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Item 7 - Staff Report 7 Case No. ZA24-0056 S T A F F R E P O R T November 1, 2024 CASE NO: ZA24-0056 PROJECT: Zoning Change and Site Plan for The Elmore by Marriott EXECUTIVE SUMMARY: Danny Patel, Super Bright Southlake I LLC, is requesting approval of a Zoning Change and Site Plan for The Elmore by Marriott (currently known as The Southlake Hotel) on property described as Kimball Park Addition and located at 2102 - 2116 E. State Highway 114., Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: The purpose of this request is to seek approval of a Zoning Change and Site Plan to modify the colors of the building and add a new screening wall to the existing hotel. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated October 11, 2024 (D) Surrounding Property Owners Map & Responses (F) Ordinance No. 480-657F SPIN Meeting Report PowerPoint Presentation Narrative Plans STAFF CONTACT: Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 Department of Planning & Development Services 7 Case No. Attachment A ZA24-0056 Page 1 BACKGROUND INFORMATION OWNER: Supreme Bright Southlake I LLC APPLICANT: Danny Patel on behalf of The Elmore Hotel PROPERTY SITUATION: 2102 – 2216 E State Highway 114 PROPERTY DESCRIPTION: Kimball Park (Hotel is Lot 1, Kimball Park) LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-2” Generalized Site Plan District PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: - A Zoning Change from “O-1” Office District to “C-3” General Commercial District for Lot A, Block A, Briarwood Estates, Phase I was approved in 1991 for Lake Cities Animal Clinic. - A Zoning Change and Concept/Site Plan (ZA12-067) from “I-1” Light Industrial District to “S-P-2” Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved June 2, 2015. - A Zoning Change and Site Plan (ZA15-142) from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S-P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one- level parking garage was approved March 1, 2016. - A Site Plan (ZA17-002) for Kimball Park Lot 5 Retail/Restaurant, which includes an approximately 9,176 square foot, one-story building on approximately 1.27 acres was approved February 21, 2017. - A Zoning Change and Concept/Site Plan (ZA18-0057) for District 114 at Kimball Park was approved February 19, 2019. 7 Case No. Attachment A ZA24-0056 Page 2 - A Zoning Change and Concept/Site Plan (ZA20-0016) to amend the “S-P- 2” regulations for Kimball Park to add “corporate office with associated events and internal showroom/gallery for displays” as permitted uses to Lot 5 only was approved by City Council on May 19, 2020. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is “Mixed Use”. Definition and Purpose: 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. Mobility & Master Thoroughfare Plan State Highway 114 is a 300’-500’ Freeway. Pathways Master Plan & Sidewalk Plan There is an existing (>=8) Multi-Use Trail located on this section of State Highway 114. UTILITIES: The site is serviced by an existing 12’ water main and an existing 8’ sewer main. CITIZEN INPUT: A SPIN Meeting was held on August 27, 2024. PLANNING AND ZONING: October 17, 2024; Tabled (7-0) administratively on consent. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated October 11, 2024. 7 Case No. Attachment B ZA24-0056 Page 1 7 Case No. Attachment C ZA24-0056 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA24-0056 Review No.: Two Date of Review: 10/11/2024 Project Name: Zoning Change and Site Plan – The Elmore APPLICANT: ARCHITECT: Danny Patel Super Bright Southlake LLC 2104 E. S.H. 114, Southlake, Tx 76092 Phone: 214-960-4060 Phone: Email: Danny@DABUgroup.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/9/2024 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 MORGAN BARCLAY AT 817-748-8127 1. Place the City case number “ZA24-0056" in the lower right corner for ease of reference. 7 Case No. Attachment C ZA24-0056 Page 2 Tree Conservation/Landscape Review LANDSCAPE COMMENTS: * No landscaping is proposed to be removed or altered for the proposed changes, but if any landscaping is removed or damaged it is required to be replaced or planted elsewhere on site. All landscaping is required to be maintained in perpetuity. Landscape Ordinance 544-B, Sect. 10.1 10.1 GENERAL: The Owner shall be responsible for the continued maintenance in perpetuity of all landscaping and irrigation. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, keeping beds mulched in accordance with standard horticultural practices or as recommended by the Landscape Administrator and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter; weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines which are broken and flow water shall be replaced/repaired immediately to prevent the waste of water. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 7 Case No. Attachment C ZA24-0056 Page 3 Public Works/Engineering Review GENERAL COMMENTS: No comments based on the information provided. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us 7 Case No. Attachment C ZA24-0056 Page 4 Fire Department Review GENERAL COMMENTS: Fire sprinklers will be required to be extended beneath the porte-cochere unless the decorative wall is constructed with materials that are noncombustible, limited-combustible, or fire retardant–treated wood as defined in NFPA 703. Lorenzo Chavez Fire Inspector Phone: (817) 748-8233 E-mail: LChavez@ci.southlake.tx.us 7 Case No. Attachment C ZA24-0056 Page 5 General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Building permit(s) are required prior to commencement of any work. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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. 7 Case No. Attachment D ZA24-0056 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 ONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 1.7734784 NR 2 KIMBALL LAKES PROPERTY OWNERS SP2 572 N KIMBALL AVE 0.000505 NR 3 HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.4821421 NR 4 LEE, K WAYNE SP2 566 N KIMBALL AVE 0.2711675 NR 5 CURRENT OWNER SP2 560 N KIMBALL AVE 0.2132932 NR 6 HALIM, EMIL A MF1 725 CHERRY CT 0.9167142 NR 7 KIMBALL ROAD LP I1 500 N KIMBALL AVE 1.6000487 NR 8 FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.4134937 NR 9 POKHREL, PRARTHANA MF1 625 CHERRY LN 0.7979881 NR 10 ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 0.1331058 NR 11 ULTRA REAL ESTATE HOLDINGS LLC MF1 575 CHERRY LN 0.8821974 NR 12 OURONE LLC AG 501 N KIMBALL AVE 0.6702501 NR 13 CHERRY LANE PARTNERS LP O1 485 CHERRY LN 1.5637339 NR 14 HAGAR, STEPHEN T AG 479 N KIMBALL AVE 0.6314851 NR 15 BOWEN SL LTD I1 450 N KIMBALL AVE 0.3694266 NR 16 CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.1019152 NR 17 COMPUTER CPR COMMAND CENTER LL O1 469 CHERRY LN 0.9996807 NR 18 BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.3330319 NR 7 Case No. Attachment D ZA24-0056 Page 2 19 CLTH AND AR ASSOCIATES INC MF1 430 CHERRY LN 0.3608216 NR 20 MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.5269142 NR 21 C & L PARTNERSHIP LTD C2 2000 E SH 114 0.8273196 NR 22 TATE, JOHN T SP2 2120 E SH 114 0.9200307 NR 23 TEXAS PETRO CORP III SP2 2150 E SH 114 0.5583032 NR 24 EJLAD INVESTMENTS LLC MF1 450 CHERRY LN 0.936929 NR 25 PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.0294785 NR 26 LR SOUTHLAKE PARTNERS LP SP1 1980 E SH 114 1.527635 NR 27 PAINTING WITH MERCURY LLC SP2 584 N KIMBALL AVE 0.4659139 NR 28 EARP, JOSHUA SF1-A 650 CHERRY CT 0.9920279 NR 29 JUNEJA, VIKAS RPUD 2201 COTSWOLD VALLEY CT 0.2355432 NR 30 CF 678 TRUST AG 411 N KIMBALL AVE 1.6174326 NR 31 SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.4150513 NR 1000 SUPREME BRIGHT SOUTHLAKE I LLC SP2 2104 E SH 114 3.6444588 U 1001 MDP KIMBALL PARK OFFICE LLC SP2 2108 E SH 114 5.1665806 U 1002 KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.2950734 U 1003 MDP KIMBALL PARK 114 LLC SP2 2102 E SH 114 3.348603 U 1004 MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.9174892 U 1005 SOUTHLAKE PAIN HOLDINGS LLC SP1 2118 E SH 114 0.745764 U 1006 MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.9717094 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-six (36) Responses Received within 300’: None 7 Case No. Attachment E ZA24-0056 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657F 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 KIMBALL PARK, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” DETAILED SITE PLAN DISTRICT TO “S-P-2” DETAILED SITE PLAN 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 “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and, 7 Case No. Attachment E ZA24-0056 Page 2 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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 rights of those who bought or improved property with reference to the classification which existed 7 Case No. Attachment E ZA24-0056 Page 3 at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Kimball Park, City of Southlake, Tarrant County, Texas, 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: 7 Case No. Attachment E ZA24-0056 Page 4 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. 7 Case No. Attachment E ZA24-0056 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. 7 Case No. Attachment E ZA24-0056 Page 6 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 _____ day of _____, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY 7 Case No. Attachment E ZA24-0056 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ 7 Case No. Attachment F ZA24-0056 Page 1 EXHIBIT “A” Being described as Lot 1, Kimball Park, City of Southlake, Tarrant County, Texas Metes and Bounds Description Reserved for metes and bounds description 7 Case No. Attachment F ZA24-0056 Page 2 EXHIBIT “B” Reserved for approved Site Plan