Department of Planning & Development Services

Transcription

1 Department of Planning & Development Services S T A F F R E P O R T August 27, 2014 CASE NO: ZA PROJECT: Zoning Change and Site Plan for Lots 5R1, 5R2 and 4, T. Easter No. 474 Addition EXECUTIVE SUMMARY: On behalf of Albion Iron, LLC, Gonzalez & Schneeberg, Engineers & Surveyors, Inc. is requesting approval of a zoning change and site plan on property described as Lots 5R1, 5R2 and 4, T. Easter No. 474 Addition, City of Southlake, Tarrant County, Texas, and located at 2801 E. Southlake Boulevard, Southlake, Texas. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood # 8. DETAILS: The applicant is requesting approval of a zoning change and site plan from S- P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District that proposes additional uses and modification to the regulations specific to Lot 5R2. The current S-P-2 zoning for the 3-lot subdivision allows I-1 Light Industrial District uses on Lot 4 and "C-2" Local Retail Commercial uses on Lots 5R1 & 5R2. The zoning change proposes to add limited C-3 General Commercial District uses to include an outdoor patio furniture display area to the permitted uses along with some modification to the existing zoning regulations for Lot 5R2 only. The uses and regulations in place for Lots 4 & 5R1 under Ordinance are not part of this request and are to remain as currently approved. The proposed uses and regulations for Lot 5R2 are included in Attachment C of this report. Driveway Ordinance variance requests: The applicant is requesting two (2) variances with this application: 1. The driveway stacking depth at this location requires a minimum of seventy-five feet (75 ). The applicant is requesting a minimum stacking depth of approximately fifty-six feet (56 ). 2. The minimum spacing distance between commercial driveways on FM 1709 is two-hundred and fifty feet (250 ). The applicant is requesting a minimum distance of approximately two-hundred and forty-five feet (245 ) as it exists today. ZA On August 21, 2014, the Planning and Zoning Commission recommended approval subject to the site plan review comments and the staff report; granting the requested variances; noting that in addition to C-2 uses, the following C-3 uses will also be allowed: household and office furniture, furnishings and appliances; allowing the outdoor patio furniture display in the location designated on the proposed site plan; noting the applicant s willingness to present a more detailed landscape plan at Council with the recommendation to

2 include species, caliper and location on the landscape plan; and, in relation to the additional proposed parking: allowing the seven (7) spaces along the arterial into the site and removing the six (6) spaces at the east boundary. ACTION NEEDED: Consider 1 st reading for zoning change and site plan approval request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) Revised Site Plan Review Summary No. 4, dated August 27, 2014 (E) Surrounding Property Owners Map & Responses (F) Ordinance No a STAFF CONTACT: Dennis Killough (817) Lorrie Fletcher (817) ZA14-029

3 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: Albion Iron, LLC Keith Kennington Gonzalez & Schneeberg, Engineers & Surveyors, Inc. Robert Schneeberg 2801 E. Southlake Blvd. Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition Retail Commercial and Industrial S-P-2 Generalized Site Plan District S-P-2 Generalized Site Plan District HISTORY: The following includes history for all three (3) lots 5R1, 5R2 and 4: March 19, 1996, the property was rezoned from AG Agricultural District to S-P-2 Generalized Site Plan District with "B-1" Business Service Park District uses and limited I-1 Light Industrial uses. A Concept Plan was also included with the approval. (ZA95-116) March 5, 1996, an SUP was approved for Outside Storage. (ZA95-117) June 3, 1997, a zoning change and concept plan was approved from S-P-2 Generalized Site Plan District with "B-1" Business Service Park District uses and limited I-1 Light Industrial uses to S-P-2 Generalized Site Plan District with C-2 Local Retail Commercial District uses and I-1 Light Industrial District uses. (ZA97-047) October 21, 1997, a site plan for Commerce Square / Shurgard was approved. (ZA97-081) February 2, 1999, a plat revision was approved for Lot 5R & 6. (ZA98-142) February 2, 1999, a revised concept plan was approved for Dry Clean Super Center. (ZA98-143). April 20, 1999, a site plan was approved for Dry Clean Super Center. (ZA99-011) September 19, 2000, a site plan was approved for Cornerstone Plaza One. (ZA00-079) March 20, 2001, a specific use permit for the sale of alcoholic beverages at Snookies was approved. (ZA01-014) CITIZEN INPUT: SOUTHLAKE 2030: A SPIN meeting has not been scheduled for this property. Pathways Master Plan There is an existing eight (8) foot wide sidewalk along E. Southlake Boulevard but ends at the eastern edge of Lot 5R2. The City is currently in right of way negotiations regarding completing the segment and connecting to existing sidewalk to the east. Attachment A ZA Page 1

4 TREE PRESERVATION: UTILITIES: An existing 24 Pine tree is proposed to be removed for the construction of the parking spaces on the southeast side of the access drive. The two (2) parking spaces and the northeast corner of the east access drive are proposed to be within the critical root zone area of the existing 36 Cedar Elm tree. The 36 Cedar Elm looks full but is not in good health, has lots of mistletoe and may be structurally hazardous. Water The site is served by an existing 12-inch water line along Southlake Boulevard. Sewer The existing building is served by an existing 6-inch sewer line along the west side of the property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed site plan has existing access from E. Southlake Boulevard and the adjacent properties to the east and west. E. Southlake Boulevard (13a) (between SH 114 and Nolen Drive) 24hr West Bound (15,124) East Bound (18,402) AM Peak AM (1,107)11:45 AM 12:45 PM Peak AM (1,738) 6:45 7:45 AM PM Peak PM (1,434) 4:45 5:45 PM Peak PM (1,289) 5:00 6:00 PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Use Area AM- AM- PM- PM- Vtpd* (sq. ft.) IN OUT IN OUT Furniture Store (890) 12, Specialty Retail Center (814) 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, 7 th Edition PLANNING & ZONING COMMISSION: August 21, 2014; Approved (6-0) subject to the site plan review summary No. 4 dated August 14, 2014 and the staff report dated August 15, 2014, and the following: granting the requested variances; noting that in addition to C-2 uses, the following C-3 uses will also be allowed: o household and office furniture, furnishings and appliances; allowing the outdoor patio furniture display in the location designated on the proposed site plan; noting the applicant s willingness to present a more detailed landscape plan at Council with the recommendation to include species, caliper and location on the landscape plan; Attachment A ZA Page 2

5 and, in relation to the additional proposed parking, allowing the seven (7) spaces along the arterial into the site and removing the six (6) spaces at the east boundary. STAFF COMMENTS: The Staff Review Summary is included as Attachment D. N:\Community Development\MEMO\2014 Cases\029 - ZSP - Thomas Easter No. 474 Addition\CC 1st reading Packet\Item 7B.docx Attachment A ZA Page 2

6 Lot 5R2 Lot 5R1 Lot 4 Attachment B ZA Page 1

7 Proposed site plan at P&Z There are no changes to the exterior of the existing building proposed. The additional thirteen (13) parking spaces shown will be constructed at a future date if it becomes necessary to support the retail center. Attachment C ZA Page 1

8 Proposed Site Plan Revised for City Council There are no changes to the exterior of the existing building proposed. The additional seven (7) parking spaces shown (six net additional spaces) will be constructed at a future date if it becomes necessary to support the retail center. Attachment C ZA Page 1

9 Project Narrative PROJECT SCOPE NARRATIVE for Lot 5R2, THOMAS EASTER NO. 474 ADDITION Casual Living is making a request to modify the existing zoning for Lot 5R2, Thomas Easter No. 474 Addition, in order to full utilize the existing development on this lot. The site consists of a acre tract with a 12,223 square foot building and 81 parking spaces. The site is currently has a "S-P-2" zoning which defaults to the City's "C-2 Retail Commercial District". This limits the retail sales floor are to 10,000 square feet or less. Since the building exceeds this square footage, Casual Living is requesting additional uses from the "C-3 Retail Commercial District" in order to fully utilize the existing building. They have reviewed the C-3 allowable uses and have added those which would seem appropriate for this particular site. The exact uses are listed in the request. Additionally, they are requesting approval for the outdoor display of patio furniture on the existing patio as depicted on the site plan which accompanies this request. Additionally, the existing development does not comply with all of the existing "C-2" zoning requirements. Casual Living is requesting several variances which address these issues and will permit the site's "S-P-2" to be in full compliance with the City's zoning regulations. These include a site specific parking ratio, elimination of the loading space requirement, a change in the impervious cover requirement, a reduction of the stacking requirement and a reduction in the driveway spacing requirement to match the existing site conditions. Attachment C ZA Page 2

10 Proposed S-P-2 Zoning Regulations for Lot 5R2 Revised S-P-2 Detailed Site Plan District for Lot 5R2 THOMAS EASTER NO. 474 ADDITION This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the C-2 Retail Commercial District uses and regulations with the following exceptions: Permitted Uses The permitted uses allowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site along with the following additional uses: 1. Commercial art galleries. 2. Department stores Dry goods and notion stores without size limitation. 4. Hardware, paint, wallpaper stores and other home improvement items and activities Household and office furniture, furnishings and appliances. 6. Music or record shops. 7. Piano stores, musical instruments and supplies. 8. Toy stores. 9. Upholstery shops - furniture Variety stores without size limitation. Additionally, outdoor display of patio furniture will be allowed in the location designated on the Site Plan which accompanies this request. Development Regulations: The development regulations allowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Parking Ratio: As stated in Section 35.6(8)(a), Number of Off-Street Parking Spaces Required, are based on the specific use of each portion of the building. Requested Variance parking spaces required is to be based solely on the ratio of 1 parking space for every 151 square feet of building area. Attachment C ZA Page 3

11 2. Required Loading Space: As stated in Section 36 Off-street Loading Spaces there is a requirement for one 10- foot by 50-foot loading space. Requested Variance: Eliminate the requirement for a loading space as it is not needed for this property. 3. Impervious Cover: As stated in Section 21.5 k. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy (70%) percent of the total lot area. Requested Variance: Modify this section to read "The maximum impervious coverage shall not exceed seventy-four (72.2%) percent of the total lot area. Variance to Driveway Ordinance 634: 1. Stacking Distance for Driveway on Southlake Boulevard: As stated in Driveway Ordinance 634: As shown on Table 2 in Section 5.2(d) of the Driveway Ordinance 634, there is a required 75-foot stacking depth for the total number of parking spaces. Additionally the Ordinance requires 250 feet spacing between driveways. Requested Variance: Reduce the required 75-foot stacking to 56-foot and reduce the driveway space from 250 feet to 245 feet as it is currently existing and as shown on the proposed site plan. Attachment C ZA Page 4

12 REVISED SITE PLAN REVIEW SUMMARY : ZA Review No.: Four Date of Review: 08/27/14 Project Name: Zoning Change and Site Plan Lot 5R1, Block 1, Thomas Easter No. 474 Addition APPLICANT: Robert Schneeberg Gonzalez & Schneeberg, Engineers & Surveyors, Inc. OWNER: Keith Kennington Albion Iron, L.L.C. 660 N. Central Expressway, Ste Courtland Drive Plano, TX Plano, TX Phone: Phone: Robert.schneeberg@gs-engineers.com kkcasualliving@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/14 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 LORRIE FLETCHER AT (817) / lfletcher@ci.southlake.tx.us or DENNIS KILLOUGH AT (817) / dkillough@ci.southlake.tx.us. Planning Department Review Lorrie Fletcher, Planner I, lfletcher@ci.southlake.tx.us Since the seven (7) proposed additional parking spaces (six net additional spaces) may not be built, the parking ratio written as an S-P-2 regulation states a ratio of 1:151 square feet parking required/81 spaces; the additional spaces, if built will bring the ratio to 1:140 square feet/87 spaces, regardless of use. 2. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The existing driveway does not meet the minimum stacking depth of 75 feet. The stacking depth is measured in a straight line from the right of way to the first turning movement, not following the curve radius. Remove the dimension around the curve to the parking spaces and dimension and label the stacking depth in a straight line from the right of way to the first turning movement. The calculated stacking depth according to your submitted plan shows approximately 56 feet. A variance has been requested. b. The existing driveway does not meet the minimum spacing to the existing driveway to the east. A minimum spacing of 250 feet is required and 245 feet of spacing is currently shown as provided. A variance has been requested. Landscape Review Keith Martin, Landscape Administrator, kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * An existing 24 Pine tree is proposed to be removed for the construction of the parking spaces on the southeast side of the access drive. The two (2) parking spaces and the northeast corner of the east access drive are proposed to be within the critical root zone area of the existing 36 Cedar Elm tree. The 36 Cedar Elm looks full but is not in good health, has lots of mistletoe and may be structurally hazardous. Attachment D ZA Page 1

13 LANDSCAPE COMMENTS: 1. This property is currently in violation of the Plant Material Replacement regulations of the Landscape Ordinance. The applicant is proposing to provide landscaping to replace required landscaping that has died during the drought and been removed. Any existing required plant material which shows dead branching over 75% or more of the normal branching pattern shall be required to be replaced. 2. The submitted Landscape Plan is very confusing. It does not show the proposed parking improvements and does not indicate if the proposed landscaping will bring the site into compliance with the Landscape Ordinance regulations. 3. The building area used to calculate the required interior landscape area and plant material does not match the building area shown on the building. 4. Parking currently exists and is being provided between the front building set back line and right-of-way. When parking is provided between the right-of-way and the building set back line, a solid evergreen hedgerow of plants obtaining a mature height greater than three feet (3 ) shall be planted. When planted, this hedge shall be a minimum of two feet (2 ) in height and planted no further than thirty inches (30 ) on center. There was an evergreen hedgerow of plant material in front of the west parking but most of it died and was removed. 5. Please use the appropriate Interior Landscape and Bufferyards Summary Charts as attached below. * Indicates informational comment. # Indicates required items comment. SUMMARY CHART BUFFERYARDS Location/Length of Base Line Required / Provided Length Bufferyard Width/Type Canopy Trees Accent Trees Shrubs Fence/Screening Height & Material North - Required Provided East - Required Provided South - Required Provided West - Required Provided Note any Credits used in calculations: a. Other Comments: 1. Attachment D ZA Page 2

14 Landscape Area SUMMARY CHART INTERIOR LANDSCAPE % of Area in Front or Side Required: 75% Provided: Note any credits used in calculations: a. Other Comments: 1. Canopy Trees Accent Trees Shrubs Ground Cover (Sq.Ft.) Seasonal Color Fire Department Review Kelly Clements, Deputy Fire Marshal, kclements@ci.southlake.tx.us FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a hose-lay basis for sprinkled buildings. 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) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2012 I.F.C. Sec ) ==========================Informational Comments============================== * Staff strongly recommends contacting Pilar Schank in the City Manager s Office to determine if a SPIN meeting would be beneficial to your application. SPIN meetings should be held prior to moving forward to the Planning and Zoning Commission. Pilar can be contacted by phone at (817) or by at pschank@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. Attachment D ZA Page 3

15 * 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 Attachment D ZA Page 4

16 Surrounding Property Owners Lots 5R1, 5R2 and 4, Thomas Easter No. 474 Addition Owner Property Address Zoning Acreage Response 1. Orion Sky Properties Llc 2707 E Southlake Blvd SP F 2. Orion Sky Investments Llc 2821 E Southlake Blvd SP F 3. Stacey Real Estate Partner Ltd 2905 E Southlake Blvd SP NR 4. Kim, James C 2821 E Southlake Blvd SP NR 5. Shurgard/Freemont Partners E Southlake Blvd SP NR Sport Llc 280 Commerce St SP NR 7. Harbor Town Partners Lp 415 S Nolen Dr SP NR 8. Bbj & E Ltd 2860 Market Loop I NR 9. Ram Interests Lp 2870 Market Loop I NR 10. Caldwell, K & T De Mont 2890 Market Loop I NR 11. Akp Management Llc 2850 Market Loop I NR 12. Taylor, Henry A & Carole F 2865 Market Loop I NR 13. Wyndham Properties Ltd 2750 E Southlake Blvd SP NR 14. Wyndham Properties Ltd 2800 E Southlake Blvd SP NR 15. Wyndham Properties Ltd 3001 E State Hwy 114 SP NR 16. Paragon Property Holdings Lp 515 Nolen Dr SP NR 17. S-Si Southlake Three Lp 505 S Nolen Dr SP NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Responses Received: One (1) in favor Attachment E ZA Page 1

17 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO a 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 LOTS 4, 5R1 AND 5R2, T. EASTER NO. 474 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 7.22 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM S-P-2 GENERALIZED DISTRICT TO S-P-2 GENERALIZED DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT B, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as S-P-2 Generalized Site Plan 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 Attachment F ZA Page 1

18 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 overcrowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, Attachment F ZA Page 2

19 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 Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition, Southlake, Tarrant County, Texas, being approximately 7.22 acres, and more fully and completely described in Exhibit A from S-P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District with all of the uses and regulations approved with Ordinance No to include the additional uses and regulations for Lot 5R2 as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following conditions: 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. Attachment F ZA Page 3

20 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 Attachment F ZA Page 4

21 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 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 1 st reading the day of, MAYOR ATTEST: CITY SECRETARY Attachment F ZA Page 5

22 PASSED AND APPROVED on the 2 nd reading the day of, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment F ZA Page 6

23 EXHIBIT A Being described as Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition, Southlake, Tarrant County, Texas, being approximately 7.22 acres. Attachment F ZA Page 7

24 Reserved for approved site plan and zoning regulation document Attachment F ZA Page 7