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Item 6DCity of Southlake Department of Planning & Development Services S T A F F R E P O R T July 11, 2007 ZA07-050 CASE NO: Zoning Change and Revised Concept Plan for Southlake Town Square PROJECT: REQUEST: Cooper & Stebbins is requesting approval of a zoning change and revised concept plan for the purpose of changing the block configurations and realigning Division and State Streets to accommodate the proposed DPS Central Facility. This plan also relocates open space from the north side of Division Street to the south side directly adjacent to McPherson Park. This relocation results in 0.51 acres of park land being added to McPherson Park and a 0.44 acres open space reduction from the currently approved concept plan. A portion of the property included in the revised concept plan is also being rezoned from “C-3” general commercial district to “DT” downtown district. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and revised concept plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-410a (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA07-050 BACKGROUND INFORMATION OWNER: City of Southlake APPLICANT: Cheatham & Associates PROPERTY SITUATION: 1528 Main St, 1526 Main St, 1514 Main St, 1516 Main St, 1524 Main St, 1500 Main St, 1512 Main St, 1510 Main St, 1508 Main St, 1522 Main St, 1506 Main St, 1504 Main St, 1520 Main St, 1518 Main St, 179 Summit Ave, 177 Summit Ave, 175 Summit Ave, 173 Summit Ave, 171 Summit Ave, 169 Summit Ave, 167 Summit Ave, 165 Summit Ave, 163 Summit Ave, 161 Summit Ave, 1420 Division St, 1299 Division St, 1297 Division St, 1400 Plaza Pl, 1430 Division St, Plaza Pl, 1420 Plaza Pl, 1430 Plaza Pl, 1440 Plaza Pl, Plaza Pl, Plaza Pl, 1450 Plaza Pl, 410 Grand Ave W, State St, 1431 Plaza Pl, 400 Grand Ave W, 351 State St, 429 Grand Ave E, 399 Grand Ave E, Plaza Pl, State St, 310 Grand Ave W, Grand Ave W, Grand Ave W, Grand Ave E, Grand Ave E, 316 Grand Ave W, 327 Grand Ave E, State St, 250 Grand Ave, Federal Way, 1451 Federal Way, 251 Grand Ave, 1401 Federal Way, 1568 Main St, 1566 Main St, 1564 Main St, 1562 Main St, 1560 Main St, 1534 Main St, 1532 Main St, 1530 Main St, 1301 E Sh 114, 180 State St, 112 State St, 140 State St, 1235 Main St, 1256 Main St, 1230 Main St, 1200 Main St, 1240 Main St, 1400 Civic Pl, 1422 Main St, 1460 Main St, 181 Grand Ave, 115 Grand Ave, 1430 Southlake Blvd, 141 Grand Ave, 1431 Main St, 1400 Main St, 1400 Fountain Pl, 1400 Southlake Blvd, 331 N Carroll Ave, 300 State St, 1560 E Southlake Blvd, 1570 E Southlake Blvd, 1501 Main St, E Sh 114, Central Ave, 1500 E Southlake Blvd, 1501 E Sh 114, and, 245 N Carroll Ave. LEGAL DESCRIPTION: Tracts 2A5, 2A5D, 2A5E, 3A, 3J, R Eads Survey A-481, Lot 2 Greenway Carroll Addition, Lot 1, Block 12 & a portion of Lot 6, Block 3R2, Southlake Town Square Phase IV. LAND USE CATEGORY: Town Center CURRENT ZONING: “DT” Downtown District, “C-3” General Commercial District, and “S-P-1” Detailed Site Plan District. REQUESTED ZONING: “DT” Downtown District and “S-P-1” Detailed Site Plan District. P&Z ACTION: June 7, 2007; Approved (7-0) subject to staff report as presented. COUNCIL ACTION: June 19, 2007; Approved first reading (6-0) noting: 1)The City will retain 0.44 acres of open space with location to be determined later; 2)Requiring a schematic for the open space to be brought before Council prior to the final approval of the block north of the Brownstones; 3)Requiring the open space north of the Brownstones to be open to the public. Case No. Attachment A ZA07-050 Page 1 STAFF COMMENTS: The proposed revisions are limited to the shaded/hatched areas and the zoning change is limited to the hatched areas only as shown on the attached concept plan. Due to the limited scope of this request no separate review summary has been provided. However, the following condition applies: The applicant proposes open space in Block 19 and future open space in Block 11 to be private. According to the “DT” district, all open space designated in non- residential areas by the Concept Plan “must be provided for public use” whether dedicated as public park land or privately owned and maintained. The applicant originally proposed an open space reduction of approximately 4.2 acres, with a ½ acre being added to McPherson Park. This plan was presented to the Park Board on May 14, 2007 and was given the following recommendation: APPROVED 7-0, Motion to recommend: 1)Acceptance of approximately .5 acres of park land on the northwest corner of McPherson Park in lieu of approximately ± 1 acre north of McPherson Park; and 2)Developer is to maintain a minimum of 2.2 acres of private open space north of the Brownstones with the use of park credits or payment of park dedication fees to be applied to the difference between 2.8 acres and the actual private open space; and 3)Developer to pay park dedication fees outright for remaining open space requirements of ± 1 acre.) The plan has since been revised and appears to comply with the recommendations of the Park Board. N:\Community Development\MEMO\2007cases\07-050ZRCP.doc Case No. Attachment A ZA07-050 Page 1 Case No. Attachment B ZA07-050 Page 1 Case No. Attachment C ZA07-050 Page 1 Case No. Attachment C ZA07-050 Page 2 Case No. Attachment C ZA07-050 Page 3 Surrounding Property Owners Southlake Town Square SPO # Owner Zoning Land Use Acreage Town Center 1. Slts Land Lp DT 1.716 Town Center 2. Slts Land Lp DT 1.701 Town Center 3. Slts Land Lp DT 3.722 Town Center 4. DT 0.581 Town Center 5. Slts Land Lp DT 2.896 Town Center 6. Slts Land Lp DT 0.403 Town Center 7. Slts Grand Avenue Lp DT 2.552 Town Center 8. Slts Grand Avenue Lp DT 0.745 Town Center 9. Slts Grand Avenue Lp DT 0.229 Town Center 10. Slts Grand Avenue Lp DT 0.505 Town Center 11. Slts Grand Avenue Lp DT 2.963 Town Center 12. Slts Grand Avenue Lp DT 1.365 Town Center 13. Slts Grand Avenue Lp DT 0.128 Town Center 14. Slts Grand Avenue Lp DT 0.061 Case No. Attachment D ZA07-050 Page 1 Town Center 15. Slts Grand Avenue Lp DT 0.063 Town Center 16. Slts Grand Avenue Lp DT 0.061 Town Center 17. Slts Grand Avenue Lp DT 0.061 Town Center 18. Slts Grand Avenue Lp DT 0.063 Town Center 19. Slts Grand Avenue Lp DT 0.061 Town Center 20. Slts Grand Avenue Lp DT 0.061 Town Center 21. Slts Grand Avenue Lp DT 0.06 Town Center 22. Slts Grand Avenue Lp DT 0.063 Town Center 23. Slts Grand Avenue Lp DT 0.062 Town Center 24. Slts Grand Avenue Lp DT 0.062 Town Center 25. Slts Grand Avenue Lp DT 0.061 Town Center 26. Slts Grand Avenue Lp DT 0.063 Town Center 27. Slts Grand Avenue Lp DT 0.061 Town Center 28. Slts Grand Avenue Lp DT 0.062 Town Center 29. Slts Grand Avenue Lp DT 0.073 Town Center 30. Slts Grand Avenue Lp DT 0.077 Town Center 31. Slts Grand Avenue Lp DT 0.064 Town Center 32. Slts Grand Avenue Lp DT 0.063 Town Center 33. Slts Grand Avenue Lp DT 0.064 Town Center 34. Slts Grand Avenue Lp DT 0.061 Town Center 35. Slts Grand Avenue Lp DT 0.074 Town Center 36. Slts Grand Avenue Lp DT 0.044 Town Center 37. Slts Grand Avenue Lp DT 0.044 Town Center 38. Slts Grand Avenue Lp DT 0.044 Town Center 39. Slts Grand Avenue Lp DT 0.056 Town Center 40. Slts Grand Avenue Lp DT 0.073 Town Center 41. Slts Grand Avenue Lp DT 0.071 Town Center 42. Slts Grand Avenue Lp DT 0.071 Town Center 43. Slts Grand Avenue Lp DT 0.075 Town Center 44. Slts Grand Avenue Lp DT 0.087 Office Commercial 45. DT 0.307 Town Center 46. Town Square Ventures Lp DT 0.555 Town Center 47. Slts Grand Avenue Lp DT 0.598 Town Center 48. Town Square Ventures Lp DT 0.396 Town Center 49. Slts Grand Avenue Lp DT 0.248 Town Center 50. Slts Grand Avenue Lp DT 0.425 Town Center 51. Town Square Ventures Lp DT 1.971 Town Center 52. Slts Grand Avenue Lp DT 0.341 Town Center 53. Slts Land Lp DT 0.216 Town Center 54. Slts Land Lp DT 0.193 Town Center 55. Slts Grand Avenue Lp DT 0.424 Town Center 56. Slts Grand Avenue Lp DT 2.438 Town Center 57. Slts Grand Avenue Lp DT 0.005 Town Center 58. Slts Grand Avenue Lp DT 0.005 Case No. Attachment D ZA07-050 Page 2 Town Center 59. Slts Grand Avenue Lp DT 0.005 Town Center 60. Slts Grand Avenue Lp DT 0.005 Town Center 61. Slts Grand Avenue Lp DT 0.159 Town Center 62. Slts Grand Avenue Lp DT 0.237 Town Center 63. Slts Land Lp DT 0.255 Town Center 64. Slts Land Lp DT 0.216 Town Center 65. Slts Grand Avenue Lp DT 0.198 Town Center 66. Slts Grand Avenue Lp DT 1.856 Town Center 67. Town Square Ventures Lp DT 1.418 Town Center 68. Town Square Ventures Lp DT 0.481 Town Center 69. Town Square Ventures Lp DT 0.127 Town Center 70. Southlake, City Of CS 2.827 Town Center 71. Cambridge 114 Inc SP2 12.436 Office Commercial 72. Taylor, Earnest E Jr O1 1.499 Office Commercial 73. Greenway-Carroll Road Prtnrs C3 8.377 Town Center 74. Slts Land Lp C3 0.677 Town Center 75. Greenway-Southlake Office Prtn SP1 1.994 Office Commercial 76. Miron, Gary A& Janice L C2 0.539 Office Commercial 77. Z & E Land Llc SP1 1.104 Office Commercial 78. Bruton, Paul R & Doreen SP2 1.022 Office Commercial 79. First Flatiron Inc O1 1.003 Office Commercial 80. Flagstaff Partners Lp O1 1.661 Office Commercial 81. Mystere Ent Inc O1 0.847 Office Commercial 82. Town Square Ventures Lp DT 0.417 Town Center 83. Town Square Ventures Lp DT 0.377 Town Center 84. Town Square Ventures Lp DT 4.331 Town Center 85. Town Square Ventures Lp DT 0.337 Town Center 86. Town Square Ventures Lp DT 0.667 Town Center 87. Town Square Ventures Lp DT 0.28 Town Center 88. Town Square Ventures Lp DT 0.576 Town Center 89. Town Square Ventures Lp DT 4.078 Town Center 90. Town Square Ventures Lp DT 0.748 Town Center 91. Town Square Ventures Lp DT 0.673 Town Center 92. Town Square Ventures Lp DT 0.484 Town Center 93. Town Square Ventures Lp DT 0.388 Town Center 94. Town Square Ventures Lp DT 0.382 Town Center 95. Town Square Ventures Lp DT 0.267 Town Center 96. Town Square Ventures Lp DT 3.617 Town Center 97. Town Square Ventures Lp DT 0.325 Town Center 98. Southlake, City Of DT 0.69 Town Center 99. Southlake, City Of DT 0.809 Town Center 100. Southlake, City Of DT 0.941 Town Center 101. Town Square Ventures Lp DT 2.664 Town Center 102. United States Postal Service DT 2.97 Case No. Attachment D ZA07-050 Page 3 Town Center 103. Southlake Office Center Ltd DT 1.098 Town Center 104. Town Square Ventures Lp DT 2.273 Town Center 105. Reece, Richard T SF20A 0.465 Medium Density Residential 106. Kile, Cindie SF20A 0.475 Medium Density Residential 107. Schlitz, Carl Etux Adrianne SF20A 0.537 Medium Density Residential 108. 550 Nca Ltd O1 1.001 Office Commercial 109. 7330 Fair Oaks Blvd Prt Etal C3 2.359 Town Center 110. Goldfish (De) Lp C3 4.663 Town Center 111. Hd Development Propertiex, Lp C3 11.604 Town Center 112. Vision Three Development Ltd SP1 0.658 Office Commercial 113. Pkb Enterprises Ltd DT 2.072 Town Center 114. Shamrock Pipeline Corp, The C3 0.408 Town Center 115. Pkb Enterprises Ltd DT 5.362 Town Center 116. Brownstone At Town Square Lp DT 9.581 Town Center 117. Slts Land Lp DT 3.902 Town Center 118. Slts Grand Avenue Lp DT 0.267 Town Center 119. Slts Land Lp DT 16.071 Town Center 120. Carroll/1709 Ltd SP2 29.002 Town Center 121. Mendez Ltd AG 3.206 Medium Density Residential 122. Strunck, Juergen F Etux Gisela AG Office Commercial 3.275 Medium Density Residential 123. Prade, C A Jr Etux Anita AG Office Commercial 16.19 Medium Density Residential 124. Peterka, Carol J Williams Etal C3 Office Commercial 0.196 Case No. Attachment D ZA07-050 Page 4 Surrounding Property Owner Responses Southlake Town Square Notices Sent: One Hundred Twenty-four (124). Responses Receive: One (1).  Strunck, Juergen & Gisela (SPO# 122), Southlake, submitted a Notification Response Form in Favor on June 7, 2007 (see attached). Case No. Attachment E ZA07-050 Page 1 Case No. Attachment E ZA07-050 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-410a 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 ASTRACTS 3A, AND A PORTION OF TRACT 3J, R. EADS SURVEY ABSTRACT NO.481, LOT 2 GREENWAY CARROLL ADDITION, LOT 1, BLOCK 12 & A PORTION OF LOT 6, BLOCK 3R2, SOUTHLAKE TOWN SQUARE PHASE IV., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-3” GENERAL COMMERCIAL DISTRICT TO “DT” DOWNTOWN DISTRICT, 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 “C-3” General Commercial District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA02-104 Page 7 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, Case No. Attachment F ZA02-104 Page 8 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Case No. Attachment F ZA07-050 Page 1 Tracts 3A, and a portion of Tract 3J, R. Eads Survey Abstract No.481, Lot 2 Greenway Carroll Addition, Lot 1, Block 12 & a portion of Lot 6, Block 3r2, Southlake Town Square Phase IV., and more fully and completely described in exhibit “A” from “C-3” general commercial district to “DT” downtown district 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. SECTION 5. Case No. Attachment F ZA07-050 Page 2 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. 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 Case No. Attachment F ZA07-050 Page 3 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. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Case No. Attachment F ZA07-050 Page 4 DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA07-050 Page 5 EXHIBIT “A” Tracts 3A, and a portion of Tract 3J, R. Eads Survey Abstract No.481, Lot 2 Greenway Carroll Addition, Lot 1, Block 12 & a portion of Lot 6, Block 3r2, Southlake Town Square Phase IV., and more fully and completely described in exhibit “A” from “C-3” general commercial district to “DT” downtown district Reserved for Metes and Bounds Case No. Attachment F ZA07-050 Page 6 EXHIBIT “A” Case No. Attachment F ZA07-050 Page 7