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Item 6D - Narrative July 24, 2024 Narrative for Zoning Change Submittal S-P-2 Generalized Site Plan District for 479 Kimball Avenue, Southlake, Texas This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Section 22, C-3 General Commercial District uses and regulations with the following exceptions: Permitted Uses: The permitted uses shall be restaurant and event space with exterior patios and associated accessory uses per Section 34 of the zoning ordinance. C-3 District allows for restaurant use as well as commercial amusement centers, and auditoriums, theatres, and cinemas. Development Regulations: The site in question is in the 114 Corridor which is part of a Land Use plan that identifies our specific parcel as being immediately adjacent to the Restaurant and Specialty Retail Overlay. Please refer to Exhibit C (attached) which is a page from the Land Use plan concerning the 114 Corridor which shows our site location. Additionally, the site is shown as Mixed Use in the Future Land Use Map which is also attached for reference as Exhibit B. The site development will also be governed by the adjacency to single family residential property to the east within 400’ which will cause Section 43, Part III, Residential Adjacency Standards to apply as well. Additional Information: The focus of this application is to change the zoning of the parcel at 479 North Kimball in Southlake from AG Agricultural to SP-2. The model we have been using for our zoning analysis is C3 Commercial which is the zoning for much of the surrounding area. Please refer to Exhibit A (attached) which is a portion of the Southlake Zoning Map which identifies our site and zoning of adjacent parcels. The restaurant will be an upscale restaurant which will seat 250, for dinner only, 7 days a week. The event space will seat 200 for dining and will likely only be in use on the weekends. At peak times, 450 seats will require 150 parking spaces based on C3 zoning requirements. The requirement is based on 1 spot per every 3 seats in the dining areas. Our site plan is currently configured to provide the required parking. The site has a church to the north of the site and per local liquor licensing laws the front door of our restaurant is more than the required distance from the church. Please refer to Exhibit D (attached) which is a due diligence report from a permit specialist showing the property’s eligibility for a liquor license upon receipt of a zoning change. Case Number ZA24-0030 The closest residence to the site is on the North East side and we have located deliveries, loading and trash on the south side of the site to shield them from the residential neighbors. Please refer to the submitted site plan. Case Number ZA24-0030 SF1A - SINGLE FAMILYRESIDENTIALNRPUD - NONRESIDENTIALPLANNED UNITDEVELOPMENTC3 - COMMERCIALSP2 -GEN.SITEPLANCSRPUDCS -COMMUNITYSERVICENON RESIDENTIAL PLANNEDUNIT DEVELOPMENTSITE479 KIMBALL AVENUEEXHIBIT ACase NumberZA24-0030 SITE479 KIMBALL AVENUEEXHIBIT BCase NumberZA24-0030 S.H. 114 Corridor Plan June 20, 2017 Page 28 MAP 6A The map below shows the land areas where the optional land use categories will be applied. 479 North Kimball Avenue Exhibit C Case Number ZA24-0030 Due Diligence Report Report by: Cherrell Caldwell Report date: May 23, 2024 Address: 479 North Kimball Avenue City: Southlake County: Tarrant Precinct (JP): 3 District: Agricultural Requested Permit: MBFBLH Primary Type of Business at this location: Proposed Commercial or Restaurant Use (Dakota’s Southlake) Overview: Based on our comprehensive due diligence and analysis, your establishment is not legally permitted to apply for MBFBLH permit at the specified location. However, in the event the City of Southlake grants and approval zoning change that allows the restaurant use The subject property would meet the requirements. Throughout our due diligence process, we thoroughly reviewed the local and regional regulations, licensing requirements, and zoning restrictions governing alcohol sales in the relevant jurisdiction. We also examined any specific conditions or limitations associated with your establishment's license. We are pleased to inform you that our findings indicate this business would be in compliance with all applicable laws and regulations if the zoning change is approved. Please note if a church, school, or hospital were to start construction within the prohibited distance prior to the proposed restaurant use this could potentially hinder your permit request. Please note that our due diligence is based on the information available up until May 23, 2024. Despite due diligence results, LaBarba does not guarantee the issuance of an alcohol permit by TABC. Disclaimer: While our due diligence report offers valuable insights into the feasibility of obtaining an alcohol permit for your business, it's important to note that it does not encompass all the necessary requirements for developing/using the property as proposed. To ensure full compliance and readiness for your business venture, we strongly advise obtaining additional due diligence reports. Specifically, we recommend obtaining a parking analysis, zoning due diligence report, and permitting due diligence reports. These reports will provide essential information regarding building permits, zoning regulations, and parking requirements, which are integral aspects of your project's success. It's essential to understand that the information provided in our report may not cover all facets of compliance with City, County, and State regulations. For a more comprehensive review tailored to your specific needs, we encourage you to reach out to your representative to discuss how we can assist you with additional information on parking, zoning, and permitting. Exhibit D Case Number ZA24-0030 Zoning The current zoning is annotated as Agricultural. The Future Land Use Map indicates the property is suitable for Mixed Use. Future Land Use Exhibit Zoning Exhibit SUP (Specific Use Permit) In the event the subject property is re-zoned to allow for the restaurant use a specific use permit would not be required. Protected Uses The state has certain protected uses based on distances. We identify if it meets the protected use requirements. If not, we will identify if a variance is allowed. • 300 feet from a religious institution (Measured front door to front door) o Saint Laurence Church 685.62 feet o Gateway Church Southlake Campus 1.11 miles o Grapevine Church of Christ 1.42 miles • 300 feet from a hospital (Measured front door to front door) o Texas Health Harris Methodist Hospital 1.05 miles o Southlake Medical Plaza 1.74 miles o Baylor Scott & White Medical Hospital 1.60 miles • 300 feet from a public or private school (Measured property line to property line) o Carroll Middle School 3,768.62 feet o Grapevine Christian School 1.41 miles o Primrose School of Southlake 2,439.77 feet Alcohol Sales Permitted Based on TABC the area annotated as District Three is as follows: • PW: B-On, B-Off, W-On, W-Off, DS-Off, MB, RM • Partly Wet (PW): The term "partly wet" means that there are one or more parts of the jurisdiction in which a particular type of beverage sale is legal but there are other parts in that jurisdiction where that type of sale is not legal. • B-Off: Sale of Beer for off-premises consumption authorized Case Number ZA24-0030 • W-On: Sale of Wine for on-premises consumption authorized. Not used to describe areas where sales for on-premises consumption can only take place under the authority of a MB or RM. • W-Off: Sale of wine for off-premises consumption authorized. • DS-Off: Sale of distilled spirits for off-premises consumption authorized. • MB: Sale of mixed beverages authorized. Not used to describe areas where sale of mixed beverages only authorized in restaurants. • RM: Sale of mixed beverages authorized but only in restaurants holding food and beverage certificates Case Number ZA24-0030 Dakota's Southlake ZONING CHANGE - CIVIL NARRATIVE Site Description The proposed site is located north of Highway 114 and East of Kimball Avenue in Southlake, Texas. The approximate 3.8-acre site has a 378 LF of frontage at Kimball Ave. The site topography is defined by a change in elevation of approximately 8-feet across the property, along the S-N direction. The site is heavily wooded. Dakota's Southlake 08.05.24 DD Civil Narrative Page 2 Existing and Proposed Utilities Water A 12-inch public water line runs North to South along the South bound of Kimball Ave. It is anticipated that the domestic and fire service for the new building will connect to this line. A new domestic meter and double check preventer will be provided for this development. A new fire hydrant may need to be installed on the East side of Kimball Ave, adjacent to the site, to provide the required fire protection for the new building. Sanitary Sewer A 10-inch public sanitary sewer line runs North to South along the South bound of Kimball Ave. It is anticipated that the sanitary sewer service for the new building will connect to this line. Dakota's Southlake 08.05.24 DD Civil Narrative Page 3 Available Water Utilities Available Sanitary Sewer Utilities Dakota's Southlake 08.05.24 DD Civil Narrative Page 4 Storm sewer An existing storm sewer and curb inlets are located along the Noth bound of Kimball Ave. Without a comprehensive downstream drainage analysis, it is anticipated that on-site detention will be required for this development to mitigate and increase in runoff due to the added impervious area. The discharge from the detention pond will connect to the existing storm sewer near the site. The release will match the pre-development rates. The anticipated detention volume for this development is around 30,000 CF using the Modified Rational Method. An underground detention structure can be located under the parking area, towards the low spot of the site. The required surface area for the structure will be around 8,500 SF based on a 3.5’ depth. The exact required volume will be validated during the design phase of this project. Refer to sketch below for details. Dakota's Southlake 08.05.24 DD Civil Narrative Page 5 Available Storm Sewer Utilities Fire Protection A minimum of one new fire hydrant will be required to provide the 400’ hose-lay to all corners of the building. A fire lane will be provided on the property if required to satisfy the 150’ max distance to the building. Existing Electrical and Communication Infrastructure An existing overhead electrical line, pole mounted transformers, and power poles are located along Kimbal Ave, North bound. It appears that communication lines are located along these poles in addition to electrical. Dakota's Southlake 08.05.24 DD Civil Narrative Page 6 Available Electrical and Communication/Fiber Optic Lines Natural Gas Infrastructure Based on available record information, no gas lines area available near the site. An existing gas line runs E-W along the E SH 114 service road, approximately 500 feet away from the site. Another line is located across Kimball Ave, at the corner of Kimball Ave and Kimball Park running north, approximately 450 feet away from the site. It is anticipated that the proposed gas line for the site will connect to the existing line on E SH 114 service road. Dakota's Southlake 08.05.24 DD Civil Narrative Page 7 Available Gas Lines Grading and Drainage A new storm system composed of grate and curb inlets, reinforced concrete pipes and on-site detention will be provided for this development. The anticipated underground detention structure will be located on the low side of the property to match the existing condition. The site will be graded to provide positive drainage away from structures and toward the inlets. The runoff will be collected within the detention area and the discharge line connected to the public system. The release from detention structure will match the pre-development condition. Dakota's Southlake 08.05.24 DD Civil Narrative Page 8 End of report