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Item 7CCity of Southlake Department of Planning STAFF REPORT June 9, 2004 CASE NO ZA04 -027 PROJECT: Southlake Boarding Facility REQUEST: Dave Shackelford is requesting approval of a specific use permit for a kennel facilitating small domestic pets. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Resolution No. 04 -039 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA04 -027 BACKGROUND INFORMATION OWNER: Four Peaks Acquisition, Inc. APPLICANT: Dave Shackelford PURPOSE: The purpose of this request is to receive approval of a Specific Use Permit to allow the use of a kennel. PROPERTY SITUATION: The property is located on the south side of the 2200 block of E. Continental Boulevard. LEGAL DESCRIPTION: The western portion of Tract 3, Green Meadow Subdivision LAND USE CATEGORY: Industrial CURRENT ZONING: "I -l" Light Industrial District HISTORY: -A final plat for the Green Meadows subdivision was approved by City Council on December 3, 1974. -The rights -of -way for S. Kimball Avenue and E. Continental Boulevard were realigned splitting Tract 2 into multiple parcels. -A plat revision was approved by City Council on December 15, 1998. -A variance to the Driveway Ordinance No. 634 for driveway stacking was approved on May 18, 2004. TRANSPORTATION ASSESSMENT: Case No. ZA04 -027 Master Thoroumhfare Plan The Master Thoroughfare Plan recommends E. Continental Blvd to be a 3- lane, undivided arterial street with 94 feet of right -of -way. Adequate right - of -way exists for this roadway. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly onto E. Continental Boulevard. The site is proposing common access easements that will connect into the sites to the east. E. Continental Blvd is currently a 2 -lane, undivided thoroughfare. May, 2003 traffic counts on E. Continental Blvd (between Crooked Lane & Carroll Ave 24hr West Bound (VVB ) (4,224 East Bound (EB) (4,291) WB Peak A.M. 262) 8 — 9 a.m. Peak P.M. 601 5 — 6 p.m. EB Peak A.M. 768 8 — 9 a.m. Peak P.M. 274 4 — 5 p.m. Attachment A Page 1 PATHWAYS MASTER PLAN: According to the Master Pathways Plan, no trails are planned adjacent to the development. WATER & SEWER: A 12 -inch water line currently exists along the north side of E. Continental Blvd. An 8 -inch sanitary sewer line also exists along the north side of E. Continental Blvd that crosses to the south side of E. Continental Blvd to the east of the proposed site. TREE PRESERVATION: The Landscape Administrator has no comments for this item. P &Z ACTION: June 3, 2004; Approved (5 -0) subj ect to Concept Plan Review Summary No. 2, dated May 28, 2004. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 2, dated June 9, 2004. N:`Conununitv Development`, WP -FILES MEMO 2004cases 04- 027SUP.doc Case No. Attachment A ZA04 -027 Page 2 Vicinity Map Southlake Boarding Facility M Case No. ZA04 -027 Attachment B Page 1 - 41 -1 0.�ar - 0 1 m C r- - '\ SURVET PLAN LOT 3R. GREEN mEAcow suel)NISION AREP OF TRACT a3 PMT QFTRAQT2 GREEN MEADOW scamislow SOIJTVIILAK. TE"S SITE DATA R CONTINENTAL PLAZA INDUSTRIAL PARK FOUR PEAKS DEVELOPMENT, INC. 0 Q LOCATION r HTA I A 0 4 - 0 RECD MAY 1 7 2004 CONCEPT PLANS F—y —1 T.— r) SITE PLAN 0 o� 0 0 n.+ SITE PLAN hC.PlE Ida' • {•. N' REC'0 MAY 1 7 2004 zno4_o27 A Q � Fw P.YU Ap1.tlL.W M I�.00 WglNialt SITE PLAN � - CONCEP T PLANS Ph vaawe m m�ss a = 4""Y•�^y C-101 Fc avuuou r .. mw+wa r«.w cagy. ae,v N l 1 Elite Suites A Five Paw Pet Resort Overview of Services The mission of Elite Suites is to provide the highest level of pet care within a sparkling clean environment that exceeds the pet owner's expectations on every level! We are an all suites pet resort offering each of our canine guest a luxury bed (complete with a posturpedic mattress), an in -suite color television and web -cams throughout the facility (including one in each suite!). Our felines each get a private kitty condo. Our facility leaves nothing to chance. We have contracted the best in the pet care industry in designing and constructing our facility. Customers (and their owners) will see the difference as soon as they drive into our parking lot. Each pet will receive personal attention throughout their stay and will never be unattended once leaving their suite. Our keys to success are. • Unsurpassed Customer Service — Including 24 hour on -site staffing • Environment — A sparkling clean, upscale odor free environment (indoor & outdoor) complete with the latest in filtering systems and computer systems to ensure a safe and enjoyable atmosphere • Location — Provides an easily accessible location for customers and convenient to airports • Reputation — Credibility and integrity with the local neighborhoods and throughout the town Elite Suites will be the industry leaders with the following services: • Overnight pet care for dogs and cats • Doggie - Daycare • Pet Grooming • Pet Bathes a Do- It- Yourself * Professional • Pet Play - Times • Pet Training/Behavior Classes • Retail Sells of Specialty Products • Pct Parties and Photos IA04-027 RECD MAY 12 2004 Case No. Attachment C ZA04 -027 Page 3 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA04 -027 Revised Review No.: Two Date of Review: 06/09/04 ect Name: Concept Plan — Southlake Boarding Facili APPLICANT: ENGINEER: Bacon Group, Inc. Dave Shackelford Rick Bacon 1400 Vino Rosso Ct. 2641 Sunset Plant Road Southlake, TX 76092 Phone: (817) 416 -5653 Fax: Clearwater, FL 33759 Phone: (727) 725 -0]11 Fax: (727) 725 -0209 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/17/04 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. The following changes are needed with regard to general labeling: a) Correct the current zoning for the site to "I -1" and the adjacent zoning to "I -1" and "1-2" in the site data information. b) Provide the land use designation for the site. The current L. U.D. is 'Industrial'. C) Correct the existing zoning on the adjacent properties. All lots are zoned `74 " with the exception of the lots to the west and south being zoned `7 - -2 ". d) Correct the floor area of the vet clinic. Vet clinic cannot exceed 15% (3,338 s.f) of the total floor area (22,255 s.f.) as an accessory use. It appears that the actually area of the clinic is below this amount. 2. Provide a written metes and bounds legal description for the site. Label the bearing in addition to the distance on the property boundaries. 3. Correctly show and clearly distinguish the north bufferyard. 4. The following changes are needed with regard to driveways: a) Correct the name of the nearest intersection to the west to Crooked Lane. b) Correctly dimension the stacking depth of the drive from the connecting R.O.W. The stacking is measured from the property line to the first turning movement into the parking area and equals approximately 32'. Case No. ZA04 -027 Attachment D Page 1 INFORMATIONAL COMMENTS The minimum stacking required for this site is 100 feet. A variance was approved by City Council to allow a minimum of 28 feet of stacking per drive for the overall development. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This review is based on the "I -1" Zoning District Regulations. Case No. ZA04 -027 Attachment D Page 2 Owner Zoning Land Use Acreage 1. Segars, Ralph "I -P' Industrial 7.671 2. Alon USA Refining, Inc "I -P' Industrial 15.584 3. Conoco Inc. Etal "I -1" Industrial 16.654 4. Explorer Pipeline Co. "I -1" Industrial 15.600 5. North Main Partnership "I -P' Industrial 1.809 6. Latigo Property No. 22 "I -P' Industrial 1.500 7. Latigo Property No. 22 "I -P' Industrial 1.500 Case No. ZA04 -027 Attachment E Page 1 Surrounding Property Owners Southlake Boarding Facility Surrounding Property Owner Responses Southlake Boarding Facility Notices Sent: Seven (7) Responses: One (1) from within the 200' notification area • Cantrell, Gary, Latigo Property #22 Partner, P.O. Box 96, Colleyville, TX 76034; opposed. See Attached letter received 6 -2 -04. Three (3) from outside 200' notification area: • Arlon Washburn, Applied Therapeutic Sciences, Inc., 2060 E. Continental Blvd., Southlake, TX 76092; favor. See attached letter received 5 -4 -04. • Clonts, Richard & Susan, 901 West Minster Way, TX 76092; favor. See attached note received 5 -4 -04. • Goldstein, Andrea, 504 Villa Crossing, Southlake, TX 76092; favor. See Attached letter received 6 -2 -04. Case No. Attachment F ZA04 -027 Page 1 Applied Therapeutic Sciences Inc. Rlmart+ Z-OSO East Continental Blvd. �a . Southfdke, TX 78092 817-421-233 Fax 817-1421-2418 _ ....w .....�. 4,130/04 To all interested parties involved in the dog kennel project; Air. Shackelford has presented me r ;pith the new plans for a different location of the drip kennel project that lie and his company are planning. It is my understanding that the building tanks and the fuel tan will act as a shield to noise that the dogs may make in the nuns and other parts of the property. The new location will better fit my desires to keep the area somcv, noise free and tivould be less of a destration to my cEents. If the building goes where Mr. Shackelford indicated and if the kennel setup is in the indicated formation that was presented to me; I hereby withdraw my objection to the project. sin ely; Arlon: Washburn ,R-N4T President RECD M AY 0 4 2004 ZA04-027 Case No. ZA04 -027 Attachment F Page 2 SEWEU a I ' X '( 7) lr- O RECD MAY 0 4 2004 ZA04 -027 Case No. Attachment F ZA 04 -027 Page 3 RECD JUN 0 2 2004 _- teary L. Cantrell Company, Inc. R EAL ESTATE DEVELGPMENT/INVESTMENTS June 2, 2004 Planning and Zoning; Commission City Council City of Southlake 1400 Main Street Southlake, TX 76092 Ile: ZA04 -027, Dog Kennel, South Side of Continental Blvd., Western Portion of Green Meadows Addition Dear Planning and Zoning Commissioners and City Council: I am opposed to the special use permit for the dog kennel. I know from personal experience that 25 dogs barking outside at one location will violate the Noise Nuisance Ordinance. I will support the kennel only if they keep the dogs inside their building (contained within walls with rood all the time. I am pleased that the applicant withdrew his previous zoning request because my partner and I own seven (7) vacant lots on the north side of Continental Blvd within 200 feet of the previous proposed location- I do not need to hire an attorney to speak for me or hire a sound consultant from Connecticut to dispute their claims that they can mitigate the barking noise with fences without a roof. I know from experience that their claims are overstated. Dog barking can be heard for 1000 -1500 feet depending on the wind and weather. Plus, the irregular inflections and pitch of the barking; is a nuisance even at low decibel levels. The applicant may be an honorable person, but, please remember that he has no experience with kennels! Think about it- Why create a nuisance problem at a potentially desirable location. The City is spending $millions to make Kimball Rd and Continental Blvd a highly desirable location for future business development. No business owner wants to be near a dog kennel with 25 dogs barking at least 4 hours a day. Please deny. Th you for your serious consideration, 'Gar�Cantrell Partner, Latigo Property #22 Celebra 20 Years P.O. Box 96 * C:olleyville, TX 76034 • 817 -571 -4834 • Fax 817- 685 -7739 Case No. ZA 04 -027 Attachment F Page 4 May 26, 2004 Southlake City Council 1400 Main Street Southlake, Texas 76092 Dear Southlake City Council: I'm writing in support for the new pet boarding facility located on Continental Blvd. I am excited that this type of business is being planned for our town. As a Realtor and a Southlake citizen, I feel that this type of business will help represent an upscale community. I hope that you will take this letter into consideration and see that Southlake need this business. Sincerely, Andrea Goldstein 504 Villa Crossing Southlake, TX 76092 Case No. ZA 04 -027 RECD J U N 0 3 2004 Attachment F Page 5 RESOLUTION NO. 04 -039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR KENNELS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS THE WESTERN PORTION OF TRACT 3, GREEN MEADOW SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for kennels has been requested by a person or corporation having a proprietary interest in the property zoned as "I -1" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (16) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof, and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for kennels on the property being legally described as the western portion of Tract 3, Green Meadow Subdivision, an addition to the City of Southlake, as recorded in Volume 888 -96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 1.612 acres, more fully and completely described in Exhibit "A ", and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subj ect to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements Case No. Attachment G ZA04 -027 Page 1 and special conditions shall be applicable to the granting of this Specific Use Permit: 1 2. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2004. CITY OF SOUTHLAKE IM ATTEST: Lori Farwell City Secretary Case No. ZA04 -027 Andy Wambsganss, Mayor Attachment G Page 2 EXHIBIT "A" Being legally described as the western portion of Tract 3, Green Meadow Subdivision, an addition to the City of Southlake, as recorded in Volume 888 -96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 1.612 acres. Case No. ZA04 -027 Attachment G Page 3 I IN 00 El SITE PLAN �1" i I r;fl7E PLAN RECT) MAY 1 7 2004 ZA04-027 CONCEPT FLAW 101 I 1 M4�-, EXHIBIT "C" This page reserved for the approved City Council motion. Case No. ZA04 -027 Attachment G Page 5