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Item 7A Department of Planning & Development Services S T A F F R E P O R T May 26, 2015 CASE NO: ZA15-030 PROJECT: Zoning Change and Site Plan for TrueZero EXECUTIVE SUMMARY: On behalf of TrueZero Properties, Hart, Gaugler & Associates, Inc. (HGA) is requesting approval of a Zoning Change and Site Plan for TrueZero on property described as Lot 1R, Block 5, Cornerstone Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 305 S. Nolen DriveS-P-2Generalized Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8. REQUEST DETAILS: HGA is requesting approval of a Zoning Change and Site Plan for TrueZero -P-2Generalized Site Plan District -2 - -P- District -to construct an approximately 12,000 square foot office building on approximately 1.85 acres. The proposed single- story office building is intended to be occupied by a single tenant, TrueZero. An approximately 132 square foot storage building adjacent to the dumpster enclosure is proposed on the site. The property is currently included in an S-P-2 Generalized Site Plan District zoning district for Cornerstone Business Park that includes five lots on approximately 11.572 acres. The applicant is proposing to remove the lot from the S-P-2 zoning district and to establish a separate S-P-1 zoning district for the TrueZero lot. -P- includes all uses allowed - 1. On all facades, the horizontal and vertical articulation will be as shown on the Site Plan and the elevations. 2. A storage building shall be a permitted accessory use. Variance Request: 1. The Driveway Ordinance requires a minimum spacing of 250 feet between the proposed driveway centerline and the existing driveway centerline to the north; a variance is requested to allow a spacing distance of approximately 185 feet. The variance is requested to allow the proposed driveway to align with the existing driveway across S. Nolen Dr. from the True Zero property. Case No. ZA15-030 On May 7, 2015, the Planning & Zoning Commission recommended approval (4-0) specifically approving the variance to driveway spacing; the staff review preservation and denying the proposed covered parking structure. The applicant has responded with revised plans indicating the removal of the covered parking structure and an increase in tree preservation from 20% to 42%. Under straight O-1 zoning, a minimum of 40% tree preservation would be required. The S-P-- except as noted in the chart below: Component O-1 Office District S-P-1 Regulation This site is subject to the Non-residential Allow horizontal and vertical Overlay District regulations, which requires Articulation articulation as shown on the site vertical and horizontal articulation on all plan and building elevations facades visible from S. Nolen Dr. Allowed with the approval of a specific use Allow a storage building as a permit accessory buildings enclosing Storage Building permitted accessory use as equipment or activities in conjunction with proposed. the permitted principal uses. st ACTION NEEDED: Consider approval of 1 reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) SPIN Summary Reports dated March 2, 2015 and April 28, 2015 (E) Site Plan Review Summary No. 3, dated May 11, 2015 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-695 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 748-8072 Richard Schell (817) 748-8602 Lorrie Fletcher (817) 748-8069 Case No. ZA15-030 BACKGROUND INFORMATION OWNER: TrueZero Properties APPLICANT: Hart, Gaugler & Associates, Inc. PROPERTY SITUATION: 305 S. Nolen Drive LEGAL DESCRIPTION: Lot 1R, Block 5, Cornerstone Business Park Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: S-P-2 Generalized Site Plan District PROPOSED ZONING: S-P-1 Detailed Site Plan District HISTORY: --- property as well as a Preliminary Plat were approved by the City in May of 1997. -A Final Plat (ZA97-114) was approved by the City on September 4, 1997. -City Council approved a zoning change (ZA02--- -P-- an associated concept plan on July 16, 2002. -A zoning change and concept plan (ZA04- Dist-P--P- Plan District -- Industrial District uses was approved by City Council on June 15, 2004. - A plat revision (ZA04-065) was approved by City Council on October 15, 2004. -A zoning change and site plan (ZA10-065) for Lot 5R1 (Texas Digestive -P--P- General Site Plan District was approved by City Council on January 18, 2011. -A zoning change and site plan / concept plan (ZA11-027) from S-P-2 General Site Plan District to S-P-2 General Site Plan District to add 15 parking spaces and to reconfigure driveways on the site/concept plan for Lots 1R, 2R1R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park was approved by City Council on October 18, 2011. CITIZEN INPUT: SPIN meetings were held March 2, 2015 and April 28, 2015. See s. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan: The underlying land use designation for The proposed development is consistent with the recommended scope of uses designation. Case No. Attachment A ZA15-030 Page 1 Mobility & Thoroughfares Master Plan: The Mobility and Master Thoroughfares Plan identifies S. Nolen Drive as a between E. Southlake Blvd. and Crooked Ln. Pathways Master Plan The applicant shows the required 5-foot sidewalk along S. Nolen Drive on the submitted site plan. TRANSPORTATION ASSESSMENT:Existing Area Road Network and Conditions This location proposes one access point from S. Nolen Drive. The existing driveway located on the W. side of S. Nolen Drive at 300 S. Nolen Drive, Nolen Office Park was approved with the condition that upon construction of Village Center Dr. if staff deems it necessary, the driveway can be changed to right-in right-out only. Nolen Drive (85) (between FM 1709 and Crooked Lane) 24hr North BoundSouth Bound2,710 (2,773) () AM 305307 Peak AM ()11:45 AM12:45 PM Peak AM () 8:15 9:15 AM PM 335318 Peak PM () 4:30 5:30 PM Peak PM () 12:45 1:45 PM Based on the 2014 City of Southlake Traffic Count Report * Traffic Impact Area VtpdAM-AM-PMPM- Use (sq. ft.) * IN OUT -IN OUT Single Tenant Office Building (715) 12,000 139 19 2 3 18 Vehicle Trips Per Day * * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday th * Based on the ITE: Trip Generation Manual, 7 Edition WATER & SEWER: Water There is an existing 12 water line which runs along the east side of S. Nolen Drive that will serve this development. Sewer Sewer is proposed to be extended to the property from a 6 that exists on the property to the southeast. A utility easement dedicated by separate instrument will be required for the sewer line. TREE PRESERVATION: There is approximately 63% of existing tree cover on the site. If the request was for a straight zoning change, 40% of the existing canopy would be required to be preserved. The applicant is proposing to preserve approximately 42% of the existing tree cover on the property. For property sought to be zoned S-P-1 Site Plan, City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. Case No. Attachment A ZA15-030 Page 2 PLANNING & ZONING COMMISSION ACTION: May 7, 2015, Approved (4-0) specifically approving the variance to driveway spacing; also subject to the Site Plan Review Summary No. 2, dated April 29, 2015 and the staff report dated May 7, 2015; noting the proposed covered parking structure. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated May 11, 2015. Case No. Attachment A ZA15-030 Page 3 Case No. Attachment B ZA15-030 Page 1 S-P-1 Regulation Document presented at P&Z Case No. Attachment C ZA15-030 Page 2 S-P-1 Regulation Document updated 5-11-2015 Case No. Attachment C ZA15-030 Page 3 Case No. Attachment C ZA15-030 Page 4 Case No. Attachment C ZA15-030 Page 5 Site Plan presented at P&Z Case No. Attachment C ZA15-030 Page 6 Site Plan updated 5-11-2015 Previously proposed covered parking structure removed. One parking space removed to save existing trees. Case No. Attachment C ZA15-030 Page 7 Elevations - presented at P&Z Case No. Attachment C ZA15-030 Page 8 Elevations - updated 5-11-2015 Previously proposed covered parking structure removed. Case No. Attachment C ZA15-030 Page 9 SPIN Reports Case No. Attachment D ZA15-030 Page 1 Case No. Attachment D ZA15-030 Page 2 Case No. Attachment D ZA15-030 Page 3 Case No. Attachment D ZA15-030 Page 4 QUESTIONS / CONCERNS: Can you review any variances? Addition of second access point to Nolen Drive o 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 ZA15-030 Page 5 Case No. Attachment D ZA15-030 Page 6 QUESTIONS / CONCERNS: None 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 ZA15-030 Page 7 SITE PLAN REVIEW SUMMARY ZA15-030Three05/11/15 Case No.: Review No.: Date of Review: Site Plan Project Name: True Zero 305 S. Nolen. Dr. APPLICANT: John Blacker OWNER: Don Penn Hart, Gaugler & Associates, Inc. TrueZero Properties 12801 N. Central Expwy., Suite 1400 635 Westport Pkwy. Suite 300 Dallas, TX 75243 Grapevine, TX 76051 Phone: (972) 239-5111 Phone: (817) 410-2858 E-mail: jblacker@hartgaugler.com E-mail: donpenn@iegltd.co CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/11/15 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 Lorrie Fletcher Planner I Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended. The following variance has been requested: a. site, so a minimum of 250 centerline and the existing driveway centerlines to the north and south. The submitted site plan indicates that the spacing to the driveway to the north is approximately 185 feet. A variance has been requested. 2. Staff is concerned about the lack of a turnaround for the dumpster and loading space areas resulting in a long distance for the trucks to back up. Please consider relocating the locations of the dumpster and loading space to decrease the distance that trucks would have to back up or provide turnarounds. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-D. There is 63% existing Case No. Attachment E ZA15-030 Page 1 tree cover on the site and 40% of the existing tree cover is required to be preserved. 42% is proposed to be preserved. On the previous plan the applicant the full extent of the preserved canopy cover was not being measured. The area which covered impervious area was being included within the percentage of tree cover preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* 0% 20% 70% 20.1 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Case No. Attachment E ZA15-030 Page 2 Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. Existing tree credits are being taken for existing trees within the interior landscape area and the bufferyards. Credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met at the time of inspection for a Permanent Certificate of Occupancy. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 2. Civil construction plans shall address pre-construction, post-construction and permanent erosion control measures and stabilization. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * Water and sanitary sewer 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. Case No. Attachment E ZA15-030 Page 3 WATER COMMENTS: * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. * - * Water meters and fire hydrants shall be located in an easement or right of way. DRAINAGE COMMENTS: * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Su the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre-construction, construction and post-construction erosion control measures. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for buildings over 6,000 square feet. (Per 2012 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. Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes. (FDC is shown on plans, but there is not a fire hydrant within the required distance) A fire hydrant will be required to be added on the property within 100 feet of the Fire Case No. Attachment E ZA15-030 Page 4 Department Connection. The FDC is be a 5 inch Storz connection with a 30 degree down elbow and a Knox locking cap. An exterior audible/visual fire alarm device must be installed above the Fire Department Connection to indicate when a fire alarm condition is present in the building. All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72, the 2012 International Fire Code, and the City of Southlake amendments. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) All commercial buildings are required to have Knox Box rapid entry systems installed near access to the riser room. Boxes can be ordered at www.knoxbox.com or contact the Fire If the riser is further than 100 feet from the city main, the double check valve shall be in a indicate that the double check will need to be installed in a vault due to the distance from the city main). GENERAL INFORMATIONAL COMMENTS * Verification has been submitted by the applicant indicating that the impervious coverage for the remainder of the S-P-2 district is approximately 68.93% if this lot is removed, which does not exceed the maximum allowed in the district (75%). * The Site Plan and elevations propose an approximately 132 square foot storage building to be permitted as an accessory use. The Specific Use Permit regulations for the development of accessory buildings in Zoning Ordinance No. 480, Section 45.16, as amended, states the structure design and materials required. An S-P-1 regulation to allow the storage building has been included in the zoning change request, so approval of a separate SUP is not required. The SUP requirements for accessory buildings are included below for reference only: a. Accessory buildings shall be required a permanent foundation and shall be located no closer than ten feet (10') to a property line located in the rear yard. b. Separation requirements between accessory and principal buildings shall be determined by the most recently adopted International Building Code (IBC). c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. Accessory buildings shall be used only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. g. All accessory structures requiring a Specific Use Permit shall meet the requirements set forth in Masonry Ordinance No. 557-A, as amended. h. Masonry material used shall match the masonry material of the principal structure on the lot. i. Roof (design, pitch, and materials) to be the same type as the principal structure roof. Case No. Attachment E ZA15-030 Page 5 * 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. 75 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment E ZA15-030 Page 6 SURROUNDING PROPERTY OWNERS TrueZero 200 foot buffer Owner Zoning Address Acreage Response Btr-8 Southlake Llc SP2 2707 E SOUTHLAKE BLVD 5.76 NR 1. Orion Sky Properties Llc SP2 2757 E SOUTHLAKE BLVD 3.61 NR 2. Williams, Roger G Etal SP2 305 S NOLEN DR 1.56 NR 3. Pony Investments Llc SP2 405 S NOLEN DR 2.53 NR 4. Harbor Town Partners Lp SP2 415 S NOLEN DR 2.73 O 5. Gateway Church SP1 500 S NOLEN DR 5.54 NR 6. Lago Del Sur Llc I1 525 S NOLEN DR 1.63 NR 7. Lago Del Sur Llc I1 535 S NOLEN DR 1.64 NR 8. Charleston Court Lp I1 545 SILICON DR 2.59 NR 9. Patterson Southlake Fam Prop I1 530 S NOLEN DR 1.07 NR 10. Case No. Attachment F ZA15-030 Page 1 Lago Del Sur Llc I1 545 S NOLEN DR 1.62 NR 11. Nolen Exchg Bus Park Llc I1 540 S NOLEN DR 1.55 O 12. Fulbright Mays Trust I1 2825 EXCHANGE BLVD 1.15 NR 13. Chany Development Inc SP1 500 SILICON DR 1.51 NR 14. Paragon Property Holdings Lp SP2 515 S NOLEN DR 1.55 O 15. Spelunker Properties Iv Llc SP2 505 S NOLEN DR 2.65 NR 16. Chany Development Inc SP1 510 SILICON DR 1.74 NR 17. Myan Plaza Lp O1 520 SILICON DR 1.43 NR 18. Charleston Court Lp O1 530 SILICON DR 4.85 NR 19. Broadgate Equity Lp I1 2815 EXCHANGE BLVD 1.76 NR 20. Drs Group Llc I1 2819 EXCHANGE BLVD 0.93 NR 21. Shanklin, Harold Est & Richard AG 2627 E SOUTHLAKE BLVD 4.26 O 22. Nolen Medical Investments Llc SP1 300 S NOLEN DR 1.84 NR 23. White, Elbert Clark Jr AG 2450 CROOKED LN 15.85 NR 24. Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Four (24) Responses Received : Two (2) Attached and shown in red Two (2) Attached and shown in purple Responses Received outside notification area: Four (4) see attached emails Case No. Attachment F ZA15-030 Page 2 Case No. Attachment F ZA15-030 Page 3 Case No. Attachment F ZA15-030 Page 4 Responses Received Outside Case No. Attachment F ZA15-030 Page 5 Case No. Attachment F ZA15-030 Page 6 Additional Responses Received Case No. Attachment F ZA15-030 Page 7 Case No. Attachment F ZA15-030 Page 8 Case No. Attachment F ZA15-030 Page 9 Case No. Attachment F ZA15-030 Page 10 Case No. Attachment F ZA15-030 Page 11 Case No. Attachment F ZA15-030 Page 12 Case No. Attachment F ZA15-030 Page 13 Case No. Attachment F ZA15-030 Page 14 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-695 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 LEGALLY DESCRIBED AS LOT 1R, BLOCK 5, CORNERSTONE BUSINESS PARK ADDITION, AND MORE FULLY S-P-2GENERALIZED SITE PLAN S-P-1DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND 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, S-P-2Generalized Site Plan 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 Case No. Attachment G ZA15-030 Page 1 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 Case No. Attachment G ZA15-030 Page 1 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: 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 Case No. Attachment G ZA15-030 Page 1 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 Case No. Attachment G ZA15-030 Page 1 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. PASSED AND APPROVED on the 1st reading the ___ day of June, 2015. _________________________________ Laura Hill, MAYOR ATTEST: _________________________________ Lori Payne, CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2015. ________________________________ Laura Hill, MAYOR ATTEST: ________________________________ Lori Payne, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ Case No. Attachment G ZA15-030 Page 1 ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA15-030 Page 1 Reserved for legal description Case No. Attachment G ZA15-030 Page 1 Reserved for approved plans Case No. Attachment G ZA15-030 Page 1