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Item 7BCase No. ZA21-0086 S T A F F R E P O R T November 30, 2021 CASE NO: ZA21-0086 PROJECT: Zoning Change and Site Plan for Multi-Sport Training Facility EXECUTIVE SUMMARY: Hart Gaugler and Associates is requesting 1st Reading approval of a Zoning Change and Site Plan for Multi-Sport Training Facility on property described as Tract 3B3, C.B. McDonald Survey, Abstract No. 1013, Southlake, Texas, and portions of Lot 1, Block 1, Carroll ISD No. 6 Addition and Lot 4R, Legends at Southlake, additions to the City of Southlake, Tarrant County, Texas, and located at 2311 Crooked Ln., 1085 S. Kimball Ave., and 2320 Dean Way, Southlake, Texas. Current Zoning: “AG” Agricultural District, “S-P-1” Detailed Site Plan District, and “S-P-2” Generalized Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District and “S-P-2” Generalized Site Plan District. SPIN Neighborhood #8. DETAILS: The applicant is requesting 1st Reading approval of a Zoning Change and Site Plan to develop a multi-sport training facility with approximately 42,835 square feet of indoor training fields, 30,722 square feet of lighted outdoor training fields, and a building of approximately 2,260 square feet containing check in, restrooms, and a small retail shop. The base zoning for the “S-P-1” district is “I-1” Light Industrial District with the following exceptions: a) Buffer Yard: Vary requirement for buffer yard along the south boundary to be 0’. Vary requirement for buffer yard along the North boundary to be 9.5’. Change East buffer yard from 10’ – Type D to 10’ – Type A. West buffer yard will remain in accordance with I-1 underlying zoning. Remove accent tree requirements for North (10’ –Type D) and East (10’ – Type A). Reduce shrub requirement for East (10’ – Type A). b) Screen Wall: Vary from screen wall requirement along the north boundary line adjacent to residential to allow for an 8’ board on board cedar fence. c) Facade Articulation: On all facades, the horizontal and vertical articulation will be as shown on the Site Plan and the Building Elevations. d) Height: No building or structure shall exceed one (1) story, nor shall it exceed forty (45) feet. Athletic field light poles shall not exceed sixty (60) feet in height. e) Maximum Impervious Coverage – not exceed 87%. f) Off-Street Loading Requirements: The minimum number of off-street loading spaces shall be none. Case No. ZA21-0086 g) Netting along perimeter of fields shall not to exceed twenty-five (25) feet in height. h) Painted metal storage container is allowed for equipment storage. Container not to exceed 8’ x 9.5’ x 24’. i) The tree removal percentage shall be as shown on the Tree Conservation Plan. j) Allow shared parking with the Dragon Stadium by way of a reciprocal parking agreement to satisfy the parking requirements. Gate will be opened for overflow parking on select weekends during tournaments and on game days (Friday night only) to allow CISD parking on the Multi-Sport Facility property. k) Hours of Operation: a. Monday-Thursday 2pm – 10pm b. Friday 2pm – 11pm c. Saturday 7am – 11pm d. Sunday 1pm – 9pm The permitted uses are as follows: • Only the following uses will be permitted: o Indoor and outdoor sport fields o Check in/restroom o Concession o Pro shop retail o Batting cages o Food truck concessions as shown on Site Plan o Equipment storage utilizing painted metal storage container VARIANCES REQUESTED: 1. Athletic Field Lighting: The athletic field lighting shall not exceed 4 – sixty (60) foot tall poles 2 – sixty (60) foot tall poles, 2 – fifty (50) foot tall poles and 1 – forty (40) foot tall pole and the maximum illumination on the playing field shall not exceed 75 65foot-candles. 2. Intensity of illumination projected to light industrial to the south shall not exceed 16 foot-candles – horizontal and vertical. Revised plans comply. 3. The maximum Kelvin temperature for the athletic field lights will be 5700K. 4. The intensity of luminance projected to the industrial district to the south will be 9.1 2.37 5. Interior Landscape – Reduce accent tree requirement to as shown on plan. The Planning and Zoning Commission included the following stipulations in their recommendation for approval of the item at the November 18, 2021 meeting: Case No. ZA21-0086 P&Z Conditions and Issues Applicant’s Response Further develop a traffic impact analysis. A trip generation and daily distribution analysis has been prepared and it is attached separately. Bring additional information including pictures and perhaps a Musco representative to the Council meeting providing more information on lighting accommodations and the variances that are requested. Revised photometric plans have been submitted and are under review. Provide additional options on the metal storage container so that it matches the other building. Elevations and renderings of the revised storage building will be presented prior to or at the 1st reading Council meeting. Evaluate ingress/egress options and the usage as it relates to the other buildings and tenants in the area, including access on Crooked Ln. and Carroll ISD Dragon Stadium to the east. The applicant is proposing to keep the gate on Crooked Ln. for emergency access only. Additional information and options Dragon Stadium gate will be presented at the 1st reading Council meeting. ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 4, dated November 30, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-790 Half Size Plans (for Commission and Council members only) Link to Presentation Link to Zoning Narrative and Variance Request Letter Link to Plans Link to Traffic Generation and Daily Distribution Link to SPIN Report Link to 2035 Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA21-0086 Page 1 BACKGROUND INFORMATION OWNER: Carroll ISD, JMDJMD, LLC & Legends SLTX 2320 LLC APPLICANT: Hart Gaugler and Associates PROPERTY SITUATION: 2311 Crooked Ln., 1085 S. Kimball Ave., and 2320 Dean Way LEGAL DESCRIPTION: Tract 3B3, C.B. McDonald Survey, Abstract No. 1013, Southlake, Texas, and portions of Lot 1, Block 1, Carroll ISD No. 6 Addition and Lot 4R, Legends at Southlake LAND USE CATEGORY: Industrial CURRENT ZONING: “AG” Agricultural District, “S-P-1” Detailed Site Plan District, and “S-P-2” Generalized Site Plan District. PROPOSED ZONING: “S-P-1” Detailed Site Plan District and “S-P-2” Generalized Site Plan District. HISTORY: - The property at 2311 Crooked Ln. was annexed into the City in 1957. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation is Industrial. Purpose: 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. . Definition: 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, 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 Master Thoroughfare Plan designates Crooked Lane as a 2-Lane undivided collector (C2U) with a 50 ft. right of way. The site has an existing driveway accessing Crooked Lane through a strip of land that is part of CISD/Dragon Stadium. A common access easement is stubbed into the south boundary through the industrial development driveway to the south accessing Dean Way. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a less than 8” sidewalk along Crooked Ln. A 5’ sidewalk is required along Crooked Ln. and Dean Way. TREE PRESERVATION: If the development were proposed as traditional zoning the existing tree cover preservation would not comply with the Existing Tree Cover Case No. Attachment A ZA21-0086 Page 2 Preservation Requirements of the Tree Preservation Ordinance. There is 34.83% of existing tree cover on the site and minimum of 60% of the existing tree cover would be required to be preserved. A maximum of 3.81% of the existing tree cover is proposed to be preserved. The applicant is requesting that the tree removal percentage be as shown on the Tree Conservation Plan. 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; 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. UTILITIES: A 6” water line exists in along Crooked Lane. The property is not currently served by City sewer. An 8” sanitary sewer line future stub out connection is located at the southwest corner of the property at the Legends of Southlake development. DRAINAGE: In existing conditions, the onsite runoff flows to a grass swale and into the existing storm inlet south of the property, where the proposed driveway is going. In proposed conditions, the onsite runoff flows directly to Dean Way. CITIZEN INPUT: A SPIN meeting was held on July 27, 2021. Please see the SPIN Report attached separately. Case No. Attachment A ZA21-0086 Page 3 A 2035 Corridor Planning Committee meeting was held on January 25, 2021. Please see the 2035 Corridor Planning Committee Report attached separately. PLANNING AND ZONING COMMISSION MEETING: November 18, 2021; Approved (6-1) (Rothmeier) subject to the staff report dated November 12, 2021 and Site Plan Review Summary No. 2, dated November 12, 2021, specifically approving the variances requested and instructing the applicant: • To further develop a traffic impact analysis, • To bring additional information including pictures and perhaps a Musco representative to the Council meeting providing along those same lines more information on lighting accommodations and the variances that are requested, • To provide additional options on the metal storage container so that it matches the other building and, • With regard to the traffic study analysis, evaluating ingress/egress options and evaluating the usage as it relates to the other buildings and tenants in the area, including access on Crooked Ln. and Carroll ISD Dragon Stadium to the east. Commissioner Rothmeier felt that the facility is being proposed in the wrong place based on the number of variances. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated November 30, 2021. General Development Standards Applies? Comments Overlay Regulations Yes The property is in the Residential Adjacency Overlay. Building Articulation No Exempt Masonry Standards No Exempt Impervious Coverage Yes Variance requested Bufferyards Yes Variances requested Interior Landscape Yes Variance requested Tree Preservation Yes Tree Conservation Plan approved with S-P-1 zoning Sidewalks Yes 5’ sidewalks are required along Dean Way and Crooked Ln. Case No. Attachment B ZA21-0086 Page 1 Case No. Attachment C ZA21-0086 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0086 Review No.: Four Date of Review: 11/30/2021 Project Name: Site Plan for Multi-Sport Training Facility APPLICANT: Hart, Gaugler & Associates OWNER: JMDJMD, LLC John Blacker John Davis 12801 N. Central Expy. Suite 1400 413 Borders Ct. Dalllas, TX Southlake, TX 76092 Phone: 972-239-5111 Phone: 817-455-1336 Email: jblacker@hartgaugler.com Email: johnmartindavis@sbcglobal.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/29/21 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 RICHARD SCHELL AT (817) 748-8602. Planning Review 1. An appropriate plat (or plats) that conforms to the underlying zoning district(s) must be processed, approved and recorded with the County prior to the conveyance of any portions of lots or the issuance of building permits. 2. Provide a completed Traffic Threshold Worksheet. 3. Show and label the required 5’ sidewalks along Dean Way and Crooked Ln. or add an “S-P-1” regulation to allow no sidewalks. 4. A variance to the lighting ordinance is requested to allow the sport lighting to exceed the maximum allowed illumination level, intensity of illumination projected from one property to another property, Kelvin temperature and intensity of luminance projected from one property to another. The photometric calculations are under review. * The buildings must comply with Zoning Ordinance No. 480, as amended, Section 33.21 - Building Color Standards for Non-Residential Buildings. The applicant has agreed to this requirement for the green color shown on the elevations. * The property lies in the Residential Adjacency Overlay and the development must comply with the requirements in Zoning Ordinance No. 480, as amended, Section 43.13 except for those requirements that are exempted by HB 2439 of 86th Legislature of the State of Texas. The following are informational comments. a. The building does not encroach into the area above a line having a 4:1 slope from any single family residential property. b. All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This includes equipment on the roof, on the ground or otherwise attached to the building. * The required construction materials in Masonry Ordinance No. 557-A, Section 1.b and the masonry, articulation and pitched roof requirements in Zoning Ordinance No. 480, as amended, Case No. Attachment C ZA21-0086 Page 2 Section 43, Residential Adjacency Standards, Sections 43.13.a.1, 43.13.a.2 and 43.13.a.4 are not being met on each elevation. A variance to the Masonry Ordinance and to the masonry, articulation and pitched roof requirements in the Residential Adjacency Standards would typically be required, but these requirements are exempted by HB 2439 of 86th Legislature of the State of Texas. All materials must meet applicable building codes. An “S-P-1” regulation has been added to allow the horizontal and vertical articulation as shown on the elevations. * Consider providing a color rendering (or renderings) of the site. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * If the development were proposed as traditional zoning the existing tree cover preservation would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 34.83% of existing tree cover on the site and minimum of 60% of the existing tree cover would be required to be preserved. A maximum of 3.81% of the existing tree cover is proposed to be preserved. The applicant is requesting that the tree removal percentage be as shown on the Tree Conservation Plan. * 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 Case No. Attachment C ZA21-0086 Page 3 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; 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: * The applicant is requesting that the required south 5’ – A bufferyard be 0’, that the north 10’ – F2 bufferyard be 9.5’, that the required East 10’ – D bufferyard be a 10’ – A, and that the west bufferyard remain a 5’ – A as required. An S-P-1 regulation has been added for the bufferyard modifications. With traditional zoning the applicant may choose to provide a more intense bufferyard than required but not a less intense bufferyard. * The applicant is requesting that the required Accent Trees in the interior landscape area be reduced to as shown, that the Accent Trees be removed from the north and east bufferyards, and the shrubs be reduced in the east bufferyard. A variance is requested for the reduction in Interior Landscaping and an S-P-1 regulation has been added for the bufferyard reductions. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Case No. Attachment C ZA21-0086 Page 4 Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: * A temporary construction easement for all construction offsite shall be granted from the adjacent property owner and will be required to be submitted to the City prior to holding the pre- construction meeting for the Public Works Permit. WATER COMMENTS: * Existing water services shall be abandoned at the main if they are not utilized. DRAINAGE COMMENTS: * In existing conditions, the onsite runoff flows to a grass swale and into the existing storm inlet south of the property, where the proposed driveway is going. In proposed conditions, the onsite runoff flows directly to Dean Way. With the fist submittal of civil construction plans please provide calculations showing that the increase in runoff does not adversely affect the downstream properties and Dean Way. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A Developer Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Fire Department Review Case No. Attachment C ZA21-0086 Page 5 Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us 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 to determine termination point of riser piping, and indicate size of the riser room) Ensure that the exit doors from the indoor facility do not block the exit path around the structure. (Appears that there is less than 2 feet between opened exit doors and the netting) Due to the access control gate located on the property, a Knox Box or Knox Lock must be installed on the gate due to the required fire lane access for the structures. Mobile food trucks shall maintain a minimum spacing of 10 feet between each mobile unit. FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2018 I.F.C. Sec. 503.2.4) Fire lanes are not located on plans 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. (Plans indicate only one fire hydrant, which does not meet the distance requirements) (Add an additional hydrant in front of the un- sprinklered building) General Informational Comments * SPIN Meeting was held on July 27, 2021. * A Corridor Planning Committee meeting was held on January 25, 2021. * 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 rights-of-way 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. A variance to allow the sport lighting is requested. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Case No. Attachment C ZA21-0086 Page 6 * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone. The proposed use is compatible with the Airport Compatible Land Use Zoning Ordinance No. 479 with no noise level reduction required. * 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 Case No. Attachment D ZA21-0086 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES ‘ SPO # Owner Zoning Physical Address Acreage Response 1. ST JOHN BAPT CH GRAND PRAIRIE CS 800 S KIMBALL AVE 12.89 NR 2. PEARSON, CAREY SF1-A 695 S KIMBALL AVE 2.08 NR 3. PEARSON, CAREY SF1-A 2300 CROOKED LN 2.22 NR 4. BUETE, ROBERT SF1-A 2350 CROOKED LN 2.30 NR 5. MULLER, RICHARD J SF1-A 2400 CROOKED LN 2.16 NR 6. BEECH, EDNA E SF1-A 701 WHISPERING WOODS CIR 1.94 NR 7. STRUEMPLER, LORIE LEE SF1-A 720 WHISPERING WOODS CIR 1.94 NR 8. KENDRICK, MICKY D SF1-A 2401 CROOKED LN 1.28 NR 9. CUNDIFF, JOHN E SF1-A 2317 CROOKED LN 0.85 NR 10. JMDJMD LLC AG 2311 CROOKED LN 3.03 NR 11. 2300 DEAN WAY SP2 2300 DEAN WAY 2.29 O 12. SMS LEGENDS LLC SP2 2345 DEAN WAY 1.95 O 13. KIMBALL PROPERTIES LLC BRIAN CAMPBELL – SOLARA SUITE 100 SP2 2325 DEAN WAY 1.87 O Case No. Attachment D ZA21-0086 Page 2 14. LEGENDS SLTX 2320 LLC (LARRY MARSHALL) SP2 2320 DEAN WAY 2.45 F 15. CARROLL, ISD SP1 1085 S KIMBALL AVE 35.41 NR 16. WERX PROPERTY HOLDINGS LLC SP2 2380 DEAN WAY 1.52 O 17. 2360 DWS RE PARTNERS LLC SP2 2360 DEAN WAY 1.79 O Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent within 300’: Sixteen (16) Responses Received within 300’: Six (1) Case No. Attachment D ZA21-0086 Page 3 Case No. Attachment D ZA21-0086 Page 4 Case No. Attachment D ZA21-0086 Page 5 Case No. Attachment D ZA21-0086 Page 6 Case No. Attachment D ZA21-0086 Page 7 Case No. Attachment D ZA21-0086 Page 8 Case No. Attachment D ZA21-0086 Page 9 Case No. Attachment D ZA21-0086 Page 10 Case No. Attachment E ZA21-0053 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-790 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 DESCRIBED AS TRACT 3B3, C.B. MCDONALD SURVEY, ABSTRACT NO. 1013, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND A PORTION OF LOT 1, BLOCK 1, CARROLL ISD NO. 6 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.8663 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “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 an d 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, Case No. Attachment E ZA21-0053 Page 2 WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District and “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: sa fety 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 Case No. Attachment E ZA21-0053 Page 3 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 proximit y 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 a reas be altered, Case No. Attachment E ZA21-0053 Page 4 changed and amended as shown and described below: Being described as Tract 3B3, C.B. McDonald Survey, Abstract No. 1013, Southlake, Tarrant County, Texas, and a portion of Lot 1, Block 1, Carroll ISD No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 3.8663 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District and “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,” and subject to the following conditions: 1. 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 i n 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 Ci ty 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 facili tate the adequate provision of Case No. Attachment E ZA21-0053 Page 5 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 provisio ns 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 Case No. Attachment E ZA21-0053 Page 6 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 ____, 2021. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY Case No. Attachment E ZA21-0053 Page 7 PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2022. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA21-0053 Page 8 Exhibit ‘A’ Being described as Tract 3B3, C.B. McDonald Survey, Abstract No. 1013, Southlake, Tarrant County, Texas, and a portion of Lot 1, Block 1, Carroll ISD No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 3.8663 acres, and being more particularly described as follows: Reserved for metes and bounds description Case No. Attachment E ZA21-0053 Page 9 Exhibit ‘B’ Reserved for approved Site Plan