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Item 13Case No. ZA21-0045 S T A F F R E P O R T July 30, 2021 CASE NO: ZA21-0045 PROJECT: Zoning Change and Site Plan for Pieter Andries Jeweler EXECUTIVE SUMMARY: RPGA Design Group, Inc., on behalf of Pieter Andries Jeweler, is requesting approval of a Zoning Change and Site Plan for Pieter Andries Jewelers on property described as Lot 3-R-2, Block 1, Georgetown Park, and located at 2525 E. Southlake Boulevard, Southlake, Texas. Current Zoning: Requested Zoning: “S-P- 1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses. Requested Zoning: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses. SPIN Neighborhood #8. DETAILS: The site is located on E. Southlake Blvd. approximately 575 feet west of S. Nolen Drive. The purpose of this request is to allow the expansion of an existing 11,665 square foot two story retail building with a 180 square foot addition on the first floor on .89 acres. Case No. ZA21-0045 **includes 4 off-site parking spaces *** included in “S-P-1” regulations **** net area of 9,774 sf and does not include 2,941 sf of storage as noted in “S-P-1” regulations Pieter Andries Jeweler Approved ZA14-059 Approved ZA17-103 Approved ZA18-0019 Proposed ZA21-0045 Existing Zoning C-2 SP-1 with C-2 uses SP-1 with C-2 uses SP-1 with C-2 uses Proposed Zoning SP-1 with C-2 uses SP-1 with C-2 uses SP-1 with C-2 uses SP-1 with C-2 uses Gross Area .89 acres .89 acres .89 acres .89 acres Number of Proposed Buildings 1 1 1 1 Existing Building Floor Area Gross 8,091 SF Net 7,569 SF Gross 8,091 SF Net 7,569 SF Gross 8,091 SF Net 7,569 SF Gross: 10,977 SF Net: Proposed Additions Floor Area Gross 2,522 SF Net 2,194 SF (includes 2-story addition and security area east addition) 2-story addition: 1st floor: Gross 975 SF Net 886 SF 2nd floor: Gross 1,006 SF Net 837 SF Total: Gross 1,981 SF 1-story addition: Gross 1,593 SF Net 1,485 SF 2-story addition: 1st floor: Gross 975 SF Net 886 SF 2nd floor: Gross 1,006 SF Net 837 SF Total: Gross 1,981 SF 1-story addition: Gross 1,593 SF Net 1,485 SF 1-story addition: Gross 180 SF Total Building Floor Area Gross 10,613 SF Net 9,763 SF Gross 10,777 SF Net 9,774 SF Gross 10,777 SF Net 9,774 SF Gross: 10,957 SF Required Parking (Per Ord.) 36 spaces 39 spaces 39 spaces 40 spaces Provided Parking 33 spaces 36 spaces** 32 spaces*** 32 spaces*** Proposed Overall Parking Ratio 1 space: 296 sf 1 space: 272 sf 1 space: 305 sf **** Case No. ZA21-0045 Development Regulations Comparison ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated July 30, 2021 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-671c Full Size Plans (for Commission and Council members only) Presentation Narrative and Development Regulations Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Development Regulation Pieter Andries Jeweler “S-P-1” Requirement ZA14-059 Pieter Andries Jeweler “S-P-1” Requirement ZA17-103 Pieter Andries Jeweler “S-P-1” Requirement ZA18-0019 Pieter Andries Jeweler “S-P-1” Requirement ZA21-0045 “C-2” Local Retail Commercial Requirement Front Yard 50-feet (existing building setback) 50-feet (existing building setback) 50-feet (existing building setback) 50-feet (existing building setback) 30-feet/C-2 district; 50 –feet/ FM 1709 Parking 1 space/ 296 sf for all uses (33 provided) 1 space/ 272 sf for all uses (36 provided) 1 space/ 305 sf for all uses (32 provided) 1 space/ 274 sf for all uses (32 provided) 1/200sf retail; 1/300 office; 1/1,000 storage (36 required) Bufferyards 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O on the north, none on east, south & west, allow as it currently exists 20’ Type O north; 5’ A east, south &west Articulation Allow as presented Allow as presented Allow as presented Allow as presented Complies with Corridor Overlay Max. Impervious Coverage 75% 74.9% 74.9% 75.5% 70% Case No. Attachment A ZA21-0045 Page 1 BACKGROUND INFORMATION OWNER: Pieter Andries Hye APPLICANT: RPGA Design Group, Inc. PROPERTY SITUATION: 2525 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 3-R-1, Block 1, of the Georgetown Park Addition, City of Southlake, Tarrant County, Texas. CURRENT ZONING: “C-2” Local Retail Commercial District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses HISTORY: September 19, 1989, “C-2” Zoning was placed on the property with the adoption of the City’s Zoning Ordinance and official zoning map; August 20, 1996, City Council approved a preliminary plat (ZA96-078); January 6, 1998; City Council approved a plat revision (ZA97-152); February 3, 1998 City Council approved a revised preliminary plat and (ZA97-151); ` February 3, 1998; City Council approved a zoning change and concept plan for Georgetown Park (ZA97-159). July 21, 1998; City Council approved a plat revision (ZA98-72). August 18, 1998; City Council approved a site plan (ZA98-081) September 16, 2014; City Council approved a zoning change and site plan to allow a 1,077 square foot porte cochere and a 541 square foot security area addition on the east side of the building, and a two story 1,981 square foot addition located on the southwest corner of the building; and pursuant to the Site Plan Review Summary No. 4, dated September 9, 2014. (ZA14- 059) February 20, 2018; City Council approved a zoning change and site plan to allow a 2-story addition to the existing 8,091 square foot jeweler’s shop that included an expansion on the first floor and onsite security surveillance on the second floor. The approval also allowed the addition of a 1,077 square foot porte cochere and a 541 square foot security area on the east side of the building and approved the applicant’s request for a variance to the Landscape Ordinance 544-B to allow the landscape as depicted on the proposed landscape plan. (ZA17-103) August 7, 2018; City Council approved a zoning change and site plan to retain the previously approved 2-story addition and security area and 1,593 square foot fully secured VIP vehicular entry and loading area Case No. Attachment A ZA21-0045 Page 2 (ZA17-103) and to remove the previously designated 4 off-site parking spaces and associated landscaping located on the east adjacent property; and approved the requested a variance to the Landscape Ordinance 544- B, to allow the landscape requirements for the existing fully landscaped lot with the additional landscaping. (ZA18-0019) CITIZEN INPUT: A SPIN meeting was previously held on August 26, 2014 for this development. A current SPIN report was not held for this current request. SOUTHLAKE 2030: Consolidated Land Use Plan 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. The development as proposed appears to be consistent with the intent of the land use designation at this location. Pathways Master Plan An existing eight (8) foot wide sidewalk is located along the E. Southlake Boulevard. TREE PRESERVATION/ LANDSCAPE: The original Site Plan was approved in 1998. The trees and landscaping are not required to be maintained in perpetuity, the floor area of the approved site plan (ZA18-0019) was increased by more than 30%, the entire site had to meet the requirements of the current Landscape Ordinance. The proposed addition is less than 5,000 square feet, and less than 30% of the existing building footprint. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements herein only as it pertains to the square footage of the new construction. There are only three (3) additional shrubs required for the 198 square foot addition. Any existing interior landscaping altered by the construction will also need to be replaced. Case No. Attachment A ZA21-0045 Page 3 UTILITIES: Water The site is served by an existing 6-inch water line within the development. Sewer The site is served by an existing 6-inch sewer line within the development TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will access onto E. Southlake Boulevard, a six (6) lane divided arterial with approximately one hundred thirty (130) feet of right-of-way. E. Southlake Boulevard (13) (between Kimball Avenue & Nolen Drive) 24hr East Bound (19,928) West Bound (18,411) AM Peak AM (1,667) 7:15 AM– 8:15 AM Peak AM (1,609)11:45 AM– 12:45 PM PM Peak PM (1,450) 12:15– 1:15 PM Peak PM (1,799) 4:45 – 5:45 PM * Based on the 2017 City of Southlake Traffic Count Report Year B Traffic Impact Use Area (sq. ft.) Vtpd* AM- IN AM- OUT PM- IN PM- OUT Specialty Retail Center (814) 10,957 425 36 39 31 25 * 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, 7th Edition STAFF COMMENTS: The Site Plan Review Summary No. 2, dated July 30, 2021, is located in Attachment ‘C’. Case No. Attachment B ZA21-0045 Page 1 Case No. Attachment C ZA21-0045 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0045 Review No.: Two Date of Review:7/30/21 Project Name: Zoning Change and Site Plan for Pieter Andries Jeweler APPLICANT: RPGA Design Group, Inc. Owner: International MBC, Inc Robert Garza Pieter Andries Hye 101 S. Jennings Avenue, Ste. 100 2525 E. Southlake Blvd. Ft. Worth, TX 76104 Southlake, TX 76092 Phone: (817) 332-9477, ext. 208 Phone: (817) 748-4367 Email: robgarza@rpgaarchitects.com Email: ph@pieterandries.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/28/21 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 Patty Moos AT (817) 748-8269. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us _______________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us LANDSCAPE COMMENTS: * The proposed addition is less than 5,000 square feet, and less than 30% of the existing building footprint. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements herein only as it pertains to the square footage of the new construction. There are only three (3) additional shrubs required for the 180 square foot addition. Any existing interior landscaping altered by the construction will also need to be replaced. * The three (3) required shrubs, and twenty-eight (28) additional shrubs to replace the shrubs removed for the building addition are proposed to be planted on the southeast corner of the building. * Indicates informational comment. # Indicates required items comment. __________________________________________________________________________________ Case No. Attachment C ZA21-0045 Page 2 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Since the building is equipped with an automatic fire protection system, proper sprinkler system coverage must be continued throughout the building. Since less than 20 sprinkler heads will be added or relocated for the new addition, no plans are required. Call the Fire Marshal’s Office for an inspection once the work is completed at 817-748-8233. Since the building is already equipped with audible/visual fire alarm devices, coverage must be continued throughout the occupancy to maintain compliance throughout the structure. Add fire alarm devices as required for the new addition and call for a fire alarm test once installed. Ensure all access control devices are approved and inspected by the Southlake Fire Department before activating the devices (Magnetic Locks, Delayed Egress Control Devices) (Also, ensure all other locking or latching devices are removed from those doors). _________________________________________________________________________ General 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 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 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 Case No. Attachment D ZA21-0045 Page 1 SURROUNDING PROPERTY OWNERS MAP Pieter Andries Jeweler SPO # Owner Zoning Address Acreage Response 1. WYNDHAM PROPERTIES LTD SP2 2600 E SOUTHLAKE BLVD 2.00 NR 2. LEEKEN SOUTHLAKE LLC C2 2425 E SOUTHLAKE BLVD 1.74 NR 3. INTERNATIONAL MBC INC SP1 2525 E SOUTHLAKE BLVD 0.89 NR 4. SS DAVIS INVESTMENT LLC ETAL C2 2615 E SOUTHLAKE BLVD 1.97 NR 5. ANDREWS-DILLINGHAM PROP. C2 2535 E SOUTHLAKE BLVD 0.84 NR 6. 2545 EAST LLC C2 2545 E SOUTHLAKE BLVD 0.92 NR 7. DREAM 7 EQUITIES LLC C2 2445 E SOUTHLAKE BLVD 0.68 NR 8. COZ LLC C3 2325 E SOUTHLAKE BLVD 0.80 NR 9. ECOTRAN LLC C3 2315 E SOUTHLAKE BLVD 1.72 NR 10. 311 LEGACY LLC AG 311 S KIMBALL AVE 5.66 NR 11. WYNDHAM PROPERTIES LTD SP2 2550 E SOUTHLAKE BLVD 0.68 NR 12. LOWES HOME CENTERS INC C3 201 N KIMBALL AVE 14.87 NR 13. SOVEREIGN BANK NA C2 2438 E SOUTHLAKE BLVD 0.87 NR 14. GRANTLAND PROPERTIES LLC C2 2625 E SOUTHLAKE BLVD 0.55 NR 15. CURRENT OWNER SP1 200 S NOLEN DR 3.46 NR 16. DCTN3 373 SOUTHLAKE TX LLC SP1 2645 E SOUTHLAKE BLVD 1.64 NR 17. Superintendent of Carroll ISD NR 18. Supt of Grapevine Colleyville ISD NR 19. Supt of Northwest ISD NR 20. Superintendent of Keller ISD NR Case No. Attachment D ZA21-0045 Page 2 F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses Received: In Favor: 0 Opposed: 0 Undecided: No Response: 19 Case No. Attachment E ZA21-0045 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses to date Case No. Attachment F ZA21-0045 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-671c 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 3-R-1, BLOCK 1, OF THE GEORGETOWN PARK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY .89 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P- 1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned “S-P-1” Detailed Site Plan District With “C-2” Local Retail Commercial District under the City’s Comprehensive Case No. Attachment F ZA21-0045 Page 2 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 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 Case No. Attachment F ZA21-0045 Page 3 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 3-R-1, Block 1 of the Georgetown Park Addition, City of Southlake, Tarrant County, Texas, located at 2525 E. Southlake Boulevard, Case No. Attachment F ZA21-0045 Page 4 Southlake, Texas. Current Zoning: “C-2” Local Retail Commercial District. Requested Zoning: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following: Ordinance 480-671(ZA14-059): September 16, 2014; Approved (7-0) pursuant to the Site Plan review Summary No. 4, dated September 9, 2014. Ordinance 480-671a (ZA17-103): February 6, 2018; Approved (6-0) on the consent agenda for 1st Reading; granting the landscape ordinance variance as presented this evening. February 20, 2018: Approved (7-0) at 2nd Reading; subject to the Staff Report dated February 13, 2018 and the Site Plan Review Summary No. 2 dated January 12, 2018; noting we are approving the applicant’s request for a variance to the Landscape Ordinance 544-B to allow the landscape as depicted on the proposed landscape plan. City Council motion: August 7, 2018: Approved (6-0) at 2nd Reading, subject to the Staff Report dated July 31, 2018, and Site Plan Review Summary No. 2, dated June 1, 2108: and granting the following variance request: The applicant has requested a variance to the Landscape Ordinance 544-B, to allow the landscape requirements for the existing fully landscaped lot with the additional landscaping, as depicted in the proposed Landscape Plan; also noting, the applicant will remove six trees on the eastern portion of the site to allow for the construction per the plan. The applicant will attempt to transplant the existing two live oaks and three elm trees onsite, as indicated tonight. The Bradford Pear that will be removed with the construction will be replaced with a new tree. If the existing trees cannot be transplanted or don’t survive transplanting, new trees consisting of elms or live oaks will be planted. All new trees will be planted with a minimum 3” caliper. 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 Case No. Attachment F ZA21-0045 Page 5 sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the Case No. Attachment F ZA21-0045 Page 6 balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Case No. Attachment F ZA21-0045 Page 7 PASSED AND APPROVED on the 1st reading the _____ day of _________, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ___ day of ________ 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment F ZA21-0045 Page 8 EXHIBIT “A” PROPERTY DESCRIPTION 2525 E. Southlake Blvd. Lot 3-R-1, Block 1, of Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas as shown on the plat thereof recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas. WHEREAS International MBC, Inc. is the owner of a 0.8917 acre tract of land recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas, situated in Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8” iron rod found in the south line of East Southlake Boulevard (F.M. 1709) at the northeast corner of Lot 1-R-1, Block 1, GEORGETOWN PARK according to the plat thereof recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas. THENCE, South 70 degrees, 47 minutes, 12 seconds East a distance of 187.83 feet to a 5/8” iron rod found in the northwest corner of Lot 4, Block 1, GEORGETOWN PARK, according to the plate thereof recorded in Cabinet A, Slide 4216, Plat Records, Tarrant County, Texas; THENCE, South 00 degrees, 01 minutes, 38 seconds West a distance of 188.13 feet to a 5/8” iron rod found in the northeast corner of Lot 3-R-2, Block 1, GEORGETOWN PARK; THENCE, North 89 degrees, 59 minutes, 40 seconds west a distance of 177.31 feet to a 5/8” iron rod found in the northwest corner of Lot 3-R-2, Block1, GEORGETOWN PARK; THENCE, South 00 degrees, 00 minutes, 20 seconds West a distance of 249.93 feet to the POINT OF BEGINNING. CONTAINING, 38,842 square feet or 0.8917 acres of land, more or less. Case No. Attachment F ZA21-0045 Page 9 EXHIBIT “B” Exhibits (ZA14-059) Site Plan Case No. Attachment F ZA21-0045 Page 10 (ZA14-059) Landscape Plan Case No. Attachment F ZA21-0045 Page 11 (ZA14-059) Narrative Case No. Attachment F ZA21-0045 Page 12 (ZA14-059) Elevations Case No. Attachment F ZA21-0045 Page 13 (ZA17-103) Site Plan Case No. Attachment F ZA21-0045 Page 14 (ZA17-103) Landscape Plan Case No. Attachment F ZA21-0045 Page 15 (ZA17-103) Case No. Attachment F ZA21-0045 Page 16 (ZA17-103) Case No. Attachment F ZA21-0045 Page 17 (ZA17-103) Elevations