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Item 7A13 CITY OF S0UTHLA1<.,,E Department of Planning & Development Services STAFF REPORT October 14, 2014 CASE NO: ZA14-110 PROJECT: Zoning Change and Site Plan for Lots 1-7, Block 1, Morrison Office Park EXECUTIVE SUMMARY: On behalf of Sam 114 Two, LLC, M.J. Wright & Associates, Inc. is requesting approval of a zoning change and site plan for Ancor Capital Partners on property described Lots 1-7, Block 1, Morrison Office Park, City of Southlake, Tarrant County, Texas and located at 2720 E. State Highway 114 & 300-330 Morrison Park Dr., Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood # 4. DETAILS: The applicant is requesting approval of a zoning change and site plan from "S- P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District that proposes modifications to the regulations specific to Lot 1. The current "S-P-2" zoning for the 7-lot subdivision allows "0-1" Office District uses to include limited "C-3" General Commercial District uses for Lot 7 only. The zoning change proposes to modify the previously approved zoning and site plan for Lot 1 to allow: • an increase in building floor area from approximately 5,800 square feet to approximately 6,313 square feet; • relocate the carport from the east side of the building to the west side of the building; • increase the number of covered spaces from six (6) to eight (8); • add one additional parking space to the site; • add a stone wainscot to the building facades; • and change the carport columns from stucco to stone. The uses and regulations in place for Lots 2-7 under Ordinance 480-491a are not part of this request and are to remain as currently approved. The proposed uses and regulations are included in Attachment `C' of this report. The cul-de-sac street, driveways, parking areas and City utilities are existing and in conformance with the originally approved plans. Variances: The following variances were previously approved in 2006 under city case ZA06-031: 1. The 7-lot subdivision site currently has one (1) shared access drive for direct access to Lot 1; a cul-de-sac street for direct access to Lots 2-7; and, all of the previously approved parking constructed. The proposed Case No. ZA14-110 site plan does not alter the existing access drive. Driveway Ordinance 634, as amended, requires a stacking depth of 75 feet at this location. The site plan proposed shows a stacking depth for the westernmost driveway of approximately 13.3 feet and the interior stacking depths for the easternmost public street at approximately 12.5 feet. 2. Subdivision Ordinance 483, as amended, requires a street width of sixty (60) feet. The site plan shows an existing public street width of approximately forty (40) feet. 3. Landscape Ordinance 544, as amended, requires interior landscaping to be determined by the amount of square footage of each building on a particular lot. The applicant requested that the interior landscape requirements to be equally distributed throughout the development. On October 9, 2014, the Planning & Zoning Commission recommended approval subject to the staff report and review summary; noting the previously approved variances and the applicant's willingness to work with staff with respect to the previously approved specific use permit (SUP) for the carport and the requirements that were made with that approval: • May 1, 2007, a specific use permit was approved for carports (6 spaces) on Lot 1, Morrison Office Park; subject to the applicant's agreement to fill in the portion of the parking structure arch that faces State Highway 114 with a feature that is architecturally compatible with the main building. (ZA06-178) The applicant has submitted a revised elevation for the carport (Attachment `C' page 2) to include a stone base and arch design to match the building. ACTION NEEDED: Consider 1st reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 3, dated October 13, 2014 (E) Surrounding Property Owners Map & Responses (F) Ordinance No. 480-491 b STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA14-110 BACKGROUND INFORMATION OWNER: Sam 114 Two, LLC APPLICANT: M.J. Wright & Associates, Inc. PROPERTY SITUATION: 2720 E. SH114. LEGAL DESCRIPTION: Lots 1-7, Block 1, Morrison Office Park LAND USE CATEGORY: Office Commercial CURRENT ZONING: S-P-2 — Generalized Site Plan District REQUESTED ZONING: S-P-2 — Generalized Site Plan District HISTORY: The following includes history for all seven (7) lots: • August 1, 2006, a zoning change and concept plan was approved from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with "0-1" Office District uses to include limited "C-3" General Commercial District uses (for Lot 7) for the development of approximately 43,380 square feet for general office uses with approximately 10,000 square feet of that square footage potentially used as a product showroom for retail sales. (ZA06-031 /480-491) • August 1, 2006, a site plan was approved for the development of a law office building of approximately 5,600 square feet on Lot 1. (ZA06-032) • October 17, 2006, a preliminary plat was approved for Morrison Office Park. (ZA06-134) • October 19, 2006, a final plat was approved for Morrison Office Park. (ZA06-154) • January 2, 2007, a site plan was approved for Lots 2-7, Morrison Office Park. (ZA06-166) • May 1, 2007, a revised site plan was approved for Lot 1, Morrison Office Park. (ZA06-179) • May 1, 2007, a specific use permit was approved for carports (6 spaces) on Lot 1, Morrison Office Park; subject to the applicant's agreement to fill in the portion of the parking structure arch that faces State Highway 114 with a feature that is architecturally compatible with the main building. (ZA06-178) • November 18, 2008, a zoning change and site plan was approved to modify the existing "S-P-2" Generalized Site Plan District zoning to change the front yard setback for proposed Lot 7 and to change the maximum permitted impervious coverage for the development. Both changes were necessitated by the Texas Department of Transportation requiring a right turn deceleration lane and additional right-of-way dedication on SH 114 at the entrance of Morrison Park Drive. (ZA08-093) CITIZEN INPUT: A SPIN meeting has been scheduled for October 14, 2014. Case No. Attachment A ZA14-110 Page 1 SOUTHLAKE 2030 TREE PRESERVATION: UTILITIES: TRANSPORTATION ASSESSMENT: Case No. ZA14-110 Pathways Master Plan There is an existing eight (8) foot wide sidewalk along the SH114 frontage road. The proposed tree conservation complies with the previous development approved tree conservation plan which shows that no trees are to be removed from Lot 1. Water An 8-inch water line exists along the north side of the E. State Highway 114 frontage road. Sewer An 8-inch sanitary sewer line exists at the northwest corner of the proposed office development. Master Thoroughfare Plan The Master Thoroughfare Plan recommends State Highway 114 to have between 300 and 500 feet of right-of-way. Adequate right-of-way exists for this roadway. Existing Area Road Network and Conditions The Morrison Office Park development currently has an existing driveway on E. State Highway 114 frontage road that is shared with the Next Century Dental office to the west. The development also has constructed a street that intersects with the E. State Highway 114 frontage road. The applicant was previously granted approval of a variance for the street to have a right-of-way width of 40 feet with 10-foot utility easements on either side in lieu of the standard right-of-way width of 60 feet for commercial streets. E. State Highway 114 is currently a 6-lane, restricted access thoroughfare with 3-lane frontage roads on either side. 24hr I West Bound (12,136) AM Peak AM (889)11:45 AM-12:45 PM PM I Peak PM (1,010) 5:30 — 6:30 PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Office Park (750) 143,893 I 501 I 68 I 8 I 9 I 57 * Vehicle Trips Per Day * AIM --In, AIM --Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition Attachment A Page 2 P&Z ACTION: October 9, 2014; Approved (7-0) subject to the following: • Site plan review summary # 2, dated October 2, 2014; • Staff report dated October 3, 2014; • Noting for the purposes of the motion that the applicant has three (3) variances that were previously approved and those variances shall remain approved as they were in 2006; • And, noting the applicant's willingness to work with staff with respect to any additional requirements or representations that were made with respect to this application and the previously approved specific use permit (for the carport) and the requirements that were made when it was issued back in 2006/2007 timeframe. STAFF COMMENTS: The Staff Review Summary is included as Attachment D'. This site is subject to all previous conditions of approval unless otherwise specifically approved by the City Council. N:ICommunity DevelopmentlMEMO12014 Cases1110 - ZSP - Ancor CapitallCC 1st reading packetlltem 7A.docx Case No. Attachment A ZA14-110 Page 3 Vicinity Map Ancor Capital Partners 330 ry Z 2600 268 0 Q C J� 2601 2 � mar Z 28,21 W J Z o M .4� ZA14-110 Zoning Change & Site Plan 0 ;0r; P111 Case No. ZA14-110 Attachment B Page 1 Proposed Site Plan - Lot 1 aiavwrr ram roxx �' caxa. �P raNaauwlTr av 1wMad VMPGIG w1 YJN �i tlal +���+ �lioI sa �m 6 Case No. Attachment C ZA14-110 Page 1 Elevations Revised elevations for north and south showing carport modifications i rmrr rill rrn rill ■mr .rr — ■■■■ ■■■■ rMEN mono ...■......� ...■�s■.■ so■■somen.'� ■■■■ ■■■■ ..■■ ■m■■■ ■■■■■■■I■■��s � ■s■■ Shown at P&Z 1 Case No. ZA14-110 Attachment C Page 2 �T,�i3[�l•FiC Case No. Attachment C ZA14-110 Page 3 Project Narrative M. J. WRIGHT & ASSOCIATES, DATE: October 2, 2014 ATTN: City of Southlake 8233 MID -CITIES BOULEVARD, SUITE NORTH RICHLAND HILLS TX 76182 0: 817,268.5555 FAX: 817.268.5558 MJWQMJWRIGHTCOM WWW.MJWRIGHT.C9M RE: SITE PLAN SUBMITTAL ANCOR CAPITAL — 6,313 S.F. PROFESSIONAL OFFICE BUILDING MORRISON OFFICE PARK LOT 1 BLOCK 1 SOUTHLAKE TX Attached please find the Site Plan Submittal for the above said property. We are requesting approval for a 6,313 s.f. Commercial Office Building for Ancor Capital on Lot 1, Block 7, Morrison Office Park, in Southlake. We are also requesting approval for a detached Eight (8) Car Carport to be located West and directly adjacent to the proposed Office Building. We request this Zoning Change to request the following Revisions to the previously approved PD: 1. Relocate previously approved Carport (increased by (Two) 2 Carport Spaces) 2. Relocate the Carport from the previously approved location on the East side of the property to the West side of the property. Also, add One (1) additional Parking Space to the Lot. 3. Increase the previously approved Building Area from 5,800 s.f. to 6,313 s.f. in area, along with revised Elevations per the PD. 4. The Total Development impervious coverage area is 550 s.f. less than previously approved. Awaiting your approval. Sincerely, W�4 Michael J. Wright, Architect M. J. Wright & Associates, Inc. Case No. Attachment C ZA14-110 Page 4 Proposed S-P-2 Zoning Regulations "S-P-2" Generalized Site Plan District for Lots 1-7, Block 1, Morrison Office Park Permitted Uses: This property shall be limited to the permitted uses as found in the "O-1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance NO. 480, as amended, with the following "C-3" use also being permitted for Lot 7: The building use in Lot 7 will be limited to approximately 10,000 sf of product showroom for retail sales. Product storage will be minimal with warehousing at offsite facilities for direct shipment of sales. Permitted C-3 uses relative to this application consist of: ##11. Hardware, paint, wallpaper stores and other home improvement items and activities. ##15. Household and office furniture, furnishings and appliances. ##23. Plumbing and heating appliances, repair, and installation services. All storage of materials must be indoors within this zoning district. Development Regulations: This property shall be subject to the development regulations for the "O-1" Office District, and all other applicable regulations with the following exceptions: • Along the proposed street, the front building setbacks shall be 10-feet. • The building setback for Lot 7 along SH 114 shall be 35-foot. • Bufferyards along the interior lot lines shall not be required. • The west portion of the Lot 1 Front Bufferyard may be encroached by the common access drive to the extent that the required total of the buffer area is maintained. • The maximum impervious coverage shall not exceed 55-percent of the total lot area for impervious coverage of 85-percent. • Parking agreements will be in place prior to permitting to satisfy the combined parking requirements of the development. • Shared trash dumpster agreements will be in place prior to permitting to satisfy the combined needs of the development. • The permitted C-3 use on Lot 7 shall calculate the required parking as an Office facility of 1 parking space per 300 square foot of floor space. • The architectural style of each building within the development shall respect the elevations provided and conveyed with the Conceptual Site Plan. • The north boundary of the development shall maintain a 6-foot iron fence in lieu of the required 8- foot wood fence. • The east boundary of the development shall maintain an 8-foot wood fence along the common boundary to the residential lots of Austin Oaks (City of Grapevine). Case No. Attachment C ZA14-110 Page 5 Corridor and Residential Overlay: The Lot 2 trash receptacle is proposed within the front yard of SH 114. The merit of this location is due to the difference in grade to the right-of-way line and the large distance to the frontage road. Minimal landscape material will be necessary to completely screen the trash receptacle from SH 114. Combined with the remaining two trash receptacles, the shared use of each receptacle is equally distributed within the development. + Lot 1 will be allowed covered parking that meets the requirements of Section 45.11 with exception to parking space being 9'xl8' if the structure has no walls. Morrison Office Park Requested Development Variances Subdivision Ordinance: • Lot frontage will be accomplished with the dedication of a 36' f/f public road within a 40' right-of-way. A 10-foot utility easement will border the perimeter of the dedicated right-of-way. No public utilities are proposed to follow the alignment of the road. Driveway Ordinance: • The required parking of the development dictates a driveway stacking depth of75' to the SH 114 right-of-way. The primary entrance of the development as a dedicated public street will comply with the requirement. The secondary entrance is constructed to the west of the development. Although the proposed stacking depth to the frontage road is 75-feet, the requested stacking depth to the SH 114 right-of-way minimum of 13 feet. The dedicated public street serves this development only. Therefore the interior stacking depths to this public street are requested to be a minimum of 12.5-feet. Landscape Ordinance: • As may be necessary, interior landscape requirements are requested to be equally distributed throughout the development. Case No. Attachment C ZA14-110 Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA14-110 Project Name: Site Plan — Anchor Capital Review No.: Three APPLICANT: M.J. Wright and Associates, Inc. Michael J. Wright 8233 Mid Cities Blvd. "A" N. Richland Hills, TX 76182 Phone: 817-268-5555 Email: mjw@mjwright.com Date of Review: 10/13/14 OWN ER: SAM 114 Two LLC Scott Sandlin 5137 Davis Blvd. Fort Worth, TX 76180 Phone: 817-281-3509 Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/14 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 C NTACT THE APPROPRIATF STAEMBER. Planning Review Lorrie Fletcher Planner I Phone: (817) 748-8069 Email: lfletcher(a)ci.southlake.tx.us The 7-lot subdivision site currently has one (1) access drive for direct access to Lot 1; a cul- de-sac street for access to Lots 2-7; and, all of the previously approved parking constructed. The proposed site plan does not alter the existing access drives. The following variances have been previously approved under city case ZA06-031. 4. Driveway Ordinance 634, as amended, requires a stacking depth of 75 feet at this location. The site plan proposed shows a stacking depth for the westernmost driveway of approximately 13.3 feet and the interior stacking depths for the easternmost public street at approximately 12.5 feet. 5. Subdivision Ordinance 483, as amended, requires a street width of sixty (60) feet. The site plan proposed shows an existing public street width of approximately forty (40) feet. 6. Landscape Ordinance 544, as amended, requires interior landscaping to be determined by the amount of square footage of each building on a particular lot. The applicant is requesting the interior landscape requirements to be equally distributed throughout the development. The following are recommendations and observations by staff where your application may benefit and does not represent a requirement. • Staff recommends providing a materials sample board to present at the hearings. Case No. Attachment D ZA14-110 Page 1 • All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed tree conservation complies with the previous development approved Tree Conservation Plan. Public Works/Engineering Review Om Gharty Chhetri, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri(a)ci.southlake.tx.us * No Comments Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements(a)ci.south lake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for each building over 6,000 square feet, or restaurants classified as an A-2 over 5,000 square feet or an occupant load in excess of 100 people. All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72, the 2012 International Fire Code, and the City of Southlake amendments. A complete set of plans for the underground fire protection line, fire sprinkler system, and fire alarm system shall be submitted to Reed Fire Protection for review and approval at 14135 Midway Road in Addison, Texas 75001. Business phone is 214-638-7599. Case No. Attachment D ZA14-110 Page 2 The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5'X5' if the double check is not located on the riser, or a minimum of 6'X6' if it is on the riser. A 5 inch Storz Connection shall be installed on the Fire Department Connection with a locking Knox cap attached to the FDC to prevent debris from entering the connection. An exterior audible/visual fire alarm device must be installed above the Fire Department Connection to indicate when a fire alarm condition is present in the building, or located as near as possible to the FDC, on the building, if the FDC is installed remotely. The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of Fire Lane access.(FDC location not indicated on plans) HVAC units over 2000 cubic feet per minute shall have a duct smoke detector mounted on the return side of the unit, that when activated, shall send an alarm condition to the building fire alarm panel and shut the unit down. If the units are located above ceiling tile, remote reset switches must be installed below the duct detector location. A commercial hood suppression system must be installed and connected to the fire alarm system, in all areas that produce grease laden vapors. Also supply a Class K extinguisher for the cooking area within 30 feet of the hood suppression system. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of the building on a "hose -lay" basis for a sprinkled building. 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. (A minimum of 80,000 pounds GVW) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2012 I.F.C. Sec. 503.2.4) FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 300 feet for commercial locations that contain non sprinkled buildings in the complex. INFORMATIONAL COMMENTS: All commercial buildings are required to have Knox Box rapid entry systems installed near access to the riser room. Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. Keys must be provided to access all areas of the building. Community Services Department Review Peter Kao Construction Manager Phone: (817) 748-8607 E-mail: pkao(a)ci.southlake.tx.us Case No. Attachment D ZA14-110 Page 3 Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development. If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in the amount of $2400 per gross acre x 1.499 acres= $3,597.60 will be required. Fees will be collected with the approved developer's agreement. Pathway Comments: No pathway connection to HWY114 sidewalk. Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should provide 4ft+ concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right -Of -Way Requirements of the Subdivision Ordinance and all State of Texas accessibility requirements. Informational Comments: 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 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. 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment D ZA14-110 Page 4 Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non -Residential Buildings. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA14-110 Page 5 Surrounding Property Owners Lots 1-7, Block 1, Morrison Office Park ti 1. Owner Bonola Family Ltd Prtnshp Property Address 2600 E9-I 114 Zoning C3 Acreage 1.15 Response NR 2. Sam 114-Kimball ODmmercial UC 315 MORfd9DN PARK DR EF2 0.40 NR 3. Sam 114-Kimball ODmmercial UC 305 MOF9SON PARK DR cF2 1.65 NR 4. Bonola Family Ltd Prtnshp 2680 E9-I 114 C3 1.26 NR 5. Sam 114-Kimball ODmmercial UC 2720 E9-I 114 EF2 1.47 NR 6. Sam 114-Kimball ODmmercial UC 300 MOF9SON PARK DR EEP2 0.62 NR 7. Sam 114 Two U c 320 M OFF 9DN PARK DR EF2 0.52 NR 8. Sam 114-Kimball ODmmercial UC 330 MOFRSON PARK DR SF2 0.46 NR 9. Sam 114 Two U c 325 M OFF 9DN PARK DR EF2 0.51 NR 10.1 M ertz, James N El ux Karen E 395 9-1ADY W AG 8.66 NR Responses: F: In Favor Responses Received: None (0) Case No. ZA14-110 O: Opposed To U: Undecided NR: No Response Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-491b 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 LOTS 1-7, BLOCK 1, MORRISON OFFICE PARK, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES, 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-2" Generalized 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, Case No. Attachment F ZA14-110 Page 1 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, Case No. Attachment F ZA14-110 Page 2 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 Lots 1-7, Block 1, Morrison Office Park, Southlake, Tarrant County, Texas, being approximately 6.19 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District with "0-1" Office District uses to include limited "C-3" General Commercial District uses to "S-P-2" Generalized Site Plan District with "0-1" Office District uses to include limited "C-3" General Commercial District uses with all of the uses and regulations approved with Ordinance No. 480-491A to include the additional uses and regulations for Lot 1 as depicted on the approved Site 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 Case No. Attachment F ZA14-110 Page 3 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 Case No. Attachment F ZA14-110 Page 4 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 _ day of MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA14-110 Page 5 PASSED AND APPROVED on the 2nd reading the day of, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-110 Page 6 EXHIBIT "A" Being described as Lots 1-7, Block 1, Morrison Office Park, Southlake, Tarrant County, Texas, being approximately 6.19 acres. Case No. Attachment F ZA14-110 Page 7 Reserved for approved site plan and zoning regulation document Case No. Attachment F ZA14-110 Page 8