Loading...
Item 7 - Staff ReportCase No. ZA23-0077 S T A F F R E P O R T December 29, 2023 CASE NO: ZA23-0077 PROJECT: Zoning Change and Site Plan for 360 S Nolen Dr. EXECUTIVE SUMMARY: On behalf of Darden Properties, Rawls Culver Architects is requesting approval of a Zoning Change and Site Plan for 360 Nolen Dr. on property described as Tract 11E, Thomas Easter Survey Abstract No. 474, an addition to the City of Southlake, Texas. The property is currently zoned “S-P-2” Generalized Site Plan with a base zoning of the “I-1” Light Industrial district. SPIN Neighborhood #8. DETAILS: The purpose of this request is to seek approval of a Zoning Change and Site Plan to include “Day Nurseries” as an additional permitted use. The requested use will be specifically for Lot 2 in Phase 2 of the development. The lot will be subject to all standards adopted with case ZA20-0040. The applicant is requesting to remove seven parking spaces and add approximately 2,878 square-feet of playground area. The current development regulations are based on the “I-1” Light Industrial district with a list of excluded uses, as approved by the Zoning Change and Concept/Site Plan (ZA20-0040). ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 1, dated December 29, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance 480-771a Presentation Approved Plans (ZA20-0040) Narrative Letter Floodplain Letter Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Peyton Sherman (817) 748-8269 Case No. Attachment A ZA23-0077 Page 1 BACKGROUND INFORMATION OWNER: Mikal Darden APPLICANT: Rawls Culver Architects. PROPERTY SITUATION: 360 S Nolen Dr LEGAL DESCRIPTION: Lot 2, Block A, GMI Southlake Addition, Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-2” Generalized Site Plan District. REQUESTED ZONING: “S-P-2” Generalized Site Plan District HISTORY: The “AG” Agricultural District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. A Zoning Change and Site/Concept plan for the development of three buildings with a base zoning of “I-1” Light Industrial with certain exclusions was approved on October 20, 2020. (ZA20-0040) SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Mixed Use. Purpose and Definition: The purpose of the mixed use designation 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. Definition: 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 Case No. Attachment A ZA23-0077 Page 2 Residential, Retail Commercial, and Office Commercial categories previously discussed. Land Use Mix*: The percentages below for the land use mix in the Mixed Use category are intended only to be guidelines, and greater flexibility may be appropriate under site specific conditions. Crooked/Kimball Small Area Plan The property is also included in the Crooked/Kimball Small Area Plan. As a result of the Southlake Comprehensive Plan, the Crooked/Kimball Small Area was incorporated as appropriate adopted February 7, 2023, per Ordinance No. 1269. The Future development on these properties should be approved in a manner that is sensitive to potential impacts on adjacent residential areas, particularly as related to noise, traffic, building heights, lighting and views. TRANSPORTATION ASSESSMENT: Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Nolen Drive. to be a 3-lane undivided arterial with 70-foot of right of way. The future Village Center Drive location will be north of the property and connect to S. Nolen Drive and S. Kimball Avenue; it is planned as a 2-lane undivided collector with 60’ of right of way. The property will not have direct access to Crooked Lane, a 2-lane local street with a 60-foot right-of-way. UTILITIES: The water line access to the site is located along the west side of S. Nolen Drive with an 8-inch water line, a 6-inch water line on the west side of Crooked Lane, and two (2) 8-inch water lines at the Pinnacle Point development to the west of the property. DRAINAGE: The site drains from the west to the east and southeast towards S Nolen Drive and Crooked Lane. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this project. STAFF COMMENTS: Attached is Zoning Change and Site Plan Review Summary No. 1 dated December 22, 2023. Case No. Attachment B ZA23-0078 Page 1 Case No. Attachment C ZA23-0078 Page 1 ZONING CHANGE AND SITE PLAN REVIEW SUMMARY Case No.: ZA23-0077 Review: One Date of Review: 12/22/23 Project Name: Zoning Change and Site Plan – 360 South Nolen Dr APPLICANT: OWNER: Rawls Culver Architects, Cameron Culver Darden Properties, Mikal Darden 901 N. McDonald Street, Suite 203, 350 S Nolen Dr, McKinney TX 75069 Southlake TX 76092 Phone: (972) 529-9790 Phone: (817) 481-0029 Email: cculver@rawlsculver.com mikal@gmitexas.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/11/2023 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT PEYTON SHERMAN at (817) 748-8269. Planning Review Peyton Sherman Planner psherman@ci.southlake.tx.us (817)748-8269 PLANNING COMMENTS 1.Ensure accuracy of the Site Plan and ensure Engineering Comments are addressed. 2. The zoning application and therefore the notification for this zoning change was only for lot 2 of the development. The development regulations need to only reflect lot 2. All of the listed uses referencing other lots needs to be removed and the overall development regulations on the last page should be removed and replaced with a clause that states something similar to the following: “Lot 2, Block A, GMI Southlake Addition, Southlake, Tarrant County, Texas, shall be subject to all development regulations as adopted by Ordinance 480-771 (ZA20-0040) and any subsequent amendments thereafter”. Case No. Attachment C ZA23-0078 Page 2 Fire Department Review Case No. ZA23-0077 Review No. 1 Dated: 12-22-2023 Number of Pages: Project Name: 360 S Nolen Dr Contact: Kelly Clements, Fire Marshal Phone: 817-748-8233 Fax: 817-748-8181 GENERAL COMMENTS: 1. No Comments Case No. Attachment C ZA23-0078 Page 3 Public Works/Engineering Review Review No. 1 Date: 12/19/2023 Case No. ZA23-0077 Zoning/Site Plan Project Name: 360 S. Nolen - Daycare Contact: Sandy Endy, P.E. Email: sendy@ci.southlake.tx.us Phone: (817)748-8033 GENERAL COMMENTS: 1.There were minor changes made during construction to the parking stall and landscape island layout that aren’t reflected on the provided Site Plan. For example, the ramp on the east side of the building was extended due to grading changes that appear to interfere with the proposed playground area. 2.The proposed playground fencing cannot block water meters, fire hydrants, FDC’s, etc. Please relocate the fencing so the existing utilities are outside of the fence and accessible. Case No. Attachment C ZA23-0078 Page 4 General Informational Comments *The Development Review Committee (DRC) has determined this submittal sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above. *The applicant should be aware that prior to issuance of any permits regarding the proposal, an approved zoning and Site plan must be approved by City Council. *For this review, unless otherwise noted, the above comments pertain to the Site Plan provided *All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. *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. *Denotes Informational Comment Case No. Attachment D ZA23-0078 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 HL INVESTMENTS LLC SP1 300 S NOLEN DR 1.60 NR 2 CURRENT OWNER SP1 880 S VILLAGE CENTER DR 0.64 NR 3 CURRENT OWNER SP1 850 S VILLAGE CENTER DR 0.02 NR 4 CURRENT OWNER SP1 860 S VILLAGE CENTER DR 0.07 NR 5 DARDEN PROPERTIES OF TEXAS LLC SP2 380 S NOLEN DR 1.79 NR 6 GMI HQ LLC SP2 350 S NOLEN DR 1.74 NR 7 DRAGONS OF SOUTHLAKE LLC SP2 370 S NOLEN DR 0.97 NR 8 LIMC REAL ESTATE LLC SP1 410 S NOLEN DR 0.60 NR 9 VARIA, AMEE SF1-A 2449 CROOKED LN 1.60 NR 10 SILICON TEXAS PROPERTIES LLC SP1 512 SILICON DR 0.65 NR 11 MS PRIME HOLDING LLC SP1 508 SILICON DR 0.66 NR 12 L AND P NOLEN #4 LTD SP1 200 S NOLEN DR 3.46 NR 12 CASTLE HILLS PROPERTY PARTNERS SP1 200 S NOLEN DR 3.46 NR 12 CASTLE HILLS PROPERTY PARTNERS SP1 200 S NOLEN DR 3.46 NR 12 AVILA LAND LLC SP1 200 S NOLEN DR 3.46 NR 12 SOUTH NOLEN MEDICAL INVESTMENT SP1 200 S NOLEN DR 3.46 NR 13 PARKWAY COMMERCIAL REALTY LLC O1 2485 E SOUTHLAKE BLVD 1.34 NR 14 GEOTEL GROUP INC SP1 305 S NOLEN DR 2.13 NR 1000 DARDEN PROPERTIES OF TEXAS LLC SP2 360 S NOLEN DR 1.18 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fifteen (15) Responses received: None Case No. Attachment D ZA23-0078 Page 2 SURROUNDING PROPERTY OWNERS’ RESPONSES None received as of 12/29/2023 Case No. Attachment E ZA23-0077 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-771a 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 LOT OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2, BLOCK A, GMI ADDITION SOUTHLAKE, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY X ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED 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 “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA23-0077 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 Case No. Attachment E ZA23-0077 Page 3 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: Being described as Lot 1, Block A, GMI Southlake Addition, being approximately X acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA23-0077 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. Case No. Attachment E ZA23-0077 Page 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 ordinance in its entirety on the City website together with a notice setting out the time and place Case No. Attachment E ZA23-0077 Page 6 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 Xth day of January, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Xth day of February, 2024. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA23-0077 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-0077 Page 8 EXHIBIT “A”