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Item 6BCase No. ZA18-032 S T A F F R E P O R T May 8, 2018 CASE NO: ZA18-032 PROJECT: Carroll ISD - Dragon Stadium Bus Parking and Tire Storage Building EXECUTIVE SUMMARY: On behalf of Carroll Independent School District, Hart, Gaugler and Associates, Inc. is requesting 2nd reading approval of a Zoning Change and Site Plan for Carroll ISD No. 6 Addition on property described as Lot 1, Block 1, and Lot 1, Block 2, Carroll ISD No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas and locat ed at 1085 S. Kimball Ave. and 601 Silicon Dr., Southlake, Texas. Current Zoning: “S -P-1” Detailed Site Plan District. Proposed Zoning: “S -P-1” Detailed Site Plan District. SPIN Neighborhood # 8. DETAILS: Carroll ISD Dragon Stadium is located at the northwest corner of Silicon Dr. and S. Kimball Ave. The purpose of this request is to seek 2nd reading approval of a Zoning Change and Site Plan to allow pavement for 18 additional bus parking spaces and the addition of an approximately 1,200 square foot storage building for tire storage at Dragon Stadium. No other changes to the previously approved “S-P-1” zoning regulations are proposed and all previous conditions of approval remain in effect. The following “S-P-1” regulations are proposed for the new improvements only. No other changes to the previously approved “S -P-1” zoning regulations or conditions of approval are proposed. Regulation “CS” Community Service District (Base “S-P-1” zoning) S-P-1 Regulation Articulation The property is in the Non-Residential Development Overlay District, Section 43 of Zoning Ordinance No. 480, as amended, which requires vertical and horizontal articulation on all facades visible from S. Kimball Ave. The applicant has added an “S-P-1” regulation to allow the articulation as shown for the alternate tire storage building. Bufferyards Any requests for changes in zoning to any district other than agricultural or single family residential districts shall require that all bufferyards be installed prior to issuance of a CO. An S-P-1 regulation has been added to request relief from the bufferyard requirements. Department of Planning & Development Services Case No. ZA18-032 VARIANCE REQUEST: Landscape Ord. No. 544-B requires landscaping for new construction that does not exceed 5,000 square feet or 30% of the existing building floor a rea to meet the requirements in the ordinance only as it pertains to the square footage of the new construction. The applicant is requesting a variance to the Landscape Ordinance to request relief from the interior landscaping requirements. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated April 23, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-330D Half Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to S-P-1 and Variance Request Letter Link to Plans Link to SPIN Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-032 Page 1 BACKGROUND INFORMATION OWNER: Carroll Independent School District APPLICANT: Hart, Gaugler and Associates, Inc. PROPERTY SITUATION: Northwest corner of S. Kimball Ave. and Silicon Dr. LEGAL DESCRIPTION: Lot 1, Block 1, and Lot 1, Block 2, Carroll ISD No. 6 Addition LAND USE CATEGORY: Public/Semi-Public CURRENT ZONING: “S-P-1” – Detailed Site Plan District REQUESTED ZONING: “S-P-1” – Detailed Site Plan District HISTORY: -City Council approved the zoning and site plan for Dragon Stadium on March 7, 2000 (ZA99-132). -A final plat was approved on February 3, 2000. -City Council approved a revised zoning and site plan for Dragon Stadium on March 18, 2003 to accommodate games for the Dallas Burn soccer team (ZA03-005). -City Council approved a revised zoning and site plan for Dragon Stadium on Sept. 2, 2003 to remove the requirements for a bufferyard and a screening device on the west side of the property adjacent to Mr. Kaposta’s property (ZA03-057). -City Council approved a zoning change and site plan from “S -P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District to add 1,600 seats to the home side of the stadium and to repave a portion of the existing parking lot, adding approximately 137 sp aces. Also approved were additions to the concessions and restrooms and the construction of a new Disaster Recovery Center, which added approximately 4,350 square feet of floor area at the site. (ZA09-057). CITIZEN INPUT: A SPIN meeting was held for this project on March 27, 2018. A link to the report is provided. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: April 19, 2018; Approved (5-0) subject to the staff report dated April 13, 2018 and Site Plan Review Summary No. 2, dated April 13, 2 018 and specifically granting the requested variances relating to any additional landscaping requirement and any potential tree preservation requirements resulting from the proposed plan. CITY COUNCIL ACTION: May 1, 2018; Approved at 1st reading (7-0) subject to the Staff Report dated April 24, 2018, and Site Plan Review Summary No. 3 dated April 23, 2018, granting the following: - Landscape Ordinance 544 -B. Granting relief from the interior landscaping requirements to allow interior landscaping to remain as it currently exists on the site. Case No. Attachment A ZA18-032 Page 2 - Noting that unless noted in the staff report or indicated on the site plan elevations or as part of the motion, all previous zoning regulations for the Dragon Stadium site will remain. TREE PRESERVATION: There is approximately 9.6% of existing tree cover on the site and the applicant is proposing to preserve approximately 93% of the existing tree cover. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, inc luding 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 th e 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 alo ng 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. STAFF COMMENTS: Site Plan Review Summary No. 3, dated April 23, 2018 is attached. The criteria for the City Council to grant a variance to Landscape Ordinance No. 544-B are below: Landscape Ordinance No. 544-B: 12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision by the Landscape Administrator, shall file a written appeal with the City Manager for consideration by the City Council. Such appeal shall be accompanied by adequate graphic reproductions, a writ ten summary of the request, and justification for such request. The City Council shall have the authority to grant an interpretation or variance to the requirements of this ordinance. In granting Case No. Attachment A ZA18-032 Page 3 any variance, the City Council shall determine that a litera l enforcement of the regulations herein will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self -imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Case No. Attachment B ZA18-032 Page 1 Case No. Attachment C ZA18-032 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-032 Review No.: Three Date of Review: 04/23/18 Project Name: Site Plan – Dragon Stadium APPLICANT: John Blacker Hart, Gaugler & Associates 12801 N. Central Expy, Suite 1400 Dallas, TX 75243 Phone: (972) 239-5111 E-mail: JBlacker@hartgaugler.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/23/18 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. 1. The property is in the Non-Residential Development Overlay District, Section 43 of Zoning Ordinance No. 480, as amended, so all plans must comply with the requirements in that section . The horizontal and vertical articulation on the proposed 40’ x 30’ tire storage building meet the articulation requirements in Section 43. Horizontal and vertical articulation will be required on the 50’ x 18’ alternate tire storage building if the wall heights are less than 1/3 of the 50’ façade lengths. The applicant has added an “S-P-1” regulation to allow the articulation as shown for the alternate tire storage building. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * There is approximately 9.6% of existing tree cover on the site and the applicant is proposing to preserve approximately 93% of the existing tree cover. * 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 w ill 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. Case No. Attachment C ZA18-032 Page 2 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 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 easem ents 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 Environmenta l 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: 1. The proposed building does not exceed 5,000 squar e feet or 30% of the existing buildings floor area, so 30% of the proposed building floor area (1,200 square feet x 30% = 360 square feet) is required to be calculated for the required interior landscape area and plant material. The applicant is requesting a variance to the Landscape Ordinance to request relief from the interior landscaping requirements. Case No. Attachment C ZA18-032 Page 3 2. Any requests for changes in zoning to any district other than agricultural or single family residential districts shall require that all bufferyards be ins talled prior to issuance of a CO. An S-P-1 regulation has been added to request relief from the bufferyard requirements. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. 3. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. 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. EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. DRAINAGE COMMENTS: 1. Please provide the additional runoff calculation. 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 checkli st, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre - Case No. Attachment C ZA18-032 Page 4 construction, construction and post-construction erosion control measures. * A Developer Agreement may 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. * Any hazardous waste being discha rged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on su bmitted information. General Informational Comments * A SPIN meeting for this project was held on March 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. * 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 appl icant 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 ZA18-032 Page 1 Surrounding Property Owners Dragon Stadium Bus Parking and Tire Storage SPO # Owner Zoning Land Use Acreage Response 1 PEARSON, CAREY SF1-A 695 S KIMBALL AVE 2.08 NR 2 PEARSON, CAREY SF1-A 2300 CROOKED LN 2.22 NR 3 WOOD, CHARLES SF1-A 2350 CROOKED LN 2.30 NR 4 MULLER, RICHARD J SF1-A 2400 CROOKED LN 2.16 NR 5 BEECH, EDNA E SF1-A 701 WHISPERING WOODS CIR 1.94 NR 6 KTR DFW LLC I1 1100 S KIMBALL AVE 11.20 NR 7 SIMPLY STORAGE SOUTHLAKE LLC I1 950 S KIMBALL AVE 1.32 NR 8 KTR DFW II LLC I1 1070 S KIMBALL AVE 24.75 NR Case No. Attachment D ZA18-032 Page 2 SPO # Owner Zoning Land Use Acreage Response 9 MORRISON, PAMELA SF1-A 710 WHISPERING WOODS CIR 2.25 NR 10 STRUEMPLER, LORIE LEE SF1-A 720 WHISPERING WOODS CIR 1.94 NR 11 KENDRICK, MICKY D SF1-A 2401 CROOKED LN 1.28 NR 12 CUNDIFF, JOHN E SF1-A 2317 CROOKED LN 0.85 NR 13 CHARLESTON COURT LP O1 530 SILICON DR 4.85 NR 14 CARROLL, ISD SP1 601 SILICON DR 4.11 NR 15 1700LACY LLC I1 2815 EXCHANGE BLVD 1.76 NR 16 BHS VENTURES LLC I1 2271 E CONTINENTAL BLVD 1.41 NR 17 HBC PROPERTIES LLC I1 2271 E CONTINENTAL BLVD 1.41 NR 18 SLM PROPERTIES LLC I1 2273 E CONTINENTAL BLVD 1.41 NR 19 CORNERSTONE WEALTH MGT LLC I1 2273 E CONTINENTAL BLVD 1.41 NR 20 COGENT POINT LLC I1 2275 E CONTINENTAL BLVD 1.41 NR 21 WESTGATE OFFICE PARK OWNERS I1 2271 E CONTINENTAL BLVD 1.41 NR 22 COGENT POINT LLC I1 2275 E CONTINENTAL BLVD 1.41 NR 23 COGENT POINT LLC I1 2275 E CONTINENTAL BLVD 1.41 NR 24 925 SOUTH KIMBALL LLC I1 925 S KIMBALL AVE 3.82 NR 25 KAPOSTA, AMERICA AG 2311 CROOKED LN 3.03 NR 26 LYNBA INC SP2 2300 DEAN WAY 2.29 NR 27 LEGENDS SLTX 2320 LLC SP2 2320 DEAN WAY 2.45 NR 28 CARROLL, ISD SP1 1085 S KIMBALL AVE 35.41 NR 29 SOUTHLAKE KIMBALL PROPERTIES SP2 2380 DEAN WAY 1.52 NR 30 SOUTHLAKE KIMBALL PROPERTIES SP2 2360 DEAN WAY 1.79 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-five (25) Responses Received: None (0) Case No. Attachment E ZA18-032 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-330D 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 1, BLOCK 1, AND LOT 1, BLOCK 2, CARROLL I.S.D. NO. 6 ADDITION, AND BEING 41.347 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan District with “CS” Community Service District uses including transportation facility and stadium under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requeste d 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 Case No. Attachment E ZA18-032 Page 2 Council did consider the following factors in making a determination as to wh ether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably ex pected 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 considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and o ther 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 Case No. Attachment E ZA18-032 Page 3 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 C ITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 6413 & 6414, Plat Records, Tarrant County, Texas, and being approximately 41.347 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with “CS” Community Service District uses including transportation facility and stadium to “S -P-1” Detailed Site Plan District with “CS” Community Service District uses including transportation facility and stadium as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit “C.” 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 Ordina nce and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Case No. Attachment E ZA18-032 Page 4 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 t he community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a ful l and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tr acts 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, n eglects 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. Case No. Attachment E ZA18-032 Page 5 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 fi nal disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at leas t fifteen (15) 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. SECTION 10. This ordinance shall be in full force and effect from and after its passage a nd publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 1st day of May, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY Case No. Attachment E ZA18-032 Page 6 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 ZA18-032 Page 7 EXHIBIT “A” Being Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat reco rded in Cabinet A, Slides 6413 & 6414, Plat Records, Tarrant County, Texas, and being approximately 41.347 acres. Case No. Attachment E ZA18-032 Page 8 EXHIBIT “B” SITE PLAN APPROVED WITH ORDINANCE NO. 330C Case No. Attachment E ZA18-032 Page 9 S-P-1 DEVELOPMENT REGULATIONS APPROVED WITH ORDINANCE NO. 330C Case No. Attachment E ZA18-032 Page 10 Case No. Attachment E ZA18-032 Page 11 Case No. Attachment E ZA18-032 Page 12 Addendum #1 T o SP 1 Development Regulations Case # ZA03-005 The purpose of this addendum is to provide additional information on the various elements that are being proposed by Carroll Independent School District (CISD) and the Dallas Burn Soccer Team at Carroll Drago n Stadium. This addendum is intended to accompany and provide further explanation of the revised site plan. 9. Parking. The accompanying site plan delineates the revised parking plan for the CISD Dragon Stadium utilizing property wholly owned and controlled by CISD. The site plan indicates approximately 3.14 acres to the northwest of the current paved parking lot. It is intended to level, grade, and gravel this portion of CISD property in order to park an additional 497 cars. This will be accomplished with the aide of professional parking company that will direct cars by way of personnel instead of striping paint. The lot will be graded and covered with a 6” flex base of gravel along with the required material to minimize dust. All required plans will be submitted in order to satisfactorily complete this project. Additionally, the existing transportation bus lot will be maximized in a similar fashion to the proposed gravel lot. This will be accomplished by removing the existing concrete bus wheel stops on the day of the event and then using managed parking just as with the proposed gravel lot. In this same fashion, it is expected that approximately 469 cars can be parked on this lot. The revised site plan includes a parking legend. This legend in additio n to showing the total space count for the stadium, it also shows the improved parking ratio. Furthermore, the parking ratio is improved even more when the off-site parking is taken into consideration for employee parking. 10. Bleachers. It is proposed that 1,620 bleacher seats will be added to the eastern end of Dragon Stadium on the existing concrete pad. The bleachers will be constructed and erected in two separate sections of 810 seats each. Each bleacher section will be approximately ninety-nine (99) feet by twenty-nine (29) feet and one (1) inch. Each section will have fifteen (15) rows with seating based upon eighteen (18) inch centers. All necessary permits will be obtained. See attached letter from bleacher manufacturer. 11. “Permanent Tents”. The phrase “permanent” is used because it is intended that these tents will be in place longer than the stipulated 180 days to be classified as a “temporary” tent. It is proposed to erect two (2) frame tents inside the stadium for the purposes of fan a nd sponsor entertainment. Tent #1: a. Location: parking lot immediately to the west of the field and behind the existing stadium scoreboard. b. Size: 30 feet by 100 feet (3,000 square feet) c. Type: White frame tent with perimeter pole supports-no internal pole supports d. Construction: e. Attachment: Affixed directly to the concrete f. Duration: April 2003 through December 2003 g. Engineering Specifications: Designed to withstand seventy (70) mile per hour winds. h. Additional Information: -Added wind screen meshing along western edge of tent to block western setting sun -Add 10 light bars with 4 Par 38 fixtures, gel frame, assorted gels, 150 watt flood lamps along with the necessary wire, dimmers, and quad boxes. -Add necessary wiring, cable hook-ups, televisions/platforms to provide television reception to tent from television truck. -Utilize sufficient box fans to circulate air for comfort -Proposed hours of operation: two (2) hours prior to the start of the game and one (1) hour after the game. Case No. Attachment E ZA18-032 Page 13 -Food and beverages will be served by the official stadium concessionaire or an approved third party concessionaire. This concessionaire will comply with all local, county, state regulations in regard to all health department and fire safety issues. -Any and all permits that may be required by local, county, or state agencies will be obtained. Tent #2: a. Location: grass/concrete pad immediately to the east of the current visitor’s bleachers on the south side of the stadium. b. Size: 30 feet by 40 feet (1,200 square feet) c. Type: White frame tent with perimeter pole supports-no internal pole supports d. Construction: e. Attachment: Affixed directly to the concrete. f. Duration: April 2003 through December 2003 g. Engineering Specifications: Designed to withstand seventy (70) mile per hour winds. h. Additional Information: -Add 6 light bars with 4 Par 38 fixtures, gel frame, assorted gels, 150 watt flood lamps along with the necessary wire, dimmers, and quad boxes. -Utilize sufficient box fans to circulate air for comfort -Proposed hours of operation: two (2) hours prior to the start of the game and one (1) hour after the game. -Food and beverages will be served by the official stadium concessionaire or an approved third party concessionaire. This concessionaire will comply with all local, county, state regulations in regard to all health department and fire safety issues. -Any and all permits that may be required by local, county, or state agencies will be obtained. 12. Temporary Tents. (By definition-less than 180 days). As part of the game day operation, it is intended to utilize a variety of “pop-up” tents through out the stadium and it surroundings. These tents are ten (10) feet by ten (10) feet (100 square feet) when erected, aluminum co nstruction with a vinyl top. These types of tents will only be erected on the day of the event and will be taken down the same day. Some of the intended uses are: a) First Aide/Paramedic Stations b) Promotional for sales or sponsorship c) Merchandise 13. Ticket Booths. It is intended to locate two (2) auxiliary ticket booths at the stadium in order to provide supplemental locations to sell tickets on the day of the event. Each of these ticket booths is made of corrugated metal siding and roofing, one door, and built on wooden skids. They are nine (9) feet wide by twenty (20) feet long accommodating spaces for five (5) ticket windows. The windows are made of a protective glass with a small opening to accommodate a ticket transaction. The ticket booths have a simple lighting fixture and a small window air conditioning unit. -Location: one (1) would be located immediately to the east of the permanent ticket windows on the north side of the stadium on the grass pad. The second would be located on the south side of th e stadium immediately to the left or west of the drive gate on the grass pad. -Both will be positioned in such a manner as to maintain the requisite three (3) foot radius around each existing fire plug. -All required permits will be obtained for the ticke t booths and for the electrical work necessary to provide power to each booth. 14. Inflatables (Air-Inflated Structure). As part of the overall entertainment package, it is intended to utilize interactive inflatables such as bounce houses for children. Thes e inflatables typically do not exceed the dimensions of ten (10) feet by thirty (30) feet. They are erected only on the day of event for two hours prior to the start of the game. -Location: Northeast side of stadium outside of the stadium fence Southeast side of stadium outside of the stadium fence Case No. Attachment E ZA18-032 Page 14 -Power: Air blower powered by an approved generator -Time: Event day only for two (2) hours prior to game time -Staff: Erected and staffed by Dallas Burn trained personnel 15. Portable toilets. It is intended to place portable toilets in two locations of the stadium. The purpose is to provide access to toilet for patrons that might not otherwise have access and to provide auxiliary toilets to ease the potential burden on existing restroom facilities. All porta ble toilets will be inside the existing stadium fencing and not visible from the street. -Location #1: East end of stadium adjacent to the current field house and behind the proposed bleachers. Research does not indicate a specific rule as per the number of units required. However, there appears to be a universal standard of approximately one (1) unit per 125 people. Applying this standard to the proposed number of bleacher seats (1,620), it is recommended to add approximately 10-12 units including a handicapped unit. -This is being done since the proposed bleachers for general admission seating only and thus these fans will not have access to other areas of the stadium. -Location #2: Southwest section of the stadium immediately to the west of the visitor’s stands. Though fans in this area will have access to the permanent restrooms, it is intended to augment the existing facilities in order to relief potential congestion. It is intended to add six (6) units in this area. It is intended to leave the portable toilets in place through the entire season. The proposed contract with the portable toilet company will call for weekly cleaning of the units. 16. Lighting. It is our understanding from discussions with city staff that the property is in compliance wit h the current lighting ordinance for this specific type of land use based upon the variance granted. 17. Noise. It is our understanding from discussions with city staff that the property is in compliance with the current noise ordinance for this specific type of land use and the number of events based upon the variance granted. 18. Landscaping. It is our understanding that all landscaping requirements have been met. 19. Building Occupancy. It is our understanding with discussions with city staff that total occupan cy of the facility will be based upon a calculation of what is safe for this type of facility and its type of use. This calculation is not tied just to the physical seats. Case No. Attachment E ZA18-032 Page 15 Addendum #2 To SP 1 Development Regulations Case # ZA03-057 Case No. Attachment E ZA18-032 Page 16 Addendum #3 To SP 1 Development Regulations Case # ZA09-057 The purpose of this addendum is to add 1,600 seats to the home side of Dragon Stadium. In addition to the additional seats the District will be repaving the northwest portion of the existing parking lot which will add approximately 137 parking spaces. This addendum also includes approximately 4,350 square feet of floor space consisting of additional concessions, restrooms and new Disaster Recovery Center to the home side of the stadium. Case No. Attachment E ZA18-032 Page 17 Addendum #4 To SP 1 Development Regulations Case # ZA18-032 Case No. Attachment E ZA18-032 Page 18 REGULAR PLANNING & ZONING COMMISSION MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS FEBRUARY 3, 2000 MINUTES Motion was made to approve ZA 99-132 subject to Site Plan Review Summary No. 2, dated January 28, 2000; and subject to the following:  acknowledging some of the reasons for not going with straight “CS” zoning are the residential properties to the north; the industrial properties surrounding it; the particular needs and concerns surrounding this type of a use, a stadium; and in addition, they have several uses that did not come in under straight “CS” zoning such as the transportation facility;  striking the following use within the "CS" zoning district: 8.2.g: Utility buildings and structures: power sub- stations, water tanks and reservoirs, water and sewage treatment plants;  deleting Item #1.B.1 (height);  deleting Item #1.B.2 (maximum lot coverage);  amending Item #1.B.3 allowing a limit of 85% impervious coverage;  requiring compliance with Item #1.C.1 (residential adjacency);  deleting Item #1.D.1 and acknowledging the applicant’s willingness and effort to work with the Landscape Administrator to landscape the best they can with native vegetation that provides some color and requires little or no watering;  granting a variance on Item #1.D.2 allowing the applicant to move some of the interior plantings to the outside bufferyards with the understanding that by the time they get to City Council they will work out the numbers to see if they are able to have some relief of some of these trees and trees in other district properties in exchange for a brick wall that would border the northern properties;  deleting Item #1.E.1 and accepting 1 space per 5 seats;  noting the district’s willingness to comply with Item #5.B with their study which shows they come under the limit of the decibels at the property line;  adding Item #5.D requiring compliance with driveway stacking requirements but granting a variance to it and recognizing that the district is going to provide gates on bo th ends of the area between the field house and Silicon Drive such that the stacking depth would actually be 163’; City Attorney Debra Drayovitch said there are requirements for obtaining a variance to the Lighting Ordinance which require submission of an alternate plan and certain evidence, and she is certain the Commission would want to have that reviewed by the appropriate staff. Continuation of motion:  Requiring compliance with the Lighting Ordinance but recognizing the applicant has the lighting study and will submit it before they go to City Council and allow staff time to review it; and  Requiring the gates to the east of the field house to remain closed during the games and for a period of 30 minutes after the games except for emergency access. Motion: Shankland Second: King Ms. Drayovitch said there has been discussion of “variances” associated with this plan but with an “S -P” zoning these items are not variances; they are part of this planned development Site Plan zoning. She wanted the record to reflect they are really not variances and that the Commission does have more discretion with this type of application. Ayes: Boutte, Shankland, King, Creighton Nays: Peebles Approved: 4-1 Motion carried. (Planning and Zoning Commission meeting, 02 -03-00, tape 1, section #4207) Case No. Attachment E ZA18-032 Page 19 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS FEBRUARY 15, 2000 MINUTES Motion was made to approve Ordinance No. 480-330,1st Reading, (ZA 99-132), subject to the Revised Site Plan Review Summary No. 2, dated February 11, 2000, incorporating Planning and Zoning Commission’s recommendations with the following changes and additions:  Recognizing the district’s commitment to the north property owner for putting panels in the chain -link fence;  Recognizing the district’s commitment to the western property owner with the chain -link fence adding slats; northern property owners with a tilt-wall brick-look fence behind those owners, allowing the district to eliminate two rows of landscaping medians in the parking lo t which will enable them to increase the bufferyard on the north from approximately 30’ to 50’ recognizing they will bring in those exact numbers at the second reading;  Accepting the lighting for the facility, on the field as demonstrated tonight using the internal shields with the visors;  Allowing the district to phase in the tree mitigation plan which they accept over the next five (5) years, so that they can use operating funds instead of bond funds;  Limiting events by entities other than the CISD and City of Southlake to ending at 11:00 p.m.;  Accepting the district’s commitment to not light any signs on the north side of the property;  Accepting the district’s commitment to the best of their ability to bring forward at the second reading, a reciprocal parking agreement with adjacent property owners;  Allowing white lights;  Allowing the variance as requested from the school district on the lights on the field; and,  Deferring the 8’ screening. Motion: Edmondson Second: Fawks Councilmember Rex Potter stated, "I will vote for this, but if I do not get more confidence on the lights at the next reading, we have gone the maximum to mitigating the impact. They need to do a little bit better as to their diminishing returns for it is to their significant benefit to p ut the shields on the lights. I will expect the school district to come back with a lighting specialist to give more information." Ayes: Edmondson, Fawks, Potter, Kendall, DuPre, and Stacy Nays: None Approved: 6-0 vote Case No. Attachment E ZA18-032 Page 20 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 MARCH 7, 2000 MINUTES Motion was made to approve ZA 99-132, subject to the Site Plan Review Summary No. 2, dated February 11, 2000; incorporating all of the requirements of the motion made during first reading; and further requiring that no activities requiring stadium lights or auditory speakers will be allowed between 11:00 p.m. and 8:00 a.m.; and that no games be allowed to start after 10:00 p.m.; Subject to the revised Site Plan that was presented this evening; and clarifying slats be added on all of Mr. Kaposta’s fence. Motion: Fawks Second: Edmondson Ayes: Fawks, Edmondson, Potter, Kendall, Moffat, DuPre, and Stacy Nays: None Approved: 7-0 vote City of Southlake SPECIAL CITY COUNCIL MEETING March 7, 2003 Motion was made to approve Ordinance No. 480 -330a, 1st Reading, subject to Revised Site Plan Review Summary No. 2, dated February 28, 2003; accepting changes as proposed by the applicant tonight; requiring the applicant to oil the gravel parking lot to ke ep the dust down; allowing the proposed portable toilets and tents for one year and requiring approval by SUP after that time period; deleting the request for extended hours; accepting the proposed parking as presented tonight and if it requires a variance, granting a variance; accepting the applicant’s commitment for temporary directional signs along the roadways; and accepting the applicant’s offer to put an item on their next bond election to permanently pave the parking lot. Motion: Potter Second: Standerfer Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 6-0 Case No. Attachment E ZA18-032 Page 21 City of Southlake CITY COUNCIL MEETING March 18, 2003 Motion was made to approve Ordinance No. 480 -330a, 2nd Reading, subject to Site Plan Review Summary No. 3, dated March 14, 2003, incorporating the motion from the first reading approval; subject to the photometric survey dated February 9, 2000, referenced by staff tonight; extending the 8’ masonry wall to the west, in line with the east property boundary o f Mr. Kaposta’s property and extending the 8’ masonry wall south along Mr. Kaposta’s property line and removing the 8’ masonry wall from the northwest portion of the site plan along Mrs. Sapp’s property; requiring CISD to use effective dust control on the gravel parking lot; requiring CISD to restrict access to the gravel parking lot when not in use; requiring that parking is no closer than 20’ from Mr. Kaposta’s property; restricting off-site parking to Old Union Elementary School for the employees and adjusting the parking ratio in the regulations accordingly; requiring a 50’ bufferyard adjacent to the gravel parking area along the north property line and allowing the landscape plantings to be deferred until permanent paving is installed; and incorporating the documents referenced in the site plan review summary. Motion: Potter Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 6-0 City of Southlake CITY COUNCIL MEETING MINUTES September 2, 2003 Motion was made to approve Ordinance No. 480 -330b (ZA03-057) 2nd Reading, requiring the existing vegetation in the bufferyard be permanently maintained so long as the use is maintained. Motion: Standerfer Second: Shankland Ayes: Potter, Evans, Shankland, Morris, Standerfer, Wambsganss Nays: None Approved: 6-0 (Stephen out of the room) Case No. Attachment E ZA18-032 Page 22 EXHIBIT “C” City of Southlake CITY COUNCIL MEETING MINUTES December 15, 2009 Motion was made to approve Ordinance No. 480 -330c, 1st Reading (ZA09-057), Zoning Change and Site Plan for Dragon Stadium Expansion granting the requested variances but requiring the sidewalk on the west side of Silicon Drive from the existing sidewalk back to Kimball Avenue to be constructed; subject to the applicant’s presentation; and subject to Site Plan Review Summary No. 4, dated December 8, 2009. Motion: Jones Second: Morris Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 City of Southlake CITY COUNCIL MEETING MINUTES January 5, 2010 Motion was made to approve Ordinance No. 480-330c, 2nd Reading (ZA09-057), Zoning Change and Site Plan for Dragon Stadium Expansion granting the requested variances but requiring a five -foot sidewalk on the west side of Silicon Drive only; requiring the additional screening fence; and subject t o Site Plan Review Summary No. 4, dated December 8, 2009. Motion: Jones Second: Morris Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0