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Item 6D - Staff Report 6D Case No. ZA24-0054 S T A F F R E P O R T September 24, 2024 CASE NO: ZA24-0054 PROJECT: Zoning Change and Site Plan for 1310-1360 N. White Chapel Blvd EXECUTIVE SUMMARY: Robert Presley is requesting approval of a Zoning Change and Site Plan, on property described as Lots 13R1-13R5, T. M. Hood No.706 Addition, Southlake, Texas, and located at 1310-1360 N. White Chapel Blvd. Current Zoning: “S-P-1” Detailed Site Plan District. Requested Zoning: “S-P-1” Detailed Site Plan District. SPIN District #8. DETAILS: The purpose of this request is to seek approval for a Zoning Change and a Site Plan to permit Tutor of Dragons, a Commercial School/Tutoring Academy, to operate out of 1320 N. White Chapel Blvd. ACTION NEEDED: 1) Hold a Public Hearing 2) Consider 2nd Reading ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map & Responses (D) Ordinance No. 480-424b PowerPoint Presentation Narrative and Plans STAFF CONTACT: Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 Department of Planning & Development Services 6D Case No. Attachment B ZA24-0054 Page 1 BACKGROUND INFORMATION OWNER: Robert Presley PROPERTY SITUATION: 1310-1320 N. White Chapel Blvd. PROPERTY DESCRIPTION: Lots 13R1-13R5, T. M. Hood No.706 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-1” - Detailed Site Plan District PROPOSED ZONING: “S-P-1” - Detailed Site Plan District HISTORY: A Plat Showing (ZA98-154) was approved by the City in December of 1998. (D200005973) In September of 2003 a Zoning Change and Site Plan (ZA03-034) was approved by the City Council. (Ord. No. 480-424) In August of 2005 a Zoning Change and Site Plan (ZA05-012) was approved by the City Council. (Ord. No. 480-424a) A Plat Revision (ZA05-013) was filed September 7, 2005. (D205268734) SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is “Office Commercial”. The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office‐related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi‐Public categories previously discussed. 6D Case No. Attachment B ZA24-0054 Page 2 Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows this section of N. White Chapel Blvd., as a 4-Lane Divided Arterial (A4D) with 88’ ROW. Pathways Master Plan & Sidewalk Plan There is currently a >=8’ multi-use sidewalk located on N. White Chapel Blvd. CITIZEN INPUT: Due to the limited scope of this request, SPIN and Corridor Planning Committee meetings were not held. PLANNING AND ZONING COMMISSION: September 5, 2024 (APPROVED 7-0) subject to Staff Report dated August 30, 2024. CITY COUNCIL: September 17, 2024; 1st Reading (APPROVED 6-0) on the Consent Agenda subject to Staff Report dated September 10, 2024. STAFF COMMENTS: Due to the limited scope of the project a staff review was not required. 6D Case No. Attachment B ZA24-0054 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 6D Case No. Attachment B ZA24-0054 Page 4 SPO # Owner Zoning Physical Address Acreage Response 1 GEOTEL GROUP INC SP1 305 S NOLEN DR 0.930981407 NR 2 HL INVESTMENTS LLC SP1 300 S NOLEN DR 1.826618066 NR 3 CURRENT OWNER SP1 880 S VILLAGE CENTER DR 0.661019387 NR 4 CURRENT OWNER SP1 850 S VILLAGE CENTER DR 0.486537652 NR 5 TOULA KIMBALL- SOUTHLAKE INVEST SP2 415 S KIMBALL AVE 0.717138842 NR 6 CURRENT OWNER SP1 860 S VILLAGE CENTER DR 0.598898941 NR 7 NOLEN PROPERTY LLC SP2 405 S NOLEN DR 0.529379765 NR 8 SP SOUTHLAKE-KIMBALL II LLC SP2 455 S KIMBALL AVE 1.755207167 NR 9 LIMC REAL ESTATE LLC SP1 410 S NOLEN DR 0.604046349 NR 10 CAMBIUM CAPITAL LLC SP1 416 S NOLEN DR 0.146597022 NR 11 MS PRIME HOLDING LLC SP1 508 SILICON DR 0.369921116 NR 12 SILICON TEXAS PROPERTIES LLC SP1 512 SILICON DR 0.645722741 NR 13 495 KIMBALL LLC SP1 565 S KIMBALL AVE 0.540893614 NR 14 PURPLE WEB INC SP1 545 S KIMBALL AVE 0.204534413 NR 15 METROPLEX ACOUSTICAL INC SP1 555 S KIMBALL AVE 0.201439842 NR 16 VARIA, AMEE SF1-A 2449 CROOKED LN 1.181266382 NR 17 CCW-516 SILICON LLC SP1 516 SILICON DR 0.234867135 NR 18 TRI DAL REAL ESTATE LTD SF1-A 2450 CROOKED LN 1.740614268 NR 19 CHURCH OF CHRIST OUR KING SP1 595 S KIMBALL AVE 0.742168748 NR 20 MYAN PLAZA LP O1 520 SILICON DR 0.056454836 NR 21 TRI DAL REAL ESTATE LTD SF1-A 505 S KIMBALL AVE 0.021570457 NR 22 STRUEMPLER, BOBBY G SF1-A 700 WHISPERING WOODS CIR 0.420939017 NR 23 BEECH, EDNA E SF1-A 701 WHISPERING WOODS CIR 1.944172133 NR 24 CHARLESTON COURT LP O1 530 SILICON DR 4.846416037 NR 25 311 LEGACY LLC AG 311 S KIMBALL AVE 5.65800867 NR 26 CASTLE HILLS PROPERTY PARTNERS SP1 200 S NOLEN DR 3.463792964 NR 26 CASTLE HILLS PROPERTY PARTNERS SP1 200 S NOLEN DR 3.463792964 NR 26 AVILA LAND LLC SP1 200 S NOLEN DR 3.463792964 NR 26 L AND P NOLEN #4 LTD SP1 200 S NOLEN DR 3.463792964 NR 26 SOUTH NOLEN MEDICAL INVESTMENT SP1 200 S NOLEN DR 3.463792964 NR 27 PARKWAY COMMERCIAL REALTY LLC O1 2485 E SOUTHLAKE BLVD 1.338651443 NR 28 CORNERSTONE PROFESSIONAL PROPE SP2 2707 E SOUTHLAKE BLVD 5.844727679 NR 1000 DARDEN PROPERTIES OF SP2 360 S NOLEN DR 1.175342083 U 6D Case No. Attachment B ZA24-0054 Page 5 TEXAS LLC 1001 DARDEN PROPERTIES OF TEXAS LLC SP2 380 S NOLEN DR 2.740382247 U 1002 DRAGONS OF SOUTHLAKE LLC SP2 370 S NOLEN DR 1.541013014 U 1003 GMI HQ LLC SP2 350 S NOLEN DR 6.901494209 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Nine (29) (Individual Ownerships) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: 6D Case No. Attachment D ZA24-0054 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-424b 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 LEGALLY DESCRIBED AS LOTS 13R1-13R5, T. M. HOOD NO. 706 ADDITION SOUTHLAKE, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.04 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site 6D Case No. Attachment D ZA24-0054 Page 2 Plan 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 6D Case No. Attachment D ZA24-0054 Page 3 clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, 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: 6D Case No. Attachment D ZA24-0054 Page 4 Being described as Lots 13R1-13R5, T. M. Hood No.706 Addition, Southlake, Texas, and located at 1310-1360 N. White Chapel Blvd., and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-P- 1” Detailed Site Plan District as depicted on the approved Site 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 6D Case No. Attachment D ZA24-0054 Page 5 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. 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 6D Case No. Attachment D ZA24-0054 Page 6 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 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 17 day of September, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: 6D Case No. Attachment D ZA24-0054 Page 7 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ 6D Case No. Attachment D ZA24-0054 Page 8 EXHIBIT “A” Being described as Lots 13R1-13R5, T. M. Hood No.706 Addition, City of Southlake, Tarrant County, Texas and located at 1310-1360 N. White Chapel Blvd. Metes and Bounds Description Reserved for metes and bounds description 6D Case No. Attachment D ZA24-0054 Page 9 EXHIBIT “B” Reserved for approved Site Plan