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Item 7DCase No. ZA18-0051 S T A F F R E P O R T January 29, 2019 CASE NO: ZA18-0051 PROJECT: Zoning Change & Site Plan for Kimball Heights EXECUTIVE SUMMARY: On behalf of Vikram Jangam, Trium Development Partners, LLC is requesting approval of a Zoning Change and Site Plan for Kimball Heights on property described as Lot 4, Block A, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 495 S. Kimball Ave., Southlake, Texas. Current Zoning: SF-1A Single Family Residential District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood # 8. DETAILS: The property is located along the east side of South Kimball Avenue, south of Pinnacle Point. The purpose of this request is to obtain approval of a zoning change and site plan that will accommodate a 6-lot office development, containing six single-story buildings for general and medical office use on approximately 3.96 acres. The S-P-1 Detailed Site Plan District zoning is proposed to allow any use permitted in the O-1 Office District. It is the intent of the proposed site plan to limit the total area of medical use to approximately 6,000 square feet throughout the entire site. * Parking shall be provided in aggregate at 4.68 spaces per 1,000 s.f. of building square footage and shared parking agreements shall be in place for the development as a whole: Site Data Summary Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Total Existing Zoning SF-1A SF-1A SF-1A SF-1A SF-1A SF-1A Proposed Zoning S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 Net Acreage 0.671 0.452 0.530 0.547 0.739 0.915 3.856 Floor Area SF *5,976 5,976 5,976 5,976 5,976 5,976 5,976 – Med 29,833 - Gen Open Space Area % 37.1% 26.7% 26% 29.8% 37.3% 41.6% 34.4% Impervious Coverage % 79.6% 69.6% 74% 70.2% 62.7% 58.4% 65.6% Parking required under O-1 General / *Medical Office use *42 25 25 25 25 25 167 Parking provided 25 20 27 25 31 40 168 Case No. ZA18-0051 Regulation Standard O-1 District S-P-1 Regulation Impervious Coverage Maximum 65% Maximum 65.6% for the site as a whole Parking General Office Parking is calculated as 1 space per 300 square feet / Medical Office Parking is calculated as 1 space per 150 square feet. All professional office use is required to start calculation at 8 spaces for the first 1,000 square feet. The required parking for this project equates to 167 spaces for the site as a whole. 168 Spaces for the site as a whole. Tree Preservation Minimum 60% Minimum 32% VARIANCE REQUEST: The following variance is requested: 1) The Subdivision Ordinance No. 483, as amended, requires that all lots be fronted on a public or private street. The applicant is requesting approval to allow the lots as shown with access by a common access easement with 24’ fire lanes. The following table lists the recommendations made by the Planning & Zoning Commission and the Applicant’s response: P&Z Recommendations Applicant’s Response A willingness to consider the topography and safest location for the sidewalk in keeping connectivity and consistency with the sidewalks to the north and south along Kimball Avenue. The applicant has agreed to this recommendation and relocated the proposed sidewalk accordingly. A willingness to reduce the number of trash enclosure locations from four to three by combining two into one. The applicant has removed the previously proposed trash enclosure location on the southeast side of the property and combined two in one on the south-central side of the property. Consider removing the parking spaces closest to Kimball on the northeast corner of the property. The applicant did not remove the spaces as recommended, however, enhanced landscaping at these locations to help screen the parking. Present City Council with a robust landscape along Kimball Avenue. The submitted revised landscape plan shows additional plantings on the west side of the two parking lot areas closest to Kimball Avenue. The plant material schedule shows 125 additional shrubs proposed in these areas. ACTION NEEDED: Consider approval of 1st Reading for a Zoning Change and Site Plan Case No. ZA18-0051 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated January 11, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-755 (F) Full Size Plans (for Commission and Council Members Only) • Presentation • S-P-1 Regulation Document • Plans • SPIN Report • Traffic Impact Analysis • Corridor Committee Meeting Report • Comprehensive Plan Review STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment B ZA18-0051 Page 1 BACKGROUND INFORMATION OWNER: Vikram Jangam APPLICANT: Trium Development Partners, LLC PROPERTY SITUATION: 495 S. Kimball Ave. LEGAL DESCRIPTION: Lot 4, Block A, Meadow Oaks Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: SF-1A – Single Family Residential District REQUESTED ZONING: S-P-1 – Detailed Site Plan District with O-1 – Office District uses HISTORY: - The Meadow Oaks subdivision was zoned A-3 Single Family District and a Final Plat filed in 1979. - The SF-1 Single Family District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 334 in 1986. - The SF-1A Single Family Residential District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 480 in 1989. SOUTHLAKE 2035 PLAN: Future Land Use Plan The site is designated “Mixed Use”. Purpose and Definition: To provide an option for large-scale, master-planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. Case No. Attachment B ZA18-0051 Page 2 Crooked/Kimball Small Area Plan The property is also included in the Crooked/Kimball Small Area Plan. The Future Land Use designation was changed from Low Density Residential to Mixed Use in 2012 as a result of the recommendations in that plan. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Kimball Ave. to be a 4-lane divided arterial with 88’ of right of way. Pathways Master Plan & Sidewalk Plan There is an existing 6’ sidewalk along the west side of S. Kimball Avenue. The proposed site plan indicates a 6’ sidewalk to be built on the east side of S. Kimball Avenue along the west boundary of the subject property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development has one direct access drive onto S. Kimball Avenue as well as two access points into the Pinnacle Point development to the north and one access point into the Church of Christ Our King development to the south. There is also one future access point onto Village Center Drive once that roadway is constructed. S. Kimball Ave. (between Crooked Ln. & E. Southlake Blvd.) 24hr North Bound (5,605) South Bound (5,039) AM Peak AM (505) 7:45 AM –8:45 AM Peak AM (557) 7:45 – 8:45 AM PM Peak PM (580) 4:30 – 5:30 PM Peak PM (460) 3:15 – 4:15 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was submitted for the proposed development. The applicant’s response to the staff Transportation Manager’s comments remains pending. See staff review Attachment ‘C’ page 7 for details. Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT Medical Office 5,976 217 15 8 11 16 General Office 29,833 330 41 6 8 39 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: There is approximately 29% of existing tree canopy coverage on the subject property. The applicant is proposing to preserve approximately 32%. This area is not identified as an area of Tree Cover/Open Space Area to be preserved on the on the ERP Map. CITIZEN INPUT/ BOARD REVIEW: A SPIN Forum for this project was held October 9, 2018. A 2035 Corridor Committee Meeting was held November 14, 2018. Links to the summary Case No. Attachment B ZA18-0051 Page 3 reports for those meetings can be found on page 2 of this report. PLANNING & ZONING COMMISSION: January 17, 2019; Approved (5-0) subject to the Staff Report dated January 11, 2019 and the Site Plan Review Summary No. 3, dated January 11, 2019; granting the requested variance stated in the staff report (lot frontage) and noting the applicant’s willingness for the following: 1. To consider the location of the required sidewalk along Kimball Avenue. 2. To reduce the number of trash enclosure locations from four to three by combining two receptacles into one enclosure location. 3. To consider removing the parking spaces closest to Kimball on the northeast corner of the property. 4. To present City Council with a robust landscape along Kimball Avenue. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 11, 2019. Variance Criteria: Subdivision Ordinance No. 483, Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1) This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2) Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor and Residential Adjacency Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y S-P-1 regulation written allowing a maximum 65.6% (development as a whole) Bufferyards Y S-P-1 regulation written to relieve lot-to-lot bufferyard requirements. All exterior bufferyards comply. Interior Landscape Y Complies Tree Preservation Y S-P-1 regulation written allowing a minimum 37% Sidewalks Y Complies Case No. Attachment B ZA18-0051 Page 4 Case No. Attachment C ZA18-0051 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0051 Review No.: Three Date of Review: 1/11/19 Project Name: Zoning Change and Site Plan – Kimball Heights APPLICANT: Trium Development Partners, LLC OWNER: Dan Anderson Vikram Jangam 5815 Elderwood Dr. 2300 Dean Way, Ste 110 Dallas, TX Southlake, TX Phone: 214-675-8411 Phone: 917-250-5147 Email: dbanderson@sbcglobal.net Email: vik@srivensys.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/2/19 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 THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. The Subdivision Ordinance No. 483, as amended, requires that all lots front on a public or private street. A Variance has been requested to allow lot configuration as proposed, with lots fronting on common access easement with 24’ fire lanes. 2. Show, label and provide common access easements (by plat revision or deed instrument) over the proposed internal driveways and stubs to north, east and south; connecting stubs must align horizontally and vertically with adjacent property. * A Plat Revision that complies with the underlying zoning must be processed, approved and recorded with the County prior to the issuance of any building permits. The Plat revision must be processed and approved by City Council prior to approval and execution of a Developer’s Agreement. Also, provide a copy of the executed cross access, reciprocal parking and property maintenance agreement. * Evaluate the feasibility of sidewalk construction. A retaining wall may be required. If the required sidewalk is configured outside of the public right of way, provide the necessary pedestrian access easement. * The proposed development is located less than 400 feet from the nearest single family residential property. Residential adjacency standards shall apply. These standards are in addition to the development regulations applicable to the underlying zoning district. * Please be aware when submitting for a building permit, any variation from an approved site plan or approved elevations and renderings will require a zoning change. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA18-0051 Page 2 The following are recommendations and observations by staff where your application may benefit and does not represent a requirement. • Staff recommends providing a materials sample board. • All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. The percentage of existing tree cover is 29%. Approximately 37% of the existing tree cover is proposed to be preserved. For standard zoning districts, a minimum of 60% of the existing tree cover would be required to be preserved. However, this is a proposal for “S-P 1” Detailed Site Plan District as is subject to the following: * (Section 7.2.b. Ord. 585, as amended) 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; (This area is not identified as an area of Tree Cover/Open Space Area to be preserved on the on the ERP 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 Case No. Attachment C ZA18-0051 Page 3 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. * If the site was being developed under a standard zoning district, preservation would be required in accordance with Table 2.0 below. For this site, 60% of the existing tree cover would need to be preserved. For properties developed under a standard zoning district, except as provided by subsection 7.2.b. (noted above) of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will 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. 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. LANDSCAPE COMMENTS: 1. Correct the “Required” interior landscape area in the Interior Landscape Summary Chart to reflect 50% of the total buildings floor area. 17,928 square feet. 2. In the Interior Landscape Summary Chart show the correct amount of interior landscape area being provided. There is more than 7,236 square feet of interior landscape area on the site. 3. It is assumed that existing tree credits are being taken for the required amount of interior landscape Accent Trees because only eighteen (18) of the total seventy-two (72) required are being provided. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. * The applicant is requesting that the landscaping be provided as shown. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA18-0051 Page 4 Public Works/Engineering Review Kevin Ferrer, PE Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Show proposed sidewalks along South Kimball Ave. on the plans. 3. Label the distances to the nearest drives or street intersections in both directions from the proposed drive. * Sidewalk escrow fees may need to be paid prior to the start of construction. (Site specific only with council approval.) * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 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. 2. Detention ponds shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. 3. Modify Easements in such a way that they don’t overlap, see proposed water easement and drainage easement by building 4. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER COMMENTS: Case No. Attachment C ZA18-0051 Page 5 1. Extend/stub a water line to the adjacent property north between building 3 and 4 to allow for future looping. 2. All water line stubs must have 2 joints past the valve with a 2” blow-off per the City’s details. 3. Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non- sprinkled buildings or 600’ for sprinkled buildings. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1” inch meter must have a 1” tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: 4. Extend sanitary sewer to the eastern property line and provide sewer stub to adjacent property. Developer shall provide field verified documentation from an engineer stating the reasons for not extending sewer to eastern lot. Ordinance #440. Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. * Sanitary sewer in easements or right of way shall be constructed to City standards. * Dry sewer pipe system shall be installed for future use if not providing sewer per Ordinance No. 440 and 514. DRAINAGE COMMENTS: 1. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 10 and 100- year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. 2. Provide Pre and Post development drainage maps with summary tables for common outfalls. 3. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must be installed outside the edge of pavement. Ordinance #605 defines easement requirements for storm sewer: 30” RCP and under - 15’ easement 42” – 54” RCP - 20’ easement 60” – 66” RCP - 25’ easement 72” – 102” RCP - 30’ easement Over 102” RCP – 3.5 times diameter 4. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. Case No. Attachment C ZA18-0051 Page 6 * Proposed swales shall be size to contain the 1% storm even on subject property. * Property drains into a Critical Drainage Structure #27 and requires a fee to be paid prior to beginning construction ($878.95/Acre). * Discharge of post development runoff must have no adverse impact on downstream & upstream properties and meet the provisions of Ordinance No. 605. 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 * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * 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. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or 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 Ordinance No. 836. *=Denotes informational comment. Case No. Attachment C ZA18-0051 Page 7 Fire Department Review Kelly Clements Deputy Fire Chief / Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Ensure fire lane on the east end of the property connects to the existing fire lane on the property to the south) FIRE HYDRANT COMMENTS: Hydrants are required at a maximum spacing of 300 feet for commercial locations that contain un-sprinkled buildings. (Hydrants are spaced in excess of allowable distances for un-sprinkled buildings) (Add a fire hydrant near the entrance to the property to meet the requirement) Public Works/Transportation Review Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us TRAFFIC IMPACT ANALYSIS: 1. Split phasing is not currently used for the Kimball Ave approaches. Update the “Existing Intersection Geometry” section and the Synchro files. 2. According to the latest site plan, not all of the square footage is dedicated to office usage. Update the Trip Generation/Distribution and Synchro files with the proposed trips based on the medical office and general office usage. 3. Re-analyze the WB approach. The projected PM queue and delay is shorter than the projected AM queue and delay, which does not make sense for a site exit. SITE PLAN: 1. Neither the site plan nor the grading plan show adequate information regarding the removal of the existing retaining wall on the site. General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All lighting must comply with the Lighting Ordinance No. 693, as amended. Case No. Attachment C ZA18-0051 Page 8 * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * 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. * The applicant should be aware that prior to issuance of a building permit the following may be required: 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. Case No. Attachment D ZA18-0051 Page 1 SURROUNDING PROPERTY OWNERS Kimball Heights Owner Zoning Address Acreage Response 1. PEARSON, CAREY SF1-A 695 S KIMBALL AVE 2.08 F 2. PEARSON, CAREY SF1-A 2300 CROOKED LN 2.22 NR 3. FOX, TODD SF1-A 605 S KIMBALL AVE 2.41 NR 4. MARX, RODERICK SF1-A 2350 CROOKED LN 2.30 NR 5. MULLER, RICHARD J SF1-A 2400 CROOKED LN 2.16 NR 6. TRI DAL REAL ESTATE LTD SF1-A 505 S KIMBALL AVE 4.03 NR 7. JAISWAL, NITIN SF20A 2136 KIMBALL HILL CT 0.52 NR 8. CHURCH OF CHRIST OUR KING SP1 595 S KIMBALL AVE 3.96 NR 9. CARROLL, ISD CS 400 S KIMBALL AVE 35.39 NR 10. ZADA M WHITE ESTATE TRUST SF1-A 2450 CROOKED LN 3.20 NR 11. 495 KIMBALL LLC SF1-A 495 S KIMBALL AVE 3.96 F 12. PINNACLE POINT BUILDING LLC SP2 405 S KIMBALL AVE 2.66 NR 13. SP SOUTHLAKE-KIMBALL II LLC SP2 455 S KIMBALL AVE 7.30 NR 14. ZADA M WHITE ESTATE TRUST AG 2450 CROOKED LN 12.94 NR 15. SP SOUTHLAKE-KIMBALL I LLC SP2 415 S KIMBALL AVE 1.64 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent Within 200’: Fifteen (15) Responses Received: Two (2) in favor – see attached Case No. Attachment D ZA18-0051 Page 2 Case No. Attachment D ZA18-0051 Page 2 Case No. Attachment E ZA18-0051 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-755 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 4, MEADOW OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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 “SF-1A” Single Family Residential District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA18-0051 Page 2 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 o f 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 determin ed 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 and 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 u se 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, Case No. Attachment E ZA18-0051 Page 3 WHEREAS, the City Council of the City of Sout hlake, 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 tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the Ci ty 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 4, Meadow Oaks Addition, City of Southlake, Tarrant County, Texas, being approximately 3.86 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential District to “S-P-1” Detailed Site Plan District as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA18-0051 Page 4 City Council 1st reading motion – SECTION 2. That the City Manager is hereby directed to correct the Officia l 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 inta ct 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 ove r-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 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, Case No. Attachment E ZA18-0051 Page 5 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 th e tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation Case No. Attachment E ZA18-0051 Page 6 of any of its provisions, then the City Secretary shall additionally publ ish 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 afte r its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _______ day of _______, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _______ day of ______, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ Case No. Attachment E ZA18-0051 Page 7 ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0051 Page 8 EXHIBIT “A” Reserved for legal description EXHIBIT “B” Reserved for approved zoning regulations and site plan exhibits