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Item 6E13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT October 26, 2016 CASE NO: ZA16-087 PROJECT: Specific Use Permit for Fireplug Inn EXECUTIVE SUMMARY: Nancy Wallen on behalf of Journey 5 Ventures is requesting approval of a Specific Use Permit for a Kennel on property described as Lots 3R11 R1 and 3R11 R2, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and located at 2245 and 2251 E Continental Boulevard, Southlake, Texas. Current Zoning: "I-1"Light Industrial District. SPIN Neighborhood #8. DETAILS: The purpose of the proposed Specific Use Permit is to construct a 2,803 square foot expansion of the existing Fireplug Inn Kennel. This request is presented concurrently with a Plat Revision request to combine the existing Fireplug Inn lot with the lot to the north (ZA16-088). Land Use Designation Industrial Gross Project Acreage Existing Building Square Footage Proposed Addition Total Building Floor Area Building Height Number of Stories Open Space % Impervious Coverage % (Allowed/Shown) Existing Parking Additional Parking Required Total Parking Spaces Provided (Existing + New) Case No. ZA16-087 1.39 Acres 7,005 sq ft 2,803 sq ft building expansion + 4,556 sq ft exercise yard 9,808 sq ft Approx 17 feet Single story 53.5% 80%/46.5% 14 spaces 7 spaces 21 spaces VARIANCE REQUESTED: The following variance is being requested in relation to the proposed development: Variance to building color standards under Zoning Ordinance No. 480, Section 33.21: The use of florescent and the use of bright colors on non-residential buildings and structures, service doors, down spouts, utility boxes and panels, and other similar features shall not be permitted. The applicant requests a variance to allow colors on the proposed addition and shade canopies within the proposed exercise yard to match the existing red, blue and yellow colors utilized on the current building and shade canopies. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of the Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. # 2, dated October 14, 2016 (D) Surrounding Property Owners Map and Responses (E) Resolution No. 16-052 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Variance Request Link to Plans Page 1 - Site Plan Page 2 - Tree Conservation Plan Page 3 - Landscape Plan Page 4-7 - Elevations STAFF CONTACT: Case No. ZA16-087 Link to SPIN meetinq Report Ken Baker (817) 748-8067 David Jones (817) 748-8070 BACKGROUND INFORMATION OWNER: Journey 5 Ventures, Inc. APPLICANT: Nancy Wallen PROPERTY SITUATION: 2245 - 2251 E. Continental Blvd. LEGAL DESCRIPTION: Lot 3R11 R1 & 3R11 R2, Green Meadow Subdivision, Southlake, Texas LAND USE CATEGORY: Industrial CURRENT ZONING: "I-1" Light Industrial District HISTORY: The property was annexed into the city in 1966 (Ord. No. 139). A final plat for the Green Meadows subdivision was approved by City Council on December 3, 1974. The rights-of-way for S. Kimball Avenue and E. Continental Boulevard were realigned splitting Tract 2 into multiple parcels. A plat revision was approved by City Council on December 2, 2003 to combine Tract 3 with a portion of Tract 2. The plat was never filed. A driveway stacking variance for the lots south of E. Continental Blvd and S. Kimball Ave was approved by City Council on May 18, 2004 (ZA04-031). A Specific Use Permit for a kennel was approved by City Council on June 15, 2004 (ZA04-027). A plat revision was approved by City Council on August 3, 2004 to create Lots 3R1 & 3R2 (ZA05-055). A plat revision was approved by City Council on April 19, 2005 to create Lots 3R2R1, 3R2R2, and 3R2R3 (ZA05-019). A plat revision was approved by City Council on February 21, 2006 to create Lots 3R3 -3R5 (ZA05-172). A plat revision was approved by City Council on May 1, 2007 to subdivide two lots into eight lots, 3R4R, 3R5R, 3R6 - 3R11 (ZA07-028). A Specific Use Permit for Fireplug Inn on Lot 3R11 R2 was approved by City Council on June 17, 2008 (ZA08-024). A plat revision was approved by City Council on June 17, 2008 to subdivide one lot into two lots, 3R11 R1 & 3R11 R2 (ZA08-025). A Specific Use Permit to install shade structures in the rear yard was approved by City Council on September 21, 2010 (ZA10-050). Case No. Attachment A ZA16-087 Page 1 CITIZEN INPUT: A SPIN Town Hall Forum was held September 13, 2016 (SPIN16-032). Link to SPIN Meeting Report SOUTHLAKE 2030: Consolidated Future Land Use Plan The Southlake 2030 Future Land Use Plan designates 2245 - 2251 E Continental Boulevard as Industrial. The category describes industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be characterized by the manufacturing, processing, 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. Mobilitv & Master Thorouqhfare Plan The Master Thoroughfare Plan designates Continental Boulevard as an 84' Collector. The subject property is platted and does not have street frontage on Continental; no right of way dedication will be required by the proposed plat revision. A variance to the requirement that all lots front on a public street was granted with the approval of Case ZA07- 028, which created Lot 3R11. Pathwav Master Plan & Sidewalk Plan The Pathways Master Plan does not indicate a plan for sidewalk at this location and the property has no street frontage. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed project does not exceed the threshold to require a formal Transportation Impact Assessment. 24hr Westbound (4,820) Eastbound (4,781) AM Peak AM (263) 8:00 AM— 9:00 AM Peak AM (795) 7:30-8:30 AM PM Peak PM (746) 5:00 PM — 6:00 PM Peak PM (316) 3:30 — 4:30 PM * Based on the 2015 City of Southlake Traffic Count Report Traffic Animal Hospital/Vet Clinic (640) 7005 33.04 N/A N/A N/A N/A Existing With Expansion 9808 46.29 N/A N/A N/A N/A * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 91h Edition Case No. Attachment A ZA16-087 Page 2 TREE PRESERVATION: The applicant has submitted a Tree Conservation Plan which shows retention of 100% of the qualifying existing tree canopy under Ordinance 585-D. Three Crepe Myrtles are shown as removed near the NW corner of the building but do not qualify as protected trees. All existing trees were planted as required landscaping trees during the first phase of the Fireplug Inn (Case ZA08-024). UTILITIES: Water The property is serviced by an 8 inch water line which connects to a 10" loop around Dragon Storage to the east. A public water easement is dedicated by this plat to encompass the water line on the property. Sewer The property is served by an 8 inch sewer main which runs along the south boundary of the property. DRAINAGE: On-site stormwater will be directed to an off-site regional detention system. CITIZEN INPUT: A SPIN meeting was held for this project on September 13, 2016 (SPIN16-033). Link to SPIN Report STAFF COMMENTS: Attached is Review Summary No. # 2, dated September 16, 2016. Variance Approval Criteria for Zoning Ordinance No. 480, as amended, Section 33.21.e: City Council may grant variances to regulations set forth in Sections 33.21.a and 33.21.b. To receive a variance, the applicant must demonstrate one of the following: a) A variance will reduce the impact of the project on surrounding residential properties; or b) Compliance with this ordinance would impair the architectural design or creativity of the project; or c) A variance is necessary to assure compatibility with surrounding developed properties; or d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. A Specific Use Permit was approved by Council in 2010 for three fabric membrane canopy structures in the rear exercise yard. The applicant is proposing three additional structures in the proposed 4,556 sf exercise yard located to the north and west of the proposed building addition. The structures approved in 2010 were consisted of one (1) double post shade structure approximately 14 -feet by 20 -feet with a blue fabric membrane to shade and two (2) single post shade structures approximately 12 -feet by 12 -feet for one and 14 -feet by 14 -feet for the other with a blue fabric membrane one and a yellow fabric membrane Case No. Attachment A ZA16-087 Page 3 on the other. The proposed locations of the new shade structures are shown on the Site Plan. General Development Applies? Comments Standards Overlay Regulations Yes No Non-residential overlay Not required on properties more than 200' from rights of way as Building Articulation No defined in Section 43.19.d Required per Ordinance No. 557 Masonry Standards Yes Requirement Met Not to exceed 80% of total lot area (Section 18.5.1) Impervious Coverage No Yes Requirement Met Not required on internal lot boundaries Subject to requirements of Landscape Ordinance No. 544-B Bufferyards Interior Landscape Yes (Section 3.3) Requirement Met All existing trees were planted as part of ZA08-024. Tree Preservation No Trees to be removed will be replaced per landscaping plan Lot does not front a street Sidewalks PLANNING AND ZONING COMMISSION ACTION: October 20, 2016; Voted 4-0 to recommend approval subject to Staff Report dated October 14, 2016 and Site Plan review summary dated October 14, 2016 and specifically granting the one variance noted in the staff report. Case No. Attachment A ZA16-087 Page 4 Vicinity Map 2245 & 2251 E CONTINENTAL BLVD �o 1075 926 s klM�t�gV� 950 10 2150 E CONTINENTAL BLVD 22`1 960 2201 222 �21ti 200 Mustang Ct U as 0 un It N / Case No. ZA16-087 ZA1 6-087 Specific Use Permit 0 205 410 820 s — Feet Attachment B Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA16-087 Review No.: Two Date of Review: 10/14/16 Project Name: Specific Use Permit/Site Plan — Fire Plug Inn Expansion APPLICANT: Nancy Wallen OWNER: Journey 5 Ventures, LLC Fire Plug Inn 3308 Gatwick Place 2251 E Continental Boulevard Southlake, Texas 76092 Dallas, Texas 75234 Phone: (817) 329-8835 Phone: (817) 329-8835 Email: nancvwallen50(a-)gmail.com Fax: (817) 442-8309 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/03/16 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SPECIFIC USE PERMIT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER LISTED BELOW. Planning Review David Jones, AICP Principal Planner Phone: (817) 748-8070 Email: diones(a)ci.south lake.tx.us 1. This Specific Use Permit is being processed as a Kennel, per Section 45.1.15. Section 4 defines kennel as "A commercial establishment (with indoor and/or outdoor pens and runs) in which dogs, cats, or domesticated animals are housed, boarded, groomed, bred, trained, or sold all for a fee or compensation. 2. Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non -Residential Buildings (A variance has been requested) 3. An application fee in the amount of $305.00 was paid to the City of Southlake on September 29, 2016. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 Fax: (817) 481-5713 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: Only three (3) existing Crape Myrtle trees are proposed to be removed. These trees were required landscape trees from when the building was constructed. Case No. ZA16-066 Attachment C Page 1 LANDSCAPE COMMENTS: The proposed additional landscaping meets the Landscape Ordinance requirements. New construction greater in size than 30% of the existing building or greater than 5,000 square feet shall require compliance with the Landscape Ordinance and the Bufferyards Regulations as it applies to the entire square footage of the existing building and proposed addition. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements of the Landscape Ordinance only as it pertains to the square footage of the new construction. Indicates informational comment. # Indicates required items comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 Fax: (817) 748-8181 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Public Works Review Om Chhetri Civil Engineer Phone: (817) 748-8089 Fax: (817) 748-8077 GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: httiD://www.citvofsouthlake.com/index.asi)x?NID=266 Any hazardous waste being discharged must be pretreated per Ordinance No. 836. Case No. ZA16-066 Attachment C Page 2 *=Denotes informational comment. INFORMATIONAL COMMENTS: * Parking for both the existing building and the addition is calculated at a ratio of 1 space per 300 square feet for office and grooming uses and 1 space per 1,000 square feet for boarding uses. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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. * The applicant should be aware that prior to issuance of a building permit a Revised 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. * Staff recommends contacting Daniel Cortez in the City Manager's Office to determine if a SPIN meeting would be beneficial to your application. Daniel can be contacted by phone at (817) 748-8029 or by e-mail at dcortez@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * Denotes informational comment Case No. ZA16-066 Attachment C Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 27-L2 6 21 ?030 204 2050 2060 2120 Mustan Ct 21 0 Mustang t i Owner Zoning Address Acreage Response 1. 5917 HELMICK AVE LLC 11 940 S KIMBALL AVE 1.517 NR 2. 925 SOUTH KIMBALL LLC 11 925 S KIMBALL AVE 3.817 NR 3. BHS VENTURES LLC 11 2271 E CONTINENTAL BLVD 1.409 NR 4. COGENT POINT LLC 11 2275 E CONTINENTAL BLVD 1.409 NR Case No. Attachment D ZA16-087 Page 1 5. COGENT POINT LLC 11 2275 E CONTINENTAL BLVD 1.409 NR 6. COGENT POINT LLC 11 2275 E CONTINENTAL BLVD 1.409 NR 7. CORNERSTONE WEALTH MGT LLC 11 2273 E CONTINENTAL BLVD 1.409 NR 8. DENMISS LLC 11 910 S KIMBALL AVE 0.933 U 9. DENMISS LLC 11 920 S KIMBALL AVE 1.490 U 10. DENMISS LLC 11 930 S KIMBALL AVE 1.475 U 11. ELITE SUITES LTD 11 2201 E CONTINENTAL BLVD 1.635 NR 12. GATEWAY CHURCH 11 2250 E CONTINENTAL BLVD 2.703 NR 13. HBC PROPERTIES LLC 11 2271 E CONTINENTAL BLVD 1.409 NR 14. INPROV REAL ESTATE LP 11 2150 E CONTINENTAL BLVD 2.060 NR 15. JOURNEYS VENTURES LLC 11 2245 E CONTINENTAL BLVD 0.795 NR 16. JOURNEYS VENTURES LLC 11 2251 E CONTINENTAL BLVD 0.568 NR 17. K & D DEVELOPMENT 11 2221 E CONTINENTAL BLVD 0.548 NR 18. 19. 20. KEITH, WENDELL P KIMBALL PROPERTIES LLC LYNBA INC 11 SP2 SP2 2211 E CONTINENTAL BLVD 2325 DEAN WAY 2300 DEAN WAY 1.363 1.867 2.289 NR NR NR 21. NUSTAR LOGISTICS LP 12 2400 MUSTANG DR 14.707 F 22. NUSTAR LOGISTICS LP 12 2450 MUSTANG DR 5.992 F 23. NUSTAR LOGISTICS LP 12 2450 MUSTANG DR 5.992 F 24. PFA PROPERTIES LLC 11 2241 E CONTINENTAL BLVD 0.873 O 25. S LJ CONTINENTAL PLAZA LTD 11 950 S KIMBALL AVE 1.323 NR 26. S LJ CONTINENTAL PLAZA LTD 11 960 S KIMBALL AVE 4.153 NR 27. SLM PROPERTIES LLC 11 2273 E CONTINENTAL BLVD 1.409 NR 28. SOUTHLAKE KIMBALL PROPERTIES SP2 2345 DEAN WAY 1.947 NR 29. SOUTHLAKE KIMBALL PROPERTIES SP2 2320 DEAN WAY 2.449 NR 30. SOUTHLAKE KIMBALL PROPERTIES SP2 2380 DEAN WAY 1.523 NR 31. SOUTHLAKE KIMBALL PROPERTIES SP2 2360 DEAN WAY 1.792 NR 32. ST JOHN BAPT CH GRAND PRAIRIE CS 800 S KIMBALL AVE 12.890 NR 33. VARIO PROPERTIES LP 11 901 S KIMBALL AVE 3.454 NR 34. WESTGATE OFFICE PARK OWNERS 11 2271 E CONTINENTAL BLVD 1.409 NR 35. Superintendent of Carroll ISD NR Superintendent of Grapevine Colleyville 36. NR ISD 37. Superintendent of Northwest ISD NR 38. Superintendent of Keller ISD NR Notices Sent: Twenty -Seven (27) Responses Received within 200': One (1) Opposed; One (1) In Favor; Case No. ZA16-087 One (1) Undecided Attachment D Page 2 Oct,14. 2016 3:56PM Premier Property Real Estate Notification Response Form ZAI S-087 Meeting date: OrADber 20, 2018 at 8:30 PM DENMISS LLC 1368 ULD FANNIN RD STE 100 BRANDON MS 39047-8780 No. 0936 P. 1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of. opposed to undecidedjb��D ' (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Signature: o,',L n, myj"'- Date- 4 Additional Signature: Gate: Printed Name(s): &fit C, Mcb,1L 4 V0rO 16, E FDc0mi~~Z s L,.C, Must be property owner(s) whose name(s) are printed at tap. Ottf Wse cantart the planning department_ One form pdr property. Phone Number (optional): Case No. Attachment D ZA16-087 Page 3 Oct 10 1G 05:30a Nustar Grapevine 8124811514 Notification Response Form ZA16-087 Meeting Date; October 20, 2016 at 6:30 PM NUSTAR LOGISTICS LP PO BOX 780339 SAN ANTONIO TX 78278-0339 p.1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being th cif the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) th osed Specific Use Permit referenced above. Space for comments regarding your position: Signature: gate: ' Additional Signatujree: Date: Printed Name(s): -tL�-�'`� i" �..C'��5`�... ��,..�`�i� �j=� Must be property owners) whose name(5) printed at top. Otherwise contact the Planning Department. On Phone Number (optional): Case No. Attachment D ZA16-087 Page 4 Notification Response Form Z.A16-087 Meeting Date: October 20, 2016 at 6:30 PM PFA PROPERTIES LLC 2241 E CONTINENTAL BLVD # 140 SOUTHLAKE TX 76092-0815 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) Fj? 18 2016 pk;4r:0 the proposed Specific Use Permit referenced above. Space for comments regarding your position: I am opposed to having a dog exercise area right in back of my office building. I have 4 %ice§ 0 .b -44:08 and a conference room that face the proposed dog run. I can already hear the dogs that are m a dog run behind her existing building. It's currently far enough away to not be a nuisance, but any closer and it would be. Continental Plaza Business Park, also has Covenants, Conditions and Restrictions on file with the county. While I am not an expert in the document, I believe that such an addition needs to be approved by the property owners. The document was filed with Tarrant County on May 2, 2005. Signature: Date: 4420 Additional Signature: Date: Printed Name(s): Vka— Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. ZA16-087 Attachment D Page 5 RESOLUTION NO. 16-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A KENNEL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2245 AND 2251 EAST CONTINENTAL BOULEVARD, BEING LEGALLY DESCRIBED AS LOTS 3R11 R1 AND 3R11 R2, GREEN MEADOW SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a kennel has been requested by a person or corporation having a proprietary interest in the property zoned as 1-1" Light Industrial District; and, WHEREAS, in accordance with the requirements of Sections 45.1(15) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a kennel on property located at 2245 and 2251 East Continental Boulevard, being legally described as Lots 3R11 R1 and 3R11 R2, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, more fully and completely described in Exhibit "A", and as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit "B" and providing an effective date, Case No. Attachment E ZA16-087 Page 2 subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 1st DAY OF NOVEMBER, 2016. CITY OF SOUTHLAKE Laura Hill, Mayor ATTEST: Lori Payne, TRMC City Secretary Case No. Attachment E ZA16-087 Page 3 EXHIBIT "A" Being property located at 2245 and 2251 East Continental Boulevard, being legally described as Lot 3R11 R1 and Lot 3R11 R2 Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment E ZA16-087 Page 4 EXHIBIT "B" Reserved for approved Site Plan Case No. Attachment E ZA16-087 Page 5