Item 6ACase No.
ZA20-0021
S T A F F R E P O R T
November 10, 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 2nd 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 2nd 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 identified
Case No.
ZA20-0021
improvement areas
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: 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 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
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.
CITY COUNCIL ACTION: October 20, 2020; Approved at 1st reading (6-0) subject to the Staff
Report dated October 13, 2020, and Site Plan Review Summary No. 3,
dated October 13, 2020, and granting the following:
- 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. Address existing drainage issues, at grade planters and
tree wells within 20’ of a building are proposed to be removed
throughout the site.
And noting the following:
- Compliance with the drawings and other information provided by the
applicant and included in the City Council staff report for October 20,
2020 shall be required.
- Based on the estimated cost of the new landscaping, hardscaping,
and fountain improvements that are described in the October 20,
2020 staff report, the property owner shall provide a commercial
letter of credit in an amount that is 150% of the project cost no later
than December 1, 2020. The letter of credit shall be issued from a
major financial center bank with assets of at least $500 million
dollars.
- The City and its contractors are granted a right of access onto the
property to make any improvements in the event the City draws on
the letter of credit to complete improvements that have not been
completed in accordance with the schedule set forth below.
- Compliance with the following project schedule shall be required
[this schedule assumes a second reading and final approval on
November 17, 2020]:
o Within two business days after November 17, 2020, the
property owner shall submit construction plans for the project
to the City for review and approval. Construction plans must
include the new landscaping, hardscaping, and fountain
Case No. Attachment A
ZA20-0021 Page 4
improvements that are described in the October 20, 2020 staff
report.
o Within 20 days after November 17, 2020, the property owner
shall obtain bids for the construction project.
o Within 40 days after November 17, 2020 (but not before the City
approves the construction plans and issues a permit), the
property owner shall enter into a construction contract for the
project improvements.
o Within six weeks after the City approves the construction plans
and issues a permit, but no sooner than January 8, 2021, the
property owner will cause construction of the project to be
commenced.
o Within 20 weeks after the project construction is commenced,
but not later than May 31, 2021, construction shall be
completed, and the property owner shall request a final
inspection from the city.
- Commencing on the first day of the month following completion of
the fountain and approval of a final inspection of the fountain by the
City, the fountain shall be operational at least 95 percent of the time
during business hours during each six-month period thereafter.
"Business hours" means 10:00 AM – 10:00 PM. If the City
determines that the fountain is not operational, the City shall
provide written notice to the owner. Notices should be directed to
Terrie Hatfield – Property Manager at thatfield@shopcore.com with
a copy to be mailed to Shopcore Properties – Attention: Legal
Department, Two Liberty Place, 50 S. 16th Street, Suite 3325,
Philadelphia, PA 19102. Notices shall be delivered by E-mail and
mail. If the contact information for the property owner changes, the
property owner shall provide the Director of Planning with written
notice of the updated contact information. Within 10 business days
after receipt of a notice from the City, the property owner shall
provide a response to the extent of the operational status of the
fountain. If necessary, property owner will enter into a contract for
necessary fountain repairs and provide the Director of Planning with
a written notice of the timeframe required to make the repair. The
repair shall be completed within such timeframe as outlined in the
contract or any amendments. For purposes of this paragraph, a
business day is any day Monday through Friday that is not a City-
recognized holiday.
- Shopcore shall provide the City access to the fountain area to
install and maintain any public art installed.
- Applicant will provide an alternative landscape plan.
- Applicant will remove the faded Home Depot buckets and replace
with new ones.
- Applicant will display a rendering of the public art to be placed on
site, as rendering is made available.
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:
Case No. Attachment A
ZA20-0021 Page 5
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.
The applicant has requested that the additional language be added to
the City Councils motion:
The Director of Planning and Development Services, in his or her sole
discretion, may grant an extension of time for the property owner to
make repairs to the fountain if the property owner provides the City with
documentation that necessary repair parts are not immediately available
to make needed repairs.
If City Council considers approval of the zoning, staff is recommending
that the estimated cost of the new landscaping, hardscaping, and
fountain improvements that are described in Exhibit C of the Amended
and Restated 380 Agreement being considered by the City Council on
November 17, 2020 be referenced as part of the motion.
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 public
view in such a manner that the ground equipment cannot be seen from a public right of 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 building 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: Two (2) – Attached
Case No. Attachment D
ZA20-0021 Page 3
Case No. Attachment D
ZA20-0021 Page 4
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 hea lth 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:
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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 Zo ning 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 a fter 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 appropriat e use of land throughout the
community.
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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 por tion 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
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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 addit ionally 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 f rom and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 20th day of October, 2020.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ______day of ________, 2020.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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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.
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EXHIBIT “B”
Reserved for approved Site Plan