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Item 6C - Staff ReportCase No. ZA23-0073 S T A F F R E P O R T April 9, 2024 CASE NO: ZA23-0073 PROJECT: Zoning Change and Site Plan for Tommy’s Carwash EXECUTIVE SUMMARY: Tanner Brandt, Christianson Companies, is requesting approval of a Zoning Change and Site Plan for Tommy’s Carwash located on a property described as Lot 13, Block 3R of the Cimmarron Acres Addition, City of Southlake, Tarrant County, Texas and located at 101 N Pearson Ln., Southlake, Texas. Current Zoning: “C-2” Local Retail Zoning. Requested Zoning: “S-P-2” Generalized Site Plan Zoning with “C-2” Local Retail Zoning District uses and a self-service car wash. SPIN Neighborhood #11. DETAILS: The property is located at the northeast corner of W. Southlake Boulevard and N. Pearson Ln. A Concept Plan was approved (ZA05-104) proposing an 18,000 square-foot retail building. The purpose of this request is to seek a zoning change and site plan approval for a self-service car wash. The applicant is requesting approval of a “S-P-2” Generalized Site Plan while maintaining “C-2” uses with self-service car wash permitted by right. The operating hours will be 7am to 9pm, seven days a week. A noise study was provided that shows the car wash would be within the ordinance requirements with appropriate mitigation and 8’ masonry wall as proposed. The 2.33-acre site is divided into two sections and combines a self-service carwash with a conceptual future retail component. The eastern portion of the lot is proposed for the self-service car wash, consisting of a 4,625 square-foot car wash tunnel, 14 vacuum bays and 7 parking spaces. The western portion of the lot is conceptually proposed to be an approximately 7,000 square-foot retail building, with timing and construction uncertainty acknowledged by the applicant. The western portion of the lot will require Site Plan approval at a future date. The property will have two points of access for traffic circulation, including a primary access point on W. Southlake Blvd, and one access point on N. Pearson Lane. A variance for the driveway separation from Southlake Boulevard was approved with ZA05-104. Case No. ZA23-0073 Site Data Table ACTION NEEDED: 1) Conduct Public Hearing 2) Consider 2nd Reading of the Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 3, dated March 15, 2024 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-812 PowerPoint Presentation Narrative TIA Plans Approved Plat ZA05-104 Approved Memo & Plans P&Z Commission Public Comment Cards STAFF CONTACT: Katasha Smithers (817) 748-8281 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0073 Page 1 BACKGROUND INFORMATION APPLICANT: Tanner Brandt, Christianson Companies OWNER: Pearson 1709 LTD PROPERTY SITUATION: 101 N Pearson Lane, Southlake, TX 76092 LEGAL DESCRIPTION: Lot 13, Block 3R of the Cimarron Acres Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-2” Local Retail Commercial PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: In July 1984, the City Council approved the final plat for Cimmarron Acres Addition with Light and Heavy Commercial District while in the ETJ. The subject property was annexed into the City of Southlake in August 1984 per Ordinance 297. “C-2” Zoning was placed on the lots with frontage on W. Southlake Blvd by adoption of the Zoning Ordinance No 480 on September 19, 1989. On October 15, 1996, the City Council approved a plat revision of Lots 5 & 6. In May 2005, the City Council approved a plat revision involving Lots 5R1- 5R5, 6R1 & 6R2, Block 3. In July 2005, the Plat Revision for Lots 7-13, Block 3R of the Cimarron Acres Addition was approved by the City Council. Lot 6R2, Block 3 was replatted to Lot 13, Block 3R. In October 2005, the City Council approved a concept plan for a proposed one-story, approximately 18,000 square-foot retail building. (ZA05-104) 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 Case No. Attachment A ZA23-0073 Page 2 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 The pathways plan calls for a <8 sidewalk along the Pearson Lane portion of the property. An existing >8’ multi-use trail exists along the W. Southlake Boulevard frontage. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property is located at the northeast corner of N. Pearson Ln. and W. Southlake Blvd. • Pearson Lane is a 3-lane undivided roadway with 70’ of right of way. • Southlake Blvd. is a 6-lane divided roadway with 130’-140’ of right of way. Traffic Impact A Traffic Impact Analysis (TIA) was provided by the applicant and was reviewed by Kimley Horn, who has no reservations with the City’s acceptance of the TIA. The study provides that the new development will generate approximately 112 new weekdays AM peak hour one-way vehicle trips and 384 new weekday PM peak hour one-way vehicle trips. TREE PRESERVATION: There is 0.07% of existing tree cover on the property and a minimum of 70% is required to be preserved. A maximum of 79% of the existing tree cover is proposed to be removed and 21% is proposed to be preserved within the western proposed Concept Plan area. 100% is proposed to be removed within the Site Plan area. 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; Case No. Attachment A ZA23-0073 Page 3 iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: Sewer There is an existing 8-inch Sanitary Sewer Line along N Pearson Lane and a 6-inch Sanitary Sewer Line along the north side of the property. Water There is an existing 20-inch Water Main along W. Southlake Blvd., and a 30-inch & 16-inch Water Main on the north side of the property. DRAINAGE: Drainage on the property is to be captured into a private storm drain system and routed into an underground detention system. The underground detention will discharge into the existing channel along the western side of the property. VARIATIONS REQUESTED: Ordinance No. 480, Section 43.9 (c)(b) requiring a building less than 6,000 square feet to be constructed with a pitched roof. The applicant proposes a curved ridge with two towers and a portion of a flat roof. Ordinance No. 480, as amended, Section 43.13 (a)(7), requiring trash and recycling receptacles to be no closer than 50’ to single-family residential property. The applicant is requesting the trash receptacle to be located 23’ from the property line. Ordinance No. 480, Section 42.4, the north landscape bufferyard is required to be 10’. The applicant plans to plant shrubs in the landscape buffer area, positioned away from the City's 30-inch water main. This variance is recommended by Southlake Public Works as this line needs continuous maintenance. Ordinance No. 480, Section 42.4, the south landscape bufferyard is required to be 20’. The applicant is proposing a 17’ landscape buffer with 3 large canopy trees, 6 ornamental trees 51 shrubs. Ordinance No. 480, Section 42.4, the west landscape bufferyard is required to be 10’. The applicant proposes not to provide landscape adjacent to N. Pearson Lane and will do so upon development of the commercial retail portion. Case No. Attachment A ZA23-0073 Page 4 VARIANCES REQUESTED: Variance to Tree Preservation Ordinance No. 585- E, Section 7.2 requires a minimum of 70% of tree cover to be preserved. The applicant is removing every tree within the S-P-1 site as the trees are within the build pad, access easement, and parking area. Variance to Driveway Ordinance No. 634, Section 5, requiring driveway separation of 250’ for the west driveway from Southlake Blvd. A Variance was granted for this site with case ZA05-104 and the driveway is proposed to be maintained in the same location. CITIZEN INPUT: The following meetings were held to discuss the development: The Corridor Planning Committee meeting for this project was held on January 18, 2023, and October 23, 2023. The SPIN meeting was held on February 15, 2023. PLANNING AND ZONING COMMISSION ACTION: March 21, 2024; APPROVED (4-1) (Forman), Subject to Staff Report dated March 15, 2024, and Zoning Change and Site Plan Review Summary No. 3, dated March 15, 2024. CITY COUNCIL ACTION: April 2, 2024; APPROVED (6-0) the 1st Reading of the item; subject to Staff Report dated March 26, 2024 and Site Plan Review No. 3, dated March 15, 2024. STAFF COMMENTS: Attached is the Zoning Change and Site Plan Review Summary No. 3, dated March 15, 2024. Case No. Attachment B ZA23-0073 Page 1 Case No. Attachment C ZA23-0073 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA23-0073 Review No.: Three Date of Review: 03/15/24 Project Name: Zoning and Site Plan – Tommy’s Car Wash APPLICANT: OWNER: Tanner Brandt, Christianson Companies Michael Hopkins 4609 33rd Avenue S Suite 400 Fargo, ND Phone: 701-499-3936 Phone: Email: tanner@christiansoncompanies.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/06/24 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 KATASHA SMITHERS AT (817) 748-8281. 1. Update the site plan data table with the following: - Update the square-footage of the structure to 4,625 per building footprint indicated on plans. - If needed, update the lot coverage calculations based on the building square footage. - Update the start/end of construction to match the narrative. - Update parking to be 21 per site plan. Modify all other plans regarding the square footage. 2. Update the site plan sheet as follows: - Remove Concrete pavement wording within the proposed landscape buffer. - Label the bufferyards. 3. Update the narrative to reflect the appropriate variances being requested. 4. Include a legend with the utility plan that includes FH = Fire Hydrant, etc. 5. All lighting must comply with Lighting Ordinance No. 693, as amended regarding type of lighting, intensity, glare and spill-over. Adjust the lighting plan to include the height of the light fixtures. It appears that the lighting does not meet the ordinance at the property line. A variance must be requested or, at time of construction the lighting must be in compliance. 6. Driveway Ordinance No. 634, as amended, requires full access driveways along Pearson Lane to be a minimum of 250’ from the intersection of W. Southlake Blvd. Approximately 240’ is provided. (Variance Required) Case No. Attachment C ZA23-0073 Page 2 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: * The applicant is requesting a variance to the Tree Preservation Ordinance Existing Tree Cover Preservation Requirements. If the development was proposed as traditional zoning the proposed existing tree cover preservation would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The 21% of existing tree cover that is proposed to be preserved is within the western portion of the property which is a concept for future development and would most likely be removed in the future. There is 0.07% of existing tree cover on the property and a minimum of 70% is required to be preserved. A maximum of 79% of the existing tree cover is proposed to be removed and 21% is proposed to be preserved within the western proposed Concept Plan area. 100% is proposed to be removed within the Site Plan area. * 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 Case No. Attachment C ZA23-0073 Page 3 maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * 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: * There is a 20’ Utility Easement along the north property line which contain public utilities leading into the City water tank facility. The required bufferyard plant material may not be able to be placed within the easement. The applicant is providing a hedgerow of shrubs along the proposed screening wall but other larger plant material should not be planted within the easement. 1. Label all required bufferyard on the Site Plan and Landscape Plan 2. Correct the floor area of the building in the Site Plan Site Data Table and within the Interior Landscape Summary Chart. 3. The full 20’ width of the required south bufferyard is not being provided for the full length of the bufferyard. The narrowest parts are approximately 17’ wide. The proposed parking and interior access drive is within the south 20’ – O bufferyard. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. 4. The west buffeeryard is required to be provided along the west property line adjacent to Pearson Lane, not in the middle of the property. Case No. Attachment C ZA23-0073 Page 4 * 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 C ZA23-0073 Page 5 Public Works/Engineering Review GENERAL COMMENTS: 1. Sidewalk is required along the street frontage of Pearson. Please show and label the proposed sidewalk. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Fire Department Review Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW). Lorenzo Chavez Fire Inspector Phone: (817) 748-8671 E-mail: lchavez@ci.southlake.tx.us General Informational Comments * No review of proposed signs is intended with this site plan. A separate 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 Revision 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 D ZA23-0073 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 SOUTHLAKE, CITY OF SF1-A 3225 JORDAN DR 0.83 NR 2 SOUTHLAKE, CITY OF SF1-A 3215 JORDAN DR 0.63 NR 3 SOUTHLAKE, CITY OF SF1-A 3255 JORDAN DR 1.05 NR 4 SOUTHLAKE, CITY OF SF1-A 3125 JORDAN DR 0.00 NR 5 SOUTHLAKE, CITY OF CS 3200 W SOUTHLAKE BLVD 1.25 NR 6 SOUTHLAKE PSE INC C2 3119 W SOUTHLAKE BLVD 0.07 NR 7 BSR REAL ESTATE LLC SP1 3220 W SOUTHLAKE BLVD 0.36 NR 8 LENNA LLC C2 3280 W SOUTHLAKE BLVD 0.33 NR 9 RANSDELL, TYLER J RPUD 100 SURREY CT 0.42 NR 10 NAVARO, DONALD J RPUD 110 SURREY CT 0.52 NR 11 CHESAPEAKE PLACE HOA RPUD 121 S PEARSON LN 0.18 NR 12 WRIGHT, ROSE RPUD 105 SURREY CT 0.57 NR 1000 PEARSON 1709 LTD C2 101 N PEARSON LN 2.35 F Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses Received within 300’: In Favor: 1 Opposed: 0 Undecided: 0 No Response: 12 Responses Received outside 300’: In Favor 4 Opposed: 0 Undecided: 0 P&Z Commission Comment Cards: In Favor 2 Opposed 4 Case No. Attachment D ZA23-0073 Page 2 SURROUNDING PROPERTY OWNERS’ RESPONSES Case No. Attachment E ZA23-0073 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-812 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON LOT 13, BLOCK 3R OF THE CIMARRON ACRES, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-2” LOCAL RETAIL DISTRICT TO “S-P-2” GENERALIZED 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-2” LOCAL RETAIL ZONING DISTRICT under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment E ZA23-0073 Page 2 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 at the time their original investment was made; and, Case No. Attachment E ZA23-0073 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 … 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 SECTION 2. Case No. Attachment E ZA23-0073 Page 4 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 those instances where provisions of those ordinances are in direct conflict with the provisions of Case No. Attachment E ZA23-0073 Page 5 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 of any of its provisions, then the City Secretary shall additionally publish this ordinance in the Case No. Attachment E ZA23-0073 Page 6 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 _____, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Case No. Attachment E ZA23-0073 Page 7 DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-0073 Page 8 EXHIBIT “A” Lot 13, Block 3R of the Cimarron Acres, City of Southlake, Tarrant County, Texas Case No. Attachment E ZA23-0073 Page 9 EXHIBIT “B” Reserved for approved Site Plan