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Item 4FCity of Southlake Department of Planning & Development Services S T A F F R E P O R T July 11, 2007 ZA07-066 CASE NO: Zoning Change and Site Plan for Commerce Business Park PROJECT: REQUEST: Tri-Dal Ltd. is requesting approval of a zoning change and site plan from "S-P-1" Detailed Site Plan District to "S-P-1" Detailed Site Plan District to include a contractor's storage yard. The purpose of this request is to add a two-story office addition of approximately 4,200 square feet to an existing building. The change of zoning is required for the "S-P-1" Detailed Site Plan District due to the increase in square footage from the previously approved site plan. The specific changes include:  An increase in the floor area of an existing building by approximately 4,200 square feet for office use.  Revisions to the exterior elevations associated with the above changes. The following variance is being requested:  Sidewalk: Sidewalks are required along all street frontages where a City Council approved site plan is required. This site requires such an approval due to the “S-P- 1” zoning. The applicant is requesting a variance. Under the current regulations, none of the adjoining sites would be required to continue the sidewalk. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements of Ordinance 544-A (Landscape Ordinance) only as it pertains to the square footage of the new construction. In this case additional interior landscaping for 20% of the proposed building square footage will be required to be installed upon the inspection for a certificate of occupancy for the new building addition. A total of 420 square feet of interior landscape area must be provided and the following plant material must be provided for the proposed building addition: 1- Canopy Tree 2 – Accent Trees 11 – Shrubs 63 sq.ft. – Ground Cover 8 sq.ft. – Seasonal Color Case No. ZA07-066 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. 3, dated June 29, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-341a (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA07-066 BACKGROUND INFORMATION OWNER/APPLICANT: Tri-Dal Ltd. PROPERTY SITUATION: 540 Commerce Street LEGAL DESCRIPTION: Lot 2R1, Block C, Commerce Business Park Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “S-P-1” Detailed Site Plan District to specifically allow "I-1" Light Industrial District uses plus a contractor's storage yard with outside storage REQUESTED ZONING: “S-P-1” Detailed Site Plan District to specifically allow "I-1" Light Industrial District uses plus a contractor's storage yard with outside storage HISTORY: -A final plat was approved for Commerce Business Park by the City of Southlake on September 2, 1986. -A change of zoning from "I-1" to "S-P-1" was approved by City Council on July 7, 1994. -A plat revision for Lots 2R & 3R, Block C was approved by City Council on May 17, 1994. -City Council approved a plat revision for Lot 2R1, Block C in 1995. -A change of zoning and site plan from "S-P-1" to "S-P-1" was approved by City Council June 6, 2000. The approved site plan revisions were never completed by the applicant. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan does not make any recommendations adjacent to the site. Adequate right-of-way exists adjacent to the site. Existing Area Road Network and Conditions The site currently has three (3) accesses directly onto the Commerce Street and one (1) access directly onto Market Loop. Both Commerce Street and Market Loop are 2-lane local commercial streets within the Commerce Business Park industrial development. Case No. Attachment A ZA07-066 Page 1 May, 2006 traffic counts on Commerce (between Industrial & E. Southlake Blvd) 24hr 2,2252,484 North Bound (NB) () South Bound (SB) () NB 184263 Peak A.M. () Peak P.M. () 11:15 a.m.–12:15 4:30 - 5:30 p.m. p.m. SB 295)230 Peak A.M. ( Peak P.M. () 7:30–8:30 a.m. 12:45–1:45 p.m. PATHWAYS MASTER PLAN: The Pathways Master Plan does not make any recommendations adjacent to this site. Sidewalks are required along all street frontages. The applicant is requesting a variance to this requirement. WATER & SEWER: A 12-inch water line exists along the east side of Commerce Street and an 8- inch water line exists along the east side of Market Loop. A 6-inch sanitary sewer line exists along the west side of Commerce Street. TREE PRESERVATION: The Landscape Administrator has no comments for this item. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The land use designation is Industrial and the proposed zoning is consistent with this designation. Mobility & Master Thoroughfare Plan Recommendations A 5 ft. wide (minimum) sidewalk is required along Market Loop and Commerce Street. P&Z ACTION: July 5, 2007; Approved (5-0) subject to Site Plan Review Summary No. 3, dated June 29, 2007; granting the requested variance. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated June 29, 2007. The site is subject to all previous conditions of approval unless specifically approved otherwise. N:\Community Development\MEMO\2007cases\07-066ZSP.doc Case No. Attachment A ZA07-066 Page 2 Case No. Attachment B ZA07-066 Page 1 Previously Approved Site Plan Case No. Attachment C ZA07-066 Page 1 Revised Site Plan Case No. Attachment C ZA07-066 Page 2 Building Elevations Case No. Attachment C ZA07-066 Page 3 Case No. Attachment C ZA07-066 Page 4 SITE PLAN REVIEW SUMMARY ZA07-066Two06/29/07 Case No.: Review No.: Date of Review: Site Plan Project Name: - Tri-Dal Ltd. APPLICANT: Tri-Dal, Ltd. ARCHITECT: James Miller 540 Commerce St. Southlake, TX 76092 Phone: (817) 424-4399 Phone: Fax: (817) 410-8024 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/18/07 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 AT (817) 748-8602. (A variance has 1.Provide sidewalks along the streets frontages of Commerce St and Market Loop. been requested.) 2.Clarify the label of "stucco product" on the architectural elevation and label as "cement stucco". It is staff's understanding that a true cement stucco application is to be used. 3.Provide a grading plan showing the proposed finished grade of the site shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. Note the City approved benchmark used for topographical information. INFORMATIONAL COMMENTS * Masonry construction meeting the requirements of Ord. 557, as amended, is required on the proposed building expansion. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. Case No. Attachment D ZA07-066 Page 1 * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. Case No. Attachment D ZA07-066 Page 2 Case No Review No.Dated: Number of Pages: . 07-066 Two June 27, 2007 1 Project Name: Commerce Business Park (Zoning / Site Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on June 18, 2007 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== LANDSCAPING: 1. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements of Ordinance 544-A (Landscape Ordinance) only as it pertains to the square footage of the new construction. In this case additional interior landscaping for 20% of the proposed building square footage will be required to be installed upon the inspection for a certificate of occupancy for the new building addition. 420’ square of interior landscape area must be provided and the following plant material must be provided for the proposed building addition. 1- Canopy Tree 2 – Accent Trees 11 – Shrubs 63 sq.ft. – Ground Cover 8 sq.ft. – Seasonal Color Case No. Attachment D ZA07-066 Page 3 COMPREHENSIVE PLAN REVIEW SUMMARY ZA07-066Two6/29/07 Case No: Review No.: Date of Review: Project: Commerce Business Park Application Type: Zoning Change & Site Plan Contact: Jenny Crosby Phone: (817) 748-8195 Email: jcrosby@ci.southlake.tx.us Consolidated Land Use Plan Recommendations The land use designation is Industrial and the proposed zoning is consistent with this designation. Mobility & Master Thoroughfare Plan Recommendations A 5 ft. wide (minimum) sidewalk is required along Market Loop and Commerce Street. A variance has been requested. L:\MEETINGS\DRC\REVIEWS\COMP PLAN\2007\ZA07-066 LOT 2R1 BLK C COMMERCE 2007-06-29.DOC Case No. Attachment D ZA07-066 Page 4 Surrounding Property Owners Commerce Business Park SPO # Owner Zoning Land Use Acreage Retail Commercial 1. Anderson, Stephen P I1 0.648 Retail Commercial 2. Holbrook, Thomas M & Lori S SP1 0.751 Industrial Retail 3. 275 Comerce Ltd SP1 Commercial 2.004 Industrial 4. P & P Management SP1 2.153 Industrial 5. Mannhart, Edwin I1 1.757 Industrial 6. Rozes, Peter & Kerry I1 1.221 Industrial 7. Big L Inc I1 1.3 Industrial 8. Commerce Business Park Jv I1 3.95 Retail Commercial 9. Stacey Real Estate Partner Ltd SP1 Industrial 2.554 Industrial 10. Stacy, James R & Diane SP1 4.049 Industrial 11. Marvin, H K I1 0.935 Industrial 12. Ram Interests Lp I1 1.038 Industrial 13. Bbj & E Ltd I1 1.989 Industrial 14. Akp Management Llc I1 1.442 Industrial 15. Amar Saini Corp I1 1.66 Industrial 16. Wang, Jeff (Chaur-Tarng) I1 0.769 Industrial 17. Harbor Town Partners Lp I1 0.808 Industrial 18. Market Loop Ltd I1 0.675 Industrial 19. Rainier Southlake Dst I1 1.634 Case No. Attachment E ZA07-066 Page 1 Industrial 20. Tri Dal Excavation & Utilities SP1 6.669 Industrial 21. Taylor, Henry A & Carole F I1 0.909 Industrial 22. Pack, Leon Tr I1 0.948 Industrial 23. Four Star Investments I1 0.994 Industrial 24. Rainier Southlake Dst I1 1.634 Industrial 25. Pima Properties Inc I1 0.706 Industrial 26. Rainier Southlake Dst I1 0.718 Industrial 27. Rainier Southlake Dst I1 0.734 Industrial 28. Rainier Southlake Dst I1 0.724 Industrial 29. Slj Commerce/Exchange Ltd I1 0.742 Industrial 30. Rainier Southlake Dst I1 0.647 Case No. Attachment E ZA07-066 Page 2 Surrounding Property Owner Responses Commerce Business Park Notices Sent: Thirty (30). Responses Receive: One (1).  Edwin Mannhart (SPO #5), 375 Commerce Street, submitted a Notification Response Form in Favor on July 2, 2007 (see attached).  Rainier Southlake Dst. (SPO #19, 24, 26, 27, 28, 30), Commerce Street, submitted a Notification Concerns Response Form stating on July 2, 2007 (see attached). Case No. Attachment F ZA07-066 Page 1 Case No. Attachment F ZA07-066 Page 2 Case No. Attachment F ZA07-066 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-341a 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 LOT 2R1, BLOCK C, COMMERCE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3817, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 6.65 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW "I-1" LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE TO "S-P-1" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW "I-1" LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE 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 Case No. Attachment G ZA07-066 Page 1 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 Plan District to specifically allow "I-1" Light Industrial District uses plus a contractor's storage yard with outside storage 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 Case No. Attachment G ZA07-066 Page 2 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 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 Case No. Attachment G ZA07-066 Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 2R1, Block C, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3817, Plat Records, Tarrant County, Texas, and being approximately 6.65 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District to specifically allow "I-1" Light Industrial District uses plus a contractor's storage yard with outside storage to "S-P-1" Detailed Site Plan District to specifically allow "I-1" Light Industrial District uses plus a contractor's storage yard with outside storage as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit “C.” 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 Case No. Attachment G ZA07-066 Page 4 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. 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 Case No. Attachment G ZA07-066 Page 5 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 ten (10) 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. PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. Case No. Attachment G ZA07-066 Page 6 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-066 Page 7 EXHIBIT "A" Lot 2R1, Block C, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3817, Plat Records, Tarrant County, Texas, and being approximately 6.65 acres Case No. Attachment G ZA07-066 Page 8 EXHIBIT "B" Case No. Attachment G ZA07-066 Page 9