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Item 6ACITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT December 11, 2013 CASE NO: CP13-006 PROJECT: Land Use Plan Amendment for Southlake Plaza II EXECUTIVE SUMMARY: REQUEST DETAILS: The Richmond Group is requesting approval of a Land Use Plan Amendment from Office Commercial to Retail Commercial for Southlake Plaza II on property described as a portion of Tracts 1 B and 1 B1, John A. Freeman Survey, Abstract No. 529, Southlake, Texas and located at 2191 E. Southlake Boulevard and 280 S. Kimball Avenue, Southlake, Texas. SPIN Neighborhood #8 The Richmond Group is requesting approval of a Land Use Plan Amendment from Office Commercial to Retail Commercial for the development of a restaurant/retail shopping center that is being processed concurrently with this application under Planning Case ZA13-100. The southern portion of the development has a future land use designation of Office Commercial while the northern portion has a future land use designation of Retail Commercial. The applicant is proposing to designate the entire development with the Retail Commercial land use designation so there is consistency throughout. Regio al eta I Co Retail Com a cial it Comm mial .CT MixedUse PublldS.—Pubfic di Ivlixetl Existing Land Use Designations — Retail Commercial & Office Commercial The Office Commercial land use category is defined by the Southlake 2030 Comprehensive Plan as: "...designed and intended for the exclusive use of office and limited office -related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality Case No. CP13-006 Page 1 and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development." The applicant's proposed development complies with the Retail Commercial land use category, which is defined by the Future Land Use Plan as: "The Retail Commercial category is a lower- to medium -intensity commercial category providing for neighborhood -type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods." Retail Commercial P.bWS... P.M. Proposed Land Use Designation — Retail Commercial A justification letter from the applicant describing the circumstances of the property is included under Attachment `C' of this staff report. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2nd Reading Land Use Plan Amendment Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Support Information - Link to PowerPoint Presentation (D) Ordinance No. 1078 STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. CP13-006 Page 2 BACKGROUND INFORMATION OWNER: Southlake Plaza II, LP and Robert W. and Pamela S. Gourley Teeter APPLICANT: Richmond Group PROPERTY SITUATION: 2191 East Southlake Blvd. and 280 South Kimball Ave. LEGAL DESCRIPTION: A portion of Tracts 1 B and 1 B1, John A. Freeman Survey, Abstract No. 529 LAND USE CATEGORY: Office Commercial PROPOSED LAND USE: Retail Commercial CURRENT ZONING: "B-1" Business Service and "AG" Agricultural REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "C-3" General Commercial District Uses PLANNING & ZONING COMMISSION ACTION: October 17, 2013; Tabled (5-0) to the next regularly scheduled Planning & Zoning Commission meeting scheduled on November 7, 2013. November 7, 2013; Approved (5-0) subject to Staff report dated November 1, 2013. CITY COUNCIL ACTION: December 3, 2013; Approved (6-0) for a Land Use Plan Amendment from Office Commercial to Retail Commercial for Southlake Plaza II in accordance with staff report dated November 25, 2013. WCommunity DevelopmentVEMOIComp Plan Amendments120131CP13-006 Southlake Plaza IhStaff Report Case No. Attachment A CP13-006 Page 1 Vicinity Map Southlake Plaza II ZA13-100 and CP13-006 T Zoning change and Site Plan 5 Land Use Plan Amendment 0 250 500 1.000 Feet Case No. Attachment B CP13-006 Page 1 Support Information Richmond Group September 30, 2013 architecture & planning Mr. Dennis Killough City of Southlake 1400 Main Street, Ste 310 Southlake, TX 76092 Re: Comprehensive Plan Amendment for 14 AC of Land Southlake Plaza II SWC E Southlake Blvd. (FM 1709) & N Kimball Ave. Mr. Killough: Please accept this letter as our request for an amendment to the Plans already submitted for the above referenced development. This property was originally planned as C-3 along Southlake Boulevard and B-1 for the rear 200'. However, our proposed development will require the entire property to be rezoned as C-3. We contend this designation is consistent with most properties in the area. Further, we believe the overall impact to the rear of the property will be minimal due to development's primary access along Southlake Boulevard. The property to the south of this site is currently part of the CISD and the requested change should not adversely affect any of their property by this usage change. HSQ/swq XC: Jim Strode, Strode Property Company 12200 N. Stemmons Fwy, Ste 317 Dallas, TX 75234 (972) 484-5977 (v) (972) 494-8641 (f) www.rg-arch.com Case No. Attachment C CP13-006 Page 1 Ordinance No. 1078 AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. WHEREAS, a Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter election on April 4, 1987; and, WHEREAS, the Home Rule Charter, Chapter XI requires an update to the City's comprehensive plan elements every four years, WHEREAS, the City Council recognizes that the Consolidated Future Land Use Plan is an element of the Southlake 2030 Plan, the City's Comprehensive Master Plan, WHEREAS, the City Council has determined that the Consolidated Future Land Use Plan complies with the Southlake 2030 Vision, Goals, & Objectives, WHEREAS, the City Council has deemed that the Consolidated Future Land Use Plan has been formulated with adequate public input, WHEREAS, the City Council has deemed that the recommendations in the Consolidated Future Land Use Plan herein reflect the community's desires for the future development of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this ordinance as if copied in its entirety. Section 2. Future Land Use Plan designation for parcels indicated in Exhibit "A" is changed from Office Commercial to Retail Commercial. Section 3. The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the ordinance and minute order of the Council so adopting or approving the same. Any existing element of the Comprehensive Master Plan which has been heretofore adopted by the City Council shall remain in full force until amended by the City Council as provided herein. Section 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Case No. Attachment D CP13-006 Page 1 Section 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 7. 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 3d day of December, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 17t" day of December, 2013. MAYOR ATTEST: CITY SECRETARY Case No. Attachment D CP13-006 Page 2 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. C P 13-006 Attachment D Page 3 EXHIBIT `A' RESERVED FOR METES AND BOUNDS DESCRIPTION AND EXHIBIT Case No. Attachment D CP13-006 Page 4