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Item 7BCase No. ZA18-006 S T A F F R E P O R T June 12, 2018 CASE NO: ZA18-006 PROJECT: Zoning Change and Concept/Site Plan for Southwest Meadows EXECUTIVE SUMMARY: Wilks Southlake Development is requesting approval of a Zoning Change and Concept/Site Plan for Southwest Meadows on property described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1901 W. Kirkwood Blvd., Southlake, Texas. Current Zoning: “NR-PUD” Non-Residential Planned Unit Development District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #1. DETAILS: This project is located at the southeast corner of W. State Hwy. 114 and W Kirkwood Blvd. The applicant is requesting approval of a Zoning Change and Concept/Site Plan to "S-P-2" Generalized Site Plan District for Southwest Meadows to develop a five- story, full service hotel with 134 rooms (Concept and Site Plan) and three outparcel lots with a total of approximately 15,000 square feet of retail, restaurant, office, bank and/or health and well-being uses (Concept Plan) on approximately 6.007 acres. The full service hotel, which is proposed as Phase 1 of the development on approximately 2.422 acres, includes an approximately 3,500 square foot restaurant and lounge, approximately 1,568 square feet of meeting space and an approximately 850-950 square foot fitness center. Future development of the three outparcel lots will require approval of a Site Plan by City Council following a recommendation by the Planning and Zoning Commission. A two-level parking garage is proposed to be constructed with development of the outparcel lots unless the first two outparcel lots are developed with retail uses instead of restaurant uses, in which case the applicant is proposing to not provide the parking garage if the parking requirements for the entire site are met without it. The Site Data Summary chart below from the proposed Concept Plan includes the data for the hotel site in the Lot 1 column and also the data for the three outparcel lots in the columns for Lots 2-4. Department of Planning & Development Services Case No. ZA18-006 VARIANCES REQUESTED: 1) Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum stacking depth of 100’. The applicant is proposing a stacking depth of approximately 75’ on the S.H. 114 driveway and approximately 47 ’ on the two Kirkwood Blvd. driveways. 2) Driveway Ordinance No. 634, as amended, Section 5.1, requires a minimum centerline driveway spacing of 250’ along an arterial. The applicant is proposing a centerline spacing of approximately 231’ between the two proposed driveways on Kirkwood Blvd. 3) Driveway Ordinance No. 634, as amended, Section 5.4 requires a deceleration lane for any driveway located on an arterial street if the right turn ingress volume Case No. ZA18-006 exceeds 50 vehicles in the design hour. If the street facility exceeds 40 MPH, a deceleration lane may be required if 40 turn ingress vehicles occur in the design hour. The applicant is requesting a variance to not construct deceleration lanes on the two Kirkwood Blvd. driveways. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 5, dated June 7, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-740 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Comprehensive Plan Analysis Link to “S-P-2” Regulations Link to Plans Link to Traffic Impact Analysis (TIA) Link to Parking Analysis Link to Consultant’s Review of TIA and Parking Analysis Link to SPIN meeting Report Link to 2035 Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-006 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Wilks Southlake Development PROPERTY SITUATION: 1901 W. Kirkwood Blvd., generally located at the southeast corner of W. State Hwy. 114 and W Kirkwood Blvd. LEGAL DESCRIPTION: Lot 1R1R2, Block 1, Sabre Group Campus Add ition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “NR-PUD” Non-Residential Planned Unit Development District. PROPOSED ZONING: “S-P-2” Generalized Site Plan District. HISTORY: November 19, 1985 - The site was zoned "H"- Heavy Commercial with the annexation the property under Ordinance No. 319. August 4, 1987 - Approximately 342 acres, bounded by T.W. King Road, W. S.H. 114, W. Dove Road and N. White Chapel Blvd. was zoned from "H" Heavy Commercial to "PUD" Planned Unit Development allowing "R-1" and "R-2" Retail, "O-1" and "O-2" office and "CS" Community Service district development under case ZA87-015 (Ordinance 334-012). September 19, 1989 - The above described 342 acres was given "PUD" Planned Unit Development zoning allowing "C -3" General Commercial, "CS" Community Service development with the adoption of the Zoning Ordinance No. 480 and the official zoning map. October 17, 1995 - A Zoning Change and Concept Plan for NR-PUD allowing "C-3" General Commercial, "O-2" Office, "HC" Hotel and "CS" Community Service development under Case ZA95 -074 (Ordinance 480- 180) was approved for an approximately 127 acre portion of the previously described 342 acres, west of the alignment of the approximate alignment of Kirkwood Boulevard; "R-PUD" Residential Planned Unit Development allowing detached single family residential development was approved under Case ZA95-073 (Ordinance 480-179) for approximately 199 acre portion of the previously described 342 acres, east of the approximate alignment of Kirkwood Boulevard. July 20, 1999 - A Zoning Change and Concept Plan for NR-PUD allowing a variety of non-residential uses and development to include "High-Tech" uses, "O-2 Office", "Parking Structures", "Hotel", "Restaurant" was approved for approximately 155 acre under Case ZA99-056 (Ordinance 480-313). The area included portions of the above described "NR -PUD" west of the alignment of Kirkwood Boulevard and a northern portion of the "R-PUD" area east of the alignment of Kirkwood Boulevard. October 19, 1999 - A Preliminary Plat for Lots 1-4, Block 1, Sabre Group Campus was approved under Case ZA99 -080. November 18, 1999 - A Final Plat for Lots 1-4, Block 1, Sabre Group Campus was approved under case ZA99 -096. Case No. Attachment A ZA18-006 Page 2 January 18, 2000 - A Development Plan for Sabre Group Campus was approved under Case ZA99-090. March 20, 2007 - A Plat Revision for Lots 1R1, 1R2, 2R, 4R1, 4R2 and 4R3, Block 1, Sabre Group Campus was approved under case ZA07 -025. September 15, 2015 - A Plat Revision for Lots 1R1R1 and 1R1R2, Block 1, Sabre Group Campus was approved under case ZA15 -085. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: A detailed Comprehensive Plan Analysis has been prepared for this development. Link to Comprehensive Plan Analysis TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Access to the project will be provided by two access driveways onto W. Kirkwood Blvd., which is a four-lane divided arterial with 100’ of right of way. One access driveway is proposed onto a fut ure SH 114 frontage road. T he timing of the SH 114 frontage road construction is unknown at this time. Traffic Impact A Traffic Impact Analysis (TIA) and a Parking Analysis were prepared for this development. A link to the TIA and Parking Analysis along with the consultant’s review of both analyses follows. Link to Traffic Impact Analysis (TIA), Link to Parking Analysis, Link to Consultant’s Review of TIA and Parking Analysis TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D because the request is for a Zoning Change and Site Plan. There is approximately 38% existing tree cover on the site, of which 0% is proposed to be preserved. A standard zoning district requires that a minimum 60% of existing tree cover be preserved. 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. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; Case No. Attachment A ZA18-006 Page 3 ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on December 12, 2017. A link to the report is provided. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held on October 4, 2017. A link to the report is provided. Link to Corridor Planning Committee Report PLANNING AND ZONING COMMISSION ACTION: April 5, 2018; Approved (7-0) to table until the next scheduled Planning and Zoning Commission meeting (April 19, 2018). April 19, 2018; Approved (5-0) to table to the May 17, 2018 meeting. May 17, 2018; Approved (6-0) to table to the June 7, 2018 meeting. June 7, 2018; Approved (5-1) subject to the staff report dated June 7, 2018 to develop a five-story full service hotel with 134 rooms and three outparcel lots with a total of approximately 15,000 square feet on approximately 6.004 acres and approving the variance requests: 1) Proposing a stacking depth of approximately 75’ on the S.H. 114 driveway and approximately 47’ on the two Kirkwood Blvd. driveways, 2) Proposing a centerline spacing of approximately 231’ between the two proposed driveways on Kirkwood Blvd., 3) Requesting to not construct deceleration lanes on the two Kirkwood Blvd. driveways. Vice-Chairman Kubiak voted against approval of the item based on the following issues: 1) The three restaurants are too much and the development is too dense. Consider losing one of the restaurants. 2) The hotel and the restaurants need to be tied together on the site better. 3) The revised elevations are a step in the right direction, but not enough. 4) The Land Use Plan calls for a full service hotel. The hotel presented does not appear to meet the criteria for a full service hotel and it is Case No. Attachment A ZA18-006 Page 4 not consistent with the City’s desire for the site. Provide a direct comparison with the Cambria hotel and other full service hotels. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 5, dated June 7, 2018. The criteria for granting a variance to Driveway Ordinance No. 634 are below: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create and unnecessary hardship or practical difficulty on the applicant, that the si tuation causing 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 ZA18-006 Page 1 Case No. Attachment C ZA18-006 Page 1 CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA18-006 Review No.: Five Date of Review: 06/7/18 Project Name: Zoning Change and Concept/Site Plan – Southlake Meadows APPLICANT: Josh Wilks Engineer: Jimmy Fechter Wilks Southlake Development Adams-Engineering 17018 I-20 8951 Cypress Waters Blvd. Suite 150 Cisco, TX 76437 Dallas, TX 75019 Phone: (817) 850-3600 Phone: (817) 328-3215 E-mail: josh.wilks@wilksdevelopment.com E-mail: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/6/18 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 “S-P-2” zoning is a site specific zoning district. Any changes t o Concept Plan, regulations, design guidelines or deviations from example renderings or materials approved with the zoning will require approval of a zoning change by City Council following a recommendation by the Planning and Zoning Commission. 2. A Plat Revision that conforms to the underlying zoning district must be processed , approved and recorded prior to the conveyance of any lots or the issuance of any building permits. 3. The following variances to the Driveway Ordinance No. 634 are requested: a. Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum centerline spacing between driveways of 250’. A variance is requested to allow the spacing of approximately 231’ between the driveways on Kirkwood Blvd. as shown. b. Driveway Ordinance No. 634, as amended, Section 5.2(d) requires a minimum driveway stacking depth of 100’. A variance is requested to allow the approximately 75’ stacking depth provided on the SH 114 driveway and the approximately 47’ stacking depths on the two Kirkwood Blvd. driveways. c. Driveway Ordinance No. 634, as amended, Section 5.4 requires a deceleration lane for any driveway located on an arterial street if the right turn ingress volume exceeds 50 vehicles in the design hour. If the street facility exceeds 40 MPH, a decelerat ion lane may be required if 40 turn ingress vehicles occur in the design hour. The applicant is requesting a variance to not construct deceleration lanes on the two Kirkwood Blvd. driveways. 4. Please make the following changes to the “S -P-2” Regulations: a. Add a description of the parking structure under the regulations to include the exterior façade materials. b. Add the area of the restaurant and lounge space (3,500 sf) back in the Lot 1 regulations. c. Clarify the trigger for the construction of the parking structure (or the scenarios in which the structure will not be provided) by revising the sentence to include all possible uses and scenarios of future development of the outparcel lots. Case No. Attachment C ZA18-006 Page 2 5. An 8’ multi-use trail is required along SH114 and a 5’ sidewalk is requi red along Kirkwood. Connect the sidewalks at the intersection. Show and label the correct widths and types of the sidewalks on SH 114 and Kirkwood Blvd. on all plans. 6. Please make the following changes to the Concept Plan: a. Please revise the lot line so that the parking structure is entirely within one lot and does not cross a lot boundary and then revise the Site Data Summary Chart accordingly. Consider placing the parking structure on its own lot. b. The lane to the trash receptacle enclosure requires a tru ck to back up approximately 130’ adjacent to parking spaces. Please consider revising the dumpster location to reduce the length of the access lane. Verify with Republic Services that the access lane length meets their requirements. 7. Please make the following changes to the Site Plan: a. Revise the lot boundary so that the parking structure is located entirely on one lot and then revise the Site Data Summary Chart accordingly. 8. The following comments are in regard to the elevations and renderings: a. Provide elevations of the parking structure with materials labeled. Add a regulation to allow the articulation as shown if the articulation requirements will not be met. b. Please change or remove the development name on the corner renderings. There is already a development called Southlake Meadows. c. The stucco proposed must be applied using the 3 -step process as stated in Zoning Ordinance No. 480, as amended, Section 43.9.c.1.a. Add a request for a variance to the Masonry Ordinance in the variance section and a regulation allowing the materials shown in the Development Regulations if at least 80% of any façade is not covered by a permitted masonry material. d. Staff recommends providing a material sample board of each material shown on the elevations including the PTAC vents, wood powder coating and prefinished metal canopy. 9. Staff recommends providing a pedestrian connection from the parking structure to Lots 2 and 3. 10. Staff recommends specifying tree types on the landscape plan. 11. Staff strongly recommends providing the following plans and exhibits: a. Color renderings, design guidelines and material samples for outparcel lots. b. Example color rendering and material sample of the retaining walls. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Case No. Attachment C ZA18-006 Page 3 1. On the Tree Conservation Plan, provide the tree tags number for each tree surveyed. * The applicant is proposing that the tree removal be as shown on the plan. If the development were proposed as straight zoning it would not comply with the Existing Tree Cover Regulations of the Tree Preservation Ordinance. There is approximately 38% of existing tree cover on the site and a minimum of 60% of the tree cover would be re quired to be preserved. 0% of the existing tree cover is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve e xisting tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a nat ural 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 Case No. Attachment C ZA18-006 Page 4 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 a ll structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE AND BUFFERYARDS COMMENTS: 1. The north bufferyard is incorrectly labeled. It is a 10’ – E bufferyard instead of a 10’ – B. It is correctly shown in the Bufferyards Summary Chart. 2. In the Accent Tree and Shrubs “Provided” section of the Bufferyards Summary Chart provide the “Required” amount of Accent Trees and Shrubs. 3. On Lot 1 at least three (3) of the parking landscape islands are less than 12’ in width and do not contain the required Canopy Trees. Parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to- edge if no curb is intended, and shall be equal to the length of the parking stall. All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. 4. There is a fire hydrant in the parking landscape island directly in front of the building on Lot 1 and a canopy tree is proposed to be planted within the island. It is an offense to plant a tree within ten feet (10’) of an existing or proposed fire hydrant unless approved in writing by the Fire Department. Two (2) accent trees may be placed on each side of the hydrant in place of the required canopy tree. 5. Ensure that all electrical transformers and mechanical equipment are sufficiently screened for visibility from the right-of-way. * The applicant is proposing that the Lot 1 east bufferyard be variable width and contain portio ns of a patio and parking. Proposed patio, and parking are proposed with the required 10’ – B bufferyard along the east property line of Lot 1 and Lot 4, and the northwest edge of the parking spaces facing State HWY 114, and a portion of a patio are propos ed within the required west 25’ – J bufferyard on Lot 3. USE OF BUFFERYARDS – A bufferyard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA18-006 Page 5 Public Works/Engineering Review GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. WATER COMMENTS: 1. For Lots 2, 3, and 4 the domestic services and fire services will need to be separate taps off the water main. DRAINAGE COMMENTS: 1. The existing run-off is about 17 cfs and the proposed run -off is 42 cfs. Please provide detention or show that the increased run-off has no adverse impacts downstream. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre-construction, construction and post-construction erosion control measures. * Access permit is required prior to construction of the driveway on SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * 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 discharged must be pretreated per Ordinanc e No. 836. *=Denotes informational comment. Fire Department Review GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler systems can be located on the risers if the risers are within 100 feet of the water main, mea sured linearly along the length of the pipe. If the risers are further than 100 feet from the main, the double check valves shall be in vaults. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Fire line to Lot 1 and Lot 3 are in excess of 100 feet Case No. Attachment C ZA18-006 Page 6 from the water main) Indicate locations of riser rooms. FIRE HYDRANT COMMENTS: Fire Department Connections for sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC on Lot 2 does not meet requirement) (Also, locations of various retaining walls could affect measurement distances from FDC to fire hydrants, measurements could be required to be taken around the retaining walls depending on finished height). General Informational Comments * A SPIN meeting for this project was held on December 12, 2017. * Future development of the outparcel lots will require approval of a Site Plan by City Co uncil following a recommendation by the Planning and Zoning Commission. * An application for a Plat Revision must be processed and approved by the City and a Plat Revision recorded with the County to subdivide the lots as shown on the Concept Plan. * 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 Z oning 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 a portion of this property lies within the 65 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 Fe es. * 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 ZA18-006 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. U S A AG 3295 N WHITE CHAPEL BLVD 5.47 NR 2. NGUYEN, HIEU VAN RPUD 557 ROUND HOLLOW LN 0.88 NR 3. CANTELE, JOHN W RPUD 565 ROUND HOLLOW LN 0.60 NR 4. XU, LIYU RPUD 560 ROUND HOLLOW LN 0.69 NR 5. MILHIZER, ERIC RPUD 569 ROUND HOLLOW LN 0.49 NR 6. ROTHENBACH, THOMAS A RPUD 570 ROUND HOLLOW LN 0.67 NR 7. DUCANES, A CHRISTOPHER RPUD 573 ROUND HOLLOW LN 0.51 NR 8. FRAGA, MARK RPUD 526 ROUND HOLLOW LN 0.62 NR 9. ALTIMONT, DAVID RPUD 520 ROUND HOLLOW LN 0.56 NR 10. ZEALLOS, JUAN RPUD 516 ROUND HOLLOW LN 0.73 NR 11. CURTISS, THOMAS L RPUD 509 ROUND HOLLOW LN 0.61 NR 12. DICKSTEIN, MICHAEL RPUD 505 ROUND HOLLOW LN 0.57 NR 13. SALESKI, MARK RPUD 2816 TYLER ST 0.56 NR 14. FISCHER, DIRK T RPUD 2815 TYLER ST 0.68 NR 15. KIRKWOOD HOLLOW HO ASSOC RPUD 2819 TYLER ST 1.17 NR 16. PARKER, THANE D RPUD 2813 TYLER ST 0.65 NR 17. SABRE HEADQUARTERS LLC NRPUD 3150 SABRE DR 25.45 NR 18. KIRKWOOD HOLLOW HO ASSOC RPUD 2818 TYLER ST 0.10 NR 19. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1001 W KIRKWOOD BLVD 11.26 NR Case No. Attachment D ZA18-006 Page 2 20. DALLAS MTA LP NRPUD 747 W STATE HWY 114 19.99 NR 21. DALLAS MTA LP NRPUD 747 W STATE HWY 114 0.24 NR 22. WILKS SOUTH LAKE DEVELOPMENT NRPUD 3410 T W KING RD 0.41 NR 23. THOMPSON, KENNETH L RPUD 3521 MATADOR RANCH RD 0.48 NR 24. BENNETT, MICHAEL RPUD 3517 MATADOR RANCH RD 0.47 NR 25. BRAZOS ELECTRIC POWER CORP NRPUD 3411 T W KING RD 3.71 NR 26. U S A AG 3050 N WHITE CHAPEL BLVD 94.78 NR 27. HALL, PATRICK S RPUD 617 RANCHO LAREDO TRL 0.46 NR 28. JONI L WOMACK LIVING TRUST RPUD 613 RANCHO LAREDO TRL 0.44 NR 29. ONCOR ELECTRIC DELIVERY CO LLC NRPUD 3401 T W KING RD 2.23 NR 30. MCCRAY, KENNETH RPUD 3520 MATADOR RANCH RD 0.46 O 31. PAULSEN, DEREK J RPUD 3500 SUNRISE RANCH RD 0.48 NR 32. U S A AG 3600 N WHITE CHAPEL BLVD 19.84 NR 33. SOUTHLAKE, CITY OF RPUD 3728 N WHITE CHAPEL BLVD 10.39 NR 34. TRINITY RIVER AUTHORITY OF TX SP1 3200 N WHITE CHAPEL BLVD 0.27 NR 35. SOUTHLAKE, CITY OF RPUD 3000 N WHITE CHAPEL BLVD 5.10 NR 36. BROWN, MICHAEL RPUD 561 ROUND HOLLOW LN 0.94 NR 37. ALLAM, SRIDHAR RPUD 577 ROUND HOLLOW LN 0.61 NR 38. DELEMOS, JAMES A RPUD 581 ROUND HOLLOW LN 0.87 O 39. BAKSHI, UTPAL RPUD 524 ROUND HOLLOW LN 0.60 NR 40. ROOP, THOMAS RPUD 512 ROUND HOLLOW LN 0.70 NR 41. DANG, VI RPUD 508 ROUND HOLLOW LN 0.62 NR 42. BARDEN, VIC RPUD 3513 MATADOR RANCH RD 0.66 NR 43. BEN-MEIR, NAPHTALI RPUD 3505 MATADOR RANCH RD 0.47 NR 44. SHUTE, SCOTT RPUD 3509 MATADOR RANCH RD 0.48 NR 45. HENDERSON, JOSEPH WILLIAM RPUD 3501 MATADOR RANCH RD 0.47 NR 46. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1400 W KIRKWOOD BLVD 13.77 NR 47. DALLAS MTA LP NRPUD 747 W STATE HWY 114 4.38 NR 48. DALLAS MTA LP NRPUD 747 W SH 114 0.08 NR 49. SOUTHLAKE CITY NRPUD 1050 W KIRKWOOD BLVD 4.39 NR 50. SINNOTT, ROBERT A RPUD 504 ROUND HOLLOW LN 0.69 NR 51. BADYLAK, JOHN RPUD 500 ROUND HOLLOW LN 0.58 NR 52. TD AMERITRADE SERVICES COMPANY NRPUD 1051 W KIRKWOOD BLVD 78.39 NR 53. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1901 W KIRKWOOD BLVD 5.98 NR 54. U S A AG 3400 N WHITE CHAPEL BLVD 16.97 NR 55. WILKS SOUTH LAKE DEVELOPMENT NRPUD 3415 T W KING RD 4.29 NR 56. WILKS SOUTH LAKE DEVELOPMENT NRPUD 1750 W KIRKWOOD BLVD 2.95 NR 57. SABRE HEADQUARTERS LLC NRPUD 1600 W KIRKWOOD BLVD 9.15 NR 58. REDUS TEXAS LAND LLC NRPUD 3400 E T W KING RD 2.31 NR 59. BRE SOLANA LLC NRPUD 1900 W KIRKWOOD BLVD 19.99 NR 60. MAGUIRE PTNRS-SOLANA LTD RPUD 812 W SH 114 0.05 NR 61. MAGUIRE PTNRS-SOLANA LTD RPUD 812 W STATE HWY 114 1.32 NR 62. TOLL DALLAS TX LLC RPUD 2509 AMELIA ISLAND PATH 0.48 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-seven (47) Responses Received within 200’: Two (2) – Attached Case No. Attachment D ZA18-006 Page 3 Case No. Attachment D ZA18-006 Page 4 Case No. Attachment E ZA18-006 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-740 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 1R1R2, BLOCK 1, SABRE GROUP CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 6.007 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “NR-PUD” NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S-P-2" GENERALIZED 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 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 “NR-PUD” Non- Residential Planned Unit Development District under the City’s Comprehensive Zoning Case No. Attachment E ZA18-006 Page 2 Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: 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 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 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 approp riate 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 Case No. Attachment E ZA18-006 Page 3 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tr act or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas being approximately 6.007 acres, and more fully and completely described in Exhibit “A” from ““NR-PUD” Non-Residential Planned Unit Development District to "S-P-2" Generalized Site Case No. Attachment E ZA18-006 Page 4 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 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 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. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to 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 bui ldings and encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA18-006 Page 5 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 s aid 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 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 affe cted by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA18-006 Page 6 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 sett ing out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of _____, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA18-006 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-006 Page 8 EXHIBIT “A” Being described as Lot 1R1R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 6.007 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-006 Page 9 EXHIBIT “B” Reserved for approved Site Plan