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Item 7 - Staff ReportCase No. ZA23-0008 S T A F F R E P O R T September 15, 2023 CASE NO: ZA23-0008 PROJECT: Zoning Change and Site Plan for Southlake Marketplace EXECUTIVE SUMMARY: Kirkman Engineering, on behalf of SL Marketplace Partners LP is requesting approval of a Zoning Change and Site Plan for Southlake Marketplace located on a property described as Lots 5, 6, and 7, Block 1 of the Southlake Crossing Phase 2, City of Southlake, Tarrant County, Texas and located at 2001 – 2225 W Southlake Blvd., Southlake, Texas. Current Zoning: “C-3” General Commercial Zoning. Proposed Zoning: “S-P-1” Detailed Site Plan Zoning. SPIN Neighborhood #10. DETAILS: The property is located on the south side of W. Southlake Boulevard approximately 615 feet southeast of the intersection of W. Southlake Boulevard and Davis Boulevard. The purpose of this zoning change is to adopt a “S-P-1” Detailed Site Plan District with “C-3” General Commercial Zoning District uses. There are many proposed modifications throughout the parking field including lighting improvements, landscape improvements and construction of a new restaurant. With these adjustments, the impervious coverage is to remain the same and increase the number of parking stalls. The applicant is also proposing “Birdcall”, an approximately 2,600 SF drive-thru restaurant adjacent to W. Southlake Boulevard. The building will substantially conform to the elevations and rendering provided. “S-P-1” REGULATIONS REQUESTED: Impervious coverage should not exceed 75% in “C-3” zoning. Even with added parking and a new building, the applicant is retaining the existing impervious coverage of 77.92% by redesigning parking islands and realigning parking spaces throughout the site. The applicant is proposing 578 parking spaces where 561 spaces are provided currently. Development Regulations and the Site Plan show 710 spaces required based on gross floor area of 25,000 square feet for restaurant uses and 92,000 square feet for retail uses. It is staff’s estimate that the number of required spaces would be approximately 640 based on net floor area. The applicant is currently recalculating to confirm the required number of spaces based on net floor area and will provide exact numbers at the meeting. A Case No. ZA23-0008 variance from 640 to 578 parking spaces would be approximately 10% of the required parking spaces. The Corridor Overlay District requires “architecturally significant” columns. The regulations provide for the columns shown in the plans and rendering. The Landscape Plan shows minor variations. Two landscape islands are slightly narrower than required but are an existing condition. Also proposed is artificial grass in two areas with elevated foot traffic as reflected. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of the Zoning Change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 4, dated September 15, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-801 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative TIA Plans STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0008 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: SL Marketplace Partners LP PROPERTY SITUATION: 2001 – 2125 W Southlake Blvd, Southlake, TX 76092 LEGAL DESCRIPTION: 5, 6, and 7, Block 1 of the Southlake Crossing Phase 2 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-3” General Commercial PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: The subject property was annexed into the City of Southlake in 1957 per Ordinance 78. Zoning change from “AG” to “L-2” was approved in 1988. “C-3” General Commercial District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. On July 6, 1995, the Planning and Zoning Commission approved the Final Plat for Lots 5, 6, 7, and 8, Block 1 of the Southlake Crossing Phase II. In January 2000, the Site Plan for Southlake Marketplace was approved by City Council. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Retail Commercial. Purpose and Definition: The Retail Commercial category is a lower‐ to medium‐intensity commercial category providing 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 Per the Southlake Mobility Plan under the Pathways Plan, a greater than 8’ trail is required along the boundary of this property. This path currently Case No. Attachment A ZA23-0008 Page 2 exists. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The lots have direct access to Southlake Boulevard, a 130’ divided 6-lane Arterial Street. Traffic Impact A Traffic Impact Analysis (TIA) conducted by Lee Engineering was reviewed by Teague Nall and Perkins, Inc. (TNP) who have no reservations with the City’s acceptance of this study. The study focused on the impact of the proposed Birdcall Restaurant. The study estimates an additional 62 mid-day peak hour one-way trips and 36 evening peak hour one-way trips. It is estimated the entire Southlake Marketplace development sees approximately 7,200 trips per day in total. TREE PRESERVATION: There is 41% of existing tree cover on the site, and a minimum of 50% of the existing tree cover is required to be preserved. A maximum of 13.6% is proposed to be removed, and a minimum of 86.40% is proposed to be preserved. UTILITIES: The site is served by an 6-inch Sanitary Sewer Line and an 12-inch Water Main. CITIZEN INPUT: This project was heard at SPIN or by the Corridor Planning Committee. STAFF COMMENTS: Attached is the Site Plan Review Summary No. 4, dated September 15, 2023. Case No. Attachment B ZA23-0008 Page 1 Case No. Attachment D ZA23-0008 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA23-0008 Review No.: Four Date of Review: 09/15/2023 Project Name: Site Plan & Zoning Change – Southlake Marketplace APPLICANT: OWNER: Kirkman Engineering - Sydney Foster Sl Marketplace Partners LP – Buck Wheeler 5200 State Highway 121 4809 Cole Ave., STE 330 Southlake, TX 75062 Dallas, TX Phone: 817-488-4969 Phone: 214-960-2818 Email: Sydney.foster@truske.com Email: buck@shopcompanies.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/13/23 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 REAGAN ROTHENBERGER AT (817) 748-8602. 1. Parking is being calculated by the gross floor area of the buildings which causes a higher number of parking spaces than what would normally be required. Recalculate based on net floor area. Staff estimates a parking need of approximately 640 parking spaces instead of 710. Please provide an accurate calculation of net floor area to determine actual need. • It is noted that S-P-1 regulations permit an Impervious Coverage of 77.92% and 578 parking spaces, both variations from the Zoning Ordinance but are existing conditions of the site. A variance to the Landscape Ordinance is noted. A regulation permitting the proposed columns on the Birdcall Building is noted. Elevations are simpler in nature. The building shall generally conform the elevations and renderings provided. Case No. Attachment D ZA23-0008 Page 3 Tree Conservation/Landscape Review 1. Although the existing trees proposed to be removed are required landscaping planted to comply with the Landscape Ordinance requirements, the proposed tree preservation complies with the existing tree cover preservation requirements of the Tree Preservation Ordinance. There is 41% of existing tree cover on the site, and a minimum of 50% of the existing tree cover is required to be preserved. A maximum of 13.6% is proposed to be removed, and a minimum of 86.40% 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: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; Case No. Attachment D ZA23-0008 Page 4 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. LANDSCAPE COMMENTS: 1. The two proposed parking landscape islands on the west side of the proposed new building, and the reconfigured island in the northwest corner of Lot 7, Block 1 are narrower than the minimum required width. All new parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to-edge if no curb is intended and shall be equal to the length of the parking stall. SP1 Regulations Noted 2. The reconfigured parking landscape islands are proposed to contain turf grass. All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses, or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. SP1 Regulations Noted * The square footage of the proposed building is less than 30% of the square footage of the existing building, and less than 5,000 square feet. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements herein only as it pertains to the square footage of the new construction. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment D ZA23-0008 Page 5 Public Works/Engineering Review GENERAL COMMENTS: No Comments Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment D ZA23-0008 Page 6 Fire Department Review 1. If the occupancy is classified as an “A-2” restaurant, an automatic fire suppression system will be required if the fire area exceeds 5,000 square feet or a total occupant load of 100 or more persons. Also, an automatic fire alarm system will then be required to monitor the fire suppression system. Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment D ZA23-0008 Page 7 General Informational Comments * The Development Review Committee (DRC) has determined that this pre-submittal is sufficient for formal consideration by the Planning and Zoning Commission (P&Z). A formal submittal must be received at the City by 5:00 P.M. on by the submittal deadline shown on the City’s approved submittal and meeting schedule. A pdf of each plan must be submitted. * 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. * 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 D ZA23-0008 Page 8 General Informational Comments * The Development Review Committee (DRC) has determined that this pre-submittal is sufficient for formal consideration by the Planning and Zoning Commission (P&Z). A formal submittal must be received at the City by 5:00 P.M. on by the submittal deadline shown on the City’s approved submittal and meeting schedule. A pdf of each plan must be submitted. * 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. * 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 D ZA23-0008 Page 9 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 SAN DIEGO RENTALS LLC C3 1959 W SOUTHLAKE BLVD 1.06 NR 2 KICKAPOO INVESTMENTS LTD C2 2000 W SOUTHLAKE BLVD 0.46 NR 3 SL MARKETPLACE PARTNERS LP C3 2025 W SOUTHLAKE BLVD 1.02 NR 4 PROSPEROUS FUTURE, LLC C3 1957 W SOUTHLAKE BLVD 0.00 NR 5 HCCP PROPERTY PARTNERS LLC C3 170 PLAYERS CIR 0.15 NR 6 SOUTHLAKE, CITY OF SP1 2100 W SOUTHLAKE BLVD 0.62 NR 7 BARGER EQUITY GROUP LLC C3 220 PLAYERS CIR 0.80 NR 8 COMPASS BANCSHARES INC C2 2200 W SOUTHLAKE BLVD 0.15 NR 9 250 PLAYER CIRCLE LLC C3 250 PLAYERS CIR 2.06 NR 10 SLM DUNHILL LLC C3 2155 W SOUTHLAKE BLVD 1.08 NR 11 STORE MASTER FUNDING XIV LLC SP1 2201 W SOUTHLAKE BLVD 3.37 NR 12 HILL, CURTIS B SF20A 515 INDIAN PAINTBRUSH WAY 0.39 NR Case No. Attachment D ZA23-0008 Page 10 13 HAFEEZ, ABDUL SF20A 519 INDIAN PAINTBRUSH WAY 0.54 NR 14 HAIDER, MAUNAWAR SF20A 523 INDIAN PAINTBRUSH WAY 0.55 NR 15 BROWN, MICHAEL SF20A 1900 SHOOTING STAR LN 0.46 NR 16 THILL, THOMAS C SF20A 1904 SHOOTING STAR LN 0.45 NR 17 SPRINGS, WILLIAM A SF20A 1908 SHOOTING STAR LN 0.44 NR 18 CHANG, CHENG SF20A 527 INDIAN PAINTBRUSH WAY 0.52 NR 19 FRASER, TONYA SF20A 1912 SHOOTING STAR LN 0.17 NR 20 SHARMA, VIPIN SF20A 1903 SHOOTING STAR LN 0.04 NR 21 SOLEDAD, KING SF20A 1905 SHOOTING STAR LN 0.03 NR 22 IQBAL, AHMED SF20A 1909 SHOOTING STAR LN 0.46 NR 23 CRAFTON, ADAM L SF20A 601 INDIAN PAINTBRUSH WAY 0.45 NR 24 FRITZ, MARK RICHARD SF20A 600 INDIAN PAINTBRUSH WAY 0.54 NR 25 PARR, JOSEPH SF20A 520 INDIAN PAINTBRUSH WAY 0.51 NR 26 IVEY, BRIAN SF20A 524 INDIAN PAINTBRUSH WAY 0.50 NR 27 SURAVARAM, SMITHA SF20A 516 INDIAN PAINTBRUSH WAY 0.74 NR 28 MYERS MEADOW HOMEOWNERS ASSN RPUD 100 MEADOWLARK LN 10.78 NR 29 HOLIDAN INVESTMENTS INC C2 2210 W SOUTHLAKE BLVD 1.04 NR 30 SHAW, JACK A SF20A 511 INDIAN PAINTBRUSH WAY 0.56 NR 31 BLUE PEACHES LLC C3 251 PLAYERS CIR 0.98 NR 32 POREDDY, KALPANA SF20A 1916 SHOOTING STAR LN 0.61 NR 33 SLM DUNHILL LLC C3 2225 W SOUTHLAKE BLVD 2.63 NR 34 OKAFO, NNEKA TZD 300 WINDING RIDGE TRL 0.30 NR 35 MYERS MEADOW HOMEOWNERS ASSN RPUD 1970 W SOUTHLAKE BLVD 4.22 NR 1000 SLM DUNHILL LLC C3 2001 W SOUTHLAKE BLVD 2.40 U 1001 SLM DUNHILL LLC C3 2055 W SOUTHLAKE BLVD 0.82 U 1002 SLM DUNHILL LLC C3 2101 W SOUTHLAKE BLVD 9.11 U Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Thirty-eight (38) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: Case No. Attachment E ZA23-0008 Page 1 SURROUNDING PROPERTY OWNERS’ RESPONSES None Received by 9/15/2023 Case No. Attachment F ZA23-0008 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-804 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON LOTS 5, 6, AND 7, BLOCK 1 OF THE SOUTHLAKE CROSSING PHASE 2, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-3” GENERAL COMMERCIAL 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 “C-3” GENERAL COMMERCIAL ZONING DISTRICT under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA23-0008 Page 2 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 rights of those who bought or improved property with reference to the classification which existed Case No. Attachment F ZA23-0008 Page 3 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 … as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any conditions Case No. Attachment F ZA23-0008 Page 4 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 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 Case No. Attachment F ZA23-0008 Page 5 those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed 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 Case No. Attachment F ZA23-0008 Page 6 of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of _____, 2023. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ Case No. Attachment F ZA23-0008 Page 7 CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA23-0008 Page 8 EXHIBIT “A” Lots 5, 6, and 7, Block 1 of the Southlake Crossing Phase 2, City of Southlake, Tarrant County, Texas Case No. Attachment F ZA23-0008 Page 9 EXHIBIT “B” Reserved for previously approved Site Plan