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Item 8 - Staff ReportItem 8 Case No. ZA25-0026 S T A F F R E P O R T May 2, 2025 CASE NO: ZA25-0026 PROJECT: Zoning Change and Concept/Site Plan for Dakota’s EXECUTIVE SUMMARY: Timothy McEneny, NL Southlake LLC, is requesting approval of a Zoning Change and Concept/Site Plan for Dakota’s on property described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, and located at 1901 W. Kirkwood Blvd., Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. Requested Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #1. DETAILS: The purpose of this request is to seek approval for a Zoning Change and Concept/Site Plan to make amendments to the currently approved “S-P-2” Zoning and Concept Plan on approximately 6-acres located at the southeast corner of W. S.H. 114 and W. Kirkwood Blvd. The requested zoning is “S-P-2” Generalized Site Plan District with “C-3” Local Retail Commercial District uses and regulations, and the development includes the following components: • A 10,000 sq. ft. fine-dining restaurant with seating for 250, featuring a partially underground design and outdoor seating. A conceptual rendering is included. • A 10,000 sq. ft. event hall with seating for 200 guests. • Seven retail buildings totaling 10,975 sq. ft., with individual building sizes ranging from 925 sq. ft. to 2,150 sq. ft. Two design concepts for these retail structures have been provided for consideration. Detailed elevations for all the retail buildings will be required at the site plan stage. Department of Planning & Development Services Item 8 Case No. ZA25-0026 Site Data Summary Chart continued VARIANCES REQUESTED: 1) Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum stacking depth of 75’. The applicant is proposing a stacking depth of approximately 52’ on the driveway accessing SH114 frontage road. 2) The minimum driveway spacing along an arterial street requires a min. 200 ft. from an intersection to a driveway centerline and a min. 250 ft. between driveway centerlines. The eastern driveway on W. Kirkwood is ± 191.4’ from the intersection of SH114 and the western driveway is ± 229.9’ from the Charles Schwab driveway along W. Kirkwood Blvd. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated May 2, 2025 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-826a Item 8 Case No. ZA25-0026 Plans Narrative Presentation STAFF CONTACT: Cyndi Cheng (817)748-8269 Jenny Crosby (817)748-8195 Item 8 Case No. Attachment A ZA25-0026 Page 1 BACKGROUND INFORMATION OWNER: Wilks Southlake Development, LLC APPLICANT: Timothy McEneny, NL Southlake LLC PROPERTY SITUATION: 1901 W. Kirkwood Blvd., generally located at the southeast corner of W. State Hwy. 114 and W. Kirkwood Blvd. LEGAL DESCRIPTION: Lot 1R1R2, Block 1, Sabre Group Campus Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-2” Generalized Site Plan District. PROPOSED ZONING: “S-P-2” Generalized Site Plan District. HISTORY: November 19, 1985 - The site was zoned "H"- Heavy Commercial with the annexation the property under Ordinance No. 319. August 4, 1987 - Approximately 342 acres, bounded by T.W. King Road, W. S.H. 114, W. Dove Road and N. White Chapel Blvd. was zoned from "H" Heavy Commercial to "PUD" Planned Unit Development allowing "R- 1" and "R-2" Retail, "O-1" and "O-2" office and "CS" Community Service district development under case ZA87-015 (Ordinance 334-012). September 19, 1989 - The above described 342 acres was given "PUD" Planned Unit Development zoning allowing "C-3" General Commercial, "CS" Community Service development with the adoption of the Zoning Ordinance No. 480 and the official zoning map. October 17, 1995 - A Zoning Change and Concept Plan for NR-PUD allowing "C-3" General Commercial, "O-2" Office, "HC" Hotel and "CS" Community Service development under Case ZA95-074 (Ordinance 480- 180) was approved for an approximately 127 acre portion of the previously described 342 acres, west of the alignment of the approximate alignment of Kirkwood Boulevard; "R-PUD" Residential Planned Unit Development allowing detached single family residential development was approved under Case ZA95-073 (Ordinance 480-179) for approximately 199 acre portion of the previously described 342 acres, east of the approximate alignment of Kirkwood Boulevard. July 20, 1999 - A Zoning Change and Concept Plan for NR-PUD allowing a variety of non-residential uses and development to include "High-Tech" uses, "O-2 Office", "Parking Structures", "Hotel", "Restaurant" was approved for approximately 155 acre under Case ZA99-056 (Ordinance 480-313). The area included portions of the above described "NR-PUD" west of the alignment of Kirkwood Boulevard and a northern portion of the "R-PUD" area east of the alignment of Kirkwood Boulevard. Item 8 Case No. Attachment A ZA25-0026 Page 2 October 19, 1999 - A Preliminary Plat for Lots 1-4, Block 1, Sabre Group Campus was approved under Case ZA99-080. November 18, 1999 - A Final Plat for Lots 1-4, Block 1, Sabre Group Campus was approved under case ZA99-096. January 18, 2000 - A Development Plan for Sabre Group Campus was approved under Case ZA99-090. March 20, 2007 - A Plat Revision for Lots 1R1, 1R2, 2R, 4R1, 4R2 and 4R3, Block 1, Sabre Group Campus was approved under case ZA07-025. September 15, 2015 - A Plat Revision for Lots 1R1R1 and 1R1R2, Block 1, Sabre Group Campus was approved under case ZA15-085. April 6, 2021 – A Zoning Change and Concept/Site Plan for Creekside Point (formerly Southwest Meadows), which included a four-story full- service hotel and two outparcel lots with approximately 13,500 square feet of “C-2” Local Retail Commercial District uses, was denied at 1st Reading under case ZA18-006. January 7, 2025 - Approved Zoning Change and Concept Plan 2nd Reading (7-0) subject to the Staff Report dated December 31, 2024 and Concept Plan Review Summary No. 3, dated November 25, 2024, and noting: • Approval of the zoning change from “NRPUD” Non-residential Planned Unit Development to “S-P-2” Generalized Site Plan District, as presented, granting the requested driveway stacking depth variance and deferring the required traffic impact analysis until site plan submittal, noting that any recommendations of the study will be addressed as part of the site plan consideration. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The underlying land use designation is Mixed Use. Purpose: To provide an option for large‐scale, master‐planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. Definition: The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium‐ to higher‐intensity office buildings, hotels, commercial activities, retail centers, and residential Item 8 Case No. Attachment A ZA25-0026 Page 3 uses. Nuisance‐free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi‐Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. The optional future land use designation is Restaurant and Specialty Retail Overlay. The Restaurant and Specialty Retail Overlay is a commercial overlay category designed and intended for the concentration of unique dining and specialty retail options not otherwise found in Southlake’s established retail and restaurant centers. The purpose of this category is to foster the development of a dynamic, destination restaurant district. This district should feature mostly independent, unique or local restaurants offering diverse and healthy cuisine in a sit-down format, which may also include aspects of culinary tourism or educational components up to and including schools offering training in culinary arts. The overlay may provide for incubation of new businesses and concepts which might otherwise struggle to operate in more traditional retail commercial spaces. Physical aspects of this district may include proximity to Community Services uses, proximity to niche retail, frontage onto shared space for dining or gathering rather than streets, and shared parking. Mobility & Master Thoroughfare Plan Kirkwood Blvd. is classified as an “A4D” four-lane divided arterial with 100’ of right of way. S.H. 114 is classified as a Freeway with 300’ – 500’ of right of way. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan calls for a minimum 8 ft. trail along the east side of S.H. 114 and a less than 8 ft. sidewalk along the south side of W. Kirkwood Blvd. The proposed concept plan includes the required sidewalks along both roadways adjacent to the site. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Access to the project will be provided by two access driveways onto W. Kirkwood Blvd., a four-lane divided arterial with 100’ of right of way. SH 114 Frontage Road (12W) (between Dove and Kirkwood) 24hr West Bound (4,230) AM Peak AM (277) PM Peak PM (540) Kirkwood (116) (between SH 114 and TW King) 24hr West Bound (4,868) East Bound (3,605) Item 8 Case No. Attachment A ZA25-0026 Page 4 AM Peak AM (349) 7:15 – 8:15 AM Peak AM (972) 7:15 – 8:15 AM PM Peak PM (892) 4:30 – 5:30 PM Peak PM (215) 12:15 – 1:15 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact Use Quantity Weekday Vtpd* Week day AM Peak Week day PM Peak Sat. Vtpd* Sat. Peak Fine Dine Restaurant (931)** 10,000 SF 900 56 90 944 108 Event Center** 200 seats 25 114 100 Specialty Retail (814)** 10,975 SF 486 75 55 461 * Vehicle Trips Per Day **Extrapolated from Trip Generation Memorandum for Case ZA24-0030 (previous application for Dakota’s) *** Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: There is approximately 39% existing tree cover on the site, of which approximately 16% is proposed to be preserved. A standard zoning district requires that a minimum 60% of existing tree cover be preserved. The applicant is proposing that the tree removal be allowed as shown on the plan. 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. 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; 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 Item 8 Case No. Attachment A ZA25-0026 Page 5 vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. CITIZEN INPUT: Although there were no meetings requested at this time, there was a SPIN and Corridor Planning Committee meeting held during the previous case. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated May 2, 2025. Item 8 Case No. Attachment B ZA25-0026 Page 1 Item 8 Case No. Attachment D ZA25-0026 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1 VARISPACE SOUTHLAKE LLC NRPUD 1900 W KIRKWOOD BLVD 1.46 NR 2 AMERITRADE SERVICES COMPANY IN NRPUD 1051 W KIRKWOOD BLVD 4.28 NR 3 WILKS SOUTH LAKE DEVELOPMENT L NRPUD 3400 E T W KING RD 2.31 NR 4 BDP SOUTHLAKE DST NRPUD 1600 W KIRKWOOD BLVD 9.15 NR 4 BDP SOUTHLAKE DST NRPUD 1600 W KIRKWOOD BLVD 9.15 NR 4 SC SOUTHLAKE OWNER LLC NRPUD 1600 W KIRKWOOD BLVD 9.15 NR 5 WILKS SOUTH LAKE DEVELOPMENT L NRPUD 1001 W KIRKWOOD BLVD 11.26 NR 1000 WILKS SOUTH LAKE DEVELOPMENT L NRPUD 1901 W KIRKWOOD BLVD 5.98 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Five (5) Responses Received within 200’: None Item 8 Case No. Attachment D ZA25-0026 Page 2 Case No.: ZA25-0026 SITE PLAN REVIEW SUMMARY Review No.: Two Date of Review: 05/02/25 Project Name: Zoning & Site Plan – Dakota’s Steakhouse APPLICANT: Timothy McEneny – NL Southlake LLC 25 Highland Park Village, Suite 100-580 Dallas, TX 75205 Phone: 214-663-4317 Email: tmceneny@nlgroup-dallas.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/22/25 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. 1. The following changes are needed regarding driveways per the Driveway Ordinance No. 634, as amended: a. The minimum stacking depth per Driveway Ordinance No. 634, as amended, is 75’. With the original Zoning and Concept Plan, only two driveways were shown for the site and as such, the required stacking depth for each driveway was 100 feet. A variance was granted for 94 feet of stacking on the western drive and 78 feet of stacking on the eastern drive. A variance will be required for the proposed site plan for the 52.2 feet of stacking on the drive access the SH11 frontage road. b. The minimum driveway spacing along an arterial street requires a min. 200 ft. from an intersection to a driveway centerline and a min. 250 ft. between driveway centerlines. The eastern driveway on W. Kirkwood is ± 191.4’ from the intersection of SH114 and the western driveway is ± 229.9’ from the Charles Schwab driveway along W. Kirkwood Blvd. 2. Provide adequate parking meeting the minimum requirements of Section 35 of the Zoning Ordinance for all proposed uses/buildings. The original Zoning and Concept Plan were approved with 229 parking spaces required/provided. The proposed site plan provides 182 spaces, and the narrative indicates that “we are developing a parking agreement with the property North of W Kirkwood Blvd across from VariSpace for the remainder of required parking spaces”. Further verification will be needed to ensure parking requirements will be met. 3. Provide architectural renderings and elevations of the proposed structures for anything intended to be built vertically with the first phase, including retail buildings and event hall. As this property is within the Corridor Overlay Zone, provide elevation plans with dimensions showing building height, wall height, wall lengths, dimensions of horizontal and vertical articulation, and the type of exterior construction material. Item 8 Case No. Attachment D ZA25-0026 Page 3 4. The sheet keynote on the concept plan shows the restaurant and the event hall as different numbers than the site data summary. The proposed impervious coverage does not match on the concept plan and the site plan. Please clarify/correct so that area and proposed impervious coverage matches on both charts. 5. The Traffic Impact Analysis shows a different square footage area for the restaurant, event hall, and retail buildings than the concept and site plan. Please clarify/correct so that area matches across each plan and the Traffic Impact Analysis. Item 8 Case No. Attachment D ZA25-0026 Page 4 Case No. ZA25-0026 Review No. One Dated: May 2, 2025 Number of Pages: 3 Project Name: Dakota’s Southlake – 1901 W. Kirkwood Blvd. (ZSP) Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713 ====================================================================== ===== The following comments are based on the review of plans received on April 21, 2025 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: 1. Please provide the existing tree cover calculations on the Tree Conservation Plan. The existing tree cover calculations consist of the total percentage of existing tree canopy cover on the property, the total percentage of existing tree canopy cover proposed to be removed, and the total percentage of existing tree canopy cover proposed to be preserved. 2. There are no existing tree canopy cover calculations provided but if the development were proposed as traditional zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585 -E. 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 t o be preserved shall exclude any Item 8 Case No. Attachment D ZA25-0026 Page 5 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; 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. 3. Required landscape trees are proposed to be used towards tree removal mitigation. The Landscape Ordinance, Bufferyrds Regulations, and Tree Preservation Ordinance are totally separate regulations and the interior and bufferyards landscaping may not count towards tree removal mitigation. 4. There are four (4) existing trees (Trees #2, 4, 6, 8) proposed to be preserved in the northwest corner of the property but there are topography grade changes proposed within the critical root zone area of the trees. A protected tree shall be considered altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. * 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 Item 8 Case No. Attachment D ZA25-0026 Page 6 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. * The applicant is currently proposing to pay $347,550 into the Reforestation Fund towards tree removal mitigation. Since required interior and bufferyards landscape trees may not count towards tree removal mitigation, the actual amount required to be paid into the Reforestation Fund would be $413,550. LANDSCAPE COMMENTS: 1. Provide a color rendition of the Landscape Plan which delineates which landscaping is proposed interior landscaping and which is proposed bufferyards landscaping. 2. The interior landscape calculations are incorrect and are only based on the restaurant building and event building. Provide the correct “Required” interior landscape area and plant material based on 50% of the building floor area for all the proposed buil dings which are the retail buildings, restaurant buildings, and event building. 3. The west bufferyard adjacent to State Highway 114 is incorrect. The correct bufferyard is a 25’ – J type bufferyard. Provide at least the minimum bufferyard required and the appropriate required plant material. 4. Within the Bufferyards Summary Chart, provide the appropriate required bufferyards types and plant material calculations for all three (3) required bufferyards. 5. Existing tree credits are proposed to be taken for required landscape trees within the east 5’ – A bufferyard. Ther are only three (3) on-site trees proposed to be preserved within the vicinity of the bufferyard. They would only count towards credits fo r three (3) of the required bufferyard trees, not all required canopy and accent trees. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. 6. Little Gem Magnolia are classified as an accent/ornamental/small tree, not a canopy tree. * Indicates informational comment. # Indicates required items comment. Item 8 Case No. Attachment D ZA25-0026 Page 7 Public Works/Engineering Review Review No. 2 Date: 4/28/2025 Case No. ZA25-0026 Zoning/Site Plan Project Name: Dakota’s Contact: Sandy Endy, P.E. Email: sendy@ci.southlake.tx.us Phone: (817) 748-8033 The following comments are based on the review of plans received on: 4/21/2025 It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. UTILITY COMMENTS: * The proposed irrigation meter and domestic meter may need to be relocated to a more accessible location when submitting for the Public Works Construction Permit. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Item 8 Case No. Attachment D ZA25-0026 Page 8 Fire Department Review GENERAL COMMENTS: Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (locations not indicated to ensure minimum requirements) The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (not indicated as well as hydrants and fire lanes not indicated to ensure minimum requirements) FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Fire Lanes not indicated on concept plan although the inside turn radius of the 1st parking island does not meet this requirement) 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) and be within 250 ft hose-lay distance of all portions of a sprinklered building. (Hose-lay distance could not be measured without fire lane indicated on plans) FIRE HYDRANT COMMENTS: Fire hydrants are required at a maximum spacing of 500 feet for commercial locations with completely sprinkled buildings. (Existing hydrants and proposed hydrant locations not indicated on plans to measure) Lorenzo Chavez Fire Marshall Phone: (817) 748-8671 E-mail: lchavez@ci.southlake.tx.us Item 8 Case No. Attachment D ZA25-0026 Page 9 General Informational Comments * Approval of a site plan that substantially conforms to this concept plan will be required prior to issuance of building permits for any portions of the development that are not fully included with this site plan. * No review of proposed signs is intended with this concept 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * A portion of this property is 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. * 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. * All conditions of this S-P-2 zoning approval continue with any future requests related to the property. * Denotes Informational Comment Item 8 Case No. Attachment E ZA25-0026 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-826a 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 1R1R2, BLOCK 1, SABRE GROUP CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 6.007 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH “C-3” LOCAL RETAIL COMMERCIAL DISTRICT USES, 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, Item 8 Case No. Attachment E ZA25-0026 Page 2 WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan 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 pe destrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropri ate 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 Item 8 Case No. Attachment E ZA25-0026 Page 3 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 a ir, 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 proximit y 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 fo r, 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: Item 8 Case No. Attachment E ZA25-0026 Page 4 Being described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas being approximately 6.007 acres, and more fully and completely described in Exhibit “A” from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any conditions SECTION 2. 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, Texa s. 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 respec t 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 Item 8 Case No. Attachment E ZA25-0026 Page 5 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 th roughout 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 con flict 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. Eac h 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 ordi nance; and, as Item 8 Case No. Attachment E ZA25-0026 Page 6 to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of _____, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2025. Item 8 Case No. Attachment E ZA25-0026 Page 7 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Item 8 Case No. Attachment E ZA25-0026 Page 8 EXHIBIT “A” Being described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 6.007 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Item 8 Case No. Attachment E ZA25-0026 Page 9 EXHIBIT “B” Reserved for approved Development Regulations and Concept Plan