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Item 4FCASE NO: ZA19-0006 SOUTHLAKE PLANNING & DEVELOPMENT SERVICES STAFF REPORT February 12, 2019 PROJECT: Zoning Change and Site Plan for Highland Corner EXECUTIVE SUMMARY: Resort Homes of Texas LP is requesting approval of a Zoning Change and Site Plan for Highland Corner on property described as Lots 1-8x, Block A, Highland Corner Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1030, 1100, 1110, 1120, 1130, 1140, 1150 and 1160 N. Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #4. DETAILS: The proposed development is located on the southwest corner of E. Highland St. and N Kimball Ave. On October 17, 2018, City Council approved a zoning change and site plan for the Highland Corner office development. Specific details of that approval are found in the history section of this report (Attachment A, pages 1 & 2). The approval included specific detailed and colored building elevations (brown). The purpose of this request is to obtain approval of a zoning change and site plan that will allow a change (gray) in the previously approved color palette for the seven (7) office buildings. All other components previously approved for the Highland Corner development shall remain. ACTION NEEDED: Consider approval of a 11t Reading for a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map * Due to the scope of this request, a review summary was not generated (C) Surrounding Property Owners Map and Responses (D) Ordinance No. 480-728a STAFF CONTACT: Case No. ZA19-0006 • Presentation • Elevations • Colored Rendering Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 BACKGROUND INFORMATION OWNER/APPLICANT: Resort Homes of Texas, LP — David Keener PROPERTY SITUATION: 1030, 1100, 1110, 1120, 1130, 1140, 1150 and 1160 N. Kimball Avenue LEGAL DESCRIPTION: Lots 1-8x, Block A, Highland Corner Addition; approximately 6.068 acres LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S -P-1" Detailed Site Plan District with "O-1" Office District uses PROPOSED ZONING: "S -P-1" Detailed Site Plan District with "O-1" Office District uses HISTORY: - The property was annexed into the Town of Southlake in 1956 as "AG" (Ord. No. 041). - A Plat was approved by City Council on April 15, 1986 for the Hanna Addition under Planning Case ZA86-009. - A Land Use Plan Amendment from Medium Density Residential to Mixed Use was approved by City Council on December 3, 2013 under Planning Case CP13-005. This LUD change was done during the approval process for Gateway Lakes. - A Plat Revision was approved by City Council on June 17, 2014 for Southlake Glen under Planning Case ZA14-042. - A Land Use Plan Amendment from Medium Density Residential and Mixed Use to Office Commercial was approved by City Council on October 17, 2018 under Planning Case CP17-005. - A Zoning Change and Site Plan for Highland Corner was approved by City Council on October 17, 2018 under Planning Case ZA17-043. The following is a summary of the approval: • Approved the variances for driveway stacking and spacing. • Approved the landscape plan presented at the meeting which indicated additional tree plantings along E Highland St. and clarifying the type of trees to be planted along the western and southern property boundaries to be cedars at a minimum of 5' tall at the time of planting. • Approving location of two trash dumpsters • Noting all mechanical equipment shall be placed on a portion of the building not facing Kimball Ave. or E. Highland St.; and if not practical, then mechanical equipment will be fully screened from view using either a wing wall of stone that matches the buildings or bushes planted at a height and thickness to fully screen the equipment. • With respect to Lot 7 in the northwest corner, to improve the landscaping with additional grass as discussed October 5, 2017. • Lot 7 will allow for cross access and pedestrian access. • No monument signage for E. Highland St. and no more than 20' Case No. Attachment A ZA19-0006 Page 1 north of the northern most drive on N. Kimball Ave. - A Preliminary Plat was approved by City Council on October 17, 2018 under Planning Case ZA17-042. - A Plat Revision was approved by City Council on January 16, 2018 under Planning Case ZA17-097. PLANNING & ZONING COMMISSION: February 7, 2019; Approved (6-0) as presented and subject to the Staff Report dated February 1, 2019. STAFF COMMENTS: Due to the scope of this request, a staff review summary report was not generated. All previously approved components regarding the Highland Corner office development shall remain. Case No. ZA19-0006 Attachment A Page 2 BLVD Vicinity Map Highland Corner p I Y'� .�` y1 •Y �vl Y 51 1941 1911 1931 1965 1991 2009 2545 I FTM 1112 1506 11{3# S5 2015 m n Y PG INS v 1 13 4UT JN�: &KE 2212 mo 890 2274 2248 � Fig E ON AY i 2231 2205 22479 2213 m OC vJ �dz� Q 201"4'7 J m J J p♦� Q o '& ,is 2421 Y 2 m 22m =4 LW E 2212 RA 20M FKI W001) BLVD 2iU4 atitl - �2 F -t *-E ZA 19-0006Zoning Change & Site Plan D 500 1.000 545 2,000 � Feet Case No. Attachment B ZA19-0006 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 8 I a City of i Grapevine 1T16 1]EG 1]19 1361 1911 1361 ���� 1961 1931 SIiS 1(u3 9015 4 1t" SOU e 91fi 1 e$x r� J 1$00 z'f E KI RHWOOD BLVD 1. LOTTER, DEBORA Zoning SF20A AddressOwner Physical 1108 SHADY LN ..- Response 0.46 NR 2. TUMMA, SUDHAKAR SF20A 1112 SHADY LN 0.48 NR 3. DANIEL, BILLY W SF20A 2204 YEARGAIN CT 0.46 NR 4. CHOWDHURY, FAROQUE ALAM SF20A 2200 YEARGAIN CT 0.50 NR 5. DATTA, FALGUNI SF20A 2205 YEARGAIN CT 0.47 NR 6. SUBEDI, SHANKESHWAR SF20A 2201 YEARGAIN CT 0.46 NR 7. GILDENBLATT, TOM SF20A 2204 PATTERSON WAY 0.47 NR 8. GILDENBLATT, TOM SF20A 2200 PATTERSON WAY 0.47 NR 9. HUNING, ERIC AG 2055 E HIGHLAND ST 0.13 NR 10. WILLIAMS, XAVIER D SF1-A 2009 E HIGHLAND ST 1.97 NR 11. PATTERSON, BURTON SF1-A 2160 E HIGHLAND ST 2.44 F 12. KIMBALL LAKES LLC B1 1200 N KIMBALL AVE 3.18 NR 13. FORDHAM, SCOTT SF1-A 2020 E HIGHLAND ST 0.89 NR 14. OWEN, RANDALL SF1-A 2130 E HIGHLAND ST 3.65 NR 15. PATTERSON, BURTON SF1-A 0.44 NR 16. STEGALL, MOLLY TZD 890 N KIMBALL AVE 1.53 NR 17. TRANSPORT WORKERS UNION, #513 01 759 N KIMBALL AVE 1.95 NR 18. TOLL DALLAS TX LLC TZD 2025 SOUTHLAKE GLEN DR 0.23 NR 19. STEEN, MARIA C TZD 2029 SOUTHLAKE GLEN DR 0.25 NR 20. SHEIKH, SUFYAN TZD 2032 SOUTHLAKE GLEN DR 0.28 NR 21. CHANG, DONG TZD 2024 SOUTHLAKE GLEN DR 0.32 NR 22. HUNING, ERIC A AG 2015 E HIGHLAND ST 0.81 NR 23. TANG, MING TZD 2016 SOUTHLAKE GLEN DR 0.32 NR 24. GRAHAM, SCOTT TZD 2020 SOUTHLAKE GLEN DR 0.32 NR 25. KH CORNER DEVELOPMENT LLC SPI 1160 N KIMBALL AVE 0.92 NR 26. HUNING, ERIC SF1-A 2145 E HIGHLAND ST 2.61 NR Case No. Attachment C ZA19-0006 Page 1 27. KH CORNER DEVELOPMENT LLC SPI 1140 N KIMBALL AVE 0.72 NR 28. KH CORNER DEVELOPMENT LLC SPI 1120 N KIMBALL AVE 0.58 NR 29. KH CORNER DEVELOPMENT LLC SP1 1150 N KIMBALL AVE 1.40 NR 30. KH CORNER DEVELOPMENT LLC SP1 1130 N KIMBALL AVE 0.62 NR 31. KH CORNER DEVELOPMENT LLC SP1 1110 N KIMBALL AVE 1.03 NR 32. KH CORNER DEVELOPMENT LLC SP1 1030 N KIMBALL AVE 0.63 NR 33. KH CORNER DEVELOPMENT LLC SP1 1100 N KIMBALL AVE 0.63 NR 34. MODY, PARTHIV TZD 2028 SOUTHLAKE GLEN DR 0.32 NR 35. City of Grapevine NR Responses: F: In Favor O: Opposed To Notices Sent: Thirty-five (35) Responses Received Case No. ZA19-0006 One (1) — in favor See attached response form U: Undecided NR: No Response Attachment C Page 2 Notification Response Form ZA19-0006 Meeling Date: February 7, 2019 at 6.30 PfW PAT7ERSON, BURTON 5680 MONTCLAIR DFS COLI_EYVILLE 1X 76034 Direct quastionmain d mail responses to: City of South lako Planning & Development Se4vlces Notrficaban Response 1400 Main St; Ste 310 Sauthkalie, 7W2 Rhone: 1817 744-M1 Fax: ( 7) 748-W77 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY 13EFOR:E THE START SOF THE SCHEDULED PUBLIC HF -ARIL . Bing the eis) nfthe property sa noted above, are hereby in fa r of opposed to undecided about (circle or ane cine) the proposed Zoning Change and Site Plan referenced above. Spaeefor oornments regard] ng your p orn: Signature: Date; AdditionalSignature: _ -- � , Date: Printed Name(s), apt be Pmne.yv c^.vrA g) name v? are pr -mw_ at ji . therm s,y Lzritact I a Plwming r)eparbrnen#. One fomper p open+. Phone Number (optional): _ � � � � Case No. Attachment C ZA19-0006 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-728a 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 LOTS 1-8X, BLOCK A, HIGHLAND CORNER ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.068 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P-1" DETAILED SITE PLAN DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the 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 under the City's Comprehensive Zoning 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 Case No. Attachment D ZA19-0006 Page 1 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 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 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 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 Case No. Attachment D ZA19-0006 Page 2 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 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 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 Case No. Attachment D ZA19-0006 Page 3 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 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 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, Case No. Attachment D ZA19-0006 Page 4 same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required 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 , 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: Case No. Attachment D ZA19-0006 Page 5 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment D ZA19-0006 Page 6 EXHIBIT "A" Being described as Lots 1-8x, Block A, Highland Corner Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 6.068 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment D ZA19-0006 Page 7 EXHIBIT "B" Reserved for approved Site Plan Case No. ZA19-0006 Attachment D Page 8