Item 7A - Staff ReportSOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
STAFF REPORT
January 30, 2024
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
Lot 2, Block A, GMIA Southlake Addition, 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 1-1" 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
approximately 10 parking spaces and add approximately 3,000 square -feet of
playground area with an added retaining wall and fence. The current development
regulations are based on the 1-1" Light Industrial district with a list of excluded
uses, as approved by the Zoning Change and Concept/Site Plan (ZA20-0040).
ACTION NEEDED: 1) Consider First Reading Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 3, dated January 18, 2024
(D) Surrounding Property Owners Map and Responses
(E) Ordinance 480-771a
STAFF CONTACT:
Presentation
Approved Plans (ZA20-0040)
Narrative and Development Regulations
Site Plan
Dennis Killough (817) 748-8072
Peyton Sherman (817) 748-8269
Case No.
ZA23-0077
OWNER:
APPLICANT:
PROPERTY SITUATION
LEGAL DESCRIPTION:
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING:
HISTORY:
SOUTHLAKE
COMPREHENSIVE PLAN:
BACKGROUND INFORMATION
Mikal Darden
Rawls Culver Architects.
360 S Nolen Dr
Lot 2, Block A, GMI Southlake Addition, Southlake, Tarrant County,
Texas
Mixed Use
"S-P-2" Generalized Site Plan District.
"S-P-2" Generalized Site Plan District
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 1-1" Light Industrial with certain exclusions
was approved on October 20, 2020. (ZA20-0040)
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.
ZA23-0077
Attachment A
Page 1
TRANSPORTATION
ASSESSMENT:
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.
Retail
3c%
+20%
Office
35%
+30%
Residential
15%
+15%
Open space
15%
±15%
Civic use
59Q
±5%
Total 100%
'These percentages are not regatatory and should only be used as a guide-
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.
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.
AIRPORT COMPATIBLE
LAND USE OVERLAY: This property is within the 75 LDN Noise Contour. The use of a "Day
Nursery" falls as a permitted use under "C-2" Local Retail Zoning District.
The Airport Compatible Land Use Overlay ordinance provides that such "C-
2" uses are permitted within the 75 LDN Noise Contour, provided that the
structure has a Noise Level Reduction of 35db. One known daycare
center is located within the 75 LDN Noise Contour.
The water line access to the site is located along the west side of S. Nolen
UTILITIES: 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.
The site drains from the west to the east and southeast towards S Nolen
DRAINAGE: Drive and Crooked Lane.
Case No. Attachment A
ZA23-0077 Page 2
CITIZEN INPUT/
BOARD REVIEW: A SPIN meeting was not held for this project.
This item will be heard at the January 30, 2024 Corridor Planning
Committee meeting.
PLANNING & ZONING
COMMISSION: January 4, 2024; Tabled until the January 18, 2024 meeting at the
request of the applicant.
January 18, 2024; APPROVED (5-0); subject to Revised Staff Report
dated January 18, 2024, and Site Plan Review Summary No. 3, dated
January 18, 2024.
STAFF COMMENTS: Attached is Zoning Change and Site Plan Review Summary No. 3 dated
January 18, 2024.
Case No. Attachment A
ZA23-0077 Page 3
5
Vicinity Map ZA23-0077
360 S Nolen Dr.
210
- - - - - - - - - - - - - - -
VILLAGE CENTER DR
315 315
315 315
315
325 325
325
41D
41() 410
4
5D8 16
508
JUD
ti
Legend
Adcies5 Points
City Parcels
Right Of Way
City Limit
Case Parcel(s)
20D Foot Buffer
5 170 340 Feel
AG Foot Buffer
Parcels Within Buffer
Case No. Attachment B
ZA23-0077 Page 1
ZONING CHANGE AND CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA23-0077
Review: Three
Project Name: Zoning Change and Concept Plan — 360 South Nolen Dr
APPLICANT:
Rawls Culver Architects, Cameron Culver
901 N. McDonald Street, Suite 203,
McKinney TX 75069
Phone: (972) 529-9790
Email: cculver(@rawlsculyer.com
Date of Review: 1 /18/24
OWNER:
Darden Properties, Mikal Darden
350 S Nolen Dr,
Southlake TX 76092
Phone: (817) 481-0029
mikal(@gmitexas.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/17/2024 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(a)ci.southlake.tx.us
(817) 748-8269
PLANNING COMMENTS
Ensure accuracy of the Site Plan as it relates to parking removal and ensure
Engineering Comments are addressed.
Case No. Attachment C
ZA23-0077 Page 1
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
ZA23-0077 Page 2
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(a�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
ZA23-0077 Page 3
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 C
ZA23-0077 Page 4
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
211 l
VK LAGE CENTER DR `
300
300
aeo 1
2
4
� a6o
1000
I
I
i
360
6
so
370
7370
370
300
E
315 315
315 315
315
P 325 325
325
a1N ala
508
51Y' S08
Y 508 ^
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
01
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
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Fifteen (15)
Responses received: None
NR: No Response
Case No. Attachment D
ZA23-0077 Page 1
SURROUNDING PROPERTY OWNERS' RESPONSES
None received as of 1/30/2024
Case No. Attachment D
ZA23-0077 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-771 a
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 1
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 whetherthese
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 2
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 3
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 4
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 5
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 Xt" day of January, 2024.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the Xt" day of February, 2024.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment E
ZA23-0077 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA23-0077 Page 7
EXHIBIT "A"
Case No. Attachment E
ZA23-0077 Page 8