Loading...
Item 7 - Staff ReportCase No. ZA24-0007 S T A F F R E P O R T March 28, 2024 CASE NO: ZA24-0007 PROJECT: Zoning Change and Development Plan for Brumlow East EXECUTIVE SUMMARY: Sage Group, Inc., on behalf of Wright Brumlow East RE, LLC, are requesting approval of a Zoning Change and Development Plan for Brumlow East, on property described as a portion of Tract 1A, Harrison Decker Survey Abstract 438, and Tracts 2E04, 2E06 and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, City of Southlake, Tarrant County, Texas and located at 1719 E. Continental Blvd. and 1451 – 1537 Brumlow Ave., Southlake, Texas. Current Zoning: “AG” Agricultural District. Requested Zoning: “TZD” Transition Zoning District SPIN District #8. DETAILS: This project is approximately 32.8-acres of land generally located southeast of the intersection of East Continental Boulevard and Brumlow Avenue. The purpose of this request is to approve a Zoning Change and a Development Plan for a 32.8-acre mixed-use development encompassing a single-family residential component with 56 residential homes, and approximately 71,000 square-feet of office and office/warehouse buildings. The property is proposed to be zoned using the “TZD” Transition Zoning District. The “Neighborhood Edge” consists of garden office buildings and is proposed to be adjacent to Brumlow Avenue while the office/warehouses are to be located at the rear. Development Regulations provide that the building be permitted “I-1” Light Industrial District uses. The proposed maximum building height is one-story, 35’ and the proposed maximum floor area is 15,000 square feet per building. The final details of the structures are to be approved by a future Site Plan. The residential development component of the project encompassing 56 single- family detached dwellings are proposed to have between 2,500 square feet and 5,200 square feet floor area. The minimum lot size is proposed to be 6,600 square feet, with a minimum lot width of 50’ and 125’ in depth. The development is proposed to have two access points. One on Brumlow Avenue and the other on E Continental Boulevard. Other development components include a 6’ masonry wall separating the residential and commercial components of the project. The remainder of the fences for the residential lots consist of: 6’ iron fence with masonry columns, 8’ wood fence with masonry columns, and 8’ masonry wall. Department of Planning & Development Services Case No. ZA24-0007 Specific Development Standards for the entire site are provided herein: Case No. ZA24-0007 The following modifications to the “TZD” District requirements are noted: A. Section 47.7(g): Maximum building footprint permitted in square feet: ‘Financial and Office Uses: 10,000 square feet’. (Footprint approx. 15,000 sq. ft.) B. Section 47.7.d(3): The elevation of the home from the finished sidewalk. (Plans are not specific.) C. Section 47.7.e: The architectural design standards requirement. (These are reflected in the General Comments of the attached Development Plan Review Summary No. 1.) The plans do not reflect the specific materials for the development nor examples provided. D. Section 47.7(a)iii: “Cul-de-sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection.” (There is one cul- de-sac shown.) E. Section 47.6: requires a 6’ sidewalk. (The regulations indicate 5’.) F. Section 47.6(c): requires a planter width of at least 6’. 5’ planters are provided. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 2, dated March 28, 2024 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-810 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Case No. ZA24-0007 Link to TZD Regulations Link to Plans STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment C ZA24-0007 Page 1 BACKGROUND INFORMATION OWNER: Wright Brumlow East RE, LLC APPLICANT: Sage Group, Inc. PROPERTY SITUATION: 1719 E. Continental Blvd. and 1451 – 1537 Brumlow Ave., Southlake, Texas. PROPERTY DESCRIPTION: Portion of Tract 1A, Harrison Decker Survey Abstract 438, and Tracts 2E04, 2E06 and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use; Industrial CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “TZD” Transitional Zoning District, with "I-1" Light Industrial District uses permitted for the commercial portion, and single-family residences. HISTORY: The southern portion of the properties located on Brumlow Avenue were annexed and zoned “AG” per Ordinance No. 89 in 1957. The northern portion of the properties located on Brumlow Avenue and the tract addressed as 1719 E Continental Avenue were annexed and zoned “AG” per Ordinance No. 373 in 1987. Several older homes exist among the tracts, remaining unplatted, and are slated for demolition as part of the development. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is “Mixed Use” and “Industrial”. The Brumlow Avenue tracts are designated as Mixed Use. The purpose of the Mixed Use 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 Space, Public/Semi‐Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial Case No. Attachment C ZA24-0007 Page 2 categories. The tract addressed as 1719 E Continental Avenue is designated as Industrial. The Industrial category is intended for 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. Mobility & Master Thoroughfare Plan The property is bound by E. Continental Blvd. to the north, and Brumlow Ave. to the west. Continental Blvd. is a 2-lane undivided collector. Brumlow Ave. is proposed to be a 4-lane divided arterial at build out. It is currently a 2-lane undivided roadway at the location in which the proposed development intersects. Pathways Master Plan & Sidewalk Plan The Pathways Plan shows a less than 8’ sidewalk along the east side of Brumlow Ave. The applicant is proposing a 5’ sidewalk along their developed portion of Brumlow Ave. The Pathways Plan shows a less than 8’ sidewalk along the south side of E Continental Blvd. The applicant is proposing to construct a 5’ sidewalk on E Continental Blvd. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed “TZD” zoning request has an entrance onto E Continental Blvd. and an entrance onto Brumlow Avenue. The traffic threshold worksheet was provided by the applicant and shows that the proposed development does not exceed any of the threshold criteria. The threshold worksheet provides that the new development will generate approximately 953 daily trips for residential and 871 daily trips for office. TREE PRESERVATION: There is 12.61% of existing tree cover on the property and a minimum of 70% of the existing tree cover would be required to be preserved if the project were straight zoning. A minimum of 72.14% is proposed to be removed and a maximum of 27.86% is proposed to be preserved. Case No. Attachment C ZA24-0007 Page 3 PARK DEDICATION: No park dedication is noted. Fees in lieu of dedication will be required. UTILITIES: There is an existing 12” water line along E. Continental Blvd. and an existing 8” water line on Brumlow Avenue. There is an existing 8” sanitary sewer line along E Continental Blvd. and an existing 12” gravity main on the eastern boundary of the development. DRAINAGE: Drainage on the property is to be captured in the adjacent creek, in lieu of providing onsite detention. The Development will be modifying the existing creek and floodplain boundaries with the approval of a Letter of Map Revision (LOMR) through FEMA. The creek cross section will be modified to ensure that adequate capacity is provided for the increase in runoff from the proposed development. CITIZEN INPUT: The following meeting was held to discuss the development: A SPIN meeting was held for this project on February 27, 2024. This item was heard by the Corridor Planning Committee on May 22, 2023. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated March 28, 2024. Case No. Attachment C ZA24-0007 Page 4 Case No. Attachment C ZA24-0007 Page 5 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA24-0007 Review No.: Two Date of Review: 3/28/24 Project Name: Development Plan – Brumlow East APPLICANT: OWNER: Martin Schelling / Curtis Young Wright Brumlow East RE, LLC 1130 N. Carroll Ave. STE 200 Lemoine Wright Southlake, Texas 76094 601 W. Wall St. Grapevine, TX 76051 Phone: 817-424-2626 Email: cyoung@sage-dfw.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/19/2024 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 REAGAN ROTHENBERGER AT (817) 748-8602. 1. The Development Regulations (Zoning Booklet) need the following revisions or considerations: • I have concerns about not clearly designating a setback for the properties that have the 40’ pipeline easement encumbrance. Please provide a specific setback for these lots. It should be clearly stated in as many places as possible to ensure no confusion in the future between homeowners, permit techs, plans reviewers, etc. Also, a note must be provided on the Development Plan and future plat per Sec. 9.6.298 of Ordinance. No. 880, as amended, stating that a pipeline crosses the property within 100 feet. Furthermore, prior to any approval of the subdivision, a waiver and hold harmless agreement per Sec. 9.6.299 of Ordinance. No. 880, as amended, must be executed and recorded in the County records. • Parking regulations should match the plans, which calls for 1/400. It should be noted that warehousing parking requires 1:1000, and so therefore a 1/400 parking requirement for the whole site would not be considered a variation to the parking requirement. 2. Setbacks should not be measured from easement edges, but rather property boundaries. Lots 24, 23, 49, and 50 need to have setbacks shown correctly from the property boundary. 3. Provide a note on the plan that sidewalks will be provided. No sidewalks are shown, though Development Regulations require them. 4. There is no dumpster on the plan. Dumpsters may not be located in required buffer yard areas and may not take up required parking. Case No. Attachment C ZA24-0007 Page 6 The following are informational comments: • A formal Site Plan application will be required at a future date for the commercial portion. See Section 47.8 of the Zoning Ordinance for details as to the processing of Development Plans vs. Site Plans in the “TZD” Transition Zoning District. • A Preliminary Plat and a Final Plat must be filed for this property, and the entirety of all properties where boundaries are amended must be part of these plats. This includes land area outside of the proposed area of development. • Though the “TZD” Transition Zoning District allows for flexibility, the category does provide specific guidance for development. The following are notable applicable standards of the Transition Zoning District regulations found in Section 47.7 that do not appear to be followed: o The first floor elevation of single-family dwellings shall be raised a minimum of two (2) feet above the finished level of the public sidewalk/trail in front of the residential structures. It is unclear if the residential portion meets this requirement. o The “TZD” District guidance states: “Cul-de-sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection.” A Cul-de-sac is shown on the plans. o The “TZD” District provides guidance for 6’ sidewalks. The applicant proposes 5’ sidewalks for the development. o It is unknown if the commercial structures will comply with Section 47.7(b) and (c) regarding building standards and design. Subsection (e) further states, “To ensure compatibility of building types and to relate new buildings to the building traditions of the region, architectural design shall be regulated, governed, and enforced through architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of the development plan application for all development in the TZD. The Planning and Zoning Commission shall make a recommendation and the City Council shall approve them at the time of approval of the Development Plan. Architectural design standards for a proposed Transition Zoning District shall: i. specify the materials and configurations permitted for walls, roofs, openings, street furniture, and other elements; ii. be based on traditional building precedents from the region; iii. include the following: a. architectural compatibility among structures within the neighborhood; b. human scale design; c. pedestrian use of the entire district; d. relationship to the street, to surrounding buildings, and to adjoining land uses; and e. special architectural treatment of gateways/civic buildings. This is presumed to read that the architectural components of the district are to be compatible with each other. No specific materials are mentioned with this development plan. No elevation examples of the homes are provided, though not expressly required. Case No. Attachment C ZA24-0007 Page 7 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: * If the proposed development was straight zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 12.61% of existing tree cover on the property and a minimum of 70% of the existing tree cover would be required to be preserved. A minimum of 72.14% is proposed to be removed and a maximum of 27.86% is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and Case No. Attachment C ZA24-0007 Page 8 vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. The planter/planting strip width between the curb and sidewalk within the residential portion of the proposed development is required to be a minimum six feet (6’) wide in the TZD district. Street trees are required but is flexible upon the proposed design standards. 2. Provide the interior landscape ground cover and seasonal color calculations within the Interior Landscape Summary Chart. 3. Existing tree credits seem to be taken for preserved trees within bufferyard areas. Please provide the proposed existing tree credits within the Bufferyards Summary Chart. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. 5. Provide at least the minimum required canopy trees for the south bufferyard adjacent to the residential property. Correct the canopy tree calculations within the Bufferyards Summary Chart. 6. Within the office portion of the development all parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. * The south bufferyard portion of the proposed office use of the development is proposed to be a 6’ – F1 bufferyard. The bufferyards regulations of the Zoning Ordinance require the minimum of a 10’ – F1 bufferyard. The proposed dumpster would also be located within the required bufferyard. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA24-0007 Page 9 Public Works/Engineering Review GENERAL COMMENTS: 1. Cul-de-sacs shall have a radius of 60’. 2. Label the radius at the street intersections with Brumlow and Continental, street centerline radius, and round-a-bout radius. 3. Label fire lane and fire lane radius. 4. Show and label proposed sidewalk. Sidewalk is required along Brumlow frontage and Continental frontage. 5. Walls within the Pipeline easement shall require approval from the pipeline company. 6. What are the red tick marks on the Development Plan. 7. The northeast commercial building is shown encroaching into the proposed sanitary sewer easement along the eastern side. The southeast commercial building is also encroaching into the utility easement. These buildings shall be relocated outside of the easement. 8. Public Works strongly recommends against the development of Lots 55 and 56 due to the following: a. Drainage concerns for both lots b. Driveway spacing and having a private drive entering onto Continental. c. At a minimum there needs to be a note that the driveway crossing for lot 55 will be maintained by the property owner. However, we would caution against this due to future maintenance costs and burden on the homeowner. 9. Correct the fence key map to reflect a wrought iron privacy fence along the southern boundary that adjoins to the MSC site. 10. Verify that the driveway spacing along Brumlow to the proposed driveway for the new MSC development meets minimum separation requirements. 11. Please be aware that when Brumlow is expanded to full build-out, a four lane divided roadway, there will not be a curb cut for Brumlow East, only the MSC. * A note shall be added to the plat that specifies the residents shall be made aware that the Service Center operational hours are 24 hours, 7 days per week and the City’s operations shall not be impeded. GRADING AND DRAINAGE: 12. Label the proposed storm drain pipe. * The drainage area map shall also include the offsite area from the north of Continental that flows into the channel since the channel is being redefined to ensure there is adequate capacity. * The proposed drainage channels shall be located within a dedicated drainage easement. * A LOMR will be required to be approved by FEMA prior to receiving final acceptance of the Public Works Permit as well as filing the final plat. UTILITY * Lot 18 has two water meters shown. * The waterline serving Lots 55 and 56 shall be located within an easement * Water meters shall not be located in parking stalls. * Ensure that the required separation distance is met between water and sewer. * Ensure that the water line, fire hydrants, and water meters are located within a water easement for the commercial development. Case No. Attachment C ZA24-0007 Page 10 Fire Department Review The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Label riser room location and indicate size of the riser room) Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide on the commercial and residential portions as long as all structures are being protected throughout with automatic fire suppression systems. (Minimum of 85,000 pounds GVW). (Label the fire lanes on the plans to ensure that the fire lane indicated on the commercial portion of the plans connects to the residential street and meets all of the requirements for emergency access) Fire hydrants are over spaced between the commercial and residential portions of the development, add an additional fire hydrant near the entrance into the residential area. (Add a fire hydrant as required) Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA24-0007 Page 11 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. A pdf of each plan must be submitted by 3/4/2024. If not received before the deadline, the item will be moved to a later P&Z agenda. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. * No review of proposed signs is intended with this plan. A separate building permit is required prior to construction of any signs. * 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. * All development must comply with the standards of the “TZD” Transition Zoning District unless deviations or variances are otherwise approved as part of a Development Plan or Site Plan. * 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. * Note that impact fees will be levied on this project at the time of construction, if approved. No park dedication is noted. Fees in lieu of dedication will be required. 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 ZA24-0007 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 STIVERSON, ELIZABETH SF20A 914 WESTMINSTER WAY 0.54 NR 2 CAMBRIDGE PLACE HOA INC SF20A 1708 E CONTINENTAL BLVD 0.24 NR 3 STAERCKE, MARY L SF20A 1011 PINE MEADOW CT 0.03 NR 4 ISRANI, RISHI SF20A 1013 PINE MEADOW CT 0.47 NR 5 TREVINO, CARLOS SF20A 1012 PINE MEADOW CT 0.51 NR 6 AHONEN, KARI SF20A 1010 PINE MEADOW CT 0.02 NR 7 O'KEEFFE, XIAO SF20A 1019 SOUTH HOLLOW DR 0.02 NR 8 HOWELL, THOMAS EDWARD SF20A 1021 SOUTH HOLLOW DR 0.40 NR 9 TWAMLEY, CHRISTIAN SF20A 915 WESTMINSTER WAY 0.08 NR 10 SOUTH HOLLOW HOMEOWNERS SF20A 1700 E CONTINENTAL 0.15 NR Case No. Attachment D ZA24-0007 Page 2 ASSOC BLVD 11 SOUTH HOLLOW HOMEOWNERS ASSOC SF20A 1600 E CONTINENTAL BLVD 0.04 NR 12 GREEN PASTURES PROPERTIES LLC I1 1857 E CONTINENTAL BLVD 0.40 NR 13 C & L CAPITAL INVESTMENTS LLC TZD 1589 E CONTINENTAL BLVD 0.22 NR 14 HOHENBERGER, ARTHUR TZD 1141 TEALWOOD CT 0.08 NR 15 SHAMSUDDIN, KARIM TZD 1140 TEALWOOD CT 0.22 NR 16 RUTH ANN ADAMS IRREVOCABLE TRU I1 1204 WOODSEY CT 0.35 NR 17 MARK RICHARD POWELL TRUST MH 1206 WOODSEY CT 0.39 NR 18 WONG, RONALD TZD 1136 TEALWOOD CT 0.23 NR 19 ANDERSON, CASEY L TZD 1137 TEALWOOD CT 0.08 NR 20 AMIN, FURRUKH TZD 1132 TEALWOOD CT 0.23 NR 21 WANG, JEFF C MH 1208 WOODSEY CT 0.37 NR 22 C & L CAPITAL INVESTMENTS LLC TZD 1130 TEALWOOD CT 0.23 NR 23 DUCEY, CHRISTOPHER TZD 1128 TEALWOOD CT 0.23 NR 24 LEWIS, JERRY TZD 1124 TEALWOOD CT 0.04 NR 25 WANG, JEFF C MH 1210 WOODSEY CT 0.35 NR 26 METROPLEX ACOUSTICAL INC MH 1212 WOODSEY CT 0.39 NR 27 BOYLE FAMILY PARTNERSHIP I1 1604 HART ST 1.35 NR 28 SPORRER, MARLA D MH 1214 WOODSEY CT 0.37 NR 29 SPORRER, MARLA D MH 1216 WOODSEY CT 0.38 NR 30 JACOBSON, RYAN MH 1218 WOODSEY CT 0.36 NR 31 HASSELFELDT REVOCABLE TRUST MH 1220 WOODSEY CT 0.37 NR 32 SOUTHLAKE EXCHANGE LLC SP1 1605 HART ST 2.44 NR 33 HENSON, MICHAEL MH 1222 WOODSEY CT 0.37 NR 34 MATLOCK, JUN SONG MH 1224 WOODSEY CT 0.37 NR 35 SUTINEN, OLLI MH 1226 WOODSEY CT 0.36 NR 36 TCP - HQ LLC SP1 1375 BRUMLOW AVE 0.25 NR 37 HOLZ HOLDINGS LLC SP1 1371 BRUMLOW AVE 0.25 NR 38 SUM AND SAM LLC SP1 1367 BRUMLOW AVE 0.24 NR 39 KNEM LIVING TRUST SP1 1363 BRUMLOW AVE 0.47 NR 40 BLIGHT, PAUL E RPUD 1418 MONTGOMERY LN 0.05 NR 41 ERNEST, MICHAEL RPUD 1422 MONTGOMERY LN 0.19 NR 42 GARCIA ATIQUE, JAVIER MH 1228 WOODSEY CT 0.38 NR 43 CCJ PROPERTY MGT LLC SP1 1381 BRUMLOW AVE 0.27 NR 44 SC 1363 BRUMLOW LLC SP1 1385 BRUMLOW AVE 0.35 NR 45 SC 1363 BRUMLOW LLC SP1 1389 BRUMLOW AVE 0.43 NR 46 YONKOSKI, CHRISTIAN RPUD 1426 MONTGOMERY LN 0.24 NR 47 DACHNIWSKY, OREST MH 1230 WOODSEY CT 0.35 NR 47 DACHNIWSKY, ANN MH 1230 WOODSEY CT 0.35 NR 47 DACHNIWSKY, ANN MH 1230 WOODSEY CT 0.35 NR 48 AREECHIRA, SUBHASH RPUD 1430 MONTGOMERY 0.23 NR Case No. Attachment D ZA24-0007 Page 3 LN 49 NANDISH, RAKESH MH 1232 WOODSEY CT 0.39 NR 50 KUBIK, MARK RPUD 1434 MONTGOMERY LN 0.26 NR 51 BUSTOS-CANO FAMILY TRUST MH 1234 WOODSEY CT 0.36 NR 52 DAVIS, DONALD E RPUD 1438 MONTGOMERY LN 0.28 NR 53 AULD, LYNN V MH 1236 WOODSEY CT 0.36 NR 54 WRIGHT BRUMLOW WEST RE LLC AG 1428 BRUMLOW AVE 0.68 NR 55 WRIGHT MUSTANG BUSINESS PARK L I1 1800 SH 26 2.51 NR 56 WRIGHT BRUMLOW WEST RE LLC AG 1540 BRUMLOW AVE 0.92 NR 57 WRIGHT BRUMLOW WEST RE LLC AG 1640 BRUMLOW AVE 0.55 NR 58 SOUTHLAKE, CITY OF AG 1719 E CONTINENTAL BLVD 2.39 NR 59 SOUTHLAKE, CITY OF AG 1638 BRUMLOW AVE 1.24 NR 60 SOUTHLAKE, CITY OF AG 1630 BRUMLOW AVE 1.59 NR 61 WRIGHT BRUMLOW WEST RE LLC AG 1650 BRUMLOW AVE 0.09 NR 62 WRIGHT BRUMLOW WEST RE LLC AG 1660 BRUMLOW AVE 0.21 NR 63 WRIGHT BRUMLOW WEST RE LLC AG 1670 BRUMLOW AVE 0.05 NR 64 ORSER, WILLIAM SF20A 1017 SOUTH HOLLOW DR 0.46 NR 65 ZAPINSKI, PAUL SF20A 912 WESTMINSTER WAY 0.47 NR 66 MARCOTULI, RENO J SF20A 913 WESTMINSTER WAY 0.55 NR 67 KURANI, MOIZ SF20A 1514 SPRUCE CT 0.47 NR 68 SOUTH HOLLOW HOMEOWNERS ASSOC SF20A 1500 E CONTINENTAL BLVD 0.13 NR 69 1207 WOODSEY COURT SERIES MH 1207 WOODSEY CT 0.51 NR 70 1209 WOODSEY COURT SERIES MH 1209 WOODSEY CT 0.54 NR 71 DOSSEY, CAROL MH 1211 WOODSEY CT 0.61 NR 71 DHAUBANJAR, NARESH MH 1211 WOODSEY CT 0.61 NR 71 DHAUBANJAR, NARESH MH 1211 WOODSEY CT 0.61 NR 72 COVINGTON, JIM MH 1213 WOODSEY CT 0.47 NR 73 TAYLOR, CLAY M RPUD 1414 MONTGOMERY LN 0.26 NR 74 YOUSSEF, MEDHAT RPUD 1421 MONTGOMERY LN 0.27 NR 75 PERRY, DELORIS MH 1229 WOODSEY CT 0.51 NR 76 PITCHER, WILLIAM RPUD 1425 MONTGOMERY LN 0.30 NR 77 REGALA, LAARNIE MH 1231 WOODSEY CT 0.49 NR 78 SOTO, MICHAEL A RPUD 1429 MONTGOMERY LN 0.32 NR 79 RAJAJOSHIWALA, PARESH RPUD 1433 MONTGOMERY LN 0.28 NR 80 CARTLIDGE, BENNY R TZD 1101 TEALWOOD CT 0.23 NR Case No. Attachment D ZA24-0007 Page 4 81 HSIEH, SUSAN TZD 1105 TEALWOOD CT 0.23 NR 82 BOYLE FAMILY PARTNERSHIP I1 1600 HART ST 0.99 NR 83 MARTIN, CAROL TZD 1120 TEALWOOD CT 0.23 NR 84 SOUTH HOLLOW HOMEOWNERS ASSOC SF20A 1020 SOUTH HOLLOW DR 0.02 NR 85 BILLINGSLY, GREG MH 1217 WOODSEY CT 0.46 NR 86 LEE AIR PROPERTIES LLC I1 0.53 NR 87 LEE AIR PROPERTIES LLC I1 1941 E CONTINENTAL BLVD 0.51 NR 88 WRIGHT BRUMLOW WEST RE LLC AG 1700 BRUMLOW AVE 7.68 NR 89 AMERICORP LLC MH 1233 WOODSEY CT 0.52 NR 90 XU, H M MH 1237 WOODSEY CT 0.47 NR 91 GORGI, NAGY MH 1221 WOODSEY CT 0.49 NR 92 LANE HAVEN LLC SP1 1219 BRUMLOW AVE 1.02 NR 93 CX3 PROPERTIES LLC I1 1625 BRUMLOW AVE 2.10 NR 94 1595 HART STREET LLC I1 1595 HART ST 0.99 NR 1000 WRIGHT BRUMLOW EAST RE LLC AG 1535 BRUMLOW AVE 3.47 U 1001 WRIGHT BRUMLOW EAST RE LLC AG 1451 BRUMLOW AVE 5.14 U 1002 WRIGHT BRUMLOW EAST RE LLC AG 1537 BRUMLOW AVE 2.30 U 1003 WRIGHT BRUMLOW EAST RE LLC AG 1719 E CONTINENTAL BLVD 22.36 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: One-hundred and two (102) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: Case No. Attachment E ZA24-0007 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-813 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 A PORTION OF TRACT 1A, HARRISON DECKER SURVEY ABSTRACT 438, AND TRACTS 2E04, 2E06 AND A PORTION OF TRACT 2E07A, JOHN N. GIBSON SURVEY ABSTRACT 591, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1719 E. CONTINENTAL BLVD. AND 1451 – 1537 BRUMLOW AVE., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “TZD” TRANSITIONAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 Case No. Attachment E ZA24-0007 Page 2 District under the City’s Comprehensive Zoning Ordinance; and, 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 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 Case No. Attachment E ZA24-0007 Page 3 rights of those who bought or improved property with reference to the classification which existed 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 portions of Tract 1A, Harrison Decker Survey Abstract 438, and Tracts 2E04, 2E06 and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, City of Southlake, Tarrant County, Texas and located at 1719 E. Continental Blvd. and 1451 – 1537 Brumlow Ave and more fully and completely Case No. Attachment E ZA24-0007 Page 4 described in Exhibit “A” from “AG” Agriculture District to “TZD” Transitional Zoning District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. 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 ZA24-0007 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 ZA24-0007 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 _____ day of _____, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA24-0007 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA24-0007 Page 8 EXHIBIT “A” Being described as a portion of Tract 1A, Harrison Decker Survey Abstract 438, and Tracts 2E04, 2E06 and a portion of Tract 2E07A, John N. Gibson Survey Abstract 591, City of Southlake, Tarrant County, Texas and located at 1719 E. Continental Blvd. and 1451 – 1537 Brumlow Ave Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA24-0007 Page 9 EXHIBIT “B” Reserved for approved Development Plan