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Item 7A9 CASE NO: ZA21-0020 SOUTHLAK.E PLANNING & DEVELOPMENT SERVICES STAFF REPORT April 27, 2021 PROJECT: Zoning Change and Site Plan for Magnolia Southlake EXECUTIVE SUMMARY: Claymoore Engineering, is requesting approval of a Zoning Change and Site Plan DETAILS: for Magnolia Southlake on property described as Tract 11 and a portion of Tract 11 E, Thomas Easter Survey, Abstract No. 474 (generally located on S. Village Center Drive 370 feet west of S. Nolen Drive), City of Southlake, Tarrant County, Texas, and addressed at 320 S. Nolen Drive, Southlake, Texas. SPIN Neighborhood #8. The property is located on Village Center Drive approximately 370 feet west of the intersection of S. Village Center Drive and S. Nolen Drive. The purpose of this request is to seek approval of a zoning change and site plan to construct three (3) 2 -story office buildings totaling 25,600 square feet on 3 lots on approximately 1.84 acres. Case No. ZA21-0020 Page 1 Site Plan Existing Zoning AG Proposed Zoning S -P-1 with "O-1" District Uses Land Use Designation Mixed Use Acreage 1.84 Number of Lots 3 Total Building Floor Area (Gross) Floor Area by Use: General Office 25,600 sf 25,600 sf Max. Building Height/ Number of Stories 35 ft. / 2 Area of Impervious Coverage 60,123 sf Impervious Coverage % all lots 74% Total Parking Required(S-P-2) 90 Total Parking Spaces Provided 100 Case No. ZA21-0020 Page 1 The "S -P-1 " development regulations are based on the "O-1" Office District Regulations with the following exceptions: Regulation Standard District "0-1" "S -P-1" Regulation Bufferyards shall be located To facilitate a contiguous development, Bufferyards within and along inner perimeter buffer yards will not be required along of a lot or boundary. internal boundary lines. Building Setbacks "0-1" district requires 15 ft. side Setbacks as shown on interior lots yard setbacks. (setbacks as shown on site plan). Maximum impervious coverages Allow for the impervious coverage to be Impervious shall not exceed 65% of the total calculated forthe entire developmentas Coverage lot area. opposed to individual lot to a maximum of 75%. Section 35.2 Location of Parking Parking agreements will be in place Parking Spaces. All parking spaces prior to permitting to satisfy the required shall be locate on the combined parking requirements for the same lot. development. Tree Preservation Ordinance & Tree Technical Manual Ordinance 14.3% of existing tree canopy will be Tree Preservation 585-E 7.2.a specifies that 60% of preserved. Coverage is approximately the existing tree canopy shall be 29.4% preserved. A 5 -foot sidewalk is required along the constructed S. Village Center Drive. The applicant has noted that funds will be escrowed for the sidewalk on the future S. Village Center Drive connection to S. Kimball Avenue. VARIANCE REQUESTED: The applicant is requesting a variance to Section 8.01.A. of the Subdivision Ordinance No. 483, as amended, which requires every lot shall abut on a public or a private street. Buildings 2 and 3 (Lots 2 and 3) are required to front on a public or private street. Building 3 (Lot 3) fronts on a common access easement to the south and Building 2 (Lot 2) fronts on the future S. Village Center Drive. ACTION NEEDED: Consider 11t reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #4, dated April 22, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-781 Full Size Plans (for Commission and Council members only) Case No. ZA21-0020 Page 1 Presentation Zoning Document Plans TIA Threshold Worksheet and Trip Generation STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA21-0020 Page 1 BACKGROUND INFORMATION OWNER: Primrose Office II, LLC APPLICANT: Claymoore Engineering PROPERTY SITUATION: 320 S. Nolen Drive, Southlake, Texas LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: PROPOSED ZONING: HISTORY: SOUTHLAKE 2035 PLAN Case No. ZA21-0020 Tract 11 E, Thomas Easter Survey Abstract No. 474, an addition to the City of Southlake, Tarrant County, Texas Mixed Use "AG" Agricultural District and "S -P-2" Generalized Site Plan District "S -P-1" Detailed Site Plan District with "O-1" Office District Uses 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. 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 E 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. Attachment A Page 1 TRANSPORTATION ASSESSMENT: Crooked/Kimball Small Area Plan The property is also included in the Crooked/Kimball Small Area Plan. The Future Land Use deslgnatlon 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 partially completed Village Center Drive, located at the north property line, connects to S. Nolen Drive and will have a future connection to S. Kimball Avenue. Village Center Drive is planned as a 2 -lane undivided collector with 60' of right of way. Pathways Master Plan & Sidewalk Plan There are currently no sidewalks along Village Center Drive of the subject property. The Pathways Master Plan indicates a 5 -foot wide sidewalk on Village Center Drive. Area Road Network and Conditions The site will be accessed by a main driveway entrance at Village Center Drive and by driveways on properties to the south and east. Traffic Counts " Based on the 2017 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. 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 cover would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 29.4% of existing tree cover across the property and 14.3% of the existing tree cover would be required to be preserved. 85.7% of the existing tree canopy cover is proposed to be removed and 14.3% proposed to be preserved. UTILITIES: The water line access to the site is located along the south side of Village Center Drive with an 8 -inch water line. The property has access to an 8 -inch sewer line from the adjacent property to the east from S. Nolen Drive. Case No. Attachment A ZA21-0020 Page 2 DRAINAGE: The site drains generally from the southwest to the east towards S Nolen Drive. CITIZEN INPUT: SPIN and Corridor Planning Committee meetings were not held for this request. PLANNING AND ZONING COMMISSION: April 22, 2021; Approved (4-0) subject to the Staff report dated April 22, 2021 and the Site Plan Review Summary No. 4 dated April 22, 2021. STAFF COMMENTS: Attached is Site Plan Review Summary No. #4, dated April 22, 2021. Case No. Attachment A ZA21-0020 Page 3 Vicinity Map 320 S. Nolen Drive 2+525 2445 2546 240 2757 a 2i 17 277 2717 230 22.0 210 LLI w 2TT7 'ter 4` 425 435 445 4 cn IM Ur1 710 21-0020 *� Zoning Change _t and Site Plan 0 90180 300 Gb Feet f Case No. Attachment B ZA21-0020 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0020 Review No.: Four Date of Review: 4/22/21 Project Name: Zoning Change and Site Plan — Magnolia Southlake APPLICANT: Claymoore Engineering, Inc. Clay Cristy 1903 Central Drive Bedford, TX 76021 Phone: 817-281-0572 Email: clay@claymooreeng.com OWNER: Primrose Office II, LLC Randy Primrose 5506 Sycamore Drive Colleyville, TX 76034 Phone: 214-500-6763 Email: randy@mperes.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/13/2021 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(a-),ci.southlake.tx.us Show and label a "Common Access Easement" centered over and covering all internal and perimeter driveways. This will be required on any subsequent plat submitted. 2. The site plan anticipates the ability to subdivide the property such that each building is on an individual lot. All lots must front on a street per Section 8.01.A of the Subdivision Ordinance No. 483, as amended. Building 3 (Lot 3) is proposed to front on a common access easement. Show and label a "Common Access Easement" centered over covering all internal and perimeter driveways providing access. This will be required on any subsequent plat submitted. Building 2 (Lot 2) is proposed to front on the future S. Village Center Drive. The applicant is requesting a variance to Section 8.01.A. of the Subdivision Ordinance No. 483, as amended, which requires every lot shall abut on a public or a private street. (Variance Requested) 3. Insure that all mechanical equipment is screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(@ci.southlake.tx.us TREE CONSERVATION COMMENTS: Case No. Attachment C ZA21-0020 Page 1 Within the Zoning Document Development Regulations, it states that the Tree Preservation Ordinance 585-E, Section 7.2.a, specifies that 50% of the existing tree canopy shall be preserved. Based on 29.4% of existing tree cover, the Tree Preservation Ordinance 585-E, Section 7.2.a, Table 2.0 specifies that 60% of the existing tree cover shall be preserved. 2. A storm sewer is proposed to be installed through the critical root zone areas of at least two (2) of the existing trees proposed to be preserved within the northwest corner of the property. 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. If the development were proposed as straight zoning it would not comply the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 29.4% of existing tree cover on the site and a minimum of 60% the existing tree cover would be required to be preserved. The applicant is proposing to preserve 14.3%. 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* 70% -0%-20% 20.1-40% 60% 50% -40.1%-60% 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 Cou ncil 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; Case No. Attachment C ZA21-0020 Page 1 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: Please ensure that all mechanical equipment on the ground and on the building are fully screened from the right-of-way. Existing tree credits are proposed to be taken for required canopy trees and accent trees. 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. The required south bufferyard is not being provided because it is located within a future access drive. Indicates informational comment. # Indicates required items comment. Development Engineering Sandra Endy, P.E. Development Engineer Phone: 817-748-8033 Email: sendy@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. Case No. Attachment C ZA21-0020 Page 1 The required Sidewalk along Village Center frontage shall be constructed with the continuation of Village Center and is not required to be constructed with this project. In lieu of constructing the sidewalk, a sidewalk escrow fee will be required to be paid prior to obtaining final approval. WATER COMMENTS: Building 3 is showing connection to the waterline south of the building. Please be aware that the water line south of this project shall be constructed prior to or concurrent with this project. 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.cityofsouthlake.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: https://www.citvofsouthlake.com/2237/Stormwater-Management-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 right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City's sewer, water or storm sewer system. * A Developer Agreement will 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. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 Case No. Attachment C ZA21-0020 Page 1 E-mail: kclements(@ci.southlake.tx.us GENERAL COMMENTS: Ensure that the riser rooms are a minimum of 5'X5' since the double check valve will be located in a vault. (Plans do not reflect adequate riser room dimensions) General Informational Comments Staff strongly recommends contacting Jerod Potts in the Planning and Development Services Department to determine if a SPIN meeting would be beneficial to your application. Jerod can be contacted by phone at (817) 748-88195 or by e-mail at jpotts(a)_ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to South lakeSPIN.org. 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. This property lies within the 75 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. Denotes Informational Comment Case No. Attachment C ZA21-0020 Page 1 SURROUNDING PROPERTY OWNERS MAP 221 2281 --lay `39 2550 Physical Address Acreage ?315 2 2545 EAST LLC C2 2515 as NR 2. DREAM 7 EQUITIES LLC d .•. 2456 NR 3T7p ZADA M WHITE ESTATE TRUST AG 2450 CROOKED LN S75 �7dq NR 4. 311 LEGACY LLC AG e yd 5.66 NR 2435 2555--.- � �Ur -- SP2 les 1.64 k� �Vp 6. 2021 PRIMROSE OFFICE II LLC X15 2545 200 S NOLEN DR GE CEN 12 DR 290 a� 245238 218 � � 2717 2T77 2r3a 2787 SP1 w S a 3.46 2iF7 8. J SP1 300 S NOLEN DR 1.83 ¢i a fl] t� YY CESANDER, LAURENCE P 01 Y d7 4 1.34 lj 10. SP SOUTHLAKE-KIMBALL II LLC 43 455 S KIMBALL AVE 7.30 445 ra Superintendent of Carroll ISD Y� NR 12 Superintendent of Grapevine Colleyville ISD NR m h Superintendent of Northwest ISD h NR 14. Superintendent of Keller ISD _4 _ _. _ - -.?438 iF SPO # Owner Zoning Physical Address Acreage Response 1. 2545 EAST LLC C2 2545 E SOUTHLAKE BLVD 0.92 NR 2. DREAM 7 EQUITIES LLC C2 2445 E SOUTHLAKE BLVD 0.68 NR 3. ZADA M WHITE ESTATE TRUST AG 2450 CROOKED LN 12.94 NR 4. 311 LEGACY LLC AG 311 S KIMBALL AVE 5.66 NR 5' TOULA KIMBALL -SOUTH LAKE INVEST SP2 415 S KIMBALL AVE 1.64 NR 6. 2021 PRIMROSE OFFICE II LLC AG 200 S NOLEN DR 1.54 NR 7. CURRENT OWNER SP1 200 S NOLEN DR 3.46 NR 8. MPA SOUTHLAKE MOB LLC SP1 300 S NOLEN DR 1.83 NR 9. CESANDER, LAURENCE P 01 2485 E SOUTHLAKE BLVD 1.34 NR 10. SP SOUTHLAKE-KIMBALL II LLC SP2 455 S KIMBALL AVE 7.30 NR 11. Superintendent of Carroll ISD NR 12 Superintendent of Grapevine Colleyville ISD NR 13. Superintendent of Northwest ISD NR 14. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Fourteen (14) Responses Received within 200': In Favor: 0 Opposed: 0 Undecided: 0 No Response: 14 Case No. Attachment D ZA21-0020 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses received to date Case No. Attachment E ZA21-0020 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-781 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 11 AND A PORTION OF TRACT 11E, THOMAS EASTER SURVEY ABSTRACT NO. 474, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-1" DETAILED 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 Case No. Attachment F ZA21-0020 Page 1 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 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 ZA21-0020 Page 2 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 Tract 11 and a portion of Tract 11 E, Thomas Easter Survey Abstract No. 474, City of Southlake, Tarrant County, Texas attached hereto and incorporated herein as Exhibit "B", and subject to the following Case No. Attachment F ZA21-0020 Page 3 conditions: 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 ZA21-0020 Page 4 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 ZA21-0020 Page 5 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 , 2021. MAYOR MAN aIonI CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA21-0020 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA21-0020 Page 7 EXHIBIT "A" Being described as Tract 11 and a portion of Tract 11 E, Thomas Easter Survey Abstract No. 474, City of Southlake, Tarrant County, Texas and being more particularly described as follows: PROPERTY DESCRIPTION BEING all of that certain lot, tract or parcel of land situated in the THOMAS EASTER SURVEY, ABSTRACT NO. 474, City of Southlake, Tarrant County, Texas, and being all of that same tract of land described in deed to 2021 Primrose Office II LLC, recorded in Instrument No. D218263576 and all of that same tract of land described in deed to Primrose Office II LLC, recorded in Instrument No. D22029545111 of the Deed Records of Tarrant County, Texas, and said composite tract being more particularly, described as follows: BEGINNING at a 5/8" iron rod found for corner in the south R.O.W. line of Village Center (a variable width R.O.W.), said point being the northwest corner of Lot 1, Block 1 of Nolen Office Park Addition, an addition to the city of Southlake, Texas, recorded in Instrument No. D213017713 of the Deed Records of Tarrant County, Texas; THENCE S 00°30'43" E, 179.43' along the west line of said Lot 1 to a 5/8" iron rod found for corner in the north line of the remainder of that same tract of land described in deed to Metroplex Acoustical, Inc., recorded in Instrument No. D220218306 of the Deed Records of Tarrant County, Texas; THENCE S 89°43'01" W, 20.91' along the north line of said Metroplex Acoustical, Inc. property to a 5/8" iron rod set at the northeast corner of the above mentioned Primrose Office II LLC property; THENCE S 00°32'33" E, 38.84' along the common line of said Metroplex Acoustical, Inc. property and said Primrose Office II LLC property to a 5/8" iron rod set for corner; THENCE N 89°59'03" W, 359.28' along the common line of said Metroplex Acoustical, Inc. property and said Primrose Office 11 LLC property to a 5/8" iron rod set for corner in the east line of Lot 3, Block A of Pinnacle Point, Lots 1, 2 and 3, Block A, an addition to the City of Southlake, Texas, recorded in Instrument No. D217057810 of the Deed Records of Tarrant County, Texas; THENCE N 00°11'22" W, 214.96' along the east line of Lots 3 and 2 of said Pinnacle Point, Lots 1, 2 and 3, Block A addition to a 5/8" iron rod found for corner in the south line of Village Center; THENCE N 89°30'00" E, 378.95' along the south line of Village to the Point of Beginning and containing 81,426.41 square feet or 1.8693 acres of land. Case No. Attachment F ZA21-0020 Page 8 EXHIBIT "B" Site plan Case No. Attachment F ZA21-0020 Page 9