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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 ZA08-011 Page 2 Case No. Attachment C ZA08-011 Page 3 Case No. Attachment C ZA08-011 Page 4 Case No. Attachment C ZA08-011 Page 5 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 ZA08-011 Page 1 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 Case No. Attachment G ZA08-011 Page 1 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 Case No. Attachment G ZA08-011 Page 2 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 Case No. Attachment G ZA08-011 Page 3 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 Case No. Attachment G ZA08-011 Page 4 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 Case No. Attachment G ZA08-011 Page 5 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 ZA08-011 Page 6 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA08-011 Page 7 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. Case No. Attachment G ZA08-011 Page 8 EXHIBIT “B” Case No. Attachment G ZA08-011 Page 1 Case No. Attachment G ZA08-011 Page 2 Case No. Attachment G ZA08-011 Page 3