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Item 7ICity of Southlake Department of Planning STAFF REPORT January 31, 2003 CASE NO: ZA02 -104 PROJECT: Southlake Town Square REQUEST: On behalf of Southlake Town Square, the City of Southlake is requesting approval of a zoning change and concept plan in conjunction with the creation of the Downtown Zoning District ( "DT "). ACTION NEEDED: Consider first reading for zoning change and concept plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) Background Information Vicinity Map Concept Plan Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -410 11" x 17" Concept Plan (Council Members only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA02 -104 BACKGROUND INFORMATION APPLICANT: The City of Southlake PURPOSE: To promote and retain the unique nature of Town Square as the community's Downtown. PROPERTY SITUATION: The property is located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. LEGAL DESCRIPTION: Blocks 1R, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR -PUD" Non - Residential Planned Unit Development District REQUESTED ZONING: "DT" Downtown District STAFF COMMENTS: A Concept Plan is attached (see Attachments "C" and "G "). The intent of this zoning change is to retain all previously approved plans and uses permitted on the property. Any future plan approvals and /or placement of new uses must adhere to the conditions of the "DT" district and any other applicable ordinances. P &Z ACTION: December 5, 2002; Approved (5 -0) COUNCIL ACTION: December 17, 2002; Approved First Reading on Consent (6 -1) January 21, 2003; Approved to Table on Consent (5 -1) until the February 4, 2003 City Council meeting. M \Community Development \WP - FILES \MEMO \2002cases \02- 104ZCP.doc Case No. Attachment A ZA02 -104 Page 1 Vicinity Map outhlake Town Square 1000 0 1000 2000 3000 Feet N Case No. ZA02 -104 E Attachment B Page 1 �;. .. ODD N Z LUD= `a \ 1 RETAIL COMMERCIAL \ ``a``y\ `a \ NR H— O LUD LOT ` 0 GREEN1fAY- ARROLL ADDITION M ��` ` \ '�K`, ` �� \�., 1', = . APPROVED P1NAL PICT \ `` `.� ` MIXED USE (RECORD RiFO. PENDING) �:'. , \ 5 CASE N0. 7r1o1- 103.. , `\ 5D 4 LOT 2 2a 2 5 B c D. a c !" Q bi ' ~ aye:. �:.\ ```.`,.`;; ;«r `, 2g 1VRPUD zeiA zcI D. U > LUD= E ti3e CS ,® ` e,`:. MIXED USE C LUD — °' BO NDARY ae `. \ *`,` . i \ a \ 2c 6482e B.F_ :ST couRT - MIXED USE `a`. `\`: ;`• , I Y MIME B.F. • ® Br' m -o8.s\ •.\ ` ,moo,\ .\ AG UD= C F CE COMMERC Bros . `• rery re 1n1s s.f. ON .W ADM °� d 31529. F. �♦ `�`�, SLIDE 784 O LOT f 9 C� q1`•• \ \\ ``� 26 .T.C.T. •!. sm� s.F. l \� ° V / /�•�j {52.5' P.O. M. A /.,Uq�� `� 70OIHaI� 186a1afE - LIMIT 1 f / /," " ° G � o 1 P . TOIM amuaE // 'P L 24 ` ` 18' aE• L0030 i .`. -T. rASE 1 / - :B UND .Hi, 1a u.F I P -1 •/] arner RiIVE �® i f // f LBRIN $l f/ // 2 i8 B.F. /_BJ lxef{E EASDidT w UO i 68¢7e96.F. 'NADiN110h3 r>UDE13M mLGTO i 785' n a x 1 - ._ vj �i ;' I� sru u. VILLAGECENTER .T.C.T. _ -- P.U.D. BUILDING ENVELOPE p5+9e V,/ / /� �. / it PHASE2 t5. 9wI9neE e e BOUNDARY �-�+ '� C.T 5d.30B8 3 uTi1.1TS 3C mm :m BUILDING ENVELOPE l MISS 9 -c. ., jj o / I I / 1 89a1B LOT 4 G O 195' R -o. w.l 23 C -3 �' ¢ // Tll BLOCK A 2 !.c / /.: qW 10 x+asw a. c. +/ /�� we �i f " I �c%Sn ji LUD - " �• 81DG [awon ° /// J181808 k><' T� ! I /,i% RETAIL COMMERCIAL "`_. _ Y33'AffL%'l2 U7 P 9rM III r AG {em's a s of �sr ( f � f O LOT 3 15 77:tvt ` Y oeID %La �r / j i; I �I 21 W 3 Al 11 BUILDING ENVELOPE C BUILDING ENYELOPEIR 4Lr. ,F y t.�a' j�,r'" - • - • - I I� BLOCK 2 �'a a .! ®don / / /. I {.. 1° . "'. " .j • `'L so acct55 1-T as V �✓` {�//� / I ,ri.. es7 I _____ SR7 SR2„ JPDUk'TlDiw �F ` /. -° IY� - _�___ - LOT 3 APPROVED CONCEPT -IAN I `� i /�1 ��1 / l 4 y ad'- I I l, r ss u.6 BLOCK P CRESTWOOD DM ICE PARK %f•'•'S1'.'P� 20 15' u E SP -2 'f! "7 f , / sogT maxr h -- - 7_ - - -- 1� iNLM29LV6. y . y �' 7, - w•ml R mug m.r v .re• am.u� ®.m wa.w. m.m 1a Irrxuar - — - -- - -- --- ----- - - - - - -- - - -- - - - - -_ = 2asElExr _ n maNAI 4 LOT 6 16 O _. LOT 5 ILOT SR 13 4G D SP2 7A 13 ae,8 a 14 PROPOSED 15 i7 19 cl 0 -1 DRIVE r r UD AG AP PROVE D CONCEPT PLAN �` EASENEN C2 1Q "� LUD= SD ratauP COMMONS '00 GDaeuTT DON. gp_2 YO L. 30. 2P5. LUD= SP-2 P. PG = DENSITY LUD= R. T. D. 460 -67A 01 � _ Hr iIDENTLAL MED_ DE NSI _ OFFICE COMMERCIAL �7 1a MIRON ADDITION Surrounding Property Owners Southlake Town Square 7 7 2 3 24' y 23 22 5 4 8 21 20 13 y 14 4 1 " 1 V Owner Zoning Land Use Acreage 1. Greenway Carroll 1. C3 1. Retail Commercial 1. 10.0 2. City of Southlake 2. CS 2. Mixed Use 2. 2.68 3. The Fechtel Group 3. C3 3. Mixed Use 3. 31.7 4. United States Postal Serv. 4. SP1 4. Mixed Use 4. 2.86 5. Southlake Venture West 5. SP1 5. Mixed Use 5. 2.28 6. M. Wright 6. SF -20A 6. Med. Density Residential 6. 0.53 7. P. Linn 7. SF -20A 7. Med. Density Residential 7. 0.47 8. Mendez Ltd 8. AG 8. Med. Density Residential 8. 3.00 9. J. Strunk 9. AG 9. Med. Density Residential 9. 3.00 10. Greenway Rowlett 10. SP2 10. Med. Density Residential 10. 1.17 11. Southlake Venture 11. NRPUD 11. Mixed Use 11. 0.25 12. Southlake Venture 12. SP2 12. Mixed Use 12. 0.51 13. A. Prade 13. AG 13. Med. Density Residential 13. 18.0 14. S. Carroll /1709 Ltd 14. SP2 14. Office Commercial 14. 29.1 15. Tx. Health Resource 15. SP2 15. Office Commercial 15. 12.6 16. E. Taylor 16. Ol 16. Office Commercial 16. 1.52 17. P. Bruton 17. SP2 17. Office Commercial 17. 1.00 18. Z &E Land 18. C2 18. Office Commercial 18. 1.03 19. G. Miron 19. C2 19. Office Commercial 19. 1.03 20. Goldfish (DE) Lp 20. C3 20. Retail Commercial 20. 4.68 21. HD Development 21. C3 21. Retail Commercial 21. 11.5 22. State of Tx. 22. C3 22. Retail Commercial 22. 2.06 23. PKB Enterprises 23. C3 23. Retail Commercial 23. 40.5 24. The Fechtel Group 24. NRPUD 24. Mixed Use 24. 31.7 25. Southlake Venture 25. NRPUD 25. Mixed Use 25. 4.73 26. Southlake Venture 26. NRPUD 26. Mixed Use 26. 4.21 27. SL Central II Venture 27. NRPUD 27. Mixed Use 27. 4.64 28. City of Southlake 28. NRPUD 28. Mixed Use 28. 0.93 29. Southlake Venture 29. NRPUD 29. Mixed Use 29. 4.31 30. Southlake Venture West 30. NRPUD 30. Mixed Use 30. 1.54 31. City of Southlake 31. NRPUD 31. Mixed Use 31. 0.68 32. City of Southlake 32. NRPUD 32. Mixed Use 32. 0.81 Case No. Attachment D ZA02 -104 Page 1 Surrounding Property Owner Responses S outhlake Town Square Notices Sent: Twenty -Seven Reponses: None Case No. ZA02 -104 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -410 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 BLOCKS 1R, 2R1, 3R1, 4R, 5R, 6, 7, AND 8, SOUTHLAKE TOWN SQUARE, AND TRACTS 3,3A, 2A5, AND 2A, R. EADS SURVEY, ABSTRACT NO. 481, BEING APPROXIMATELY 105 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "DT" DOWNTOWN DISTRICT, 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 "NR -PUD" Non - Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA02 -104 Page 1 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 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 Case No. Attachment F ZA02 -104 Page 2 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 Blocks 1R, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 4892, 6888 and 6889, Plat Records, Tarrant County, Texas, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481, being approximately 105 acres, and more fully and completely described in Exhibit "A" from "NR -PUD" Non - Residential Planned Unit Development District to "DT" Downtown District. 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. Case No. Attachment F ZA02 -104 Page 3 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 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, Case No. Attachment F ZA02 -104 Page 4 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 ten (10) 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 frill 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 , 2002. Case No. Attachment F ZA02 -104 Page 5 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA02 -104 Attachment F Page 6 EXHIBIT "A" Being Blocks 1R, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 4892, 6888 and 6889, Plat Records, Tarrant County, Texas, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481, being approximately 105 acres. Case No. Attachment F ZA 02 -104 Page 7 EXHIBIT "A,, BEGINNING at a found 518 inch iron rod in the south right -of -way line of State Highway 114 (Northwest Parkway) (a 200 foot R.O.W.), said point being the southeast corner of a tract of land, conveyed to Greenway- Carroll Road Partners, recorded in Volume - 11445, Page 1627, Deed Records, Tarrant County, Texas, said point also being the most northerly, northeast comer of Fechtel tract; THENCE South 47 °56'15" East, along said south right -of -way line, a distance of 171.70 feet to a Texas Highway Department monument found for corner, said point being the point of curvature of a curve to the left, having a delta of 17 1 26'51 a radius of 5,839.58 feet and a chord bearing and distance of South 56 1 39'41" East, 1,771.38 feet; THENCE southeasterly, continuing along said south right -of -way line and along the arc of said curve to the left, a distance of 1,778.25 feet to a 1/2 inch iron rod with cap found for corner said point being the northeast corner of said Peterka tract and the northwest corner of a twenty foot strip of land, conveyed to Diamond Shamrock Corp., recorded in Volume 6812, Page 2108, Deed Records, Tarrant County, Texas; THENCE South 00 °01'16" East, leaving said south right -of -way line and along the east line of said Peterka tract and the west line of said Diamond Shamrock tract, a distance of 1,517.13 feet to a 112 inch iron rod with cap found for comer in the north right -of -way line of Southlake Boulevard (F.M. 1709) (a 130 foot R.O.W.), said point also being the southeast comer of said Peterka tract and the southwest comer of said Diamond Shamrock tract; THENCE North 89 West, along said north right -of -way line, z distance of 820.00 feet to a 112 inch iron rod with cap found for corner; THENCE North 88 1 55'18" West, continuing along said north right -of -way line, a distance of 505.52 feet to a. 5/8 inch iron rod found for corner, said point being the southwest corner of said Peterka tract and the southeast comer of said Fechtel tract; THENCE North 88 °54'16" West, continuing along said north right -of -way fine, a distance of 1,261.13 feet to a 518 inch iron rod found; for comer, said point being the southwest corner of said Fechtel tract, said point also being the intersection of the north right -of -way line of said Southlake Boulevard and the east right -of -way line of North Carroll Avenue (a variable width R.O.W.); TH N E North 00 11'06" West, along said east right -of -way line, a distance of 987.22 feet to a point for corner; SAVE AND EXCEPT area within State Highway 114 right -of -way, area within North Carroll Avenue Case No. Attachment F ZA 02 -104 Page 8 right -of -way, and Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas. Case No. ZA 02 -104 Attachment F Page 9 EXHIBIT `B" Case No. Attachment F ZA 02 -104 Page 10