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Item 7A - Staff ReportCITY 4F S0UTHLA1<,,,,E Department of Planning & Development Services STAFF REPORT May 28, 2024 CASE NO: ZA24-0018 PROJECT: Zoning Change and Site Plan for Tom Thumb Gasoline Service Station & Convenience Store EXECUTIVE SUMMARY: David Hardin with Albertsons and Brad DeMeyer with CSHQA, are requesting approval of a Zoning Change and Site Plan for Tom Thumb Gasoline Service Station & Convenience Store, to include a variance to Masonry Ordinance No. 557, as amended, at property described as Lot 4R, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 110 W. Southlake Blvd., Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District with limited "C-3" Uses. Requested Zoning: "S-P-1" Detailed Site Plan District with limited "C-3" Uses. SPIN Neighborhood: #7. DETAILS: The property is located at the northwest corner of the W. Southlake Blvd. and N. White Chapel Blvd. intersection, south of the Tom Thumb grocery store. The purpose of this request is to convert the former Texaco establishment into a Tom Thumb Gasoline Service Station & Convenience Store. The applicant seeks to rezone the property to an "S-P-1" Zoning District to accommodate the Tom Thumb Gasoline Service Station & Convenience Store and drive -up ATM service. Significant improvements to the facade, roof structure materials, and canopy are also proposed, though requested to be approved as shown. The car wash will be removed from the site in favor of the new drive-thru ATM. In February of 1991, City Council approved a request for a zoning change to "S-P- 2" Generalize Site Plan district with a base zoning district of "C-3". The gasoline station, convenience store, and car wash have since ceased operations. Between the time of the initial zoning of the site in 1991 to include "C-3" Regional Retail District uses, Gasoline Service Stations have since been required to obtain a Specific Use Permit. The applicant has proposed "S-P-1" Detailed Site Plan District zoning to allow the uses as presented by right. Case No. ZA24-0018 The Site Data Summary Chart is provided herein: SITE DATA SUMMARY LOT 4R EXISTING CONDITIONS EXISTING ZONING SP-2 PROPOSED ZONING SP-2 LAND USE DESIGNATION RETAIL/COMMERCIAL 0.853 AC 0.853 AC GROSS/NET ACREAGE 37,144 SF 37,144 SF NUMBER OF PROPOSED LOTS 1 1 PERCENTAGE OF SITE COVERAGE 8.20% #VALUE( AREA OF OPEN SPACE 9,422 SF 9,489 SF PERCENTAGE OF OPEN SPACE 25.37% 25.55% AREA OF IMPERVIOUS COVERAGE 27,722 SF 27,655 SF PERCENTAGE OF IMPERVIOUS COVERAGE 74.63% 74.45% (GROSS BUILDING AREA 3,046 SF 3,592 SF (NUMBER OF STORIES 1 1 (MAXIMUM BUILDING HEIGHT 35-0" 35-0" PROPOSED FLOOR AREA 3,046 SF 3,592 SF PROPOSED FLOOR AREA BY USE TOTAL 3,046 SF 3,592 SF STORAGE AREA 491 SF UNKNOWN TOTAL 2,555 SF PKNG. RATIO PROV. @ 11200 PKNG. RATIO PROV. @ 1/200 REQUIRED PARKING 11 SPACES 18 SPACES PROVIDED PARKING STANDARD 14 SPACES 17 SPACES OFF -SITE STANDARD (PARK PROPERTY) HANDICAP 1 SPACES 1 SPACES TOTAL 15 SPACES 18 SPACES REQUIERD LOADING SPACES PROVIDED LOADING SPACES AREA OF OUTSIDE STORAGE PERCENTAGE OF OUTSIDE STORAGE ANTICIPATED SCHEDULE OF DEVELOPMENT CONSTRUCTION START DATE: Jun-24 CONSTRUCTION END DATE: Sep-24 VARIANCES REQUESTED: A Variance to Ordinance No. 557, as amended, is requested. The fagade materials labelled E1 and E2 "Stucco Finish Panel" on the elevations for the building do not meet the requirements as stucco, though it will have the appearance of stucco. The applicant contends that the roof of the structure is not designed for the weight of masonry material. DEVELOPMENT REGULATIONS: • The building would not meet Building Articulation requirements and Roof Design Standards of the Corridor Overlay, Section 43.9. The building is an existing building. • Gasoline Fuel Center with Convenience Store, as shown on the Site Plan and elevations. • Allow for drive -up ATM. • Buffer Yards landscaping other than shown on the Landscape Plan shall not be required. Case No. ZA24-0018 ACTION NEEDED: 1) Consider First Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated May 28th, 2024 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-816 Full Size Plans (for Commission and Council members only) STAFF CONTACT: PowerPoint Presentation Narrative Plans Ordinance No. 480-816 Peyton Sherman Dennis Killough (817) 748-8269 (817) 748-8072 Case No. ZA24-0018 BACKGROUND INFORMATION APPLICANT: Albertsons Companies/ CSHQA OWNER: Suntree Station LLC PROPERTY SITUATION: 110 W. Southlake Blvd. LEGAL DESCRIPTION: Lot 4R, L.G.B. Hall Addition No. 686 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S-P-2" Generalized Site Plan District PROPOSED ZONING: "S-P-1" Detailed Site Plan District, with limited "C-3" Uses HISTORY: - The property was incorporated into the City in 1956. - A Zoning Change (ZA90-066) from "C-2" Local Retail District to "S-P-2" Generalized Site Plan District with "C-3" Uses was approved February 5, 1991. - A Zoning Change and Site Plan (ZA98-156) from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for the Tom Thumb Center was approved February 2, 1999. Gasoline Service Station & Convenience Store remained in the former "S-P-2" Generalized Site Plan District. - A Zoning Change and Concept/Site Plan (ZA21-0059) was proposed to redevelop the lot into a 4,700 square foot multi -tenant retail building with a drive-thru. Though approved by the Planning & Zoning Commission (6-0), City Council denied the item (4-3) at the items first reading. 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. Case No. Attachment C ZA24-0018 Page 1 Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows existing >_8' multi -use trails along W. Southlake Blvd. and N. White Chapel Blvd. and those sidewalks are in place. TRANSPORTATION ASSESSMENT: The site currently has three (3) driveways onto W. Southlake Blvd. and three (3) driveways onto N. White Chapel Blvd. No changes are proposed to the existing driveway approaches. The proposal does not meet the thresholds for a Traffic Impact Analysis. UTILITIES: Sewer The subject property will connect to the existing 8" sewer line servicing the shopping center. Water There is an existing 20-inch Water Main along W. Southlake Blvd., and a 12- inch Water Main on the eastern side of the property along N. White Chapel Blvd. DRAINAGE: Drainage on the property is to be captured by the shopping center. CITIZEN INPUT: The following meetings were held to discuss the development: The SPIN meeting was held on March 26t", 2024. The Corridor Planning Committee meeting for this project was held on March 27t", 2024. PLANNING AND ZONING COMMISSION: May 23, 2024: APPROVED (5-0), subject to Staff Report dated May 17, 2024, and Site Plan Review Summary No. 2 dated May 17, 2024, and noting the applicant's willingness to change the doors to the trash enclosure to a solid type rather than a louver. The applicant has revised the plans for the trash enclosure. STAFF COMMENTS: Attached is the Site Plan Review Summary No. 3, dated May 28th, 2024. Case No. Attachment C ZA24-0018 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA24-0018 Project Name: Tom Thumb Gas Station APPLICANT: Albertsons Companies/ CSHQA David Hardin 2401 E. Randol 300, Arlington, TX 76011 Phone: (832) 457- 3032 Email: brad.demever(a)cshoa.com Review No.: Three Date of Review: 05/28/24 Owner: Suntree Station LLC 3247 Sante Fe Rd., Park City, UT 84098 Park City, UT 84098 Phone: (801) 869-1826 Email: sbrozo(a,phill ipsedison.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/08/24 and 5/24/2024 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 PEYTON SHERMAN AT (817) 748-8269. Peyton Sherman Planner (817) 748-8269 Psherman(a)citvofsouthlake.com 1. The building would not meet Building Articulation requirements and Roof Design Standards of the Corridor Overlay, Section 43.9. (The development regulations note this is an existing building.) 2. A Variance to Ordinance No. 557, as amended, is requested. The fagade material labelled E1 and E2 "Stucco Finish Panel" on the elevations for the building does not meet the requirements as stucco, though it will have the appearance of stucco. (Variance Requested) Case No. Attachment C ZA24-0018 Page 3 Tree Conservation/Landscape Review Case No. ZA24-0018 Review No. Two Dated: Mav 8th, 2024 Number of Pages: Project Name: Tom Thumb Gas Station (Zoning/Site Plan) Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713 The following comments are based on the review of plans received on April 15, 2024. Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. No existing trees are proposed to be removed. 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: * The existing landscaping is proposed to be upgraded with additional canopy trees, accent trees, and shrubs. * Since no square footage is proposed to be added to the existing structure no additional landscape area, bufferyards, or plant material is required to be provided. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA24-0018 Page 4 Engineering/Public Works Review Review No. 1 Date: 05/08/2024 Case No. ZA24-0018 Zoning/Site Plan Project Name: Tom Thumb Gas Station Contact: Sandy Endy, P.E. Email: sendv(abci.south lake.tx.us Phone: (817) 748-8033 The following comments are based on the review of plans received on: 4/17/2024 It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. UTILITY COMMENTS: The existing domestic water tap is a 1" with a 1" water meter. To install a new 2" water meter, a new 2" water tap will be required to be installed by the Contractor. DRAINAGE COMMENTS: 1. No comments. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Case No. Attachment C ZA24-0018 Page 5 Fire Department Review Case No. ZA24-0018 Review No. I Project Name: Tom Thumb Gas Station Contact: Lorenzo Chavez, Fire Inspector Dated: 04-29-2024 Phone: 817-748-8233 Number of Pages: 1 Fax: 817-748-8181 The following comments are based on the review of plans received on 0411712024. Comments may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. *Comments are based on the building adding a fire sprinkler system as indicated on the plans; per the square footage, a sprinkler system would not be required, although the fire comments would need to be updated significantly for an un-sprinklered building. GENERAL COMMENTS: Sprinkler riser rooms shall be a minimum of 5' X 5' if the double check is located in a vault as indicated on the plans (Label riser room location to determine termination point of riser piping, and indicate size of the riser rooms) The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant as indicated on the plans, and within 50 feet of fire department fire lanes or access roads. (Plans do not meet FDC distant requirements to fire lane) The dispensing of fuel at a motor fuel -dispensing facility shall be in accordance with the following: Conducted by a qualified attendant; and/or, shall be under the supervision of a qualified attendant; and/or shall an unattended self-service facility in accordance with 2021 IFC section 2304.3. Underground storage tank(s) shall comply with 2021 IFC section 5704. FIRE LANE COMMENTS: Fire apparatus access fire lanes need to be provided within 250 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis for sprinklered buildings (Fire access is adequate if the building is sprinklered) 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). FIRE HYDRANT COMMENTS: Fire hydrants are required at a maximum spacing of 500 feet for commercial locations with completely sprinkled buildings. (Spacing is within the requirements if the building is sprinklered) Case No. Attachment C ZA24-0018 Page 6 General Informational Comments The Development Review Committee (DRC) has determined this pre -submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above . The applicant should be aware that a formal submittal for the next scheduled Planning and Zoning Commission meeting must be received at the Citv by 5:00 P.m. on 05106124. A pdf of each plan must be submitted. If not received before the deadline, the item will be moved to a later P&Z agenda. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. All lighting must comply with Lighting Ordinance No. 693, as amended regarding type of lighting, intensity, glare and spill -over. Denotes Informational Comment Case No. Attachment C ZA24-0018 Page 7 SU RROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning l Physical Address Acreage Respon se 1 SUNTREE STATION LLC SP2 100 W SOUTH LAKE BLVD 2.502099696 NR 2 CURRENT OWNER SF1-A 805 PEARL DR 0.020414973 NR 3 FLEMISTER, WILLIAM SF1-A 807 PEARL DR 0.111271859 NR 4 COSTELLO, JOHN C2 100 E SOUTHLAKE BLVD 0.663827051 NR 5 WHITE'S CHAPEL CEMETERY ASSN CS 121 E SOUTHLAKE BLVD 0.066426333 NR 6 FIRST FINANCIAL BANK 01 151 W SOUTHLAKE BLVD 0.2972657 NR 7 SOUTHLAKE COMMONS LP SP1 171 W SOUTHLAKE BLVD 0.011321632 NR SOUTHLAKE COMMONS 8 PARTNERS LLC SP1 171 W SOUTHLAKE BLVD 0.011321632 NR 9 CHUNGS FAMILY ESTATES LLC SP1 171 W SOUTHLAKE BLVD 0.011321632 NR 10 SC SOUTHLAKE COMMONS LLC SP1 171 W SOUTHLAKE BLVD 0.011321632 NR 11 JHZ PROPERTIES LLC SP1 171 W SOUTHLAKE BLVD 0.011321632 NR ENVISAGE EQUITY PARTNERS - 12 SOU SP1 171 W SOUTHLAKE BLVD 0.011321632 NR 13 THREADING STUDIO LLC SP1 171 W SOUTHLAKE BLVD 0.011321632 NR 14 BFT SOUTHLAKE LLC SP1 171 W SOUTHLAKE BLVD 0.011321632 NR ENVISAGE EQUITY PARTNERS - 15 SOU SP1 171 W SOUTHLAKE BLVD 0.011321632 NR 16 WHITE'S CHAPEL CEMETERY CS 121 S WHITE CHAPEL BLVD 8.01898E-05 NR 17 COTTER, THOMAS SF1-A 809 PEARL DR 1.02815985 NR 18 FIRST AMERICAN SAVINGS BANC SP2 222 W SOUTHLAKE BLVD 0.968535633 NR 19 SOUTHLAKE, CITY OF CS 450 W SOUTH LAKE BLVD 79.57705815 NR 1000 SUNTREE STATION LLC SP2 110 W SOUTHLAKE BLVD 0.903048794 U Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Eighteen (18) (Individual Ownerships) Responses Received within 300': In Favor: Opposed: Undecided NR: No Response No Response: Case No. ZA24-0018 Attachment D Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-816 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 LOT 4R, L.B.G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 110 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "S-P-1" Detailed Site Plan District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA24-0018 Page 1 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 whetherthese 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 E ZA24-0018 Page 2 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: AS LOT 4R, L.B.G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 110 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND Case No. Attachment E ZA24-0018 Page 3 INCORPORATED HEREIN AS EXHIBIT "B"and subject to the following conditions: IN 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. Case No. Attachment E ZA24-0018 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place Case No. Attachment E ZA24-0018 Page 5 for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2024. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the LVAWke- ATTEST: day of CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: .2024. Case No. Attachment E ZA24-0018 Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA24-0018 Page 7 Being described as Lot 4R, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 110 W. Southlake Blvd., Southlake, Texas. Case No. Attachment E ZA24-0018 Page 8 I0,711:11-.11 M 1.1 Reserved for approved Site Plan Plan Case No. Attachment E ZA24-0018 Page 9