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Item 7BCase No. ZA17-101 S T A F F R E P O R T March 27, 2018 CASE NO: ZA17-101 PROJECT: Zoning Change and Site Plan for 545 S. Nolen Dr. EXECUTIVE SUMMARY: Southlake Flex Properties, LLC is requesting 1st reading approval of a Zoning Change and Site Plan for 545 S. Nolen Dr. on property described as Lot 8, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 545 S. Nolen Dr., Southlake, Texas. The current zoning is "I-1" Light Industrial District. The requested zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8. REQUEST DETAILS: The property is located at the northeast corner of S. Nolen Drive and Exchange Blvd. The purpose of this request is to seek 1st reading approval of a Zoning Change and Site Plan from "I-1" Light Industrial District to "S-P-1" Detailed Site Plan District to add Specific Additional Uses for Commercial Amusement Indoor Centers – limited to training entertainment venues such as team building, corporate events/meeting, and small group events associated with interactive play commonly referred to as “escape and laser maze rooms”. No physical changes are proposed to the existing site. The existing multi-tenant building contains approximately 21,666 square feet of floor area. Please see the attached narrative, which includes a parking analysis, for more information on the proposed use and tenant mix. 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. 3, dated March 26, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-739 Link to Presentation Link to Narrative and Plans Narrative for Escape Room Use Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Department of Planning & Development Services Case No. Attachment A ZA17-101 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Southlake Flex Properties, LLC PROPERTY SITUATION: 545 S. Nolen Drive LEGAL DESCRIPTION: Lot 8, Block 5, Cornerstone Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: “I-1” Light Industrial District PROPOSED ZONING: “S-P-1” – Detailed Site Plan District HISTORY: -A zoning change from “AG” to “I-1” (ZA96-159) was approved May 20, 1997. -A Final Plat (ZA97-114) was approved by the City on September 4, 1997. -A Specific Use Permit (ZA03-101) for Cornerstone Bible Church was approved February 17, 2004. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan: The underlying land use designation for this property is “Industrial.” Purpose and Definition: 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. Master Thoroughfare Plan: The Mobility and Master Thoroughfare Plan identifies S. Nolen Dr. and Exchange Blvd. as local commercial streets. Pathways Master Plan No pathways are identified in the Pathways Plan for S. Nolen Dr. or Exchange Blvd. There is no requirement for sidewalks with the current proposal since the area of the existing building is not increasing. CITIZEN INPUT: A SPIN meeting was held for this project February 27, 2018. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: March 22, 2018; Approved (5-0) as presented subject to the staff report dated March 14, 2018 further subject to Site Plan Review Summary No. 2, dated March 14, 2018 and further noting for the record that this Case No. Attachment A ZA17-101 Page 2 zoning change is only applicable to the proposed 6,913 square feet noted within the report and also only applicable to the proposed tenant through its contractual lease term and any subsequent lease options for the tenant. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 26, 2018. Case No. Attachment B ZA17-101 Page 1 Case No. Attachment C ZA17-101 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA17-101 Review No.: Three Date of Review: 03/26/18 Project Name: Zoning Change and Site Plan – Lot 8, Block 5, Cornerstone Business Park APPLICANT: Stephen Swan Southlake Flex Properties 8350 N. Central Expy. #1725 Dallas, TX 75206 Phone: (972-) 980-4083 E-mail: swann@ftncapital.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/22/18 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. * Per Zoning Ordinance No. 480, as amended, Section 35.3, no parking space shall be less than 9 feet in width by 18 feet in length for head-in parking and 8 feet by 22 feet for parallel parking. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENT: * No existing trees are proposed to be removed. * 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. INTERIOR LANDSCAPE AND BUFFERYARDS COMMENTS: * Changes in zoning: Any request for changes in zoning to any district other than agricultural or single family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. The required bufferyards were established with the development of the property based on I-1 zoning. The required bufferyards do not change with proposed zoning change. I-1 zoning Case No. Attachment C ZA17-101 Page 2 requires a 5’ – A type bufferyard located adjacent to all property lines. Staff is verifying compliance of the existing landscaping with current bufferyard requirements. The applicant is proposing no changes to the existing landscaping. * No additional floor area is proposed to added to the existing buildings so additional interior landscape area and associated plant material are not required. * Indicates informational comment. # Indicates required items comment. General Informational Comments * A SPIN meeting is scheduled for February 27, 2018. * 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 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 75 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. * 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 ZA17-101 Page 1 SURROUNDING PROPERTY OWNERS & RESPONSES Owner Zoning Address Acreage Response 1. ORION SKY PROPERTIES LLC SP2 2757 E SOUTHLAKE BLVD 3.61 NR 2. PONY INVESTMENTS LLC SP2 405 S NOLEN DR 2.53 NR 3. HARBOR TOWN PARTNERS LP SP2 415 S NOLEN DR 2.73 NR 4. GATEWAY CHURCH SP1 500 S NOLEN DR 5.54 NR 5. SOUTHLAKE FLEX PROPERTIES LLC I1 525 S NOLEN DR 1.63 F 6. MARKET LOOP PARNTERS I1 2830 MARKET LOOP 1.66 F 7. SOUTHLAKE FLEX PROPERTIES LLC I1 535 S NOLEN DR 1.64 F 8. CHARLESTON COURT LP I1 545 SILICON DR 2.59 NR 9. FS BUILDING LLC I1 530 S NOLEN DR 1.07 NR 10. WANG, JEFF CHAUR-TARNG I1 2820 MARKET LOOP 0.77 O 11. JJK MANAGEMENT LLC I1 2810 MARKET LOOP 0.81 NR 12. SOUTHLAKE FLEX PROPERTIES LLC I1 545 S NOLEN DR 1.62 F 13. GATEWAY CHURCH I1 540 S NOLEN DR 1.55 NR 14. MARKET LOOP LTD I1 2800 MARKET LOOP 0.68 F 15. FULBRIGHT MAYS TRUST I1 2825 EXCHANGE BLVD 1.15 NR 16. SOUTHLAKE FLEX PROPERTIES LLC I1 2835 EXCHANGE BLVD 0.65 F 17. SOUTHLAKE FLEX PROPERTIES LLC I1 2845 EXCHANGE BLVD 0.74 F 18. FOBT PROPERTIES LP SP2 515 S NOLEN DR 1.55 NR 19. SEVENINVEST LLC SP2 505 S NOLEN DR 2.65 NR Case No. Attachment D ZA17-101 Page 2 20. CHARLESTON COURT LP O1 530 SILICON DR 4.85 NR 21. 1700LACY LLC I1 2815 EXCHANGE BLVD 1.76 NR 22. DRS GROUP LLC I1 2819 EXCHANGE BLVD 0.93 O 23. CARBIUM CAPITAL LLC SP1 410 S NOLEN DR 0.60 NR 24. CARBIUM CAPITAL LLC SP1 416 S NOLEN DR 0.60 NR 25. MYAN PLAZA LP O1 520 SILICON DR 1.43 NR 26. CARBIUM CAPITAL LLC SP1 512 SILICON DR 0.65 NR 27. CARBIUM CAPITAL LLC SP1 516 SILICON DR 0.73 NR 28. CARBIUM CAPITAL LLC SP1 508 SILICON DR 0.66 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received: Six (6) – four (4) in favor and two (2) in opposition Case No. Attachment D ZA17-101 Page 3 Case No. Attachment D ZA17-101 Page 4 Case No. Attachment D ZA17-101 Page 5 Case No. Attachment D ZA17-101 Page 6 Case No. Attachment D ZA17-101 Page 7 Case No. Attachment D ZA17-101 Page 8 Case No. Attachment D ZA17-101 Page 9 Case No. Attachment E ZA17-101 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-735 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 LOT 8, BLOCK 5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, T ARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.612 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “I-I” LIGHT INDUSTRIAL 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 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 locat ion 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 c omprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “I-1” Light Industrial District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment E ZA17-101 Page 2 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: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire haz ards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off -street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further conside red 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 Case No. Attachment E ZA17-101 Page 3 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 als o 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, 1 989, 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 Lot 8, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.612 acres, and more fully and completely described in Exhibit “A” from “I-1” Light Industrial 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. List any conditions Case No. Attachment E ZA17-101 Page 4 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordin ances 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 resp ect 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 populatio n; 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 wi th the provisions of Case No. Attachment E ZA17-101 Page 5 this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed 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 Case No. Attachment E ZA17-101 Page 6 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 _____, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-101 Page 7 EXHIBIT “A” Being described as Lot 8, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4010, Plat Records, Tarrant County, Texas and being approximately 1.612 acres. Case No. Attachment E ZA17-101 Page 8 EXHIBIT “B” Reserved for approved Site Plan