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Item 6L M E M O R A N D U M August 25, 2015 To: Shana Yelverton – City Manager From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Amendment of Zoning Ordinance No. 480-SSSS Action nd Requested: Conduct a Public Hearing and consider 2 Reading approval of an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to Section 22, C-3, General Commercial District, and Section 45, Specific Use Permits. Background Information: The purpose of this item is to consider amending Section 22, C-3 General Commercial District to set the maximum permitted floor area of a single tenant, owner or business occupancy located in the C-3 Zoning District (Section 22) at sixty thousand (60,000) square feet as well as provide provisions for existing legally conforming single tenant, owner or business occupancies exceeding sixty thousand (60,000) square feet of floor area in the C-3 district prior to adoption of this ordinance, and add language to the Specific Use Permit section (Section 45) of the Ordinance that allows application for a SUP in order to exceed sixty thousand (60,000) square feet of floor area for a single tenant, owner or business occupancy. The proposed amendment would grant the Planning and Zoning Commission and City Council the ability to review and allow the location of proposed single tenant, owner or business occupancies that exceed sixty thousand (60,000) square feet. The amendment would result in revising Section 22.5.f of Zoning Ordinance No. 480, as amended, by providing a maximum floor area of sixty thousand (60,000) square feet per single tenant, owner or business occupancy, and adding provisions to Section 45, Specific Use Permits, of the Comprehensive Zoning Ordinance No. 480, as amended allowing for a single tenant, owner or business occupancy to exceed the sixty thousand (60,000) square feet threshold. Any existing legally conforming single tenant, owner or business occupancies that exceed sixty thousand (60,000) square feet of floor area in the C-3 district prior to adoption of this ordinance shall be permitted to continue operating as legally conforming uses and/or structures. 480-SSSS Page 1 Overview of the Current Ordinance Section 22 of the Zoning Ordinance (C-3 General Commercial District) currently establishes a minimum floor area of two thousand (2,000) square feet for a separate building or structure within the C-3 District. Section C-3, however, does not establish a maximum floor area for a single tenant, owner or business occupancy. Purpose for Revision The proposed amendment would give the Planning and Zoning Commission and City Council more discretion in future development that may propose larger tenants, giving more control as to where these uses are located, as well as impacts on surrounding property and roadways. PROPOSED CHANGE TO PERMITTED INDUSTRIAL USES WITHIN SECTION 26 (SEE ITEM 22.5.f): 22.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable (As amended by Ordinance No. 480-HH.): f. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. There is no maximum floor space, except as specified herein under other provisions of this ordinance. The maximum floor area for a single tenant, owner or business occupancy contained within any structure existing in this district shall be sixty thousand (60,000) square feet. Any existing legally conforming single tenant, owner or business occupancies that exceed sixty thousand (60,000) square feet of floor area in the C-3 district prior to adoption of this ordinance shall be permitted to continue operating as legally conforming uses and/or structures. PROPOSED ADDITION TO SECTION 45, SPECIFIC USE PERMITS: 49. Single tenant, owner or business occupancy exceeding sixty thousand C-3 (60,000) square feet Citizen Input/ Board Review: A SPIN meeting was held on June 23, 2015. A copy of the SPIN meeting report can be found under Attachment “A” of this memorandum Notification of the P&Z Public Hearing was mailed to affected property owners as shown in Attachment “C” and response forms are included in this memorandum as Attachment “D.” A Public Hearing will be held by both P&Z and City Council Legal Review: This item is under review by the City Attorney. Attachments: (A) SPIN Meeting Report 480-SSSS Page 2 (B) Map of C3 and C3 Use Zoned Properties (C) Notification List (D) Notification Response Forms (E) Ordinance 480-SSSS (F) Link to Presentation Planning & Zoning Commission: August 6, 2015; Approved (6-0) as presented specifically noting staff is allowed to refine the definitions prior to presenting to City Council. City Council: August 18, 2015; Approved (7-0) on Consent subject to staff report dated August 11, 2015. 480-SSSS Page 3 480-SSSS Page 4 ATTACHMENT “A” 480-SSSS Page 5 480-SSSS Page 6 480-SSSS Page 7 480-SSSS Page 8 480-SSSS Page 9 480-SSSS Page 10 480-SSSS Page 11 ATTACHMENT “B” 480-SSSS Page 12 ATTACHMENT “C” Owner Property Address Zoning Acreage Response 1 Dallas Mta Lp 700 W SH 114 NRPUD 19.987928 2 Verizon Wireless Texas Llc 500 W DOVE RD NRPUD 24.858619 3 Dove 114 Infinity Llc 500 W SH 114 SP2 29.491941 4 Dominion Southlake Properties 101 E SH 114 C3 0.404417 5 Dominion Southlake Properties 201 E SH 114 C3 0.077866 1350 N WHITE CHAPEL 6 Dominion Southlake Properties C3 6.327165 BLVD 7 Dominion Southlake Properties 301 E SH 114 C3 2.697876 8 Dominion Southlake Properties 319 E SH 114 C3 2.859802 9 Highland Group Jv 930 E HIGHLAND ST C3 11.943252 10 Highland Group Jv 1320 N CARROLL AVE C3 1.472693 11 Regions Bank 1000 E SH 114 C3 1.336668 12 Xaris Investments Ltd 1050 E SH 114 C3 2.108699 13 Gateway Church 700 BLESSED WAY NRPUD 82.012963 14 Gateway Church 701 BLESSED WAY NRPUD 34.288724 15 Greenway-Carroll Road Prtnrs 1201 E SH 114 C3 7.093552 16 Fechtel, Joe Est 1778 E SH 114 NRPUD 0.084700 17 Fechtel, Joe Est 1774 E SH 114 NRPUD 0.245416 18 Fusselman, Bruce Etux Michelle 2100 E SH 114 C3 1.801652 19 Bonola Family Ltd Prtnshp 2680 E SH 114 C3 1.254726 20 Bonola Family Ltd Prtnshp 2600 E SH 114 C3 1.148624 21 Bonola Family Ltd Prtnshp 2540 E SH 114 C3 5.644102 22 Chamathil, Varghese Etux Sara 2300 E SH 114 C3 2.130442 23 Victron Stores Lp 401 N KIMBALL AVE C3 0.892675 24 Shamrock Pipeline Corp, The 1689 E SH 114 C3 0.411669 F 25 H D Development Properties Lp 1695 E SH 114 C3 0.195979 26 Hd Development Propertiex, Lp 300 VILLAGE CENTER DR C3 11.603633 27 Eqyinvest Owner II Ltd Llp 2120 E SOUTHLAKE BLVD C3 7.370758 28 Inland Western Slake Suntree 100 W SOUTHLAKE BLVD SP2 7.738435 29 Inland Western Slake Corners K 200 N KIMBALL AVE C3 16.710245 30 McDonald's Corp 225 N KIMBALL AVE C3 1.058910 31 Lowes Home Centers Inc 201 N KIMBALL AVE C3 14.821312 32 Realtex Ventures Inc 1600 CORPORATE CIR C3 1.725864 33 Eric H Schmidt Llc 1500 CORPORATE CIR C3 0.809350 34 Jns Living Trust Etal 1480 CORPORATE CIR C3 1.194828 35 Dn Kingston Southlake Lp 215 N KIMBALL AVE C3 0.656330 36 Cole Mp Pm Portfolio Llc 200 VILLAGE CENTER DR C3 4.663492 37 Dn Kingston Southlake Lp 125 N KIMBALL AVE C3 1.132708 38 Stagliano, Vincent J Etal 120 N KIMBALL AVE C3 0.385089 480-SSSS Page 13 Owner Property Address Zoning Acreage Response 39 Southridge Lakes Hmowner Assn 1300 W SOUTHLAKE BLVD C3 3.443028 40 Southlake Chamber Of Commerce 1501 CORPORATE CIR C3 0.457864 41 Realtex Ventures Inc 1601 CORPORATE CIR C3 1.356740 42 Realty Income Tx Pro 1 Llc 1400 W SOUTHLAKE BLVD C3 0.969731 43 7330 Fair Oaks Blvd Prt Etal 1600 E SOUTHLAKE BLVD C3 2.358506 44 Jpmorgan Chase Bank 1700 E SOUTHLAKE BLVD C3 2.115068 45 Southlake Food Mart Lp/7-Eleve 2100 E SOUTHLAKE BLVD C3 0.936576 46 Wendys International Inc 2130 E SOUTHLAKE BLVD C3 0.789808 47 Marshall Descendants 2006 Trst 101 N KIMBALL AVE C3 0.922575 48 Southlake Safeco Ltd 1500 W SOUTHLAKE BLVD C3 1.311983 49 Sej Asset Mgt & Investment Co 1600 W SOUTHLAKE BLVD C3 0.993800 50 Eecu 1460 W SOUTHLAKE BLVD C3 0.808936 51 Spc Kimball Oaks Ltd 2245 E SOUTHLAKE BLVD SP1 7.345298 52 Excel Southlake Lp 1035 E SOUTHLAKE BLVD SP1 16.951818 53 Carroll/1709 Ltd 1201 E SOUTHLAKE BLVD SP2 8.673068 54 Weatherford Loan Company 835 E SOUTHLAKE BLVD SP1 4.213954 55 Weatherford Loan Company 829 E SOUTHLAKE BLVD SP1 2.819498 56 Weatherford Loan Company 821 E SOUTHLAKE BLVD SP1 0.550615 57 Chick-Fil-A Inc 2301 E SOUTHLAKE BLVD C3 1.139485 58 Leslie S Wright Liv Tr Etal 2305 E SOUTHLAKE BLVD C3 0.797301 59 2315 E Southlake Center Llc 2315 E SOUTHLAKE BLVD C3 1.720814 60 Coz, Llc 2325 E SOUTHLAKE BLVD C3 0.803504 61 Liu, Jason 1901 W SOUTHLAKE BLVD C3 0.407347 62 Ishan Futures Inc 1957 W SOUTHLAKE BLVD C3 0.809933 63 Entin Family Trust 1959 W SOUTHLAKE BLVD C3 1.173819 64 Yomtoob, Isaac & Shohreh 151 PLAYERS CIR C3 0.659897 65 Jaber Holdings I Llc 2025 W SOUTHLAKE BLVD C3 1.015773 F 66 170 Players Llc 170 PLAYERS CIR C3 0.650542 67 Btr-8 Southlake Llc 2707 E SOUTHLAKE BLVD SP2 5.755308 68 Manchester Properties Llc 3205 E SH 114 C3 1.848099 69 Kc Propco Llc 3115 E SOUTHLAKE BLVD C3 0.898828 70 Chu, Robert Etux Lena 3105 E SOUTHLAKE BLVD C3 0.595890 71 Slm Dunhill Llc 2001 W SOUTHLAKE BLVD C3 2.398736 72 Dlp Ventures 201 PLAYERS CIR C3 0.796200 73 Slm Dunhill Llc 2055 W SOUTHLAKE BLVD C3 0.822261 74 Shamsipour, Farid 220 PLAYERS CIR C3 1.052485 F 75 Southlake Investments Llc 3305 E SH 114 C3 2.080233 76 Vincent, Charles Victor 275 BANK ST C3 1.450430 77 Slm Dunhill Llc 2101 W SOUTHLAKE BLVD C3 9.109812 78 Stampede Properties Lp 250 PLAYERS CIR C3 2.638907 480-SSSS Page 14 Owner Property Address Zoning Acreage Response 79 Groves, Ron D 251 PLAYERS CIR C3 0.983952 80 McDonalds Corp 2155 W SOUTHLAKE BLVD C3 1.103909 81 Tp Southlake Re Llc 3311 E SH 114 C3 2.247803 82 Southlake Campus Inc 301 BANK ST C3 4.986664 83 Walmart Real Estate Bus Trust 2201 W SOUTHLAKE BLVD C3 5.766301 84 Cao-Do Texas Llc 3317 E SH 114 C3 1.539043 85 Star Dunkin'Real Estate Lp 2255 W SOUTHLAKE BLVD C3 0.889618 86 Southlake Crossing Ani Clinic 2320 W SOUTHLAKE BLVD C3 0.635942 87 125 Davis Llc 125 DAVIS BLVD C3 0.848159 88 Slm Dunhill Llc 2225 W SOUTHLAKE BLVD C3 2.625566 89 H2Go Llc 955 DAVIS BLVD C3 2.069927 90 Carroll/1709 Ltd 251 S CARROLL AVE SP2 0.925526 91 Carroll/1709 Ltd 275 S CARROLL AVE SP2 2.427902 92 Carroll/1709 Ltd 1451 E SOUTHLAKE BLVD SP2 8.923520 93 Southlake, City Of 1401 E SOUTHLAKE BLVD SP2 0.778550 94 Carroll/1709 Ltd 1425 E SOUTHLAKE BLVD SP2 7.378420 95 Gateway Church 1301 E KIRKWOOD BLVD NRPUD 0.229911 96 Gateway Church 1501 E HIGHLAND ST NRPUD 22.525880 97 Gateway Church 700 N KIMBALL AVE NRPUD 3.659605 98 Sl/Or Llc 1281 E SH 114 C3 1.123004 99 Liu, Jason & Bennet & Psyche 101 PLAYERS CIR C3 0.302698 100 Dallas Mta Lp 780 W SH 114 NRPUD 4.384165 101 Dallas Mta Lp 790 W SH 114 NRPUD 0.244194 102 Dallas Mta Lp 800 W SH 114 NRPUD 0.078177 103 Eqyinvest Owner II Ltd Llp 2110 E SOUTHLAKE BLVD C3 5.777533 104 Dove 114 Infinity Llc 500 W SH 114 SP2 24.950084 105 Excel Southlake Lp 300 N CARROLL AVE SP1 2.384331 106 Spc Kimball Oaks Ltd 2225 E SOUTHLAKE BLVD SP1 6.541376 107 Costco Wholesale Corp 2601 E SH 114 SP2 15.752893 108 Wyndham Properties Ltd 3001 E SH 114 SP2 32.590065 109 Wyndham Properties Ltd 2801 E SH 114 SP2 1.454388 110 Wyndham Properties Ltd 2821 E SH 114 SP2 1.141539 111 Wyndham Properties Ltd 3010 E SOUTHLAKE BLVD SP2 3.196556 112 Wyndham Properties Ltd 3000 E SOUTHLAKE BLVD SP2 0.969276 113 Inland Western Slake Suntree 110 W SOUTHLAKE BLVD SP2 0.903049 114 Superintendent of Carroll ISD 115 Superintendent of Grapevine Colleyville ISD 116 Superintendent of Northwest ISD 117 Superintendent of Keller ISD Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Responses Received: In Favor: (3) Opposed: (0) 480-SSSS Page 15 ATTACHMENT “D” 480-SSSS Page 16 480-SSSS Page 17 480-SSSS Page 18 ATTACHMENT “E” ORDINANCE NO. 480-SSSS AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY REVISING PROVISIONS WITHIN SECTION 22 – C-3 GENERAL COMMERCIAL DISTRICT AND ADDING PROVISIONS TO SECTION 45 – SPECIFIC USE PERMITS; 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 PAMPHLET FORM; 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 Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS , the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 22 of the Zoning Ordinance No. 480, as amended, is hereby amended by revising the following to subsection 22.5.f.: 22.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable (As amended by Ordinance No. 480-HH.): f. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum 480-SSSS Page 19 floor area for a single tenant, owner or business occupancy contained within any structure existing in this district shall be sixty thousand (60,000) square feet. Any existing legally conforming single tenant, owner or business occupancies that exceed sixty thousand (60,000) square feet of floor area in the C-3 district prior to adoption of this ordinance shall be permitted to continue operating as legally conforming uses and/or structures. SECTION 2 Section 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following subsections: 45.1 GENERAL PROVISIONS DISTRICT WHERE SPECIFIC USE PERMITTED 49. Single tenant, owner or business occupancy exceeding sixty thousand C-3 (60,000) square feet SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 480-SSSS Page 20 SECTION 5 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 6 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 yard regulations 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 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8 The City Secretary of the City of Southlake is hereby directed to post 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 if 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. 480-SSSS Page 21 SECTION 9 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. th PASSED AND APPROVED on the 1st reading the 18 day of August, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY st PASSED AND APPROVED on the 2nd reading the 1 day of September, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ 480-SSSS Page 22