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Item 7ACase No. ZA20-0021 S T A F F R E P O R T October 13, 2020 CASE NO: ZA20-0021 PROJECT: Zoning Change and Site Plan for Park Village EXECUTIVE SUMMARY: On behalf of Excel I, LP, Dunaway Associates is requesting 1st reading approval of a Zoning Change and Site Plan for Park Village on property described as Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of Southlake, Tarrant County, Texas, and located at 1035 E. Southlake Blvd. and 300 S. Carroll Ave., Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #9. DETAILS: The purpose of this request is to seek 1st reading approval of a Zoning Change and Site Plan for revisions to the Park Village development to include modifications to the fountain and landscaping, enhancements to the plaza area paving and the addition of a shade structure. The main areas of the site being modified are at the northeast and northwest corners of the property. Also, to address existing drainage issues, at grade planters and tree wells within 20’ of a building are proposed to be removed throughout the site. A Zoning Change and Site Plan (ZA16-058) to allow the at grade planters and tree wells to be replaced with self-contained raised planters was approved in 2016, but the raised planters were never constructed. The request is to allow the at grade planters and tree wells to be removed with no replacement of the landscaping in those areas. In addition, specific paving materials and patterns were previously approved for the “village” and “rim” areas. Previous attempts to provide the required patterns by brushing, sandblasting, etc. have failed to provide an outcome that meets the requirements approved with previous zoning applications. The applicant is proposing to allow the existing integral color concrete areas to be maintained in their current condition except as shown in the areas to be revised. All of the proposed revisions are on Lot 1, Block 1, Park Village, which is the lot north of Zena Rucker Rd. No changes to the open space lot south of Zena Rucker Rd. are proposed. No changes or than those noted and shown on the plans are proposed and all other previous conditions of approval remain in effect. The proposed changes are summarized below: • Reduce the size of the large fountain and add sculpture • Add activity lawn with festoon lights and poles • Enhanced hardscape materials including pavers in the fountain plaza areas • Enhanced landscaping at the northeast and northwest corners of the site • Add a shade structure adjacent to the large fountain • Remove at grade planting beds and tree wells within 20’ of buildings • Maintain existing integral color concrete finishes outside of the ident ified Case No. ZA20-0021 improvement areas The Planning and Zoning Commission included the following stipulations in their motion recommending approval of the item on October 8, 2020. P&Z Commission Conditions Applicant’s Response Provide more detailed renderings and a site plan at the City Council meeting. A revised Site Plan and rendering have been submitted, which show the pedestrian access from the intersection and an access gate next to the Gloria’s patio. Provide more details on the pedestrian access points as well as all fence heights and also address the safety aspects of this portion of the development around the fountain including the artwork elevations. The revised rendering shows a fence and gate added to the access point by the Gloria’s patio and the fountain has been revised to match the plans with water discouraging access to the sculpture. The fence heights and types are not indicated on the plans, so a review comment has been added. Inform Council of the budget for the project for purposes of a performance bond and/or a commercial letter of credit to secure the project in an amount to be 1.5 times the project cost and to be issued from a major financial center bank with assets of at least $500 million dollars. More information will be provided prior to or at the Council meeting. Requiring that the construction start at the beginning of the year and that the applicant provides City Council with confirmation of that and tenant blackout dates to see if it could start earlier and requiring that the applicant finish construction by the end of May 2021. More information will be provided prior to or at the Council meeting. Requiring the applicant to provide information to Council on achieving a 95% per month functionality or operational timeframe and identifying hours required for maintenance each month. More information will be provided prior to or at the Council meeting. VARIANCE REQUESTED: A variance to Landscape Ord. No. 544, as amended, is requested to allow the interior and parking lot landscape plantings as shown on the plans. To address existing drainage issues, at grade planters and tree wells within 20’ of a building are proposed to be removed throughout the site. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated October 13, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-643D Link to Presentation Link to Narrative, S-P-1 and Variance Request Letter Link to Plans Link to SPIN meeting report Link to 2035 Corridor Planning Committee meeting report Case No. ZA20-0021 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0021 Page 1 BACKGROUND INFORMATION OWNER: Excel I, LP APPLICANT: Dunaway Associates PROPERTY SITUATION: 1035 E. Southlake Blvd. and 300 S. Carroll Ave. LEGAL DESCRIPTION: Lot 1, Block 1 and Lot 1, Block 2, Park Village LAND USE CATEGORY: Retail Commercial, Medium Density Residential CURRENT ZONING: “S-P-1” Detailed Site Plan District. REQUESTED ZONING: “S-P-1” Detailed Site Plan District. HISTORY: - The property was annexed into the City in 1956. - A Zoning Change and Site Plan (ZA08-059) from “AG” Agricultural District to “S-P-2” Generalized Site Plan District with “C-2” Local Retail Commercial District uses and regulations for The Plaza on Southlake Blvd. was approved by City Council on December 2, 2008. The site plan for the property, which is located at 1001 E. Southlake Blvd., includes nine one-story retail and office buildings totaling approximately 65,000 square feet. - A Zoning Change and Concept Plan (ZA12-090) from “AG” Agricultural District to “S-P-2” Generalized Site Plan District for Southlake Park Village that included approximately 217,000 square feet of retail development and a parking garage was approved by the Planning and Zoning Commission on November 8, 2012 and approved by City Council at 1st reading December 4, 2012. The case was withdrawn prior to a 2nd reading at Council. - A Preliminary Plat (ZA12-091) for Southlake Park Village was approved by the Planning and Zoning Commission on November 8, 2012. The case was withdrawn before moving forward to City Council. - A Zoning Change and Site Plan (ZA13-060) from “S-P-2” Generalized Site Plan District and “AG” Agricultural District to “S-P-1” Detailed Site Plan District for Park Village was approved October 15, 2013. - A Preliminary Plat (ZA13-061) for Lot 1, Block 1 and Lot 1, Block 2, Park Village was approved October 15, 2013. - A Final Plat (ZA13-119) Lot 1, Block 1 and Lot 1, Block 2, Park Village was approved November 7, 2013. - A Zoning Change and Site Plan (ZA14-037) from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District for Park Village to approve revisions to the Landscape Plan was approved May 20, 2014. - A Zoning Change and Site Plan (ZA16-058) from “S-P-1” Detailed Site Case No. Attachment A ZA20-0021 Page 2 Plan District to “S-P-1” Detailed Site Plan District for Park Village to approve revisions to the Landscape Plan was approved November 1, 2016. To mitigate drainage problems, at grade planting beds and tree wells within 20’ of a building were approved to be replaced with self- contained raised planters. Replacement of the at grade planting beds and tree wells with above ground planters has not yet occurred. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Retail Commercial on the lot north of Zena Rucker Rd. and Medium Density Residential on the open space lot south of Zena Rucker Rd. The proposed revisions are on the lot north of Zena Rucker Rd. Purpose and Definition: The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood -type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed. Pathways Master Plan & Sidewalk Plan All adjacent sidewalks and trails shown on the Master Pathways Plan have been constructed. An 8’ or greater multi-use trail exists along E. Southlake Blvd., S. Carroll Ave. and the south side of Zena Rucker Rd. A 6’ sidewalk exists along the north side of Zena Rucker Rd. and a 5’ sidewalk exists along the east side of Tower Blvd. TRANSPORTATION ASSESSMENT: No changes to the existing traffic patterns or intensity are proposed. TREE PRESERVATION: A net reduction of twenty-two trees is proposed including canopy trees and accent trees. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was held on February 11, 2020. Link to SPIN meeting report A 2035 Corridor Planning Committee meeting was held on January 29, 2020. Link to Corridor Planning Committee report PLANNING AND ZONING COMMISSION ACTION: October 8, 2020; Approved (7-0) subject to the staff report dated October 2, 2020 and Site Plan Review Summary No. 2, dated Case No. Attachment A ZA20-0021 Page 3 September 30, 2020 and also requiring and noting the applicant’s willingness to provide more detailed renderings and a site plan at the City Council meeting, also noting the applicant’s willingness and a requirement to provide more details on the pedestrian access points as well as all fence heights, and also addressing the safety aspects of this portion of the development around the fountain including the artwork elevations, also noting the applicant’s willingness to inform Council of the budget for the project for purposes of a performance bond, noting the applicant’s willingness and requiring that the construction start at the beginning of the year and that the applicant provides City Council with confirmation of that and tenant blackout dates to see if it could start earlier, also noting and requiring that the applicant finish construction by the end of May 2021, also noting the applicant’s willingness and requiring the applicant to provide information to Council on achieving a 95% month functionality or operational timeframe and identifying hours required for maintenance each month and also noting and requiring a performance bond and/or a commercial letter of credit to secure the project in an amount to be 1.5 times the project cost and to be issued from a major financial center bank with assets of at least $500 million dollars, and also specifically granting the landscape variance. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated October 13, 2020. The criteria for granting a variance to the requirements of Landscape Ordinance No. 544-B are below: The City Council shall have the authority to grant an interpretation or variance to the requirements of (the Landscape) ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Case No. Attachment B ZA20-0021 Page 1 Case No. Attachment C ZA20-0021 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA20-0021 Review No.: Three Date of Review: 10/13/20 Project Name: Zoning Change and Site Plan – Park Village APPLICANT: Adam Brewster OWNER: Craig Myers Dunaway Associates Excel Southlake I LP, c/o Shopcore Properties LP 550 Bailey Ave., Suite 400 233 Wacker Dr., Suite 3400 Fort Worth, TX Chicago, IL 60606 Phone: (817) 335-1121 Phone: (480) 390-2847 E-mail: ABrewster@dunawayassociates.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/20 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. 1. Please make the following changes to the Narrative and “S-P-1” letter. a. To address existing drainage issues, a Zoning Change and Site Plan (ZA16-058) was approved November 1, 2016 to allow at grade planting beds and tree wells within 20’ of a building to be replaced with self-contained raised planters. The color exhibit of existing conditions and removal items shows the at grade plantings and tree wells to be removed and the only plantings being added are at the northeast and northwest corners of the site. Please revise the statement in the project description to describe the removal of trees throughout the site and not just along Southlake Blvd. at the northwest corner as stated. 2. Please make the following revisions to the Site Plan: a. Revise the plan to correctly shown the areas of existing integral color concrete. b. Show and label the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. 3. Check with TxDOT to determine if the bollards shown at the intersection of E. Southlake Blvd. and S. Carroll Blvd. and any other structures in the right of way are permitted. 4. All mechanical equipment must be screened of view from rights -of-way and residential properties in accordance with the Zoning Ordinance No. 480, as amended. 5. Per Subdivision Ord. No. 483, as amended, Section 8.05.F, all above ground electric, telephone, cable and other utility equipment, transformers, etc. must be screened from publ ic view in such a manner that the ground equipment cannot be seen from a public right o f way. It appears that the additional paving and reduced landscaping at the northwest corner of the property will reduce the screening of the existing equipment. Please revise the Landscape Plan to ensure that the existing equipment is completely screened or verify that the plantings proposed on the landscape plan are of adequate size and height to screen the equipment. Case No. Attachment C ZA20-0021 Page 2 * Specific paving materials and patterns were previously approved for the “village” and “rim” areas. Previous attempts to provide the required patterns by brushing, sandblasting, etc. have failed to provide an outcome that meets the requirements approved with previous zoning applications. The existing integral concrete finishes outside of the northeast and northwest areas are to be maintained in their current condition. A statement to that effect has been added to the project description in the Narrative and S-P-1 letter. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 LANDSCAPE COMMENTS: 1. Please provide an existing Landscape Plan which clearly delineates what existing plant material is being removed. 2. Please revise the Bufferyards Summary Chart to show the actual amount of plant material being provided within the revised bufferyard plantings. 3. Why are most of the trees proposed to be transplanted? New nursery grown trees would be healthier and establish better. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. Stephanie Taylor, P.E., PTOE Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us Site Plan: 1. Show how pedestrians will access the plaza area from the existing crosswalk across S Carroll Ave. 2. Include elevations and grading with next submittal so the accessibility of the redeveloped area can be verified. Fire Department Review Kelly Clements Case No. Attachment C ZA20-0021 Page 3 Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments. Case No. Attachment C ZA20-0021 Page 4 General Informational Comments * A SPIN meeting showing the proposed changes was held on February 11, 2020. * A Corridor Planning Committee meeting was held on January 29, 2020. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any 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. * The applicant should be aware that prior to issuance of a build ing permit a fully corrected site plan, landscape plan, irrigation plan, and other applicable plans must be submitted for approval and all required fees must be paid. * Denotes Informational Comment Case No. Attachment D ZA20-0021 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. ALI, ZULFIQAR SF20B 300 LAKESIDE CT 0.57 NR 2. JABERI, PARVIZ SF20B 302 LAKESIDE CT 0.51 NR 3. SL OAK TREE EST HOMEOWNR ASSN SF20B 1200 WESTMONT DR 3.26 NR 4. CARROLL/1709 LTD SP2 251 S CARROLL AVE 0.93 NR 5. TOWN SQUARE VENTURES LP DT 1200 E SOUTHLAKE BLVD 1.01 NR 6. EXCEL SOUTHLAKE LP SP1 1035 E SOUTHLAKE BLVD 16.95 NR 7. WCHOA INC RPUD 200 WOODSONG WAY 0.14 NR 8. JOSHI, DILIP RPUD 304 WOODSONG WAY 0.35 NR 9. RAJENDER KUMAR AGARWAL REVOCAB RPUD 208 WOODSONG WAY 0.44 NR 10. LOPEZ, ERIK RPUD 204 WOODSONG WAY 0.55 NR 11. CALATLANTIC HOMES OF TEXAS INC RPUD 205 WOODSONG WAY 0.44 NR 12. SURYAKUMAR, RAJARAMAN RPUD 224 WOODSONG WAY 0.35 NR 13. PARKER, MATHEW RPUD 308 WOODSONG WAY 0.38 NR 14. CASSIDY, RICHARD RPUD 305 WOODSONG WAY 0.35 NR 15. KARIC, ZLANTAN RPUD 313 WOODSONG WAY 0.59 NR 16. CALATLANTIC HOMES OF TEXAS INC RPUD 317 WOODSONG WAY 0.43 NR 17. WCHOA INC RPUD 440 S CARROLL AVE 0.13 NR 18. EDWARDS, E RPUD 229 WOODSONG WAY 0.35 NR 19. ROGERS, PAUL RPUD 301 WOODSONG WAY 0.35 NR Case No. Attachment D ZA20-0021 Page 2 20. SAVAGE, WILLIAM RPUD 300 WOODSONG WAY 0.35 NR 21. CALATLANTIC HOMES OF TEXAS INC RPUD 228 WOODSONG WAY 0.35 NR 22. SIERRA, ROBERT RPUD 209 WOODSONG WAY 0.52 NR 23. PETRONIUS FERNANDO, WANNAKAWAT RPUD 225 WOODSONG WAY 0.39 NR 24. CALATLANTIC HOMES OF TEXAS INC RPUD 309 WOODSONG WAY 0.35 NR 25. EXCEL SOUTHLAKE LP SP1 300 S CARROLL AVE 2.38 NR 26. WCHOA INC RPUD 201 WOODSONG WAY 0.16 NR 27. RUCKER FAMILY TRUST AG 835 E SOUTHLAKE BLVD 1.52 NR 28. ALL STAR MOB, LLC SP1 905 E SOUTHLAKE BLVD 2.04 NR 29. WELLTOWER OM GROUP LLC SP1 925 E SOUTHLAKE BLVD 3.64 NR 30. GREENWAY-SOUTHLAKE OFFICE PRTN SP1 1110 E SOUTHLAKE BLVD 1.99 NR 31. EAST SOUTHLAKE #2 LTD SP1 910 E SOUTHLAKE BLVD 2.34 NR 32. MENDEZ LTD AG 918 E SOUTHLAKE BLVD 5.39 NR 33. GREENWAY CRESTWOOD PARTNERS SP2 1100 E SOUTHLAKE BLVD 2.25 NR 34. EAST SOUTHLAKE #1 LTD SP1 900 E SOUTHLAKE BLVD 1.97 NR 35. MENDEZ LTD SF1-A 1050 E SOUTHLAKE BLVD 3.46 NR 36. CARROLL/1709 LTD SP2 1201 E SOUTHLAKE BLVD 8.43 NR 37. CARROLL/1709 LTD SP2 275 S CARROLL AVE 2.43 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Seven (27) Responses received: None (0) Case No. Attachment E ZA20-0021 Page 1 ORDINANCE NO. 480-643D 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 DESCRIBED AS LOT 1, BLOCK 1 AND LOT 1, BLOCK 2, PARK VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 22.4812 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 Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed 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, Case No. Attachment E ZA20-0021 Page 2 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 and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public 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, Case No. Attachment E ZA20-0021 Page 3 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, changed and amended as shown and described below: Being described as Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of Southlake, Tarrant County, Texas, being approximately 22.4812 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 Zoning District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Case No. Attachment E ZA20-0021 Page 4 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA20-0021 Page 5 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA20-0021 Page 6 ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ____ day of ______, 2020. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ______day of ________, 2020. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA20-0021 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0021 Page 8 EXHIBIT “A” Being described as as Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of Southlake, Tarrant County, Texas and being approximately 22.4812 acres according to the plat recorded as Instrument No. D214243429, Plat Records, Tarrant County, Texas.