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Item 6A
9 CASE NO: ZA21-0031 SOUTHLA14CE PLANNING & DEVELOPMENT SERVICES STAFF REPORT July 27, 2021 PROJECT: Zoning Change and Concept/Site Plan for XO Marriage Center EXECUTIVE SUMMARY: On behalf of XO Marriage, Parkhill is requesting 2"d Reading approval of a Zoning Change and Concept/Site Plan for XO Marriage Center on property described as Lot 1, Block 1 (shown as Lots 1 A and 1 B by Tarrant Appraisal District), Lot 1, Block 2, Lot 2, Block 4 and Lot 1, Block 5, Gateway Church — 114 Campus, an addition to the City of Southlake, Tarrant County, Texas and located at 1301 and 1351 E. Kirkwood Blvd., 700 and 701 Blessed Way, and 1501 E. Highland St., Southlake, Texas. Current Zoning: "NR-PUD" Non -Residential Planned Unit Development District. Proposed Zoning: "NR-PUD" Non -Residential Planned Unit Development District. SPIN Neighborhood #4. DETAILS: The project is generally located southeast of the intersection of E. Kirkwood Blvd. and Grace Ln. The purpose of this request is to seek 2"d Reading approval of a Zoning Change and Concept/Site Plan to modify the existing Gateway Church "NR-PUD" Non - Residential Planned Unit Development District for Gateway Church. The Concept Plan for the approximately 82 acre Parcel `B' in the existing zoning shows a prayer center at the northwest corner of the parcel. The applicant is proposing to revise the Parcel `B' Concept Plan to show a three-story, approximately 32,190 square foot building for XO Marriage with office, assembly and studio uses on an approximately 4.998 acre lot where the prayer center is currently shown. The "NR-PUD" zoning currently permits "0-1" and "0-2" Office District uses and regulations. The zoning is proposed to be revised to allow the building to contain a 150-seat film studio, a Podcast studio, and assembly and gathering areas. Site Plan approval of the proposed XO Marriage site is also requested. The proposed "NR-PUD" zoning regulations and permitted uses are below along with the Site Data Summary Chart. Case No. ZA21-0031 Parkhill 3000 Internet Blvd Ste 0550 34 F risco, Texas 75034 972.987.1670 July 16, 2021 Mr. Dennis Killough Deputy Director of Planning & Development Services 1400 Main Street Suite 310 Southlake, TX 76092 Case No. ZA21-0031 Re: Zoning Amendment Narrative, XO Marriage North Side of S.H. 114, between Grace Ln and Kirkwood Blvd. - Proposed Lot 1 R2. Dear Mr. Killough: As you are aware, XO Marriage (a faith based non-profit) has purchased: 4.998 acres of land situated in the VINCENT J. HUTTON SURVEY, Abstract No. 681, Southlake, Tarrant County, Texas, and being a portion of Lot 1, Block 1, Gateway Church —114 Campus, an addition to the City of Southlake, according to the plat recorded in County Clerk's File No. D210005156, of the Official Public Records of Tarrant County, Texas, and being a portion ofthetract of land conveyed to Gateway Church, by thedeed recorded in County Clerk's File No. D204303704, of the Official Public Records of Tarrant County, Texas. The proposed Lot 1 R2 is part of the Gateway Church master plan and it is a portion of Parcel 'B'. The approved Master Plan currently shows a prayer center at the northwest corner of Parcel 'B'. XO Mardage has decided to develop a new office building for their ministry operations on the referenced property. The Zoning amendment is for a portion of Parcel 'B' as previously defined in NR-PUD Zoning Ord.No.480 222A. No other changes to p reviously ap proved zoning are proposed and all previous conditions of approval remain in effect except as noted below. A revision to the previously approved Concept Plan is proposed to change the previously shown Prayer Center use at the North-West corner of Parcel 'B' to an office and assembly use as shown on the Concept Plan. Background: The build-outof the expansion onto this site will consistof a 3 story administrative office space, office space, 150 seat film studio, podcaststudio, meeting and gathering areas. XO Ministry chose to develop this site for its location, visibility, ease of access and natural beauty. XO Marriage and the consultant team are fully focused on preserving the natural environment to the fullest extent. This is evident in the mannerthatthe site has been designed to: 1. Protect views from the residential areas along East Highland Street. 2. Promote sensitive solutions to storm water management. 3. Utilize existing trees and proposed trees as buffers; shade for pedestrians and to signify important way -points within the site. XO Marriage understands thatthe subject property is located in a highly visible area of the community along S.H. 114. The importance of a well planned, quality design has been a priorityfor the staff and consultant team. Our intention is to create a prominentcivic institution along the primary corridorwithinthe City of Southlake, providing a strong visual link to the Town Center mixed use development to the south. Lubbock Midland team psc.com Case No. ZA21-0031 Page 2 of 2 Proposed Zoning for Lot 1R2: The subject property, Lot 1 R2, shall abide by the uses and regulations established by NR-PUD #480-222A with the following exceptions. No other changes to previously approved zoning are proposed and all previous conditions of approval remain in effect except as noted below. Permitted Uses: In addition to the permitted uses for Parcel'B' listed in Ordinance No. 480-222A, the additional permitted uses are allowed: • 150 seat film studio • Pod cast studio • Assembly and gathering areas Development Regulations: The regulations for Lot 1R2 will follow the "0-1" and "0-2" Office District regulations with the following exceptions: a. Per Zoning Ordinance No.480, as amended, Section 36, one 10'X50' loading space is required. One 10'X25' space is requested based on nature of delivery of the project. b. Horizontal and vertical articulation as shown on the elevations and site plan. d. Building materials as previously approved subject to compliance with the 80% masonry requirement (exclusive of glazing), and it shall be consistent with either stone, brick, cast stone, glass fiber reinforced concrete, pre -cast concrete panels, stucco, or splitface concrete masonry units. Variance Reauested: Per Driveway Ordinance No. 634, the minimum required stacking depth from the right way/property line to the nearest parking stall or intersecting drive lane pavement edge stacking depth is 75'. Approximately 59' of stacking depth is provided for the driveway on Grace Ln. A variance is necessary d ue to the topography of the site and the desired drop-off circle we could not push the drive aisles further east into the site. The functional stacking depth meets the minimum 75' required depth when measured from the back of curb along Grace Lane. Please feel free to contact us with any questions you may have. We look forward to hearing from you in the next few weeks. Sincerely, 64�_ — Scott Nelson, AlA, LEEDAP BD+C Principal Case No. ZA21-0031 Site Data Surnrnyrv� CC 1st Reading 06/15/21 CC 2nd Reading 08/3/21) Current/Proposed Zoning NR-PUD NR-PUD Land Use Designation Public/Semi-Public Public/Semi-Public Gross/Net Acreage 4.998 217,702 sf 4.998 217,702 sf Number of Lots 1 1 Total Building Floor Area 32,190 sf 32,190 sf (Gross) Floor Area by Use: 19,780 sf 19,780 sf Office 4,652 sf 4,652 sf Assembly 7,758 sf 7,758 sf Circulation, storage, mechanical, etc. Max. Building Height/ 52' 6" 52' 6" Number of Stories 3 stories 3 stories Open Space Area 134,182 sf 129,555 sf Open Space % 61.7% 59.5% Area of Impervious Coverage 83,520 sf 88,147 sf Impervious Coverage % 38.3% 40.5% Parking Spaces Required 139 139 (Zoning Ord. Parking Spaces Provided 126 139 NR-PUD VARIANCE REQUESTED: Variance to Driveway Ordinance No. 634, Section 5.2.d, which requires a minimum stacking depth of 75' for the driveway on Grace Ln., to allow approximately 59' of stacking depth. The following changes to the plans have been made to address the stipulations in the City Council motion for approval at 1st reading on June 15, 2021. City Council 1st Reading Conditions Applicant's Response The Site Plan has been revised to provide the required 139 spaces per the off-street Provide a parking concept that does not require parking requirements in Zoning Ord. No. a variance. 480, Section 35. The "NR-PUD" regulations have been revised to remove the previously request d parking reduction. Provide an attractive north elevation perspective A bird's eye and a perspective view from the for Council to review. north/northeast have been provided. Case No. ZA21-0031 ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 4, dated July 26, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-222B Half Size Plans (for Commission and Council members only) Link to Presentation Link to "NR-PUD" Zoning Narrative and Variance Request Link to Plans Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA21-0031 BACKGROUND INFORMATION OWNER: XO Marriage APPLICANT: Parkhill PROPERTY SITUATION: Generally located southeast of the intersection of E. Kirkwood Blvd. and Grace Ln. LEGAL DESCRIPTION: Lot 1, Block 1 (shown as Lots 1A and 1B by Tarrant Appraisal District), Lot 1, Block 2, Lot 2, Block 4 and Lot 1, Block 5, Gateway Church — 114 Campus LAND USE CATEGORY: Public/Semi-Public with EC-R, Employment Center Residential; EC-1, Employment Center 1; and EC-2, Employment Center 2 optional Land Use Overlay Designations. CURRENT ZONING: "NR-PUD" Non -Residential Planned Unit Development District. PROPOSED ZONING: "NR-PUD" Non -Residential Planned Unit Development District. HISTORY: - The property was annexed into the City in 1957. - "NR-PUD" Non -Residential Planned Unit Development District and a Concept Plan were approved June 17, 1997. - A Zoning Change and Concept Plan (ZA05-112) for Gateway Church to allow religious institutions as a permitted use along with multi -level parking garages as a permitted accessory use on a 90 acre parcel within the NRPUD district labeled as Parcel `B' and `E' on the proposed concept plan was approved August 21, 2007. A Preliminary Plat (ZA05-113) was also approved. - A Final Plat (Z07-115) was approved by P&Z May 5, 2008. - A Site Plan (ZA08-022) for Gateway Church for a 206,246 square foot church building and a 4,700 square foot physical plant on 81.82 acres was approved June 3, 2008. SOUTH LAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the entire 82 acre Gateway Church and proposed XO Marriage Center site is Public/Semi-Public with EC-R, Employment Center Residential; EC-1, Employment Center 1; and EC-2, Employment Center 2 optional Land Use Overlay Designations. Public/Semi-Public Purpose and Definition: Public/Semi-Public areas are suitable for a wide range of public, civic, and religious uses, such as government offices and facilities, public and private schools, churches and related facilities (including parsonage and parochial schools), cemeteries, and Public Parks/Open Space uses in conjunction with these developments. The current "NR-PUD" zoning on the property allows "0-1" and "0-2" uses in Case No. Attachment A ZA21-0031 Page 1 Parcel `B', so an amendment to the Comprehensive Land Use Plan is not required. Employment Center 1 (EC-1) Purpose and Definition: The EC-1 category is intended for the highest intensity of commercial and employment uses immediately adjacent to S.H. 114. This land use category should be applied to properties that have significant frontage along the highway, have limited development constraints Legend RC EC-1 EC-2 - EC-R and are largely undeveloped or underdeveloped. For optimal development opportunities, properties in the EC-1 land use category should have a minimum contiguous frontage of 1,200 feet. The EC-1 land use category shall be a maximum of 700 feet in depth (as measured from the R-O-W of S.H. 114). The EC-1 land use category has to be applied in conjunction with the EC-2 and EC-R land use categories to provide for compatible transitions to adjoining neighborhoods. As a percentage of the entire EC land use. Employment Center 2 (EC-2) Purpose and Definition: The Employment Center 2 (EC-2) is intended for a medium intensity mix of uses that transition from EC-1 or S.H. 114 to EC-R or lower intensity residential neighborhoods. This land use category would be applied to properties that may have significant frontage along the highway, have limited development constraints, and are largely undeveloped or underdeveloped. Employment Residential (EC-R) Purpose and Definition: The Employment Center Residential (EC-R) designation is intended for low -intensity, predominantly residential neighborhoods. This land use category should be applied to properties that have significant development constraints such as wetlands, creeks, floodplains, water bodies, steep grades, and woodlands and are largely undeveloped or underdeveloped. This category is intended for properties adjacent to existing neighborhoods, open space, or as buffers from environmentally sensitive areas. Very limited non-residential uses (office, retail, and civic) may be permitted at key street intersections and shall be designed to an appropriate neighborhood scale. Case No. Attachment A ZA21-0031 Page 2 S.H 114 Corridor Plan The following recommendations are for the LU #7 Geographical Area in the S.H. 114 Corridor Plan. Retain existing Mixed Use and Public/Semi-Public Land Use designations and add Multi - Tenant Office Overlay on the undeveloped portion along S.H. 114 as indicated on the Overlay Map. LU #7 Geographical Area • Office development should `°'�`�""`�"•�'�� "�''''��"` consist of moderately -scaled buildings with a high degree of design quality with amenities at major corners and features such as structured or underground parking. Buildings should lessen in height closer to Kirkwood Blvd. corridor. • Office development near Highland St. should be limited to building size and scale which is compatible with adjacent single-family residential and preserves the maximum amount of green space on the site. Buffer should be established between existing and future residential uses and any planned office uses. • Future development should be approved in a manner that is sensitive to potential impacts on adjacent residential areas, particularly as related to noise, traffic, building heights, lighting and views. • Area is also appropriate for medical development consistent with overlay description, and educational facilities as recommended in the Economic Development Master Plan. • Future development on the Chesapeake site should incorporate existing wetlands and creek. Evaluate the water intake from Town Square and reduce impact on downstream flood plain. • Any development should be walkable and pedestrian friendly and should explore opportunities to interconnect adjacent properties particularly to the north through a trail system. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future <8' sidewalk along the south side of E. Kirkwood Blvd. A 5' wide sidewalk is required to be constructed with the extension of the eastbound Kirkwood Blvd. lanes to the east property line. A 5' sidewalk is also required along the east side of Grace Ln. The required sidewalks are shown on the Site Plan. Case No. ZA21-0031 Attachment A Page 3 Traffic Impact A Traffic Impact Analysis is not required for the project. One driveway is proposed on Grace Lane and one driveway is proposed on E. Kirkwood Blvd. The existing eastbound lanes for E. Kirkwood Blvd. do not extend to the proposed driveway location. The lanes are required to be extended to the east property line before E. Kirkwood Blvd. reduces back to two lanes. ITE Code (710) 32,190 555 1 68 9 20 1 95 * 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, 9th Edition TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The Master Thoroughfare Plan shows Grace Ln. and E. Kirkwood Blvd. to be four -lane divided arterials with 100' of right of way. Grace Ln. was approved as an 80' right of way with the previous "NR-PUD" zoning case. Adequate right of way has been previously dedicated for both streets. Kirkwood Blvd is constructed from Kimball Avenue to Highland Avenue; however, only the portion of this roadway near the Gateway Church entrance and the Middle School have been widened to the ultimate 4 lane divided section. Completion of Kirkwood Blvd to a 4 lane divided roadway section from Kimball Avenue to Highland Avenue is anticipated to occur in conjunction with the ultimate buildout of the Gateway Church campus. Staff will be evaluating construction cost and timing on this roadway project and based on this evaluation may recommend inclusion of the project in a future Capital Improvements Program plan. The City Engineer will evaluate the rough proportional impact of the X and O office development on the adjacent roadway system and will make a determination if the applicant is responsible for constructing a portion of Kirkwood Boulevard as shown on the site plan in conjunction with the construction of the office building. TREE PRESERVATION: The proposed preservation of the existing cover complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 19% of existing trees cover on the site, and a minimum of 70% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 73.7% of the existing tree cover. UTILITIES: The property is served by an existing 8" water line in Grace Ln. and sanitary sewer will be extended from an existing 8" sanitary sewer line to the south in the Gateway Church lot to serve the property. DRAINAGE: Drainage is generally west to east across the property to an existing drainage/detention channel along the east property line. CITIZEN INPUT: A SPIN meeting was held on April 27, 2021. Link to SPIN Report PLANNING AND ZONING Case No. Attachment A ZA21-0031 Page 4 COMMISSION ACTION: June 3, 2021; Approved (4-1) (Dyche) subject to the staff report dated May 28, 2021 and Concept/Site Plan Review Summary No. 3, dated May 27, 2021 and granting the variance requested. Commissioner Dyche stated that the location was not appropriate for an office building and noted that the building could be used as a multi -tenant office building in the future. CITY COUNCIL ACTION: June 15, 2021; Approved at 15t Reading (7-0) subject to the staff report dated June 7, 2021 and Revised Concept/Site Plan Review Summary No. 3, dated June 7, 2021: • Granting the Variance to Driveway Ordinance No. 634, Section 5.2.d, which requires a minimum stacking depth of 75' for the driveway on Grace Lane, to allow approximately 59' of stacking depth. • Also noting that any offsite improvements to Kirkwood Blvd will be determined by the City Engineer and will be roughly proportional to the proposed development. Also requesting staff investigate should that engineer require the extension of Kirkwood that it pushes all the way through to complete Kirkwood Blvd. • Also noting that the proposed office use as described is consistent with the current land use designation. 0-2 uses are currently allowed on parcel B of the Gateway Church zoning and the primary activities and operation of the office building as described are consistent with the current land use category. • Also noting that the applicant will plan for a parking concept that does not require a variance. • Also noting that the applicant will bring to us an attractive north elevation perspective for us to review as well. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 4, dated July 26, 2021. The criteria for approving a variance to Driveway Ordinance No. 634 is below: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing the unnecessary hardship is unique to the affected property an is not self- imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Case No. ZA21-0031 Attachment A Page 5 General Development Applies? Comments Standards The property is not in the Corridor Overlay District, but the Overlay Regulations Yes previous "NR-PUD" zoning requires all development to comply with the requirements of the district. Building Articulation Yes A "NR-PUD" regulation has been added to allow the vertical and horizontal articulation as shown. Masonry Standards Yes A regulation has been added. Impervious Coverage Yes Complies Bufferyards Yes Complies subject to review comments being addressed Interior Landscape Yes Complies subject to review comments being addressed Tree Preservation Yes Tree Preservation Ordinance 585-E applies. Complies Sidewalks Yes A minimum 5' sidewalk is required along Grace Ln. and E. Kirkwood Blvd. and the sidewalk is shown on the plan. Case No. ZA21-0031 Attachment A Page 6 - E ■ 1 ■ ■ N�11 ■ . �11 ■ N ■ ■I ' S MIN '�IFilici Fir �7I - Case No. ZA21-0031 Attachment B Page 1 CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA21-0031 Review No.: Four Project Name: Zoning Change and Concept/Site Plan — XO Marriage APPLICANT: Shahnaz Talukder Parkhill 3000 Internet Blvd. Suite 550 Frisco, TX 75034 Phone: (972)987-1670 E:mail: stalukder@parkhill.com OWNER: Brent Evans XO Marriage 115 Grand Ave. #213 Southlake, TX 76092 Phone: Date of Review: 07/26/21 E:mail: brent@xomarriage.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/16/21 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 RICHARD SCHELL AT (817) 748-8602. An appropriate plat that conforms to the underlying zoning and to the approved Site Plan must be processed, approved and recorded prior to the issuance of a building permit. Please use the boundary of the proposed lot as the base for all plans. The new lot number will be Lot 1 R2 on the plat. The lot containing Gateway Church will be Lot 1 R1 on the plat. 2. Please make the following changes to the Site Plan: a. Revise the description in the title block to Lot 1 B, Block 1, Gateway Chu rch-114 Campus, being a portion of Lot 1, Block 1, Gateway Church-114 Campus. b. In the Site Data Summary Chart, remove "#480-222A" from the existing and proposed zoning and just put "NR-PUD" for both. 3. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following comments are in regard to the proposed driveways: a. The proposed driveway off Kirkwood Blvd.is located past the existing pavement section for the eastbound lanes. The pavement section for the two eastbound lanes of Kirkwood Blvd. are shown to be extended to the eastern edge of the property. At this location, the street section is shown to taper back to the existing cross section. b. Approximately 59' of stacking depth is provided and a minimum stacking depth of 75' is required. A variance request has been added to the zoning narrative. c. The driveway distance to the intersection for both driveways from the centerline of the driveway to the right of way/property line for Kirkwood Blvd. is required to be a minimum distance of 200'. Both driveways are shown to comply with the minimum 200' distance requirement. 4. One 10' x 50' loading space is required and one 10' x 25' space is provided. A regulation has been added to the NR-PUD zoning narrative stating that one 10' x 25' loading space is required for the site. Case No. Attachment C ZA21-0031 Page 1 5. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The Master Pathways Plan shows a <8' sidewalk along the south side of E. Kirkwood Blvd. A minimum 5' sidewalk is required along Grace Ln. and E. Kirkwood Blvd. A pedestrian access easement must be dedicated for portions of the sidewalk that are on private property and not in the right of way. The monument sign requires separate approval. It is not approved as part of the Zoning Change and Concept/Site Plan. The current NR-PUD zoning (Ord. No. 480-222A) states that buildings will comply with the 80% masonry requirement and a regulation has been added to clarify that the XO Marriage building will comply with the same requirement. The building as shown complies. A 'NR-PUD" regulation has been added to allow the horizontal and vertical articulation as shown. The property is not in the Corridor Overlay District, but the existing zoning requires that development comply with the requirements in that district. Per Subdivision Ord. No. 483, as amended, Section 8.05, Sections E and F: E. Placement of Equipment: All electric, telephone, and cable, utilities shall be placed in the rear easement unless otherwise approved by City Council as a part of platting process. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. Occasional location in the front yard area may be permitted for unusual conditions if said locations have been indicated on an approved preliminary plat. All such equipment that is installed above ground will be low profile in nature and will not exceed thirty (30) inches in height. Placement of such equipment shall be such that it is located as near the rear property line as possible. Switch gear will be located such that it maintains low visibility but may be placed convenient to and accessible from the street. F. All above ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right-of-way. Said screening shall be completed at the time of installation by the utility company and/or developer. Please make sure that the electrical transformer and any other equipment is screened from public rights of way with landscaping or by some other manner. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill -over. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The is a 15' water line easement and water line proposed to be constructed through protected trees on the south side of the access drive on Grace Lane. The construction of the water line would alter some of the tree proposed to be preserved. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of Case No. Attachment C ZA21-0031 Page 2 the tree's root system; severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. The existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 19.05% percent of existing tree cover on the property and a minimum of 70% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 71.91 % of the existing tree cover. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% — 20% 70% 20.1 — 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1 % - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential Case No. Attachment C ZA21-0031 Page 3 areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. 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 COMMENTS: Within the Interior Landscape Summary Chart, the "Required" Canopy Trees, Accent Trees, and Shrubs plant material calculations are incorrect. They seem to be calculated based on the entire footprint area of the building instead of 50% of the building footprint area as required. 2. The parking landscape island in the southwest corner of the south parking lot does not contain the required plant material. The other parking landscape islands contain the required trees but do not contain the other required plant materials. All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. Turf grass may not be provided within parking planter islands. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E., Development Engineer Phone: (817) 748-8033 E-mail: sendyCaD-ci.south lake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. TRAFFIC IMPACT ANALYSIS Case No. Attachment C ZA21-0031 Page 4 2. The Trip Generation spreadsheet was provided; however, it lists the Land Use as "Church" and per the narrative this building is to be used for General Office and Assembly. Please revise the Trip Generation Rates to reflect the correct Land Use categories. 3. The proposed driveway off Kirkwood is located past the existing pavement section. The pavement section on the south side of Kirkwood is shown to be extended to the eastern edge of the property to allow for two east bound traffic lanes. At this location, the street section tapers back to the existing cross section. The City Engineer is determining the rough proportionality of the impact of the development to the extension of Kirkwood Blvd. WATER COMMENTS: 4. The domestic waterline pipe size was updated to match the meter size, however, placing two meters on the same domestic pipe line is not permitted. The domestic water service line should have one meter. The City of Southlake allows a 1 ", 2" or 4" water meter. 5. The 12" water line along Kirkwood should be extended to the eastern property boundary. There is a potential for the City to participate in a cost sharing for the difference in cost between an 8" pipe and a 12" pipe. DRAINAGE COMMENTS: 6. The proposed detention channel is located outside of the existing drainage easement. The detention channel shall be located within a drainage easement. The existing drainage easement shall be modified to include the new detention channel. INFORMATIONAL COMMENTS: * Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.citVofsouthlake.com/PublicWorks/engineeringdesign.asp New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: httos://www.citvofsouthiake.com/2237/Stormwater-Manaaement-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Case No. Attachment C ZA21-0031 Page 5 Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements(a-)ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments A SPIN meeting was held on April 27, 2021. 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 from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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. In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. Denotes Informational Comment Case No. Attachment C ZA21-0031 Page 6 SURROUNDING PROPERTY OWNERS MAP & RESPONSES x � 9 a f �Ntl �U >x1 gg g m, ,31s �} m, 5tt ts5t d103 i5 E KIRKWOOD BLVD O m r E KI RKWOOD ELVD m R Sry p iut Pa g Ix1 q NG� gY61DIJ ST 0 8 rw SPO # Owner Zoning Physical Address Acreage Response 1. DEAN FAMILY TRUST DATED AUGUST SF1-A 1205 COSTA AZUL CT 1.00 NR 2. WOMACK, JUSTEN SF1-A 1201 COSTA AZUL CT 1.03 NR 3. KAUFMAN, JAMES C SF1-A 625 BRIARWOOD DR 1.35 NR 4. CARROLL, ISD AG 1375 E HIGHLAND ST 0.70 NR 5. GATEWAY CHURCH NRPUD 1301 E KIRKWOOD BLVD 0.23 NR 6. TOTAL E&P USA REAL ESTATE LLC AG 1680 E SH 114 3.09 NR 7. TOTAL E&P USA REAL ESTATE LLC AG 1730 E SH 114 8.08 NR 8. TOTAL E&P USA REAL ESTATE LLC AG 1700 E SH 114 1.11 NR 9. MOSS, ANGELIA J SF1-A 550 CHERRY LN 1.09 NR 10. BROWN, RONNI SF1-A 600 BRIARWOOD DR 1.27 NR 11. MILLER, CHARLES K NRPUD 1778 E SH 114 0.08 NR 12. TOTAL E&P USA REAL ESTATE LLC AG 1750 E SH 114 7.84 NR 13. WAGNER, STEVEN R SF1-A 550 BRIARWOOD DR 1.05 NR 14. BHAGAT, ALPA SF1-A 1350 E HIGHLAND ST 0.90 NR 15. TUBB, KEVIN L SF1-A 1200 ST EMILION CT 0.99 NR 16. MCDERMOTT-LANGE INV LLC SF1-A 1201 ASHMOORE CT 0.91 NR 17. MILLER, CHARLES K NRPUD 1774 E SH 114 0.25 NR Case No. Attachment D ZA21-0031 Page 1 18. FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR 19. GATEWAY CHURCH NRPUD 701 BLESSED WAY 34.29 NR 20. COTY, ROB SF1-A 600 CHERRY LN 1.00 NR 21. CARROLL, ISD AG 1379 E HIGHLAND ST 0.77 NR 22. SOUTHLAKE FEE OWNER LLC SP1 1200 E SH 114 6.78 NR 23. CARROLL, ISD AG 1361 E HIGHLAND ST 1.04 NR 24. EARP, JOSHUA SF1-A 650 CHERRY CT 0.99 NR 25. SILVERADO SOUTHLAKE LLC NRPUD 1975 E KIRKWOOD BLVD 0.77 NR 26. 2011 EAST KIRKWOOD BOULEVARD L SP1 2011 E KIRKWOOD BLVD 0.83 NR 27. PLOWS, IAN F1-A 1204 COSTA AZUL CT 1.07 O 28. LLOYD, WILLIAM E SF1-A 1201 ST EMILION CT 0.94 NR 29. SHAFI, SHAHID SF1-A 1200 COSTA AZUL CT 1.02 NR 30. SOUTHLAKE GLEN RESIDENTIAL COM TZD 850 GLEN LAKE DR 0.05 NR 31. NOORANI, IMRAN TZD 2009 LAKE VISTA CT 0.28 NR 32. WIDMER, ELIZABETH TZD 2005 LAKE VISTA CT 0.28 NR 33. MORE, JAMES TZD 2013 LAKE VISTA CT 0.41 NR 34. SOUTHLAKE GLEN RESIDENTIAL COM TZD 851 GLEN LAKE DR 0.04 NR 35. ROY, ARINDAM D TZD 2001 LAKE VISTA CT 0.28 NR 36. BARUAH, MRINAL TZD 900 GLEN LAKE DR 0.26 NR 37. MOTURI, JEEVANA TZD 912 GLEN LAKE DR 0.23 NR 38. ARSID, DEEPAK 1W mok. TZD 908 GLEN LAKE DR 0.23 39. CITY OF SOUTHLAKE TZD 932 GLEN LAKE DR 9.62 NR 40. OBAID, SACHA SF1-A 1251 SUNSHINE LN 3.04 NR 41. D'SOUZA, ADAM SF1-A 1200 BLYTHE LN 0.92 NR 42. VILLAGE CHURCH CS 1282 E HIGHLAND ST 1.00 NR 43. SOUTHLAKE, CITY OF AG 1371 E HIGHLAND ST 0.04 NR 44. SOUTHLAKE, CITY OF AG 1371 E HIGHLAND ST 0.11 NR 45. CARROLL, ISD CS 1335 E HIGHLAND ST 3.82 NR 46. CARROLL, ISD AG 1349 E HIGHLAND ST 0.56 NR 47. SOUTHLAKE, CITY OF AG 1371 E HIGHLAND ST 0.07 NR 48. SOUTHLAKE, CITY OF AG 1371 E HIGHLAND ST 0.13 NR 49. GATEWAY CHURCH NRPUD 700 BLESSED WAY 76.90 NR 50. MARRIAGE TODAY NRPUD 1351 E KIRKWOOD BLVD 5.11 NR 51. SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.41 NR 52. SUNSHINE LANE LLC RPUD 1120 HIGH CT 1.00 NR 53. SUNSHINE LANE LLC RPUD 1116 HIGH CT 1.01 NR 54. GATEWAY CHURCH NRPUD 1501 E HIGHLAND ST 22.15 NR 55. SUNSHINE LANE LLC RPUD 1112 HIGH CT 1.01 NR 56. SUNSHINE LANE LLC RPUD 1108 HIGH CT 1.00 NR 57. SUNSHINE LANE LLC RPUD 1104 HIGH CT 1.10 NR 58. SUNSHINE LANE LLC CARROLL, ISD RPUD 1100 HIGH CT 1.01 NR 59. SP1 1800 E KIRKWOOD BLVD 24.39 NR Responses: F: In Favor O: Opposed To Notices Sent: Thirty-five (35) Responses Received within the notification area Responses Received outside the notification area Case No. ZA21-0031 U: Undecided Two (2) - attached One (1) - attached NR: No Response Attachment D Page 2 Responses received within the notification area: r• ' tom'". ,,.-• t .r 4 Notification Response Form ZA21-0031 Meeting Date: June 3, 2021 at 6:30 PM ► i-OwS, IAN 1206 COSTA AZUL CT SOU + FILAKE, TX 76092 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 74"621 Fax: (817) 748-8077 E-mail: rscheli@ci.southlake.tx.us PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of (opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept/Site Plan referenced above. Space for comments regarding your position: //iC LQC.Li2j iaS C n r to M A IX� C� rL.r't li < CS ©wSP W SQ c^A'� ti e �^ Qtl aceOZ& Duorbt� ( �awtt�[alG� Signature: Date: a� Additional Signa Vure. Date: s z Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. one form per property. Phone Number (optional): a(46015111-- je Case No. Attachment D ZA21-0031 Page 3 Notification Response Form ZA21-0031 Meeting Date: June 3, 2021 at 6:30 PM ARSID, DEEPAK 908 GLEN LAKE DR SOUTHLAKE, TX 76092 Direct questions and mail responses to: City of Southlake Planning 8r Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 E-mail: rschell@ci.southlake.tx.us PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of ! posed to undecided about (circle or underline one) the proposed Zoning Change and ConceptlSite Plan referenced above. Space for comments regarding your position: t4A Uea5 e_ w, &- t le c_ 14�1_ Signature: Additional Signature: Date: Date: Printed Name(s): DeqA c A-h 5, 4 Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional) Zap - 2-53 - L7`1 o&, Case No. ZA21-0031 Attachment D Page 4 Responses received outside the notification area SPIN MEETING 04/27/2021 SPIN2021-09 ■ I am concerned that this development will add additional stormwater volumes to the West Jones Creek watershed due to increased runoff from the developed site. I am concerned that even if new retention is added to hold peak runoffs at current levels the increased volume of runoff will still cause higher levels of downstream erosion due to the extended drainage times and higher total runoff volume. ■ The outlet channels from the ponds at the City of Southlake's Gateway Paris are experiencing high levels of erosion. The channels do not meet design criteria specified in City of Southlake's ordinance ARTICLE II. - STORM DRAINAGE POLICY: Sec. 9.5-61. - Drainage manual reference. (a) Fort Worth Drainage Manual or Sec. 9.5-65. - Miscellaneous design criteria DIVISION 4. - OPEN CHANNEL POLICY Sec. 9.5-82. - Natural channels or Sec. 9.5-83. - Earth channels. • The drainage channel at the outlet of the North Kimball Ave drainage culvert at approximately STA-30 is also experiencing high levels of erosion. This channel does not meet design criteria specified in City of 5outhlake's ordinance ARTICLE 11. - STORM DRAINAGE POLICY: Sec. 9.5-61. - Drainage manual reference. (aj Fort Worth Drainage Manual or Sec. 9.5-65. -Miscellaneous design criteria DIVISION 4. - OPEN CHANNEL POLICY Sec. 9.5-82. - Natural channels or Sec. 9.5-83. - Earth channels. • Numerous projects have been approved and completed that add significantly to the Stormwater runoff since the last West Jones Creek watershed modeling/analysis. Last LOMR reb 15, 2007, Last modeling of West Jones Creek watershed 2008 as part of Gateway Project. The above issues have been documented in a letter to the City on Feb. 22, 2019. No answer has been received to date. An engineering study of the areas noted above is currently being conducted by the Patterson Pond HOA. ■ Since the current water shed volumes already exceed the capacity of the above described facilities, in accord with City of Southlake ordinance Article 11 Storm Drainage Policy an updated West Jones Creek drainage study should be completed. Remedies for downstream drainage channels deficiencies should be agreed before this project is approved. • 1 cannot support this development Unless a downstream study of the West Jones Creek watershed is done and the design deficiencies in the downstream channels are addressed. Signed by: He2o Hubble 2208 Patterson Way Southlake, Texas 76092 Phone: 817-424-9098 Case No. Attachment D ZA21-0031 Page 5 CITY OF SOUTHLAKE ORDINANCE NO. 480-222B AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1 (SHOWN AS LOTS 1A AND 1B BY TARRANT APPRAISAL DISTRICT), LOT 1, BLOCK 2, LOT 2, BLOCK 4 AND LOT 1, BLOCK 5, GATEWAY CHURCH —114 CAMPUS, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 138 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE AND ATTACHED HERETO AS EXHIBIT "B"; 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 - Case No. Attachment E ZA21-0031 Page 1 Residential Planned Unit Development 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 Case No. Attachment E ZA21-0031 Page 2 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 described as Lot 1, Block 1 (shown as Lots 1 A and 1 B by Tarrant Appraisal District), Lot 1, Block 2, Lot 2, Block 4 and Lot 1, Block 5, Gateway Church — 114 Case No. Attachment E ZA21-0031 Page 3 Campus, an addition to the City of Southlake, Tarrant County, Texas, being approximately 138 acres and more fully and completely described in Exhibit "A" from "NR-PUD" Non -Residential Planned Unit Development District to "NR-PUD" Non -Residential Planned Unit Development District subject to the specific requirements contained in this ordinance and attached hereto as Exhibit "B" and subject to the following conditions: City Council 2nd Reading motion for approval: Reserved for 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. 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 Case No. Attachment E ZA21-0031 Page 4 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. [9:14&IM►[:1 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 Case No. Attachment E ZA21-0031 Page 5 prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the MAYOR /_1aIonI day of , 2021. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: Case No. Attachment E ZA21-0031 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA21-0031 Page 7 EXHIBIT "A" Being legally described as Lot 1, Block 1 (shown as Lots 1A and 1 B by Tarrant Appraisal District), Lot 1, Block 2, Lot 2, Block 4 and Lot 1, Block 5, Gateway Church — 114 Campus, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded as Instrument No. D210005156, Plat Records, Tarrant County, Texas and being approximately 138 acres. Case No. Attachment E ZA21-0031 Page 8 Reserved for approved Concept/Site Plan Case No. Attachment E ZA21-0031 Page 9