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Item 6D9 CASE NO: ZA21-0033 SOUTHLA14CE PLANNING & DEVELOPMENT SERVICES STAFF REPORT June 8, 2021 PROJECT: Zoning Change and Site Plan for Southlake Commons EXECUTIVE SUMMARY: On behalf of Southlake Commons, LP, Conifer Real Estate is requesting 2nd Reading approval of a Zoning Change and Site Plan for Southlake Commons on property described as Lots 20R, 21 R, 22R1 and 23R, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 171 - 281 W. Southlake Blvd., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District, Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #10. DETAILS: The project is generally located south of W. Southlake Blvd. and west of S. White Chapel Blvd. adjacent to First Financial Bank. The purpose of this request is to seek 2nd Reading approval of a Zoning Change and Site Plan to modify the existing "S-P-1" Detailed Site Plan District zoning. A Zoning Change and Site Plan (ZA19-0042) to allow "Beauty Shop with Salon and Spa Services with a suite -based concept" only within Building 2 was approved by City Council on September 17, 2019. The applicant is proposing to allow the "Beauty Shop with Salon and Spa Services" use in Building 7 also (191 W. Southlake Blvd.). The applicant is also proposing optional elevations to allow white brick with a black tile roof or light gray brick with a dark gray tile roof as permitted materials on the remaining buildings in Southlake Commons. As previous) approved: Site Lot 20 Data Summary Lot 21 Lot 22 Lot 23 Total Existing Zoning "S-P-1" "S-P-1" "S-P-1" "S-P-1" "S-P-1" Proposed Zoning "S-P-1" "S-P-1" "S-P-1" "S-P-1" "S-P-1" Gross/Net Acreage 3.41 ac. 1.48 ac. 1.39 ac. 1.22 ac. 7.5 ac. Open Space Area 1.36 ac. 0.38 ac. 0.37 ac. 0.39 ac. 2.50 ac. Open Space % 39.88% 25.68% 26.62% 31.97% 33.33% Imp. Coverage Area 2.05 ac. 1.10 ac. 1.02 ac. 0.83 ac. 5.00 ac. Imp. Coverage % 60.12% 74.32% 73.38% 68.03% 66.67% Total Bldg. Area 27,854 sf 13,314 sf 12,670 sf 10,838 sf 64,676 sf Leasable Area 25,643 sf 13,315 sf 12,667 sf 10,838 sf 62,463 sf Parking required for entire site per S-P-1 1 space/1 85 sf - - - - 338 Parking Provided 148 69 67 55 1 339 Case No. ZA21-0033 PROPOSED S-P-1: Detailed Site Plan (SP-1) District - Land Use and Development Regulations for Southlake Commons, on a 7.5 acre parcel on Southlake Blvd., just west of White Chapel Blvd. Southlake, Texas Zoning Case #: ZA21-0033 Prepared by Sage Group, Inc. April 12, 2021 This Detailed Site Plan (SP-1) district shall abide by all the conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, and the City of Southlake Subdivision Ordinance No. 483, as amended. All previous conditions of approval in Ordinance No. 480-744 and 480- 744A remain in effect. Permitted Uses: This property shall be subject to the development regulations for the "0-1" Office District, and all other applicable regulations, with the following additional use permitted: 1. "Beauty Shop with Salon and Spa Services, subject to a limitation of such use will be located only within Building 2 and Building 7, with Building 2 being a suite -based concept. Development Regulations: 1. Minimum Side Building Setbacks shall be fifteen (15') feet, except that setbacks along internal property lines shall not be required. 2. Buffer Yards along internal lot lines shall not be required. 3. The maximum impervious coverage for the overall "SP-1" boundary shall be 67%; however, the maximum impervious coverage requirement shall not apply to individual lots within the boundary. 4. A shared parking, cross -access easement and shared maintenance agreement shall be required. Required parking for all built uses shall be provided within the "SP-1" boundary; parking requirements for individual lots shall not apply. 5. Parking Space Requirements: All Uses: One (1) space for each one -hundred eighty-five (185) square feet of Net Leasable area. 6. Dumpster Enclosure Location: Dumpster enclosures shall be permitted as shown on the Site Plan. 7. Fence Height: The required replacement of the existing wood fence on the southern boundary shall be allowed to exceed 8' in height, to match the height of the existing fence. Case No. ZA21-0033 PREVIOUSLY APPROVED VARIANCE: Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100' if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces exceeds 200. The applicant is proposing stacking depths of approximately 70' on the W. Southlake Blvd. driveway, 74' on the north S. White Chapel Blvd. driveway and 18' on the south S. White Chapel Blvd. driveway to allow the development to be served by the existing driveways to and from the adjacent properties. 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 May 19, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-744B Link to Presentation Link to Narrative Letter Link to S-P-1 Letter Link to Eyebrow Threading Explanation I ink to Plans, STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA21-0033 BACKGROUND INFORMATION OWNER: Southlake Commons, LP APPLICANT: Conifer Real Estate PROPERTY SITUATION: Generally located south of W. Southlake Blvd. and west of S. White Chapel Blvd. at 171 - 211 W. Southlake Blvd. LEGAL DESCRIPTION: Lots 20R, 21 R, 22R1 and 23R, H. Granberry No. 581 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S-P-1" Detailed Site Plan District with "0-1" uses. PROPOSED ZONING: "S-P-1" Detailed Site Plan District with "0-1" uses to include Barber and Beauty Shops, including typical services associated with such establishments. HISTORY: - The property was annexed into the City in 1956 and given the "AG" Agricultural District zoning designation. (Ord. No. 041). - The "0-1" Office District zoning was placed on the property with approval of Zoning Ordinance No. 480 and the Official Zoning Map on September 19, 1989. - A Zoning Change and Site Plan (ZA16-057) from "0-1" Office District to "S-P-1" Detailed Site Plan District to allow construction of three single - story retail commercial buildings and five single -story office buildings totaling 51,638 square feet approximately on approximately 7.5 acres was withdrawn at first reading of City Council on November 1, 2016. - A Site Plan (ZA16-107) for four to five single -story office buildings totaling approximately 27,562 to 27,725 square feet on approximately 3.3 acres was approved by City Council January 17, 2017. - A Plat Showing (ZA16-106) for Lots 20-23, H. Granberry No. 581 Addition was approved by City Council January 17, 2017. - A Zoning Change and Site Plan (ZA17-015) to rezone Lots 20-23, H. Granberry No. 581 Addition, an approximately 4.1 acre property, from "0- 1 " Office District to "S-P-1 " Detailed Site Plan District to allow construction of three single -story retail commercial buildings totaling approximately 21,997 square feet was withdrawn on April 4, 2017. - A Zoning Change and Site Plan (ZA18-0004) from "0-1" Office District to "S-P-1" Detailed Site Plan District to allow construction of ten (10) single -story general and medical office buildings totaling approximately 64,676 square feet on approximately 7.5 acres. The five (5) southernmost buildings shown on Lot 20 are consistent with the Site Plan Option A that was approved for Lot 20 on January 17, 2017 (Case No. ZA16-107). A Zoning Change and Site Plan (ZA19-0042) for Southlake Commons, to Case No. Attachment A ZA21-0033 Page 1 add "Beauty Shop" with Salon and Spa Services with a suite -based concept only within Building 2 as a permitted use was approved September 17, 2019. SOUTH LAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Office Commercial which is defined in the Southlake 2035 plan as follows: Purpose and Definition: The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office -related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing 8' multi -use trail along W. Southlake Blvd. and future <8' sidewalk along S. White Chapel Blvd. The 5' sidewalk has been constructed along S. White Chapel Blvd. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site has direct access to W Southlake Blvd, a six -lane divided arterial with a minimum 130' to 140' of right of way and indirect access to S. White Chapel Blvd, which is shown on the Master Thoroughfare Plan as an undivided two-lane arterial with a minimum 88' of right of way. S. White Chapel Blvd. is constructed a four -lane divided arterial with center turn lanes adjacent to the subject property. Adequate right of way appears to exist for this project pending the TIA review. Traffic Impact A full TIA report was previously submitted and reviewed for this development. TREE PRESERVATION: There have been no changes to the previously approved Tree Conservation Plan, which showed 72.04% of the existing tree cover to be preserved. UTILITIES: Water There is an existing 12" water line along Southlake Blvd that serves this property. Sewer There is an existing 8" sanitary sewer line along the west property line that serves this property. Case No. Attachment A ZA21-0033 Page 2 DRAINAGE: Drainage is generally sheet flow from east to west to storm inlets on the property and from there it is piped to facilities on the Villas of Tuscan Creek property. CITIZEN INPUT: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION ACTION: May 20, 2021; Approved (5-0) subject to the staff report dated May 19, 2021 and Site Plan Review Summary No. 3 dated May 19, 2021 and noting the previously approved variances as set forth in the staff report. CITY COUNCIL ACTION: June 3, 2021; Approved at V Reading on consent (7-0). STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated May 19, 2021. The previous City Council motion for approval of a Zoning Change and Site Plan (ZA19-0042) for Southlake Commons, to add "Beauty Shop" with Salon and Spa Services with a suite -based concept only within Building 2 as a permitted use is below for reference: September 17, 2019; Approved at 2nd reading (6-1) (Shafi) subject to the staff report dated September 10, 2019, and Revised Site Plan Review Summary No. 2 dated September 10, 2019, and noting the following: - Accepting the SP-1 regulations presented in the staff report and noting that: - Beauty Shop with Salon and Spa Services with a suite -based concept, subject to a limitation of such use will be located only within Building 2 and a maximum of 6,000 square feet, - Fence Height: The required replacement of the existing wood fence on the southern boundary shall be allowed to exceed 8' in height, to match the height of the existing fence. - That unless noted in the staff report or part of this motion all previous SP-1 regulations and variances will remain. - The proposed hours of operation are Monday — Saturday, 9am-6pm. General Development Applies? Comments Standards Overlay Regulations Yes Subject to requirements of Corridor Overlay and Residential Adjacency Overlay Building Articulation Yes Complies Masonry Standards Yes Complies Impervious Coverage Yes "S--P-1" regulation added to allow impervious coverage of 67 /o Bufferyards Yes "S-P-1" regulation added to not require bufferyards on internal lot boundaries Case No. ZA21-0033 Attachment A Page 3 Interior Landscape Yes Complies subject to review comments being addressed Tree Preservation Yes Tree Conservation Plan approved with zoning request - complies with ordinance requirements Complies subject to removing the "existing" label from the Sidewalks Yes sidewalk shown along S. White Chapel Blvd. and constructing the sidewalk with the development. Case No. ZA21-0033 Attachment A Page 4 Vicinity lap 171-281 W. 5outhlake Blvd. wVRA LQ v, Iv8 LRQTY WAY �7ip' b 3 i .. • . - _ a �a RD) �EQOU LVL\B ars ESCUTNIA E �S�U7FILAkE A9 9lt'➢ W 5,L�LILA lL�9Uf0 is� n rs a aai • = A ,aa [}hj � Ou 5 �R �a tikn FIE 1i 2: ra) a R5 LAKE — k a pL F�n�r�t ZA21-0033 Zoning Change and Site Plan - 5outhlake Commons 0 400 920 1,840 Feet Case No. ZA21-0033 Attachment B Page 1 Case No.: ZA21-0033 SITE PLAN REVIEW SUMMARY Review No.: Three Project Name: Zoning Change and Site Plan — Southlake Commons APPLICANT: Martin Schelling Conifer Real Estate 260 Miron Dr. Ste. 108 Southlake, Texas 76092 Phone: (817) 343-7752 Email: martin(c�coniferre.com Date of Review: 05/19/21 OWNER: Martin Schelling Southlake Commons, LP 260 Miron Dr. Ste. 108 Southlake, Texas 76092 Phone: (817) 343-7752 Email: martin(a-)coniferre.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/19/21 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. Staff recommends providing a material sample board of all proposed fagade materials that are different from the existing buildings. Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100' if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces exceeds 200. A variance to allow stacking depths of approximately 70' on the W. Southlake Blvd. driveway, 74' on the north S. White Chapel Blvd. driveway and 18' on the south S. White Chapel Blvd. driveway was approved by City Council with the previous approval of Southlake Commons on June 5, 2018. Case No. Attachment C ZA21-0033 Page 1 General Informational Comments Staff recommends contacting Jerod Potts in the Planning and Development Services Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748-8195 or by e-mail at 0potts ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to South lakeSPIN.org. 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 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 fees 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. In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay 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 Impact Fees Guide to determine the fee amount. Denotes Informational Comment Case No. Attachment C ZA21-0033 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES d DOM 1101 200 SOUTHLAKE 4W 410 aoo 121 B00 475 465 4-05 425 355 01 231 M 351 '21 251 241 1,35 3 191 181 102 T 435 71 291 271 261 190 184 2 D1 ti a� 140 13,Er 132 128 1 124 116 112 148 1 M 140 F4 201 0 [V 0 _ O O M M 149 145 101 2 d 243 0� ry �n 234 O 10=5 0 cli fC c SPO # M Owner Zoning Physical Address Acreage Response 1. SUNTREE STATION LLC SP2 110 W SOUTHLAKE BLVD 0.90 NR 2. LAW, TIFFANY SF20A 105 LONDONBERRY TER 0.47 NR 3. RAI, ROHIT SF20A 300 SIR JOHNS CT 0.46 NR 4. WRIGHT, RANDALL SF20A 101 LONDONBERRY TER 0.51 NR 5. SIMON, ANDREA H SF20A 109 LONDONBERRY TER 0.55 NR 6. ALLEN, SEAN SF20A 108 LONDONBERRY TER 0.48 O 7. HYMAN, JOSEPHINE M SF20A 104 LONDONBERRY TER 0.46 NR 8. NMEM LTD SP1 190 S WHITE CHAPEL BLVD 0.95 NR 9. HOFFMAN, HOLLY L SF20A 100 LONDONBERRY TER 0.91 NR 10. DRAKE, KURT SF20A 112 LONDONBERRY TER 0.49 O 11. KESTER, PAIGE A SF20A 116 LONDONBERRY TER 0.48 NR 12. GHIA, JAYESH SF20A 124 LONDONBERRY TER 0.51 NR 13. KAUSHIK, REENA SF20A 120 LONDONBERRY TER 0.47 NR 14. FIRST FINANCIAL BANK 01 151 W SOUTHLAKE BLVD 1.62 NR 15. SOUTHLAKE COMMONS LP SP1 171 W SOUTHLAKE BLVD 1.23 NR 16. WHITE'S CHAPEL CEMETERY I CS 1121 S WHITE CHAPEL BLVD 1.72 NR 'C ETH CH W5 S WHII LVD 18. SUNTREE STATION LLC SP2 100 W SOUTHLAKE BLVD 7.75 NR 19. FIRST AMERICAN SAVINGS BANC SP2 222 W SOUTHLAKE BLVD 0.97 NR 20. BICENTENNIAL FIN CENTER LP SP2 250 W SOUTHLAKE BLVD 1.00 NR 21. 321 SOUTHLAKE BLVD REAL ESTATE 01 321 W SOUTHLAKE BLVD 0.11 NR 22. IMAM, ASHER 1 01 1321 W SOUTHLAKE BLVD 0.07 NR 23. PARKH ILL & WRIGHT LLC 1 01 1321 W SOUTHLAKE BLVD 0.07 NR Case No. Attachment D ZA21-0033 Page 1 24. TY SHAFER DDS PA 01 311 W SOUTHLAKE BLVD 0.08 NR 25. MAHALO INVESTMENTS LLC 01 301 W SOUTHLAKE BLVD 2.58 NR 26. MAHALO INVESTMENTS LLC 01 311 W SOUTHLAKE BLVD 0.11 NR 27. ATCC INVESTMENTS LLC 01 311 W SOUTHLAKE BLVD 0.08 NR 28. SOUTHLAKE COMMONS LP SP1 201 W SOUTHLAKE BLVD 1.35 NR 29. SOUTHLAKE COMMONS LP SP1 185 W SOUTHLAKE BLVD 3.42 NR 30. SOUTHLAKE COMMONS LP SP1 211 W SOUTHLAKE BLVD 1.53 NR 31. SOUTHLAKE, CITY OF CS 450 W SOUTHLAKE BLVD 79.58 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Twenty-five (25) Responses Received within 200': Three (3) — Attached NR: No Response Case No. ZA21-0033 Attachment D Page 2 Notification Response Form ZA21-0033 Meeting Date, May 20, 2021 at 6:30 PM WHITE'S cHAPEL METH CH 185 5 WHITE CHAPEL BLVD SOUTHLAKE, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: Date: Printed Name(s): Ss C Must pe property owner{&) whose name(s) are printed at top. Otherwise contact the Planning Department_ One form per property. Phone Number (optional): Case No. Attachment D ZA21-0033 Page 3 Notification Response Form ZA21-0033 Meeting Date: May 20, 2021 at 6:30 PM ALLEN, SEAN 108 LONDONBERRY TERR SOLITHLAKE, TX 76092 Direct questions and mail responses to -- City of Southiake Planning & Development Services Notification Response 1400 Main St, Ste 310 Southlake, TX 76D92 Phone: (817) 748-8621 Fax: (817) 748-8077 E-mail: rschell@ci.southlake.tx.us PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property So noted above, are hereby in favor of oppo/sedto undecided about (7 (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: c /IC(C�JZ C �!►'�uJY►Y G[1[�d G t (�C�✓,F G L��►^- Ld7 J/ 1 C /kV IJJAf 4t /7) D,f7 a -1 r4A / zy '�0'4vtm(Aj A" hi(Q�Jddwj( Q, IrlArk. y Ir re,r7GV�L/�� tej dy ,. teretid, A VC/4 tw",.- APA.e`�All&a— ignatUre: ��� Date: Additional Signature: Date Printed Name($): s Must be property owner(s) whose A11t� an�i�I✓� ft _ are punted at top. Otherwise contact the Planning department Phone Number (optional): One form per property. Case No. Attachment D ZA21-0033 Page 4 Notification Response Form ZA21-0033 Meeting Date: May 20, 2021 at 6:30 PM ❑RAKE, KURT 112 LONDONBERRY TERR SOUTHLAKE, TX 76092 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 E-mail: rschell@ci.southlake.tx.us PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of � posed tt undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: n�- I tire%l CLV'sY r 1 � i1 11 r ,i rict We ,1 f Signature:' !' ,� Date: Additional Signature: C ) `'h Date: Printed Name(s): i r -D r6L 'b-r .L Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department - One form per property Phone Number (Optional): Case No. Attachment D ZA21-0033 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-744B 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 20R, 21 R, 22R1 AND 23R, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 7.501 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 Case No. Attachment E ZA21-0033 Page 1 Site Plan District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a 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 Case No. Attachment E ZA21-0033 Page 2 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lots 20R, 21 R, 22R1 and 23R, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and being Case No. Attachment E ZA21-0033 Page 3 approximately 7.501 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: Case No. Attachment E ZA21-0033 Page 4 "S-P-1" Regulations approved with Ordinance No. 480-744 Detailed Site Plan (SP-1) District - Land Use and Development Regulations for Southlake Commons, on a 7.5 acre parcel on Southlake Blvd., just west of White Chapel Blvd. Southlake, Texas Zoning Case #: ZA18-0004 Prepared by Sage Group, Inc. April 27, 2018 This Detailed Site Plan (SP-1) district shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, and the City of Southlake Subdivision Ordinance No. 483, as amended. Development Regulations This property shall be subject to the development regulations for the "0-1" Office District, and all other applicable regulations with the following exceptions: 1) Minimum Side Building Setbacks shall be fifteen (15') feet, except that setbacks along internal property lines shall not be required. 2) Buffer Yards along internal lot lines shall not be required. 3) The maximum impervious coverage for the overall "SP-1" boundary shall be 67%; however, the maximum impervious coverage requirement shall not apply to individual lots within the boundary. 4) A shared parking, cross -access easement and shared maintenance agreement shall be required. Required parking for all built uses shall be provided within the "SP-1" boundary; parking requirements for individual lots shall not apply. 5) Parking Space Requirements: All Uses: One (1) space for each one -hundred eighty five (185) square feet of Net Leasable area. 6) Dumpster Enclosure Location: Dumpster enclosures shall be permitted as shown on the Site Plan. Page 1 of 3 Case No. Attachment E ZA21-0033 Page 5 Open Space Management Plan: Intended Usage: The common open space areas of the project are intended for the quiet enjoyment of the occupants within the development. All sidewalks are intended for pedestrian traffic, shall be kept in good condition, and accessible to the occupants and customers. Any significant changes to the plan must be approved by the City Council All Open Space shall be maintained by the property owners or the Property Owners Association (POA). All property owners shall be required to be a member of the POA. Dues assessments, required for the maintenance of the open space areas and other POA activities, shall be mandatory. The POA shall be responsible for the maintenance and operation of the open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the POA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the POA bylaws and Deed Restrictions, that in the unlikely event the POA fails to maintain all or a portion of the open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for such maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the POA or individual property owners that make up the POA, and may include administrative costs and penalties which shall become a lien on all property in the development. Page 2of3 Case No. Attachment E ZA21-0033 Page 6 Requested Variance The following variance is requested within the boundaries of this SP-1 district: 1. Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) regarding stacking depth, to allow the site to be served by the existing drives to and from the adjacent properties: • to minimum 70', for the existing entrance from FM-1709/ Southlake Blvd., • to minimum 74' for the northern entry off While Chapel Blvd. through the adjacent bank property, and • to minimum 18' for the southern entry off White Chapel Blvd. through the adjacent office development. Page 3 of 3 Case No. Attachment E ZA21-0033 Page 7 City Council motion at 2nd reading (Ord. No. 480-744): June 5, 2018; Approved at 211 reading (6-0) subject to the Staff Report dated May 29, 2018, and the Site Plan Review Summary No.3, dated May 29, 2018, and granting the following variance: - Driveway Ordinance No. 634, as amended, to allow the proposed stacking depths of approximately 70' on the West Southlake Boulevard driveway, 74' on the north South White Chapel Boulevard driveway, and 18' on the southernmost South White Chapel Boulevard driveway. These driveways are currently constructed. - Also noting, the applicant has agreed to install new fencing along the entire length of the south boundary that is adjacent to the residential homeowners and the fence posts will be viewed from the applicant's property, that being the north side of the fence; and - Accepting the applicant's revised elevations on Buildings 1-5, which match the Buildings 6-10 elevations. - Also noting, the applicant has agreed to provide the City access to create a public art display, as indicated tonight. - And noting that impervious coverage as a result of this public art display will not be considered in the total impervious coverage calculation. Site Plan Review Summary No.3, dated May 29, 2018 Planning Review Please make the following change to the Site Plan. a. Show and label the required 30' front building along S. White Chapel Blvd. and remove the 15' building line shown. b. The sidewalk along S. White Chapel Blvd. does not exist, so please remove "existing" from the label. Construction of the sidewalk will be required with the development. c. In the Site Data Summary chart, please change the existing zoning to "0-1" only as there is no "S-P-1" zoning on any of the property. 2. Please revise the label on the Site Plan for the 8' cedar fence w/cap on steel columns adjacent to the residential properties to the south to state that the steel columns are to be located on the north side of the fence. Also revise the fence detail on the landscape plans. 3. Please make the following changes regarding the elevations: a. Staff strongly recommends providing a material sample board with all exterior materials for the P&Z Commission and City Council meetings. 4. Provide a copy of an executed and recorded cross access, reciprocal parking and maintenance agreement prior to the issuance of any building permits. 5. Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100' if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces exceeds 200. The applicant is proposing stacking depths of approximately Case No. Attachment E ZA21-0033 Page 8 70' on the W. Southlake Blvd. driveway, 74' on the north S. White Chapel Blvd. driveway and 18' on the south S. White Chapel Blvd. driveway to allow the development to be served by the existing driveways to and from the adjacent properties. Provide easements for utilities and drainage per the approved construction plans. Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: If the development was proposed to be traditional zoning, the existing tree cover preservation would comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover is 6.30% and 70% of the existing tree cover would be required to be preserved. 72.04% of the existing tree cover is proposed to be preserved. 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 existing 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: 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; 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 Case No. Attachment E ZA21-0033 Page 9 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. 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 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: Eastern Red Cedar is being utilized as a Canopy Tree. The Landscape Ordinance lists Eastern Red Cedar as an Accent Tree. 2. There is a note in the Bufferyard Summary Chart that says "A canopy tree planted on the site must be a minimum of 4" in caliper." All of the canopy trees are specified to be 3" caliper. The Landscape Ordinance requires a minimum of 50% of the canopy trees to be 4" and 50% to be 2". 3. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part 111, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. Case No. Attachment E ZA21-0033 Page 10 3. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. 5. A revised TIA with the traffic counts based on the all office use has been submitted and it is under review by the City's consultant. INFORMATIONAL COMMENTS: * Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.citvofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre -construction, construction and post -construction erosion control measures. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Marshal Review GENERAL COMMENTS: No comments based on submitted information. General Informational Comments * A SPIN meeting was held on May 8, 2018. * 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. Case No. Attachment E ZA21-0033 Page 11 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 fees 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. In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay 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 Impact Fees Guide to determine the fee amount. Denotes Informational Comment Case No. Attachment E ZA21-0033 Page 12 "S-P-1" Regulations approved with Ordinance No. 480-744A Detailed Site Plan (SP-1) District - Land Use and Development Regulations for Southlake Commons, on a 7.5 acre parcel on Southlake Blvd., just west of White Chapel Blvd. Southlake, Texas Zoning Case #: ZA19-0042 Prepared by Sage Group, Inc. September 10, 2019 This Detailed Site Plan (SP-1) district shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, and the City of Southlake Subdivision Ordinance No. 483, as amended. All previous conditions of approval in Ordinance No. 480-744 remain in effect. Permitted Uses: This property shall be subject to the development regulations for the"O-1" Office District, and all other applicable regulations, with the following additional use permitted: 1. "Beauty Shop with Salon and Spa Services with a suite -based concept, subject to a limitation of such use will be located only within Building 2. Development Regulations: 1. Minimum Side Building Setbacks shall be fifteen (15') feet, except that setbacks along internal property lines shall not be required. 2. Buffer Yards along internal lot lines shall not be required. 3. The maximum impervious coverage for the overall "SP-1" boundary shall be 67%; however, the maximum impervious coverage requirement shall not apply to individual lots within the boundary. 4. A shared parking, cross -access easement and shared maintenance agreement shall be required. Required parking for all built uses shall be provided within the "SP-1" boundary; parking requirements for individual lots shall not apply. 5. Parking Space Requirements: All Uses: One (1) space for each one -hundred eighty five (185) square feet of Net Leasable area. Page 1 of 3 Case No. Attachment E ZA21-0033 Page 13 6. Dumpster Enclosure Location: Dumpster enclosures shall be permitted as shown on the Site Plan. 7. Fence Height: The required replacement of the existing wood fence on the southern boundary shall be allowed to exceed 8' in height, to match the height of the existing fence. Open Space Management Plan: Intended Usage: The common open space areas of the project are intended for the quiet enjoyment of the occupants within the development. All sidewalks are intended for pedestrian traffic, shall be kept in good condition, and accessible to the occupants and customers. Any significant changes to the plan must be approved by the City Council All Open Space shall be maintained by the property owners or the Property Owners Association (POA). All property owners shall be required to be a member of the POA. Dues assessments, required for the maintenance of the open space areas and other POA activities, shall be mandatory. The POA shall be responsible for the maintenance and operation of the open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the POA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the POA bylaws and Deed Restrictions, that in the unlikely event the POA fails to maintain all or a portion of the open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for such maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the POA or individual property owners that make up the POA, and may include administrative costs and penalties which shall become a lien on all property in the development. Page 2 of 3 Case No. Attachment E ZA21-0033 Page 14 Requested Variance The following variance is requested within the boundaries of this SP-1 district: 1. Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) regarding stacking depth, to allow the site to be served by the existing drives to and from the adjacent properties: • to minimum 70', for the existing entrance from FM-1709/ Southlake Blvd., • to minimum 74' for the northern entry off While Chapel Blvd. through the adjacent bank property, and • to minimum 18' for the southern entry off White Chapel Blvd, through the adjacent office development. Page 3 of 3 Case No. Attachment E ZA21-0033 Page 15 City Council motion at 2nd reading (Ord. No. 480-744A): September 17, 2019; Approved at 2nd reading (6-1) (Shafi) subject to the staff report dated September 10, 2019, and Revised Site Plan Review Summary No. 2 dated September 10, 2019, and noting the following: • Accepting the SP-1 regulations presented in the staff report and noting that: - Beauty Shop with Salon and Spa Services with a suite -based concept, subject to a limitation of such use will be located only within Building 2 and a maximum of 6,000 square feet. • Fence Height: The required replacement of the existing wood fence on the southern boundary shall be allowed to exceed 8' in height, to match the height of the existing fence. • That unless noted in the staff report or part of this motion all previous SP-1 regulations and variances will remain. • The proposed hours of operation are Monday — Saturday, 9am-6pm. Revised Site Plan Review No. 2 dated September 10, 2019: 1. Provide a copy of an executed and recorded cross access, reciprocal parking and maintenance agreement prior to the issuance of a Certificate of Occupancy for any building. 2. Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100' if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces exceeds 200. A variance to allow stacking depths of approximately 70' on the W. Southlake Blvd. driveway, 74' on the north S. White Chapel Blvd. driveway and 18' on the south S. White Chapel Blvd. driveway was approved by City Council with the previous approval of Southlake Commons on June 5, 2018 Provide easements for utilities and drainage per the approved construction plans. Tree Conservation/Landscape Review The tree protection and landscaping has not changed. Both conform to what was previously approved. Indicates informational comment. Public Works/Engineering Review No comments. Fire Department Review GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment E ZA21-0033 Page 16 General Informational Comments A SPIN meeting was held on August 13, 2019. 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 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 fees 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. In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay 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 Impact Fees Guide to determine the fee amount. Denotes Informational Comment Reserved for "S-P-1 " Regulations approved with Ordinance No. 480-744B Reserved for City Council motion (Ord. No. 480-744B): [*-1 *01:C Ll IPJ 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 Case No. Attachment E ZA21-0033 Page 17 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. 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 Case No. Attachment E ZA21-0033 Page 18 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 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 Case No. Attachment E ZA21-0033 Page 19 as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 1st day of June, 2021. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: CITY SECRETARY /_1»Y0]T/2107_ ato] 19A V►VA I_10119111xeL1IIva CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA21-0033 Page 20 Being described as Lots 20R, 21 R, 22R1 to the City of Southlake, Tarrant County, Nos. D219189742 and D220122473, approximately 7.501 acres. EXHIBIT "A" and 23R, H. Granberry No. 581 Addition, an addition Texas, according to the plats recorded as Instrument Plat Records, Tarrant County, Texas and being Case No. ZA21-0033 Attachment E Page 21 Reserved for approved plans Case No. Attachment E ZA21-0033 Page 22