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480-791aCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-791a 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 LOT 1 R, BREWER INDUSTRIAL ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.4 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN 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 "S-P-1" Detailed Site Plan 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 described as Lot 1 R, Brewer Industrial Addition, City of Southlake, Tarrant County, Texas attached hereto and incorporated herein as Exhibit "A", and subject to the following conditions: City Council meeting 2"d Reading: January 3, 2023; Approved (5-0), to include a variance to the Masonry Ordinance No. 557, as amended, on property described as Lot 1 R, Brewer Industrial District, City of Southlake, Tarrant County, Texas and located at 1800 E. State Highway 114, subject to Staff Report dated December 27, 2022 and Site Plan Review Summary No. 2, dated November 11, 2022, as presented. Case No.: ZA22-0058 SITE PLAN REVIEW SUMMARY Review No.: One Proiect Name: Zoninq Chanqe and Site Plan —1800 E. SH 114 APPLICANT: OWT Architects Richard Williams 509 Pecan St., Ste. 100 Ft. Worth, TX 760102 Phone: 817-993-9844 Email: rwilliams@owtarchitects.com Date of Review: 11/11/22 OWNER: Mach Interest LLC Phillip Maxwell 5582 Bent Tree Dr. Shreveport, LA 71115 Phone: 214-637-4300 Email: pmaxwell@glaciercommercial.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/10//2022 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 Reagan Rothenberger Principal Planner Phone: (817) 748-8602 Email: rothenberger(cD-ci.southlake.tx.us 1. No Comments Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartinta7.ci.southlake.tx.us No comments. Indicates informational comment. Public Works/Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy(a)-ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(cbci.south lake.tx.us GENERAL COMMENTS: A change in occupancy classification could require the building to be retrofitted with an automatic fire suppression system. General Informational Comments All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). There is no change to the existing driveways that are non -conforming. The proposed zoning change will not increase the trips by 20% and would not increase the non- conformity. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. All new lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill -over. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Approved development regulations and Site Plan are found herein within Exhibit "B". 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 101,day of Occuf'4 e , 2022. o`` . • T -is `yam MA OR `�'• z4TTEST: eu..; =o� 00 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the '-!-%-A day of LAW. 2023. M Y R ATTEST: CITY SECNVARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 011 D 3 / ADOPTED: EFFECTIVE: Exhibit "A" Legal Description Lot 1 R, Brewer Industrial Addition, City of Southlake, Tarrant County, Texas Exhibit "B" Development Regulations & Site Plan Mach 1800 1800 E. State Highway 114 South Fagade Improvements 10.17.2022 The property at the address referenced above is currently improved with a one-story building, paved parking and other site improvements. The property is currently zoned SP1 and will remain as such. However, we are requesting approval of some proposed improvements to the south facing fagade. These improvements consist of a free-standing fagade wall intended to conceal a good portion of the existing metal building behind while defining the building entrance and improving the overall aesthetic. The south fagade consists mostly of existing masonry. The new wall will be primarily clad with 7/8" conventional stucco. Mach 1800 1800 East State Highway 114 Zoning Change Summary B1 Zoning (Current) SP1 Zoning (Proposed) Permitted Uses • Any use permitted in 0-1 Same as B1 zoning but modified to allow • Administrative, executive and editorial Commercial Kitchen and Catering as an offices for industrial organizations approved use. • Apparel and military manufacturing • Banks • Barber and beauty shops • Book and stationery stores • Computer manufacture and research • Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex. • Dry goods and apparel storage and distribution. • Electronic manufacture, research and assembly. • Funeral homes. • Lithograph, engraving, printing and publishing • Manufacture of medical and dental equipment • Manufacture of musical instruments • Medical clinics. • Nursery yards or buildings for retail sales and landscaping companies. • Optical instrument and lenses manufacturing. • Private schools and public schools. • Professional and business schools. • Retail activity of a service nature designed to provide direct service to support to the businesses and employees who occupy the remainder of the office complex. • Scientific and professional instrument manufacturing. • Security guard quarters. • Small parts manufacturing and assembly. • Studios for training in fine arts. Building Height 2.5 stories nor 35' maximum NO CHANGE (existing building is more than 100' from residential zoning) Front Yard 50' minimum NO CHANGE Side Yard 15' minimum. NO CHANGE. Rear Yard 10' minimum NO CHANGE Exterior Lighting Change to allow Existing exterior lighting to remain. Outdoor Storage of trash NO CHANGE receptacles All roof mounted Required Change to allow rooftop equipment to equipment shall be remain unscreened. Adding screening screened to existing roof structure is not structurally feasible. Impervious coverage 70% Maximum Change to allow 85% maximum impervious coverage. The existing building and pavement are currently 82.1% Exterior Materials 80% required masonry Change to allow metal panel. Metal panel is a predominant material on the exterior facades. Variance requested. 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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 ($2,000.00) for each offense. Each day that a violationt is permitted ex- ist shall constitute a separate offense. PASSED AND APPROVED on the 2nd reading ON THE 3RD DAY OF JANU- ARY 2023. Notary Public in and for the state of Texas.residing in MAYOR:JOHN HUFFMAN Dallas County ATTEST: AMY SHELLEY, CITY SEC- RETARY - _. _ 2 Jan 6 20233 STEPHAN€EHATCHER an 6 2 ,=F.-' *= • t'E My hfotar,ID#13353440$ St Expires January 14,2026 Extra charge for lost or duplicate affidavits Legal document please do not destroy!