Department of Planning & Development Services

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1 Department of Planning & Development Services STAFF REPORT March 26, 2014 CASE NO: PROJECT: EXECUTIVE SUMMARY: REQUEST: ZA Zoning Change and Site Plan for Feedstore BBQ William Lafavers, owner of Feedstore BBQ, is requesting approval of a zoning change and site plan for Feedstore BBQ to include a request for a variance to the Masonry Ordinance No. 557-A, as amended, on property being described as Tract 4D and a portion of Tract 1F, Hiram Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County, Texas, located at 530 and 580 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 10. Mr. Lafavers is requesting approval of a zoning change and site plan from S-P-1 Detailed Site Plan District to S-P-1 Detailed Site Plan District. The requested zoning change and site plan for the Feedstore BBQ is to accommodate an expansion of the existing building and parking lot and to include an outdoor covered patio dining area. The existing building is approximately 3,876 square feet in area. The proposed expansion is approximately 1,007 square feet for a total of 4,883 square feet or 26%. The existing parking is 44 spaces and the proposed parking is spaces. Due to the existing conditions, the following variances have been requested: ZA Masonry Ordinance No. 557-A, Section 1. Exterior Masonry Construction Requirements a. Buildings requiring masonry on all sides: All buildings constructed on property zoned O-1, O-2, C-1, C-2, C-3, C-4, B-1, B-2 or CS under the City s Comprehensive Zoning Ordinance and all buildings within any residential zoning district which are used for community facility uses shall have all exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers. o The current and proposed zoning for this property is S-P-1 Detailed Site Plan District with a base zoning of C-1 Neighborhood Commercial District uses. The existing building does not meet the masonry standard. The addition proposed to the building will match existing colors and material, which is 100% hardi board. Driveway Ordinance No. 634 Minimum Centerline Driveway Spacing along Roadway Arterial Commercial = a minimum of 250 feet. o The site has existing driveway conditions. There are two points of

2 ingress/egress which are approximately 180 feet centerline to centerline. Driveway Ordinance No. 634 Minimum Storage Length (stacking) a minimum of 50 feet is required. o The existing site and parking configuration does not provide any storage. On March 20, 2014, the Planning & Zoning Commission recommended approval of this item subject to the staff report and the site plan review summary. The Commission also granted approval of the requested variances. It was discussed during the meeting that the applicant consider eliminating some parking spaces on the south end of the building due to the location being so close to S. White Chapel Blvd. The applicant has revised their plans to reflect two (2) spaces being removed. ACTION NEEDED: Consider 1 st reading approval for zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) SPIN Report dated November 4, 2013 (E) Site Plan Review Summary No. 3, dated March 12, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No a STAFF CONTACT: Dennis Killough (817) Lorrie Fletcher (817) ZA13-137

3 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: HISTORY: William Lafavers Gerald Ward; Ward Architecture PLLC 530 & 580 S. White Chapel Boulevard Tract 4D and a portion of Tract 1F, Hiram Granberry Survey, Abstract No. 581, being approximately 1.42 acres. Low Density Residential S-P-1 Detailed Site Plan District S-P-1 Detailed Site Plan District According to the Tarrant Appraisal District records, this property has been operated for commercial purposes since The business was originally opened and operated as a grocery store and gasoline station by Earl W. Bailey. The property was annexed into the city by Ordinance No. 47, December 29, It is presumed, based upon available information, that the property was placed within the Agricultural (AG) zoning district with the adoption of the city s first zoning ordinance (Ord. 161, adopted January 7, 1969). The grocery store and gas station continued to operate as non-conforming uses as provided for in Section V of Ord.161. William and Reba Miller purchased the property in March of 1972 and continued to operate the grocery store and gasoline station. The property was sold to Dee Curry in August 1983 and began operating as Dee s Hitchin Post. Feed and tack sales were added to the existing grocery and gasoline sales. A change of zoning request from AG Agricultural to L Light Commercial was approved by the City Council as Ordinance No on April 3, 1984, under the provisions of the city s zoning ordinance 261 (Ord. 261 was adopted on March 3, 1981, superseding Ord. 161). It appears that the change of zoning request was made in order to add approximately 330 square feet to the south end of the building. The L district specifically permitted grocery stores, gasoline service stations, hardware stores and feed and seed stores (retail only). The property was bought by Roger and Charlotte Lemieux in March of 1986 and began operating as Southlake Feed and Tack. Concurrent with the name change of the business, it is believed that the primary use of the property became feed and tack retail sales. A certificate of occupancy was issued to the new owners on March 12, On September 19, 1986, Zoning Ord. 261 was superseded by Zoning Ord. Attachment A ZA Page 1

4 334. Although an official zoning map corresponding to the newly adopted ordinance and zoning districts cannot be found at this time, it is presumed that R1 Retail One zoning was placed upon the property with the adoption of the official zoning map given that this district closely corresponds with the former L Light Commercial zoning of the property. Under Ord. 334, feed and tack stores are not specifically listed in any district. However, the R1 district contains general merchandise uses that include hardware stores, department, discount and variety stores. On September 20, 1989, Zoning Ord. 334 was superseded by Zoning Ord. 480, which is the current Southlake zoning ordinance. With the adoption of Ord. 480 and the corresponding zoning district map, C-1 Local Retail Commercial zoning was placed upon the property. The feed and tack retail sales use became non-conforming under the C-1 zoning district. Section 6 of Ord. 480 allows for the continuance of such legally established nonconforming uses until such time as the use is discontinued. The subject property was sold to William Lafavers in September of The store continued to operate as Southlake Feed and Tack until October of A permit was issued in October of 2000 to allow repair and remodeling for a restaurant having approximately 1,900 square feet. A certificate of occupancy was issued in April of 2001 and the establishment was renamed Feedstore BBQ Restaurant. The conversion to a restaurant eliminated the non-conforming use status due to restaurants being a permitted use within the C-1 district (limited to 2,000 sq. ft. of floor area). In October, 2001, the pre-existing covered outdoor porch at the rear of the building was fully enclosed to provide additional climate controlled restaurant seating area. The completion of the enclosure amounted to the installation of Plexiglas windows between the pre-existing porch halfwall/railing and the roof. In April of 2002, a building permit for a BBQ smoker was issued and approved, and between June and August of 2003, permits for A/C units and a walk-in cooler were issued and approved. A specific use permit for sale of alcoholic beverages was approved by the City Council by Resolution No on May 20, 2003 with a ten (10) year time limit. As supporting information, a site exhibit showing the existing onsite improvements was submitted to satisfy the concept plan requirement of section 45.2, Ord (ZA03-019) May 4, 2004; City Council approved a zoning change (from C-1 Neighborhood Commercial District to S-P-1 Detailed Site Plan District) and site plan in order to bring the existing restaurant and its area under use into compliance with current zoning regulations. (ZA03-099) April 5, 2005; City Council approved a revised site plan allowing the addition of a 3.5 by 3.5 feet water heater enclosure at the southwest corner of the building; granting the requested variance to allow 100 percent cement board on the enclosure areas to match the existing building material and eliminating the proposed outside seating area. (ZA05-008) Attachment A ZA Page 2

5 TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan designates South White Chapel Boulevard as an 88 2-lane undivided Arterial. Existing Area Road Network and Conditions The subject property is currently unplatted. There are two existing access drives to the property to the north which are also owned by Mr. Lafavers. S. White Chapel Blvd (57) (between Continental & FM 1709) 24hr North Bound (4,724) South Bound (5,271) AM Peak AM (582) 7:30 8:30AM Peak AM (350) 7:30 8:30AM PM Peak PM (366) 6:00 7:00 PM Peak PM (604) 5:15 6:15PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT High-turnover sit-down restaurant (932) 4, * 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 PATHWAYS MASTER PLAN: WATER & SEWER: TREE PRESERVATION: The Pathways Master Plan and Sidewalk Plan indicate a future six (6) foot sidewalk along both the east and west sides of South White Chapel Blvd. The applicant has included a regulation in the S-P-1 zoning document stating that due to existing conditions, the sidewalk construction will not be provided. A 12-inch water line is currently in place along the east side of South White Chapel Blvd. serving the property. Sanitary sewer connection is currently in place with an existing 8-inch line at the northwest corner of the property. The majority of the landscaping will remain. One (1) existing tree will need to be relocated or replaced from the west elevation. SOUTHLAKE 2030 PLAN: The Land Use Designation in the Southlake 2030 Plan is Low Density Residential. The proposed zoning change and site plan is not changing the restaurant use that has existed since October The property has been operated for commercial purposes since Attachment A ZA Page 3

6 CITIZEN INPUT: PLANNING AND ZONING COMMISSION ACTION: STAFF COMMENTS: A SPIN meeting was held November 4, The SPIN summary is attached as Attachment D of this report. March 20, 2014; Approved (6-0) subject to Site Plan Review Summary No. 3, dated March 12, 2014 and the staff report dated March 14, Also, granting all requested variances as presented. Site Plan Review Summary No. 3, dated March 12, 2014 is attached. Attachment A ZA Page 4

7 Attachment B ZA Page 1

8 S-P-1 Detailed Site Plan District for Feed Store Barbeque 530 S. White Chapel Boulevard 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-1 Neighborhood Commercial District uses and regulations with the following exceptions: 1) The floor area of the restaurant operation shall not exceed 4,900 square feet. 2) Front Yard shall be no less than 10 feet from the right-of-way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance. 3) Bufferyards shall not be required. 4) No building articulation shall be required. 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non-residential use abuts a residentially zoned property or property having an occupied residential having a residential zoning designation) shall not apply. 6) A bituminous built-up roof over the outdoor dining patio area shall be allowed. 7) No sidewalk construction along the west side of South White Chapel Boulevard shall be required adjacent to the property. 8) Any existing non-conforming conditions not specifically addressed by the this S-P-1 zoning district shall be permitted to remain under the conditions prescribed in Ordinance No. 480, Section 6, as amended, Non-conforming Uses. Attachment C ZA Page 1

9 Project Narrative Attachment C ZA Page 2

10 SITE PLAN PRESENTED TO P&Z Attachment C ZA Page 3

11 REVISED SITE PLAN Two spaces removed Attachment C ZA Page 3

12 Elevations Attachment C ZA Page 4

13 Attachment D ZA Page 1

14 Attachment D ZA Page 2

15 Attachment D ZA Page 3

16 Attachment D ZA Page 4

17 SITE PLAN REVIEW SUMMARY : ZA Review No.: Three Date of Review: 03/12/14 Project Name: Zoning Change and Site Plan Feedstore BBQ APPLICANT: Ward Architecture PLLC Gerald Ward 609 Cheek Sparger Southlake, TX Colleyville, TX OWNER: William Lafavers 620 S. White Chapel Blvd. Phone: Phone: Gerald@wardarchitecture.net memanpapa@feedstorebbq.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/03/14 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 lfletcher@ci.southlake.tx.us (817) or DENNIS KILLOUGH AT dkillough@ci.southlake.tx.us (817) Planning Comments Lorrie Fletcher / lfletcher@ci.southlake.tx.us / All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. 2. The existing building is located within a Residential Overlay Zone. Specific residential adjacency standards are required. A variance to the Masonry Ordinance No. 557, as amended, has been requested. 3. Due to the appearance of a ± 20% increase to driveway trip generation, the regulations for driveway spacing and driveway stacking are applied. Driveway Ordinance No. 634 Minimum Centerline Driveway Spacing along Roadway Arterial Commercial = a minimum of 250 feet. Driveway Ordinance No. 634 Minimum Storage Length (stacking) a minimum of 50 feet is required. A variance to the Driveway Ordinance No. 634 has been requested regarding both spacing and stacking. Landscape Review Keith Martin / / kmartin@ci.southlake.tx.us 1. The proposed building addition does not exceed 30% or 5,000 square feet of the existing building square footage. The existing and proposed landscaping exceeds what would be required to be provided for the proposed building addition. Existing buildings: Buildings in existence on the effective date of the Landscape Ordinance shall be considered legally nonconforming as it pertains to the ordinance. New construction greater in size than 30% of the existing building or greater than 5,000 square feet shall require compliance with this ordinance as it applies to the entire square footage of the existing building and proposed addition. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements of the Landscape Ordinance only as it pertains to the square footage of the new construction. Attachment E ZA Page 1

18 Fire Marshal Review Kelly Clements / / kclements@ci.southlake.tx.us GENERAL COMMENTS: Restaurants classified as an A-2 occupancy will require an automatic sprinkler system with an occupant load in excess of 100. All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72, the 2009 International Fire Code, and the City of Southlake amendments. A complete set of plans for the underground fire protection line, fire sprinkler system, and fire alarm system shall be submitted to Reed Fire Protection for review and approval at Midway Road in Addison, Texas Business phone is A 5 inch Storz Connection shall be installed on the Fire Department Connection, whether the FDC is on the building or installed remotely, with a locking Knox cap attached to the FDC to prevent debris from entering the connection. 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, or located as near as possible to the FDC, on the building, if the FDC is installed remotely. All air handlers in excess of 2000 cubic feet per minute air movement shall have a duct smoke detector installed on the return side of the unit. Upon activation of the detector, it shall send an alarm signal to the fire alarm panel and also shut down the air handler unit. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5 X5 if the double check is not located on the riser, or a minimum of 6 X6 if it is on the riser. FIRE HYDRANT COMMENTS: A fire hydrant shall be within 100 feet of the Fire Department Connection, and the Fire Department Connection within 50 feet of fire lane access.(fire Department Connection location not indicated on plans) Public Works Review Alex Ayala / / aayala@ci.southlake.tx.us GENERAL COMMENTS: The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. A ROW permit shall be obtained from the Public Works Operations Department for connections with the City s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 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. Attachment E ZA Page 2

19 * Coordinate the location and installation of the fire hydrant with the Public Works Operations department by calling INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22 x 34 full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City s website. * A Developer s 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 these improvements must be acceptable to Public Works prior to placing the Developer s Agreement on the City Council agenda for consideration. * Payment, Performance and a separate 2-year Maintenance Bond for public infrastructure shall be required for this development. The 2-year Maintenance Bond shall be bound only unto the City of Southlake. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way as required per the Commercial Developer Agreement. * Any hazardous waste being discharged must be pretreated, Ordinance No =========================Informational Comments========================= * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view 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. * All development must comply with the Zoning Ordinance No. 480, Section 43, Residential Overlay Zone requirements. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * Denotes Informational Comment Attachment E ZA Page 3

20 SURROUNDING PROPERTY OWNERS Owner Zoning Address Acreage Response 1. Linkous, J Ronald Etux Regina AG 500 S White Chapel Blvd 1.90 O 2. Fv-1 Inc SF1-A 533 S White Chapel Blvd 3.93 NR 3. Anderson, Wilfred E Etux V SF1-A 555 S White Chapel Blvd 3.04 F 4. Lafavers, William E & Phyllis AG S White Chapel Blvd 5.39 NR 5. Lafavers, William E & Phyllis SP1 530 S White Chapel Blvd 0.18 NR 6. Kuelbs, John A Etux Tyler RE 591 & 611 S White Chapel Blvd 5.87 F 7. Lafavers, William E AG 620 S White Chapel Blvd 1.45 NR 8. Fambro, Kenneth W II SF20A 317 Edinburgh Ct 0.60 NR 9. Crump, Christopher & C Oconnor SF20A 325 Edinburgh Ct 0.48 NR 10. Koh, Andrew Y Etux Rachel I SF20A 321 Edinburgh Ct 0.63 NR 11. Lafavers, William E & Phyllis SF S White Chapel Blvd 0.73 NR 12. Lafavers, William E & Phyllis AG S White Chapel Blvd 4.97 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twelve (12) Responses Received: Two (2) see attached response forms Public Hearing Responses: One (1) within 200 feet; Five (5) outside 200 feet see attached list Other Responses: Two (2) outside 200 feet see attached correspondence Attachment F ZA Page 1

21 Attachment F ZA Page 2

22 Attachment F ZA Page 3

23 Cards received during the Planning & Zoning Commission public hearing One (1) within 200 feet of the subject property: Wilfred Anderson, 555 S. White Chapel Blvd. in support Five (5) outside 200 feet of the subject property: Belva Meline, 1341 Meadow Glen in support Scott & Monica Meeks, 308 Blanco Circle in support Jack Luna, 1402 Robin Lane in support Bob Seebeck, 480 W. Highland Street in support Doris Lafavers, 303 E. Highland Street in support Attachment F ZA Page 4

24 Attachment F ZA Page 5

25 Attachment F ZA Page 6

26 Attachment F ZA Page 7

27 Attachment F ZA Page 8

28 Attachment F ZA Page 9

29 Attachment F ZA Page 10

30 ZA 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 TRACT 4D AND A PORTION OF TRACT 1F, HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM S-P-1 DETAILED SITE PLAN DISTRICT TO S-P-1 DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT B, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as S-P-1 Detailed 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 City Council did consider the following factors in making a determination as to whether these changes should

31 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, ZA 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

32 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 Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, being approximately 1.42 acres, and more fully and completely described in Exhibit A from S-P-1 Detailed Site Plan District to S-P-1 Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following conditions: 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 ZA13-137

33 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. ZA 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

34 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 April, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of, MAYOR ATTEST: CITY SECRETARY ZA13-137

35 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ZA13-137

36 EXHIBIT A Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 iron found at the northwest corner of the herein described tract, said point being the most northerly northeast corner of Lot 5, H. Granberry No. 581 Addition, as shown on a plat recorded in Cabinet A, Slide 1976, Plat Records, Tarrant County, Texas, (PRTCT), said point also being in the south line of Lake Crest Addition to the City of Southlake as shown on a plat recorded in Cabinet A, Slide 1541, PRTCT; THENCE S E feet to the Point of Beginning; THENCE S E feet; THENCE N E feet; THENCE S W feet; THENCE S W feet; THENCE S W feet; THENCE S W feet; THENCE S W feet; THENCE S W feet; THENCE S W feet; THENCE N W feet to the Point of Beginning and containing acres, more or less. ZA13-137

37 EXHIBIT B Reserved for approved site plan and zoning documents ZA13-137