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Item 8 - Staff MemoCase No. ZA22-0034 S T A F F R E P O R T July 29, 2022 CASE NO: ZA22-0032 PROJECT: Final Plat for Mustang Business Park EXECUTIVE SUMMARY: On behalf of Wright Mustang Business Park, LLC, Kimley Horn is requesting approval of a Final Plat for Mustang Business Park on property described as Tract 1B3, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas, and located at 1800 S.H. 26, Southlake, Texas. Current Zoning: “I-1” Light Industrial District. SPIN Neighborhood #8. DETAILS: The project is generally located northwest of the intersection of Southwestern St. and Mustang Ct. The purpose of this request is to seek approval of a Final Plat that conforms to the Site Plan for Mustang Business Park (ZA21-0039) that was approved by City council on February 1, 2022, and Preliminary Plat (ZA22-0014) that was approved by City Council on April 26, 2022, which includes three distribution warehouse buildings totaling approximately 340,180 square feet on approximately 26.27 acres. ACTION NEEDED: 1. Consider approval of the Final Plat. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 1, July 29, 2022 Half Size Plans (for Commission and Council members only) PowerPoint Presentation Plans Link to SPIN Meeting Report Link to 2035 Corridor Committee Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Reagan Rothenberger (817) 748-8602 Case No. Attachment A ZA22-0034 Page 1 BACKGROUND INFORMATION OWNER: Wright Mustang Business Park, LLC APPLICANT: Kimley-Horn PROPERTY SITUATION: 1800 SH 26, generally located northwest of the intersection of Southwestern St. and Mustang Ct. LEGAL DESCRIPTION: Tract 1B3, Harrison Decker Survey, Abstract No. 438 LAND USE CATEGORY: Industrial and 100-Year Floodplain CURRENT ZONING: “I-1” Light Industrial District HISTORY: - The property was annexed into the City in 1987. - A zoning change (ZA02-025) from “AG” Agricultural District and “I-2” Heavy Industrial District to “I-1” Light Industrial District was approved by City Council on April 16, 2002. - A Zoning Change and Site Plan (ZA21-0007) from “I-1” Light Industrial District to “S-P-1” Detailed Site Plan District for three distribution warehouse buildings totaling approximately 340,180 square feet on approximately 26.24 acres was withdrawn at City Council on May 4, 2021. - A Site Plan (ZA21-0039) for three distribution warehouse buildings totaling approximately 340,180 square feet on approximately 26.24 acres was approved by City Council February 1, 2022, subject to Staff Report dated January 25, 2022, and Revised Site Plan Review Summary No. 2, dated January 25, 2022. - A Preliminary Plat (ZA22-0014) that conforms to the Site Plan was approved by City Council April 26, 2022, subject to Staff Report dated April 26, 2022, and Revised Site Plan Review Summary No. 1, dated April 14, 2022. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Industrial and 100- Year Floodplain. Industrial Land Use Designation Purpose and Definition: Industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be characterized by the manufacturing, processing, packaging, assembly, storage, warehousing and/or distribution of products. Ancillary commercial and retail activities associated with these uses are permitted. Public Parks / Open Space and Public / Semi-Public activities as described above may be permitted if surrounding industrial uses do not pose hazards and are sufficiently buffered. Case No. Attachment A ZA22-0034 Page 2 100-Year Floodplain Designation Purpose and Definition: 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. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan does not show a sidewalk or trail along Southwestern St. adjacent to the site, so a minimum 5’ sidewalk is required per Zoning Ordinance No. 480, Section 33.19. The required sidewalk is shown on the plans, but it needs to extend to the property line. A sidewalk exists on the southeast side of Southwestern St. and the southwest side of Mustang Ct. An 8’ multi-use trail exists along the north side of SH 26 west of the intersection with Mustang Ct. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property is at the end of Mustang Ct., which is a local commercial street with 64’ of right of way. Southwestern St. is a local commercial street with 60’ of right of way. Traffic Impact A Traffic Impact Analysis (TIA) has been submitted (see pdf only attached separately). The Site Plan shows a 60’ private street easement with a 37’ back of curb to back of curb pavement extending from the end of Mustang Ct. into the development. Access to the three proposed buildings is from driveways off the private street. An emergency only access driveway is provided to Woodsey Ct. to the north and to the City owned property to the west. TREE PRESERVATION: There is 22.3% of existing tree cover on the property and a minimum of 60% is required to be preserved per Tree Preservation Ordinance No. Case No. Attachment A ZA22-0034 Page 3 585-E. A variance was requested and approved by City Council to allow 27.6% of the existing tree cover to be preserved. All trees shown in green on a Council approved Tree Conservation Plan are required to be preserved. UTILITIES: The property is served by existing 12” and 8” water lines along the east and north property boundaries and an existing 12” sewer line along the west property boundary. DRAINAGE: Existing drainage is from a high point at the north and center of the site generally sheet flow to the east, west and south across the property. The 100-Year Floodplain runs north and south along the west portion of the property. CITIZEN INPUT: A SPIN meeting was held for the initial Zoning Change and Site Plan for Mustang Business Park (ZA21-0007) on January 26, 2021. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held for the initial Zoning Change and Site Plan for Mustang Business Park (ZA21-0007) on January 25, 2021. Link to Corridor Planning Committee Report STAFF COMMENTS: Attached is Revised Plat Review Summary No. 1, dated July 29, 2022. Case No. Attachment B ZA22-0034 Page 1 ZA22-0032 Final Plat Case No. ZA22-0034 Page 1 PLAT REVIEW SUMMARY Case No.: ZA22-0032 Review No.: One Date of Review: 07/29/22 Project Name: Final Plat APPLICANT: Patrick Hogan SURVEYOR/ENGINEER: Kindal Kreamer Kimley-Horn Wright Mustang Business Park, LLC 13455 Noel Road 601 W Wall St Dallas, TX Grapevine TX 76051 Phone: (817) 253-5727 Phone: 972-770-1312 E-mail: patrick.hogan@kimley-horn.com E-mail: kkreamer@wrightconst.com 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 PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072. 1. Provide an application fee payment in the amount of $1,193.10 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-00019205) 4. Click on the blue “Pay Now" button at the top right of the invoice. The following items are required under Ord. 483, as amended, Section 3.03.D: 2. Place the City case number ZA22-0032" in the lower right-hand corner of the plat. 3. The “F.A.U.D.E.” needs to be dedicated as an “Emergency Access, Drainage and Utility Easement”. 4. Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s) then add a statement to this effect. The standard language is in Appendix 12 of the Subdivision Ordinance. 5. In the dedication statement of the subdivision name add Lot 1, Block 1, Mustang Business Park. 6. Verify the adjoining plat reference south of Southwestern Blvd. City shows this to be Lot 1, Block 2 Mustang Business Park, recorded in Cab A, Slide 11914, PRTCT. 7. This property does not appear to be in the DFW Airport noise contour. The Avigation Easement and Release is not needed. 8. Provide or revise the courthouse filing note as follows and place above the title block: Case No. ZA22-0034 Page 2 “Filed as Instrument # , Date .” Case No. Attachment C ZA22-0034 Page 1 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 1. In the Tree Canopy Cover Summary chart on the Tree Conservation Plan, change the amount of Required Preservation to 60%. The Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E requires that sites with 20.1% - 40.0% of existing tree cover preserve at least a minimum of 60% of the existing tree cover. With the approval of the zoning and development plans, a variance was provided that the preservation of the existing tree cover be 27.6% as shown. 2. Update the submitted Tree Conservation Plan to show the proposed utilities within the tree preservation area on the west side of the development. Within the currently submitted Civil Plans there are a storm drain, stormwater flume, and sanitary sewer line that conflict with the protected trees within the west portion of the development. The proposed Tree Conservation Plan must conform to the Tree Conservation Plan approved with the zoning and development plans for the property. Removal/alteration of trees shown to be protected on the approved Tree Conservation Plan are subject to tree removal mitigation in accordance with the regulations of the Tree Preservation Ordinance 585-E. * 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 site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: Case No. Attachment C ZA22-0034 Page 2 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. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA22-0034 Page 3 Public Works/Engineering Review GENERAL COMMENTS: 1. Please provide the following note: All drainage features within the dedicated drainage easements shall be maintained by the property owner. 2. Ensure that all water meters are located within the dedicated easements. Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Fire Department Review No Comments Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA22-0034 Page 4 ============= The following should be informational comments only ==================== * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. * 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. * All plats filed must have an original signed and stamped Tax Certificate submitted with it from each taxing unit with jurisdiction of the real property, indicating that no delinquent taxes are owed and that taxes for the current year have been paid. After September 1st, a certificate showing that the taxes for that year are paid, but that the taxes for the upcoming year have yet to be calculated is required. (House Bills 1563 & 3101). A copy of this information may be obtained from the Tarrant County Tax Assessor/Collector’s Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s office at 817-212-6847. * Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy with original signatures. * For Tarrant County filing, original signatures and seals will be required on one blackline mylar and one blackline paper copy prior to filing the plat. The mylar and paper copies will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment * The City Council motion for approval of the Site Plan for Mustang Business Park (ZA21-0039) is included below: February 1, 2022; Approved (7-0) subject to the Staff report dated January 25, 2022 and Revised Site Plan Review Summary No. 2, dated January 25, 2022 approving the variance to Tree Preservation Ordinance 585-E, which requires a minimum of 60% of the existing tree cover to be preserved on site. The applicant is requesting a variance to the ordinance to allow approximately 27.6% of the existing tree cover to be preserved. Case No. Attachment C ZA22-0034 Page 5 Noting the following: 1. applicant’s willingness to dedicate an emergency access and private street easements for possible future vehicular traffic access to the west. 2. applicant’s willingness to provide an emergency access gate to the north similar to the gate shown in the staff presentation and which matches the 8’ foot tall solid screen fence and in the event that a western emergency access, drive access or street access is provided the emergency access to the north can be evaluated for closure. 3. the City’s Public Works department will ultimately determine the design of the Mustang Court/Southwestern Dr. intersection in terms of stop signs and stop bar design. Case No. Attachment C ZA22-0034 Page 6 Lien Holder Acknowledgment STATE OF _______________________ COUNTY OF______________________ Whereas _________________________________acting by and through the undersigned, its duly authorized agent, is (are) the lien holder(s) of the property described hereon, does (do) hereby ratify all dedications and provisions of this plat as shown. __________________________ Authorized Agent Name ___________________________ Title ___________________________ Lienholder STATE OF ______________________________ COUNTY OF ____________________________ BEFORE ME, the undersigned authority, on this day personally appeared _________________________________________known to me to be the person(s) whose name(s) is(are) subscribed to the above and foregoing instrument, and acknowledged to me that (he/she/they) executed the same for the purposes and consideration expressed and in the capacity therein stated and as the act and deed of said ___________________________________ GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 20 . Seal Notary Public Commission expires: Case No. Attachment D ZA22-0014 Page 1