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Item 9 - Staff ReportCase No. ZA24-0059 S T A F F R E P O R T November 1, 2024 CASE NO: ZA24-0059 PROJECT: Zoning Change and Development Plan for Carroll Crossing EXECUTIVE SUMMARY: Sage Group on behalf of the owner Gans Tx Re Southlake LLC and Olerio Interests, LLC is requesting approval of a Zoning Change and Development Plan for Carroll Crossing on property described as Tracts 3D and 3C02, W. R. Eaves Survey Abstract No. 500, and located at 1963 W Southlake Blvd., and 200 S. Peytonville Ave. Current Zoning: “S-P-1” Detailed Site Plan District and “O-1” Office District. Requested Zoning: “TZD” Transition Zoning District. SPIN Neighborhood #10. DETAILS: The property is located on the south side of W. Southlake Blvd. east of the intersection of Players Circle, and west of the intersection of Peytonville Ave. The purpose of this request is to seek zoning change and development plan approval for a mixed use office/retail and single family development. The proposal includes four office building s ranging from 5,700 sf to 9,600 sf totaling approximately 30,180 sf, and one 3,375 sf retail restaurant building with drive-thru along the W. Southlake Blvd. frontage. The remainder of the proposal includes 30 single family residential lots that average 6,832 sf in area. Office/Retail Site Data: Case No. ZA24-0059 Residential Site Data: ACTION NEEDED: 1) Hold a Public Hearing 2) Consider the Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Site Plan Review Summary No. 2, dated November 1, 2024 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-825 Full Size Plans (for Commission and Council members only) Corridor Planning Committee Report SPIN meeting Report PowerPoint Presentation Zoning Booklet Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Jenny Crosby (817) 748-8195 Case No. Attachment A ZA24-0059 Page 1 BACKGROUND INFORMATION OWNER: Gans TX Re Southlake, LLC (1963 W. Southlake Blvd.), Olerio Interests, LLC (200 S. Peytonville Ave.) APPLICANT: Sage Group, Inc. PROPERTY SITUATION: 1963 W. Southlake Blvd and 200 S. Peytonville Ave. LEGAL DESCRIPTION: Tracts 3D and 3C02, W.R. Eaves Survey Abstract No. 500 LAND USE CATEGORY: Retail-Commercial, Medium Density Residential and Office Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District and “O-1” Office District PROPOSED ZONING: “TZD” Transition Zoning District HISTORY: - The property was annexed into the City in 19 57. 1963 W. Southlake Blvd. - An ~8,000 square foot warehouse was constructed on the site in 1981. - A CO was granted to Green Oaks Tree Farm on December 23, 1981. - The zoning designation of “C -2” General Commercial District was placed on the property with the adoption of Ordinance No. 480 in 1989. - “S-P-1” zoning was approved (Green Acres Nursery) April 18, 2023 under case ZA23 -0005. 200 S. Peytonville - A zoning change and concept plan for S -P-2 zoning with O-1 office uses was approved in November of 2002 - “O-1” zoning was approved December 16, 2008, under ZA08-083. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designations for the site are primarily “Retail- Commercial” and “Medium Density Residential”. Although this site has the Retail Commercial designation on the northern end of the site and the Medium Density Residential land use designation on the southern end, we find that the proposed use is consistent with the Land Use Plan. The entire site is currently zoned “C —2” General Commercial District. The proposed zoning is further aligned with the Land Use Plan as the area within the Medium Density Residential designation will primarily be used for the cultivation of plants, storage of landscape supplies, and as open space. Retail Commercial Purpose and Definition: The Retail Commercial category is a lower- to medium-intensity commercial category providing for 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 Case No. Attachment A ZA24-0059 Page 2 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. Office Commercial Purpose and Definition: The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office‐related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi‐Public categories previously discussed. Case No. Attachment A ZA24-0059 Page 3 Medium Density Residential Purpose and Definition: The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single family detached houses. The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi - Public categories previously discussed. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows Southlake Blvd. to be a six-lane divided arterial with 130’ to 140’ of right of way. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing <8’ multi-use trail along W. Southlake Blvd. This trail is provided for on the Site Plan. TRANSPORTATION ASSESSMENT: Area Road and Network Conditions The site proposes two primary access drives for the office/retail along onto W. Southlake Blvd., one being shared with Walgreens an access point to Players Circle. The residential portion proposes primary access to S. Peytonville Ave. and an emergency access connection to Players Circle. The residential portion is proposed to be served by a agted private street. W. Southlake Blvd. (F.M. 1709 (between Peytonville & Randoll Mill.) 24hr West Bound (22,770) East Bound (23,516) AM Peak (1,276) 11:45-12:45 AM Peak (2,702) 7:00 – 8:00 AM PM Peak (2,477) 7:00 AM – 5:45 PM Peak (1,428) 4:45 – 5:45 PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact: The Traffic Threshold Analysis shows the office/retail portion to generates approximately 1,302 vehicle trips per day (436 VTPD/driveway), approximately 138 VT during AM peak hour and 131 Case No. Attachment A ZA24-0059 Page 4 during PM peak hour (max. of 46 VT/driveway). The residential portion generates approximately 300 vehicle trips per day and approximately 24 VT during AM peak hour and 30 during PM peak hour. The project does not exceed the traffic threshold criteria of the Driveway Ordinance No. 634 that would require a full Traffic Impact Analysis. TREE PRESERVATION: There is approximately 19.93% of existing tree cover on the property. For a standard zoning district, a minimum of 70% would be required to be preserved. This is a TZD zoning which proposes approximately 39% of tree cover to be preserved and approximately 61% is proposed to be removed. UTILITIES: A 12” water line exists along the north and 8” along the east boundaries of the property. An 8” sewer line exists along the east boundary of the property. DRAINAGE: The project is proposing to capture onsite runoff within a proposed storm drain system and routed to a retention/detention pond at the southeast corner of the property. CITIZEN INPUT: The following meetings were held to discuss the development: A 2035 Corridor Planning meeting for this project was held on June 5, 2024. A SPIN meeting was held on October 22, 2024. PLANNING & ZONING COMMISSION ACTION: CITY COUNCIL ACTION: STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated November 1, 2024. Case No. Attachment B ZA24-0059 Page 1 Case No. Attachment C ZA24-0059 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA24-0059 Review No.: Two Date of Review: 11/01/24 Project Name: Development Plan – Carroll Crossing APPLICANT: Curtis Young, Sage Group 1130 N. Carroll Ave., Suite 200 Southlake Phone: 817-424-2626 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/17/24 and 10/29/24 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 Jenny Crosby AT 817-748-8195. Informational Comments: • Though the TZD Transition Zoning District allows for flexibility, the category does provide specific guidance for development. The following are notable applicable standards t hat do not appear to be followed: a. TZD excludes food service uses with drive throughs (Table 47-1) and alcohol sales b. Primary building facades for all non -residential buildings shall be oriented to the primary street or shall be oriented toward a focal point. Primary buildings shall have a minimum of 75% of their building façade oriented along a street (Section 47.7.b) c. The first-floor elevation of single-family dwellings shall be raised a minimum of 2 feet above the finished level of the public sidewalk/trail in front of the residential structures. d. Bicycle parking shall be provided for non-residential uses at a rate of 5% of all off- street automobile parking. (Section 47.7.f.5) e. Garages shall not exceed 30% of the front façade of the home. (Section 47.7.f.7) The applicant requests approval as proposed * Please be aware that there is a utility box in the common access and utility easement off Players Circle. This utility box will need to be relocated. Case No. Attachment C ZA24-0059 Page 2 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. The construction of the proposed 6’ masonry wall would cause the alteration and/or removal of the protected trees along the property lines where it is proposed. The proposed wood fence may also cause the alteration and/or removal of protected trees. 2. If the development was proposed with traditional zoning it would not comply with the existing tree cover preservation requirements of the Tree Preservation Ordinance 585 -E. There is 19.93% of existing tree cover on the property and a minimum of 70% would be required to be preserved. A total of 60.89% of tree cover is proposed to be removed and 39.11% to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; Case No. Attachment C ZA24-0059 Page 3 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: 1. All the Interior landscape calculations are incorrect. The required interior landscaping is based on 50% of the proposed building floor area. 2. In the “Provided” canopy tree section of Lot 1 within the Interior Landscape Summary Chart it shows that there are 79 existing trees. There are no existing trees proposed to be preserved on Lot 1. 3. In the Bufferyards Summary Chart “Provided” row, it shows a reduction in the length of the bufferyard for the width of the access drive. There is not an access drive crossing through the north bufferyard. There is one crossing trough the west bufferyad of Lot 1. 4. Two (2) accent trees are proposed in five (5) of the parking landscape islands. The parking landscape islands may contain two (2) accent trees if they have light poles in them, otherwise they are required to contain a canopy tree. All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. 5. In the neighborhood component of the development, the continuous planting strip within the right - of-way is required to be 6’ in width (minimum). 6. In Section 7.0 – Landscaping in the proposed Site Design Standards, Brumlow Ave. is mentioned. No portion of the development is on Brumlow Avenue. Case No. Attachment C ZA24-0059 Page 4 7. Detailed Landscape Plans shall be required at the site plan stage for all non -residential development. 8. The office/commercial development shows lot lines which divides it into separate lots with no bufferyards provided along the internal lot lines. Please provide the required bufferyards along each internal lot line or provide the elimination of the of the internal bufferyards within the Site Design Standards. LOCATION - Bufferyards shall be located within and along the outer perimeter of a lot or boundary line. Bufferyards may overlap drainage and/or utility easements, however plantings should not impede the flow of water within a drainage easement. Bufferyards shall not be located on any portion of an existing or dedicated public street or right -of-way Leased pad site developments: Pad site developments which are ground leases (as opposed to separate platted lots) and a part of a larger planned commercial center shall be required to provide bufferyards along the perimeter of the project, but shall not be required to provide bufferyards along lease lines common to the larger commercial center * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA24-0059 Page 5 Public Works/Engineering Review Sandra Endy , P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: 1. Shared access for the property to the south along Peytonville is required to be provided. Please coordinate the shared access. 2. Provide the traffic threshold worksheet. * The private street will require a drainage, utility and access easement. Case No. Attachment C ZA24-0059 Page 6 Fire Department Review Lorenzo Chavez Deputy Fire Chief/Fire Marshal Phone: 817-748-8671 E-mail: lchavez@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system shall be installed in any residential structures that exceed 6,000 square feet, excluding porches and patios. The required backflow protection (double check valve) for the sprinkler systems in the commercial development can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is located on the riser. (Riser room locations not indicated on plans) The entry/exit access control devices that impede the designated fire access road on the residential subdivision must be equipped with an Opticom or KS -2 switch for opening the gate electronically, as well as a means for manual opening of the gate. Where the fire apparatus access road consists of a divided roadway at the access gates, the gate width must not be less than 12 feet. Manual emergency access gates must be provided with a Knox padlock to secure. FIRE HYDRANT COMMENTS: Fire Department Connections for sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lane access. (Fire Department Connection locations not indicated on plans for commercial propery) Hydrants required at maximum spacing for R -3 Occupancies is 400 feet for subdivisions with un-sprinklered homes. (Hydrants shown on plan are not sufficient, some in excess of 400 feet) Fire hydrants are required at a maximum spacing of 300 feet for commercial locations that contain both sprinkled and un-sprinklered buildings. (Hydrants shown on plan are not sufficient, some in excess of 300 feet. Add hydrant at Bldg 5 and extend fire lane to building 5). FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of buildings on a “hose -lay” basis for un-sprinkled buildings. 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). Case No. Attachment C ZA24-0059 Page 7 Fire access roads in residential subdivision must be at least 31 ft. back of curb to back of curb. (Standard street width) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. Cul-de-Sacs must have 30 ft. inside turn radius and 50-foot radius (100-foot diameter) for approved turnaround. Case No. Attachment C ZA24-0059 Page 8 General Informational Comments * Although access easement has been shown to connect to the driveway of the pr operty to the south, ensure that connectivity is possible both vertically and horizontally and has been coordinated with the property owner. Shared access for the property to the south along Peytonville is required to be provided (see approved site plan ZA17 -074 for Ajilouni Office Complex at 210 – 240 S. Peytonville Ave.). If access is not provided or is not provided as shown on the approved site plan, the property owner to the south needs to provide documentation accepting the proposal and a revised site plan for the office complex may be required. * A formal Site Plan application will be required at a future date for the commercial portion. See Section 47.8 of the Zoning Ordinance for details as to the processing of Development Plans vs. Site Plans in the “TZD” Transition Zoning District. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Building permit(s) are required prior to commencement of any work. * 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. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Dedication Fee, Roadway Impact 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. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment Case No. Attachment D ZA24-0059 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO #Owner Zoning Physical Address Acreage Response 1 MYERS MEADOW HOMEOWNERS ASSN RPUD 1713 WILD ROSE WAY 0.694146252 NR 2 LEVI FAMILY PARTNERSHIP LP C2 1701 W SOUTHLAKE BLVD 1.95550847 NR 3 LIU, BENNET C3 1901 W SOUTHLAKE BLVD 0.407347481 NR 4 CARROLL, ISD SP1 1501 W SOUTHLAKE BLVD 1.036679349 NR 5 LIU, BENNET C3 101 PLAYERS CIR 0.302697943 NR 6 VARSITY PROFESSIONAL PARK LLC O1 190 S PEYTONVILLE AVE 1.276321114 NR 7 PROSPEROUS FUTURE, LLC C3 1957 W SOUTHLAKE BLVD 0.112937118 NR 8 PALI PROPERTIES LP C3 151 PLAYERS CIR 0.659896762 NR 9 HCCP PROPERTY PARTNERS LLC C3 170 PLAYERS CIR 0.163818556 NR 10 ALFAROOQ TRUST SP1 210 S PEYTONVILLE AVE 1.010847543 NR 11 DLP VENTURES C3 201 PLAYERS CIR 0.79620018 NR 12 ALFAROOQ TRUST SP1 240 S PEYTONVILLE AVE 1.332979433 NR 13 220 PLAYERS LLC C3 220 PLAYERS CIR 0.010101618 NR 14 AKARD, LARRY O1 260 S PEYTONVILLE AVE 0.53689427 NR 15 BLUE PEACHES LLC C3 251 PLAYERS CIR 0.983952103 NR 16 250 PLAYER CIRCLE LLC C3 250 PLAYERS CIR 0.133933936 NR 17 MAY, CLENTIS L O1 280 S PEYTONVILLE AVE 0.514212117 NR 18 INXS LIVING TRUST SF20A 407 INDIAN PAINTBRUSH WAY 0.395672054 NR 19 CHRISTENSEN, MARK L SF20A 409 INDIAN PAINTBRUSH WAY 0.464575388 NR 20 SOUTHLAKE WOODS LP SF20A 411 INDIAN PAINTBRUSH WAY 0.169572726 NR 21 TAK, HYUN DUK SF20A 501 INDIAN PAINTBRUSH WAY 0.379630412 NR 22 KHAN, SHABAZ SF20A 503 INDIAN PAINTBRUSH WAY 0.462002822 NR 23 DARWISH, RAED Y SF20A 505 INDIAN PAINTBRUSH WAY 0.500283309 NR 24 SOUTHLAKE WOODS HOMEOWNERS SF20A 507 INDIAN PAINTBRUSH WAY 0.646124561 NR 25 SHAW, JACK A SF20A 511 INDIAN PAINTBRUSH WAY 0.073766987 NR 26 CHASE, DAVE SF20A 506 STONEBURY DR 0.015987772 NR 27 CHAO, JING HUI SF20A 408 INDIAN PAINTBRUSH WAY 0.000350459 NR 28 SOUTHLAKE WOODS LP SF20A 600 STONEBURY DR 0.002004445 NR 29 NATALWALLA, MURTAZA RPUD 103 KILLDEER CT 0.334743871 NR 30 OSBORNE, STEVEN RPUD 102 KILLDEER CT 0.304253621 NR 31 PITCHUMANI, KARTHIKEYAN RPUD 101 STARLING CT 0.318408129 NR 32 LEWANDOWSKI, MARK SF20A 405 INDIAN PAINTBRUSH WAY 0.712419809 NR 33 HERN, SARAH A SF20A 509 STONEBURY DR 0.653143398 NR 34 DART, STEVEN SF20A 402 INDIAN PAINTBRUSH WAY 0.548992082 NR 35 HILL, CURTIS B SF20A 515 INDIAN PAINTBRUSH WAY 0.560245799 NR 36 SUPERINTENDENT OF GRAPEVINE COLLEYVILLE ISD NR 37 SUPERINTENDENT OF CARROLL ISD NR 38 SUPERINTENDENT OF NORTHWEST ISD NR 39 SUPERINTENDENT OF KELLER ISD NR 1000 BRIGHT CAPITAL GROUP O1 200 S PEYTONVILLE AVE 1.006149643 U 1001 GANS TX RE SOUTHLAKE LLC SP1 1963 W SOUTHLAKE BLVD 14.21777381 U Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Thirty-four (34) Responses Received within 300’: In Favor:0 Opposed: 0 Undecided: 0 No Response: 0 Responses Received outside 300’:In Favor:0 Opposed: 0 Undecided: 0 No Response: 0 Case No. Attachment E ZA24-0059 Page 1 SURROUNDING PROPERTY OWNERS ’ RESPONSES None Received to Date Case No. Attachment F ZA24-0059 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-825 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 ALL OF AS TRACTS 3D AND 3C02, W.R. EAVES SUREVY ABSTRACT NO. 500, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.1267 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT AND “O-1” OFFICE DISTRICT TO “TZD” TRANSITION 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 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 Case No. Attachment F ZA24-0059 Page 2 Plan District and “O-1” Office 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 public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment F ZA24-0059 Page 3 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being legally described as all of as Tracts 3D and 3C02, W.R. Eaves Survey Abstract No. 500 Southlake, Tarrant County, Texas, being approximately 15.1267 Case No. Attachment F ZA24-0059 Page 4 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District and “O-1” Office District to “TZD” Transition Zoning District, as depicted on the approved development plan attached hereto and incorporated herein as Exhibit “B” and subject to the following conditions: 1. List any 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 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 Case No. Attachment F ZA24-0059 Page 5 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 until final disposition by the courts. Case No. Attachment F ZA24-0059 Page 6 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 _____ day of _____, 2023. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA24-0059 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA24-0059 Page 8 EXHIBIT “A” Being described as all of as Tracts 3D and 3C02, W.R. Eaves Abstract No. 500, and located at 1963 W. Southlake Blvd. and 200 S. Peytonville Ave., Southlake, Texas., City of Southlake, Tarrant County, Texas, being approximately 15.1267 acres and being more particularly described as follows: Metes and Bounds Description Case No. Attachment F ZA24-0059 Page 9 EXHIBIT “B” Reserved for approved Site Plan