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Item 6 - GMICase No. ZA20-0040 Page 1 S T A F F R E P O R T August 28, 2020 CASE NO: ZA20-0040 PROJECT: Zoning Change and Site/Concept Plan for GMI Headquarters EXECUTIVE SUMMARY: Claymoore Engineering, is requesting approval of a Zoning Change and Site/Concept Plan for the GMI Headquarters and the remaining property on property described as Tract 11E, Thomas Easter Survey Abstract No. 474, an addition to the City of Southlake, Tarrant County, Texas, and located at 2450 Crooked Lane, Southlake, Texas. SPIN Neighborhood #8. DETAILS: The property is located at the northwest corner of the intersection of S. Nolen Drive and Crooked Lane The purpose of this request is to seek approval of a site plan to construct an approximately 80,000 square foot light industrial/corporate office building on approximately 7.42 acres and approval of a concept plan for 3 flex commercial buildings totaling approximately 59,000 square feet on approximately 5.74 acres. Site Data Summary Phase 1 Site Plan Phase 2 Concept Plan Existing Zoning AG AG Proposed Zoning S-P-2 S-P-2 Land Use Designation Mixed Use Mixed Use Acreage 7.12 5.74 Number of Lots 1 3 Total Building Floor Area (Gross) Floor Area by Use: Industrial General Office 79,500 sf 57,000 sf 22,500 sf 58,780 sf (3 bldgs.) Max. Building Height/ Number of Stories 35 ft. / 2 35 ft. / 1 story Open Space % 37% 34% Area of Impervious Coverage 202,163 sf 180,245 sf Impervious Coverage % 64% 72% Total Parking Required (S-P-2) 132 196 Total Parking Spaces Provided 195 272 Case No. ZA20-0040 Page 1 The “S-P-2” development regulations are based on the “I-1” Light industrial District Regulations with the following exceptions: Regulation Standard District “I-1” “S-P-2” Regulation Bufferyards Bufferyards shall be located within and along outer perimeter of a lot or boundary 1. To facilitate a contiguous development, buffer yards and building setbacks will not be required along internal boundary lines. 2. Section 42.4.f establishes a F‐2 buffer yard and requires a masonry fence. A masonry fence will not be provided for the F‐2 Buffer along the south property line adjacent to residential zoning. 3. Section 42.4.f establishes a F‐1 buffer yard requires an 8’ opaque fence. A screen fence will only be provided along the property line to screen the truck docks. This will be a minimum 8’ masonry fence. 4. Section 42 Table One establishes a F‐1 buffer yard will be required along the northwest corner of the site. For a distance of 380’ along the northern property line due east from the northwest corner will not provide a buffer yard . Truck Loading Area Screening Minimum 10’ masonry screen wall similar to building facade 8’ masonry fence as part of the bufferyard Impervious Coverage Maximum impervious coverages shall not exceed 80% of the total lot area Allow for the impervious coverage to be calculated for the entire development as opposed to individual lots. Tree Preservation Tree Preservation Ordinance & Tree Technical Manual Ordinance 585‐E 7.2.a specifies that 50% of the existing tree canopy shall be preserved. 25.6% of existing tree canopy will be preserved. Coverage is approximately 42.7% and is predominantly located along the eastern and southern boundary of the site. VARIANCES REQUESTED: 1. Driveway Ordinance 634 requires that driveways maintain a minimum 250’ Case No. ZA20-0040 Page 1 spacing between driveway entrances. Driveway spacing between driveways will be reduced to a minimum of 193’ along Nolan Drive. 2. Driveway Ordinance 634 requires that driveways maintain a minimum 200’ spacing between driveways and intersections. Driveway spacing between intersections will be reduced to a minimum of 145’ spacing along Nolan Drive from Crooked Lane. 3. Driveway Ordinance 634 requires a minimum driveway stacking of 100’. Stacking for the Driveway to Nolan Dr. will be reduced to 59.7’. 4. Zoning Ordinance 33.19 and Subdivision Ordinance 5.13.B requires sidewalks be constructed along a street Right‐of‐Way. Sidewalk along Nolan Drive will not be installed due to the existing drainage facilities. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #3, dated August 28, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-771 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative and Regulations Plans Traffic Impact Analysis Corridor Planning Committee Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA20-0040 Page 1 BACKGROUND INFORMATION OWNER: GMI APPLICANT: Claymoore Engineering PROPERTY SITUATION: 2450 Crooked Lane, Southlake, Texas LEGAL DESCRIPTION: Tract 11E, Thomas Easter Survey Abstract No. 474, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: The “AG” Agricultural District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. SOUTHLAKE 2035 PLAN: Future Land Use Plan The site is designated “Mixed Use”. Purpose and Definition: To provide an option for large-scale, master- planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. Case No. Attachment A ZA20-0040 Page 2 Crooked/Kimball Small Area Plan The property is also included in the Crooked/Kimball Small Area Plan. The Future Land Use designation was changed from Low Density Residential to Mixed Use in 2012 as a result of the recommendations in that plan. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Nolen Drive. to be a 3-lane undivided arterial with 70-foot of right of way. The future Village Center Drive location will be north of the property and connect to S. Nolen Drive and S. Kimball Avenue; it is planned as a 2-lane undivided collector with 60’ of right of way. The property will not have direct access to Crooked Lane, a 2-lane local street with a 60-foot right-of-way. Pathways Master Plan & Sidewalk Plan There are currently no sidewalks along Crooked Lane or S. Nolen Drive of the subject property. The Pathways Master Plan indicates a 6-foot wide sidewalk on both the west side of S. Nolen Drive and the west side of Crooked Lane. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site will be accessed by a main driveway entrance at S. Nolen Drive. Traffic Counts S. Nolen Drive (85) (Between Highland St and Dove Rd) 24hr North Bound (3,036) South Bound (3,068) AM Peak AM (353) 11:45 – 12:45AM Peak AM (345) 8:45 – 9:45AM PM Peak PM (395) 4:30– 5:30PM Peak PM (345) 12:45 – 1:45PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was prepared for this development and is included with the packet. Use Area/Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT Phase 1: General Light Industrial 110 57,000 sf 398 47 7 7 50 Phase 1: General Office 22,500 sf 248 219 30 43 206 Phase 2: General Office 58,780 sf 648 81 11 15 73 Total 1,294 347 48 65 299 * 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 TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-E Under traditional zoning the proposed preservation of the existing tree Case No. Attachment A ZA20-0040 Page 3 cover would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 42.7% of existing tree cover across the property and 50% of the existing tree cover would be required to be preserved. 74.4% of the existing tree canopy cover is proposed to be removed and 25.6% proposed to be preserved. UTILITIES: The water line access to the site is located along the west side of S. Nolen Drive with an 8-inch water line, a 6-inch water line on the west side of Crooked Lane, and two (2) 8-inch water lines at the Pinnacle Point development to the west of the property. The property has access to an 8-inch sewer line along the west side of S. Nolen Drive and an 8-inch sewer connection at the Kimball Heights development to the west. DRAINAGE: The site drains from the west to the east and southeast towards S Nolen Drive and Crooked Lane. The proposed drainage improvements include a detention pond at the south end of the property in Phase 1 and an underground drainage pond (structure) under the parking lot located in the southeast corner of Phase 2. CITIZEN INPUT: The following meetings were held to discuss the development: A 2035 Corridor Planning Committee meeting was held on June 24, 2020. The report is provided in the packet. STAFF COMMENTS: Attached is Review Summary No. #3, dated August 28, 2020 Case No. Attachment B ZA20-0040 Page 1 Case No. Attachment C ZA20-0040 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA20-0040 Review No.: Three Date of Review: 8/28/20 Project Name: Zoning Change and Site Plan – GMI Crooked and S. Nolen APPLICANT: Claymoore Engineering OWNER: Zada M White Estate Trust Clay Christy Steve Shrum 1903 Central Dr. 425 Ridge Dr. Bedford, TX 76021 Grapevine, TX 76051 Phone: 817-281-0572 Phone: 214-637-4300 Email: clay@claymooreeng.com Email: shrum@glaciercommercial.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7-27-2020 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. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Label the stacking depth measured from the R.O.W. to the nearest parking stall or intersecting drive lane pavement edge. VARIANCE REQUESTED to allow 59.7 ft. (100 ft. required) b. Label the distance between proposed S. Nolen Drive driveway centerline to the property line at Crooked Lane. VARIANCE REQUESTED to allow 145 ft. (200 ft. required) c. Label the distances to the nearest existing off-site driveway centerlines in both directions of the site (See Driveway Ord. 634 § 5 for spacing requirements). VARIANCE REQUESTED to allow 193 ft. (250 ft. required) 2. A 5-foot sidewalk is required on S. Nolen Drive. VARIANCE REQUESTED to remove the requirement due to existing drainage structures. 3. Insure the screening devices for the Phase 1 building adjacent to the residential properties. Meet the Residential Overlay Zone, see Ord. 480-S § 43.13.a.6 for design criteria. Provide a minimum of 10-feet screening. 4. The future addresses for the development will be addressed off S. Nolen Drive. 5. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment C ZA20-0040 Page 1 6. A minimum of 60 feet of right-of-way is required for Crooked Lane. Dedication must be provided from the established southeastern right-of-way line where dedication has been provided and the established centerline such that a minimum of 60 feet will be attained. Note: The masonry and articulation requirements in Zoning Ordinance No. 480, as amended, Section 43, Residential Adjacency Standards, Sections 43.13.a.1 and 43.13.a.4 are not being met on each elevation. A variance to the to the masonry and articulation requirements would typically be required but is exempted by HB 2439 of 86th Legislature of the State of Texas. All materials must meet applicable building codes. _________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 Email: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The proposed sidewalk along may Crooked Lane conflict with the preservation of protected within the right-of-way. * Under traditional zoning the proposed preservation of the existing tree cover would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585- E. There is 42.7% of existing tree cover across the property and 50% of the existing tree cover would be required to be preserved. 74.4% of the existing tree canopy cover is proposed to be removed and 25.6% proposed to be preserved. 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 Case No. Attachment C ZA20-0040 Page 1 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: i. 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; ii. 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 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: * The applicant is requesting a variance to not provide the required 10’ – F1 bufferyard along the north property line of the proposed phase 1 portion of the development. The property line is shown to be within the centerline of the proposed access drive. 1. The amount of canopy trees within the Phase 1, East 2, South, and West bufferyards do not match the “Required” and “Provided” amounts in the Bufferyards Summary Chart calculations. If existing tree credits are being taken please provide this information in the chart. 2. There are clearly more trees shown in the interior landscape design for Phase 1 than shown to be provided in the interior landscape calculations. Update the “Provided” section of the Interior Landscape Summary Chart to reflect the amount of landscape plant material shown to be provided within the interior landscape design. The amount of plant material shown in the design should match the amounts shown in the Interior Landscape and Bufferyards Summary Charts, and plant material quantities in the Plant List. Case No. Attachment C ZA20-0040 Page 1 3. The parking landscape islands contain the required trees but do not contain the other required plant material. 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. This applies to the landscape area at the ends of all rows of parking spaces. 4. Delineate which landscaping is planted towards meeting the requirements for the interior landscaping and towards the bufferyards landscaping. 5. The Phase 2 interior landscape calculations are incorrect. When an I-1 zoned property has building floor areas 10,000 S.F. or greater, the amount of required interior landscape area is based on 15% of the building floor areas instead of 20%. * Indicates informational comment. # Indicates required items comment. Case No. Attachment D ZA20-0040 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1. BTR-8 SOUTHLAKE LLC SP2 2707 E SOUTHLAKE BLVD 5.76 NR 2. TRI DAL REAL ESTATE LTD SF1-A 505 S KIMBALL AVE 4.03 NR 3. STRUEMPLER, BOBBY G SF1-A 700 WHISPERING WOOD 2.27 NR 4. CHURCH OF CHRIST OUR KING SP1 595 S KIMBALL AVE 3.96 NR 5. LIMC REAL ESTATE LLC SP1 410 S NOLEN DR 0.60 NR 6. CAVU EQUITY GROUP LLC SP1 416 S NOLEN DR 0.60 NR 7. HARMAN, JONATHAN SF1-A 2449 CROOKED LN 1.60 NR 8. MYAN PLAZA LP O1 520 SILICON DR 1.43 NR 9. SILICON TEXAS PROPERTIES LLC SP1 512 SILICON DR 0.65 NR 10. ALTITUDE AT CORNERSTONE CROSSI SP1 516 SILICON DR 0.73 NR 11. FATCAT LLC SP1 508 SILICON DR 0.66 NR 12. TRI DAL REAL ESTATE LTD SF1-A 2450 CROOKED LN 3.20 NR 13. CESANDER, LAURENCE P O1 2485 E SOUTHLAKE BLVD 1.34 NR 14. 495 KIMBALL LLC SP1 495 S KIMBALL AVE 3.96 F 15. SP SOUTHLAKE-KIMBALL II LLC SP2 455 S KIMBALL AVE 7.30 NR 16. TOULA KIMBALL-SOUTHLAKE INVEST SP2 415 S KIMBALL AVE 1.64 O 17. 2021 PRIMROSE OFFICE II LLC AG 200 S NOLEN DR 1.54 NR 18. MPA SOUTHLAKE MOB LLC SP1 300 S NOLEN DR 1.84 NR 19. INDUSTRIAL MACHINE SALES SP2 415 S NOLEN DR 2.26 NR 20. SOUTH NOLAN MEDICAL INVESTMENT SP1 200 S NOLEN DR 3.88 NR 21. GEOTEL GROUP INC SP1 305 S. NOLEN DR 1.83 NR 22. Superintendent of Carroll ISD NR 23. Supt of Grapevine Colleyville ISD NR Case No. Attachment D ZA20-0040 Page 2 24. Superintendent of Northwest ISD NR 25. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-four (24) Responses Received within 200’: In Favor: 1 Opposed: 1 Undecided: 0 No Response: 22 Case No. Attachment E ZA20-0040 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES Case No. Attachment E ZA20-0040 Page 2 Case No. Attachment F ZA20-0040 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-771 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 TRACT 11E, THOMAS EASTER SURVEY ABSTRACT NO. 474,CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 13.16 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, 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 “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA20-0040 Page 2 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment F ZA20-0040 Page 3 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 Tract 11E, Thomas Easter Survey Abstract No. 474, an addition to the City of Southlake, Tarrant County, Texas being approximately 13.16 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-2” Generalized Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment F ZA20-0040 Page 4 City Council meeting: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment F ZA20-0040 Page 5 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment F ZA20-0040 Page 6 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 _____ day of _____, 2020. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2020. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA20-0040 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA20-0040 Page 8 EXHIBIT “A” Being described as Tract 11E, Thomas Easter Survey Abstract No. 474, City of Southlake, Tarrant County, Texas, being approximately 13.16 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment F ZA20-0040 Page 9 EXHIBIT “B” Reserved for approved Site Plan