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Item 7B - MemoCase No. ZA23-0032 S T A F F R E P O R T June 13, 2023 CASE NO: ZA23-0032 PROJECT: Zoning Change and Site Plan for 1605 Hart Street EXECUTIVE SUMMARY: Southlake Exhange, LLC is requesting approval of a Zoning Change and Site Plan for 1605 Hart Street located on a property described as 3R, Block B of the Hart Industrial Park Addition, City of Southlake, Tarrant County, Texas and located at 1605 Hart Street, Southlake, Texas. Current Zoning: “I-1” Light Industrial District. Requested Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The property is located on the south side of Hart Street approximately 475 feet east of the southeast of the intersection of Brumlow Avenue and Hart Street. The purpose of this zoning change is to adopt a “S-P-1” zoning district that will permit a small animal hospital with approval of a Specific Use permit (SUP) while retaining the “I-1” light industrial district uses and regulations currently on the property. There is a concurrent application for a small animal hospital SUP within a single suite within the multi-tenant building located at 1609 Hart Street. The applicant is not altering the site and/or elevations from the currently adopted site plan. If approved on 1st reading, a Specific Use Permit will follow consideration of the 2nd reading of this request. At their June 8, 2023 regular meeting, the Planning and Zoning Commission recommended approval (6-0); subject to Staff Report dated June 2, 2023, and Plan Review Summary No. 2, dated June 2, 2023. ACTION NEEDED: 1) Consider 1st Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 2, dated June 2, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-802 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative STAFF CONTACT: Katasha Smithers (817) 748-8281 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0032 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Southlake Exchange, LLC PROPERTY SITUATION: 1605 Hart Street, Southlake, TX 76092 LEGAL DESCRIPTION: Lot 3R, Block B, Hart Industrial Park Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “I-1” Light Industrial District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with an underlying zoning of “I-1” Light Industrial District uses and regulations, allowing a “Small Animal Hospital” with approval of a SUP. HISTORY: The subject property was annexed into the City of Southlake in 1987. Zoning change from “AG” to “L-2” was approved in 1988. “I-1” Light Industrial District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. On July 5, 2018, the City Council approved a final plat for Lots 1-4 Block A, and 1-5, Block B, Hart Industrial Park. On October 6, 1998, the City Council approved the plat revision for Lot 3R, Block B. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Industrial. 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. Pathways Master Plan & Sidewalk Plan Per the Southlake Mobility Plan under the Pathways Plan, there is not a proposed sidewalk on the south side of Hart Street. Case No. Attachment A ZA23-0032 Page 2 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The tract has direct access to Hart Street, a 50’ undivided 2-lane dead-end street. Hart Street has access to Brumlow Avenue, a 94’ divided 4-lane arterial street. A Traffic Impact Analysis (TIA) was not required. TREE PRESERVATION: No trees are planned to be removed. UTILITIES: The site is served by an 8-inch Sanitary Sewer Line and an 8-inch Water Main. CITIZEN INPUT: This project was not heard at SPIN or by the Corridor Planning Committee. PLANNING & ZONING COMMISSION ACTION: June 8, 2023; APPROVED (6-0); subject to Staff Report dated June 2, 2023, and Plan Review Summary No. 2, dated June 2, 2023. The Commission finds the proposed zoning change use to add a small animal hospital with approval by an SUP was amenable as a similar use would require an SUP. STAFF COMMENTS: Attached is the Plan Review Summary No. 2, dated June 2, 2023. Case No. Attachment B ZA23-0032 Page 1 Case No. Attachment C ZA23-0032 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA23-0032 Review No.: Two Date of Review: 06/02/23 Project Name: Zoning Change and Site Plan – 1609 Hart Street APPLICANT: OWNER: Southlake Exhange, LLC Southlake Exhange, LLC PO Box 373 PO Box 373 Tioga, TX 76271 Tioga, TX 76271 Phone: 817-849-8282 Phone: 817-849-8282 dperryman@silveroakcre.com dperryman@silveroakcre.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/01/23 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 KATASHA SMITHERS AT 817-748-8281. 1. The zoning application has a missing a Notary signature. Please review for completeness. This must be completed prior to second hearing at City Council. Informational Comments: • Current as-builts on file with the city will act as the approved site plan with the zoning. Case No. Attachment C ZA23-0032 Page 3 Tree Conservation/Landscape Review No comments E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Public Works/Engineering Review No comments Sandra 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 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 . * 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, Case No. Attachment C ZA23-0032 Page 4 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. * Denotes Informational Comment Case No. Attachment D ZA23-0032 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 WRIGHT BRUMLOW EAST RE LLC AG 1719 E CONTINENTAL BLVD 3.32 NR 2 BOYLE FAMILY PARTNERSHIP I1 1604 HART ST 0.71 NR 3 BOYLE FAMILY PARTNERSHIP I1 1600 HART ST 0.47 NR 4 HERZOG/LEASE PARTNERS LTD I1 1594 HART ST 0.45 NR 5 BELLE-VIEW ENTERPRISE LLC I1 1217 BRUMLOW AVE 0.08 NR 6 1595 HART STREET LLC I1 1595 HART ST 0.94 NR 7 TCP - HQ LLC SP1 1375 BRUMLOW AVE 0.27 NR 8 HOLZ HOLDINGS LLC SP1 1371 BRUMLOW AVE 0.27 NR 9 SUM AND SAM LLC SP1 1367 BRUMLOW AVE 0.08 NR 10 CCJ PROPERTY MGT LLC SP1 1381 BRUMLOW AVE 0.27 NR 11 SC 1363 BRUMLOW LLC SP1 1385 BRUMLOW AVE 0.23 NR 12 WRIGHT BRUMLOW EAST RE LLC AG 1451 BRUMLOW AVE 2.19 NR 13 WRIGHT BRUMLOW EAST RE LLC AG 1535 BRUMLOW AVE 3.47 NR 14 LANE HAVEN LLC SP1 1219 BRUMLOW AVE 1.02 NR 15 SC 1363 BRUMLOW LLC SP1 1389 BRUMLOW AVE 0.43 NR 16 SC 1363 BRUMLOW LLC SP1 1363 BRUMLOW AVE 0.49 NR 1000 SOUTHLAKE EXCHANGE LLC I1 1605 HART ST 3.37 U Case No. Attachment D ZA23-0032 Page 2 Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: Case No. Attachment E ZA23-0032 Page 1 SURROUNDING PROPERTY OWNERS’ RESPONSES None Received by 6/9/2023 Case No. Attachment F ZA23-0032 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-802 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON LOT 3R, BLOCK B, HART INDUSTRIAL PARK ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “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, WHEREAS, the hereinafter described property is currently zoned as “I-1” LIGHT INDUSTRIAL DISTRICT under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment F ZA23-0032 Page 2 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 ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment F ZA23-0032 Page 3 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 3R, Block B of the Hart Industrial Park Addition, City of Southlake, Tarrant County, Texas and located at 1605 Hart Street, Southlake, Texas, from “I-1” Light Industrial District to “S-P-1” Detailed Site Plan District with “I-1” Light Industrial District uses and “Small Animal Hospital” by request of a Specific Use Permit. 1. List any conditions Case No. Attachment F ZA23-0032 Page 4 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 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, Case No. Attachment F ZA23-0032 Page 5 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. 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, Case No. Attachment F ZA23-0032 Page 6 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 _____, 2023. _________________________________ 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: Case No. Attachment F ZA23-0032 Page 7 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA23-0032 Page 8 EXHIBIT “A” Lot 3R, Block B, Hart Industrial Park Addition, City of Southlake, Tarrant County, Texas Case No. Attachment F ZA23-0032 Page 9 EXHIBIT “B” Reserved for previously approved Site Plan