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Item 6DCITY OF SOUTHLAI<,-E Department of Planning & Development Services STAFF REPORT September 9, 2014 CASE NO: ZA14-059 PROJECT: Zoning Change and Site Plan for Pieter Andries Jeweler EXECUTIVE SUMMARY: RPGA Design Group, Inc., on behalf of Pieter Andries Jeweler, is requesting approval of a Zoning Change and Site Plan to allow two (2) additions to the existing building on property described as Lot 3-R-2, Block 1, Georgetown Park, and located at 2525 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 to allow two (2) additions to the existing building. 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. The expansion of the Pieter Andries Jeweler building includes a 1,077 square foot porte cochere and a 541 square foot security area addition on the east side of the building, and a two story 1,981 square foot addition located on the southwest corner of the building. The two story addition will contain an expansion to the existing jeweler's shop on the first floor and onsite security surveillance on the second floor. Pieter Andries Jeweler Existing Zoning C-2 Proposed Zoning SP-1 with C-2 uses Gross Area 2.4 acres Number of Proposed Buildings 1 Existing Building Floor Area Gross 8,091 SF Net 7,569 SF Proposed Addition Floor Area Gross 2,522 SF Net 2,194 SF Total Building Floor Area Gross 10,613 SF Net 9,763 SF Required Parking (Per Ordinance) 36 spaces Provided Parking 33 spaces Proposed Overall Parking Ratio 1 space : 296 SF The construction of the porte cochere on the east side of the existing building will require the relocation of the electric transformer to the south side of the building (west of the porte cochere drive). Additionally, the existing 24-inch storm drain pipe will need to be relocated west to allow the construction of the addition. An encroachment agreement will need to be executed to allow the building to be Case No. ZA14-059 ACTION NEEDED: ATTACHMENTS: STAFF CONTACT: Case No. ZA14-059 constructed over the drainage easement. In addition, the applicant will work with adjacent property owner to the east to construct four (4) additional parking spaces and landscaping on the adjacent property. These parking spaces were approved on the original site plan for the adjacent portion of Georgetown Park, but never constructed. Development Regulations Comparison FruntYard 50-feet (existing building setbuck) 30-feet/C-2 district; 50—feet/ FM 1709 Parking Bufferyard5 Articulation Maximum Impervious Coverage 1 space/ 295 sffor all uses (33 provided) 20' Type O on the north, none on east, south & west, allow as it currently exists Allow as presented 75H 1) Conduct Public Hearing 2) Consider Site Plan Approval Request 1j200sf retail; 11300 office; 1j1.DDD storage (35 required) 2(Y Type O north; 5' A east, south &west Complies with Corridor Overlay 70% (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 4, dated September 9, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-671 (G) Full Size Plans (for Commissioners and Council members only) Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 BACKGROUND INFORMATION OWNER: Pieter Andries Hye APPLICANT: RPGA Design Group, Inc. [:I:Z9]:J4:4VW111110111%1Is] ki �lz zamm• nliFl lta-.Tomm 1'i'I LEGAL DESCRIPTION: Lot 3-R-1, Block 1, of the Georgetown Park Addition, City of Southlake, Tarrant County, Texas. [oil IN:7; 1011 Wks] 01II0bMWeT•FlI:MRK • u�ZTTi�i Fl19]M= PROPOSED ZONING: "S-P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses HISTORY: September 19, 1989, "C-2" Zoning was placed on the property with the adoption of the City's Zoning Ordinance and official zoning map; August 20, 1996, City Council approved a preliminary plat (ZA96-078); January 6, 1998; City Council approved a plat revision (ZA97-152); February 3, 1998 City Council approved a revised preliminary plat and (ZA97-151); February 3, 1998; City Council approved a zoning change and concept plan for Georgetown Park (ZA97-159). July 21, 1998; City Council approved a plat revision (ZA98-72). August 18, 1998; City Council approved a site plan (ZA98-081) CITIZEN INPUT: A SPIN meeting was held on August 26, 2014 for this development. The report is included in Attachment `C' of this report. SOUTHLAKE 2030: Consolidated Land Use Plan The Retail Commercial category is a lower- to medium -intensity commercial category providing for neighborhood -type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character Case No. ZA14-059 Page 1 and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office -related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial. The development as proposed appears to be consistent with the intent of the land use designation at this location. Pathways Master Plan An existing eight (8) foot wide sidewalk is located along the E. Southlake Boulevard. TREE PRESERVATION: The original Site Plan was approved in 1998. The trees and landscaping are not required to be maintained in perpetuity. UTILITIES: Water The site is served by an existing 6-inch water line within the development. Sewer The site is served by an existing 6-inch sewer line within the development TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will 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 Traffic Impact Retail Center 355 1 26 1 29 1 23 1 18 * 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, 7rh Edition PLANNING AND ZONING COMMISSION: July 17, 2014; Approved (6-0) Ord. 480-671 (ZA14-059) subject to the Staff Report dated July 11, 2014; further subject to the Site Plan Review Summary #3 dated July 9, 2014; further noting the applicant's willingness to work with staff to limit the impact of construction on traffic in the area during the construction; further noting the applicant's acknowledgement that the Case No. Attachment A ZA14-059 Page 2 articulation requirements need to be met; and further noting the applicant's willingness to enter into an encroachment agreement with regards to the drainage easement on the east side of the property. CITY COUNCIL: September 2, 2014; Approved (6-0) Ordinance No. 480-671 (ZA14-059)1st Reading; pursuant to the Site Plan review Summary No. 3, dated July 9, 2014; also accepting the Planning and Zoning Commission's recommendations, their motions, and their approval. STAFF COMMENTS: The Site Plan Review Summary No. 4, dated September 9, 2014 is located in Attachment D'. The applicant submitted a 11" x 17" plan addressing staff's comments related building square footage (Comment #1 — staff review). Case No. Attachment A ZA14-059 Page 3 Vicinity Map Pieter Andries Jewelers 2525 E. Southlake Boulevard 2556 2,31,5 2600 2326 2 �outh1,k� 20 � B 26 ; ; 2435 1 2535 2445 2 5 4_5 2485 "1r1-1- Z l01 2627 z w J 0 22-0�- 2717 1 I = - lA'14-059 Zoning Change and Site Plan 0 50100 200 Feet Case No. Attachment B ZA14-059 Page 1 Plans and Support Information 2 MIR P G A . D E S I G N G R O U P. I N C. SITE PLAN SUBMITTAL NARRATIVE ZA14-059 2525 E. Southlake Blvd. SP-1 USE AND REGULATION DOCUMENT Zoning Change Application SP-1 with C-2 Uses limited to Local Retail Commercial For 2525 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 as part of the Georgetown Park Development. Since then, site was subdivided and lots were sold individually. As such, we are requesting for a zero lot building line at the eastern side of the property. We also ask for an increase of impervious coverage as indicated on the Site Data Summary Chart. The property owner, International MBC, Inc. (Pieter Andries Hye) intends to add a porte cochere at the east side of the existing building. The existing 24" storm drain pipe that runs within the existing 10' drainage easement will be rerouted to the west underneath the porte cochere to stay clear of the porte cochere foundation structure. The construction of the porte cochere will also require the relocation of the existing electrical transformer on the site. The owner intents to add four parking spaces at the adjacent property and provide landscape to comply with the Landscape Ordinance No. 544-B. The main level of the proposed two story addition at the southwest comer will consist of an expansion of the existing jewelers shop. The second level of the two story addition will accommodate the onsite 24/7 surveillance staff. The existing building is brick and stucco with fabric awning at the north side of the building. The proposed 2 story addition and porte cochere will be constructed using the same materials in keeping with the same design of the existing building. Proposed are fabric awning awnings to match existing at the north and south of the porte cochere and at the northwest tower as indicated on the colored elevations. Due to the proposed porte cochere and building addition on the southwest comer, the impervious coverage exceeds the allowed impervious coverage under the current C-2 zoning by 5%. Part of the SP-1 request is to allow for this greater impervious coverage percentage. Comment #5 from the Planning Review comments states to provide and label a pedestrian access plan for the site. The site, building, and pedestrian access are existing and will not be altered by the proposed two story addition or the proposed porte cochere. Comment # 11 says to label the centerline distances from the drive/exit to the nearest street right-of-way and to the nearest driveway centerlines in both directions. The Entry/Exit drive are existing and will not be altered by the proposed two story addition or the proposed porte cochere. 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. The proposed parking landscape island will contain at a minimum on one canopy tree and remaining area consisting of shrubs, ornamental grasses, ground cover, seasonal color, or a combination of these plant materials. The site plan review summary noted to clarify the bufferyards summary chart on the Site Plan as the chart and site plan conflict. No bufferyards are required based on the Landscape Ordinance — Section 42 — Bufferyards — Paragraph 101 S. Jennings Avenue, Suite 9100 Fort Worth, Texas 76104 (817) 332-9477 (972) 445-6425 FAX (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com Case No. Attachment C ZA14-059 Page 1 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. 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. The existing trees that are proposed to be altered for the building and parking additions are existing landscaping that was installed with the original development. The original Site Plan was approved in 1998 and the landscaping is not required to be maintained in perpetuity. 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. A tree protection plan has been provided. A new colored landscape and tree protection plan have been provided as noted in the site plan review summary. Also included are colored building elevations with dimensions and building articulations. Thank you, Robert P. Garza, AIA, TSA, R.A., R.I.D. - Principal RPGA Design Group, Inc. -Architects Case No. Attachment C ZA14-059 Page 2 Site Plan Ln I =10 'uruoi 51ard NNip ONO3D o OAl9 3X"HlMS-3 SM 4 ^ a I oil a SdJ-U f SJ1aarvv a3i3id ° CL l �` �� d a CI aOd iYumans NVId 311S r . ','.....,..' t J r, C4gg � z rd ��ac x � o b 's ,a s5tl" C gib., tee 9 g 9�a � � P � sq Fi'dR ���3 � 9 � r��• a� •� a�2 yn.. � s� � Case No. Attachment C ZA14-059 Page 3 Landscape Plan 1�.11c..�1vw IVAU31q rwY� YLild■JYa�61� _ . m�o�w �tloavo� Inl� {�� � 7. wmrsraAaxP�l m.+a�m9la:e X1 t � t� COF M917 ACRE 1 1A7 94:14, %C" 1 . 1 OPOR3F. 09M PNiL GIA, A, SL M76 P.R.TC.T N�f2 STORY BR IS'IUhC CC4 ' SUI G h10 SF6pY 6.756 AFT. Lu._ ._. __— TREE PROTECTION / 01 LANDSCAPE PLAN SCALE; Ill 6'=1'-D" P, P.M 0 5 10 20 iG SAL a LOl 4- f-1. BLOCK 1 GEORGETOYN1 Pill{ CAB A. SL 7350 P.R. T.C. T. L.U.O. RETAIL CONMERCIAL 0 TRUE NORM Case No. Attachment C ZA14-059 Page 4 Building Elevations 02 SOUTH ELEVATION - PROPOSED SCALE: 1/8" = F-0" Case No. Attachment C ZA14-059 Page 5 ■■I■■I _- - -- _' EXISTING " 0EAST 1 ELEVATIONPROPOSED 02 WEST ELEVATION - PROPOSED SCALE: 1/8" = V-0" Case No. Attachment C ZA14-059 Page 6 ZISOUTHLAKE CASE NO. PROJECT NAME SPIN DISTRICT MEETING DATE MEETING LOCATION: SPIN MEETING REPORT ZA14-059 Pieter Andries Jeweler SPIN # 8 March 25, 2014; 6:00 PM 1400 Main Street, Southlake, TX City Council Chambers TOTAL ATTENDANCE: Nine (9) • SPIN REPRESENTATIVE(S) PRESENT: Randy Robbins and 4 others • APPLICANT(S) PRESENTING: Robert Garza, RPGA Architects, 817-332-9477 Email: robgarzaa-rpgaarchitects.com • STAFF PRESENT: Patty Moos, Planner I and Jerod Potts, Planner I STAFF CONTACT: Patty Moos, Planner I: (817)748-8269 or pmoosa_ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 2525 E. Southlake Boulevard. Project Details: • Project is an expansion to the existing building due to professional burglary • Addition in southwest corner is a two story shop with security overlook • East addition is a porte cochere for client security • Green space and offsite parking on the adjacent property, parking construction paid by adjacent property owner and landscaping paid by Pieter Andries Jeweler • Architecture and articulation to match the existing building Case No. Attachment C ZA14-059 Page 7 The plan presented at SPIN: Pieter Andries Jeweler Site Plan Landscaae Plan Case No. Attachment C ZA14-059 Page 8 Building Elevations 01 NORTH ELEVATION - PROPOSED SCALE: 11&'=1'-0' 02 SOUTH ELEVATION - PROPOSED 01 EAST ELEVATION - PROPOSED SCALE: 1/&' - V.' 02 WEST ELEVATION - PROPOSED Case No. Attachment C ZA14-059 Page 9 QUESTIONS / CONCERNS • What are the site lines and accessibility to the site? The security force is off duty police officers and the parking will benefit both properties. • What about the neighbors and a two story building and their privacy? This is a commercial property with no residential adjacency. • Is the new parking pavement permeable? This could be considered. • Is the exterior fagade consistent with the existing facility? Yes. Meeting presentation ended at 6:40 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 betaken as guarantees by the applicant. Interested parties are strongly encouraged to follow the casethrough the Planning and Zoning Commission and final action by City Council. Case No. Attachment C ZA14-059 Page 10 SITE PLAN REVIEW SUMMARY Case No.: ZA14-059 Project Name: Pieter Andries Jeweler APPLICANT: RPGA Design Group, Inc. Robert Garza 101 S. Jennings Avenue, Ste. 100 Ft. Worth, TX 76104 Phone: (817) 332-9477, ext. 208 Fax: (817) 332-9487 Review No.: Four Date of Review: 9/9/2014 Owner: International MBC, Inc Pieter Andries Hye 4522 Saddle Ridge Road Southlake, TX 76092 Phone: (817) 748-4367 Fax: (817) 749-4474 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 1. Verify that the building area and floor area (existing and proposed) are correct. Any additional landscape area will be based on the new added building area (footprint). Parking requirements will be based on the floor area by use. Adjust the parking ratio in the proposed regulations as needed. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartina-ci.southlake.tx.us TREE CONSERVATION COMMENTS: The existing trees that are proposed to be altered for the building and parking additions are existing landscaping that was installed with the original development. The original Site Plan was approved in 1998 and the landscaping is not required to be maintained in perpetuity. Will k111:167e1»de]►y,ILy,INIkk&I 1. The proposed ±1,500 square foot first floor addition is less than 30% of the existing first floor building area and the development Site Plan was approved in 1998 so the existing landscaping is not required to be maintained in perpetuity. Only landscaping for 50% of the proposed building addition, and parking is required to be provided. It appears that approximately 750 sf of additional interior landscaping will be required. 2. The proposed parking landscape islands are required to contain at least the minimum of one (1) canopy tree and remaining area consisting of shrubs, ornamental grasses, ground cover, seasonal color, or a combination of these plant materials. Since the required parking lot landscaping is off site, it does not count toward the required interior landscaping. Case No. Attachment D ZA14-059 Page 1 Indicates informational comment. Indicates required items comment. Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala(cD-ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. An encroachment agreement shall be required for the porte-cochere which will be constructed over an existing 10' drainage easement. EASEMENTS: 1. Proposed 24" storm sewer is located outside of the property boundary. Provide a minimum 15' drainage easement for the relocation of the storm sewer. Proposed easement shall be dedicated by plat and the existing easement abandoned by plat along the relocated portion of the storm sewer. 2. 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. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. Storm drain cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. DRAINAGE COMMENTS: 1. Provide a storm sewer layout of the proposed storm sewer. 2. Provide record drawings of the drainage area map and storm drain layout for the development. 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: kclementsa-ci.southlake.tx.us GENERAL COMMENTS: Since the building is equipped with an automatic fire protection system, proper sprinkler system coverage must be provided throughout the building to meet the requirements of NFPA 13. Fire sprinkler system coverage must be continued into the new tow -story addition and the porte- Case No. Attachment D ZA14-059 Page 2 cochere addition. If more than 20 sprinkler heads are added or relocated, submit plans to Reed Fire Protection, 14135 Midway Road Suite G260, Addison, Texas 75001, for review and approval. Reed Fire Protection phone number is 214-638-7599. Since the building is already equipped with audible/visual fire alarm devices, coverage must be continued into all areas of the building to maintain compliance with the 2012 International Fire Code and NFPA 72 throughout the structure. Submit plans to Reed Fire Protection for review and approval. 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. The applicant should be aware that prior to issuance of a building permit, 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: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. 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 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) 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. Denotes Informational Comment Case No. Attachment D ZA14-059 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Pieter Andries Jeweler 0 Q � N 2307 2550 h ^ 23pS 438 O 231S Sp Z 23 p Z 2425 26¢0 2pS0 2ao 2S2S 2�p0 2676 2;'p4 2S4S 2;,Sp 2435 2535 270? F SO 0 2625 T yCAkF BCVp 2445 2545 2627 2757 2485 W 2717 2727 2787 J O 2 2777 w N J N �O 00 Q o m A) SPO # Owner Zoning Address Acreage Response 1. Wyndham Properties Ltd SP2 2550 E Southlake Blvd 0.68 NR 2• Wyndham Properties Ltd SP2 2600 E Southlake Blvd 2.00 NR 3• 2425-2435 E Southlake Llc C2 2425 E Southlake Blvd 1.74 NR 4• International Mbc Inc C2 2525 E Southlake Blvd 0.89 NR 5. Ss Davis Investment Llc Etal C2 2615 E Southlake Blvd 1.97 NR 6• Seldin Properties Texas Llc C2 2535 E Southlake Blvd 0.84 NR 7. Downey Enterprises Llc C2 2545 E Southlake Blvd 0.92 NR 8. Dream 7 Equities Llc C2 2445 E Southlake Blvd 0.68 NR 9• Cesander, Laurence P Etux P L 01 2485 E Southlake Blvd 1.59 NR 10. Grantland Properties Llc C2 2625 E Southlake Blvd 0.55 NR 11. 2315 E Southlake Center Llc C3 2315 E Southlake Blvd 1.72 NR 12. Carr, Howard E Jr AG 311 S Kimball Ave 5.82 NR 13. Dctn3 373 Southlake Tx Llc SP1 2645 E Southlake Blvd 1.65 F 14. Coz, Llc C3 2325 E Southlake Blvd 0.80 NR 15. Sovereign Bank Na C2 2438 E Southlake Blvd 1.13 NR 16. Superintendent of Carroll ISD 17. Superintendent of Grapevine Colleyville ISD 18. Superintendent of Northwest ISD 19• 1 Superintendent of Keller ISD F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received: In Favor: 1 Opposed: No Response: 17 Case No. Attachment E ZA14-059 Page 1 Notification Response Form ZA14-059 Meeting Date: June 5, 2014 at 6:30 PM Dctn3 373 Southlake Tx Llc 620 E Southlake Blvd Southlake Tx 76092 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 opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Additional Signatu Date: 1-} Date: %-)mac. Printed Name(s): h., -E-Wwy�& A ,WJU 1,, rrir-tc Must be property owner(s) whose narne(s) are printed at top. Otherwi ntact the Planning Department. One form per property. Phone Number (optional) Case No. ZA14-059 Attachment E Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-671 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 3-R-1, BLOCK 1, OF THE GEORGETOWN PARK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.4 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 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 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. 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 3-R-1, Block 1 of the Georgetown Park Addition, City of Southlake, Tarrant County, Texas, located at 2525 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: Insert final 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. 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 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 2nd day of September, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 16th day of September, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" Reserved for Metes and Bounds Description iW:4:ii:11M:i Reserved for Site Plan