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Item 6B9 CASE NO: ZA21-0069 SOUTHLA14CE PLANNING & DEVELOPMENT SERVICES STAFF REPORT December 28, 2021 PROJECT: Zoning Change and Site Plan for Dragon Stadium Boundary Adjustment EXECUTIVE SUMMARY: Hart Gaugler and Associates is requesting 2nd Reading approval of a Zoning Change and Site Plan for Dragon Stadium Boundary Change on property described as Lot 1, Block 1 and Lot 1, Block 2, Carroll ISD No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1085 S. Kimball Ave. and 601 Silicon Dr., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The applicant is requesting 211 Reading approval of a Zoning Change and Site Plan to adjust the boundary of the existing "S-P-1" zoning district so that a portion of the property can be combined with the proposed site for a multi -sports facility at 2311 Crooked Ln. (Please see Case No. ZA21-0086). The proposed improvements will comply with all previously approved zoning regulations and conditions of approval with the exception of the reduction in landscape area. No other changes to the previously approved "S-P-1" Detailed Site Plan District zoning other than those shown below are proposed and all previous conditions of approval remain in effect. The proposed "S-P-1" Regulations are below: 1. Allow shared parking with the Multi -Sport Facility by way of a reciprocal parking agreement. Gate will be opened for overflow parking on select weekends during tournaments and on game days (Friday night only) to allow CISD parking on the Multi -Sport Facility property. 2. Tree Preservation is allowed based on the proposed boundary changes and driveway access. 3. Bufferyards are allowed based on the proposed boundary changes and driveway access. VARIANCE REQUEST: A variance to the interior landscape requirements in Landscape Ord. 544-B is requested due to the reduction in landscape area. No additions are planned at this time that will affect the existing landscaping plantings. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan Case No. ZA21-0069 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated November 18, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-330F Half Size Plans (for Commission and Council members only) Link to Presentation Link to Zoning Narrative and Variance Request Letter Link to Plans Link to SPIN Report Link to 2035 Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA21-0069 BACKGROUND INFORMATION OWNER: Carroll Independent School District APPLICANT: Hart Gaugler and Associates PROPERTY SITUATION: 1085 S. Kimball Ave. and 601 Silicon Dr. LEGAL DESCRIPTION: Lot 1, Block 1 and Lot 1, Block 2, Carroll ISD No. 6 Addition LAND USE CATEGORY: Public/Semi-Public CURRENT ZONING: "S-P-1" Detailed Site Plan District. PROPOSED ZONING: "S-P-1" Detailed Site Plan District. CITIZEN INPUT: A SPIN meeting was held on July 27, 2021. Please see the SPIN Report attached separately. A 2035 Corridor Planning Committee meeting was held on January 25, 2021. Please see the 2035 Corridor Planning Committee Report attached separately. PLANNING AND ZONING COMMSSION ACTION: November 18, 2021; Approved (6-1) (Rothmeier) subject to the staff report dated November 18, 2021 and Site Plan Review Summary No. 3, dated November 18, 2021 and noting approval of the variance requested. Commissioner Rothmeier felt that the facility is being proposed in the wrong place based on the number of variances. CITY COUNCIL ACTION: December 7, 2021; Approved at 1st reading (7-0) subject to the Staff Report dated November 30, 2021, and Revised Site Plan Review Summary No. 3, dated November 18, 2021, granting the following: - Granting a variance to the interior landscape requirements in Landscape Ord. 544-B due to the reduction in landscape area as a result of the drive connection. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 18, 2021. Case No. Attachment A ZA21-0069 Page 1 Vicinity Map 1085 S. Kimball Ave. and 601 Silicon Dr. 40 90 9e b n � a RMIATRA L BU+ L `p ZA21-0069 Zoning Change and Site Plan Dragon Stadium 0 4G0 920 1 840 Fe et Case No. Attachment B ZA21-0069 Page 1 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA21-0069 Review No.: Three Date of Review: 11/18/2021 Project Name: Zoning Change and Concept/Site Plan for Lot 1, Block 1, Carroll ISD No. 6 Addition APPLICANT: Hart, Gaugler & Associates OWNER: Carroll ISD John Blacker Matt Miller 12801 N. Central Expy. Suite 1400 2400 N. Carroll Ave. Dalllas, TX Southlake, TX 76092 Phone: 972-239-5111 Phone: 832-651-1688 Email: jblacker@hartgaugler.com Email: matt.miller@southlakecarroll.edu CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/17/21 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 RICHARD SCHELL AT (817) 748-8602. Planning Review 1. An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the conveyance of any portions of lots. No additional development is proposed with this application. The purpose of the Zoning Change and Concept/Site Plan is to revise the existing "S-P-1" zoning boundary for Dragon Stadium to allow the relocation of existing lot boundaries between lots. 2. A variance to the interior landscape requirements in Landscape Ord. 544-B is requested due to the reduction in landscape area. No additions are proposed at this time that will affect the existing landscaping. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(aD_ci.south lake.tx.us TREE CONSERVATION COMMENTS: No comments based on submitted information. LANDSCAPE COMMENTS: No comments based on submitted information. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Case No. ZA21-0069 Attachment C Page 1 Phone: (817) 748-8033 E-mail: sendy(a)ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: We ments(a-)ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments SPIN Meeting for the proposed multi -sport facility to the west was held on July 27, 2021. A Corridor Planning Committee meeting for the proposed multi -sport facility to the west was held on January 25, 2021. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment C ZA21-0069 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES gg as q a 3 F� � �� WDi6TRNL INDIf..�RIAi BLVD r ��N e � E GGNSTs R" ,� n.. SPO # Owner Zoning Physical Address Acreage Response 1. CHARLESTON COURT LP 11 545 SILICON DR 2.59 NR 2. GATEWAY CHURCH 11 540 S NOLEN DR 1.55 NR 3. PEARSON, CAREY SF1-A 695 S KIMBALL AVE 2.08 NR 4. PEARSON, CAREY SF1-A 2300 CROOKED LN 2.22 NR 5. BUETE, ROBERT SF1-A 2350 CROOKED LN 2.30 NR 6. MULLER, RICHARD J SF1-A 2400 CROOKED LN 2.16 NR 7. BEECH, EDNA E SF1-A 701 WHISPERING WOODS CIR 1.94 NR 8' SIMPLY STORAGE SOUTHLAKE LLC 11 950 S KIMBALL AVE 1.32 NR 9. KTR DFW II LLC 11 1070 S KIMBALL AVE 24.75 NR 10. LAHLOU, MOHAMMED SF1-A 710 WHISPERING WOODS CIR 2.25 NR 11. STRUEMPLER, LORIE LEE SF1-A 720 WHISPERING WOODS CIR 1.94 NR 12. KENDRICK, MICKY D SF1-A 2401 CROOKED LN 1.28 NR 13. CUNDIFF, JOHN E SF1-A 2317 CROOKED LN 0.85 NR 14. CHARLESTON COURT LP 01 530 SILICON DR 4.85 NR 15. CARROLL, ISD SP1 601 SILICON DR 4.11 NR 16. CENTERSTONE HEIGHTS LLC 11 2815 EXCHANGE BLVD 1.76 NR 17. DRS GROUP LLC 11 2819 EXCHANGE BLVD 0.93 NR 18. COGENT POINT LLC 11 2275 E CONTINENTAL BLVD 0.03 NR 19. WESTGATE OFFICE PARK OWNERS 11 2271 E CONTINENTAL BLVD 0.98 NR 20. COGENT POINT LLC 11 2275 E CONTINENTAL BLVD 0.07 NR Case No. Attachment D ZA21-0069 Page 1 21. COGENT POINT LLC 11 2275 E CONTINENTAL BLVD 0.04 NR 22. 925 SOUTH KIMBALL LLC 11 925 S KIMBALL AVE 3.81 NR 23. VARIOSYSTEMS INC 11 901 S KIMBALL AVE 3.44 NR 24. JMDJMD LLC AG 2311 CROOKED LN 3.03 NR 25. 2300 DEAN WAY SP2 2300 DEAN WAY 2.29 O 26. SMS LEGENDS LLC SP2 2345 DEAN WAY 1.95 O 27. 29. KIMBALL PROPERTIES LLC BRIAN CAMPBELL - SOLARA SUITE 100 LEGENDS SLTX 2320 LLC (LARRY M CARROLL, ISD SP2 2325 DEAN WAY 1.87 O SP2 2320 DEAN WAY 7ARSHALL)5 SP1 1085 S KIMBALL AVE 1 NR 30. WERX PROPERTY HOLDINGS LLC SP2 2380 DEAN WAY 1.52 O 31. 2360 DWS RE PARTNERS LLC SP2 2360 DEAN WAY 1.79 O 32. KTR DFW LLC 11 1100 S KIMBALL AVE 11.20 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent within 300': Twenty-six (26) Responses Received within 300': Six (6) - Attached Case No. Attachment D ZA21-0069 Page 2 Notification Response Form ZA21-0069: Zoning Change and Site Plan for Dragon Stadium Boundary Change Meeting Date: November 18, 2021 at 6:30 PM Fill out: Being the owners) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position, / ose�fb c� �j�a/Q a►�c% • {//P�%s�S Gre Sn��7 oP� frain�� q -r'acl 't-f- LS 16cet,kiokA. 7-A1SPraPOS&d1f7wl�%yr�4�f% o�rlvrlr�/sGti au/�roPcr '� llQ u�S a. 15 d[4 oY�. Z t}%!l rCrn�-�rc�/ y �rrcrees� ��f�� a>7gcs-�lerlart�ntGke t-FdiF�icu/��'o✓e�P�e goes, deraJc�o/'s fe rt � ri 5 en A 't C /e ve:f s - -es a ccess ou v, ptye r4j- 7T. `fa lfcrndl e M e CROU410:tA ( -fro F-'i Cra/d"f 0' *7, 7F%re5e i�n7� ✓i�p � fipreecQ _ey 14b 0& orL Oct / �/cu ✓ e a r1G� r`+/�fcclr cn `�!�(a r1 [*t aA 4,lregcJ+y CA1u2p- -tt>� CclyIWLL'r'CcQfre4/ e.s/-674- fx6r/Cet:,- Signature: Date: / �f� { Additional Signature: Date: Printed Name(s): 1 e-1 Must be property owner(s). Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment D ZA21-0069 Page 3 Richard Schell From: Sent: To: Subject: noreply@civicplus.com Monday, November 15, 2021 3:59 PM Ken Baker; Dennis Killough; Madeline Oujesky; Patty Moos; Richard Schell; Randi Fracassi; Lydia Ruiz Online Form Submittal: Planning & Zoning Case Input Form Planning & Zoning Case Input Form Project Name Zoning Change and Site Plan for Dragon Stadium Boundary Change on property at 1085 S. Kimball Ave. and 601 Silicon Dr., Planning & Zoning Case ZA21-0069 Number Project Location 1085 S. Kimball Ave. and 601 Silicon Dr. Southlake TX I am: Opposed Comments / Explanation Solara and its enterprises are strongly opposed to this project for many reasons. This proposed project will greatly diminish our property values. It will make it difficult to get new tenants in an already highly competitive market. It will dramatically increase traffic congestion and make it difficult for employees, vendors, and clients to access our property. The streets are not designed to handle additional traffic that this project will produce. First Name Brian Last Name Campbell Address 2325 Dean Way Address2 Suite 100 City Southlake State Texas Zip 76092 Disclaimer This form is to provide feedback on planning & zoning -related requests. Your comments are placed in the related case file as a matter of public record and forwarded to the Planning & Zoning Commission and City Council if action is i Case No. ZA21-0069 Attachment D Page 4 required by these bodies. Your submission of this form shall not be considered a formal protest under Section 211. 006(d) of the Texas Local Government Code unless your signature is uploaded and submitted with this form. Disclaimer Yes, I understand Acknowledgment Signature (For Formal BC Siq.pnq Protests) Receive an email copy of this form Email not displaying correctly? View it in your browser. Case No. ZA21-0069 Attachment D Page 5 Notification Response Form ZA21-0069: Zoning Change and Site Plan for Dragon Stadium Boundary Change Meeting Date: November 18, 2021 at 6:30 PM Fill out: Owner: Robert Dean, President Address: 2380 Dean Way City, State, Zip Code: Southlake, TX 76092 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the r y so noted above, are hereby in favor of �erline undecided about (circ one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: 1) Creates tremendous amount of additional traffic entering and leaving our Legends business development 2) Entrance is too close to driveway of building 1 - 2300 Dean Way creating a safety issue 3) This will add residential traffic to a development that has a heavy amount of commercial truck traffic creating a safety concern. 4) No consideration is given for how this additional traffic and lighted fields will impact business owners in the development 5) We never anticipated an adjacent property with current access on Crooked Lane to be granted an access easement to a road that was constructed and paid for entirely by our development for the Legends Busines uildings Signatur l' Date: LL I Additional Signature: Printed Name(s): _Robert Dea Date: Must be property owner(s). Otherwise contact the Planning Department. One form per property. Phone Number (optional): 817-749-3600 Case No. Attachment D ZA21-0069 Page 6 Notification Response Form ZA21-0069: Zoning Change and Site Plan For Dragon Stadium Boundary Change Meeting Date: November 18, 2021 at 6:30 PM Fill out: r-� Owner: \iti��a�t Address: 2300 City, State, Zip Code: WK Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: 6, �) 1C-zM.6"-U 14d j . 0d846 160 YYIorQ. Ver-L�.0 `j• i S ik-�� od re.a j— 1.N n_u.Q i39 Wd1 c-4a vi' %�..a,bb�..Q �il�'1e. u�� ' l ►1� Ct3 l `�"�� q 41�`� Ma�� r�lo v�L 1; Cr c Signature: Date: 1 -2 �2 Additional Signature: Printed Name(s): Date: Must be property owner(s). Otherwise contact the Planning Department. One form per property. Phone Number {optional): q — �-�� ^ J ] Case No. ZA21-0069 Attachment D Page 7 Notification Response Form ZA21-0069: Zoning Change and Site Plan for Dragon Stadium Boundary Change Meeting Date: November 18, 2021 at 6:30 PM Fill out: Owner: Zyo' . vrNeAl VYta-yt/ L Address: 23 j 19 DUA41, Wr l City, State, Zip Code: SVV:kk(6-1 ., !X 71019gE Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: a NO jY� iE U,tiG ;gyp btAgy m IW-es and WOVk�vrt_ 4 of 5 cofeY. 2) R tl n Y e dh`�Q c 0. CO rw rv� 1rG a� se #r 1 . SignatureQ Mew+W Date: ILI9-Zbzi ( Additional Signature: c. Date: Printed Name(s): JVVL 1W Must be property owner(s). OOtherwis/e� contact the Planning Department. One form per property. Phone Number (optionall: 3) ownev� w1 tOw5e wortQ?rcc, rlAa j �_, fmp&C+cd ford f 19 his, noire, �,;�k taJ6c �+�d pc-h Ps us,�y al- �k�ny o.5 ow-rPbw. Case No. ZA21-0069 Attachment D Page 8 Notification Response Form ZA21-0069: Zoning Change and Site Plan for Dragon Stadium Boundary Change Meeting Date: November 18, 2021 at 6:30 PM Fill out: Owner: 5MS Legends, LLC Address: 2345 Dean Way City, State, Zip Code: 76092 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Oppossed due to increasing traffic and density too much. 6). Signature: Date: 11 /29/2021 Additional Signature: Printed Name(s): Ballard Castleman, Secretary Date: Must be property owner(s). otherwise contact the Planning Department. one form per property. Phone Number (optional): Case No. Attachment D ZA21-0069 Page 9 Name. -- Address Southlake Planning and Zoning Meeting Public Comment Form Please print. Return com leted form to Commission Secretary prior to start of regular session. cr e;n.�,�g1� ISCid S4.ci Phone: t `1 V�-( ') o'7-I Date: MoLl �, V QI wish,to share my views on an Agenda Item: /r rrf I will speak in SUPPORT of this item l I will speak in OPPOSITION of this item Required- Cards will not be read into the record unless iris sighed. Case No. Attachment D ZA21-0069 Page 10 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-330F 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 1, BLOCK 1, AND LOT 1, BLOCK 2, CARROLL I.S.D. NO. 6 ADDITION, AND BEING 41.347 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM TO "S-P- 1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM, 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 with "CS" Community Service District uses including transportation facility and Case No. Attachment D ZA21-0069 Page 1 stadium 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 D ZA21-0069 Page 2 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 described as Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat Case No. Attachment D ZA21-0069 Page 3 recorded in Cabinet A, Slides 6413 & 6414, Plat Records, Tarrant County, Texas, and being approximately 41.347 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District with "CS" Community Service District uses including transportation facility and stadium to "S-P-1" Detailed Site Plan District with "CS" Community Service District uses including transportation facility and stadium as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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. 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 Case No. Attachment D ZA21-0069 Page 4 complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. [9:14&IM►[:1 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 Case No. Attachment D ZA21-0069 Page 5 prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the 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 , 2021. MAYOR ATTEST: CITY SECRETARY Case No. Attachment D ZA21-0069 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA21-0069 Attachment D Page 7 EXHIBIT "A" Being legally described as Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 6413 & 6414, Plat Records, Tarrant County, Texas, and being approximately 41.347 acres. Case No. Attachment D ZA21-0069 Page 8 Reserved for approved plans Case No. ZA21-0069 Attachment D Page 9