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Item 5C9 CASE NO: ZA20-0016 SOUTHLAKE PLANNING do DEVELOPMENT SERVICES STAFF REPORT April 28, 2020 PROJECT: Zoning Change and Concept/Site Plan for Lot 5, Kimball Park EXECUTIVE SUMMARY: Kimball Park JV, LLC is requesting approval of a Zoning Change and Concept/Site Plan for Kimball Park on property described as Lots 1-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot A1, Block A, Briarwood Estates, Phase 1) an addition to the City of Southlake, Tarrant County, Texas, located at 2100-2116 E. State Hwy. 114, Southlake, Texas. Current Zoning: "S- P-2" Generalized Site Plan District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: A one-story approximately 9,176 square foot building currently exists on Lot 5 in Kimball Park, located at 2112 E. State Hwy. 114. The uses that are permitted in the existing "S-P-2" regulations for Lot 5, Kimball Park are those uses found in the "C-2" Local Retail Commercial District limited to restaurant, retail, health and well-being businesses and spa. The purpose of this request is to amend the "S- P-2" regulations for Kimball Park to add "corporate office with associated events and internal showroom/gallery for displays" as permitted uses to Lot 5 only. No changes to the existing building or site are proposed. The corporate office use is proposed to also utilize the existing patio space as an extension of the showroom for public/private events. An "S-P-2" regulation is proposed to allow the corporate office with associated events and internal showroom/gallery for displays uses to park at the existing ratio for Lot 5, Kimball Park, requiring 52 spaces. No other changes to the previously approved "S-P-2" Generalized Site Plan District zoning and Concept/Site Plan for Kimball Park are proposed with this request and all previous conditions of approval remain in effect unless otherwise approved by City Council. It appears with the opposition filed, if this item is approved on first reading a super majority vote of the City Council will be required for approval of a second reading. ACTION NEEDED: 1 Consider approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 2, dated March 12, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-657D Full Size Plans (for Commission and Council members only) PowerPoint Presentation Case No. ZA20-0016 STAFF CONTACT: Artful Living Narrative "S-P-2" Regulations Site Plan Corridor Planning Committee Report SPIN meeting Report Applicant Presentation Ken Baker (817) 748-8067 Madeline Oujesky (817) 748-8070 Case No. ZA20-0016 BACKGROUND INFORMATION OWNER/ APPLICANT: KP JV, LLC (Paul Moss) PROPERTY SITUATION: This property is generally located north of E. S.H. 114 and west of N. Kimball Ave. LEGAL DESCRIPTION: Lots 1-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot Al, Block A, Briarwood Estates, Phase 1) LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-2" Generalized Site Plan District PROPOSED ZONING: "S-P-2" Generalized Site Plan District HISTORY: - A Zoning Change from "0-1" Office District to "C-3" General Commercial District for Lot A, Block A, Briarwood Estates, Phase I was approved in 1991 for Lake Cities Animal Clinic. - A Zoning Change and Concept/Site Plan (ZA12-067) from 1-1" Light Industrial District to "S-P-2" Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ""S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) from ""S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved June 2, 2015. - A Zoning Change and Site Plan (ZA15-142) from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S-P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one - level parking garage was approved March 1, 2016. - A Site Plan (ZA17-002) for Kimball Park Lot 5 Retail/Restaurant, which includes an approximately 9,176 square foot, one-story building on approximately 1.27 acres was approved February 21, 2017. - A Zoning Change and Site Plan (ZA18-0057) from "S-P-2" Generalized Site Plan District and "C-3" General Commercial District to "S-P-2" Generalized Site Plan District for District 114 at Kimball Park (on Lot 2R) was approved on February 19, 2020. SOUTHLAKE 2035 COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Mixed Use". Case No. ZA20-0016 Attachment A Page 1 Purpose and Definition (Mixed Use): The purpose of the Mixed Use land use category is 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. 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 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 previously discussed. TRANSPORTATION ASSESSMENT: Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: There are no changes to the previously approved Tree Conservation Plan with this request. No changes to the site are proposed. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on February 11, 2020. Please the meeting report attached separately. A 2035 Corridor Planning Committee meeting was held on January 29, 2020. Please the meeting report attached separately. PLANNING AND ZONING COMMISSION: April 23, 2020; Approved (6-1) subject to the staff report dated April 20, 2020. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 2, dated March 12, 2020. It appears with the opposition filed, if this item is approved on first reading a super majority vote of the City Council will be required for approval of a second reading. Case No. ZA20-0016 Attachment A Page 2 Vicinity Map 2112 E. State Hwy. 114(Lot 5, Kimball Per , \ , G 6W ) . CD se CD 2 g = ma cD e CD e, CD \ )\ \ 2# ) / LO CD «■ ~ \D§ »° , IVco ) --mCj - , . § } INC 2000 U 9,16 zE 22a 22a ee =23DD J¥ 114 \ ZA2O-0016 \\�Zoning Change and , Concept/Site Plan 0 90180 360 Feet Case No Attachment B ZA20-0016 Pagel CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA20-0016 Review No.: Two Project Name: Zoning Change and Site Plan for Lot 5, Kimball Park APPLICANT: KP JV, LLC Paul Moss 8821 Davis Blvd., #220 Keller, TX 76248 Phone: 817-723-7860 Email: paul@marinabayhomes.net OWNER: KP JV, LLC Paul Moss 8821 Davis Blvd., #220 Keller, TX 76248 Phone: 817-723-7860 Date of Review: 3/12/20 Email: paul@marinabayhomes.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/02/2020 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 Madeline Oujesky Assistant to the Director Phone: (817) 748-8070 Email: moujesky@ci.southlake.tx.us PLANNING COMMENTS: Applicant addressed all comments in Formal Submittal per Concept/Site Plan Review Summary #1. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(aD_ci.south lake.tx.us TREE CONSERVATION COMMENTS: No comments based on submitted information. LANDSCAPE COMMENTS: No comments based on submitted information. Public Works/Engineering Review Steve Anderson, P.E., CFM Deputy Civil Engineer Phone: (817) 748-8101 E-mail: sanderson(a_ci.southlake.tx.us Case No. Attachment C ZA20-0016 Page 1 GENERAL COMMENTS: No comments based on submitted information. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(a),ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. Stephanie Taylor Transportation Manager Phone: 817-748-8216 Email: staylor(a)ci.south lake.tx.us No comments. Public Works Traffic Division General Informational Comments A SPIN Meeting was held on February 11, 2020. A separate building permit is required prior to construction of any signs. NOTE: refer to the City's Sign Ordinance 704-J for attached and monument signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment C ZA20-0016 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES J3 00 21321 L a S2212 PLWAXER S. E KIRKWOOD RLVD w J m zoi, 21®1 ati„ m�4Y �y^44 L 2001 ry 'a5 � REENR OT4SWOL = LN -71 IT73 C, a 21M m LN U 2r04 N J Y7 ry B S z{12 _ 414 ry Z co g r { "W P52L, ., r gva W T9so 21.'. `c6sz 2113 2120 2150 yiIII I I z- S.I. 114 SPO # Owner Zoning Physical Address Acreage' Response 1. BARGER EQUITY GROUP LI 11 440 N KIMBALL AVE 0.33 2. BELF, BRETT AG 501 N KIMBALL AVE 3.40 NR 3. BOWEN SL LTD 11 450 N KIMBALL AVE 0.37 NR 4. BRIARWOOD TOWNHOMES LP MF1 420 BRIARWOOD DR 0.57 NR 5. BROWN, RONNI SF1-A 600 BRIARWOOD DR 1.27 NR 6. BTH & RA ASSOCIATES INC MF1 400 BRIARWOOD DR 0.54 NR 7. CARDARELLI, PAUL C2 2010 E STATE HWY 114 1.05 NR 8. CHERRY LANE PARTNERS LP 01 485 CHERRY LN 1.95 NR 9. CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.50 NR 10. COMPUTER CPR COMMAND CENTER LL 01 1469 CHERRY LN 1.0 11. COTY, ROB SF1-A 600 CHERRY LN 1.00 NR 12. DANIEL TALIAFERRO INC 11 500 N KIMBALL AVE # 102 1.60 NR 13. DRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 1.06 NR 14. EKSTROM, DELTON E SF1-A 650 CHERRY CT 0.99 NR 15. FC SOUTHLAKE LLC SP2 2104 E STATE HWY 114 3.64 NR 16. IFIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR Case No. Attachment D ZA20-0016 Page 1 17. FUSSELMAN, BRUCE SP2 2100 E STATE HWY 114 1.78 NR 18. GREAT GROWTH PROPERTIES LLC SP1 2118 E STATE HWY 114 0.75 NR 19. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR 20. HALIM, EMIL A MF1 725 CHERRY CT 0.96 NR 21. HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.95 NR 22. KAUFMAN, JAMES C SF1-A 625 BRIARWOOD DR 1.35 NR 23. KIMBALL LAKES PROPERTY OWNERS SP2 572 N KIMBALL AVE 0.39 NR 24. KP SOUTHLAKE JV LLC SP2 2112 E STATE HWY 114 1.30 NR 25. LEE, K WAYNE SP2 566 N KIMBALL AVE 0.66 NR 26. LR SOUTHLAKE PARTNERS LP SP1 1980 E STATE HWY 114 1.53 NR 27. MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.53 NR 28. MC PROPERTIES INC SP1 1940 E STATE HWY 114 1.14 NR 29. MDP KIMBALL PARK 114 L 102 E STATE HWY 114 1.56 30. IMDP KIMBALL PARK OFFICE LLC SP2 2108 E STATE HWY 114 5.17 O 31. MDP SOUTHLAKE LLC SP2 2114 E STATE HW 2.97 O 32. MOSS, ANGELIAJ SF1-A 550 CHERRY LN 1.09 NR 33. ONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 2.48 NR 34. PARADIS, THOMAS MF1 450 CHERRY LN 0.94 NR 35. PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.03 NR 36. PERKINSON, DOUGLAS ABLE SF1-A 575 BRIARWOOD DR 1.03 NR 37. POKHREL, RAMESH K SF1-A 500 BRIARWOOD DR 1.07 NR 38. REYNAL, JOHN MF1 575 CHERRY LN 1.10 NR 39. SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.41 NR 40. ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 6.43 NR 41. TATE, JOHN T SP2 2120 E STATE HWY 114 0.92 NR 42. TDC MANAAGEMENT LLC SP2 560 N KIMBALL AVE 0.48 NR 43. TEXAS PETRO CORP III SP2 2150 E STATE HWY 114 1.16 NR 44. TOWRY, JOHN EARL SF1-A 475 BRIARWOOD DR 1.13 NR 45. VAN TIL, JOHN J MF1 627 CHERRY LN 1.00 NR 46. 47. VAN TIL, ROBERT WAGNER, STE I MF1 -A 500 CHERRY LN 550 BRIA D D 1.15 NR Responses: F: In Favor O: Opposed U: Undecided Notices Sent: Forty-seven - (47) Responses Received within 200': Six (6) - Attached NR: No Response Case No. ZA20-0016 Attachment D Page 2 Notification Response Form Direct questions and mail responses to: ZA20-0016 City of Southlake Meeting Date: March 19, 2020 at 6:30 PM Planning & Development Services Notification Response 1400 Main St; Ste 310 COMPUTER CPR COMMAND CENTER LL Southlake, TX 76092 469 CHERRY LN Phone: (817) 748-8621 SOUTHLAKE, TX 76092 Fax: , (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature. Date: 3.1/ Additional Signature: Date: Printed Name(s): " I1010e Must be property owner(s) whose name(s) are printed at top./Otherwise contact the Planning Department. One form per property. Phone Number (optional): � 17"q i J 710 Case No. ZA20-0016 Attachment D Page 3 Notification Response Form 0Wee tquestion s and mail respo`tises to, ZA20-0016 City of Southlake Meeting :Cate_ April 23, 2020 at 6,20 PIS Planning & Development Services Notification Responsa 1400 Main St; Ste 310 WAGNER, 5TEVEN R Southlake, TX 76092 550 BRIARhiS OOD DR Phone: (11117} 74"621 SOUTHLAKE. Tit 76092 Fax, (417) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property So noted above. are hereby f!:�%cle oppnsed try undecided about or Underline one ,k the proposed Zoning Change and Cnncep`,'Site Plan referenced above. Space for comments regarding your position: Signature: Date: Additional Signature: � � '� � y-, Date. I� Printed Name x . Mual be properly ovmegs) whose names} are printed a ap 0fherwise'confeat thle Planning D2pgAent. One form perpruperty. Phone Number (optional): Case No. Attachment E ZA20-0016 Page 1 Notification Response Form ,2a-ts U"Idrn!g late: March 19, 2020 at 6,30 PIA BARGER EQUITY GRWP LLC 440 N KINAHALLAVE SCLJTHL KE. TX 78OR? PLEASE PROVIDE COMPL_ETI-0 FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED P'LIBI IC: W--ARING- Being the own6r(s) of the property 5o noted above. are hereby in favor ofopposed to undecided about (circle or underline one the proposed Zoning Change and Site Plan referenced abwa. Spy for comments regarding your position: Signature: 4!Ir : /1z Date: f 7~ Additional Signature: Gate: Printed Name(s): _11451A mLet oe prcpertyowrier�A) WWM§*nz=e 9.1 mrp prudod aG trap. °sa concoct the running Department.. one k m pet rxopeny. Phone Number (optional): _ / i5 2_ Case No. Attachment E ZA20-0016 Page 2 Notification Response Form ZA20-0016 We Date: April N, 2020 at 6;30 PM MDP KIM@ALL PARK 114 LLC 2106 E 6TA`t1- 114 HWY STE 103 SOUTHLAKL, TX 76092 Direct questi o ns a nd ma i I responses to: City of Southlake Planning & l eveloprnent Services Notification Response 1400 Main St; Ste 310 Suuthlake, T� 76092 Phone. (417) 74€ 621 Fax: (817) 74MG77 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX CAR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of t:PPosed tam undecided about (circle or underline one) the proposed Zoning Change and Conceptf ite Flan referenced above., Space for comments regarding your position: 1 i4c W _mac d +,11s rk$ ; `( r= ** S . t i Sig natu Additional Signature'. Date: t 0 Date: Printed I arne(s): Vok Must be property awner(s) whore ($) afe printed at bop. Othermm- conta i the Rtetnrw►4 DepMrrnerit. One fora,. per P{'aPeTjY Phone Number (optional): Case No. Attachment E ZA20-0016 Page 3 Notification Response Form Z,A 20-0016 Meeting Date; April 23. 2020 at 6;30 PM MDP KINISALL PARK OFFICE LLC 2106 E STATE 114 HWY STE 143 SO NTHL.A K E. TX 7"2 Dirrctquasbong and mail rasp anses to. - City of SouthLake Planning A Development Services Notification Response 1400 Main St; Sty 310 Southlake, TX 76092 Phone: (B17) 748-8621 Fax; (617) 748-6077 PLEASE PROVIDE COMPLETED FORMS VIA 'MAIL, FAX OR HAND DELIVERY BEFORE THE START OF TIME SCHEDULED PUBLIC HEARING. Eyeing the owners} of the property so mated above, are hereby in favor of pposed to undecided about (circle c(underline one) Qhe proposed Zoning Change and Con pt/Srte Plan, referenced above Space for comments regarding your position - All Signature - Additional Signature Date-. Lr [date: Pdnted Narne(s): yM?bkc t WON be prop" uf1s) who"+ONW*i we 1 11 440M orw pK n M Phone Number (optional): Case No. Attachment E ZA20-0016 Page 4 Notification Response Form 7-A20-4010 Meeting Date; ,April 23, 2020 at8o30 PM MOP SOUTHLAKE UC 2106 E STATE 114 HWY STE 103 SOUTHiLAKE, TX 76092 Direct questions and mail responses to: o f butftlal�� plannking Development Services Notification Response 1400 Main St; Ste 310 Southlake.TX 76092 phone: fffT)8aB 2 741 Fax: (817) 748-0077 PLEASE P OVIOE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owners) of the property so noted above, are hereby in favor of posed to undecided about (circle or underline one) the prapo5ed .Zoning Change and Concept! ite Plan referenced above, Space for comments regarding your position: igr�tul: ---- —�- Date: L, Additional Signature: Date; Printed Name(s): qT 't M4" N A Mu51 ba properly nwnerfs) whose name{sy afe Vrin9en al lop. Of arao et conlad 111a Plann" Depa menrl One form per proPe+ny+ Phone dumber (optional); Case No. Attachment E ZA20-0016 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657D AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 1-6, KIMBALL PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOT A, BLOCK A, BRIARWOOD ESTATES, PHASE I (ALSO KNOWN AS LOT Al, BLOCK A, BRIARWOOD ESTATES, PHASE 1) AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.27 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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, Case No. Attachment E ZA20-0016 Page 6 morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "S-P-2" Generalized Site Plan District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the 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 Case No. Attachment E ZA20-0016 Page 7 public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that 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, Case No. Attachment E ZA20-0016 Page 8 changed and amended as shown and described below: Being described as Lots 1-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot All, Block A, Briarwood Estates, Phase 1) an addition to the City of Southlake, Tarrant County, Texas, being approximately 17.27 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Reserved for conditions of approval 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 Case No. Attachment E ZA20-0016 Page 9 commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in Case No. Attachment E ZA20-0016 Page 10 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 post 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 if 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 MAYOR ATTEST: day of , 2020. Case No. Attachment E ZA20-0016 Page 11 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA20-0016 Page 12 U■ 1 FM T Being described as Lots 1-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot Al, Block A, Briarwood Estates, Phase 1) an addition to the City of Southlake, Tarrant County, Texas, and being approximately 17.27 acres. Case No. Attachment E ZA20-0016 Page 13 Reserved for approved Concept/Site Plan Case No. Attachment E ZA20-0016 Page 14