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Item 6A - Staff ReportCase No. ZA22-0058 S T A F F R E P O R T December 27, 2022 CASE NO: ZA22-0058 PROJECT: Zoning Change and Site Plan for 1800 E. SH 114 EXECUTIVE SUMMARY: OWT Architects, on behalf of the owner, Mach Interest, LLC, is requesting approval of a zoning change and site plan for Mach 1800, to include a variance to the Masonry Ordinance No. 557, as amended, on property described as Lot 1R, Brewer Industrial District, City of Southlake, Tarrant County, Texas and located at 1800 E. State Highway 114, Southlake, Texas. The current zoning is “S-P-1” Detailed Site Plan District. The proposed zoning is “S-P-1” Detailed Site Plan District. SPIN Neighborhood #4. DETAILS: The property is generally located along north side of E. SH 114 between Briarwood Drive and Blessed Way. The purpose of this request is to revise the previously approved façade plans and maintain the current “S-P-1” Detailed Site Plan District uses and development standards. The only change from the previously adopted Detailed Site Plan (ZA21- 0094) are proposed improvements to the south façade of the existing building. ACTION REQUESTED: 1) Hold a Public Hearing 2) Consider 2nd Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 1, dated November 11, 2022 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-791A SPIN Report 2035 Corridor Planning Committee Report Narrative & District Regulations Presentation Plans STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA22-0058 Page 1 BACKGROUND INFORMATION OWNER: Mach Interest, LLC APPLICANT: OWT Architects PROPERTY SITUATION: 1800 E. State Highway 114 LEGAL DESCRIPTION: Lot 1R, Brewer Industrial District, an addition to the City of Southlake, Tarrant County, Texas CURRENT ZONING: “S-P-1” Detailed Site Plan District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: May 1, 1984: City Council approved a plat showing for Lots 1 and 2, Brewer Industrial District. (ZA84-022) An amended plat was approved for Lots 1R and 2R. (ZA04-062) A plat revision was approved. (ZA08-106) May 1, 2018; City Council approved a specific use permit for Flourish City Church to allow a church to be located within the existing approximately 28,000 sq. ft. commercial building. (ZA18-021) February 1, 2022: City Council Approved rezoning the property to “S-P-1” Detailed Site Plan District zoning and related variances. SOUTHLAKE 2035: Consolidated Land Use Plan Future Land Use Plan: The site is designated “Mixed Use”. Purpose and Definition: To provide an option for large-scale, master- planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance- free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Case No. Attachment A ZA22-0058 Page 2 Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. Optional Land Use Overlay The Optional Land Use Overlay recommends this site to retain the mixed office and commercial future land use designation and to encourage medical and wellness overlay along SH 114 and potentially including culinary and specialty retail consideration if SH 114 traffic impacts can be addressed. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan designates E. SH 114 as a 300 ft. to 500 ft. 6-lane divided freeway with 3 lane frontage roads in both directions. Existing Area Road Network and Conditions The property is currently accessed by the 3- lane E. SH 114 west bound frontage road. PATHWAYS MASTER PLAN AND SIDEWALK PLAN: The Pathways Master Plan and Sidewalk Plan indicates an 8’ trail on the north side of the E. SH 114 frontage road. The 8’ trail has recently been constructed on the site. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions E. SH 114 Blvd (5W) (Between Kimball & Carroll) 24hr West Bound (22,000) AM Peak AM (279) PM Peak PM (581) * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact Use Area Vtpd* AM- IN AM- OUT PM- IN PM- OUT Office (710) 26,063 sf 87 12 2 3 10 Commercial Kitchen (110) 3,316 sf 10 2 1 1 2 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION/ LANDSCAPE : No existing trees will be affected with this request. UTILITIES: Water The site is served by an existing 12-inch water line along the front of the development. Sewer The site is served by an existing 8-inch sewer line within the development Case No. Attachment A ZA22-0058 Page 3 plan eliminated the stub-out on the southwest boundary. DRAINAGE: The current site drainage generally flows north and west on the property. CITIZEN INPUT: A SPIN meeting was held on December 14, 2021 for this development. A Corridor Planning Committee meeting was held on December 15, 2021. PLANNING AND ZONING COMMISSION ACTION: November 17, 2022; Approved (6-0), subject to Staff Report dated November 11, 2022, and Site Plan Review Summary No. 1, dated November 11, 2022. CITY COUNCIL ACTION: December 6, 2022; 1st Reading, Approved (7-0), subject to Staff Report dated November 29, 2022, and Site Plan Review Summary No. 1 dated November 11, 2022. STAFF COMMENTS: Attached is the Site Plan Review Summary No. 1, dated November 11, 2022. Case No. Attachment B ZA22-0058 Page 1 Case No. Attachment C ZA22-0058 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA22-0058 Review No.: One Date of Review: 11/11/22 Project Name: Zoning Change and Site Plan – 1800 E. SH 114 APPLICANT: OWT Architects OWNER: Mach Interest LLC Richard Williams Phillip Maxwell 509 Pecan St., Ste. 100 5582 Bent Tree Dr. Ft. Worth, TX 760102 Shreveport, LA 71115 Phone: 817-993-9844 Phone: 214-637-4300 Email: rwilliams@owtarchitects.com Email: pmaxwell@glaciercommercial.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/10//2022 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 Reagan Rothenberger Principal Planner Phone: (817) 748-8602 Email: rrothenberger@ci.southlake.tx.us 1. No Comments Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us * No comments. * Indicates informational comment. Public Works/Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. Case No. Attachment C ZA22-0058 Page 2 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: A change in occupancy classification could require the building to be retrofitted with an automatic fire suppression system. ______________________________________________________________________________ General Informational Comments * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * There is no change to the existing driveways that are non-conforming. The proposed zoning change will not increase the trips by 20% and would not increase the non-conformity. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * All new lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 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. * The applicant should be aware that prior to issuance of a building permit 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. * Denotes Informational Comment Case No. Attachment D ZA22-0058 Page 1 SURROUNDING PROPERTY OWNERS MAP F: In Favor O: Opposed To U: Undecided NR: No Response SPO # Owner Zoning Physical Address Acreage Response 1 TOTAL E&P USA REAL ESTATE LLC AG 1750 E SH 114 2.12848591 NR 2 POKHREL, RAMESH K SF1-A 500 BRIARWOOD DR 0.180545637 NR 3 TOTAL E&P USA REAL ESTATE LLC AG 1730 E SH 114 1.863350636 NR 4 DRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 0.829741304 NR 5 BRIARWOOD TOWNHOMES LP MF1 420 BRIARWOOD DR 0.463738042 NR 6 HARP GIRL HOLDINGS LLC SP1 1910 E SH 114 0.337554308 NR 7 BTH & RA ASSOCIATES INC MF1 400 BRIARWOOD DR 0.347628874 NR 8 S T I C LLC SP1 1900 E SH 114 0.567479686 NR 9 SC SOUTHLAKE MEDICAL LLC SP1 1920 E SH 114 0.481417826 NR 10 MC PROPERTIES INC SP1 1940 E SH 114 0.210439012 NR 11 PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.029478485 NR 12 TOWRY, JOHN EARL SF1-A 475 BRIARWOOD DR 1.12598914 NR 1000 CURRENT OWNER SP1 1800 E SH 114 2.424692954 U Notices Sent: Thirteen (13) Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 13 Case No. Attachment E ZA22-0058 Page 1 SURROUNDING PROPERTY OWNERS’ RESPONSES Case No. Attachment F ZA22-0058 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-791A 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 TRACT 11 AND A PORTION OF TRACT LOT 1R, BREWER INDUSTRIAL ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.4 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 “B-1” Business Service Park District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA22-0058 Page 2 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types 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 Case No. Attachment F ZA22-0058 Page 3 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 1R, Brewer Industrial Addition, City of Southlake, Tarrant County, Texas attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: City Council meeting: SECTION 2. Case No. Attachment F ZA22-0058 Page 4 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 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 Case No. Attachment F ZA22-0058 Page 5 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. 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 Case No. Attachment F ZA22-0058 Page 6 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 6th day of December, 2022. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Case No. Attachment F ZA22-0058 Page 7 DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA22-0058 Page 8 EXHIBIT “A” Reserved for Legal Description Case No. Attachment F ZA22-0058 Page 9 EXHIBIT “B” Reserved for Exhibits