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Item 11 - Staff MemoCase No. ZA22-0029 S T A F F R E P O R T July 29, 2022 CASE NO: ZA22-0029 PROJECT: Zoning Change and Site Plan for The Wheelhouse EXECUTIVE SUMMARY: Wheelhouse Garages, LLC is requesting approval of a Zoning Change and Site Plan, to include a variance to the Masonry Ordinance No. 557, as amended, for the Wheelhouse, on property described as Tracts 6C, 6C02, 6C03, 6C01A, Jesse G. Allen Survey Abstract No. 18, City of Southlake, Tarrant County, Texas, and located at 880-950 Davis Blvd., Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. Requested Zoning: “S-P-1” Detailed Site Plan District with “C-3” General Commercial District uses. SPIN Neighborhood #10. DETAILS: The property is located on the west side of Davis Blvd. approximately 400 feet north of the W. Continental Blvd./ Davis Blvd. intersection. The purpose of this request is to seek a zoning change and site plan approval for minor amendments to the currently adopted site plan and to amend the permitted uses for the site. The applicant is requesting to remove the “I-1” Light Industrial District uses from Lot 2, and permit “C-2” Local Retail District uses (cumulatively includes C-1 and O-1 uses) on Lot 2 and Building 1A of Lot 1, the two buildings facing Davis Blvd. Buildings 1B and 3 of Lot 1 and buildings 4 and 5 of Lot 3 will retain the same garage and storage uses, including currently permitted uses of “Maintenance of Personal Vehicles” and “Hobby Shop for Personal Use”. Lot 5 (currently known as Lot 7 on the adopted Site Plan), will see no change in zoning and will retain the “I-1” Light Industrial District zoning. Lot 4 will remain passive open space. A more significant change from the currently adopted Site Plan, is that the two existing Industrial Buildings on the site are now proposed to be removed, rather than renovated. The new building, shown as Building 1B, is roughly the same size and proportions as the existing buildings. The total floor area of all buildings will total 85,721 square feet, as opposed to the currently adopted Site Plan which reflects floor area as 85,835 square feet. Case No. ZA22-0029 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #2, dated July 29, 2022 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-795 Full Size Plans (for Commission and Council members only) Narrative Proposed Regulations C-2 Cumulative Uses Corridor Planning Committee Report SPIN meeting Report PowerPoint Presentation Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Reagan Rothenberger (817) 748-8602 Site Data Summary LOT 1 LOT 2 LOT 3 LOT 4 (Open Space Lot) TOTAL IN S-P-1 BOUNDARY LOT 5 (NO ZONING CHANGE) ZONING (CURRENT/ PROPOSED) S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 S-P-1 1-1 1-1 FUTURE LAND USE (CURRENT/ PROPOSED) MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE MIXED USE GROSS ACERAGE 2.244 AC 1.310 AC 1.366 AC 1.314 AC 6.233 AC 0.716 AC NET ACERAGE 2.244 AC 1.310 AC 1.366 AC 1.314 AC 6.233 AC 0.716 AC % OF SITE COVERAGE 45.2% 27.2% 43.8% 0.0% 31.5% 0.0% % OF OPEN SPACE 12.9% 17.1% 17.2% I 00.0% 33.1% 100.0% S.F. AREA OF OPEN SPACE 12,578 SF 9,755 SF 10,247 SF 57,223 SF 89,803 SF 31,204 SF % OF IMPERVIOUS COVERAGE 87.1% 82.9% 82.8% 0.0% 66.9% 0.0% S.F. AREA OF IMP. COVERAGE 85,167 SF 47,308 SF 49,239 SF 0 SF 181,714 SF 0 SF BUILDING USE BLDG 1 A: OFFICE SHOW ROOM / RETAIL BLDGS 1B & 3: GARAGES OFFICE / RETAIL / SHOW ROOM GARAGES N/A GARAGES N/A FLOOR AREA 44,143 SF 15,548 SF 26,030 SF 0 SF 85,721 SF 0 SF NUMBER OF STORIES I N/A N/A MAXIMUM BUILDING HEIGHT 30'-0" 30'-0" 30'-0" N/A 30'-0" N/A REQUIRED PARKING 11 SPACES (1:240 SF) 65 SPACES (1: 240 SF) 0 SPACES 0 SPACES 76 SPACES 0 SPACES PROVIDED PARKING 17 SPACES 62 SPACES 0 SPACES 0 SPACES 79 SPACES 0 SPACES Case No. Attachment A ZA22-0029 Page 1 BACKGROUND INFORMATION OWNER: Wheelhouse Retail, LLC APPLICANT: Wheelhouse Garages, LLC PROPERTY SITUATION: 880-950 Davis Blvd. LEGAL DESCRIPTION: Tracts 6C, 6C02, 6C03, 6C01A, Jesse G. Allen Survey Abstract No. 18, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use, 100 Year Flood-Plain, Medium Density Residential CURRENT ZONING: “S-P-1” Detailed Site Plan District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: - The existing home at 950 Davis Blvd. was built in 1972 (Source: TAD). - The property was annexed into the City in 1987 and given the “AG” Agricultural zoning designation. - A Zoning Change (ZA93-007) from “AG” Agricultural District to “I-1” Light Industrial District was approved April 20, 1993 for the existing tracts at 880 Davis Blvd. - A previous home at 900 Davis Blvd. was removed around 2014. - A Zoning Change (ZA19-0033) from “I-1” Light Industrial District to the currently adopted “S-P-1” Detailed Site Plan District was approved September 4, 2019. (Tract 7, now shown as Tract 5 in the proposed plan, has remained “I-1” and is also not a part of this zoning request.) SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designations for the site are primarily “Mixed Use” and “100-Year Floodplain” with a small portion of one of the proposed open space lots designated as “Medium Density Residential”. Purpose and Definition: The purpose of the Mixed Use land use category is 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 previously discussed. Case No. Attachment A ZA22-0029 Page 2 Purpose and Definition (100-Year Floodplain): The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The “floodplain” is an expanse of natural vegetation and wildlife and should be preserved as natural open area. Within the floodplain is “floodway” that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows Davis Blvd. to be a six-lane divided arterial with 130’ to 140’ of right of way. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a <8’ sidewalk along Davis Blvd. and the required 5’ sidewalk is shown on the plans. The Master Pathways Plan shows an 8’ or greater multi-use trail running north/south through the floodplain. A variance is requested to provide an easement in lieu of the multi-use trail. TRANSPORTATION ASSESSMENT: Area Road and Network Conditions The site proposes one access drive on Davis Blvd. and a driveway connection to the church property to the south. There are currently two driveways to the office and industrial buildings at 880 Davis Blvd. and one driveway to the existing single-family residence at 950 Davis Blvd. Davis Blvd. (F.M. 1938 (between W. Southlake Blvd. & Continental Blvd.) 24hr North Bound (15,000) South Bound (14,818) AM Peak (1,319) 7:00 AM – 8:00 PM Peak (897) 11:30 – 12:30 AM PM Peak (1,071) 5:15 – 6:15 PM Peak (1,532) 4:45 – 5:45 PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact: A Traffic Impact Analysis (TIA) was not required for the proposed development. TREE PRESERVATION: On lots 1-4 there is 37.62% of existing tree cover and a minimum of 60% of the existing tree cover would be required to be preserved. The applicant is proposing to preserve a maximum of 44.80% of the existing tree cover. The is no development proposed on Lot 5 and it currently complies with the Case No. Attachment A ZA22-0029 Page 3 existing tree cover preservation regulations. 100% of the existing tree cover is proposed to remain. It is noted on the Tree Conservation Plan that Lot 5 will be required to meet the requirements of the Tree Preservation Ordinance in effect at the time of lot development. 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 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. LANDSCAPE: 15’ Type T Bufferyards are provided along Davis Blvd., and 10’ Type D Bufferyards are provided along the south boundary. No bufferyard is required along the northern boundary. A 10’ F2 Bufferyard is provided at the western boundary of lots 2 and 3, adjacent to lot 4 which will remain Open Space. UTILITIES: A 6” water line exists in Davis Blvd. to serve the property. A 15” sewer line exists along the west property line to serve the property. DRAINAGE: Existing and proposed drainage on the property is to the 100-Year Floodplain that runs through the property. Case No. Attachment A ZA22-0029 Page 4 VARIANCES REQUESTED: These variances are identical to the previously approved variances for the adopted Detailed Site Plan Development Standards. Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) regarding stacking depth, to minimum 33’, for the entrance from Davis Blvd. Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.A, regarding lots abutting a street, to allow the lots as shown on the Site Plan. Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.D, regarding side lot lines, to allow the lots as shown on the Site Plan. Variance to Subdivision Ordinance No. 483, as amended, and the Master Pathways Plan, to provide an easement for possible future needs, but not require construction of an 8’ multi-use trail running north/south through the flood plain in Lot 6, as shown on the Site Plan. Variance to the Driveway Ord. No. 634, as amended, Section 5.1, which requires a minimum 500' driveway spacing for commercial driveways along F.M. 1938, to allow the spacings of 154' and 423' as shown. Variance to the Masonry Ord, No. 557-A, as amended, to allow the use of a sprayed insulated cork barrier type coating, such as “Duro- Pro Cork Barrier” or similar Elastomeric Stucco finish material, and the metal screening on the north elevations of Buildings 6 and 7, as shown on the building elevations. CITIZEN INPUT: The following meetings were held to discuss the development: A 2035 Corridor Planning meeting for this project was held on January 24, 2019. A SPIN meeting was held on August 13, 2019. STAFF COMMENTS: Attached is Review Summary No. #2, dated July 25, 2022. Case No. Attachment B ZA22-0029 Page 1 Case No. Attachment C ZA22-0029 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA22-0029 Review No.: Two Date of Review: 07/29/22 Project Name: Zoning Site Plan – The Wheelhouse APPLICANT: OWNER: Wheelhouse Garages, LLC Wheelhouse Garages, LLC Gary Shimmin Gary Shimmin 1313 Danbury Parks Drive Keller, TX 76248 1313 Danbury Parks Drive Keller, TX 76248 Phone: 559.871.0684 Phone: 559.871.0684 Email: gary@shimmin.us Email: gary@shimmin.us CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/29/22 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 REAGAN ROTHENBERGER AT (817) 748-8072. 1. The Site Plan must conform to the underlying zoning district. 2. Provide an application fee payment in the amount of $267.35. Cash or check payments can be made at the Utility Billing window, Suite 200 in Town Hall. Credit card payments may be made online by following the steps below: 1. Go to CSS (cityofsouthlake.com) 2. Click on “Pay Invoice” box or on "Pay Invoices" in the black strip 3. Enter the invoice number (not the case number) in the search box (INV-00018924. 4. Click on the blue “Pay Now" button at the top right of the invoice. 3. Place the City case number “ZA22-0029" on the plans for ease of reference. 4. Label presumed setback dimensions as “Setback”, i.e., 5 foot dimension on north side of property, and 14.56’ dimension on south side of property. 5. A vehicular access easement will be required to Lot 5 (formerly 7). 6. The pedestrian access easement in the proposed lot 4, in lieu of the future trail connection, is not clearly marked on the plans. 7. Façade plans building and lot number references do not match the site plan. * It is noted that this new Site Plan submittal is substantially similar to the existing Site Plan controlling this site. Most changes in the Development Regulations primarily focus on uses. The following are the variances requested for the previous site plan submittal (ZA19-0033), that will be requested again for this site plan submittal. The following variances are requested within the boundaries of this SP-1 district: • Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) regarding stacking depth, to minimum 33’, for the entrance from Davis Blvd. Case No. Attachment C ZA22-0029 Page 3 • Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.A, regarding lots abutting a street, to allow the lots as shown on the Site Plan. • Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.D, regarding side lot lines, to allow the lots as shown on the Site Plan. • Variance to Subdivision Ordinance No. 483, as amended, and the Master Pathways Plan, to provide an easement for possible future needs, but not require construction of an 8’ multi-use trail running north/south through the flood plain in Lot 6, as shown on the Site Plan. • Variance to the Driveway Ord. No. 634, as amended, Section 5.1, which requires a minimum 500' driveway spacing for commercial driveways along F.M. 1938, to allow the spacings of 154' and 423' as shown. • Variance to the Masonry Ord, No. 557-A, as amended, to allow the use of a sprayed insulated cork barrier type coating, such as “Duro-Pro Cork Barrier” or similar Elastomeric Stucco finish material, and the metal screening on the north elevations of Buildings 6 and 7, as shown on the building elevations. Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: * The proposed existing tree cover preservation on Lots 1 – 6 does not comply with the existing tree cover regulations of the Tree Preservation Ordinance, but it is almost identical to the previously approved Tree Conservation Plan for Case ZA19-0033. The difference is that one additional tree is proposed to be removed for the installation of the storm sewer in the west portion of the property. On Lots 1 – 4 there is 37.62% of existing tree cover and a minimum of 60% of the existing tree cover would be required to be preserved. The applicant is proposing to preserve a maximum of 44.80% of the existing tree cover. The is no development proposed on Lot 5 and it currently complies with the existing tree cover preservation regulations. 100% of the existing tree cover is proposed to remain. It is noted on the Tree Conservation Plan that Lot 5 will be required to meet the requirements of the Tree Preservation Ordinance in effect at the time of lot development. * 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 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 Minimum percentage of the existing tree Case No. Attachment C ZA22-0029 Page 4 site 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 natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: Case No. Attachment C ZA22-0029 Page 5 1. The parking landscape islands are not the required width. Parking lot islands shall have a minimum width of 12’ back-of-curb to back-of-curb if curbed, or 13’ edge-to-edge if no curb is intended and shall be equal to the length of the parking stall. 2. There are canopy trees proposed to be planted amongst existing canopy trees within the east corner of the south bufferyard. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review GENERAL COMMENTS: 1. Access to Lot 5 (Lot 7 on the Site Plan) appears to be cut off by the retaining wall. How will access be provided to this lot? The comment response states that access was provided west of Building 4. It appears that pedestrian access is provided to Lot 4. To better clarify, this comment is in reference to vehicular access to Lot 5. UTILITY COMMENTS: 2. Note #2 was revised, however, the reference to SDR-18, C-900 for all other water pipe was removed. * An encroachment agreement will be required for the construction of the retaining wall over the sewer pipe. DRAINAGE COMMENTS: 3. The proposed design does not provide onsite detention and states that the increase in runoff is less than 10%. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605, this includes no increases in the base flood elevation. Please provide a flood study showing that there are no adverse impacts to the up and downstream properties, and showing that the proposed design complies with the floodplain ordinance and drainage ordinance. 4. A drainage easement is required for the creek. The easement shall be sized for the 1% storm event plus one foot of freeboard, as specified in the Drainage Ordinance. 5. Any work within the floodplain requires a floodplain development permit, a flood study and approval from FEMA. Approval from FEMA will be required prior to release of the civil plans. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist to the Public Works Department through the online customer self service portal located here: CSS (cityofsouthlake.com). 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: Case No. Attachment C ZA22-0029 Page 6 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. * 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 Developer Agreement will 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. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Fire Department Review No comments based on submitted information. Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA22-0029 Page 7 General Informational Comments * The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above .. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment Case No. Attachment D ZA22-0029 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1. JOSEPH PENNINGTON INC AG 860 DAVIS BLVD 0.55 NR 2. TEXAS WHEELHOUSE LLC SP1 880 DAVIS BLVD 0.47 NR 3. SAFFE PROPERTY & CASUALTY LP I1 2113 GREENBRIAR DR 0.61 NR 4. TEXAS WHEELHOUSE LLC SP1 950 DAVIS BLVD 0.87 NR 5. PRIMSLAKE II LLC SP1 1100 DAVIS BLVD 1.58 NR 6. YUNXIN LLC SP1 945 DAVIS BLVD 0.68 NR 7. KJ MANAGEMENT LLC C2 1025 DAVIS BLVD 0.54 NR 8. RIG PROPERTIES LLC SP1 1125 DAVIS BLVD 1.19 NR 9. ZVONECEK, BRIAN AG 855 DAVIS BLVD 0.58 NR 10. HALL, MICHAEL C AG 911 DAVIS BLVD 1.12 NR 11. TRAN WEALTH PORTFOLIO GROUP LL C3 955 DAVIS BLVD 2.07 NR 12. NORTHEAST BAPTIST CHURCH CS 1000 DAVIS BLVD 3.35 NR 13. MATHIS, JESSICA D AG 755 DAVIS BLVD 1.00 NR 14. JOHNSON, GEORGE AG 2390 MICHAEL DR 1.13 NR 15. HPI SOUTHLAKE STORAGE LLC SP1 750 DAVIS BLVD 2.16 NR 16. K & B PROPERTIES LP AG 2365 MICHAEL DR 0.54 NR 17. JOSEPH PENNINGTON INC AG 860 DAVIS BLVD 1.15 NR 18. SIENA/SOUTHLAKE RES ASSOC INC SF20A 1003 SIENA DR 0.31 NR 19. COURTNEY, JAMES SF20A 1001 SIENA DR 0.44 NR 20. SUICH, KAREN SF20A 1005 SIENA DR 0.47 NR 21. LOCKHART, LAURA SF20A 1009 SIENA DR 0.47 NR 22. SIENA/SOUTHLAKE RES ASSOC INC SF20A 1003 SIENA DR 0.57 NR 23. MEEK, ROBERT A SF20A 925 SIENA DR 0.45 NR 24. COLLIER, CLYDE SF20A 918 SIENA DR 0.50 NR 25. MIOC, MARIANNE SF20A 914 SIENA DR 0.47 NR 26. GARITA, MARIO SF20A 1000 SIENA DR 0.48 NR Case No. Attachment D ZA22-0029 Page 2 27. MISHRA, ASHISH SF20A 1004 SIENA DR 0.47 NR 28. QUINN, WILLIAM AG 2465 MICHAEL DR 0.57 NR 29. JOHNSON, CHARLES A SF20A 801 PORTOFINO PL 0.62 NR 30. FITZHENRY, MATTHEW SF20A 805 PORTOFINO PL 0.65 NR 31. QUINN, WILLIAM AG 2445 MICHAEL DR 0.55 NR 32. WOODWARD, BENJAMIN SF20A 913 SIENA DR 0.68 NR 33. BAHRY, JEFFREY G SF20A 921 SIENA DR 0.53 NR 34. C&T LAWNS LLC AG 2425 MICHAEL DR 1.11 NR 35. PHINNEY, BRENT SF20A 917 SIENA DR 0.71 NR 36. STANFIELD, MARK W SP1 900 DAVIS BLVD 3.84 NR 37. RBJH REAL ESTATE LLC AG 2395 MICHAEL DR 1.04 NR 38. TEXAS WHEELHOUSE LLC SP1 880 DAVIS BLVD 1.97 NR 39. C&T LAWNS LLC AG 2440 MICHAEL DR 1.13 NR 40. CT PLUS 4 LLC AG 2420 MICHAEL DR 1.13 NR 41. JOSEPH PENNINGTON INC AG 860 DAVIS BLVD 0.55 NR 42. TEXAS WHEELHOUSE LLC SP1 880 DAVIS BLVD 0.47 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 42 Responses Received within 300’: In Favor: Opposed: 0 Undecided: 0 No Response: 0 Case No. Attachment E ZA22-0029 Page 1 SURROUNDING PROPERTY OWNERS’ RESPONSES Case No. Attachment F ZA22-0029 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-795 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 ALL OF TRACTS 6C01A, 6C AND 6C03 AND A PORTION OF TRACT 6C02, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.235 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT AND “I-1” LIGHT INDUSTRIAL 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, Case No. Attachment F ZA22-0029 Page 2 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 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 Case No. Attachment F ZA22-0029 Page 3 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 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: Case No. Attachment F ZA22-0029 Page 4 Being described as all of Tracts 6C01A, 6C and 6C03 and a portion of Tract 6C02, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 6.235 acres and being more particularly described in Exhibit “A” from “AG” Agricultural District and “I-1” Light Industrial District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. 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 Case No. Attachment F ZA22-0029 Page 5 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 Case No. Attachment F ZA22-0029 Page 6 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 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 _____, 2022. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2016. ________________________________ MAYOR ATTEST: Case No. Attachment F ZA22-0029 Page 7 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA22-0029 Page 8 EXHIBIT “A” Being described as all of Tracts 6C01A, 6C and 6C03 and a portion of Tract 6C02, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 6.235 acres and being more particularly described as follows: Metes and Bounds Description Case No. Attachment F ZA22-0029 Page 9 EXHIBIT “B” Reserved for approved Site Plan