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Item 8BCity of Southlake Department of Planning S T A F F R E P O R T April 26, 2006 ZA05-167 CASE NO: Zoning Change with Concept Plan and Site Plan for Town Lake Crossing PROJECT: REQUEST: Approval of a zoning change and concept plan from “C-3” General Commercial District and “SF-1A” Single Family Residential District to “S-P-2” Generalized Site Plan District with “C-2” Local Retail Commercial District uses. The plan proposes the development of approximately 49,352 square feet for retail, restaurant, and bank uses and approximately 23,508 square feet for office uses on approximately 9.74 acres. The uses and regulations proposed under the “S-P-2” zoning are as follows:  “C-2” Local-Retail Commercial District uses and development regulations to exclude the following uses: Frozen food lockers for individual or family use, not including the processing of food o except cutting or wrapping Tire batteries and automobile accessory sales o  Impervious Coverage – Max. overall not to exceed 75%, individual lots may exceed 75%  Side Yard – Not less than 10’  Floor Area – Max area may exceed 40,000 square feet per structure but may not exceed 50,000 square feet  Parking – 1 space per 250 square feet for entire development  Bufferyards – Bufferyards along interior lot lines shall not be required  Screening – A 6’ wrought iron fence with brick columns every 40 ft and an opaque, evergreen plant screen with a minimum height of 8 ft along the north and northwest property lines  Articulation – Horizontal and vertical articulation permitted for Lots 2 through 4 as shown on building elevations The following variances are requested under the alternate “C-2” revised site plan:  Driveway Stacking – 100 feet required, requesting 97.4 feet and 86.5 feet  Driveway Spacing – Min. 500 ft required, requesting 228.4 feet and 425.5 feet Consider first reading of zoning with concept plan and site plan ACTION NEEDED: Case No. ZA 05-167 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 4, dated April 13, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-488 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 05-167 BACKGROUND INFORMATION OWNER: Ottis F. Collins, Sr., James H. Martin, Shunail Corp., Inc., and David L. Brown APPLICANT: Winkelmann & Associates, Inc. PROPERTY SITUATION: The property is located at the northwest corner of W. Southlake Boulevard and Randol Mill Avenue. Randol Mill Avenue is part of the future F.M. 1938 expansion. LEGAL DESCRIPTION: Lots 4R2 & 4R3, J.G. Allen No. 18 Addition and Lots 6 & 7, Drake Estates LAND USE CATEGORY: Retail Commercial, Office Commercial, and Low Density Residential CURRENT ZONING: “C-3” General Commercial District and “SF-1A” Single Family Residential District REQUESTED ZONING: “S-P-2” Generalized Site Plan District HISTORY: -A final plat for Drake Estates was approved by the City on October 24, 1978. -Zoning of “SF-1A” was placed on Drake Estate lots and zoning of “C-3” was placed on the J.G. Allen lots with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. -A plat showing for Lot 4, J.G. Allen No. 18 Addition was approved by P&Z on January 7, 1993. -City Council approved a plat revision creating Lots 4R1 - 4R3 August 4, 1998. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends Southlake Boulevard to have 130 feet of right-of-way. Adequate right-of-way exists for this roadway. The Master Thoroughfare Plan recommends Randol Mill Avenue to have 140 feet of right-of-way for the future expansion of F.M. 1938 north of W. Southlake Boulevard. The plan is showing dedication for this roadway. Existing Area Road Network and Conditions The Town Lake Crossing development is proposing to use an existing driveway on W. Southlake Boulevard that is shared with the Southlake Crossing Animal Clinic. The development will also have two (2) accesses onto Randol Mill Avenue. W. Southlake Boulevard is a five-lane, undivided thoroughfare with a continuous, two-way, center left-turn lane. The width of the roadway is Case No. Attachment A ZA 05-167 Page 3 sufficient to be a seven-lane roadway. W. Southlake Boulevard is planned to be re-surfaced and re-striped to the seven lanes this summer. May, 2005 traffic counts on W. Southlake Blvd (between Davis Blvd & Pearson Ln) 24hr 17,30316,915 West Bound (WB) () East Bound (EB) () WB 9001,881 Peak A.M. () Peak P.M. () 5:30 – 6:30 p.m. 11:15 – 12:15 a.m. EB 1,6261,186 Peak A.M. () 7 – 8 a.m. Peak P.M. () 5 – 6 p.m. May, 2005 traffic counts on Randol Mill Ave (between Southlake Blvd & Florence Rd) 24hr 4,0654,142 North Bound (NB) () South Bound (SB) () NB 373349 Peak A.M. () 7 – 8 a.m. Peak P.M. () 4 – 5 p.m. SB 350352 Peak A.M. () Peak P.M. () 7:45 – 8:45 p.m.4:30 – 5:30 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Retail Center 49,352 2,118 31 20 89 96 Office 23,508 259 32 4 6 29 Total 72,860 2,377 63 24 95 125 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Boulevard and Randol Mill Avenue. The applicant has submitted an intersection improvement plan that will add an additional lane to Randol Mill Avenue allowing for 2-lanes to pass through the intersection continuing south on Davis Boulevard. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8-foot multi-use trail is planned adjacent to the development along W. Southlake Boulevard. The trail currently exists and is shown on the site plan. The site plan also proposes a 5-foot sidewalk along Randol Mill Avenue. WATER & SEWER: A 12-inch water line exists along the north side of W. Southlake Boulevard. A 10-inch sanitary sewer line exists along the west side of Randol Mill Avenue. DRAINAGE ANALYSIS: The majority of the storm water from the site will be collected in the storm drain system which includes 3 detention ponds that release into the existing storm drain system in Southlake Blvd. The northeast corner of the development will be collected in the proposed detention pond along Randol Mill Avenue which will be released into the existing storm sewer system in Randol Mill Avenue. Case No. Attachment A ZA 05-167 Page 4 TREE PRESERVATION: Most all the quality trees on the site are located along the west perimeter boundary line of the property, with eight (8) being within the interior of Lot 3, and other in the in the northeast corner of Lot 5 in front of the existing house. There are a lot of Hackberry trees and eastern Red Cedar along the fence lines of the property. The submitted Tree Survey shows most of the perimeter quality trees to be preserved but the existing trees within the interior of the site are located within building pads and access drives or parking. The existing trees in the northeast corner of Lot 5 are within the dedicated right-of-way area of Randol Mill Road. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Davis Blvd/F.M. 1938 Corridor study area to include the following changes: Land Use Recommendations  LUD: Retail Commercial, Office Commercial, and Low Density Residential with a T-1 optional designation. This development as proposed is not fully consistent with the Future Land Use Plan (specifically Lots 3, 4, and 5).  Site Specific Recommendation (from the Davis Blvd/F.M. 1938 Corridor Plan):  Locate lower intensity office uses and/or residential uses on the northern portion of the property to provide a transition to the existing residential to the north. The proposed development includes office uses on the northern portion of the site.  Provide connectivity within the site and to properties to the west. The proposed development provides pedestrian and automotive connectivity throughout the site and to the property to the west.  This site should be master-planned with properties to the west. The property to the west is currently being developed separately. P&Z ACTION: March 9, 2006; Approved to table until the April 6, 2006 meeting. April 6, 2006; Approved to table until the April 20, 2006 meeting. April 20, 2006; Approved (4-0) subject to Site Plan Review Summary No. 4, dated April 13, 2006; granting variances for spacing and stacking. Noting applicant’s willingness to provide a temporary turn lane on Randol Mill; provide a right in right out only on the southern driveway cut; to provide unified amenities as presented. And, recommending a yield sign for the east bound FM 1709 to the southbound Davis Blvd. intersection. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated April 13, 2006. N:\Community Development\MEMO\2005cases\05-167ZCP - SP1.doc Case No. Attachment A ZA 05-167 Page 5 Case No. Attachment B ZA 05-167 Page 1 CONCEPT PLAN/SITE PLAN Case No. Attachment C ZA 05-167 Page 1 ANCHOR ELEVATIONS Case No. Attachment C ZA 05-167 Page 2 ANCHOR ELEVATIONS Case No. Attachment C ZA 05-167 Page 3 ANCHOR ELEVATIONS Case No. Attachment C ZA 05-167 Page 4 Case No. Attachment C ZA 05-167 Page 5 BANK ELEVATIONS Case No. Attachment C ZA 05-167 Page 6 Case No. Attachment C ZA 05-167 Page 7 Town Lake Crossing & Stonebridge Park Comprehensive Rendering Case No. Attachment C ZA 05-167 Page 8 ARTISTS RENDERING Case No. Attachment C ZA 05-167 Page 9 UNIFYING AMENITIES TOWN LAKE CROSSING & STONEBRIDGE ARK Case No. Attachment C ZA 05-167 Page 10 COMPREHENSIVE AERIAL VIEW TOWN LAKE CROSSING & STONEBRIDGE PARK Case No. Attachment C ZA 05-167 Page 11 CONCEPTUAL OFFICE ELEVATIONS Case No. Attachment C ZA 05-167 Page 12 CONCEPTUAL OFFICE ELEVATIONS Case No. Attachment C ZA 05-167 Page 13 Case No. Attachment C ZA 05-167 Page 14 Case No. Attachment C ZA 05-167 Page 15 Case No. Attachment C ZA 05-167 Page 16 Case No. Attachment C ZA 05-167 Page 17 INTERSECTION IMPROVEMENT PLAN Case No. Attachment C ZA 05-167 Page 18 Case No. Attachment C ZA 05-167 Page 19 SITE PLAN REVIEW SUMMARY ZA05-167Four04/13/06 Case No.: Review No.: Date of Review: Concept Plan &Site Plan Project Name: – Shoppes at Southlake Crossing APPLICANT: Armstrong Las Colinas, L.P. ENGINEER: Winkelmann & Assoc, Inc. Maria C. Bonilla 2100 Wharton St, Suite 700 6750 Hillcrest Plaza Dr, Suite 100 Pittsburgh, PA 15203 Dallas, TX 75230 Phone: (412) 381-1122 Phone: (972) 490-7090 Fax: Fax: (972) 490-7099 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/11/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8069 OR BEN BRYNER AT (817) 748- 8602. 1)The following changes are needed with regard to driveways: a)Provide the minimum spacing between proposed drives and from the southern proposed drive and the intersection. A minimum spacing of 500’ is required along future F.M. 1938 from (A variance has been requested.) street intersection and between full access drives. b)Provide the minimum stacking depth for all drives into the development. The minimum (A variance has been requested.) stacking required for this site is 100’ for each drive. 2)Show and label the rear and side building lines on proposed Lots 1 & 2. 3)Relocate the location of the dumpster near the west property on Lot 5. No trash dumpster may be within 50’ of single family residential property. 4)Adjust the lot line measuring 59’ between Lots 3 & 4 so that it does not split the fire lane. Southlake 2025 Review Comments: * LUD: Retail Commercial, Office Commercial, and Low Density Residential with a T-1 optional designation. This development as proposed is not fully consistent with the Future Land Use Plan (specifically Lots 3, 4, and 5). * Site specific recommendations in the Davis Blvd Corridor Plan include: Locate lower intensity office uses and/or residential uses on the northern portion of the property to o provide a transition to the existing residential to the north. The proposed development includes office uses on the northern portion of the site. Case No. Attachment D ZA 05-167 Page 1 Provide connectivity within the site and to properties to the west. The proposed development o provides pedestrian and automotive connectivity throughout the site and to the property to the west. This site should be master-planned with properties to the west. The property to the west is o currently being developed separately. INFORMATIONAL COMMENTS * 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. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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 and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Case No. Attachment D ZA 05-167 Page 2 Case No Review No.Dated: Number of Pages: . 05-167 _Three_ March 2, 2006 2 ___ Project Name: Town Lake Crossing (FKS: The Shoppes at Southlake Crossing) (Zoning Change & Concept Plan/Site Plan) Comments due to the Planning Department: March 2, 2006_____ ContactPhone:Fax: : Keith Martin (817) 748-8229__________ (817) 481-5713___________ =========================================================================== The following comments are based on the review of plans received on February 20, 2006 . 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. =========================================================================== Are the bufferyards correctly shown and labeled? * The bufferyards are labeled and shown. Does the plan meet the interior landscape requirements? * Yes. Does the plan meet the parking lot landscaping requirements? * Yes. Are the parking/bufferyard/landscaping summary charts correct? 1. The required interior landscape area for the entire development site is 37,575 square feet of landscape area space. The required interior landscape area in the Interior Landscape Summary Chart is shown to be 36,576. Please correct the required interior landscape space calculation. 2. The applicant is proposing to over park the site by 83 parking spaces but there does not seem to be any existing trees located within the proposed parking. Mitigation for Parking: If a person provides parking spaces in addition to the required number of parking spaces, the person shall be required to replace trees which are required to be altered due to the parking or to make payment to the City Reforestation Fund, or a combination thereof, as directed by the Landscape Administrator. The following formula shall be used to calculate the number of trees to be replaced or the payment due: The Landscape Administrator shall identify the total number of parking spaces above the number required by the Zoning Ordinance and calculate the number of trees to be replaced or mitigated based on an equivalent number of spaces in the lot containing the greatest number of trees. Case No. Attachment D ZA 05-167 Page 3 Is a tree survey required? * A tree survey of the property was provided. TREE PRESERVATION COMMENTS: 1. Most all the quality trees on the site are located along the west perimeter boundary line of the property, with eight (8) being within the interior of Lot 3, and other in the in the northeast corner of Lot 5 in front of the existing house. There are a lot of Hackberry trees and eastern Red Cedar along the fence lines of the property. The submitted Tree Survey shows most of the perimeter quality trees to be preserved but the existing trees within the interior of the site are located within building pads and access drives or parking. The existing trees in the northeast corner of Lot 5 are within the dedicated right-of-way area of Randol Mill Road. LANDSCAPE PLAN COMMENTS: 1. A Landscape Plan is normally not required to be submitted with the formal submittal of a developmental Concept Plan or Site Plan. The submitted Landscape Plan does meet the minimum requirements of the interior landscape and bufferyard regulations but will be required to be reviewed for compliancy for any additional regulations put forth by City Council Motion. Case No. Attachment D ZA 05-167 Page 4 Surrounding Property Owners Town Lake Crossing Owner Zoning Land Use Acreage 1.Southlake Crossing Ani Clinic C-3 Retail Commercial 0.528 2.Martin, James H C-3 Retail Commercial 2.838 3.Shunail Corp Inc C-3 Retail Commercial 0.904 4.Hohidan Investment Inc C-2 Retail Commercial 1.02 5.Texas Bank C-2 Retail Commercial 0.82 6.City of Southlake SP-1 Retail Commercial 4.013 7.Campbell, Danny E SF-1A Low Density Residential 3.0 8.Collins, Ottis F Sr SF-1A Low Density Residential 3.0 9.Brown, David SF-1A Office Commercial 3.0 10.Myers Meadow HOA R-PUD Medium Density Residential 4.029 11.Daily Six Texas Inc SP-1 Retail Commercial 0.512 12.Wendys International Inc C-2 Retail Commercial 0.723 Case No. Attachment E ZA 05-167 Page 1 13.Stanley Crossing, Lp C-2 Retail Commercial 1.099 14.Albertson’s Inc C-3 Retail Commercial 5.552 15.Metroplex Multifoods Inc C-3 Retail Commercial 0.692 16.N T V M G L Lp SP-2 Retail Commercial 0.935 17.Stonebridge Monticello Pt Ltd SP-2 Office Commercial 1.478 18.Stonebridge Monticello Pt Ltd SP-2 Office Commercial 3.173 19.Corning, Sherri L & Robert G SF-1A Low Density Residential 1.0 20.Corning, Sherri L & Robert G SF-1A Low Density Residential 1.814 21.Garner, Robert & Billie SF-1A Low Density Residential 3.285 22.Saunders, Harold W AG Medium Density Residential 1.0 Case No. Attachment E ZA 05-167 Page 2 Surrounding Property Owner Responses Town Lake Crossing Notices Sent: Nineteen (19) Responses Received: Two (2) Rian Maguire, Realty Capital, wrote in support of the item. Rcvd April 11, 2006 William Stonaker, Wilson & Stonaker, wrote in support of the item. Rcvd April 20, 2006 Case No. Attachment F ZA 05-167 Page 1 Case No. Attachment F ZA 05-167 Page 2 Case No. Attachment F ZA 05-167 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-488 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 LOTS 4R2 & 4R3, J.G. ALLEN NO. 18 ADDITION AND LOTS 6 & 7, DRAKE ESTATES, AND BEING APPROXIMATELY 9.74 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-3” GENERAL COMMERCIAL DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED “C-2” LOCAL RETAIL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT 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 Case No. Attachment G ZA05-167 Page 1 WHEREAS, the hereinafter described property is currently zoned as “C-3” General Commercial District and “SF-1A” Single Family Residential 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 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property Case No. Attachment G ZA05-167 Page 2 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 Lots 4R2 & 4R3, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4649, Plat Records, Tarrant County, Texas, and Lots 6 & 7, Drake Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-124, Page 68, Plat Records, Tarrant County, Texas, and being approximately 9.74 acres, and more fully and Case No. Attachment G ZA05-167 Page 3 completely described in Exhibit “A” from “C-3” General Commercial District and “SF-1A” Single Family Residential District to “S-P-2” Generalized Site Plan District with limited “C-2” Local Retail Commercial District uses as depicted on the approved Concept 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 particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use Case No. Attachment G ZA05-167 Page 4 of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 Case No. Attachment G ZA05-167 Page 5 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 ___________, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA05-167 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA05-167 Page 7 EXHIBIT “A” Being Lots 4R2 & 4R3, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4649, Plat Records, Tarrant County, Texas, and Lots 6 & 7, Drake Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-124, Page 68, Plat Records, Tarrant County, Texas, and being approximately 9.74 acres. Case No. Attachment G ZA05-167 Page 8 EXHIBIT “B” Case No. Attachment G ZA05-167 Page 9 Case No. Attachment G ZA05-167 Page 10 Case No. Attachment G ZA05-167 Page 11