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Item 6ACase No. ZA20-0027 S T A F F R E P O R T August 25, 2020 CASE NO: ZA20-0027 PROJECT: Zoning Change and Site Plan for USPI All Star Medical Office EXECUTIVE SUMMARY: On behalf of All Star MOB, LLC, E4H Architecture is requesting 2nd reading approval of a Zoning Change and Site Plan for USPI All Star Medical Office on property described as Lots 1 & 2, Block 1, Tower Plaza, an addition to the City of Southlake, Tarrant County, Texas and located at 905 and 925 E. Southlake Blvd., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #9. DETAILS: The property is located at the southwest corner of E. Southlake Blvd. and Tower Blvd., north of Zena Rucker Rd. A Zoning Change and Site Plan (ZA15-139) for Tower Plaza that included a two-story, 43,000 square foot medical center/hospital on the southern portion of the property (Building 1) and one two-story, 25,000 square foot office building along E Southlake Blvd. (Building 2) was approved by City Council March 1, 2016. A Zoning Change and Site Plan (ZA16 -038) to increase the size of the southernmost building (Building 1) from 43,000 square feet to 46,735 square feet and to add seven (7) parking spaces to the site was approved by City Council on June 7, 2016. The purpose of this request is to seek 2nd Reading approval of a Zoning Change and Site Plan to revise the elevations of the previously approved Building 2. This item was tabled at the June 4, 2020 Planning and Zoning Commission meeting so that the applicant could revise the elevations and renderings based on feedback from the Commission. The applicant presented revised elevations and renderings to the 2035 Corridor Planning Committee on June 24, 2020 and those plans were approved by the Planning and Zoning Commission on August 6, 2020. A request to increase the gross floor area of the previously approved Building 2 from 25,000 square feet to approximately 25,201 square feet was also presented at the June 4, 2020 Planning and Zoning Commission meeting. The proposed floor area was reduced to approximately 23,569 square feet on the Site Plan presented at the August 6, 2020 Planning and Zoning Commission meeting. The reduction in floor area from the previously approved plans for Building 2 does not require approval of a Zoning Change and Site by City Council following a recomm endation by the Planning and Zoning Commission, so the purpose of the Zoning Change and Site Plan is only to revise the elevations and renderings. Case No. ZA20-0027 No changes to the previously approved “S-P-1” permitted uses and development regulations or to the existing Building 1 are proposed and all previous conditions of approval remain in effect . The City Council approved the item at 1st Reading on August 18, 2020 with the following condition: City Council 1st Reading Applicant’s Response Approved as presented with the brass color canopy option at the front entrance. There have been no revisions to the plans. The exhibit that shows the brass canopy option at the front entrance is included in the plan set and in the presentation. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3 dated July 31, 2020 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-711B Link to Presentation Link to Narrative Link to S-P-1 Regulations Link to Material Board Link to Sun Shade Spec Sheet Link to Plans Link to Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0027 Page 1 BACKGROUND INFORMATION PROPERTY OWNERS: All Star MOB, LLC APPLICANT: E4H Architecture PROPERTY SITUATION: 905 and 925 E. Southlake Blvd. LEGAL DESCRIPTION: Lots 1 & 2, Block 1, Tower Plaza LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: The “C-3” General Commercial Zoning District designation was assigned to a portion of the property with adoption of Zoning Ordinance 480 in 1989. A zoning change & site plan (ZA07 -124) and a Preliminary Plat (ZA07- 125) to develop approximately 90,000 square feet of profess ional office space and change the Zoning from “C-3” General Commercial Zoning District to “S-P-1” Detailed Site Plan District were approved February 19, 2008 by City Council. A zoning change and site plan (ZA09-059) to change the northeastern- most building (Building 3) to a Nursing College use and building and the two most southern office buildings to a 90 -bed personal care/assisted living facility was withdrawn by the applicant . A zoning change and site plan (ZA10-041) that kept the layout and general/medical office use of the two northernmost buildings on the approved Invitation Park plan, but that proposed a three-story, 64,800 square foot medical center/hospital in place of the five other buildings, was denied by City Council on August 17, 2010. A zoning change and site plan (ZA10-054) for Tower Plaza that included a three-story, 64,800 square foot medical center/hospital on the southern portion of the property and one two -story, 40,968 square foot office building along E. Southlake Blvd. was approved by December 7, 2010. A preliminary plat (ZA11-041) for Lots 1 and 2, Block 1, Tower Plaza Addition that showed one lot north and one lot south of the future Zena Rucker Rd. was approved October 4, 2011. A final Plat (ZA11-042) for Lots 1 and 2, Block 1, Tower Plaza Addition that showed one lot north and one lot south of the future Zena Rucker Rd. was approved on October 19, 2011 after no action taken in thirty (30) days. Case No. Attachment A ZA20-0027 Page 2 A preliminary plat (ZA12-012) for Lots 1 & 2, Block 1, Tower Plaza Addition was approved by City Council on April 17, 2012. A zoning change and site plan (ZA15-139) for Tower Plaza that included a two-story, 43,000 square foot medical center/hospital on the southern portion of the property and one two -story, 25,000 square foot office building along E Southlake Blvd was approved by City Council March 1, 2016. A preliminary plat (ZA15-140) for Lots 1 & 2, Block 1, Tower Plaza Addition was approved by City Council on March 1, 2016. A final plat (ZA16-021) for Lots 1 and 2, Tower Plaza Addition was approved on consent by the Planning and Zoning Commission on April 21, 2016 and it was filed April 21, 2017. A zoning change and site plan (ZA16 -038) to increase the size of the southernmost building (Building 1) from 43,000 square feet to 46,735 square feet and to add seven (7) parking spaces to the site was approved by City Council on June 7, 2016. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions No changes to the existing driveways on Tower Blvd. and Zena Rucker Rd. are proposed. An existing driveway stub to the property to the west is also unchanged with this proposal. Traffic Impact A Traffic Impact Analysis (TIA) for Tower Plaza was approved with previous Zoning Change and Site Plan Case No. ZA15-139. A revised TIA is not required for the for the proposed revisions. TREE PRESERVATION: The proposed Tree Conservation Plan complies with the approved Tower Plaza Tree Conservation Plan. The only additional trees that may need to be removed are along the west property line and were designated as Marginal to be preserved on the originally approved development Tree Conservation Plan. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: Case No. Attachment A ZA20-0027 Page 3 i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. CITIZEN INPUT/ BOARD REVIEW: A 2035 Corridor Planning Committee meeting was held on June 24, 2020. Link to Corridor Planning Committee Report A SPIN meeting was not held for the proposed revisions. PLANNING AND ZONING COMMISSION ACTION: June 4, 2020; Tabled to the August 6, 2020 meeting (6-0). August 6, 2020; Approved (6-0) subject to the staff report dated July 31, 2020 and Site Plan Review Summary No. 3, dated July 31, 2020, noting the applicant’s willingness to address the aesthetics and design of the front door. CITY COUNCIL ACTION: August 18, 2020; Approved at 1st Reading (6-0) subject to the staff report dated August 11, 2020 and Site Plan Review Summary No. 3, dated July 31, 2020, noting the we are approving the front entrance modification as presented this evening with the brass color canopy. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated July 31, 2020. Case No. Attachment B ZA20-0027 Page 1 Case No. Attachment C ZA20-0027 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA20-0027 Review No.: Three Date of Review: 07/31/20 Project Name: Zoning Change and Site Plan – USPI All Star Medical Office – Tower Plaza APPLICANT: E4H Architecture OWNER: All Star MOB, LLC Jeff Sudman Deann Manchester 501 Elm Street, Suite 500 Dallas, TX 75202 Phone: 817-226-1917 Phone: 972-713-3538 Email: jsudman@e4architecture.com Email: dmanchester@uspi.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/28/20 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Richard Schell Principal Planner Phone: (817) 748-8602 Email: rschell@ci.southlake.tx.us 1. Revise the narrative to describe the changes to the most recent previously approved plans and regulations (ZA16-038) that are requiring the zoning change (revisions to elevations). 2. The aluminum composite panels shown on the elevations are not a masonry material. Add the calculations showing the percentage of each façade that is covered in masonry and non-masonry materials to demonstrate that at least 80% of each façade is covered in a masonry material. 3. Please make the following changes to the Site Plan: a. Label the adjacent properties and properties across adjoining rights of way with existing zoning and land use map designation ("L.U.D.=_____"). The following corrections are needed: i. Change the land use designation to LUD = Retail Commercial on the property to the east. ii. Change the zoning to “AG” on the properties to the west and south. iii. Change the zoning to “S-P-1” on the property to the east. iv. 4. Staff recommends providing a material sample board with samples of all exterior materials except glass. The following comments are informational only: * The property is within the Corridor Overlay Zone as defined in Zoning Ordinance No. 480, as amended, Section 43.5. a. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.1.a is required on proposed buildings. Stucco or pla ster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and Case No. Attachment C ZA20-0027 Page 2 durability specifications. The use of synthetic products (e.g., EIFS – exterior insulation and finish systems, hardy plank, or other materials) shall not be considered as masonry material. b. Horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.d. is required on all facades visible from a Corridor right of way. c. Per Zoning Ordinance No. 480, Section 43.9.c.1 .c, all mechanical equipment, both rooftop and ground mounted, must be screened from view from adjacent rights of way. Rooftop mechanical equipment and/or othe r rooftop appurtenance screening shall be accomplished by either the construction of 1)the roof systems described in subparagraph b)above or 2) an architectural feature which is integral to the building’s design and ensures that such equipment is not visib le from adjacent public right of way. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. d. A minimum eight (8) foot tall masonry screen wall matching the principal building with a solid metal access gate is required for all trash receptacle enclosures. A label has been added to the trash receptacle e nclosure on the Site Plan stating that an 8’ screen wall matching the principal building with solid metal gates” is to be provided. * Per Subdivision Ord. No. 483, as amended, Section 8.05, all above ground equipment shall be screened from view in such a manner that the ground equipment cannot be seen from a public right of way. Said screening shall be completed at the time of installation by the utility company or developer. * Per Zoning Ordinance No. 480, as amended, Section 36.6.1, one loading space is required for each building. One space must be minimum 10’ x 50’ and one space must be a minimum 10’ x 25’. The previous Zoning Change and Site Plan was approved with zero loading spaces shown to be required and provided on the Site Plan. An S -P-1 regulation has been added stating that no loading zones are required. * All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. The two water lines connecting into the water lines on Tower Boulevard will cause the alteration of trees two trees, 73 and 125. * The proposed Tree Conservation Plan complies with the approved Tower Plaza Tree Conservation Plan. The only additional trees that may need to be removed are along the west property line and were designated as Marginal to be preserved on the originally appr oved Case No. Attachment C ZA20-0027 Page 3 development Tree Conservation Plan. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existi ng tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S -P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man -made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures p ursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the Case No. Attachment C ZA20-0027 Page 4 approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. The north type is incorrect It is required to be the minimum of a 20’ – O type bufferyard. Please correct the “Required” and “Provided” bufferyard types and plant material calculations. 2. On the previously approved USPI Site Plan the east bufferyard was approved to be a 5’ – A bufferyards. 3. The “Required” interior landscape area is 250 square feet more than required. Based on 50% of the largest floor area, the required interior landscape area is 8,213 square feet. 4. The existing trees symbol in the landscape design do not match the existing tree symbol within the Plant Schedule. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Kevin Ferrer, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us * No Comments Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the m ain, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Label riser room location and show the dimensions of the room on the plans) The fire line on the plans is indicated as being 150 feet in length and a vault is not shown on the plans. (Add a vault as required due to the fire line being in excess of 100 feet from the city water main) Case No. Attachment C ZA20-0027 Page 5 The fire line is shown entering the building on the east side of the property, but the riser room is located on the south side of the property, is the fire line being run overhead throughout the building, or is this shown in error. Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC location not indicated on the plans) Add FDC location, wall mount or remote connection to meet the distance requirements, or add a fire hydrant. Fire hydrants are required at a maximum spacing of 500 feet for commercial locations with completely sprinkled buildings. (Hydrants are not indicated on the plans, show all existing and proposed hydrant locations) FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a “hose -lay” basis for sprinkled buildings. Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Fire lanes not indicated on plans, fire lanes must intersect with existing dedicated streets and/or existing fir e lanes on the property) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2018 I.F.C. Sec. 503.2.4) Case No. Attachment C ZA20-0027 Page 6 Informational Comments: * No review of proposed signs is intended with this site plan. All signs require approval of a separate sign permit. * All mechanical equipment must be screened of view from rights -of-way 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. * Through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to p ay 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 Impac t Fees Guide to determine the fee amount. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3 -step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS – exterior insulation and finish systems, hardi plank, or oth er materials of similar characteristics) shall not be considered a masonry material. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non -Residential Buildings. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fee s 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. * Denotes Informational Comment Case No. Attachment D ZA20-0027 Page 1 Surrounding Property Owners & Responses SPO # Owner Zoning Address Acreage Response 1. KIANI, HAMID SF20A 809 GATESHEAD CT 0.64 NR 2. EXCEL SOUTHLAKE LP SP1 1035 E SOUTHLAKE BLVD 16.95 NR 3. WCHOA INC RPUD 200 WOODSONG WAY 0.14 NR 4. RAJENDER KUMAR AGARWAL REVOCAB RPUD 208 WOODSONG WAY 0.44 F 5. LOPEZ, ERIK RPUD 204 WOODSONG WAY 0.55 NR 6. RUCKER FAMILY TRUST AG 835 E SOUTHLAKE BLVD 1.52 NR 7. ALL STAR MOB, LLC SP1 905 E SOUTHLAKE BLVD 2.04 NR 8. WELLTOWER OM GROUP LLC SP1 925 E SOUTHLAKE BLVD 3.64 NR 9. EAST SOUTHLAKE #2 LTD SP1 910 E SOUTHLAKE BLVD 2.34 NR 10. MENDEZ LTD AG 918 E SOUTHLAKE BLVD 5.39 NR 11. FOXBOROUGH HOA INC SF20A 800 E SOUTHLAKE BLVD 0.92 NR 12. EAST SOUTHLAKE #1 LTD SP1 900 E SOUTHLAKE BLVD 1.97 NR 13. RUCKER, ZENA SULLIVAN TR AG 841 E SOUTHLAKE BLVD 3.69 NR 14. ZELDA PARTNERS LTD AG 811 E SOUTHLAKE BLVD 6.77 NR Responses - F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment D ZA20-0027 Page 2 Notices Sent: Fourteen (14) Responses received: One (1) – Attached Case No. Attachment D ZA20-0027 Page 3 Case No. Attachment E ZA20-0027 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-711B 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 & 2, BLOCK 1, TOWER PLAZA, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS , BEING APPROXIMATELY 5.75 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P- 1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Art icle 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 l ocation and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requ ested 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 Case No. Attachment E ZA20-0027 Page 2 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 reasonab ly 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 a nd the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concent ration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the 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 Case No. Attachment E ZA20-0027 Page 3 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 tr act or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lots 1 & 2, Block 1, Tower Plaza, an addition to the City of Southlake, Tarrant County, Texas, being approximately 5.75 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 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, Texa s. 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 Case No. Attachment E ZA20-0027 Page 4 welfare of the community. They have been designed, with respect to both present conditions and th e 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 pro vision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of al l 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 affe ct 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 provisi ons 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 expr essly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same Case No. Attachment E ZA20-0027 Page 5 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 i s hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordin ance 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. _________________________________ Laura Hill, MAYOR ATTEST: _________________________________ Amy Shelley, CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____day of _____, 2020. ________________________________ Laura Hill, MAYOR ATTEST: ________________________________ Amy Shelley, CITY SECRETARY Case No. Attachment E ZA20-0027 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0027 Page 7 EXHIBIT “A” Reserved for legal description Case No. Attachment E ZA20-0027 Page 8 EXHIBIT “B” Reserved for approved Site Plan