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Item 7 Case No. ZA21-0077 S T A F F R E P O R T October 1, 2021 CASE NO: ZA21-0077 PROJECT: Zoning Change and Site Plan for Nolen Office Park EXECUTIVE SUMMARY: 708 Studios, LLC, on behalf of Castle Hill Partners, is requesting approval of a zoning change and site plan for Nolen Office Park Addition, on property described as Lot 1, Block 2, of the Nolen Office Park Addition, City of Southlake, Tarrant County, Texas, located at 210-240 S. Nolen Drive, Southlake, Texas on . Current Zoning: “S-P-1” Detailed Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The property is located on the west side of S. Nolen Drive approximately 250 feet south of the intersection of E. Southlake Blvd. and S. Nolen Drive. The development has 4 office buildings totaling 26,974 square feet with 136 parking spaces. The purpose of this request is to add commercial schools as a permitted use with an approval of a specific use permit. *parking spaces number reduced by 4 spaces approved by City Council under ZA18-0061 ACTION NEEDED: 1) Conduct Public Hearing Nolen Office Park Approved ZA18-0061 Proposed ZA21-0077 Existing Zoning AG SP-1 with O-1 uses Proposed Zoning SP-1 with O-1 uses SP-1 with O-1 uses including commercial schools Gross Area 3.7 acres 3.7 acres No. of Buildings 4 4 % of Site Coverage 16.72% 16.72% % of Open Space 35.14% 35.14% % Impervious Coverage 64.86% 64.86% Area/ Percentage of Open Space 56,688 sf/35.14% 56,688 sf/35.14% Existing Building Floor Area 26,974 sf 26,974 sf Building Floor Area by Use Medical General Office 14,470 sf 12,504 sf 14,470 sf 12,504 sf Required Parking (Per Ord.) 140 spaces 136 spaces* Provided Parking 136 spaces* 136 spaces* Case No. ZA21-0077 2) Consider Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated October 1, 2021 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-757a Full Size Plans (for Commission and Council members only) Presentation Narrative Development Regulations Site Plan Proposed Parking Calculations STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA21-0077 Page 1 BACKGROUND INFORMATION OWNER: Castle Hill Partners APPLICANT: 708 Studios, LLC PROPERTY SITUATION: 210-240 S. Nolen Drive, Southlake LEGAL DESCRIPTION: Lot 1, Block 2, of the Nolen Office Park Addition, City of Southlake, Tarrant County, Texas CURRENT ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses and including commercial schools as a permitted use. HISTORY: The property was annexed into the Town of Southlake in 1956 as “AG” (Ord. No. 041). The property is the undeveloped remainder of the original tract from which Nolen Center to the north was developed. May 7, 2019; City Council approved a zoning change and site plan for a “S- P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses for a single lot office development with four single story buildings totaling approximately 26,974 square feet intended for mixed general and medical office use on approximately 3.7 acres; granting the Driveway Ordinance variance requests (stacking) as presented and the Masonry Ordinance variance request as presented; requiring all ground equipment associated with the office development be screened by evergreen shrubbery or plant materials; the pond is a retention pond with a detention element; and, noting the applicant’s willingness to add a total of seven (7) canopy trees that are 3-4 inch caliper in size – one (1) near bldg. one, two (2) near bldg. two, and four (4) near the pond with a preference to Bald Cypress. (ZA18-0061) CITIZEN INPUT: A SPIN meeting was held on September 28, 2021. SOUTHLAKE 2035 PLAN: Future Land Use Plan The site is designated “Retail Commercial” Purpose and Definition The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent Case No. Attachment A ZA21-0077 Page 2 single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Nolen Drive. to be a 3-lane undivided arterial with 70’ of right of way. A common access easement and driveway extends from Nolen Center into the northeastern portion of the tract providing access onto S. Nolen Drive. The existing constructed section of Village Center Drive is a 2-lane undivided collector street. The site has 2 access drives onto Village Center Drive. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a minimum 5’ sidewalks along S. Nolen Drive and S. Village Center Drive. The required sidewalks have been constructed with this development. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The development has shared access with the development to the north from S. Nolen Drive and has access from a constructed portion of Village Center Drive. When completed, Village Center Drive is planned as a 2-lane undivided collector with 60’ of right of way that will connect S. Nolen Drive to S. Kimball Avenue in the future. S. Nolen Ave. (between E. Southlake Blvd & Crooked Ln.) 24hr North Bound (3,036) South Bound (3,068) AM Peak (353) 11:45 AM – 12:45 PM Peak (345) 8:15 – 9:15 AM PM Peak (395) 4:30 – 5:30 PM Peak (345) 12:45 – 1:45 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for the proposed development. Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT General Office 13,000 s.f. 143 18 2 3 16 Medical Office 14,000 s.f. 506 33 17 25 37 * 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 The four commercial building site contains 136 parking spaces to park 13,000 square feet for general office and 14,000 square feet for medical office. The proposed fitness school use with a class size of 1- 25 maximum Case No. Attachment A ZA21-0077 Page 3 students. The proposed fitness facility in Suite 100 will require 9 parking spaces for the maximum class size. TREE PRESERVATION: No trees will be impacted by this request. UTILITIES: Water The site is served by an existing 8-inch water line within the development. Sewer The site is served by an existing 8-inch sewer line at the northeast corner of the property. STAFF COMMENTS: The Site Plan Review Summary No. 2, dated October 1, 2021, is located in Attachment ‘C’. Case No. Attachment B ZA21-0077 Page 1 Case No. Attachment C ZA21-0077 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0077 Review No.: Two Date of Review: 10/1/21 Project Name: Site Plan – Nolen Office Park Addition APPLICANT: 708 Studios, LLC OWNER: Castle Hills Partners Clara Carlisle Dr. Todd Plott 5000 Eldorado Pkwy #150 365 Miron Drive, Ste. A Frisco, TX 75033 Southlake, TX 76092 Phone: 214-789-6196 Phone: 817-416-8372 Email: Clara@708studios.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/20//2021 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 Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us Note: 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 No comments. _______________________________________________________________________________ Development Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. _______________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 Case No. Attachment C ZA21-0077 Page 2 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. _______________________________________________________________________________ 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. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a fully corrected building plans, must be submitted for approval and all required fees must be paid. * Denotes Informational Comment Case No. Attachment D ZA21-0077 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Address Acreage Response 1. LEEKEN SOUTHLAKE LLC C2 2425 E SOUTHLAKE BLVD 1.74 NR 2. INTERNATIONAL MBC INC SP1 2525 E SOUTHLAKE BLVD 0.89 NR 3. SS DAVIS INVESTMENT LLC ETAL C2 2615 E SOUTHLAKE BLVD 1.97 NR 4. ANDREWS-DILLINGHAM PROP. C2 2535 E SOUTHLAKE BLVD 0.84 NR 5. 2545 EAST LLC C2 2545 E SOUTHLAKE BLVD 0.92 NR 6. DREAM 7 EQUITIES LLC C2 2445 E SOUTHLAKE BLVD 0.68 NR 7. TOULA KIMBALL-SOUTHLAKE INVEST SP2 415 S KIMBALL AVE 1.64 NR 8. GEOTEL GROUP INC SP1 305 S NOLEN DR 1.83 NR 9. GRANTLAND PROPERTIES LLC C2 2625 E SOUTHLAKE BLVD 0.55 NR 10. CASTLE HILLS PROPERTY PTNERS SP1 200 S NOLAN DR UNIT 1 3.46 NR 11. BTR-8 SOUTHLAKE LLC SP2 2707 E SOUTHLAKE BLVD 5.76 NR 12. CESANDER, LAURENCE P O1 2485 E SOUTHLAKE BLVD 1.34 NR 13. DCTN3 373 SOUTHLAKE TX LLC SP1 2645 E SOUTHLAKE BLVD 1.64 NR 14. GMI HQ LLC SP2 2450 CROOKED LN 1.18 NR 15. HL INVESTMENTS LLC SP1 300 S NOLEN DR 1.83 NR 16. GMI HQ LLC SP2 2450 CROOKED LN 2.74 NR 17. GMI HQ LLC SP2 2450 CROOKED LN 6.90 NR 18. GMI HQ LLC SP2 2450 CROOKED LN 0.32 NR 19. 2021 PRIMROSE OFFICE II LLC SP1 200 S NOLEN DR 1.54 NR 20. Supt of Carroll ISD NR 21. Supt of Grapevine Colleyville ISD NR 22. Supt of Northwest ISD NR 23. Supt of Keller ISD NR Case No. Attachment D ZA21-0077 Page 2 F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty (20) Responses Received: In Favor: 0 Opposed: 0 Undecided: No Response: 20 Case No. Attachment E ZA21-0077 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses to date Case No. Attachment E ZA21-0077 Page 1 ORDINANCE NO. 480-757a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 2, NOLEN OFFICE PARK ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.7 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES AND INCLUDING COMMERCIAL SCHOOLS WITH APPROVAL OF A SPECIFIC USE PERMIT IN ACCORDANCE WITH SECTION 45 OF THE ZONING ORDINANCE NO. 480, AS AMENDED, 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, Case No. Attachment E ZA21-0077 Page 2 WHEREAS, the hereinafter described property is currently zoned as S-P-1” Detailed Site Plan District with “O-1” Office District uses 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 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 Case No. Attachment E ZA21-0077 Page 3 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 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 Lot 1, Block 2, of the Nolen Office Park Addition, City of Southlake, Tarrant County, Texas, being approximately 3.7 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with “O-1” Case No. Attachment E ZA21-0077 Page 4 Office District uses to “S-P-1” Detailed Site Plan District with “O-1” Office District uses and including commercial school uses, with approval of a specific use permit in accordance with Section 45 of the Zoning Ordinance No.480, as amended, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Council Motion: 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 Case No. Attachment E ZA21-0077 Page 5 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, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA21-0077 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 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 _________, 2021. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ___ day of _________, 2021. ________________________________ MAYOR ATTEST: Case No. Attachment E ZA21-0077 Page 7 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA21-0077 Page 8 EXHIBIT “A” Reserved for metes and bounds description Case No. Attachment F ZA21-0077 Page 1 EXHIBIT “B” Reserved for approved site plan