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Item 7A Department of Planning & Development Services S T A F F R E P O R T April 11, 2012 CASE NO: ZA11-066 PROJECT: Zoning Site Plan- Architectural Testing, Inc. EXECUTIVE SUMMARY: Architectural Testing, Inc. is requesting approval of a Zoning Change and Site Plan from “I-1” Industrial Zoning District to “S-P-1” Detailed Site Plan District for Architectural Testing on property located at 2865 Market Loop and described as Lot 4, Block C, Commerce Business Park Addition. SPIN # 8 DETAILS: The zoning change and site plan request would maintain the existing base zoning of “I-1” Industrial District uses while allowing for the construction of an outdoor testing area, consisting of a 40’ mockup wall, to expand the scope of the current material performance testing done on site. The request proposes to allow uses and regulations generally listed below and in more detail as provided in “S-P-1” detailed site plan district narrative and plans in “Attachment C”. The S-P-1 site plan district generally proposes:  “I-1” light industrial uses as currently exist to include an outdoor laboratory for mock wall testing up to 40 feet in height;  Impervious coverage increase from 85% (existing) to 95% of lot area;  Bufferyard as proposed on plan and planting chart;  8’ chain link with opaque slats for screening of laboratory yard and trash enclosure (per example photograph) The following variances are requested:  Reduction in required interior landscape area from 1,500 SF to 514 SF with a reduction in the Canopy Trees from 2 to 1, Accent Trees from 5 to 2 and 23 shrubs to 15;  Variance to the noise regulations of the City Code from a maximum of 70 dBA daytime (7am to 9 pm) to 95dBA. (This variance requires City Council approval only.) ACTION NEEDED: 1) Consider Zoning Change and Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Site Plan Review Summary No. 2, dated March 16, 2012 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance 480-618 (H) Full Size Plans (for Commission and Council Members Only) Case No. ZA11-066 STAFF CONTACT: Dennis Killough (817) 748-8072 Matt Jones (817) 748-8269 Case No. ZA11-066 BACKGROUND INFORMATION OWNER/ Architectural Testing, Inc. APPLICANT: PROPERTY SITUATION: 2865 Market Loop LEGAL DESCRIPTION: Lot 4, Block C, Commerce Business Park Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “I-1” Industrial Zoning District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: Property was zoned and platted for “LI” light industrial district 1986; Property was designated as “I-1” light industrial district with the adoption of the Zoning Ordinance No. 480 and official map in September of 1989; The building for this site was constructed in 1995. WATER/SEWER: There are existing water and sewer lines that serve the existing facility. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The Consolidated Future Land Use Plan remains consistent with current LUD designation of “Industrial” uses. The proposed zoning and site plan for Architectural Testing is consistent with the recommended scope of uses under the “Industrial” land use designation. PLANNING AND ZONING COMMISSION: April 5, 2012; Recommend approval (5-0) as requested with the subject to the site plan review summary dated April variances and 5, 2012. There was discussion amongst the Commission with concerns of the overall size of the proposed wall, as well as the noise that could be associated with the uses of the development. CITIZEN INPUT: A SPIN meeting was held on November 14, 2011 at Town Hall. The SPIN report for this meeting is under Attachment “C” of this staff report. STAFF COMMENTS: Attached isSite Plan Review Summary No. 3, dated March 30, 2012. N:\Community Development\MEMO\2011 Cases\066 - ZSP – Architectural Testing\Staff Report Case No. Attachment A ZA11-066 Page 1 Case No. Attachment B ZA11-066 Page 1 Plans and Support Information Case No. Attachment C ZA11-066 Page 1 Case No. Attachment C ZA11-066 Page 2 SITE PLAN Case No. Attachment C ZA11-066 Page 3 Case No. Attachment C ZA11-066 Page 4 SITE DATA SUMMARY Case No. Attachment C ZA11-066 Page 5 SPIN MEETING REPORT CASE NO. Formal Application Pending PROJECT NAME: Market Loop Mock-Up Testing SPIN DISTRICT: SPIN # 8 MEETING DATE: November 14, 2011; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A – 3B TOTAL ATTENDANCE: Three (3)  SPIN REPRESENTATIVE(S) PRESENT: Pattie Minder (# 8)  APPLICANT(S) PRESENTING: Andy Cost, Architectural Testing, Inc.  STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Dennis Killough, Deputy Director Planning and Development Services, (817)748- 8072; dkillough@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation  The property is located at 2865 Market Loop; approximately 0.9 acres in the Commerce Business Park. Development Details  This property is currently zoned I-1, Light Industrial District. Due to the proposed site plan, the applicant is requesting a zoning change to S-P-1 Detailed Site Plan District with Site Plan to accommodate proposed impervious coverage (80% allowed in I-1) requirements. The following details for the proposed use were provided by the applicant during the SPIN presentation: Can test multiple mock-ups at the same time, with all the necessary equipment to o simplify construction and testing. Customer offices, lounge, conference room and wireless Internet. o On-site machine shop and craftsmen keep projects on track in the face of the o unexpected issues. TYPICAL TEST METHODS: ASTM E283 – Air Infiltration/Exfiltration o ASTM E331 – Resistance to Water Penetration – Static Method o ASTM E330 – Uniform Load Testing – Wind Loads o AAMA 501.1 - Resistance to Water Penetration – Dynamic Method o Case No. Attachment C ZA11-066 Page 6 AAMA 501.4 – Horizontal Building Movement – Wind Induced/Seismic o AAMA 501.5 – Thermal Cycling o AAMA 501.7 - Vertical Building Movement – Live Load/Column Shortening o Condensation Evaluation o Building Maintenance Equipment/Anchor Testing o Site improvement exhibit shown at SPIN: QUESTIONS / CONCERNS  How long will it take to construct the proposed site? One to two months. o  Will you test every day? No, actual testing will occur every three to four months. o  Will you have a team to build? Yes, at least four people. o  Will you have a team to test? Yes, at least 10 to 12 people to perform different roles. o  Permanent employees? We will be using different manufacturers and contractors dependent upon the o architectural design to be tested.  Why do you need a new site plan? Our proposal exceeds the 80% impervious coverage that is allowed in the existing o zoning district. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the Case No. Attachment C ZA11-066 Page 7 public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment C ZA11-066 Page 8 SITE PLAN REVIEW SUMMARY Case No.: ZA11-066 Review No.: Three Revised Date of Review: 3/30/12 ZoningSite Plan Project Name: – Architectural Testing, Inc. APPLICANT: ARCHITECT: Architectural Testing Inc., John Waskow 2865 Market Loop Southlake, TX 76092 Phone: (817) 410-7202 Phone: Fax: (817) 424-8463 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/22/12 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 MATT JONES AT (817) 748-8269. * The applicant is requesting approval of the permitted uses and development regulations as in accordance with the S-P-1 zoning narrative included as part of attachment ‘C’ of this report. 1. The following changes are needed with regard to the landscape plan: a. Correct the “required” plantings for the east bufferyard to reflect 16 shrubs and the south bufferyard to reflect 4 accent trees. (applicant requests bufferyrds as proposed on plan and planting chart as part of the “S-P-1” zoning regulations) b. Provide the minimum landscape area and plant material required for the development at the time of construction in 1995. Correct the “required” interior landscape area to reflect 1,500 square feet with 2 canopy trees, 5 accent trees, 23 shrubs and 135 of ground cover. Although this plan does not require new interior landscaping or compliance with the current Interior Landscape regulations of Ord. 544-B, as amended, the proposal will reduce the 1,500 square feet of interior landscape area required at the time of construction of this building in 1995 to approximately 514 square feet, having 1 canopy tree (2 required), 2 accent trees (5 required) and 15 shrubs (23 required). (Variance Requested) Case No. Attachment D ZA11-066 Page 1 2. Public Works/Engineering Review Case No. ZA11-066 Review No. 1 Dated: 12/08/11 Number of Pages: 2 Project Name: Architectural Testing, Inc. Contact: Steve Anderson, Civil Engineer Phone: (817) 748-8101 Fax: (817) 748-8077 Email: sanderson@ci.southlake.tx.us The following comments are based on the review of plans received on 11/28/11 It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. WATER AND SANITARY SEWER COMMENTS: 1. The fire/utility vault needs to have HS20 traffic rated top/lid if remaining in proposed paved area, or relocate or protect with bollards. PAVEMENT COMMENTS: 1.Pavement will need to be inspected by Building Inspections 2.Pavement needs to stop at property line, pavement cannot encroach into Public Right of Way. DRAINAGE COMMENTS: 1.Provide Drainage Area Map and calculations showing effects of increased runoff due to increased paving areas. 2.Provide Grading Plan of proposed paving areas. INFORMATIONAL COMMENTS: * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment D ZA11-066 Page 2 Informational Comments: * SPIN meeting was held on November 14, 2011. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Screening is as proposed in the S-P-1 zoning or as currently exists on the site. * All new or modified lighting must comply with the Lighting Ordinance No. 693, as amended. * The requirement for a 5’ sidewalk along Market Loop has been determined not to be roughly proportional to the scope of this project by the City Engineer. Therefore, no sidewalk is required. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 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. * The applicant should be aware that prior to issuance of a building permit a fully corrected 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. * Denotes Informational Comment Case No. Attachment D ZA11-066 Page 3 Surrounding Property Owners Timarron Country Club SPO # PHYS_ADDR OWNER_NAME ZONING LU_TYPE ACREAGE RESPONSE 1 I1 Retail Commercial 0.65 2915 E SOUTHLAKE BLVD Anderson, Stephen P NR NR 2 SP1 Retail Commercial 0.75 2925 E SOUTHLAKE BLVD Holbrook, Thomas M & Lori S NR 3 SP1 Industrial, Retail Commercial 2.00 275 COMMERCE ST 275 Comerce Ltd NR 4 SP1 Industrial 2.17 325 COMMERCE ST P & P Management NR 5 SP1 Industrial 1.74 375 COMMERCE ST Mannhart, Edwin NR 6 I1 Industrial 1.22 525 COMMERCE ST Rozes, Peter & Kerry NR 7 I1 Industrial 1.30 545 COMMERCE ST Big L Inc NR 8 I1 Industrial 3.95 585 COMMERCE ST Commerce Business Park Jv NR 9 SP1 Industrial, Retail Commercial 2.55 2905 E SOUTHLAKE BLVD Stacey Real Estate Partner Ltd NR 10 SP1 Industrial 4.05 280 COMMERCE ST 280 Sport Llc NR 11 I1 Industrial 0.93 2890 MARKET LOOP H K Marvin Ltd Prtnshp NR 12 I1 Industrial 1.04 2870 MARKET LOOP Ram Interests Lp NR 13 I1 Industrial 1.99 2860 MARKET LOOP Bbj & E Ltd NR 14 I1 Industrial 1.44 2850 MARKET LOOP Akp Management Llc NR 15 I1 Industrial 1.66 2830 MARKET LOOP Amar Saini Corp NR 16 I1 Industrial 0.77 2820 MARKET LOOP Wang, Jeff (Chaur-Tarng) NR 17 I1 Industrial 0.81 2810 MARKET LOOP Jjk Management Llc NR 18 I1 Industrial 0.68 2800 MARKET LOOP Market Loop Ltd NR 19 I1 Industrial 1.63 2805 MARKET LOOP Rainier Southlake Dst NR 20 SP1 Industrial 6.67 540 COMMERCE ST Tri Dal Excavation & Utilities NR 21 I1 Industrial 0.91 2865 MARKET LOOP Taylor, Henry A & Carole F NR 22 I1 Industrial 0.95 2875 MARKET LOOP Pack, Leon Tr Case No. Attachment E ZA11-066 Page 1 NR 23 I1 Industrial 1.00 2895 MARKET LOOP Four Star Investments NR 24 I1 Industrial 1.63 580 COMMERCE ST Rainier Southlake Dst NR 25 I1 Industrial 0.71 726 COMMERCE ST Pima Properties Inc NR 26 I1 Industrial 0.72 2875 EXCHANGE BLVD Rainier Southlake Dst NR 27 I1 Industrial 0.73 2865 EXCHANGE BLVD Rainier Southlake Dst NR 28 I1 Industrial 0.72 2855 EXCHANGE BLVD Rainier Southlake Dst NR 29 I1 Industrial 0.74 2845 EXCHANGE BLVD Rainier Southlake Dst NR 30 I1 Industrial 0.65 2835 EXCHANGE BLVD Rainier Southlake Dst Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fourteen (30) Responses Received: None (0) Case No. Attachment E ZA11-066 Page 2 Property Owner Responses None Case No. Attachment F ZA11-066 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-618 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 DESCRIBED AS LOT 4, BLOCK C, COMMERCE BUSINESS PARK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2865 MARKET LOOP, SOUTHLAKE TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM I-1” LIGHT “ INDUSTRIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, 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 Case No. Attachment G ZA11-066 Page 1 Industrial 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 and 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 Case No. Attachment G ZA11-066 Page 2 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 G ZA11-066 Page 3 Being described as Lot 4, Block C, Commerce Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas being located at 2865 Market Loop, Southlake, Texas, and more fully and completely described in Exhibit “A” from “I-1” Light Industrial Zoning District, to “S-P-1” Detailed Site Plan Zoning District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 1. 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 Case No. Attachment G ZA11-066 Page 4 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 such ordinances, same shall not be affected by this ordinance Case No. Attachment G ZA11-066 Page 5 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. th PASSED AND APPROVED on the 1st reading the 17 day of April, 2012. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY st PASSED AND APPROVED on the 2nd reading the 1 day of May, 2012. ________________________________ MAYOR ATTEST: ________________________________ Case No. Attachment G ZA11-066 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment G ZA11-066 Page 7 EXHIBIT “A” RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. Attachment G ZA11-066 Page 8 EXHIBIT “B” RESERVED FOR APPROVED SITE PLAN Case No. Attachment G ZA11-066 Page 9