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Item 7C - Staff ReportCITY 4F SOUTHLAKE Department of Planning & Development Services STAFF REPORT April 30, 2024 CASE NO: ZA24-0010 PROJECT: Zoning Change and Site Plan for the Southlake Municipal Service Center & Public Safety Training Tower EXECUTIVE SUMMARY: RPGA Design Group, Inc., on behalf of the City of Southlake, are requesting approval of a Zoning Change and Site Plan for the Southlake Municipal Service Center and Public Safety Training Tower, on property described as Tracts 2E, 2E07, and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, and Tract 1A1, Harrison Decker Survey Abstract 4838, City of Southlake, Tarrant County, Texas, and located at 1630-1638 Brumlow Ave. Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN District #8. DETAILS: This project is approximately 12.5 acres of land generally located along Brumlow Ave. between Continental Ave. and State Highway 26. The purpose of this request is to approve a Zoning Change and a Site Plan for the Southlake Municipal Service Center, which will support City of Southlake Public Works Operations. The site will also include a Training Tower for the Department of Public Safety's use. The property is proposed to be zoned using the "S-P-2" Generalized Site Plan District, which will allow flexibility for any future changes needed for the site. The site will have multiple buildings to support Southlake Public Works Operations. The primary building will be the Administrative Building, which will encompass approximately 21,000 square feet and will be located at the western portion of the site along Brumlow Ave. The eastern and southern portion of the site will include a 50' Training Tower, an approximately 17,000 square foot Service Center Building, and other vehicle and material storage facilities. The site will also include work yards with work areas to support Public Works Operations uses. The development is proposed to have one primary access point via Brumlow Ave. A future connection will occur to the south with the planned construction of Southwestern St. Until the completion of Southwestern, this point of entry will act only as emergency access using emergency access easements on the adjoining Nustar site. An 8' wrought iron fence with privacy slats will surround a majority of the site. A robust landscape plan has been provided, and significant trees will be preserved at the east portion of the property adjacent to the existing drainage area. Case No. ZA24-0007 Specific Development Standards for the entire site are provided herein: ACTION NEEDED SITE DATA SUMMARY CHART EXISTING PROPOSED EXISTING20NING AG 5P-2 LAND USE DESIGNATION 12.938 INDUSTRIAL 12,2122 G ROSSIN ET ACREAGE NUMBER OF PROPOSED LOTS 1 1 PERCENTAGE OF SITE COVERAGE 7.4% AREA OF OPEN SPACE 263855 PERCENTAGE OF OPEN SPACE 43.7% AREAS OF IMPERVIOUS COVERAGE 299714 PERCENTAGE OF IMPERVIOUS COVERAGE 56.3% BUILDING AREA (FOOTPRINT IN SF) ADMIN, BLDG, 18,124 SERVICE BAY BLDG. 14,392 PUBLIC SAFETY TRAINING TOWER 6,684 TOTAL 39,200 NUMBEROFSTORIES ADMIN. BLDG 2 SERVICE BAY BLDG. 1 PUBLIC SAFETY TRAINING TOWER 4 MAXIMUM BUILDING HEIGHT ADMIN. BLDG. 48'-0" SERVICE BAY BLDG. 25'-2" PUBLIC SAFETY TRAIININGTOWER 39141 BUILDING FLOOR AREA (GROSS) ADMIN. BLDG. 21,265 SERVICE BAY BLDG. 16,976 PUBLIC SAFETY TRAINING TOWER 7,308 TOTAL 45,549 REQUIRED PARKING N/A 119 PROVIDED PARKING N/A 122 STANDARD N/A 115 HANDICAP N/A 7 TOTAL N/A 122 AREA OF OUTSIDE STORAG € ISF} 1 0 81981 PERCENTAGE OF OUTSIDE STORAGE 1 0% 1,7$� 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated April 12, 2024 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-815 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Link to Plans STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. ZA24-0007 BACKGROUND INFORMATION OWNER: City of Southlake APPLICANT: RPGA Design Group, Inc. PROPERTY SITUATION: 1630 Brumlow Ave., Southlake, Texas. PROPERTY DESCRIPTION: Tracts 2E, 2E07, and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, and Tract 1 Al, Harrison Decker Survey Abstract 4838, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use; Industrial CURRENT ZONING: "AG" Agricultural District PROPOSED ZONING: "S-P-2" Generalized Site Plan District, with 1-1" Light Industrial District uses, and other specific uses outlined in the Development Regulations. HISTORY: The western portion of the property located on Brumlow Avenue was annexed and zoned "AG" per Ordinance No. 89 in 1957. The eastern and southern portion of the property was annexed and zoned "AG" per Ordinance No. 373 in 1987. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is "Mixed Use" and "Industrial". The purpose of the Mixed Use to provide an option for large scale, master -planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher -intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. The Industrial category is intended for Industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be characterized by the manufacturing, processing, Case No. Attachment C ZA24-0007 Page 1 TRANSPORTATION ASSESSMENT: TREE PRESERVATION PARK DEDICATION UTILITIES: packaging, assembly, storage, warehousing and/or distribution of products. Ancillary commercial and retail activities associated with these uses are permitted. Public Parks / Open Space and Public / Semi -Public activities as described above may be permitted if surrounding industrial uses do not pose hazards and are sufficiently buffered. Mobility & Master Thoroughfare Plan The property is bound by Brumlow Ave. to the west. Brumlow Ave. is proposed to be a 4-lane divided arterial at build out. It is currently a 2-lane undivided roadway at the location in which the proposed development intersects. The Site Plan accounts for a future access point along Southwestern Street at the southern portion of the property. Per the Master Thoroughfare Plan, Southwestern Street is proposed to extend from the east to connect to Brumlow Ave. At build out, this will be a 2-lane undivided collector. Pathways Master Plan & Sidewalk Plan The Pathways Plan shows a less than 8' sidewalk along the east side of Brumlow Ave. The applicant is proposing a 5' sidewalk along Brumlow Ave. Area Road Network and Conditions The proposed Service Center will have one primary access onto Brumlow Ave. A limited access gate is proposed along Southwestern Street at build - out. Traffic Counts " Based on the (2017-2018) City of Southlake Traffic Count Report Traffic Impact A Traffic Study was provided by the applicant. The Site is predicted to generate approximately 683 trips on a daily basis, including approximately 115 trips during the AM peak hour and approximately 97 trips during the PM peak hour. There is 25% of existing tree cover on the site and a minimum of 60% is required to be preserved. A maximum of 28% is proposed to be removed, and a minimum of 72% is proposed to be preserved. No park dedication is noted. There is an existing 8" water line on Brumlow Avenue. There is an existing 12" gravity main on the eastern boundary of the development. Case No. ZA24-0007 Attachment C Page 2 DRAINAGE: Drainage on the property is to be captured with onsite detention. CITIZEN INPUT: The following meeting was held to discuss the development: A SPIN meeting was held for this project on December 12, 2023. PLANNING AND ZONING COMMISSION ACTION: April 18, 2024: APPROVED (6-0), subject to Staff Report dated April 12, 2024 and Site Plan Review Summary No. 2, dated April 12, 2024. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated April 12, 2024. Case No. Attachment C ZA24-0007 Page 3 Vicinity flap ZA24-0010 1630-1638 Brumlow Ave and 1719 E Continental Blvd N Legend City Parcels E Right Of Way City Limit - Case Parcel(s) 240 Foot Buffer 150 300 600 Feet — 300 Foot Buffer Parcels Within Buffer Case No. ZA24-0007 Attachment C Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA24-0010 Review No.: Two Date of Review: 04/12/24 Project Name: Zoning Change & Site Plan — Southlake Municipal Service Center APPLICANT: RPGA Design Group, Inc. — Javier Lucio 101 S. Jennings Ave. STE 100 Fort Worth, Texas 76104 Phone: 817.332.9477 Email: jlucio@rpgaarchitects.com OWNER: City of Southlake — Mamerto Estapa 1400 Main St. STE 320 Southlake, Texas 76092 Phone: 817.748.8216 Email: mestepa@ci.southlake.tx.us CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/1/24 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 PLANNING MANAGER REAGAN ROTHENBERGER AT (817) 748-8602. No further comments. The following are informational comments: * A revised set of Development Regulations are attached to these comments for the project. * A Preliminary Plat and Final Plat will be required to be approved and filed for the site. Case No. Attachment C ZA24-0007 Page 5 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 1. Provide the tree numbers for the trees on the Tree Conservation Plan that coordinates with the Tree Conservation Identification Chart, Sheet TC-2. * The proposed tree conservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 25% of existing tree cover on the site and a minimum of 60% is required to be preserved. A maximum of 28% is proposed to be removed, and a minimum of 72% is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% — 20% 70% 20.1 — 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1 % - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; Case No. Attachment C ZA24-0007 Page 6 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 provide additional accent/understory trees other than all Chitalpa. 2. If I remember correctly during our Teams meeting, we discussed placing Cedar Elms in the rear parking islands. And the Chinese Pistache in the area behind the building. Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA24-0007 Page 7 Public Works/Engineering Review GENERAL COMMENTS: Retaining walls greater than 4' in height, measured from top of wall to bottom of footing, shall require a separate Building permit. GRADING AND DRAINAGE: 1. Provide a Drainage Area Plan sheet for both Existing and Proposed conditions and ensure that the associated flow calculations are also provided. Per the Storm Drainage Policy, detention ponds shall be designed to contain the 100-year storm plus one foot of free board. A floodplain development permit will be required to be applied for and approved prior to any work within the floodplain. A LOMR will be required to be approved by FEMA prior to receiving final acceptance and filing the final plat. Check the grading at the ADA parking stalls. There shall not be a slope greater than 1:48 in all directions, but there is a 2% slope shown along the length and width of the parking stalls creating a cross slope greater than 1:48. UTILITY 1. Show and label the FDC(s). Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA24-0007 Page 8 Fire Department Review GENERAL COMMENTS: 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. (Label riser room location and provide dimensions for the room; Not indicated on the plans) The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC not indicated on the plans) FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Indicate all turn radii on the plans) Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) Buildings exceeding 30 feet in height shall not have fewer than two means of fire apparatus access. All security/access control gates shall be provided with a manual means of operating the gate and an automatic means of operation. The automatic means of operation shall be accomplished with an Opticom receiver or a KS-2 switch. FIRE HYDRANT COMMENTS: Fire hydrants are required at a maximum spacing of 300 feet for commercial locations that have both un-sprinklered and sprinklered buildings. Lorenzo Chavez Fire Inspector Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA24-0007 Page 9 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 . The applicant should be aware that a formal submittal for the next scheduled Planning and Zoning Commission meeting must be received at the City by 5:00 p.m. on April 1, 2024. A pdf of each plan must be submitted. If not received before the deadline, the item will be moved to a later P&Z agenda. 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. Building permit(s) are required prior to commencement of any work. 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. Case No. Attachment C ZA24-0007 Page 10 SURROUNDING PROPERTY OWNERS MAP & RESPONSES n SPO # Owner Zoning Physical Address Acreage Response 1 WRIGHT BRUMLOW EAST RE LLC AG 1719 E CONTINENTAL BLVD 2.407801921 NR 2 WRIGHT MUSTANG BUSINESS PARK L 11 1800 SH 26 4.37114794 NR 3 WRIGHT BRUMLOW EAST RE LLC AG 1535 BRUMLOW AVE 0.65723749 NR 4 WRIGHT BRUMLOW WEST RE LLC AG 1540 BRUMLOW AVE 0.306103247 NR 5 WRIGHT BRUMLOW EAST RE LLC AG 1537 BRUMLOW AVE 2.302971419 NR 6 WRIGHT BRUMLOW WEST RE LLC AG 1640 BRUMLOW AVE 0.537441388 NR 7 WRIGHT BRUMLOW WEST RE LLC AG 1650 BRUMLOW AVE 0.094685043 NR 8 WRIGHT BRUMLOW WEST RE LLC AG 1660 BRUMLOW AVE 0.271853516 NR 9 WRIGHT BRUMLOW WEST RE LLC AG 1670 BRUMLOW AVE 0.225271159 NR 10 CX3 PROPERTIES LLC 11 1625 BRUMLOW AVE 2.098307792 NR 11 WRIGHT BRUMLOW WEST RE LLC AG 1700 BRUMLOW AVE 0.625763089 NR 12 BRUMLOW PROPERTIES LLC 11 1635 BRUMLOW AVE 2.33271763 NR 13 NUSTAR LOGISTICS LP 12 1700 MUSTANG DR 3.818284147 NR 14 WRIGHT BRUMLOW WEST RE LLC AG 1428 BRUMLOW AVE 3.485710522 NR 15 VIBRA-WHIRL & CO INC 11 1675 BRUMLOW AVE 1.403330832 NR 1000 SOUTHLAKE, CITY OF AG 1638 BRUMLOW AVE 1.238398783 U 1001 SOUTHLAKE, CITY OF AG 1630 BRUMLOW AVE 1.794939661 U 1002 SOUTH LAKE, CITY OF AG 1719 E CONTINENTAL BLVD 9.459220195 U Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Fifteen (15) NR: No Response Case No. ZA24-0007 Attachment D Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-815 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 A PORTION OF TRACT 1A, HARRISON DECKER SURVEY ABSTRACT 438, AND TRACTS 2E04, 2E06 AND A PORTION OF TRACT 2E07A, JOHN N. GIBSON SURVEY ABSTRACT 591, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1719 E. CONTINENTAL BLVD. AND 1451 — 1537 BRUMLOW AVE., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment E ZA24-0007 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 whetherthese changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment E ZA24-0007 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 portions of Tract 1A, Harrison Decker Survey Abstract 438, and Tracts 2E04, 2E06 and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, City of Southlake, Tarrant County, Texas and located at 1719 E. Continental Blvd. and 1451 — 1537 Brumlow Ave and more fully and completely Case No. Attachment E ZA24-0007 Page 3 described in Exhibit "A" from "AG" Agriculture District to "TZD" Transitional Zoning District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: 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 E ZA24-0007 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 E ZA24-0007 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 , 2024. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2024. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA24-0007 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA24-0007 Page 7 Being described as a portion of Tract 1A, Harrison Decker Survey Abstract 438, and Tracts 2E04, 2E06 and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, City of Southlake, Tarrant County, Texas and located at 1719 E. Continental Blvd. and 1451 — 1537 Brumlow Ave Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA24-0007 Page 8 I0,711:11-.11 M 1.1 Reserved for approved Development Plan Case No. Attachment E ZA24-0007 Page 9