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
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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
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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
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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,
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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
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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
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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.
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CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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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.
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Reserved for approved Concept/Site Plan
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