renovation as per city ordinance. The site plan review summary under the Public Works section talks about an accessible ramp at the northeast side of the building and how it is within the 20' Diamond Shamrock Pipeline Easement. This ramp has been removed from the site. The existing sidewalk on the east side of the building leading to the east building entry will remain. No encroachment agreement into the easement will be required. An accessible path to the main front entrance on the east side of the building is still provided along the sidewalk from the west side of the building around to the north side. The previous ramp was for convenience as no accessible path or accessible parking is on this north side of the site. A new colored site plan and colored landscape plan have been provided as noted in the site plan review summary. Also included is a perspective image of the proposed new building for your consideration. In summary, the following lists items to incorporate into the allowable uses for the SP-1 zoning proposed for the property. • Allow impervious coverage for property to be 8 1 % as existing impervious coverage exceeds existing C-2 zoning 75% maximum coverage. • Allow required parking to be based on 1 space per every 230 square feet of floor area. This will allow for 24 spaces total, matching the existing parking count. • Allow for metal siding as a building material on the east, west and south building facades of existing building. Fagade facing Southlake Blvd. shall still require masonry and glass materials. • Allow for no horizontal building articulation requirement. • Allow for the exclusion of any bufferyards at adjacent properties and right-of-ways. Thank you, Robert P. Garza. AIA. TSA, R.A.. R.I.D. - Principal RPGA Design Group, Inc. - Architects Case No. Attachment C ZA14-058 Page 2 Proposed Site Plan at P&Z Commission Meeting 6-5-14 Revised Site Plan for City Council Meeting 6-17-14 Revisions to previous site plan: 0 • Existing sidewalk to remain on northeast corner of 0 building and eliminated north front sidewalk • Revisions to west, south and east elevations EAST SOUTHLAKE BOULEVARD _ly WWW �. J. , Q 4 ^IX. 9 evmrc aonux a Pv ONE STORY UFTAL/S1U= _ GUI io rr .4� I LAT 1R, SON •SOOITION ooeeppiw�ruq 1 tee• r n*c �cwa�nr �c. awsxn � �'1• •.. �o� •... ne-Ra„—s .... �i'+4'.fy4 i6v R1�t•_-�� ........ +.............. ... ... 0 20 40 60 0 02 COLORED SITE PLAN NORTH SrAI F- I-. NP-W Case No. Attachment C ZA14-058 Page 3 Landscape Plan EAST SOIJTHLAKE BOULEVARD _ �ernvee Mnetr _ aacrw� - - VIM?, m, Ir xu atoinc wvu -I� 1 R of I BO' 9uON0 11E ONE STORY � ® I NEiBU"NG CCO • 54W sa.Fr. ® LOT 1R, 9LM 1 :cim YIRON ADDIT10N Q No�1.fs — � � — iY39tlETN61ER.LN — R�W�` ea.c wio s.auNiuu __�L__� 8 r 0 20 Oil 8C 01 PROPOSED LANDSCAPE PLAN NCFrrH SCALE: r = za-V Building Elevations REipININC WALL W/ 4TLM-. S FLASH North Elevation Case No. Attachment C ZA14-058 Page 4 An wa :A D- 100 Revised West Elevation Revised South Elevation Revised East Elevation 11- 3' RFL45CAIM WMl EXMUNC METAL 9IOYIF W1 NEW PAINT SILK= NEW DOOR 4111111 METAL [1HU�T "I' -" I" MRTFKL JCIIH7 TYPIC.+L 5TUOCG METAL CPNCPY CLASM PMEL OF.-7- F.F RETMMNC` WALL W/ STDCEJT FINISH I ,c.x. xov 11,-t xe,u conic xn p' stiaro— [T,� croon ,m wn SIIiKt BANS EAST r%(D TH WEST SOUTH Accessory Building and Dumpster Enclosure Case No. Attachment C ZA14-058 Page 5 Rendered Perspective View Southeast from E. Southlake Boulevard Case No. Attachment C ZA14-058 Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA14-058 Review No.: Two Date of Review: 5/30/2014 Project Name: Empire Rugs APPLICANT: RPGA Design Group, Inc. Owner: Robert P. Garza Ben Shabahang and Layla Alizadeh 101 S. Jennings Avenue, Ste. 100 2325 E. Southlake Blvd. Ft. Worth, TX 76104 Southlake, TX 76092 Phone: (817) 332-9477 Phone: (817) 310-6363 Email: robgarza@rpgaarchitects.com Email: empirerugs@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/28/14 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 Patty Moos Planner I Phone: (817) 748-8269 Email:pmoos(cD-ci.southlake.tx.us Label the entrances/exits to the building on the site plan. 2. Provide a consolidated bullet point (or numbered/lettered) list of regulations deviating from the standard regulations of the Zoning Ordinance. This should match the narrative. 3. The storage building must consist of a minimum of 80% masonry material, excluding doors and windows, meeting the requirements of the Masonry Ordinance No. 557. Any proposed deviation requires separate processing of a masonry variance before the City Council. 4. Please confirm that any new metal roofing material is of a non-metallic factory applied matte finish. Any deviation proposed will require approval as part of the S-P-1 zoning regulations. 5. On the Site Plan, label the width and type of proposed bufferyards clearly distinguished on the graphic. Properties within the corridor overlay zone; see Zoning Ordinance 480, Section 43.9.c.3 and exhibits 43-B and 43-C. If no bufferyards exist or are proposed, include in the narrative. 6. Correct the open space area and percentage in the Site Data summary chart. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartina-ci.southlake.tx.us No comments. Case No. Attachment D ZA14- 058 Page 1 Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala(a-ci.south lake.tx.us M;IkiI;I:7e1 W9191djldjl;1011&13 The applicant proposed to install a new handicap ramp along the northeast side of the building. The handicap ramp encroaches upon a 20' Diamond Shamrock Pipeline Easement and shall require an encroachment agreement with the owner of the easement. Provide encroachment agreement from the owner to the City. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements(a-)ci.south lake.tx.us M;IkiI;1:7e1 W9161djldjl;10111613 No comments based on submitted information. General Informational Comments * No review of proposed signs is intended with this site plan, including monument signs. 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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 stucco finish Case No. Attachment D ZA14- 058 Page 2 with equal or greater strength and durability specifications. The use of synthetic products (e.g., EIFS — exterior insulation and finish systems, hardy plank, or other materials) shall not be considered as masonry material. (As amended by Ordinance 480-PPP). Existing portions of the building that do not comply with the Masonry Ordinance No. 557, as amended, may exist subject to the "Non -Conforming Building" provisions of Ordinance No. 557, Section 6, as amended. The masonry modifications proposed in the "S-P-1" zoning can only be approved through a separate masonry variance in accordance with Ordinance No. 557, Section 3, as amended. Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from any rights -of -way as defined in Section 43.19.d. 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 from ROW as defined in Section 43.19.d.. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All development must comply with the underlying zoning district regulations. Denotes Informational Comment Case No. Attachment D ZA14- 058 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Empire Rugs L!60 U 200 22120 1570 1 e 1600 1700 2130 E SOUTHLAKE BLVD 1555 1575 61 1621 1695 1723 1901 G 21 1615 1721 m m z IJ60 1725 77 m If E)70 ' z O r $00 q90 r Z80 x_ N 365 n N SPO # Owner Zoning Address Acreage Response 1. Shamrock Pipeline Corp, The C3 E State Hwy 114 0.41 NR 2. Town Square Ventures Lp DT 1570 E Southlake Blvd 2.27 NR 3. 7330 Fair Oaks Blvd Prt Etal C3 1600 E Southlake Blvd 2.36 NR 4. Jpmorgan Chase Bank C3 1700 E Southlake Blvd 2.12 NR 5. Pky Group Llc SP1 1621 E Southlake Blvd 1.10 NR 6. Bruton, Paul R & Doreen SP2 1615 E Southlake Blvd 1.02 NR 7. Bootstrap Investments Inc C1 E Southlake Blvd 2.16 NR 8. Bootstrap Investments Inc 01 1723 E Southlake Blvd 1.03 NR 9• Malik, Nalia & Shezad 131 175 Miron Dr 0.63 NR 10. Wetrich Realty Lp 131 325 Miron Dr 0.70 NR 11. Rocky Mountain Holdings Llc SP1 345 Miron Dr 1.00 NR 12. March Investments Lp 131 365 Miron Dr 0.74 NR 13. Southlake, City Of CS 320 Miron Dr 1.57 NR 14. Rcc Miron Office Ltd SP2 300 Miron Dr 2.72 NR 15. Dallas Smsa Tower Holdings Lp 131 340 Miron Dr 0.98 NR 16. Tesoriero Holdings Llc SP2 300 Miron Dr # 1 0.08 NR 17. D2S2M Llc SP2 300 Miron Dr # 2 0.08 NR 18. Bearfoot Investments Llc SP2 300 Miron Dr # 3 0.08 NR 19. Miron Grove Llc SP2 300 Miron Dr # 4 0.13 NR 20. Rcc Miron Office Ltd SP2 300 Miron Dr 1.57 NR 21. Thorn Properties Llc SP2 300 Miron Dr # 5 0.11 NR 22. Miron, Gary A& Janice L C2 1695 E Southlake Blvd 0.54 NR 23. Bootstrap Investments Inc 01 100 Westwood Dr 1.13 NR 24. Krause, Michael S Etux Rejana 131 205 Miron Dr 0.52 NR 25. Candy Beara Llc 131 305 Miron Dr 0.77 NR 26. Superintendent of Carroll ISD Case No. Attachment E ZA14- 058 Page 4 27. Superintendent of Grapevine Colleyville ISD 28. Superintendent of Northwest ISD 29. Superintendent of Keller ISD F: In Favor Notices Sent: Responses Received: Case No. ZA14- 058 O: Opposed To Twenty-nine (29) For: Opposed U: Undecided NR: No Response No Response: 29 Attachment E Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-670 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 1R, BLOCK 1 OF THE MIRON ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.0256 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL 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 Case No. Attachment F ZA14- 058 Page 1 plan; and, WHEREAS, the hereinafter described property is currently zoned "C-2" Local Retail Commercial 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 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 Case No. Attachment F ZA14- 058 Page 2 appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, 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. Case No. Attachment F ZA14- 058 Page 3 That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 1 R, Block 1 of the Miron Addition, City of Southlake, Tarrant County, Texas, located at 1695 E. Southlake Boulevard, Southlake, Texas. Current Zoning: "C-2" Local Retail Commercial District. Requested Zoning: "S-P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions from the previous Zoning 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 Case No. Attachment F ZA14- 058 Page 4 to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where 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 Case No. Attachment F ZA14- 058 Page 5 a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage 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 F ZA14- 058 Page 6 PASSED AND APPROVED on the 1st reading the 17th day of June, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 5th day of August, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14- 058 Page 7 EXHIBIT "A" Reserved for Metes and Bounds Description Case No. Attachment F ZA14- 058 Page 8 IW14:ii:11M:i Reserved for Site Plan Case No. Attachment F ZA14- 058 Page 9