Department of Planning & Development Services

Transcription

1 Department of Planning & Development Services S T A F F R E P O R T October 27, 2015 CASE NO: PROJECT: EXECUTIVE SUMMARY: REQUEST DETAILS: ZA Zoning Change and Site Plan for Lowe s On behalf of Lowe s Companies, Adams Engineering and Development Consultants is requesting approval of a Zoning Change and Site Plan for Lowe s Southlake on property described as Lot 5, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 201 N. Kimball Avenue, Southlake, Texas. Current Zoning: "C-3" General Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood # 8. The applicant is requesting approval of a zoning change and site plan for the existing Lowe s Home Improvement Center in Southlake primarily to allow a reduction in required parking spaces along the south portion of the lot and to use this area for outside seasonal storage of merchandise generally between the months of February through October. In addition, the applicant is seeking approval to add screening walls along the front of the store to allow for outside storage. Additional screening through plant materials along the FM 1709 right of way is proposed (see Attachment C, pages 4 and 5). The proposed location of the screening walls along the store front and screening materials are found in Attachment C pages 6 and 7. A parking study was conducted and submitted by the applicant in support of the requested reduction. The study has been reviewed by Lee Engineering and it was determined that the reduction would not adversely affect parking demand. See pages 3-4 in Attachment E for full report. Site Data Summary Element Existing S-P-1 Zoning C-3 S-P-1 with C-3 uses Required Parking Sales Floor/Offices 1/ ,568 sf / 678 Garden Center 1/600 29,000 sf / 49 Staging Area 1/ ,000 sf / 12 Totals % reduction approved by City Council = spaces supported by Parking Study ZA15-104

2 The applicant is requesting that all other existing conditions remain as previously approved. On October 22, 2015, the Planning & Zoning Commission recommended approval (4-1 Forman) subject to the staff report and site plan review summary; noting that the seasonal display in the south parking lot be limited to February through October; that a definition of storage items will be provided to City Council; that the approval be limited to a home improvement retailer on this site; that the applicant will provide a storefront rendering; and, that the items stored in the south parking lot be limited to landscape items such as mulch, compost, etc. and no swing sets. The applicant has submitted the requested storefront renderings found on pages 6 and 7 of Attachment C in this report, and has defined the items intended for storage in the S-P-1 zoning document found on page 3 of Attachment C in this report. Staff has provided an overview of the current outdoor storage regulations as part of your packet materials as well as slide # 5 of the presentation. ACTION NEEDED: Consider 1 st reading for zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information LINK TO PRESENTATION (D) SPIN Forum Summary Report (E) Site Plan Review Summary No. 3, dated October 27, 2015 (F) Surrounding Property Owners Map & Responses (G) Ordinance No (H) Full Size Plans and Parking Study (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) Lorrie Fletcher (817) ZA15-104

3 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: HISTORY: Lowe s Companies Adams Engineering and Development Consultants 201 N. Kimball Avenue Lot 5, Block 1, Kimball/1709 Addition Regional Retail C-3 General Commercial District S-P-1 Detailed Site Plan District March 15, 1994; City Council approved C-3 General Commercial District zoning under Case ZA September 1, 1998; City Council approved a site plan for Lowe s under Case ZA CITIZEN INPUT: SOUTHLAKE 2030: A SPIN Town Hall Forum meeting summary report is included under Attachment D of this report. Consolidated Future Land Use The Southlake 2030 Future Land Use Plan designates this property as Regional Retail. Regional Retail as defined within Southlake 2030: The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed. Master Thoroughfare Plan The property is situated in between State Highway 114 eastbound frontage road and Southlake Boulevard. State Highway 114 is designated as a Freeway with variable right of way widths from 300 to 500. Southlake Boulevard is designated as a 6-lane divided Arterial roadway with variable right of way widths from 130 to 140. Attachment A ZA Page 1

4 TRANSPORTATION ASSESSMENT: Pathways / Sidewalk Plan The City s Zoning Ordinance No. 480, as amended, Section requires sidewalks at a minimum of 5 in width for all development requiring a City Council approved Site Plan unless otherwise required on the official Pathways Plan. There is an existing 8 sidewalk along Southlake Boulevard. Construction of an 8 sidewalk is required along the State Highway 114 eastbound frontage road. Area Road Network and Conditions The existing development has direct access points from Southlake Boulevard as a right in / right out only and from the State Highway 114 eastbound frontage road. There is also indirect access off of Kimball Avenue through two other common access roadways. Southlake Boulevard (13) (between Nolen Drive and Kimball Avenue) State Highway 114 Eastbound Frontage Road (005) (between Kimball Avenue and SH 114 exit ramp to FM 1709) West Bound East Bound East Bound 24hr 18,369 20,285 15,968 AM PM Peak AM (1469) 11:45 AM 12:45 PM Peak PM (1712) 4:45 PM 5:45 PM Peak AM (1760) 7:45 AM 8:45 AM Peak PM (1483) 12:00 PM 1:00 PM * Based on the 2015 City of Southlake Traffic Count Report Peak AM (1210) 7:15 AM 8:15 AM Peak PM (1225) 4:30 PM 5:30 PM Traffic Impact Use Area *Vtpd AM- IN AM- OUT PM- IN PM- OUT Home Improvement Superstore (862) 176,568 5, * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7 th Edition UTILITIES: Water There is an existing 8-inch water line running directly through the property to service Lowe s. Sewer There is an existing 8-inch sanitary sewer line running from the southeast corner of the property, extending to the central west boundary. TREE PRESERVATION: No existing trees are proposed to be altered. PLANNING & ZONING COMMISSION ACTION: October 22, 2015; Approved (4-1) as presented subject to the following: Staff Report and Site Plan Review Summary No. 2, dated October 16, 2015; noting the display in the south parking lot will be from February through October only; a clear definition of the items to be stored will be provided to City Council; Attachment A ZA Page 2

5 the approval is limited to home improvement retailer on this site; the applicant will provide a storefront rendering to City Council; and, the south parking lot seasonal storage items will be limited to landscape items such as mulch, compost, etc. No swing sets. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated October 27, N:\Community Development\MEMO\2015 Cases\104 - ZSP - Lowes Southlake\CC Packet\Item 7A.docx Attachment A ZA Page 3

6 Attachment B ZA Page 1

7 Site Plan Attachment C ZA Page 1

8 Zoning Regulations presented to P&Z October 22, 2015 Lowes Southlake Proposed Permitted Uses and Development Regulations for SP-1 Zoning ZA Permitted Uses: This property is an existing home improvement store that was approved in It is one lot consisting of 14.7 acres and is currently zoned C-3. There is no proposal to change the C-3 use rather a request to zone the property SP-1 to allow for variances from the C-3 Zoning. Development Regulations: This property shall be subject to the development regulations for the C-3 General Commercial District, and all other applicable regulations with the following exceptions: Allow for a reduction in the parking requirements more fitted to home improvements centers. Attached Parking Study supports the request for lesser parking needs. Proposed parking requirement is 564 spaces. Lowe s corporate standard is 400 spaces. Allow for additional outside sales of various products beyond lawn care items along the store frontage through the use of screen walls. Allow for seasonal outside sales and storage in the 78 spaces in the south parking lot. Seasonal sales times are generally February through the end of October. Allow for impervious coverage and open space as shown on site plan and as previously approved. Use and Operation: Lowes relies heavily on the sale of merchandise that is visible upon entry to the store. At the contractor entrance screen walls will allow for the visibility to commonly used materials that contractors purchase daily. Along other areas in front of the store screen walls will allow for the display of seasonal specialty items that are either top sellers or close-out items. Most importantly is the visibility and ease of access to seasonal items such as mulch and compost that can be stored, sold and loaded in the south parking area. Additional plantings along Southlake Boulevard are proposed to screen the storage and sales in the south parking lot and are shown on the submitted landscape plan. Security for outside storage has not historically been a problem or concern for Lowes at this as well as their other locations. As an existing measure that area currently does have security camera. Attachment C ZA Page 2

9 Updated Zoning Regulations added items to be stored Lowes Southlake Proposed Permitted Uses and Development Regulations for SP-1 Zoning ZA /27/2015 Permitted Uses: This property is an existing home improvement store that was approved in It is one lot consisting of 14.7 acres and is currently zoned C-3. There is no proposal to change the C-3 use rather a request to zone the property SP-1 to allow for variances from the C-3 Zoning. Development Regulations: This property shall be subject to the development regulations for the C-3 General Commercial District, and all other applicable regulations with the following exceptions: Allow for a reduction in the parking requirements more fitted to home improvements centers. Attached Parking Study supports the request for lesser parking needs. Proposed parking requirement is 564 spaces. Lowe s corporate standard is 400 spaces. Allow for seasonal outside sales and storage in the 78 spaces in the south parking lot and screening from Southlake Blvd to be as shown on landscape plan. Seasonal sales times are generally February through the end of October. Allow for impervious coverage and open space as shown on site plan and as previously approved. Allow for SH-114 frontage along property to remain as is with no added sidewalk requirement. Allow for additional outside sales of various products beyond lawn care items along the store frontage through the use of screen walls. Product types would be the following: Outdoor Power Equipment/ Grills/ Wheelbarrows/ Fencing/ Outdoor Patio Furniture/ Building Materials Allow for seasonal outside sales and storage in the 78 spaces in the south parking lot and screening from Southlake Blvd to be as shown on landscape plan. Seasonal sales times are generally February through the end of October. Items for sales and storage to be displayed are: Bagged Goods/ Blocks/ Brick/ Stone/ Mulch/ Trees and plants/ Utilities Trailers/ Storage Buildings Use and Operation: Lowes relies heavily on the sale of merchandise that is visible upon entry to the store. At the contractor entrance screen walls will allow for the visibility to commonly used materials that contractors purchase daily. Along other areas in front of the store screen walls will allow for the display of seasonal specialty items that are either top sellers or close-out items. Most importantly is the visibility and ease of access to seasonal items such as mulch and compost that can be stored, sold and loaded in the south parking area. Additional plantings along Southlake Boulevard are proposed to screen the storage and sales in the south parking lot and are shown on the submitted landscape plan. Security for outside storage has not historically been a problem or concern for Lowes at this as well as their other locations. As an existing measure that area currently does have security camera. Attachment C ZA Page 3

10 Bufferyard and Screening shown at P&Z meeting October 22, 2015 Attachment C ZA Page 4

11 Bufferyard and Screening updated Attachment C ZA Page 5

12 Landscape and Storefront Renderings Attachment C ZA Page 6

13 Attachment C ZA Page 7

14 SPIN MEETING REPORT Case Number: Project Name: SPIN Lowes Planning Case ZA SPIN Neighborhood: 8 Meeting Date: October 13, 2015 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: 3 Host: Applicant(s) Presenting: City Staff Present: Sherry Bermann Jimmy Fechter, phone: , jimmy.fechter@adamsengineering.com Patty Moos, Planner I City Staff Contact: Lorrie Fletcher, Planner I; phone: Attached to the end of this report are the Blackboard Connect Delivery Results for the October 13, 2015 SPIN Town Hall Forum Presentation began: 6:17 pm and ended at 6:33 pm Town Hall Forums can be viewed in their entirety by visiting and clicking on Learn More under Video On Demand; forums are listed under SPIN by meeting date. FORUM SUMMARY: Property Situation: 201 N. Kimball Avenue Development Details: Lowes Southlake is requesting to add some screening walls in front of the store andreduce the paring requirements so that outside storage and sales can occur seasonally in the south parking area. Currently zoned C-3 General Commercial District to S-P-! Detailed Site Plan to allow outdoor storage and screening walls. The south parking lot has 77 parking spaces currently. Off-loading of seasonal products currently occurs in the rear east side of the building with limited storage space and conflicts with cars coming from Costco to the east via the cross access easement. Directly unloading at the south parking lot will reduce the conflict. 5-foot tall by 15-foot wide screening walls in front of the store will allow seasonal products such as grills to be located outside and in front of the store. A local parking study and a comparison parking demand study were conducted and shown on the slides. Additional landscape screening is proposed at the south parking lot along the entrance at FM 1709 to screen the outside storage. Attachment D ZA Page 1

15 Additional landscaping is proposed along the north property line and parking lot to fill in some gaps in the landscaping. Presentation: Attachment D ZA Page 2

16 Attachment D ZA Page 3

17 Attachment D ZA Page 4

18 QUESTIONS / CONCERNS: Will there still be traffic conflicts with the traffic from Costco along the south parking lot driveway? o The existing speed bumps and seasonal products in the parking lot will be traffic calming. There is a need to keep the products out of the fire lane. 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. Attachment D ZA Page 5

19 SITE PLAN REVIEW SUMMARY : ZA Review No.: Three Date of Review: 10/27/15 Project Name: Zoning Change and Site Plan Lowe s Southlake APPLICANT: Adams Engineering OWNER: Lowe s Companies Jimmy Fechter Matthew Minton 910 S. Kimball Ave Curtis Bridge Road Southlake, TX Wilkesboro, NC Phone: Phone: jimmy.fechter@adams-engineering.com matthew.l.minton@lowes.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/15 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 THE APPROPRIATE STAFF MEMBER. Lorrie Fletcher Planner I Phone: (817) lfletcher@ci.southlake.tx.us Planning Review 1. Correct Site Data Summary information. The open space and impervious coverage percentages should equal 100%. 2. For all development requiring a City Council approved site plan, sidewalk construction is required. The Pathways Plan calls for an 8 multi-use trail along State Highway 114. A variance has been requested. 3. Change term outside sales to outside storage in the S-P-1 Zoning Document. kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) TREE CONSERVATION COMMENTS: * No existing trees are proposed to be altered. LANDSCAPE COMMENTS: Tree Conservation/Landscape Review 1. Please avoid placing the proposed canopy trees and accent trees directly over and under the existing utility lines along Hwy There is a 12 water line and overhead electrical lines. * No additional square footage is proposed to be added to the existing building footprint so no additional interior or bufferyards landscaping is required to be provided. The proposed landscaping is to provide additional screening for the proposed outside sales areas and to fill in Attachment E ZA Page 1

20 gaps in the existing landscape. * Indicates informational comment. # Indicates required items comment. Om Gharty Chhetri, P.E., CFM Civil Engineer Phone: (817) ochhetri@ci.southlake.tx.us GENERAL COMMENTS: Public Works/Engineering Review Show utilities in the plans and clarify if any foundation is proposed for outdoor sales area. Show all drainage and utility easements. PARKING STUDY COMMENTS: In the first paragraph on page 3, it is stated that 77% of the parking requirement is met, per the City ordinance. The equation given is 587/685, which equates to 86%. The correct equation would be 587/761=77%. In Table 7 on page 6, the estimated demand based on the high value from other Lowe s sites is given as 387 parking spaces, or 66%. However, this value was previously given as 382 parking spaces, or 65%, on page 5. The following two pages contain the Parking Study Review conducted by Lee Engineering: Attachment E ZA Page 2

21 Attachment E ZA Page 3

22 Attachment E ZA Page 4

23 Fire Department Review Kelly Clements Fire Marshal Phone: (817) GENERAL COMMENTS: No comments based on submitted information. Informational Comments: * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view 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. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * 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. * Denotes Informational Comment Attachment E ZA Page 5

24 Surrounding Property Owners Owner Zoning Address Acreage Response 1. MCDONALD'S CORP C3 225 N KIMBALL AVE 1.06 NR 2. LOWES HOME CENTERS INC C3 201 N KIMBALL AVE NR 3. COSTCO WHOLESALE CORP SP E SH NR 4. DN KINGSTON SOUTHLAKE LP C3 215 N KIMBALL AVE 0.66 NR 5. DN KINGSTON SOUTHLAKE LP C3 125 N KIMBALL AVE 1.13 NR 6. MARSHALL DESCENDANTS 2006 NR C3 101 N KIMBALL AVE 0.92 TRST 7. WYNDHAM PROPERTIES LTD SP E SOUTHLAKE BLVD 0.68 NR 8. WYNDHAM PROPERTIES LTD SP E SOUTHLAKE BLVD 2.00 NR 9. CHICK-FIL-A INC C E SOUTHLAKE BLVD 1.14 NR 10. LESLIE S WRIGHT LIV TR ETAL C E SOUTHLAKE BLVD 0.80 NR E SOUTHLAKE LLC C E SOUTHLAKE BLVD 1.74 NR 12. COZ LLC C E SOUTHLAKE BLVD 0.80 NR 13. SOVEREIGN BANK NA C E SOUTHLAKE BLVD 1.13 NR E SOUTHLAKE CENTER LLC C E SOUTHLAKE BLVD 1.72 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fourteen (14) Responses Received: None Attachment F ZA Page 1

25 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 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 DESCRIBED AS LOT 5, BLOCK 1, KIMBALL/1709 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 14.7 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM C-3 GENERAL COMMERCIAL DISTRICT TO S-P-1 DETAILED SITE PLAN DISTRICT FOR LOWE S HOME IMPROVEMENT STORE, 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 C-3 General Commercial 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 Attachment G ZA Page 1

26 be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the 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 Attachment G ZA Page 2

27 change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 5, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County Texas, being approximately 14.7 acres, and more fully and completely described in Exhibit A from C-3 General Commercial District to S-P-1 Detailed Site Plan District for Lowe s Home Improvement Store as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following conditions: City Council 1 st reading motion: 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. Attachment G ZA Page 3

28 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, 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 Attachment G ZA Page 4

29 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 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. Attachment G ZA Page 5

30 PASSED AND APPROVED on the 1 st reading the day of, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment G ZA Page 6

31 EXHIBIT A Being described as Lot 5, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County Texas, being approximately 14.7 acres, filed by Plat Revision recorded in Cabinet A, Slides 4551 and 4552, Tarrant County, Texas, October 7, Attachment G ZA Page 7

32 Exhibit B Reserved for approved documents Attachment G ZA Page 8