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Item 7ACase No. ZA18-0030 S T A F F R E P O R T October 30, 2018 CASE NO: ZA18-0030 PROJECT: Zoning Change and Site Plan for The ParQ EXECUTIVE SUMMARY: On behalf of Vikram Jangam, Mitchell Builders, Inc. is requesting approval of a Zoning Change and Site Plan for The ParQ on property described as Lot 1R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas, and located at 351 W. Southlake Blvd., Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #10. DETAILS: The property is located west of Tuscan Creek Medical Villas and east of Golden Triangle Animal Hospital. Bicentennial Park is across the street and Stratfort Parc is to the south. The zoning and site plan for this property was approved in June 2013 (ZA13-019) as the Capelli Offices & Suites which included a total of three buildings, Building 1 – a two story salon/office suite, and Buildings 2 and 3 - single story General/Medical offices. The applicant is proposing a zoning change and site plan to remove the limited C-1 Neighborhood Commercial District/salon uses and alter the approved elevations for Building 1 by removing and enclosing the covered balconies on the south side of the building only; following the Planning & Zoning Commission’s recommendations to improve the look of the building, particularly on the north side facing FM 1709. The building remains within the same general footprint but increases the overall floor area by approximately 3,044 square feet (11,876 to 14,920 sq. ft.). Building 1 is proposed to permit all “O-1” Office District uses. The elevations, uses and parking ratios for Buildings 2 and 3 shall remain as previously approved. Currently, Building 3, the internal driveways and all site parking have been constructed. There are no variances being requested with this application. ACTION NEEDED: Consider 1st Reading of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 5, dated October 29, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-638a Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative S-P-1 Regulations Department of Planning & Development Services Case No. ZA18-0030 Plans Comprehensive Plan Review STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA18-0030 Page 1 BACKGROUND INFORMATION OWNER: Vikram Jangam APPLICANT: Mitchell Builders Inc. PROPERTY SITUATION: 351 W. Southlake Blvd. LEGAL DESCRIPTION: Lot 1R, Block 1, Medical Villas at Tuscan Creek LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-1” – Detailed Site Plan District PROPOSED ZONING: “S-P-1” – Detailed Site Plan District HISTORY: -"O-1" Office District zoning was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. -A site plan was approved for Villas at Taylor’s Creek on October 16, 2007. (ZA07-056) -A preliminary plat was approved for Villas at Taylor’s Creek on October 16, 2007. (ZA07-057) -A final plat was approved on consent January 3, 2008 and reapproved on consent February 5, 2009. (ZA07-155) -A zoning change and concept plan request was withdrawn by the applicant in April 2009. (ZA08-067) -An amended plat for Medical Villas at Tuscan Creek described as Lots 1 and 2, Block 1 of Medical Villas at Tuscan Creek was administratively processed and involved a revision of a common lot line resulting in Lots 1R and 2R. (ZA13-007) - A Land Use Plan amendment from “Office Commercial” to “Mixed Use” was approved June 18, 2013 for Capelli Offices & Suites. (CP13-001) -A zoning change and site plan with associated land use plan amendment was approved June 18, 2013 for Capelli Offices & Suites. (ZA13-019) SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation is Mixed Use. Purpose: To provide an option for large-scale, master-planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. Definition: The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated Case No. Attachment A ZA18-0030 Page 2 development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. TREE PRESERVATION: There are no protected trees existing on the property. All of the existing trees were installed as required landscaping during the construction of Building 3. CITIZEN INPUT: A SPIN meeting was not held for this project. PLANNING & ZONING COMMISSION: Approved (5-0) subject to the Staff Report dated October 17, 2018 and the Revised Site Plan Review Summary No. 4, dated October 17, 2018 noting the following:  the applicant's willingness to make the entryway more prominent;  look into including 2 balconies on either end of the front facade;  more detailed rendering of the final product prior to City Council;  look into possibility for framing the windows (maybe shutters);  possibly taller windows or breaking up the spacing to give it a different look;  and, different scheme of mix of brick and stucco. STAFF COMMENTS: Attached is Site Plan Review Summary No. 5, dated October 29, 2018. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor and Residential Adjacency Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y S-P-1 Regulation proposed allowing max 73% Bufferyards Y no changes to previously approved Interior Landscape Y no changes to previously approved Tree Preservation Y no changes to previously approved Sidewalks Y Complies – sidewalks are existing Case No. Attachment B ZA18-0030 Page 1 Case No. Attachment C ZA18-0030 Page 1 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA18-0030 Review No.: Five Date of Review: 10/29/18 Project Name: Zoning Change and Site Plan – The Parq Southlake Office Building APPLICANT: Mitchell Builders Inc. OWNER: Terry Mitchell Vikram Jangam 1610 Pheasant Lane 2300 Dean Way, Ste 110 Southlake, TX Southlake, TX Phone: 817-366-3042 Phone: 917-250-5147 Email: terry@mitchellbuildersinc.com Email: vik@srivensys.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/25/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. Please make the following corrections to the Site Data Summary Chart on the Site Plan. a. Correct the Proposed Floor Area/Use to match the newly proposed number – 14,920 sf b. Correct the Existing Zoning to read S-P-1 c. Correct the Land Use Designation to read Mixed Use d. The impervious coverage area shown (59,093 s.f.) is the same as was shown on the previously approved site plan. Please correct the impervious coverage area and revise the calculation for impervious coverage that is in parentheses next to the percentage. The calculation shown equals 67.83%, which is from the previously approved site plan. 2. The applicant has discovered that the impervious coverage on the previously approved site plan appears to be incorrect. Please provide the increase in impervious coverage area from the previously approved site plan. 3. Please make the following corrections to the Summary Chart – Interior Landscape on the Site Plan and Landscape Plan. a. The required landscape area should read 7,523 sf b. The amount of shrubs required should read 189 4. The fire lane as currently striped encroaches into three parking spaces shown at the east end of the row along W. Southlake Blvd. The spaces are required to be a minimum of 9' x 18', so these spaces cannot be striped and counted as provided spaces. It appears as though the fire lane in this area is wider than the required 24', so if the fire lane is restriped, all but the easternmost space can be striped to 9' x 18. Please revise the label and dimension arrows for the 4 spaces Case No. Attachment C ZA18-0030 Page 2 from 4 SPA. @ 9' = 36' to 3 SPA. @ 9' = 27'. 5. Update the proposed building information on the landscape plan to match the site plan data. * Please be aware when submitting for a building permit, any variation from an approved site plan or approved elevations and renderings will require a zoning change. * All development must comply with the underlying zoning district regulations. * A future cross access connection is shown to the property to the west. The 115 parking spaces provided does not include the 3 existing spaces within the location of that connection. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * There are no protected trees existing on the property. All existing trees are required landscaping that was installed during the construction of Building 3. LANDSCAPE COMMENTS: * The proposed landscaping is consistent with the previously approved development landscape plan but the square footage for the largest floor for the proposed building has been increased. The increase in required interior landscape area and plant material only slightly affects the required ground cover and seasonal color, which is being provided for within the summary chart and proposed landscaping. The East Bufferyard is required to be a 5’ – A type bufferyard, but is shown to be a 10’ – B type bufferyard because it was never corrected on the previously approved development plans. Public Works/Engineering Review Kevin Ferrer, PE Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Cloud the “Call-outs” for all the proposed improvements on the Utility plan. Case No. Attachment C ZA18-0030 Page 3 3. Fire lane radii shall be 30’ minimum. Show and label all the fire lanes on the site plan. * It is recommended to adjust internal sidewalk ramps to project towards each other to accommodate visual impaired Pedestrians. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * It is recommended to coordinate with Landscape Architect to ensure landscape improvements do not cause sight restrictions internally within the site. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Clearly depict all existing easements on the Utility Plan with (Volume/Page), and any proposed easements. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. * Permanent drainage or utility easement abandonment requires a council action. WATER COMMENTS: 1. Clearly label all public and private lines. 2. Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non-sprinkled buildings or 600’ for sprinkled buildings. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1” inch meter must have a 1” tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: 1. Clearly label all public and private sanitary sewer lines. 2. Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. * Sanitary sewer in easements or right of way shall be constructed to City standards. Case No. Attachment C ZA18-0030 Page 4 * Dry sewer pipe system shall be installed for future use if not providing sewer per Ordinance No. 440 and 514. DRAINAGE COMMENTS: 1. Clearly label all private and public storm lines. 2. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 10 and 100- year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. 3. Specified proposed runoff coefficient will need equal to or be less than the runof f coefficient utilized with previous development that sized the site’s detention/channel. If a higher runoff coefficient is to be utilized, propose mitigation necessary to accommodate the additional runoff. 4. Utilized Intensity values shall equal to ISWIM’s technical manual’s intensity values. 5. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Property drains into a Critical Drainage Structure #20 and requires a fee to be paid prior to beginning construction ($214.29/Acre). * Discharge of post development runoff must have no adverse impact on downstream & upstream 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. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. Case No. Attachment C ZA18-0030 Page 5 * 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. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Deputy Fire Chief / Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant. (Riser room location shown, but location of FDC not indicated on plan) The required backflow protection (double check valve) for the fire sprinkler system can be located on the riser if the riser is within 100 feet of the water main, which is indicated on the plan, although plan also shows a vault utilized. FIRE HYDRANT COMMENTS: Hydrants are required at a maximum spacing of 300 feet for commercial locations that contain un-sprinkled buildings and a maximum spacing of 500 feet for commercial locations with completely sprinkled buildings. (Hydrants are spaced in excess of allowable distances since un-sprinkled buildings exist on the property) (Add a fire hydrant on the west side of the new structure to meet the requirements) Public Works/Transportation Review Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us TRAFFIC IMPACT ANALYSIS: It is assumed that either a TIA was previously approved for this site during the review process for an adjacent development or it was previously determined that the threshold for requiring a study was not met. Applicant is to specify the reason a traffic study is not required in a signed memo. Case No. Attachment C ZA18-0030 Page 6 SITE PLAN: 1. Provide dimensions of drive aisles. 2. If marking of the parking lot has not been completed, consider shortening the crosswalk near Building 3. This can be achieved by shifting the crosswalk and the ADA buffer space to the west. 3. Investigate feasibility of replacing a standard ADA space with one (1) van accessible space in the parking lot for Building 1. General 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 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. * 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. * The applicant should be aware that prior to issuance of a building permit the following may be required: 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. Case No. Attachment D ZA18-0030 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. BHKN VENTURES LLC C2 445 W SOUTHLAKE BLVD 1.02 NR 2. CLARDY-RUFFNER C2 425 W SOUTHLAKE BLVD 0.91 NR 3. THOMOPOULOS, STEPHANOS SF20A 132 LONDONBERRY TER 0.66 NR 4. GHIA, JAYESH SF20A 124 LONDONBERRY TER 0.51 NR 5. ATHERTON, JAY W SF20A 128 LONDONBERRY TER 0.46 O 6. O'DONNELL, PETER SF20A 120 LONDONBERRY TER 0.47 NR 7. GTE SOUTHWEST INC CS 400 W SOUTHLAKE BLVD 0.34 NR 8. WHITE HOUSE EXE CENTER LP SP1 410 W SOUTHLAKE BLVD 1.32 NR 9. SOUTHLAKE, CITY OF CS 300 W SOUTHLAKE BLVD 9.92 NR 10. 321 SOUTHLAKE BLVD REAL ESTATE O1 321 W SOUTHLAKE BLVD 0.11 NR 11. IMAN, ASHER S O1 321 W SOUTHLAKE BLVD 0.07 NR 12. PARKHILL & WRIGHT LLC O1 321 W SOUTHLAKE BLVD 0.07 NR 13. TY SHAFER DDS PA O1 311 W SOUTHLAKE BLVD 0.08 NR 14. MAHALO INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 2.58 NR 15. MAHALO INVESTMENTS LLC O1 311 W SOUTHLAKE BLVD 0.11 NR 16. ATCC INVESTMENTS LLC O1 311 W SOUTHLAKE BLVD 0.08 NR 17. 351 SOUTHLAKE SP1 351 W SOUTHLAKE BLVD 0.15 NR 18. VIOLA, NANCY SP1 351 W SOUTHLAKE BLVD 0.10 NR 19. WV PROPERTIES LLC SP1 351 W SOUTHLAKE BLVD 1.70 NR 20. MVT PROPERTIES LLC SP1 351 W SOUTHLAKE BLVD 0.08 NR 21. BONHARD VENTURES INC C2 435 W SOUTHLAKE BLVD 1.13 NR 22. LALLIE, HARMINDER SF20A 136 LONDONBERRY TER 0.47 NR 23. WOOLF, CHRISTOPHER SF20A 140 LONDONBERRY TER 0.59 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received: One (1) - Attached Case No. Attachment D ZA18-0030 Page 2 Case No. Attachment E ZA18-0030 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-638a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” GENERALIZED 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" Case No. Attachment E ZA18-0030 Page 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 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 gen erated 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 Case No. Attachment E ZA18-0030 Page 3 interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the propert y 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: Case No. Attachment E ZA18-0030 Page 4 Being described as Lot 1R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas, being approximately 2.0 acres, and more fully and completely described in exhibit “A” from “S-P-1” Generalized Site Plan District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. 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 respec t 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 Case No. Attachment E ZA18-0030 Page 5 complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether Case No. Attachment E ZA18-0030 Page 6 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 o f 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 wit hin 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 ______, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2018. ________________________________ Case No. Attachment E ZA18-0030 Page 7 MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0030 Page 8 EXHIBIT “A” Being described as Lot 1R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas. Reserved for legal description document Case No. Attachment E ZA18-0030 Page 9 EXHIBIT “B” Reserved for approved Plans