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Item 7 - Staff ReportCase No. ZA24-0042 S T A F F R E P O R T August 30, 2024 CASE NO: ZA24-0042 PROJECT: Zoning Change and Development Plan for Carillon Parc EXECUTIVE SUMMARY: Zoning Change and Development Plan for Carillon Parc Plaza District, on property described as Tracts 3A4, 3A4A, 3A5, 3A, 3A3, 3A1B, and a portion of Tracts 1E, 1D, and 3A1, Larkin H. Chivers Survey, Abstract No. 300, and generally located at the northeast corner of E. S.H. 114 and N. White Chapel Blvd., west of Rivera Dr., and approximately 600 ft. south of E. Kirkwood Blvd., City of Southlake, Tarrant County, Texas. Current Zoning: “ECZ” Employment Center Zoning District. Requested Zoning: “ECZ” Employment Center Zoning District. SPIN Neighborhood #3. DETAILS: The purpose of this item is to seek approval of a Zoning Change and Development Plan for the Plaza District portion (approximately 25.71 acres) of the Carillon Development for the purposes of amending the existing district regulations and approved development plan for this portion of Carillon. The Development Plan and Zoning Booklet are similar in character to the previously approved plans under Case ZA20-0029. A summary of the changes are as follows: • Change dedication of portion of public park space to Open Space but keeps amenities and look and feel shown in presentation. Removes City commitment to reimburse half the cost of the main water feature • Allow the developer flexibility to develop retail restaurant, office, or private club if Public Library/Performing Arts facility is not built within the development, leaving option for library or performing arts use. • Developer to combine two buildings adjacent to N. White Chapel Blvd. into one building, allowing for potential underground parking. No approval necessary. Will bring with future site plan. • Underground detention under office building if needed for storm drainage if unable to finalize drainage easement across the adjoining 10 acre proper . • Change dedication of public road to private drive for future valet, and drop - off with speed ramp into the garage. • Add a second entrance subject to Hwy 114 frontage road upon TXDOT approval. • Change residential loft unit size from 2,300 SF minimum to 2,300 SF average with a minimum of 2,000 SF. The number of units will remain at 50 maximum. Department of Planning & Development Services Case No. ZA24-0042 This request is subject to all previous conditions of approval un der the preceding amendments, unless specifically approved otherwise by City C ouncil. The conditions of the last approved amendment under Case ZA20-0029, Ord. 480- 464e are included in the “History” section of this report. If this Zoning Change and Development Plan is approved by City Council , approval of Site Plan(s) by City Council following a recommendation by the Planning and Zoning Commission as well as final platting will be required prior to issuance of construction or building permits. ACTION NEEDED: 1) Hold a Public Hearing 2) Consider the Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 2, dated August 30, 2024 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-564f Summary of Changes Exhibit Proposed Carillon Zoning Booklet Proposed Development Plan Site Data SPIN Meeting Report Corridor Planning Committee Report STAFF CONTACT: Dennis Killough (817) 748-8067 Case No. Attachment A ZA24-0042 Page 1 BACKGROUND INFORMATION OWNER: Carillon Crown APPLICANT: Carillon Crown PROPERTY SITUATION: Generally located east of N. White Chapel Blvd., south of E. Kirkwood Blvd., west of Riviera Ln., and north of E. State HWY 114. LEGAL DESCRIPTION: Tracts 3A4, 3A4A, 3A5, 3A, 3A3, 3A1B, and a portion of Tracts 1E, 1D, and 3A1, Larkin H. Chivers Survey, Abstract No. 300 LAND USE CATEGORY: Mixed Use CURRENT ZONING: “ECZ” Employment Center Zoning District HISTORY: May 20, 1997; City Council approved a zoning change and concept plan to “NR-PUD” Non-Residential Planned Unit Development. December 18, 2001; City Council approved a zoning change and concept plan requiring a 300 ft. setback on N. Carroll Avenue, subject to City Council discretion. The purpose of the zoning change and concept plan was to incorporate newly acquired tracts of land into the existing “NR - PUD”, revise parcel boundaries and permitted uses within the district. On November 18, 2008 the City Council approved a Zoning Change and Development Plan from ‘NR-PUD’ Non-Residential Planned Unit Development and ‘C-2’ Local Retail Commercial District to ‘ECZ’ Employment Center Zoning District for Carillon under Planning Case ZA08- 031 (Ordinance No. 480-564). September 4, 2012; City Council approved the request to amend miscellaneous development regulations in the Carillon Zoning Booklet under Planning Case ZA12-066 (Ordinance No. 480-564a). November 6, 2014; Jacobs Engineering, Inc. on behalf of Hines Interest, LP requested at the Planning & Zoning Commission meeting on November 6, 2014 to table indefinitely two applications: a Site Plan application for One Carillon Court (ZA18-085) and a Zoning Change and Development Plan application for the Carillon Corporate District (ZA14 -102). April 21, 2015; City Council voted to deny a 1st Reading request for a Zoning Change and Development Plan for Carillon under Planning Case ZA15-002 (Ordinance No. 564b). The purpose of this request was to amend the current Carillon Zoning Book to add a roofing material permitted in the EC Neighborhood - Chateaux District. The proposal intended to add language that would have allowed metal as a permitted roof material to Chateaux District. April 18, 2017; Jacobs Engineering, Inc. on behalf of Hines Interest, LP requested to withdrawal the following Planning Cases at the April 18, 2017 City Council meeting: • ZA16-029 (Ordinance. No. 480-564B) – Zoning Change and Case No. Attachment A ZA24-0042 Page 2 Development Plan for Carillon Corporate District • ZA16-030 – Site Plan for Hotel Indigo Carillon • ZA16-031 – Preliminary Plat for Lots 1 and 2, Block 1, Carillon – Hotel Indigo • Also at the April 18, 2017 City Council meeting, The City of Southlake withdrew Planning Case ZA17-071 (Ordinance No. 480- 564C), which was a proposed Zoning Change and Development Plan for Carillon Plaza District. The following Planning Cases related to the Carillon Plaza District were withdrawn by staff due to inactivity; the applicant did not make a formal submittal: • ZA16-081 – Site Plan for Carillon Salons of Volterra • ZA16-082 – Site Plan for Carillon Wellness Center and Spa • ZA16-083 – Preliminary Plat for the Carillon Plaza District On June 19, 2018, the City Council approved a Zoning Change and Development Plan (ZA18-0006) for the Plaza District portion (approximately 42.51 acres) of the Carillon Development for the purposes of amending the existing district regulations and approved development plan for this portion of Carillon. On December 7, 2021, the City Council granted a Zoning Change and Development Plan (ZA23-0029) granting the following: - Per the Driveway Ordinance No. 634, the minimum stacking depth from the SH114 & N. White Chapel Blvd. is 150’. Approving a variance which permits approximately 40 feet and 110 feet of stacking depth respectively. In terms of the concept plan/zoning booklet: - Approving the Option B concept plan which was presented this evening and indicates the following: - Allowing up to 79 type “A” villa lots and 50 residential lofts and noting that the type “A” villas will adhere to all residential standards as outlined in the 2008 Carillon zoning approval (ZA 480 -564). Also noting that the residential lofts will be a minimum of 2,300 square feet and are limited to building B as shown on the development plan (identified as the orange building on the colored development plan). Also noting that the type “A” villas and residential lofts must be constructed to meet all fire regulations, including the installation of fire suppression systems, if required. - Designating an area located in the southeast portion of Carillon Parc-Plaza District (shaded in pink on the development plan) for a possible location of a City library--if it is determined by the City that such a facility should be located within this development. Also noting that this alternate area (pink shaded area) can include in addition to a public library the following uses: retail; restaurant, office, hotel, chapel, performing arts, and multiple purpose uses. - Allowing a hotel as a permitted use in the general area where buildings H, I, and K are identified on the development plan. Case No. Attachment A ZA24-0042 Page 3 - Allowing subgrade/at grade parking beneath the park area, if required. - Noting that all non-residential buildings require site plan approval from City Council following a Planning and Zoning Commission recommendation and that the proposed site plans will be evaluated per the requirements of the zoning approval in terms of use, architectural style, parking, and other requirements of the zoning document. Also noting that emergency access will also be evaluated at the site plan phase. - Accepting all proposed changes noted in the zoning booklet and summarized by the applicant as attachment E of the staff report. Also noting that the use table will include beer pubs and craft breweries as defined in the Zoning Ordinance 480 as permitted uses. In terms of the construction phasing plan, White Chapel Blvd. and construction traffic: - Approving the phasing plan presented and noting that the developer must construct the Phase I site infrastructure (roadway and utilities) as purple on the phasing plan) and have the Phase I infrastructure inspected and approved prior to the release by the City of the 79 Villa Type A lots for home construction. - Screen wall will be constructed in a similar manner to example photos in the zoning booklet. - Noting that no certificate of occupancy will be issued for any commercial/office/mixed use (i.e. nonresidential) buildings until the Phase 1A park construction is completed per the executed developer’s or 380 agreement and has been inspected and is accepted by the City. - The park dedication will be approximately 8 to 9 acres as represented on the development plan unless determined otherwise by a City Council action as part of the approval of the developer’s or 380 agreement or final location of the library/multiuse/performance arts building. - At a minimum, the park component will include the following elements (unless determined otherwise in the developer’s or 380 agreement): - Operating and maintained fountain as represented in the zoning booklet. - (2) Carillon bell towers (the primary and secondary tower) similar to the scale and size as represented in the zoning booklet. - Plaza area similar in size and character as represented in the zoning booklet. - Pathways and sidewalks as represented in the zoning booklet. - If the City Council determines that the park dedication is less than what is represented on the development plan (approximately 8- 9 acres), the area of land not dedicated will become private space maintained by the property management company or other private entity. - The White Chapel Blvd. widening from SH 114 to East Kirkwood Blvd. will be constructed and accepted by the City prior to the issuance of a certificate of occupancy for any Case No. Attachment A ZA24-0042 Page 4 commercial/office/mixed use (i.e. nonresidential) buildings. This section of White Chapel Blvd. shall be designed and constructed in a manner consistent with the City’s mobility plan and include medians, sidewalks, and any required streetlights. - All construction related traffic for the non-residential portion of the development will enter the site from SH 114 or White Chapel Blvd. In terms of park dedication and fountain performance: - Final park dedication, maintenance responsibilities and performance thresholds will be determined as part of the developer’s agreement and or 380 agreement. - The City and the applicant have agreed on the date of June 30, 2022 for the City to take time to assess future library locations, and to determine if the Carillon location is the appropriate location for a future library. Staff will work with the developer with acceptable criteria for a potential library to be considered for Carillon during the time between now and June 30, 2022. - Dedication of the park land is at a time to be determined upon an agreement of an economic development incentive agreement. - No building permits, for any lots, in the development, either commercial or residential, will be issued until a successful executed economic development incentive agreement. On September 5, 2023; City Council denied (7-0) the 1st Reading of Case ZA23-0045. TRANSPORTATION ASSESSMENT: Traffic Impact A Traffic Impact Analysis (TIA) was prepared for the previous Carillon Parc submittal in 2018. The impact of the current Development Plan does not warrant a new TIA. Please see the TIA and Consultant’s Review of TIA attached separately. CITIZEN INPUT: A SPIN Town Hall Forum was held for this project on August 8, 2023. Please see the meeting report attached separately. A Southlake 2035 Corridor Planning Committee meeting was held on August 7, 2023. Please see the meeting report attached separately. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated August 30, 2024. Case No. Attachment B ZA24-0042 Page 1 Case No. Attachment C ZA24-0042 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA24-0042 Date of Review: 08/30/24 Project Name: Zoning Change and Development Plan – Carillon Parc APPLICANT: OWNER: Carillon Crown, LLC Carillon Crown, LLC John Terrell Farrukh Azim 161 Summit Ave., Suite 200, Southlake, Texas 161 Summit Ave., Suite 200, Southlake, Texas Phone: (817) 253-8355 Phone: (817) 253-8355 Email: JTerrell@HCDevelopmentPartners.com Email: Farrukh_Azim@hotmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/30/2024 (ZONING BOOKLET) 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 DENNIS KILLOUGH (817) 748-8072. Planning Review 1. Re-title the “Concept Plan” to “Development Plan” and include applicable requirements for a Non-residential Development Plan per Section 40 of the Zoning Ordinance, including a Site Data Summary, boundary and other significant dimensions . Case No. Attachment C ZA24-0042 Page 2 TREE CONSERVATION COMMENTS: 1. The proposed existing tree cover preservation does not conform to the currently approved existing tree cover preservation. The current existing tree cover required to be preserved is 30%, and the existing tree cover now proposed to be preserved is 18%, with an option to remove additional tree cover for a detention/retention pond in the east Park Dedication Area if the developer is unable to obtain a storm drainage easement across the adjacent 10-acre parcel to the east of Carillon Parc. * 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; Case No. Attachment C ZA24-0042 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. * 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. * Indicates informational comment. # Indicates required items comment. Keith Martin Landscape Administrator kmartin@ci.southlake.tx.us 817.748.8229 Case No. Attachment C ZA24-0042 Page 4 Engineering/Public Works Comments GENERAL COMMENTS: 1. The Phasing Plan had a printing error. 2. The proposed cross section for Section B -B shows a lane width of 13’ instead of the joining Section A-A of 12’. Is the intent to have a wider travel lane on the private drives? 3. The Entries exhibit states that there are two entries onto N. White Chapel and one onto SH114 frontage road, however, the exhibit shows one entry onto N. White Chapel and two onto SH114 frontage road. 4. Add a note that specifies the newly proposed driveway onto the SH114 frontage road is contingent upon TxDOT approval. * Any new driveway connections onto the SH114 frontage road will require TxDOT approval. *Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Sandy Endy, P.E. Development Engineer sendy@ci.southlake.tx.us 817.748.8033 Case No. Attachment C ZA24-0042 Page 5 Fire Comments Lorenzo Chavez Fire Inspector Phone: (817) 748-8671 E-mail: lchavez@ci.southlake.tx.us No comments based on submitted information. Case No. Attachment C ZA24-0042 Page 6 Informational Comments Informational Comments: * This new plan will void the Economic Development Agreement for the site executed in April of 2023. * This site is subject to all previous conditions of approval for the Employment Center District zoning, approved under Ord. No. 480-464, as amended, with the last amendment being Case ZA20-0029, Ord. 480-564e, unless specifically approved by City Council. * 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 rights-of-way 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. * It appears that a portion of this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non -Residential Buildings, unless otherwise approved under the ECZ district of this property. * 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 n approved 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Plats are only accepted for processing in accordance with the Plat Submittal Schedule - https://www.cityofsouthlake.com/302/Applications -Fees-Submittal-Schedules , and only after appropriate zoning approvals for the proposed subdivision. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * The subject property lies within the City’s SH 114 Land Use Corridor and falls within the Employment Center Optional Land Use in the Future Land Use Plan. The site has Employment Center Zoning (ECZ) and thus must comply with Section 49 of the Zoning Ordinance and the specific regulations approved under this zoning district. * All development must comply with the underlying zoning district regulations. The Development Plan and any future Site Plans must comply with the underlying zoning regulations of the Carillon Parc zoning booklet, as approved. Case No. Attachment C ZA24-0042 Page 7 * With Site Plan and/or Plat submittal an open space management plan will be required. * 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. * Ensure that all trails comply with the Pathways Master Plan. * Denotes Informational Comment Case No. Attachment D ZA24-0042 Page 1 SURROUNDING PROPERTY OWNERS Carillon Parc – Plaza District NOTE: The notification included the Corporate District. The Zoning Change and Development Plan only includes the Plaza District, which is all property to the west of the red line on the map. SPO # Owner Zoning Physical Address Acreage Response 1 CARILLON CROWN LLC ECZ 1801 N WHITE CHAPEL BLVD 4.674545119 NR 2 JUNG, HYUNGMIN ECZ 1809 RIVIERA LN 0.000126447 NR 3 SHARP, JENNIFER ECZ 1805 RIVIERA LN 0.050015585 NR 4 SHIVERS FAMILY PTNRSHIP LTD AG 1900 N WHITE CHAPEL BLVD 0.253871701 NR 5 HUSAIN, ASIF ECZ 1801 RIVIERA LN 0.107667756 NR 6 MARCIANO, PAUL ECZ 1717 RIVIERA LN 0.142301763 NR 7 UTLEY, REBECCA AG 1800 N WHITE CHAPEL BLVD 0.862921463 NR 8 CARILLON HOME OWNERS ASSOCIATI ECZ 1750 LE MANS LN 0.085856272 NR 9 MILLER, JAMES ECZ 1713 RIVIERA LN 0.121732805 NR 10 ELVING, CARL ECZ 1709 RIVIERA LN 0.123057843 NR 11 ORTIZ, LOUIS M ECZ 400 PALLADIAN BLVD 0.04308267 NR 12 MISRA, NILAMBEN R ECZ 1705 RIVIERA LN 0.119390824 NR 13 CLARK, ROBERT K ECZ 1701 RIVIERA LN 0.166328084 NR 14 ZVONECEK, BRIAN SP1 1700 N WHITE CHAPEL 0.657985647 NR Case No. Attachment D ZA24-0042 Page 2 BLVD 15 MEISNER, JEFFREY ECZ 401 PALLADIAN BLVD 0.066044335 NR 16 BURCH, MIKE J ECZ 1633 RIVIERA LN 0.164464778 NR 17 CARILLON HOME OWNERS ASSOCIATI ECZ 1650 LE MANS LN 0.098477112 NR 18 COUCH JOHN AND PEGGY REVOCABLE ECZ 1629 RIVIERA LN 0.120540226 NR 19 DUNCAN, BRIAN ECZ 1625 RIVIERA LN 0.120256104 NR 20 ILINENI, VISHNU ECZ 400 MONTPELIER DR 0.040968496 NR 21 BIEKER, RON ECZ 1621 RIVIERA LN 0.121367922 NR 22 CARILLON HOME OWNERS ASSOCIATI ECZ 300 CARILLON CT 0.153374824 NR 23 MCCAW, NEIL ECZ 1617 RIVIERA LN 0.120240928 NR 24 HOPKINS DALLAS PROPERTIES LTD C2 140 W SH 114 0.444914299 NR 25 VISSERS EMILY A REVOCABLE FAMI ECZ 310 MONTPELIER DR 0.041828347 NR 26 RUCCI LIVING TRUST ECZ 1613 RIVIERA LN 0.121194341 NR 27 BATOOL, FATIMA ECZ 1609 RIVIERA LN 0.118725223 NR 28 PERRY, RICHARD B ECZ 308 MONTPELIER DR 0.022202948 NR 29 SMITH FAMILY TRUST ECZ 1605 RIVIERA LN 0.122490177 NR 30 SHARON R. BELL LIVING TRUST ECZ 306 MONTPELIER DR 0.02291922 NR 31 DANCE, DAVID ECZ 1601 RIVIERA LN 0.208684086 NR 32 STARK, STEVEN ECZ 304 MONTPELIER DR 0.05089775 NR 33 MCKELLAR TRUST ECZ 300 MONTPELIER DR 0.119399243 NR 34 CARILLON PARC CORPORATE DISTRI ECZ 360 E SH 114 2.046505179 NR 35 FRANDSEN, CHRISTOPHER ECZ 1817 RIVIERA LN 0.119255043 NR 36 BENOIT, ROBERT ECZ 1813 RIVIERA LN 0.120028646 NR 37 MICHELSEN FAMILY LIVING TRUST, ECZ 1800 ST. PHILIP AVE 0.196666724 NR 38 MANDARA, FRANCESCO ECZ 1804 ST. PHILIP AVE 0.199451581 NR 39 ORF, TONY ECZ 405 MONTE CARLO DR 0.179017919 NR 40 EAMSHERANGKOON, KRIDDANAT ECZ 401 MONTE CARLO DR 0.189363964 NR 41 MOCHULSKY, RICHARD ECZ 402 PALLADIAN BLVD 0.13050059 NR 42 EDWARDS PATRICK O ECZ 404 PALLADIAN BLVD 0.131364155 NR 43 CARILLON HOME OWNERS ASSOCIATI ECZ 350 ORLEANS DR 0.831190158 NR 44 WATERS, TIMOTHY ECZ 301 MONTPELIER DR 0.185388718 NR 45 PANCHAKUNATHORN, NAPHAT ECZ 303 MONTPELIER DR 0.152550711 NR 46 REED, ERIC ECZ 405 PALLADIAN BLVD 0.131437151 NR 47 DEVINENI, NAGA ECZ 403 PALLADIAN BLVD 0.131973992 NR Case No. Attachment D ZA24-0042 Page 3 48 BENOIT, ROBERT ECZ 1813 RIVERA LN .1186 NR 49 FRANDSEN, CHRISTOPHER ECZ 1817 RIVERA LN .1186 NR 50 LEE, ERVING ECZ 1821 RIVERA LN .1186 NR 51 SUPERINTENDENT OF KELLER ISD 52 SUPERINTENDENT OF NORTHWEST ISD 53 SUPERINTENDENT OF GRAPEVINE COLLEYVILLE ISD 54 SUPERINTENDENT OF CARROLL ISD 1000 CARILLON CROWN LLC ECZ 250 E SH 114 3.623902733 U 1001 CARILLON CROWN LLC ECZ 1700 N CARROLL AVE 8.014399655 U 1002 CARILLON CROWN LLC ECZ 300 E SH 114 3.936521959 U 1003 CARILLON CROWN LLC ECZ 1781 N WHITE CHAPEL BLVD 3.070302975 U 1004 CARILLON CROWN LLC ECZ 1775 N WHITE CHAPEL BLVD 0.321614287 U 1005 CARILLON CROWN LLC ECZ 100 E SH 114 4.601985423 U 1006 CARILLON CROWN LLC ECZ 190 E SH 114 1.29411177 U 1007 CARILLON CROWN LLC ECZ 200 E SH 114 1.048158697 U 1008 CARILLON CROWN LLC ECZ 240 E SH 114 0.757312542 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent within 300’: Fifity-four (54) Case No. Attachment E ZA24-0042 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-564f 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 TRACTS 3A4, 3A4A, 3A5, 3A, 3A3, 3A1B, AND A PORTION OF TRACTS 1E, 1D, AND 3A1, LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND GENERALLY LOCATED AT THE NORTHEAST CORNER OF E. S.H. 114 AND N. WHITE CHAPEL BLVD., WEST OF RIVERA DR., AND APPROXIMATELY 600 FT. SOUTH OF E. KIRKWOOD BLVD BEING APPROXIMATELY 25.71 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “ECZ” EMPLOYMENT CENTER ZONING DISTRICT TO “ECZ” EMPLOYMENT CENTER ZONING DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT 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 Case No. Attachment E ZA24-0042 Page 2 and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “ECZ” Employment Center Zoning 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 and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment E ZA24-0042 Page 3 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, 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: Case No. Attachment E ZA24-0042 Page 4 Tracts 3A4, 3A4A, 3A5, 3A, 3A3, 3A1B, and a portion of Tracts 1E, 1D, and 3A1, Larkin H. Chivers Survey, Abstract No. 300, and generally located at the northeast corner of E. S.H. 114 and N. White Chapel Blvd., west of Rivera Dr., and approximately 600 ft. south of E. Kirkwood Blvd., City of Southlake, Tarrant County, Texas being approximately 25.71 acres, and more fully and completely described in Exhibit “A” from “ECZ” Employment Center Zoning District to “ECZ” Employment Center Zoning District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Conditions 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 Case No. Attachment E ZA24-0042 Page 5 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 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 Case No. Attachment E ZA24-0042 Page 6 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 as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 16th day of November, 2021. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 7th day of December, 2021. ________________________________ MAYOR Case No. Attachment E ZA24-0042 Page 7 ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA24-0042 Page 8 EXHIBIT “A” Being described as Tracts 3A4, 3A4A, 3A5, 3A, 3A3, 3A1B, and a portion of Tracts 1E, 1D, and 3A1, Larkin H. Chivers Survey, Abstract No. 300, and generally located at the northeast corner of E. S.H. 114 and N. White Chapel Blvd., west of Rivera Dr., and approximately 600 ft. south of E. Kirkwood Blvd., City of Southlake, Tarrant County, Texas being approximately 25.71 acres, and more fully and completely described as follows: Insert Metes & Bounds Case No. Attachment E ZA24-0042 Page 9 EXHIBIT “B” REFER TO PLAZA DISTRICT VISION ZONING BOOKLET DATED XXXXXX