Item 7D
Department of Planning & Development Services
S T A F F R E P O R T
February 27, 2008
ZA08-011
CASE NO:
Zoning Change and Site Plan for Mannhart Building
PROJECT:
REQUEST: Mannhart Holdings is requesting approval of a zoning change and site planfrom I-1
Light Industrial District to S-P-1 Detailed Site Plan District and site plan for Commerce
Business Park.
All buildings and improvements shown on the attached plan are existing. No new
improvements are proposed other than restriping of a loading area for parking. The
purpose of this request is to add certain retail uses and limited indoor entertainment
use to the existing permitted “I-1” light industrial uses as described in attachment ‘C’ of
this report. Additionally, the S-P-1 zoning requests relief from the required 5’ sidewalk
along Commerce Street.
Consider first reading for a zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Site Plan Review Summary No. 2 dated February 27, 2008
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-554
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA08-011
BACKGROUND INFORMATION
OWNER/APPLICANT: Mannhart Holdings
PROPERTY SITUATION: 375 Commerce Street
LEGAL DESCRIPTION: Lot 4, Block A, Commerce Business Park
LAND USE CATEGORY: Industrial
CURRENT ZONING: I-1 Light Industrial District
REQUESTED ZONING: S-P-1 Detailed Site Plan District
HISTORY: Commerce Business Park was originally zoned and platted in 1986.
PATHWAYS
MASTER PLAN: Under new regulations of the Zoning Ordinance, a minimum 5’ sidewalk is
required along the frontage of Commerce Street for any site requiring a City
Council approved site plan..
WATER & SEWER: Water and Sewer are existing
DRAINAGE ANALYSIS: Site primarily drains word Commerce Street
TREE PRESERVATION: There is no new construction proposed which would affect existing plant
material.
P&Z ACTION: February 21, 2008; Approved (6-0) subject to Site Plan Review Summary No.
1, dated February 15, 2008, and subject to the revised list of S-P-1 regulations
distributed to the Commission on February 21, 2008.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 1 dated February 15, 2008.
N:\Community Development\MEMO\2008cases\011 - ZSP - Jump for Fun\Staff Report\08-011ZSP.doc
Case No. Attachment A
ZA08-011 Page 1
Case No. Attachment B
ZA08-011 Page 1
Link To Plans
Case No. Attachment C
ZA08-011 Page 1
Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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SITE PLAN REVIEW SUMMARY
ZA08-011Two02/27/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: -
APPLICANT/OWNER: ARCHITECT:
Mannhart Holdings LLC
Phone: Phone:
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/26/08 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 BEN BRYNER OR DENNIS KILLOUGH AT (817) 748-8069.
1.Under new regulations of the Zoning Ordinance, a minimum 5’ sidewalk is required along the
frontage of Commerce Street for any site requiring a City Council approved site plan. Show and
(Variance Requested)
provide a minimum 5’ sidewalk along the street frontage.
2.Insure that all bufferyard and interior landscape material is installed to current regulations.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
65 and/or 75
* It appears that this property lies within the LDN D/FW Regional Airport Overlay
Zone and will require construction standards that meet requirements of the Airport Compatible
Land Use Zoning Ordinance No. 479.
* * Denotes Informational Comment
Case No. Attachment D
ZA08-011 Page 1
Surrounding Property Owners
Mannhart Building
SPO Owner Zoning Land Use Acreage
#
1. Industrial
Building On Faith Ltd I1 1.572
2. Industrial
Darr Equipment Operating Co I1 5.564
3. Retail Commercial
Anderson, Stephen P I1 0.648
4. Retail Commercial
Holbrook, Thomas M & Lori S SP1 0.751
5. Industrial
Retail Commercial
275 Comerce Ltd SP1 2.004
6. Industrial
P & P Management SP1 2.153
7. Industrial
Mannhart, Edwin I1 1.757
8. Industrial
Rozes, Peter & Kerry I1 1.221
9. Industrial
Big L Inc I1 1.3
10. Industrial
Commerce Business Park Jv I1 3.95
11. Retail Commercial Industrial
Stacey Real Estate Partner Ltd SP1 2.554
12. Industrial
Stacy, James R & Diane SP1 4.049
13. Industrial
Marvin, H K I1 0.935
14. Industrial
Ram Interests I1 1.038
15. Industrial
Bbj & E Ltd I1 1.989
16. Industrial
Akp Management Llc I1 1.442
17. Industrial
Amar Saini Corp I1 1.66
18. Industrial
Wang, Jeff (Chaur-Tarng) I1 0.769
19. Industrial
Freeman Knutson Associates I1 0.808
20. Industrial
Market Loop Ltd I1 0.675
21. Industrial
Rainier Southlake Dst I1 1.634
22. Industrial
Tri Dal Excavation & Utilities SP1 6.669
23. Industrial
Taylot, Henry A & Carole F I1 0.909
24. Industrial
Pack, Leon Tr I1 0.948
25. Industrial
Four Star Investments I1 0.994
Case No. Attachment E
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26. Industrial
Rainier Southlake Dst I1 1.634
27. Industrial
Pima Properties Inc I1 0.706
28. Industrial
Rainier Southlake Dst I1 0.718
29. Industrial
Rainier Southlake Dst I1 0.734
30. Industrial
Rainier Southlake Dst I1 0.724
31. Industrial
Rainier Southlake Dst I1 0.742
32. Industrial
Rainier Southlake Dst I1 0.647
Case No. Attachment E
ZA08-011 Page 2
Surrounding Property Owner Responses
Mannhart Building
Notices Sent: Thirty-two (32).
Responses Received: None (0).
Case No. Attachment F
ZA08-011 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-554
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 LOTS 4,
BLOCK A, COMMERCE BUSINESS PARK; AND BEING
APPROXIMATELY 1.8 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “I-1” LIGHT
INDUSTRIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT WITH “I-1” LIGHT INDUSTRIAL USES AND TO INCLUDE
LIMITED RETAIL USES, 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 “I-1” Light Industrial
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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
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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:
Being Lots 4, Block A, Commerce Business Park, an addition to the City of
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Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214,
Page 60, Plat Records, Tarrant County, Texas, and being approximately 1.8 acres,
and more fully and completely described in Exhibit “A” from “I-1” Light Industrial
District to “S-P-1” Detailed Site Plan District with “I-1” Light Industrial District uses
and to include limited retail uses, as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit “B”, and subject to the following specific
conditions:
(Insert Conditions)
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
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consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
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
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not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
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.
st
PASSED AND APPROVED on the 1st reading the 1 day of November, 2005.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the 17 day of January, 2006.
Case No. Attachment G
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________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
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EXHIBIT “A”
Being Lots 4, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant
County, Texas, and being approximately 1.8 acres.
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EXHIBIT “B”
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