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Item 7C Department of Planning & Development Services S T A F F R E P O R T February 27, 2008 ZA08-002 CASE NO: Zoning Change and Site Plan for Lot 1, Nolen Retail Center PROJECT: REQUEST: Loyalty Holdings is requesting approval of a Zoning Change and Site Plan from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses and regulations. The plan proposes the development of one retail building of 12,220 square feet on 1.648 acres at the southwest corner of Nolen Drive and E. Southlake Boulevard. The “S-P-1” Zoning District will follow the uses and development regulations of the “C- 2” Local Retail Commercial district with the following exceptions:  Fast Food Restaurants  Tire Sales / Installation Impervious coverage shall not exceed 71%. Consider first reading for a zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary No. 2, dated February 15, 2008 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Report (H) Ordinance No. 480-553 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817)748-8067 Clayton Comstock (817)748-8269 Case No. ZA08-002 BACKGROUND INFORMATION OWNER: Loyalty Holdings APPLICANT: The Dimension Group PROPERTY SITUATION: 2627 E. Southlake Boulevard LEGAL DESCRIPTION: A portion of Tract 2A02A, T. Easter Survey, Abstract No. 474 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: AG Agricultural District REQUESTED ZONING: S-P-1 Detailed Site Plan District with C-2 uses HISTORY: There is no development history on this property. Consolidated Land Use Plan Recommendations COMPREHENSIVE PLAN: The land use designation is Retail Commercial and the proposed development is consistent with this designation. Environmental Resource Protection Recommendations The Environmental Resource Protection Plan recommends preserving trees to the maximum extent feasible. Mobility & Master Thoroughfare Plan Recommendations Southlake Boulevard is designated as a 130’ State Farm to Market road and is currently built with 6 travel lanes and a continuous left turn lane. South Nolen Drive is designated and existing as a 70’ right-way 3 lane undivided arterial street The required sidewalks on Southlake Boulevard and Nolen Drive are shown on the plan. TRANSPORTATION ASSESSMENT: May 2007 traffic counts on E. Southlake Blvd (between SH114 and Kimball Ave) 24hr 1969720213 West Bound (WB) () East Bound (EB) () AM 13602034 () 11:15am –12:15pm () 5:15 – 6:15 am Peak PM 16301542 () 7:30 – 8:30pm () 12:30 – 1:30 Peak May 2007 traffic counts on Nolen Drive (between Southlake Blvd and Crooked Lane) 24hr 35492114 North Bound (NB) () South Bound (SB) () AM 295274 () 11:15am –12:15pm () 7:45 – 8:45 pm Peak PM 539252 () 5:00 – 6:00pm () 12:30 – 1:30 Peak Traffic Impact Case No. Attachment A ZA08-002 Page 1 Use Sq. Ft. Vtpd* AM-IN AM-PM-IN PM- OUT OUT Retail 10,256 438 7 4 18 20 Restaurant w/drive-thru 1,964 942 48 47 33 31 th *Average Vehicle Trips Per Day – Weekday, ITE Trip Generation Manual 6 Edition *The AM/PM times represent the average number of vehicle trips generated during the weekday th peaks per ITE Trip Generation Manual 6 Edition. The applicant has submitted a revised Traffic Impact Analysis (TIA) that reflects the removal of the previously proposed bank use. That TIA is currently under review by city staff. DRAINAGE ANALYSIS: Drainage from this site will be directed to the proposed detention structure under the parking lot. TREE PRESERVATION: Some of the existing trees are proposed to be preserved within parking lot islands and adjacent to curbs of the parking lot and access drive. The minimum width for these medians and distance the curb must be enough away from the trees as to not harm the existing root system. Utilities and landscape islands should be adjusted where possible to avoid conflicts with existing trees and further insure preservation. P&Z ACTION: February 21, 2008; Approved (6-0) subject to Site Plan Review Summary No. 2, dated February 15, 2008; designating the two parking spaces next to the ordering station as loading only; subject to a revised TIA plan for further review by the city engineers; and, noting applicant’s willingness to work with the landscape administrator to further preserve any trees along the front parking area. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated February 15, 2008. N:\Community Development\MEMO\2008cases\002 - ZSP - Nolen Center\Staff Reports\08-002ZSP.doc Case No. Attachment A ZA08-002 Page 2 Case No. Attachment B ZA08-002 Page 1 LINK TO POWERPOINT PRESENTATION FOR THIS ITEM Case No. Attachment C ZA08-002 Page 1 SITE PLAN Case No. Attachment C ZA08-002 Page 2 ELEVATIONS Case No. Attachment C ZA08-002 Page 3 SITE PLAN REVIEW SUMMARY ZA08-002Two2/15/08 Case No.: Review No.: Date of Review: Site Plan Project Name: – Nolen Center APPLICANT: ARCHITECT: Huff Partners – Dusty Renfro The Dimension Group – Kevin Patel, PE 301 Commerce St.; Suite 1750 10755 Sandhill Rd Fort Worth, TX 76102 Dallas, TX 75238 P: (817)259-3525 P: (214)343-9400 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/14/08 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 CLAYTON COMSTOCK AT (817) 748-8269. 1. The following comments are in regard to proposed “S-P-1” zoning district regulations: a. “C-2” District requires max. 70% impervious coverage. Create an “S-P-1” regulation increasing this to match the proposed site plan 2. Although not yet required by ordinance, City Council has requested that all Landscape Plans be in color to help in plant identification. Staff recommends providing a colored st landscape plan by 1 reading at City Council. * It is recommended that the development of this site be coordinated with the site to the south * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. is * The Development Review Committee (DRC) has determined that this pre-submittal not sufficient for formal consideration by the Planning and Zoning Commission (P&Z). A new pre-submittal for the next scheduled DRC meeting must be received at the City by 5:00 P.M. in accordance with the development application deadline schedule for “pre-submittals”. Please refer to the submission schedule.12 A total of copies of each plan folded to 12” x 9” and a single 11” x 17” reduction of each plan must be submitted. If not received prior to this deadline, the item will be moved to a later DRC agenda. Case No. Attachment D ZA08-002 Page 1 * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 65 or 75 * It appears that this property lies within the 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. * 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 Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off-site pavement. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment LANDSCAPE ADMINISTRATOR – KEITH MARTIN (817)748-8229 | kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The Tree Conservation Plan shows that 95% of the site has existing tree canopy cover and 47% of it is proposed to be preserved. If the trees that are shown as marginal are being counted in the remaining canopy cover calculation are removed than the plan would not meet the 47% of remaining existing tree canopy cover. Some of the trees that are shown as marginal and within parking lot landscape islands would realistically not be able to be preserved. Due to the grade changes for the construction of the parking lot and their adjacency to curbs and impervious cover. A Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0 within the Tree Preservation Ordinance. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the Minimum percentage of the existing entire site tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% Case No. Attachment D ZA08-002 Page 2 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. 1. Please ensure that the landscape medians where trees are proposed to be preserved are wide enough to accommodate adequate root system to preserve the trees, and that the trees are far enough away from the edge of curbs. Existing Trees: Variations to the planter island requirements may be approved in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter island shall be as follows: Tree Size Min. Island Width Min. Dist. Tree to Curb 6" - 12" DBH = 12' minimum width 4’ Greater than 12" DBH = 18' minimum width 8’ 2. There are lights proposed within the parking medians where existing trees are proposed to be preserved. In order to install the proposed lights, excavation for both the light pole bollard foundations and electricity would have to occur, which would most definitely alter the trees. Please reconfigure the proposed development lighting so that the existing trees proposed to be preserved are not affected. 3. There is an access drive proposed in the southeast corner of the development and it seems to cut directly through a group of existing trees. Please show the location of these trees on the Tree Conservation Plan and show if the trees would be removed or preserved. * 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 SUMMARY CHARTS: 1. Please provide the Interior Landscape and Bufferyards Summary Charts on the Site Plan. LANDSCAPE PLAN: 2. The plant material calculations in both the Bufferyards and Interior Landscape Summary Charts are incorrect. Please provide the correct “Required” and “Provided” bufferyard types and calculations within the landscape summary charts. CIVIL ENGINEER – CHERYL TAYLOR, PE (817)748-8100 | ctaylor@ci.southlake.tx.us Case No. Attachment D ZA08-002 Page 3 GENERAL COMMENTS: 1. Provide all necessary easements for water, sanitary and storm sewers. Drainage easements shall be 15’ minimum and located on one lot – not centered on the property line. Proposed easements must be dedicated by plat. Detention area shall be labeled as drainage easement. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: * There is an existing 12” water line on the south side of FM 1709 and an existing 12” water line on the east side of Nolen to serve this development. * The nearest sanitary sewer is an 8” sewer line that is located on the east side of Nolen and will need to be extended to serve this development. DRAINAGE COMMENTS: 1. Verify that the size, shape, and/or location of the detention facility, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. * The drainage from this development is generally to the east to the proposed storm sewer and underground detention facility which outfalls into the existing storm sewer system in S. Nolen Drive. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit Civil construction plans to Public Works Administration. Ensure that plans conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website under Public Works~Engineering Design Standards. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A Developer’s Agreement may be required for this development and must be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Case No. Attachment D ZA08-002 Page 4 Surrounding Property Owners Nolen Center SPO Owner Zoning Land Use Acreage # 1. Regional Retail Wyndham Properties Ltd SP2 0.976 2. Regional Retail Wyndham Properties Ltd SP2 0.792 3. Regional Retail Wyndham Properties Ltd SP2 1.997 4. Retail Commercial Sterling Properties Jv C2 1.973 5. Retail Commercial Park Monticello Ltd C2 0.548 6. Retail Commercial Shafer Plaza Xxv Ltd SP2 5.755 7. Retail Commercial Shanklin, Harold Est & Richard AG 5.916 Case No. Attachment E ZA08-002 Page 1 Surrounding Property Owner Responses Nolen Center Notices Sent: Seven (7). Responses Received: Three (3):  Richard Shanklin, 3505 Windsor Court, Colleyville, TX – in favor (2-15-08, see attached)  Wallace E. Downey, Downey Publishing, 2545 E. Southlake Blvd., Southlake, TX – in favor (2-21- 08, see attached)  Roger, Richard, and Ronald Williams submitted a letter regarding the ROW dedication for the Village Center Drive extension on February 21, 2008 (see attached). Case No. Attachment F ZA08-002 Page 1 Case No. Attachment F ZA08-002 Page 2 Case No. Attachment F ZA08-002 Page 3 Case No. Attachment F ZA08-002 Page 3 SPIN MEETING REPORT CASE NO. ZA08-002 PROJECT NAME: Nolen Center SPIN DISTRICT: 7 MEETING DATE: Monday, February 11, 2007 at 7:30PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Approximately nine (9)  SPIN REPRESENTATIVE(S) PRESENT: Eric Wang (7), Michael Terry (13)  APPLICANT(S) PRESENTING: Dusty Renfro, Kevin Patel  STAFF PRESENT: Planner Richard Schell STAFF CONTACT: Richard Schell, (817) 748-8602; rschell@ci.southlake.tx.us EXECUTIVE SUMMARY Property Location  Southwest corner of Southlake Blvd (F.M. 1709) and Nolen Drive.  Adjacent to Georgetown Park (west) and Shafer Plaza (east) across Nolen Drive. Development Details  Proposing S-P-1 zoning with “C-2” Local Retail Commercial District uses  One 11,876 square-foot single-story spec retail building on 1.648 acres  This is the third submittal of the project. The first submittal included a bank with a drive-through. The second submittal included an Arby’s and a Starbucks. Those submittals were after scrapped after receiving input from City Council and Planning and Zoning members discouraging those uses. The developers are currently in talks with a coffee shop and a non-fast food restaurant. There will be one drive-through lane for the coffee shop if they end up leasing space.  Extra parking islands are provided along the spaces closest to Southlake Blvd. to save as many trees as possible. The mature trees are important to the look and feel of the development.  There will be underground detention of storm water. QUESTIONS & DISCUSSION Why not bring the building forward to the street and move the parking to QUESTION: the rear? There is an easement already on the plat that allows the drive to match up RESPONSE: with the Georgetown Park Drive. In order to maintain the 50’ building setback and the required fire lane in front Case No. Attachment G ZA08-002 Page 1 of the building, the size of the bufferyard containing the mature trees would have to be reduced. More trees would have to be removed. The proposed setback is in line with the setback of the nearest Georgetown Park building to the west. A pitched roof would look good. It would be good to match the look of the COMMENT: Georgetown Park buildings. The best looking Georgetown Park buildings are not the ones along DISCUSSION: Southlake Boulevard. A pitched roof goes against design ideas. The design was chosen to match RESPONSE: the Central Market center (The Shops at Southlake) and Southlake Town Square. There should also be vertical articulation on the rear (south side) of the COMMENT: project since it will be visible to the street (Village Center) proposed to be extended to Nolen. Articulation would be a good idea. RESPONSE: Awnings help the appearance on buildings like these. COMMENT: Some are already included. RESPONSE: How tall is it? QUESTION: Twenty feet. The highest point is thirty-three feet. RESPONSE: Is it all brick? QUESTION: Yes, with some capstone and other trim. RESPONSE: Invitation Park is a good project to look at for design ideas. COMMENT: It will be hidden by trees similar to The Woodlands north of Houston. RESPONSE: How high is it compared to Georgetown Park? QUESTION: It is higher than Georgetown Park. RESPONSE: It could use more drastic height differential (articulation) in the front. COMMENT: It can’t be sticking above the trees along the street. RESPONSE: Will parking hurt the trees? QUESTION: Grasscrete will be used to protect marginal trees in parking islands along RESPONSE: Southlake Boulevard. CVS at White Chapel has a permeable surface and it looks unkept. COMMENT: We can use articulating blocks. The trees are important to the feel of the RESPONSE: project and every effort will be taken to save them. Are you overparked? If so, you can get rid of the row of parking spaces QUESTION: closest to Southlake Boulevard. The required parking is 61 spaces and we are providing 79 spaces. However, RESPONSE: if a restaurant leases space, they will need all 79 spaces. Have you received input from City staff? QUESTION: Case No. Attachment G ZA08-002 Page 2 We have asked Planning and Zoning and City Council members for input. RESPONSE: Is it Starbucks you are talking to? QUESTION: Yes, and other similar coffee shops. RESPONSE: The coffee shop is on the right side of the road. People are driving in that COMMENT: direction on the way to work. Invitation Park is articulated front and rear. Two new developments are COMMENT: Italian-like. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment G ZA08-002 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-553 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 A PORTION SITUATED IN THE OF TRACT 2A02A, T. EASTER SURVEY, ABSTRACT , AND BEING APPROXIMATELY 1.648 ACRES, AND MORE NO. 474 FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” 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 WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural Case No. Attachment H ZA08-002 Page 1 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 ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment H ZA08-002 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being situated in the, and a portion of Tract 2A02A, T. Easter Survey, Abstract No. 474 Case No. Attachment H ZA08-002 Page 3 being approximately 1.648 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. 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 Case No. Attachment H ZA08-002 Page 4 particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted Case No. Attachment H ZA08-002 Page 5 until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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 ___________, 2008. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008. Case No. Attachment H ZA08-002 Page 6 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA08-002 Page 7 EXHIBIT “A” Being situated in the, and being a portion of Tract 2A02A, T. Easter Survey, Abstract No. 474 approximately 1.648 acres. SPACE RESERVED FOR LEGAL DESCRIPTION Case No. Attachment H ZA08-002 Page 8 EXHIBIT “B” Case No. Attachment H ZA08-002 Page 9 Case No. Attachment H ZA08-002 Page 10 Case No. Attachment H ZA08-002 Page 11 Case No. Attachment H ZA08-002 Page 12 Case No. Attachment H ZA08-002 Page 13