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Item 6B - Staff ReportCase No. ZA23-0004 S T A F F R E P O R T July 25, 2023 CASE NO: ZA23-0004 PROJECT: Zoning Change and Site Plan for 8850 Davis Blvd. EXECUTIVE SUMMARY: BFC Ventures is requesting approval of a Zoning Change and Site Plan on property described as Lot 1, Block 1, By Faith Baptist Church Addition, City of Southlake, Tarrant County, Texas, and located at 8850 Davis Blvd., Southlake, Texas. Current Zoning: “CS” Community Service District. Requested Zoning: “S- P-1” Detailed Site Plan District with “CS” Community Service District uses. SPIN Neighborhood #10. DETAILS: The property is located on the east side of Davis Blvd. approximately 675 feet south of the intersection of W. Continental Blvd. and 200 feet north of the Southlake/Keller city limit line. The purpose of this request is to seek zoning change and site plan approval for a creative arts studio, to include instructional classes and retail sales, in the existing building; an outdoor marketplace associated with the arts studio; and the addition of a gazebo to the site. The overall site is approximately 1.06 acre in size and includes one 1296 square foot single story building that was formerly utilized as a church. The applicant is proposing minimal improvements, including the addition of a sidewalk, improving the existing driveway and adding parking, and adding an open-air gazebo. No significant changes are proposed to the exterior of the building. The proposed “S-P-1” Regulations are below: Permitted Uses: “CS” uses, to include: 1. Additional use for an Art Studio with instructional classes and retail limited to the existing facility (approximately 1,296 square feet lease space). 2. Outdoor Market – Art Related Sales – these events would occur in the open-air park at the back of the property and on the lawn areas. They would occur monthly or every other month on a weekend between the hours of 10:00 am – 3:00 pm. Bufferyards and Parking Lot Landscaping: Due to the limited scope of this project, the applicant is requesting that no bufferyards or parking lot landscaping be required at this time. Bufferyards and parking lot landscaping shall be reconsidered with any future site modifications. Case No. ZA23-0004 Parking: Parking for the site will be 1 parking space per 200 square feet of floor area. Driveway: The existing entry/drive will be improved and remain in the same location. Site Data Summary Existing Zoning “CS” Community Service District Proposed Zoning “S-P-1” Detailed Site Plan District with “CS” uses Land Use Designation Mixed Use Gross/Net Acreage 1.06 acre / 1.06 acre Total Building Floor Area (Gross) 1269 square feet Number of Stories 1 Impervious Coverage Area / % 3124 square feet / 6.77% Total Parking Required (S-P-1) 7 Total Parking Spaces Provided 8 ACTION NEEDED: 1. Hold a Public Hearing 2. Consider 2nd Reading Approval of Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. #3, dated June 2, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-798 PowerPoint Presentation S-P-1 Regulations Plans Corridor Planning Committee Report SPIN meeting Report STAFF CONTACT: Jenny Crosby (817) 748-8195 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0004 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: BFC Ventures PROPERTY SITUATION: 8850 Davis Blvd. LEGAL DESCRIPTION: Lot 1, Block 1, By Faith Baptist Church Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “CS” Community Service District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “CS” Community Service District uses to allow a creative arts studio and an outdoor marketplace associated with the creative arts studio. HISTORY: A zoning change from “AG” Agricultural District to “CS” Community Service District for By Faith Baptist Church was approved on August 2, 1988 (ZA88-025). The Final Plat for Lot 1, Block 1, By Faith Baptist Church Addition was filed on June 15, 1990. The church building was constructed in 1990. COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The Future Land Use designation for the site is Mixed Use and Flood Plain. 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. Case No. Attachment A ZA23-0004 Page 2 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. The property is also part of an area with site specific recommendations: Mobility & Master Thoroughfare Plan Davis Blvd. is currently a 7-lane undivided arterial. The ultimate cross section specified in the Master Thoroughfare Plan is a 130 ft. - 140 ft. divided 6-lane arterial with designated turn lanes. Case No. Attachment A ZA23-0004 Page 3 Pathways Master Plan & Sidewalk Plan The Pathways Master Plan calls for a minimum 8 ft. trail multi-use trail along the east side of Davis Blvd. The applicant is providing an 8 ft. sidewalk along the Davis Blvd. frontage. TREE PRESERVATION: No existing trees are proposed to be removed or altered at this time. LANDSCAPE: Due to the limited scope of this request, the applicant is proposing to defer the addition of parking lot landscaping and bufferyard plantings until future plan approval. UTILITIES: An 8-inch water line is located along Davis Boulevard for water access for the property. There is an 18-inch sewer line located along Davis Blvd. that serves the property. DRAINAGE: The property generally drains from the north to the south. CITIZEN INPUT: The following meetings were held to discuss the development: A 2035 Corridor Planning Committee meeting was held on January 18, 2023. A SPIN meeting was held for this project on February 28, 2023. PLANNING & ZONING COMMISSION ACTION: June 8, 2023; Approved (6-0); subject to the Staff Report dated June 8, 2023, and also subject to Site Plan Review Summary No. 3, dated June 2, 2023. CITY COUNCIL ACTION: June 20, 2023; 1st Reading Approved (6-0) on consent. STAFF COMMENTS: Attached is Review Summary No. #3, dated June 2, 2023. Case No. Attachment B ZA23-0004 Page 1 Case No. Attachment C ZA23-0004 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA23-0004 Review No.: Three Date of Review: 06/02/2023 Project Name: Zoning Change and Site Plan – 8850 Davis Blvd. APPLICANT: The BFC Group OWNER: The BFC Group Bruce Fields Bruce Fields PO Box 92404 PO Box 92404 Southlake, TX 76092 Southlake, TX 76092 Phone: 817-829-2235 Phone: 817-829-2235 Email: Bruce@thebfcgroup.com Email: Bruce@thebfcgroup.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/30/23 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 Jenny Crosby AT (817) 748-8195. 1. On the landscape and site plan exhibit: a. Correct ROW width for Davis Blvd. b. Correct the building setback line along the southern boundary to 15’ (match the site plan). 2. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended. The following changes are needed: a. Correct the stacking depth measurement – stacking depth is measured from the R.O.W. line to the nearest parking stall. b. Distances to the nearest existing off-site driveway centerlines in both directions of the site are less than required. (Variance has been requested) Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * No existing trees are proposed to be removed or altered at this time. LANDSCAPE COMMENTS: 1. Any requests for changes in zoning to any district other than agricultural or single-family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. Case No. Attachment C ZA23-0004 Page 3 (Applicant is requesting to defer bufferyard landscaping until future plan approval as part of S-P-1 regulations) 2. Parking lot landscaping is required with the addition of new parking areas. (Applicant is requesting to defer parking lot landscaping until future plan approval as part of S-P-1 regulations) * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: No further comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All 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. * Denotes Informational Comment Case No. Attachment D ZA23-0004 Page 1 SURROUNDING PROPERTY OWNERS MAP Case No. Attachment D ZA23-0004 Page 2 SPO # Owner Zoning Physical Address Acreage Response 1. Tina P Williams Ministries Inc. AG 8850 Davis Blvd. 1.07 NR 2. BFC Ventures LLC AG 8850 Davis Blvd. 1.07 NR 3. JJB Enterprises Inc. AG 8900 Davis Blvd. 11.62 NR 4. Rockwell Bay LLC AG 1301, 8860, 8870 Davis Blvd. 1.20 NR 5. Keller-Sanctuary LLC AG 8869 Davis Blvd. 0.30 NR 6. Baghdad Commercial LLC AG 1335, 1341, 1361, 8830, 8840 Davis Blvd. 6.11 NR 7. City of Keller NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 7 Responses Received within 300’: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 7 SURROUNDING PROPERTY OWNERS’ RESPONSES None received to date. Case No. Attachment E ZA23-0004 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-798 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON LOT 1, BLOCK 1, BY FAITH BAPTIST CHURCH ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “CS” COMMUNITY SERVICE 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 “CS” COMMUNITY SERVICE 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 E ZA23-0004 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 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 their original investment was made; and, Case No. Attachment E ZA23-0004 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 Lot 1, Block 1, By Faith Baptist Church Addition, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 1.06 acre, and more fully and completely described in Exhibit “A” from “CS” Community Service District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, Case No. Attachment E ZA23-0004 Page 4 and subject to the following conditions: 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 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. Case No. Attachment E ZA23-0004 Page 5 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA23-0004 Page 6 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 20th day of June, 2023. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 1st day of August, 2023. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA23-0004 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-0004 Page 8 EXHIBIT “A” Lot 1, Block 1, By Faith Baptist Church Addition, City of Southlake, Tarrant County, Texas Case No. Attachment E ZA23-0004 Page 9 EXHIBIT “B” Reserved for approved site plan