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Item 7ACase No. ZA18-006 S T A F F R E P O R T November 23, 2020 CASE NO: ZA18-006 PROJECT: Zoning Change and Concept/Site Plan for Creekside Point (formerly Southwest Meadows) EXECUTIVE SUMMARY: On behalf of Wilks Southlake Development, LLC, Brown Company Partners, LLC is requesting 1st Reading approval of a Zoning Change and Concept/Site Plan for Creekside Point (formerly known as Southwest Meadows) on property described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1901 W. Kirkwood Blvd., Southlake, Texas. Current Zoning: “NR-PUD” Non-Residential Planned Unit Development District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #1. DETAILS: This project is located at the southeast corner of W. State Hwy. 114 and W Kirkwood Blvd. This development was last presented to City Council at 1st reading on June 19, 2018, at which time the item was tabled. After the case was subsequently tabled several additional times, the item was finally tabled indefinitely at the January 15, 2019 City Council meeting. The development now has a different developer. Since significant changes have been made to the plans, the developer requested that the item be remanded back to the Planning and Zoning Commission for consideration prior to moving forward to City Council. On October 6, 2020, City Council remanded the item back to the Planning and Zoning Commission to be heard at their October 22, 2020 meeting. The Planning and Zoning Commission tabled the item to the November 5, 2020 meeting at the applicant’s request. A motion to deny the item at that meeting carried (4-2). The original submittal for Southwest Meadows was a request for approval of a Zoning Change and Concept/Site Plan to "S-P-2" Generalized Site Plan District to develop a five-story, full service hotel with 134 rooms (Concept and Site Plan) and three outparcel lots with a total of approximately 15,000 square feet of retail, restaurant, office, bank and/or health and well-being uses (Concept Plan) on approximately 6 acres. The previous proposal also included a parking garage. The current request for Creekside Point is for 1st Reading approval of a Zoning Change and Concept/Site Plan to "S-P-2" Generalized Site Plan District to develop a six-story, full service hotel with 145 rooms (Concept and Site Plan) and one outparcel lot with approximately 9,000 square feet of restaurant uses (Concept Plan) on approximately 6 acres. The plans have been revised since the case was denied at the Planning and Zoning Commission meeting on November 5, 2020 to Department of Planning & Development Services Case No. ZA18-006 remove an outparcel lot that previously showed a 3,500 square foot building and the building on the remaining outparcel lot has been reduced from 11,000 square feet to 9,000 square feet. Also, the previous permitted uses listed for the outparcel lots included retail, restaurant, non-medical office, bank and health and well being businesses. The outparcel lot is now limited to a restaurant use with a bar as a permitted accessory use. The full-service hotel, which is proposed as Phase 1 of the development on approximately 2.86 acres, includes a restaurant and lounge, approximately 3,000 square feet of meeting space and an approximately 600 square foot fitness center. Future development of the outparcel lot will require approval of a Site Plan by City Council following a recommendation by the Planning and Zoning Commission. The applicant is proposing off-site parking for employees during peak demand times through a shared parking agreement with a nearby office building. The Site Data Summary chart below from the proposed Concept Plan includes the data for the hotel site in the Lot 1 column and also the data for the outparcel lot in the column for Lot 2. Case No. ZA18-006 VARIANCES REQUESTED: 1) Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum stacking depth of 100’. The applicant is proposing a stacking depth of approximately 30’ on the S.H. 114 driveway and approximately 49’ on the Kirkwood Blvd. driveway. 2) Driveway Ordinance No. 634, as amended, Section 5.4 requires a deceleration lane for any driveway located on an arterial street if the right turn ingress volume exceeds 50 vehicles in the design hour. If the street facility exceeds 40 MPH, a deceleration lane may be required if 40 turn ingress vehicles occur in the design hour. The applicant is requesting a variance to not construct a right turn lane into the property driveway on Kirkwood Blvd. 3) A variance Landscape Ordinance No. 544, as amended, is requested to allow the interior and parking lot landscaping as shown on the plans. On November 5, 2020, the Planning and Zoning Commission recommended denial of the item (4-2). The following issues and concerns were discussed at the meeting and at the October 22, 2020 meeting. P&Z Commission Issues/Concerns Applicant’s Response Consider reducing the density (one less floor on hotel, reduce number or area(s) of pad sites, reduce parking) to preserve more trees and topography and to create a pedestrian linked environment with more usable green space. An outparcel lot that showed a 3,500 sq. ft. building has been removed and the floor area of the restaurant on the remaining pad site has been reduced from 11,000 sq. ft. to 9,000 sq. ft. The hotel is unchanged. Buffer the view of parking from SH 114 with trees, landscaping, berms, naturally covered parking, etc. Additional trees were added to the Landscape Concept Plan prior to the November 5, 2020 meeting. The plans do not comply with the 2035 Comprehensive Land Use Plan Mixed Use recommendations for open space. The outparcel lot with the smaller building has been removed to increase the open space. Add articulation to right side of the front façade. No changes. Limit outparcel uses to sit-down restaurant only. The remaining outparcel lot is limited to restaurant uses with a bar as an accessory use. Consider screening or relocation of roof top units on the restaurant and first floor hotel uses that will be visible from hotel rooms above. The HVAC units will be located on the side of the building, if possible, and the vents and ductwork that are roof-mounted will be painted black or another color to minimize the impact. Remove parking spaces at both entrances to provide additional stacking. Parking spaces have been removed near the entrance from S.H. 114. Consider corner entry sign design. The applicant is willing to work with the City on the design. ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 11, dated November 10, 2020 (D) Surrounding Property Owners Map and Responses – Notice for Southwest Meadows sent March 23, 2018 Case No. ZA18-006 (E) Surrounding Property Owners Map and Responses – Notice for Creekside Point sent October 8, 2020 (F) Ordinance No. 480-740 Half Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Comprehensive Plan Analysis Link to “S-P-2” Regulations Link to Plans Link to Traffic Impact Analysis (TIA) Link to Parking Analysis Link to Letter for Shared Parking Agreement Link to SPIN meeting Report dated December 12, 2017 Link to SPIN meeting Report dated April 28, 2020 Link to 2035 Corridor Planning Committee Report dated October 4, 2017 Link to 2035 Corridor Planning Committee Report dated August 2, 2018 Link to 2035 Corridor Planning Committee Report dated January 29, 2020 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-006 Page 1 BACKGROUND INFORMATION OWNER: Wilks Southlake Development, LLC APPLICANT: Brown Company Partners, LLC PROPERTY SITUATION: 1901 W. Kirkwood Blvd., generally located at the southeast corner of W. State Hwy. 114 and W Kirkwood Blvd. LEGAL DESCRIPTION: Lot 1R1R2, Block 1, Sabre Group Campus Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “NR-PUD” Non-Residential Planned Unit Development District. PROPOSED ZONING: “S-P-2” Generalized Site Plan District. HISTORY: November 19, 1985 - The site was zoned "H"- Heavy Commercial with the annexation the property under Ordinance No. 319. August 4, 1987 - Approximately 342 acres, bounded by T.W. King Road, W. S.H. 114, W. Dove Road and N. White Chapel Blvd. was zoned from "H" Heavy Commercial to "PUD" Planned Unit Development allowing "R-1" and "R-2" Retail, "O-1" and "O-2" office and "CS" Community Service district development under case ZA87-015 (Ordinance 334-012). September 19, 1989 - The above described 342 acres was given "PUD" Planned Unit Development zoning allowing "C-3" General Commercial, "CS" Community Service development with the adoption of the Zoning Ordinance No. 480 and the official zoning map. October 17, 1995 - A Zoning Change and Concept Plan for NR-PUD allowing "C-3" General Commercial, "O-2" Office, "HC" Hotel and "CS" Community Service development under Case ZA95-074 (Ordinance 480- 180) was approved for an approximately 127 acre portion of the previously described 342 acres, west of the alignment of the approximate alignment of Kirkwood Boulevard; "R-PUD" Residential Planned Unit Development allowing detached single family residential development was approved under Case ZA95-073 (Ordinance 480-179) for approximately 199 acre portion of the previously described 342 acres, east of the approximate alignment of Kirkwood Boulevard. July 20, 1999 - A Zoning Change and Concept Plan for NR-PUD allowing a variety of non-residential uses and development to include "High-Tech" uses, "O-2 Office", "Parking Structures", "Hotel", "Restaurant" was approved for approximately 155 acre under Case ZA99-056 (Ordinance 480-313). The area included portions of the above described "NR-PUD" west of the alignment of Kirkwood Boulevard and a northern portion of the "R-PUD" area east of the alignment of Kirkwood Boulevard. October 19, 1999 - A Preliminary Plat for Lots 1-4, Block 1, Sabre Group Campus was approved under Case ZA99-080. Case No. Attachment A ZA18-006 Page 2 November 18, 1999 - A Final Plat for Lots 1-4, Block 1, Sabre Group Campus was approved under case ZA99-096. January 18, 2000 - A Development Plan for Sabre Group Campus was approved under Case ZA99-090. March 20, 2007 - A Plat Revision for Lots 1R1, 1R2, 2R, 4R1, 4R2 and 4R3, Block 1, Sabre Group Campus was approved under case ZA07-025. September 15, 2015 - A Plat Revision for Lots 1R1R1 and 1R1R2, Block 1, Sabre Group Campus was approved under case ZA15-085. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: A detailed Comprehensive Plan Analysis has been prepared for this development. See the Comprehensive Plan Analysis attached separately. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Access to the project will be provided by one access driveways onto W. Kirkwood Blvd., which is a four-lane divided arterial with 100’ of right of way. One access driveway is proposed onto a future SH 114 frontage road. The timing of the SH 114 frontage road construction is unknown at this time. Traffic Impact A Traffic Impact Analysis (TIA) and a Parking Analysis were prepared for this development. Please see the Traffic Impact Analysis (TIA), Parking Analysis and Letter for Shared Parking Agreement attached separately. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D because the request is for a Zoning Change and Site Plan. There is approximately 41.5% existing tree cover on the site, of which approximately 7.6% is proposed to be preserved. A standard zoning district requires that a minimum 50% of existing tree cover be preserved. The applicant is proposing that the tree removal be allowed as shown on the plan. 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. 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 Case No. Attachment A ZA18-006 Page 3 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 Ordinance. CITIZEN INPUT: The following meetings were held to discuss the development: SPIN meeting this project were held on December 12, 2017 and April 28, 2020. Please see the meeting reports attached separately. 2035 Corridor Planning Committee meetings were held on October 4, 2017, August 2, 2018 and January 29, 2020. Please see the meeting reports attached separately. PLANNING AND ZONING COMMISSION ACTION: April 5, 2018; Approved (7-0) to table until the next scheduled Planning and Zoning Commission meeting (April 19, 2018). April 19, 2018; Approved (5-0) to table to the May 17, 2018 meeting. May 17, 2018; Approved (6-0) to table to the June 7, 2018 meeting. June 7, 2018; Approved (5-1) subject to the staff report dated June 7, 2018 to develop a five-story full-service hotel with 134 rooms and three outparcel lots with a total of approximately 15,000 square feet on approximately 6.004 acres and approving the variance requests: 1) Proposing a stacking depth of approximately 75’ on the S.H. 114 driveway and approximately 47’ on the two Kirkwood Blvd. driveways, 2) Proposing a centerline spacing of approximately 231’ between the two proposed driveways on Kirkwood Blvd., 3) Requesting to not construct deceleration lanes on the two Kirkwood Blvd. driveways. Vice-Chairman Kubiak voted against approval of the item based on the following issues: 1) The three restaurants are too much and the development is too dense. Consider losing one of the restaurants. 2) The hotel and the restaurants need to be tied together on the site better. 3) The revised elevations are a step in the right direction, but not enough. Case No. Attachment A ZA18-006 Page 4 4) The Land Use Plan calls for a full service hotel. The hotel presented does not appear to meet the criteria for a full service hotel and it is not consistent with the City’s desire for the site. Provide a direct comparison with the Cambria hotel and other full service hotels. October 22, 2020; Approved (5-0) to table to the November 5, 2020 meeting. November 5, 2020; The following motion to approve failed (2-4) with Kubiak, Forman, Dyche, and Springer voting to deny. Approve the item subject to the staff report dated October 30, 2020, further subject to the Concept/Site Plan Review Summary No. 10, dated October 16, 2020, specifically approving the three variances requested and noting the applicant’s willingness and agreement that the outparcels will only allow for sit-down restaurants, noting the applicant’s willingness to clean up the renderings, provide more accurate renderings with respect to colors, details, some of the features and additional views, noting the applicant’s willingness to evaluate and maybe identify dumpster locations for the two outparcels and also noting the applicant’s willingness to evaluate parking spots, especially near access points. November 5, 2020; Motion to deny carried (4-2) (Kubiak, Forman, Dyche, Springer voted in favor of denial). Kubiak – Too much on the site, does not comply with 2035 Comprehensive Plan Mixed Use recommendations for open space, remove parking near entrances, add berms or more landscaping to buffer the site from S.H. 114. Forman – It seems unfinished and doesn’t seem right. Acknowledged developer’s reputation in Southlake. Dyche – wants outparcel uses limited to sit-down restaurant only. Springer – looking down on rooftop units CITY COUNCIL ACTION: June 19, 2018; A motion to table the item at 1st Reading was approved (6- 0), noting Council is remanding this item back to the Corridor Planning Committee for consideration; also noting this item is tabled to the September 4, 2018 City Council meeting. September 4, 2018; Tabled at 1st Reading on consent to the October 2, 2018 meeting. October 2, 2018; Tabled at 1st Reading on consent to the November 6, 2018 meeting. November 6, 2018; Tabled at 1st Reading on consent to the January 15, 2019 meeting. January 15, 2019; Tabled indefinitely. October 6, 2020; The item was remanded back to the Planning and Zoning Commission meeting to be considered at their October 22, 2020 meeting. November 6, 2018; Tabled at 1st Reading on consent to the January 15, 2019 meeting. Case No. Attachment A ZA18-006 Page 5 November 17, 2020; Tabled at 1st Reading to the December 1, 2020 meeting. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 11, dated November 10, 2020. The criteria for granting variances to Driveway Ordinance No. 634 and Landscape Ordinance No. 544, as amended, are below: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create and unnecessary hardship or practical difficulty on the applicant, that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Case No. Attachment B ZA18-006 Page 1 Case No. Attachment C ZA18-006 Page 1 CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA18-006 Review No.: Eleven Date of Review: 11/10/20 Project Name: Zoning Change and Concept/Site Plan – Creekside Point APPLICANT: David Karr Owner: Julieta Wilks Brown Company Partners Wilks Southlake Development LLC P.O. Box 1530 10235 I-20 W Midlothian, TX 75065 Eastland, TX 76448 Phone: (972) 533-8702 Phone: (817) 821-0221 E-mail: david@browndfw.com E-mail: juwilks@wilksdevelopment.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/21/20 and 11/09/20 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 RICHARD SCHELL AT (817) 748-8602. 1. The applicant is seeking Zoning Change and Site Plan approval for the hotel lot and Zoning Change and Concept Plan approval of the uses on proposed Lot 2. The case is being processed as a “S-P-2” Generalized Site Plan District Zoning Change and Concept/Site Plan. Future Site Plan approval for the restaurant on Lot 2 (subject to compliance with the underlying “S-P-2” Zoning and Concept/Site Plan) will require City Council approval of a Site Plan (or plans) following a recommendation by the Planning and Zoning Commission prior to issuance of any building permits for those lots. Any future submittal(s) for Lot 2 that do not comply with the underlying “S-P- 2” Zoning and Concept/Site Plan will require approval of a Zoning Change and Concept/Site Plan in addition to a Site Plan by City Council following a recommendation by the Planning and Zoning Commission. The “S-P-2” zoning is a site-specific zoning district. Any changes to the plans, regulations, design guidelines or any deviations from example renderings or materials approved with the zoning will require approval of a Zoning Change and Concept/Site Plan by City Council following a recommendation by the Planning and Zoning Commission. 2. A Plat Revision that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the conveyance of any lots or the issuance of any building permits. Provide a copy of an executed cross access, reciprocal parking and property maintenance agreement – required prior to the issuance of any building permits. 3. Lot 3 has been removed from the Concept Plan and Landscape Plans since the item was denied at the Planning and Zoning Commission meeting on November 5, 2020 and the proposed building on Lot 2 has been reduced in area from 11,000 square feet to 9’000 square feet. Please revise the other plans as necessary to reflect these changes 4. Please make the following changes to the “S-P-2” letter: a. In the permitted uses, change “Lots 2 and 3” to “Lot 2”. b. Please revise the letter to be consistent in all places regarding permitted uses on Lot 2. The permitted uses section at the beginning limits the use to restaurant with a bar as an accessory use. Under the Lot 2 section, the permitted uses are listed as restaurant, retail. c. The parapet wall extending at the top of the front elevation does not meet the vertical articulation requirement. To meet the requirement, the parapet wall must be carried back away from the front façade to the point that it is not visible from the S.H. 114 main lanes or frontage road. The horizontal articulation shown on the elevations does not match the Case No. Attachment C ZA18-006 Page 2 articulation shown on the site plan (courtyard not shown). Please revise the elevations and/or site plan so that they match. Please add back the regulation requesting articulation as shown on the plans if the elevations will not comply with the vertical and horizontal articulation requirements. Revise the perspective rendering to match the vertical and horizontal articulation shown on the site plan and elevations. 5. Please make the following changes to the Site Data Summary Chart on the Concept Plan (CP): a. Change the total lots from 3 to 2. b. The maximum height permitted in the “C-2” District is 35’. Please change the maximum allowed building height for Lot 2 from 90’ to 35’. 6. The following comments pertain to the elevations and renderings: a. The parapet wall extending at the top of the front elevation does not meet the vertical articulation requirement as shown. To meet the requirement, the parapet wall must be carried back away from the front façade to the point that it is not visible from the S.H. 114 main lanes or frontage road. The horizontal articulation shown on the elevations does not match the articulation shown on the site plan (courtyard not shown). Please revise the elevations and/or site plan so that they match. Please add back the regulation requesting articulation as shown on the plans if the elevations will not comply with the vertical and horizontal articulation requirements. Revise the perspective rendering to match the vertical and horizontal articulation shown on the site plan and elevations. * Per Zoning Ordinance No. 480, as amended, Section 43.9.c.1.d, no horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall’s height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. No building facade shall extend greater than three (3) times the wall’s height without having a minimum off-set of 15% of the wall’s height, and such off-set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. The minimum offset is 15% of the predominant wall height (71’ 8”), or approximately 10.75’). * The stucco proposed must be applied using the 3-step process as stated in Zoning Ordinance No. 480, as amended, Section 43.9.c.1.a. A note has been added to the elevations stating that the stucco will meet the masonry requirements in the Corridor Overlay District and the Masonry Ordinance. * No PTAC or VTAC vents are shown on the elevations. The applicant has noted in the S-P- 2 regulations that the HVAC will use rooftop units. * Staff recommends providing a material sample board of each material shown on the elevations. Also provide samples or exhibits of retaining wall materials. * No more than 50% of any façade may be reflective glass, which is defined as glass having a reflectance of greater than 10%. 7. * Driveway Ord. No. 634 requires a right turn deceleration lane if right turn ingress volumes exceed 50 vehicles in the design hour. The DeShazo TIA shows 71 right turn ingress vehicles in the a.m. peak hour and 78 right turn ingress vehicles in the p.m. peak hour. The DeShazo TIA proposes that the existing rightmost eastbound travel lane be designated as a right turn only in lieu of providing a deceleration lane. A variance has been requested. * Ensure that all electrical transformers and mechanical equipment are sufficiently screened for visibility from the right-of-way. Case No. Attachment C ZA18-006 Page 3 * An 8’ multi-use trail is required along SH114 and a 5’ sidewalk is required along Kirkwood. The required trail and sidewalk are shown on the plans. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * Five (5) of the existing trees shown to be preserved are not located on the property proposed to be developed. Trees 304, 305, 306, 562, 566. * The applicant is proposing that the tree removal be as shown on the plan. If the development were proposed as straight zoning it would not comply with the Existing Tree Cover Regulations of the Tree Preservation Ordinance. There is approximately 41.5% of existing tree cover on the site and a minimum of 50% of the tree cover would be required to be preserved. 7.6% of the existing tree cover is proposed to be 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 the entire site Minimum percentage of the 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 Commis sion 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 Case No. Attachment C ZA18-006 Page 4 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 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 AND BUFFERYARDS COMMENTS: 1. The north and east bufferyards on the Landscape Plan L1.1, and Landscape Concept Plan LCP.1 are incorrectly labeled 10’ – J. Please ensure that the labeling of the correct required bufferyards is consistent on all plans. * The applicant is proposing that the Lot 1 east bufferyard and the Lot 3 south buffeyard vary in width and are as shown on the plans. * The applicant is proposing that parking be allowed within the bufferyards along the western edge of Lot 2 and Lot 3, and the eastern edge of Lot 1. USE OF BUFFERYARDS – A bufferyard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. * The applicant is requesting a variance to the Landscape Ordinance 544-B to allow for the interior and parking lot landscaping to be shown as on the plan. Some of the proposed parking lot islands are less than 12’ width and do not contain the full amount of required plant material. Parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to- edge if no curb is intended, and shall be equal to the length of the parking stall. All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands Case No. Attachment C ZA18-006 Page 5 which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. DRAINAGE COMMENTS: 1. If detention is not being proposed for the increase in runoff, then documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. Memorandum shall be signed and sealed by a registered PE. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to 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 details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * 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 these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. *=Denotes informational comments that will need to be addressed on the first submittal of the Civil Construction Plans. Fire Department Review Case No. Attachment C ZA18-006 Page 6 Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Transportation Manager Review Stephanie Taylor, P.E., PTOE Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us No comments. Case No. Attachment C ZA18-006 Page 7 General Informational Comments * SPIN meetings for project were held on December 12, 2017 and April 28, 2020. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * A permit from TxDOT must be obtained prior to any curb cut on S.H. 114. * 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. * It appears that a portion of this property lies within the 65 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 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. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA18-006 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 1st NOTICE SENT MARCH 23, 2018 Owner Zoning Physical Address Acreage Response 1. U S A AG 3295 N WHITE CHAPEL BLVD 5.47 NR 2. NGUYEN, HIEU VAN RPUD 557 ROUND HOLLOW LN 0.88 NR 3. CANTELE, JOHN W RPUD 565 ROUND HOLLOW LN 0.60 NR 4. XU, LIYU RPUD 560 ROUND HOLLOW LN 0.69 NR 5. MILHIZER, ERIC RPUD 569 ROUND HOLLOW LN 0.49 NR 6. ROTHENBACH, THOMAS A RPUD 570 ROUND HOLLOW LN 0.67 NR 7. DUCANES, A CHRISTOPHER RPUD 573 ROUND HOLLOW LN 0.51 NR 8. FRAGA, MARK RPUD 526 ROUND HOLLOW LN 0.62 NR 9. ALTIMONT, DAVID RPUD 520 ROUND HOLLOW LN 0.56 NR 10. ZEALLOS, JUAN RPUD 516 ROUND HOLLOW LN 0.73 NR 11. CURTISS, THOMAS L RPUD 509 ROUND HOLLOW LN 0.61 NR 12. DICKSTEIN, MICHAEL RPUD 505 ROUND HOLLOW LN 0.57 NR 13. SALESKI, MARK RPUD 2816 TYLER ST 0.56 NR 14. FISCHER, DIRK T RPUD 2815 TYLER ST 0.68 NR 15. KIRKWOOD HOLLOW HO ASSOC RPUD 2819 TYLER ST 1.17 NR 16. PARKER, THANE D RPUD 2813 TYLER ST 0.65 NR 17. SABRE HEADQUARTERS LLC NRPUD 3150 SABRE DR 25.45 NR Case No. Attachment D ZA18-006 Page 2 18. KIRKWOOD HOLLOW HO ASSOC RPUD 2818 TYLER ST 0.10 NR 19. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1001 W KIRKWOOD BLVD 11.26 NR 20. DALLAS MTA LP NRPUD 747 W STATE HWY 114 19.99 NR 21. DALLAS MTA LP NRPUD 747 W STATE HWY 114 0.24 NR 22. WILKS SOUTH LAKE DEVELOPMENT NRPUD 3410 T W KING RD 0.41 NR 23. THOMPSON, KENNETH L RPUD 3521 MATADOR RANCH RD 0.48 NR 24. BENNETT, MICHAEL RPUD 3517 MATADOR RANCH RD 0.47 NR 25. BRAZOS ELECTRIC POWER CORP NRPUD 3411 T W KING RD 3.71 NR 26. U S A AG 3050 N WHITE CHAPEL BLVD 94.78 NR 27. HALL, PATRICK S RPUD 617 RANCHO LAREDO TRL 0.46 NR 28. JONI L WOMACK LIVING TRUST RPUD 613 RANCHO LAREDO TRL 0.44 NR 29. ONCOR ELECTRIC DELIVERY CO LLC NRPUD 3401 T W KING RD 2.23 NR 30. MCCRAY, KENNETH RPUD 3520 MATADOR RANCH RD 0.46 O 31. PAULSEN, DEREK J RPUD 3500 SUNRISE RANCH RD 0.48 NR 32. U S A AG 3600 N WHITE CHAPEL BLVD 19.84 NR 33. SOUTHLAKE, CITY OF RPUD 3728 N WHITE CHAPEL BLVD 10.39 NR 34. TRINITY RIVER AUTHORITY OF TX SP1 3200 N WHITE CHAPEL BLVD 0.27 NR 35. SOUTHLAKE, CITY OF RPUD 3000 N WHITE CHAPEL BLVD 5.10 NR 36. BROWN, MICHAEL RPUD 561 ROUND HOLLOW LN 0.94 NR 37. ALLAM, SRIDHAR RPUD 577 ROUND HOLLOW LN 0.61 NR 38. DELEMOS, JAMES A RPUD 581 ROUND HOLLOW LN 0.87 O 39. BAKSHI, UTPAL RPUD 524 ROUND HOLLOW LN 0.60 NR 40. ROOP, THOMAS RPUD 512 ROUND HOLLOW LN 0.70 NR 41. DANG, VI RPUD 508 ROUND HOLLOW LN 0.62 NR 42. BARDEN, VIC RPUD 3513 MATADOR RANCH RD 0.66 NR 43. BEN-MEIR, NAPHTALI RPUD 3505 MATADOR RANCH RD 0.47 NR 44. SHUTE, SCOTT RPUD 3509 MATADOR RANCH RD 0.48 NR 45. HENDERSON, JOSEPH WILLIAM RPUD 3501 MATADOR RANCH RD 0.47 NR 46. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1400 W KIRKWOOD BLVD 13.77 NR 47. DALLAS MTA LP NRPUD 747 W STATE HWY 114 4.38 NR 48. DALLAS MTA LP NRPUD 747 W SH 114 0.08 NR 49. SOUTHLAKE CITY NRPUD 1050 W KIRKWOOD BLVD 4.39 NR 50. SINNOTT, ROBERT A RPUD 504 ROUND HOLLOW LN 0.69 NR 51. BADYLAK, JOHN RPUD 500 ROUND HOLLOW LN 0.58 NR 52. TD AMERITRADE SERVICES COMPANY NRPUD 1051 W KIRKWOOD BLVD 78.39 NR 53. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1901 W KIRKWOOD BLVD 5.98 NR 54. U S A AG 3400 N WHITE CHAPEL BLVD 16.97 NR 55. WILKS SOUTH LAKE DEVELOPMENT NRPUD 3415 T W KING RD 4.29 NR 56. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1750 W KIRKWOOD BLVD 2.95 NR 57. SABRE HEADQUARTERS LLC NRPUD 1600 W KIRKWOOD BLVD 9.15 NR 58. REDUS TEXAS LAND LLC NRPUD 3400 E T W KING RD 2.31 NR 59. BRE SOLANA LLC NRPUD 1900 W KIRKWOOD BLVD 19.99 NR 60. MAGUIRE PTNRS-SOLANA LTD RPUD 812 W SH 114 0.05 NR 61. MAGUIRE PTNRS-SOLANA LTD RPUD 812 W STATE HWY 114 1.32 NR 62. TOLL DALLAS TX LLC RPUD 2509 AMELIA ISLAND PATH 0.48 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-seven (47) Case No. Attachment D ZA18-006 Page 3 Responses Received within 200’: Two (2) – Attached Case No. Attachment D ZA18-006 Page 4 Case No. Attachment D ZA18-006 Page 5 Case No. Attachment E ZA18-006 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 2nd NOTICE SENT OCTOBER 8, 2020 Owner Zoning Physical Address Acreage Response 1. U S A AG 3295 N WHITE CHAPEL BLVD 5.47 NR 2. NGUYEN, HIEU VAN RPUD 557 ROUND HOLLOW LN 0.88 NR 3. TORRES, MIRIAM RPUD 565 ROUND HOLLOW LN 0.60 NR 4. XU, LIYU RPUD 560 ROUND HOLLOW LN 0.68 NR 5. MILHIZER, ERIC RPUD 569 ROUND HOLLOW LN 0.49 NR 6. ROTHENBACH, THOMAS A RPUD 570 ROUND HOLLOW LN 0.67 NR 7. DUCANES, A CHRISTOPHER RPUD 573 ROUND HOLLOW LN 0.51 NR 8. FRAGA, MARK RPUD 526 ROUND HOLLOW LN 0.62 NR 9. ALTIMONT, DAVID RPUD 520 ROUND HOLLOW LN 0.56 NR 10. ZEALLOS, JUAN RPUD 516 ROUND HOLLOW LN 0.73 O 11. ROBERTSON, ROBERT RPUD 509 ROUND HOLLOW LN 0.61 NR 12. BARRETT, JOSEPH RPUD 505 ROUND HOLLOW LN 0.57 NR 13. SALESKI, MARK RPUD 2816 TYLER ST 0.56 O 14. POGUE, BILLINGSLEY GARNER RPUD 2815 TYLER ST 0.68 NR 15. KIRKWOOD HOLLOW HO ASSOC RPUD 2819 TYLER ST 1.17 NR 16. PARKER, THANE D RPUD 2813 TYLER ST 0.65 NR 17. SABRE HEADQUARTERS LLC NRPUD 3150 SABRE DR 25.45 NR 18. KIRKWOOD HOLLOW HO ASSOC RPUD 2818 TYLER ST 0.10 NR 19. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 1001 W KIRKWOOD BLVD 11.26 F 20. DALLAS MTA LP NRPUD 747 W STATE HWY 114 19.99 NR 21. DALLAS MTA LP NRPUD 747 W STATE HWY 114 0.24 NR Case No. Attachment E ZA18-006 Page 2 22. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 3410 T W KING RD 0.41 F 23. KOLLAR, GEORGE RPUD 3521 MATADOR RANCH RD 0.48 O 24. MITCHELL BUILDERS INC RPUD 3517 MATADOR RANCH RD 0.47 NR 25. BRAZOS ELECTRIC POWER CORP NRPUD 3411 T W KING RD 3.71 NR 26. HALL, PATRICK S RPUD 617 RANCHO LAREDO TRL 0.46 NR 27. WOODS, GLENN RPUD 613 RANCHO LAREDO TRL 0.44 NR 28. ONCOR ELECTRIC DELIVERY CO LLC NRPUD 3401 T W KING RD 2.23 NR 29. MCCRAY, KENNETH RPUD 3520 MATADOR RANCH RD 0.46 O 30. PAULSEN, DEREK J RPUD 3500 SUNRISE RANCH RD 0.48 NR 31. U S A AG 3600 N WHITE CHAPEL BLVD 19.84 NR 32. SOUTHLAKE, CITY OF RPUD 3728 N WHITE CHAPEL BLVD 10.39 NR 33. TRINITY RIVER AUTHORITY OF TX SP1 3200 N WHITE CHAPEL BLVD 0.27 NR 34. SOUTHLAKE, CITY OF RPUD 3000 N WHITE CHAPEL BLVD 5.10 NR 35. BROWN, MICHAEL RPUD 561 ROUND HOLLOW LN 0.94 NR 36. ALLAM, SRIDHAR RPUD 577 ROUND HOLLOW LN 0.61 NR 37. DELEMOS, JAMES A RPUD 581 ROUND HOLLOW LN 0.87 NR 38. BAKSHI FAMILY REVOCABLE LIVING RPUD 524 ROUND HOLLOW LN 0.60 NR 39. 512 LEGACY LIVING TRUST RPUD 512 ROUND HOLLOW LN 0.69 NR 40. DANG, VI RPUD 508 ROUND HOLLOW LN 0.62 NR 41. BARDEN, VIC RPUD 3513 MATADOR RANCH RD 0.66 NR 42. BEN-MEIR, NAPHTALI RPUD 3505 MATADOR RANCH RD 0.47 NR 43. SHUTE, SCOTT RPUD 3509 MATADOR RANCH RD 0.48 NR 44. HENDERSON, JOSEPH WILLIAM RPUD 3501 MATADOR RANCH RD 0.47 NR 45. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 1400 W KIRKWOOD BLVD 13.77 F 46. DALLAS MTA LP NRPUD 747 W STATE HWY 114 4.39 NR 47. DALLAS MTA LP NRPUD 747 W SH 114 0.08 NR 48. SOUTHLAKE CITY NRPUD 1050 W KIRKWOOD BLVD 4.39 NR 49. NAIR, RAJEEV RPUD 504 ROUND HOLLOW LN 0.69 NR 50. BADYLAK, JOHN RPUD 500 ROUND HOLLOW LN 0.58 NR 51. TD AMERITRADE SERVICES COMPANY NRPUD 1051 W KIRKWOOD BLVD 78.39 NR 52. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 1901 W KIRKWOOD BLVD 5.98 F 53. U S A AG 3400 N WHITE CHAPEL BLVD 16.97 NR 54. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 3415 T W KING RD 4.29 F 55. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 1750 W KIRKWOOD BLVD 2.95 F 56. SABRE HEADQUARTERS LLC NRPUD 1600 W KIRKWOOD BLVD 9.15 NR 57. WILKS SOUTH LAKE DEVELOPMENT L NRPUD 3400 E T W KING RD 2.31 F 58. VARIDESK LLC NRPUD 1900 W KIRKWOOD BLVD 19.99 NR 59. TOLL DALLAS TX LLC RPUD 2509 AMELIA ISLAND PATH 0.48 NR 60. U S A AG 3050 N WHITE CHAPEL BLVD 94.61 NR 61. MAGUIRE PTNRS-SOLANA LTD RPUD 910 JAMESTOWN LN 2.09 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-seven (47) Responses Received within 200’: Five (5) – Attached Case No. Attachment E ZA18-006 Page 3 Case No. Attachment E ZA18-006 Page 4 Case No. Attachment E ZA18-006 Page 5 Case No. Attachment E ZA18-006 Page 6 Case No. Attachment E ZA18-006 Page 7 Case No. Attachment F ZA18-006 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-740 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 1R1R2, BLOCK 1, SABRE GROUP CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 6.007 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “NR-PUD” NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S-P-2" GENERALIZED 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 “NR-PUD” Non- Residential Planned Unit Development District under the City’s Comprehensive Zoning Case No. Attachment F ZA18-006 Page 2 Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad 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 Case No. Attachment F ZA18-006 Page 3 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, th e citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas being approximately 6.007 acres, and more fully and completely described in Exhibit “A” from ““NR-PUD” Non- Residential Planned Unit Development District to "S-P-2" Generalized Site Plan Case No. Attachment F ZA18-006 Page 4 District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any 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 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. Case No. Attachment F ZA18-006 Page 5 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. Case No. Attachment F ZA18-006 Page 6 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 1st reading the _____ day of _____, 2020. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA18-006 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA18-006 Page 8 EXHIBIT “A” Being described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 6.007 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment F ZA18-006 Page 9 EXHIBIT “B” Reserved for approved Site Plan