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480-799 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-799 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 ALL OF AS TRACT 3D, W.R. EAVES SUREVY ABSTRACT NO. 500, SOUTHLAKE,TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 14.13 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL 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 "C-2" Local Retail 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 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 ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NUMBER 500 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A 14.1341 ACRE TRACT OR PARCEL OF LAND DESCRIBED BY DEED TO W & B KIDD FAMILY, L.P., A TEXAS LIMITED PARTNERSHIP, AS RECORDED IN VOLUME 11587, PAGE 692 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY "Exhibit A" herein with the following conditions: PLANNING &ZONING COMMISSION ACTION: March 23, 2023; Approved (7-0); subject to Staff Report dated March 17, 2023, and Plan Review Summary No. 2, dated March 17, 2023, and noting applicants willingness to consider providing renderings to City Council showing berms along Southlake Blvd. as well as an option reducing the parking and moving it back from Southlake Blvd. and including the finding that while the site has retail commercial designation on the northern end of the site and the medium density residential land use designation on the southern end, that the commission finds the proposed use is consistent with a land use plan given the entire site is currently zoned "C-2" General Commercial District as well as the proposed zoning is further aligned with the land use plan, as the area with medium density residential designation will primarily be used for the cultivation of plants, storage of landscape supplies as well as open space. CITY COUNCIL ACTION (1st Reading): April 4, 2023; Approved (7-0); subject to Staff Report dated March 27, 2023 and Site Plan Review Summary No. 2, dated March 17, 2023, noting revised exhibits removing 14 parking spaces and the addition of a berm at the northwest corner adjacent to Southlake Boulevard, finding agreement with P&Z findings that while the site has retail commercial designation on the northern end of the site and the medium density residential land use designation on the southern end, that the commission finds the proposed used as is consistent with a land use plan and the entire site is currently his zoned "C-2" General Commercial District as well as the proposed zoning is further aligned with a land use plan, as the area with medium density residential designation will primarily be used for the cultivation of plants, storage of landscape supplies as well as open space, also noting that council will consider a reorientation of the building toward Southlake Boulevard if the applicant so desires. CITY COUNCIL ACTION (2nd Reading): April 18, 2023; Approved (7-0); subject to Staff Report dated April 11, 2023, and Revised Site Plan Review Summary No. 2, dated April 11 2023,noting that approving as presented this evening save for signage including the water tower to be approved under separate permit per the Sign Ordinance, and agreeing with the findings of the P&Z Commission that while the site has retail commercial designation on the northern end of the site and the medium density residential land use designation on the southern end, that the commission finds the proposed use is consistent with a land use plan given the entire site is currently zoned "C-2" General Commercial District as well as the proposed zoning is further aligned with the land use plan, as the area with medium density residential designation will primarily be used for the cultivation of plants, storage of landscape supplies as well as open space. REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA23-0005 Review No.: Two Date of Review: 04/11/23 Project Name: Zoning Change and Site Plan — Green Acres APPLICANT: OWNER: Kimley — Horn ATTN: Carolyn Koch Gans TX Re Southlake LLC ATTN: Erik Snare 6160 Warren Parkway, STE 210 604 Sutter St, STE 350 Frisco, Texas 75034 Folsom, California 95639 Phone: 972.335.3580 Phone: 916.673.9290 Email: Carolyn.koch@kimley-horn.com Email: erik.snare@idiggreenacres.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/13/23 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 REAGAN ROTHENBERGER AT (817) 748-8602. 1. Show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. Properties within Corridor Overlay Zone see Ord. 480, as amended, 43.9.c.1 for design criteria. Provide a minimum 8' screening device meeting the requirements of Ordinance 480, Sections 33 and 39 along all boundaries abutting residential property. The commercial property owner shall be permitted to use existing fences to satisfy this requirement, but shall maintain the fence in good repair. Please note the location and type of fence in development regulations. 2. Show any dedication of right-of-way that will be needed to maintain the existing parkway width for Southlake Boulevard. The dedication of this area will be required during the platting phase in order to account for and replace an equivalent amount of parkway to be used for the proposed right turn/deceleration lane. General Comments: • Stucco shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. • It is noted that the regulations are written to permit an impervious coverage of 85%, however, as presented, the plans reflect an impervious coverage of 54%. If this is to provide coverage for future development, keep in mind that any changes to this site plan in the future will require to proceed through the Detailed Site Plan approval process. Reagan C. Rothenberger, AICP Planning Manager 817-747-8062 rrothenberger@ci.southlake.tx.us Tree Conservation/Landscape Review: • The applicant is proposing to mitigate the removal of 643.2" of trees by paying $96,008.90 into the City of Southlake Reforestation Fund. * If the development was proposed with straight zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 61% of exiting tree cover on the property and a minimum of 40% of the tree cover would be required to be preserved. A total of 63% of the existing tree cover is proposed to be removed and maximum of 37% is proposed to be preserved. • Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance 585-E, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% —20% 70% 20.1 —40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; 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: 1. Within the Bufferyards Summary Chart, the "Required" width of the east bufferyard is incorrect. The minimum required width is 10'. The minimum required bufferyard adjace to the east 01 zoned properties is required to be a 10' — B type bufferyard. Adjacent to the CVS development, which is zoned C2, the minimum of a 5' —A type bufferyard is required. 2. No bufferyard is proposed along the south property line abutting the panhandle of the CVS development, and the area of the east bufferyard adjacent to CVS is within the existing access drive. Please provide the south portion of the bufferyard adjacent to the CVS development, and provide the required east bufferyard plant material elsewhere on the property. 3. Existing tree credits are proposed to be taken for required interior and bufferyards landscaping. 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 applicant is proposing to provide only the required interior landscape area and plant material based on 50% of the floor area of the Retail Sales and Warehouse buildings. The floor areas of the Patio Green House, House Plant Green House, Shade Pavilion, Shade Structure, and Outdoor Sun areas are proposed to be not included. • Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Public Works/Engineering Review UTILITY COMMENTS: 1. The existing water meter shall be plugged and abandoned if not used. DRAINAGE COMMENTS: 1. My previous comment had a typo and stated that the infiltration values were low, however, it should have stated that the intensity values are low. Please verify that these values are from the most current iSWM manual, updated in April 2020. 2. The offsite area to the north of the property is not included on the proposed drainage area map. 3. The storm drain system that captures and routes the offsite flows from the north through the property shall be located within a drainage easement. INFORMATIONAL COMMENTS: Submit 22"x34" civil construction plans and a completed Construction Plan Checklist to the Public Works Department through the online customer self service portal located here: https://energov.cityofsouthlake.com/energov_prod/selfservice#/home. 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.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. Retaining walls greater than 4-feet in height, measured from the top of wall to the bottom of footing shall require a separate permit. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Fire Department Review The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main. measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5'X5' if the double check is located in a vault, or a minimum of 6'X6' if it is located on the riser. (Indicate the riser room location and dimensions to ensure it will meet the minimum requirements) Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us General Informational Comments • The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above . If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. • 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. • Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. • The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. • In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. • Denotes Informational Comment 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. 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 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 4th day of April, 2023. MA ‘‘‘`�u1HL p,„� ATTEST: ` �5 >•1:. CIT RETfrtY PASSED AND APPROVED on the 2nd reading the 18th day of April, 2023. 1� MAC t R �� uTH/AAf ', ATT T: . g� F 0,, ; X_ ' D= up= CIT TAR . APPROVED AS TO FORM AND LEGALITY: I, ** t CC) CITY ATTORNEY DATE: 4I ,bl25 ADOPTED: 11 (rii123 EFFECTIVE: 11?-)/3 EXHIBIT "A" BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NUMBER 500 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A 14.1341 ACRE TRACT OR PARCEL OF LAND DESCRIBED BY DEED TO W & B KIDD FAMILY, L.P., A TEXAS LIMITED PARTNERSHIP, AS RECORDED IN VOLUME 11587, PAGE 692 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ALUMINUM MONUMENT AND A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 1 OF PLAYERS CIRCLE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER CABINET A, SLIDE 10975 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED BY DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 9981 , PAGE 1209 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS SAID POINT BEING IN THE SOUTH RIGHT-OF-WAY LINE OF WEST SOUTHLAKE BOULEVARD (F.M. 1709), AND BEING THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2799.79 FEET WITH A CENTRAL ANGLE OF 12° 23' 04" AND A CHORD BEARING NORTH 72° 55' 06" EAST AT A DISTANCE OF 604.00 FEET; THENCE SOUTHEASTERLY AND FOLLOWING ALONG SAID CURVE TO THE RIGHT AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST SOUTHLAKE BOULEVARD (F.M. 1709) AND THE SOUTH LINE OF SAID STATE OF TEXAS TRACT FOR AN ARC DISTANCE OF 605.18 FEET TO A 5/8" INCH IRON ROD SET FOR CORNER, SAME BEING THE WESTERLY CORNER OF A TRACT OF LAND DESCRIBED BY DEED TO THE CITY OF SOUTHLAKE AS RECORDED UNDER INSTRUMENT NUMBER D200078639 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; THENCE NORTH 89° 28' 22" EAST AND CONTINUING ALONG THE SOUTH RIGHTOF- WAY LINE OF SAID WEST SOUTHLAKE BOULEVARD (F.M. 1709), AND THE SOUTH LINE OF SAID CITY OF SOUTHLAKE TRACT, FOR A DISTANCE OF 71.33 FEET TO A 5/8" IRON ROD SET FOR CORNER, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2787.79 FEET WITH A CENTRAL ANGLE OF 01° 31' 47" AND A CHORD BEARING NORTH 81° 16' 29" EAST AT A DISTANCE OF 74.43 FEET; THENCE NORTHEASTERLY AND FOLLOWING ALONG SAID CURVE TO THE RIGHT AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST SOUTHLAKE BOULEVARD (F.M. 1709), AND THE SOUTH LINE OF SAID CITY OF SOUTHLAKE TRACT FOR AN ARC DISTANCE OF 74.43 FEET TO AN "X" CUT IN CONCRETE FOUND FOR CORNER, SAID POINT BEING THE NORTHWEST CORNER OF LOT 5 OF W.R. EAVES ADDITION NO. 500, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED UNDER CABINET A, SLIDE 5834 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 00° 08' 29" WEST AND DEPARTING THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST SOUTHLAKE BOULEVARD (F.M. 1709) AND WITH THE NORTHERNMOST WEST LINE OF SAID LOT 5, FOR A DISTANCE OF 256.86 FEET TO A "PK" NAIL FOUND IN ASPHALT FOR CORNER; THENCE SOUTH 89° 00' 41" WEST AND FOLLOWING ALONG THE WESTERNMOST NORTH LINE OF SAID LOT 5, FOR A DISTANCE OF 136.70 FEET TO A 5/8" IRON ROD SET FOR CORNER, SAME BEING THE WESTERNMOST NORTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 00° 26' 04" WEST AND CONTINUING ALONG THE SOUTHERNMOST WEST LINE OF SAID LOT 5, PASSING AT A DISTANCE OF 57.64 FEET THE SOUTHWEST CORNER OF SAID LOT 5 AND THE NORTHWEST CORNER OF LOT 6 OF SAID W.R. EAVES ADDITION, CONTINUING WITH WEST LINES OF SAID LOT 6, A TRACT OF LAND DESCRIBED BY DEED TO VARSITY PROFESSIONAL PARK LLC AS RECORDED UNDER INSTRUMENT NO. 215021375 DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), A TRACT OF LAND DESCRIBED BY DEED TO CARROLL ISD AS RECORDED UNDER INSTRUMENT NO. 219197788 (D.R.T.C.T.), TWO TRACTS OF LAND DESCRIBED BY DEED TO AL AJLOUNI KHALDOUN AND AL AJLOUNI AJLOUNI RAED AS RECORDED UNDER INSTRUMENT NUMBER D215286662 AND 217129977 (D.R.T.C.T.), AND LOTS 3, 2, AND 1 OF AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-142, PAGE 100 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND CONTINUING ALONG THE WEST LINE OF A TRACT OF LAND DESCRIBED BY DEED TO LARRY WAYNE AKARD & JEANIE DARLENE AKARD RECORDED UNDER INSTRUMENT NO 220315753 (D.R.T.C.T.), A TRACT OF LAND DESCRIBED BY DEED TO CLENTIS L. MAY & WANDA J. MAY, FOR A TOTAL DISTANCE OF 833.64 FEET TO A 1/2 INCH IRON ROD WITH ASC CAP SET FOR CORNER, SAME BEING THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT ALSO BEING IN THE NORTH LINE OF LOT 5 IN BLOCK 2 OF STONEBURY, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED UNDER CABINET A, SLIDE 2917 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 89° 10' 18" WEST AND FOLLOWING ALONG THE NORTH LINE OF SAID BLOCK 2 OF SAID STONEBURY ADDITION AND WITH THE NORTH LINE OF A TRACT OF LAND AS DESCRIBED IN DEED TO MARK L. & SOCOR CHRISTENSEN AND RECORDED IN VOLUME 16062, PAGE 196 (D.R.T.C.T.), A TRACT OF LAND AS DESCRIBED IN DEED TO HYUN DUK TAK & CINDY TAK AND RECORDED IN VOLUME 15963, PAGE 147 (D.R.T.C.T.), A TRACT OF LAND AS DESCRIBED IN DEED TO SHABAZ KHAN AND RECORDED IN INSTRUMENT NO. 207082717 (D.R.T.C.T.), AND PASSING AT A DISTANCE OF 413.80 FEET THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 2 OF STONEBURY ADDITION, AND SAID SHABAZ KHAN TRACT, SAME BEING THE NORTHEAST CORNER OF LOT 8R IN BLOCK 2 OF STONEBURY, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED UNDER CABINET A, SLIDE 3902 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND A TRACT OF LAND AS DESCRIBED IN DEED TO RAED Y. & AUBREY DARWISH AS RECORDED IN VOLUME 13602, PAGE 294 (D.R.T.C.T.), AND CONTINUING WITH THE NORTH LINE OF SAID BLOCK 2 AND THE NORTH LINE OF LOT 9R IN BLOCK 2 OF SAID STONEBURY ADDITION AND A TRACT OF LAND AS DESCRIBED IN DEED TO SOUTHLAKE WOODS HOMEOWNERS AS RECORDED IN VOLUME 14879, PAGE 295 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, FOR A TOTAL DISTANCE OF 565.67 FEET TO A NAIL FOUND IN FENCE CORNER POST FOR CORNER, SAID POINT BEING IN THE EAST LINE OF LOT 4 IN PLAYERS CIRCLE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED UNDER CABINET A, SLIDE 10975 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE NORTH 00° 49' 02" WEST AND FOLLOWING ALONG THE EAST LINE OF LOTS 4, 3, 2, AND 1 OF SAID PLAYERS CIRCLE ADDITION AND THE EAST LINE OF A TRACT OF LAND AS DESCRIBED IN DEED TO BLUE PEACHES LLC AS RECORDED IN INSTRUMENT NO. 221378511 (D.R.T.C.T.), A TRACT OF LAND DESCRIBED IN DEED TO DLP VENTURES, A TRACT OF LAND AS DESCRIBED IN DEED TO PALI PROPERTIES LP AS RECORDED IN INSTRUMENT NO. 221161391 (D.R.T.C.T.), A TRACT OF LAND AS DESCRIBED IN DEED TO BENNET LIU & PSYCHE YU YAN AS RECORDED IN INSTRUMENT NO. 215118132 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, FOR A TOTAL DISTANCE OF 911.74 FEET TO THE POINT OF BEGINNING AND CONTAINING 14.1341 ACRES OF LAND, MORE OR LESS. EXHIBIT "B" Approved Site Plan & Development Standards "S-P-1"Detailed Site Plan District Land Use Regulations for Green Acres Southlake This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C-2 Local Retail"uses and regulations with the following exceptions: Permitted Uses The following uses shall be permitted in addition to what is listed in the C-2 base zoning: • Garden Center • Plant Nursery • Outdoor Sales/Display/Storage in relation to the Plant Nursery/Garden Center Use • Accessory Buildings in relation to the Plant Nursery/Garden Center Use • Cultivation of Plants Development Regulations Parking Required ratios shall be the following: • Retail Sales: 1 space per 250 square feet • Patio Greenhouse: 1 space per 600 square feet • House Plant Greenhouse(HPGH): 1 space per 600 square feet • Shade Pavilion: 1 space per 600 square feet • Shade Structure: 1 space per 600 square feet • Outdoor Sun: 1 space per 600 square feet • Display Garden: 1 space per 600 square feet No additional parking shall be required for the Office, Warehouse, Loading/Backstock, Storage, Cultivation Area and Restroom uses. Building Height Max Building Height allowed is 45 feet or approximately 36 feet as defined by Ord.No. 480, as amended. Impervious Coverage The maximum impervious coverage for the overall development SP-1 boundary site shall be 85%. Gravel beds and cultivation areas do not count as impervious area as water is able to drain through these areas. Landscape Regulations Interior Landscape Area Requirements: The non-air conditioned areas (Shade Pavilion, Shade Structure, Patio Greenhouse, House Plant Greenhouse (HPGH)and Outdoor Sun areas)do not count as floor area as described in Section 3.3 of the Zoning Ordinance for calculation of interior landscape area or planting requirements. Bufferyard Requirements: Existing canopy and accent trees within a 100' of property line can count towards bufferyard requirements. -' • I '-------...,,,_.0.,...„4, MY..-T" '.----1 '...-7'." --c•------_, , Wc____ ___,----A \-....1 _ . ........0. ..0••••• ...-7.-. 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QN..e .:A.«...�. a --..- it, a a �I III 3 'r.,:rNo . ~SITE DATA SUMMARY TABLE g 1'.' 0 GENERAL NOTES C i ► •.-.•.•.:-• •.•.• • ELT.MONS .. .o ... L g: g s 1 ,DCFr,DN,N. a..,.ILL c.° J STONSOLLISALLOITIOT ' �» CITY OF SOUTHLAKE NOTES �g st BLOCS 2 TOT SS OMAR .. N,w :.,rN.w I.•- .--• • • �i CIKAM) 1....,r... D.,= � R `?WG�• . D w�,N Da .N„ .Y LS,YAJIrI.DCW �v Ec1 TO 1 v.,wsw g eDDry ri `� �1 r s .':::..---::;:Tfil:':.F.f'Z'LLiii-:"-;.... !,11!:'11:1:1 :1';ki --A 13 $s s - - -1- n ,,.,,. z a ti -17A'l. -.'.'.'.'.'.'.'./"_ :r.a.r»r wu cuna F.SFCDC. . %. o N.nnm.TO urw.. E_ D ,.,no,e,r.cN.0 I.s 3 f I. . F f /'.a.rN Z I- RSITE PLAN w p "N. ...E CC w 0 1 rxr DW.,C. D D r. W.. o g LEGEND , "`_MI w 12.9959 ACRES A —__— . ^'.,Nr ^—' .r,u c r TRACT BD,EAVES,W.R.SURVEY.ABSTRACT AS00 U G CITY OF SOUTHLAHE,TARRANT COUNTY,TEXAS 8 1. xr..C,M — sMlEA CCM CITY PROJECT ZA23-0005 c; .a . .r �� .Aw .N ... ....,a,ss..APPAAMENI A.A.?.II NEE. DATE .05/2323 o o f- J ,EaN,t,.0 ,NE.N, o� MAMMAE.,W.,.A, D y! a �N...,E, �~" s "�..., K.. „� DATE PREPARED AEo Da 2 OF 2 mwm m MATERIAL CALCULATIONS _RETAIL BUILDING 0E1 1110E :,01 1 O _ _ 14065 I fyM!MM.*ENCLOSED mCCMIM ZINC 29-a, fcuNNa A 0 rt 10000Amirt. IL�F — , Ew FA m or m or of T.P T.O.P. �m m m m - - lb 616 1 is I NR , AU TOP• ~T.O.P. T.O.P. . ...., ., w Ese 1 I SHADE PAVILION I 511ADL STRUCTUREI 1 IN w 26'-0• OVEN AIN OPENNR CEI .wsu+mnaaorum,.w,wnuo umwlmwFw,r w 0 T.O.D. B0F.O'.'-0F.C.•. : A _ • Y ._.._ _.-_- ' • e _ as � YA mImm � mma16-0. Fef v 13-0' 2.1 - RN � RN r R. 4 _ _• _ _- TOTAL 101060 _ 'F 65 q i 00.,c. n oo„F..L R 06V . C I p ou• uvlcuVO A 1 Mr . w F.F. vs fr 161'-V O.r WEST ELEVATION(FRONT) 1 SC aE:vf6••IV m or m m m m m a m w m m m m 42T�.P.� m m m Oµ00011O O DI OPEI SHADE N AIR STRUCTURE F6I�GMTWAREHOUSE -I T.O.P^� RETAILBENCLO DNG I - MM rOTE m 26'-B• TOP. II - ---, TO23'-6•P 9 A .. 16,0 .. ',.- 2 � . 1 o•'i1�i f.F. F.F. 02 EAST ELEVATION(BACK) 25'-0' SC,LLE 1/16'•1'd f6w¢IYEM Warn..* 01 a m 01 01 OS e3 w or m NI 03 05 m a .wmFnrt MC01.0 00 FwPI[0 GOAV I RETAIL BUILDING I HPGE I I PATIO GREENHOUSE I T.O.F.. ENCLOSED OPEN AIP OPENNR 23-6' 0"'6• P 4,15 1'.0.F _ 26'-0' h 000 m m 10'-3' wa. - T.OP V W Mil W:6666�� 13'-0" $ 3 8,-0 __..— _.. - ` B.O.C. ii. E VIIV I,IC:VII(III IIIII II 1111 II III[dIM Ili IN III] i III VIII; o'-0 I ll F.F. FF�. 13O-o" 160'-0-03 NORTH ELEVATION(SIDE) OS 50uMPS„RENCLOSURE SfuE.Vb'•'O I RETAIL BUILDING I --I—SHADE PAVBION� I—WAREH OUSE ENCLOSED OPEN AIR 26'-0• ENCLOSED b..71e T O Pe Y TOP _!. . .� T ,I., A�I _E__ _ T P. T.O.P. -iii.' . Ede { F-- 1111 *'F.F. - F.F. 160- I PATIO UHI I.NI IOUSJ O4 SOUTH ELEVATION(SIDE) OPEN AIR D1 '� ice PRELIMINARY FACADE PLAN II I III 12.9950 ACRES IL I ` Il ly',,,,•; ' TRACT3D,EAVES,W.R.SUREVT,ABSTRACT 500 I r t--- -. CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS CITY PROJECT 7A23-0055 • 111 ; f _ I' ARCHOECT OBRIEN A000 ECM cNa,bxE FwecouC 101.15110102 1 I. •� .v pNiE FOF ER St-12030 e0030 70 WAS 76034 Y.N6fE 210 ... O006 tE1.A ..' 160 003W.16011010 CONIIGI LORELEILEW31 :+ CONTACT OLSOM 2109F1 0 CCNIACT GROLYMI(O.V.E _I a .• I P'��'°° AXONE 016-6/0190 HONE 1„131f GREEN ACRES SITE PLAN BLDG. ELEVATIONS O4.10.2023 r"a p d=1 A man ` ... OF • - 0i r\ fl = l �I 1 lllllmm In,,�,M � 1 e• — s 11MIIIIII■�� . 1" ■•, T ' ' l ■ I K j - _i r.= 01 PERSPECTIVE 02 SOUTHIAKERLVD.ENTRANCE PERSPECTIVE El 1 In ;Ili .i.111111111..IONIIIIII ik . , — ''' s1" +'gip !p Ih 'P° Fa — —- Ill, I -1'1: -. III II111I.L � r�z __ 0/ PERSPECTIVE Ow WAREHOUSE PERSPECTIVE , 11 I PRELIMINARY FACADE PLAN I 12.9950 ACRES TRACT 3D,EAVES,W.R.SUREVT,ABSTRACT 500 -- CITY OF SOUTNLAKE,TARRANT COUNTY,TEXAS CITY PROJECT 7A23-0055 ARCHTECT OWNEIL DEVELOPERLOT T. waue.HT..ENGINELP xuEV-HORN u S I RNONS,e72))1116101E vti,Rrt wwnE rissnszso -�vo .v a�'o GREEN ACRES -- ;1 SITE PLAN A PERSPECTIVES i 04.10.2023 CJB R I:N Beaufort Gazette The Herald-Rack Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Democrat Herald Sun-Durham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune CCLATCHY Centre Daily Times Kansas City Star Sacramento Bee Tri-City Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 36037 411628 Print Legal Ad-IP101193850-IPL0119385 22300067 $89.60 1 591. Attention: Selena Serrano THE STATE OF TEXAS CITY OF SOUTHLAKE COUNTY OF TARRANT 1400 MAIN ST Before me,a Notary Public in and for said County accountspayable@ci.southlake.tx.us and State,this day personally appeared Stefani Beard,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who, - of Soul/Wake after being duly sworn,did depose and say that 799 AN -. AMENDING ORDI- the attached clipping of an advertisement was NANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDI- published in the above named paper on the listed NANCE OF THE CITY OF SOUTH- dates: LAKE,TEXAS;GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LE- 1 insertion(s)published on: GALLY DESCRIBED AS ALL OF AS TRACT 3D, W.R. EAVES SUREVY 04/21/23 ABSTRACT NO. 500, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 12.99 ACRES,AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT"A"FROM"C-2" LOCAL RETAIL DISTRICT TO"S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED HEREIN AS EXHIBIT "B",SUBJECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERV- ING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE1tHMIN- ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE �r DEMAND THE ZONING CHANGES (��Cc.�iT/ AND AMENDMENTS HEREIN MADE; `�✓viv PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATNE OF ALL OR- DINANCES; PROVIDING A SEVER- ABILITY CLAUSE;PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; Sworn to and subscribed before me this 21th day of PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE April in the year of 2023 OFFICIAL NEWSPAPER;AND PROVID- ING AN EFFECTIVE DATE. 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 provi- sions of this ordinance shall be fined not more than Two Thousand Dollars ($2,that a for each offense. Each H i e - day that a violation is permitted to ex- �C�f ist shall constitute a separate offense. PASSED AND APPROVED on the 2nd reading ON THE 18TH DAY OF APRIL Notary Public in and for the state of Texas,residing in 2023. Dallas County MAYOR:JOHN HUFFMAN ATTEST: AMY SHELLEY, CITY SEC- - -- - of 9385 ; STEPHANIEHATGH R Apr 21 2023 = My Bator,'l0#133.534406 *'►k.;.t Wires January 14,2026 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!