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Item 7BCITY OF SOUTHLAI<,-E Department of Planning & Development Services drill 0=:»ll:aI October 29, 2014 CASE NO: PROJECT: ZA14-107 Zoning Change and Site Plan for Bailey Business Park EXECUTIVE SUMMARY: Wilson Income Properties, LLC is requesting approval of a Zoning Change and Site Plan for the proposed Bailey Business Park for the development of 7 lots for office development, on approximately 2.4 acres and located at 1363 Brumlow Avenue. SPIN Neighborhood #8 DETAILS: Wilson Income Properties, LLC is requesting approval of a Zoning Change and Site Plan for the proposed Bailey Business Park for the development of 7 lots for office development totaling approximately 27,604 square feet of office floor area. The property is currently zoned "S-P-1" Detailed Site Plan District. The proposed zoning for the property is "S-P-1" with 1-1" uses. This zoning change and site plan is running concurrently with the Preliminary Plat under Planning Case ZA14-108. Seven lots are proposed. Bailey Business Center Existing Zoning S-P-1 Proposed Zoning S-P-1 with 1-1 uses Gross Area 2.4 acres Number of Proposed Buildings 7 Total Building Area 27,604 sq. ft. Required Parking 92 Provided Parking* 86 Proposed Parking Ratio 1 space: 320 sq. ft. " "S-P-1" Regulation Proposed "Proposed S-P-1" Regulations Parking Requirement: The applicant has proposed a regulation for a 10% reduction to the parking space requirement. The 27,604 square feet of building area will require 92 parking spaces and the applicant is proposing 86 spaces. Additionally, five current loading spaces at the buildings may be converted to parking spaces in the event that warehouse use is no longer used in the building. Parking will be parked at 1 space/ 320 sf for office. A reciprocal parking agreement will be required to be executed prior to issuing a building permit for shared parking. Bufferyard Requirement: The applicant has proposed a regulation to allow no bufferyards along the internal lot lines. Building Setbacks: The applicant is requesting the building setbacks be as shown as: Case No. ZA14-107 Front yard: 40 ft. front yard setback for Building 1 and 35 ft. setback for Buildings 2 -7. The 1-1" Light Industrial setback is 40 ft. minimum adjacent to residential property. Rear yard: 15 ft. setbacks for all buildings. The 1-1" Light Industrial setback is not less than 10 ft. minimum. Sideyard: Minimum 15 ft. setback and 10 ft. between Buildings 2 and 3. The 1-1" Light Industrial setback is 15 ft. Shared Dumpster Agreement: The applicant is proposing a share dumpster agreement for the two dumpster enclosures to be shared by all tenants. The dumpster enclosures are located along the north property line. Seven lots are proposed. Building Height Meets height regulation 2-1/2 story/35 ft. Front Yard 40 -feet 40-feet ■ Side Yard 15-feet exterior/ zero lot line 15-feet interior lots Rear Yard 15-feet 10-feet Lot Area 2.4 gross acre 5 gross acre minimum 10' D west; 5' A north and 10' D east; 5' A north and west; Bufferyards east; 10' F1 south. No and 10' F1 south. interior bufferyards Articulation Meets vertical and Residential Adjacency Overlay horizontal articulation Maximum Impervious 74.8% 80% Coverage Parking 1 space/ 320 sf office 1 space / 300 office Stacking Depth Approx. 45-50-feet* 75- feet rA *variance requested Case No. ZA14-107 Variances Requested: Lotting Requirements: Under Section 8.01 Lotting Requirements of the Subdivision Ordinance, street frontage regulation will be required for the lots on the private access drive. The applicant is proposing a regulation to allow the lots to front on a private drive. Stacking Depth: The applicant is seeking a variance to the Driveway Ordinance No. 634 for the driveway stacking depth. The required stacking depth is seventy-five (75) feet and the proposed regulation is for approximately forty-five (45) to fifty (50) feet stacking depth. Driveway Spacing: The applicant is requesting a variance to the driveway centerline spacing. The required driveway spacing on Brumlow Avenue is 250 feet and the variance request is to allow a 233 foot driveway spacing for the driveway to the north. Additionally, the applicant is proposing a common access driveway with the adjacent property to the south. The property is currently vacant property currently zoned "AG" Agricultural District and the Future Land Use is Mixed Use. The common access easement will be used by the adjacent property to the south. ACTION NEEDED: 1) Conduct Public Hearing 2) 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. 3, dated October 29, 2014 (E) SPIN Meeting Report (F) Surrounding Property Owners Map and Responses (G) Full Size Plans (for Commissioners and Council members only) I;3rAJ;K61.1k111ff" cam: za, Patty Moos Case No. ZA14-107 (817) 748-8067 (817) 748-8269 BACKGROUND INFORMATION OWNERS: Wilson Texas Four, LLC APPLICANT: Wilson Income Properties, LLC :191:1 Ell:4 W&I 111 Vl_r I Eel kilF�iEc�:�c�:�i11'i, Ce "IFTI Ra1=2 LEGAL DESCRIPTION: Tracts 2E1 and 2E2 of the John N. Survey, Abstract No. 591, an addition to the City of Southlake, Tarrant County, Texas CURRENT ZONING: "S-P-1" Detailed Site Plan District with "0-1" Office District uses to include Gymnastics Training Center and Dance Training Center. PROPOSED ZONING: "S-P-1" Detailed Site Plan District with 1-1" Light Industrial District uses. HISTORY: August 20, 2002; City Council approved First Reading (7-0) subject to Site Plan Review Summary No. 3, dated August 2, 2002, and requiring cross access as discussed along the south property line; and subject to Planning and Zoning Commission recommendation (ZA02-046). September 3, 2002; City Council approved Second Reading (7-0) subject to Revised Site Plan Review Summary No. 3, dated August 30, 2002, according to First Reading with exception of requirement of common access easement on south property line; common access easement removed (ZA02-046). April 3, 2014; At the Planning and Zoning Commission meeting, the applicant withdrew an application for a zoning change and site plan and a preliminary plat under Planning Case Nos. ZA14-012 and ZA14-015. CITIZEN INPUT: A SPIN (SPIN #8) meeting was held on September 9, 2014 and the report is included in Attachment D. SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land.P° Use Plan designates this property 6, as Mixed Use and Industrial. The Mixed Use designation is defined as the range of activities permitted, the diverse natural features, and the wA varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively N RYmr planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher - Case No. Attachment A ZA14-107 Page 1 intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. Industrial Uses are defined as industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be characterized by the manufacturing, processing, packaging, assembly, storage, warehousing and/or distribution of products. Ancillary commercial and retail activities associated with these uses are permitted. Public Parks / Open Space and Public / Semi -Public activities as described above may be permitted if surrounding industrial uses do not pose hazards and are sufficiently buffered. The development as proposed appears to be consistent with the intent of the land use designation at this location. Pathways Master Plan The Pathways Master Plan indicates a future sidewalk along the east side of Brumlow Avenue less than 8 feet wide. The applicant is proposing a six (6) foot wide sidewalks along the Brumlow Avenue will be constructed with this development. TREE PRESERVATION: The three (3) existing trees in the right-of-way are proposed to remain with the site development. There are no other trees on the site. UTILITIES: Water The site has access to an existing 8-inch water line from the south along Brumlow Avenue. Sewer The site will have access to an existing 8-inch sewer line at the northeast properties on Hart Street through a utility easement. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will access onto Brumlow Avenue, a two (2) lane undivided arterial with approximately ninety-four (94) feet of right-of- way. * Based on the 2013 City of Southlake Traffic Count Report Case No. Attachment A ZA14-107 Page 2 Traffic Impact * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7rh Edition PLANNING AND ZONING COMMISSION: October 23, 2014; Approved (4-3) subject to the Site Plan Review Summary No. 2 dated October 17, 2014; approving the requested variances and the requested deviations from the "S-P-1" requirements per the Staff Report dated October 17, 2014. STAFF COMMENTS: This site plan is running concurrently with the Preliminary Plat under Planning Case ZA14-108. WCommunity DevelopmentWEMO12014 Cases007 - ZSP - Bailey Business Park Case No. Attachment A ZA14-107 Page 3 Vicinity Map Bailey Business Park ONTGOMERY LN N N N W W a s D r 12A Gh CO W --! �$ � � C.1 O � r 1598 T T WALTHAM DR r c* 1600 1608 1612 is7'a w , �g-7 1594 1602 1604 1610 r a Y O HART ST o � CD 1409 s 1595 1601 1611 .[ ONE T 1413 0 1414 m N N N 1417 Z 1603 1609 f { 18 o 1421 p o m m c* 1422 1605 1607 MONARCH WAT �1426 m r r 1434 1438 1451 1428 1535 1540 1537 1640 16M 1660 1670 1630 133g ZA 14-107 I Zoning Change - and Site Plan 0 90 180 360 Feet Case No. Attachment B ZA14-107 Page 1 Plans and Support Information Approved 2002 Site Plan (ZA02-046) 1 �eun 17�+i1S�' � A3A21f1S N06BIQ HfLi Irm'111111i:11i � 11 SilZd SMIWINIT^ AD I � eerieeeas oeeeeeeed ee nnolnun nniinRri pill E�M11 � SS ttii EE i U 11 r :Hill f 7 E d a arm"MVIRON Case No. Attachment C ZA14-107 Page 1 Approved 2002 Site Plan Building Elevation (ZA02-046) nil UM roc'm 31J5 T-fli . r Case No. Attachment C ZA1 4-107 Page 2 Narrative • wihon INCOME PROPERTIES October 17, 2014 Mr. Dennis Killough Deputy Director Planning & Development Services City of Southlake 1400 Main Street Southlake, TX 76092 Re: Site Plan and Plat Submittals 1363 Brumlow Ave. Southlake Mr. Killough: Please accept the enclosed applications for the above reference property. PURPOSE OF THE APPLICATION: Wilson Texas Four LLC, a Texas LLC, is the owner of the property located at 1363 Brumlow Avenue (Property) and is requesting a revision to the existing development approvals for the property. Wilson Texas Four is requesting approval for Site Plan and Preliminary Plat for the proposed Bailey Business Park for the development of seven lots for construction of office / flex buildings on approximately 2.4 acres. The buildings will be constructed on separate legal lots to allow individuals and businesses to purchase their own facilities providing a pride of ownership opportunity. EXISTING IMPROVEMENTS: The property is currently unimproved except for an existing water well that is currently not active. EXISTING APPROVALS: Wilson Texas Four LLC recently purchased the Property from The Diles Family Trust. In 2002, The Diles Family Trust received approvals from the City of Southlake (Existing Approvals) to construct a 20,364 SF (with future expansion area of 4,500SF) along with a future separate building of 5,500 SF. The total currently approved building area on the Property is 30,364 SF. The Existing Approvals do not require any onsite detention of storm water and the project 1008 Berkshire Road Southlake, Tx. 76092 brettw(a)wilson-ip com Cell: (469) 999-3494 Case No. Attachment C ZA14-107 Page 3 10/17/14 could be constructed today with just a submittal of a building permit. As planned 2 and approved the large building was zoned for office use with a specific approved use for a gymnastics studio and the smaller building was approved for office use. PROPOSED REVISED APPROVALS: PLAT: Wilson Texas Four proposes to develop the property with a total of seven (7) buildings consisting of a total of approximately 27,604 SF of total building area located on seven (7) separate lots. ZONING AMENDMENT: Amend the zoning for the lots to provide for occupancies based on the 1-1 zoning code, which includes all office uses. It is anticipated that any warehouse areas will be a secondary use and, overtime, will likely be converted to office use. As more of the buildings are converted to office uses, the areas identified as "Loading" on the Site Plan will be converted to a parking space. This will provide a total of 91 parking stalls or almost one parking stall for every 300 SF of building area. By providing this level of parking, along with the requested parking variance, users are provided the opportunity to further improve their buildings as their business grows. DEVELOPMENT REGULATIONS. - The Property will provide parking for a full office using the Office Parking Space requirements of 1 space per 320 square feet of Building Floor Area with the requested parking variance. This parking calculation includes the reclassification of the loading area as parking stalls in the event warehouse is no longer used in the building. If the building is to be used for full office space, the loading requirement will no longer be required and the area identified as "Loading" on the site plan will be restriped as a parking stall for office parking use. 2. Since the parking requirements have been calculated for the overall Property, a reciprocal parking and access agreement will be recorded with the Plat along with a shared dumpster agreement. 3. To facilitate the "park" environment of the development, setbacks and buffer yards will not be required along internal boundaries of the lots. The setbacks and buffer yards shall be determined based on the exterior boundaries based on the overall property, specifically, 40' on the western frontage on Brumlow (front yard), 15' on the north and south (side yards) and 10' on the east (rear yard). Case No. Attachment C ZA14-107 Page 4 10/17/14 4. The Property shall comply with Section 43.13 of the Development Code 3 (OVERLAY ZONES) with respect to the western boundary of the Property since there is residential property currently existing across Brumlow Avenue to the west. Building setbacks are to be approved as shown on the Site Plan. 5. The specific size and number of a building(s) or lot(s) may increase or decrease provided that the total square footage to be developed on the Property does not exceed 27,604 sf. For example, if a user for, say, building 7 requires an additional 1,000 SF, that building may be expanded by 1,000 SF and building 6 may be shrunk by 1,000 SF and the lot line between the lots may be adjusted accordingly, Or, if a user would like to combine buildings 2 and 3 into one building, the buildings may be merged and the lots combined. Any such changes shall be approved by they City of Southlake Staff and the resulting buildings shall comply with all ordinances existing at the time of this approval 6. The development is designed with the assistance of the property owner to the south (Mr. Joe Wright) to provide a common driveway access to both Bailey Business Park and Mr. Wright's property (for his future development). Concurrent with the recordation of the Plat an reciprocal access and maintenance agreement shall be recorded for this access 7. Per the Zoning Ordinance, Section 26.5F, the minimum area within a contiguous district boundary shall be a minimum of 2.4 gross acres prior to any street dedications or easements. SITE PLAN APPROVAL: Approve the revised Site Plan for seven (7) Buildings on seven (7) plats. The size of the Buildings and lots may vary as outlined in Paragraph 5 above. Approve the proposed Office / Warehouse development has been designated based on the S-P-1 Zoning requirements with the underlying 1-1 Industrial Zoning Requirements with the following Variances: VARIANCE REQUEST: 1. Stacking Space 2. Internal Buffer Yard Requirements. 3. 10% Parking Variance 4. Variance on 1-1 Development Area. 5. Street frontage variance for lots on a private drive. 6. Driveway separation distance. Case No. Attachment C ZA14-107 Page 5 PLAT APPROVAL: Approve the plat for the property. SCHEDULE: 10/17/14 4 The Property will be developed in response to the demand of the marketplace. We have already received interest in two buildings and anticipate delivering them as soon as possible. Dennis, thank you for your assistance with this submittal Sincerely, WILSON INCOME PROPERTIES LLC Brett Wilson, Manager Case No. Attachment C ZA14-107 Page 6 Ili mll 'ILLLLLLL: � 3f1N3AtlMOl4VfRi8 _ Site Plan 3VX31 `3AV-1Hinos ado�j mwnn�a °^ NUVd SS3Msn8 Jk3nvq �m�� L r 5311*i3dO'6d 3W00N1 NOSTAA .o¢a u 91 il IIIIII�II �� i6111111111 III F91�111111 �� `SISI0IAI� �' 19� 3nN3AVmo-mna8 jIQo — - Case No. Attachment C ZA14-107 Page 7 Landscape Plan SVX31 '3NV1Hj nos adoa molwnae o NJVd SS3NISf18 k3lIVIO � J s S31i- :GdO�ld 3WDON1 NQSl1AA li Z a ;iI, lam Oil —.._..� ---+ ——..—..—.- _- Li 7 J a I A w m Q - 1 ¢ i u I W = W iI ❑ C] � I � r: C� w a • I Ld I0 w m ❑ ne ;i j,► ` � L W 1 3nNDAV MOIMI�19 Case No. Attachment C ZA14-107 Page 8 Building Rendering Case No. Attachment C ZA14-107 Page 9 Building #1 STANDING SEA MTL RooF 2 STUCCO ALUM STOREFRONT FACE BRICK STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER SL4NGI— — — MTL BRIGk STC STONE Building Elevations FRONT ELEVATION 0 10 20 REAR ELEVATION SIDE ELEVATION Case No. Attachment C ZA14-107 Page 10 Building #1 STANDINCs 5Eo MTL ROOF 2 BRICK vENEEI 5TUCC0 ALUM 5TOREFRONT 5TONE vENEE Building #2 SIDE ELEVATION ALT 'I CsLASS/ALUMINUM SECT ON 0 5 io �0 OVERHEAD DOOR ALT 2 GLASS STOREFRONT WIT4-1 MAN DOOR FRONT ELEVATION 10 20 I AIV V IMS StAI-1 TL ROOF 2 12 v__- dp' ALUM 5TOREI=RONT STONE VENEER Case No. Attachment C ZA14-107 Page 11 STANDINCs SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT 5TONE VENEER - Building #2 STANDING SFAI I MTL ROOF 212 STUCCO ALUM STOREFRONT STONE VENEER Building #3 Case No. ZA14-107 REAR ELEVATION w 20 STANDING SEAM MTL ROOF 2 12 STUCCO STONE VENEER ALUM STOREFRONT SIDE ELEVATION JCVIIVIZIyL VYCRr�.YV VVV1� ALT I GLASS/ALUMINUM SECTIONAL OVERHEAD DOOR ALT 2 GLASS STOREFRONT WITH MAN DOOR SIDE ELEVATION 0 5 10 20 Attachment C Page 12 Building #3 STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER F,4GE BRICK FRONT ELEVATION 0 5 10 20 REAR ELEVATION 0 10 20 STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER :JGtil IVIY!-'rL vYGFTG'+1/ 4/vvl� ALT 1 GLASS/ALUMINUM SECTIONAL OvERWEAD DOOR ALT 2 GLASS STOREFRONT LITW MAN DOOR SIDE ELEVATION 0 10 20 Case No. Attachment C ZA14-107 Page 13 STANPING4 SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER FACE BRICK Building #4 STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER SIDE ELEVATION 0 5 10 20 FRONT ELEVATION 0 5 10 20 REAR ELEVATION 0 5 10 20 STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STONE VENEER FACE eRICK Case No. Attachment C ZA14-107 Page 14 SIDE ELEVATION 0 5 10 20 Building #4 STANDING SEAM MTL ROOF 2 12 FACE BRICK STUCCO STONE VENEER STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER ALT I GLASS/ALUMINUM SECTIONAL OVER+4EAD DOOR ALT 2 GLASS STOREFRONT WITH MAN DOOR SIDE ELEVATION 0 5 10 20 Building #5 Case No. ZA14-107 Attachment C Page 15 STANDING SEAM MTL ROOF 2 12 CUPOLA ALTERNATE rRICAL ALL BUILDINGS STUCCO ALUM STOREFRONT STONE VENEER FACE BRICK STANDING SEAM MTL ROOF 2 12 STUCCO STONE VENEER ALUM STOREFRONT Building #5 Case No. ZA14-107 FRONT ELEVATION 0 5 10 20 ALT I GLASS/ALUMINUM SECTIONAL OVERHEAD DOOR ALT 2 GLASS STOREFRONT WITH MAN DOOR REAR ELEVATION 0 5 10 20 SIDE ELEVATION 0 5 10 20 STANDING SEAM MTL ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER Attachment C Page 16 SECTIONAL OVERHEAD DOOR ,4LT 1 GLA55/ALUMINUM SECTIONAL OVERHEAD DOOR ALT 2 GLASS STOREFRONT WITH MAN DOOR SIDE ELEVATION 0 10 20 Building #6 FRONT ELEVATION 10 20 Building #6 1-1 6TC REAR ELEVATION 0 5 10 20 Fl� Case No. ZA14-107 STANDING SEAM MTL ROOF 212 ALUM STOREFRONT STUCCO FACE BRICK STONE VENEER Attachment C Page 17 5ECTIONAL OVERHEAD DOOR ALT I GL4,55/ALUMINUM SECTIONAL OVERHEAD POOR ALT 2 GLA55 5TOREFRONT WITH MAN DOOR SIDE ELEVATION 0 5 10 20 ST,4NDINCx SEAM MTL ROOF 2 12 STUCCO STONE VENEER ALUM STOREFRONT Building #7 rKUIN I LLLVHI MIN 10 20 Case No. ZA14-107 5TANDING SEAM MTL. ROOF 2 12 STUCCO ALUM STOREFRONT STONE VENEER SIDE ELEVATION 10 20 REPRONT cK ��tto Attachment C Page 18 �IfNYV MTL 4LUM STC FAc REAR ELEVATION a io zo �I 5T,4NDING 5EL MTL ROOF 2 5TUCCO ALUM 5TOREFRONT F,4CE BRICK SIDE ELEVATION 10 20 Building #7 Case No. Attachment C ZA14-107 Page 19 Dumpster Enclosure STANDING; SEAM MTL ROOF 2 12 STUCCO STONE VENEER ALUM STOREFRONT ALT I GLASS/ALUMINUM SEGTIONAL OVERHEAD DOOR ALT 2 GLASS STOREFRONT WITH MAN DOOR SIDE ELEVATION 05 10 20 i 03 SIDE SCREEN WALL ELEVATION 02 FRONT SCREEN WALL ELEVATION Case No. ZA14-107 01 DUMPSTER ENCLOSURE FLOOR PLAN -E I i a CASE NO. ZA14-107 Attachment C Page 20 Traffic Impact Analysis THRESHOLD WORKSHEET Title of Plan IBrumlow Business Park Case No. ZA13-012 --_ -- Driveway Ordinance No. 634 requires that a Traffic Impact Analysis (TIA) be submitted with development applications (zoning, concept plan, site plan, etc.) if the proposed development exceeds one or more of the three threshold criteria listed below. No development applications will be accepted unless accompanied by a TIA. For those projects that do not exceed any of the three criteria, a TIA Threshold Worksheet must be submitted and approved by the City Engineer in lieu of the required TIA prior to submittal of the development application. Please describe in detail your evaluation of each criteria listed below. Additional sheets may be attached if necessary. Criteria #1:The development exceeds parking 100 spaces average per driveway. Plan indicates 93 parking spaces so criteria is NOT met. Criteria #2:A� driveway in the development is projected to serve 1000 or more vehicles per day Using ITE Land USE Code 710 General Office Building, the number of daily trips = Average Rate=11.03(28.07) = 31C trips Formula Ln(T) = .76 Ln (28.07) + 3.68 = 500 Criteria # 2 is NOT Met since total trips is less than 1000 vehicles per day. Criteria #3:Anv driveway in the development is projected to serve 100 ingress vehicles or more in the design hour.* AM Peak (Peak hour for ingress to Office site); Average Rate = 1.56 (28.07) = 44 trips Formula = Ln(T) = .80(28.07) + 1.57 = 69 trips; Trips entering = 69 x .88 = 61 vehicles or ingress (entering) in design hour Criteria # 3 is NOT MET since design hour ingress is less than 100 ingress vehicles in design hour. * Unless approved otherwise, trip generation rates should be based on the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. I hereby certify that this project does not exceed any of the three threshold criteria shown above and therefore the development would not warrant a TIA in accordance with Section 3.4 of the Driveway Ordinance No- 634 of the City of Southlake. Name L- Y — Y Registration No. 37109 ; Date 3/31/2014 Firm Binkley &Barfield/C&P —' Phone 972-644-2800 Fax 972 64428i 7 Case No. Attachment C ZA14-107 Page 21 Site Photographs View to the East View to the East View to the East Case No. Attachment C ZA14-107 Page 22 SITE PLAN REVIEW SUMMARY Case No.: ZA14-107 Review No.: Three Date of Review: 10/29/2014 Project Name: Zoning Change and Site Plan for Bailey Business Park APPLICANT: Wilson Income Properties Architect: Ward Architecture Brett Wilson 1008 Berkshire Road Southlake, TX 76092 Phone: (469) 999-3494 Fax: (817) 251-1093 609 Cheeksparger Road, Suite 118 Colleyville, TX Phone: (817) 268-5555 Fax: (817) 268-5558 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/2/14 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos(cD-ci.southlake.tx.us On the Site Plan, include the following information: a. Name, phone, and fax of person preparing the plan. b. Label the distance to the nearest adjacent driveways, north and south, and label the distances to the nearest street R.O.W. intersection. c. Width and type of proposed bufferyard labeled and clearly distinguished on the graphic. Properties within Corridor Overlay Zone see Zoning Ord. 480 § 43.9.c.3. and Exhibits 43- B and 43-C. Show, label and dimension the width of all easements on or adjacent to the site, if any. d. Show and label all minimum building setback lines in accordance with the underlying zoning and/or the designated setbacks per the S-P-1 development regulations. e. If any fencing or entry feature is proposed, provide information on the location, height of the fence, and type of fence material on the Site Plan. 2. Under Section 8.01 Lotting Requirements of the Subdivision Ordinance, street frontage variance will be required for the lots on the private access drive. 3. All development must comply with the underlying zoning district regulations. As indicated on the narrative provided to staff all lots are shown to be designated as "I-1" zoning district. All lots must comply with this districts development regulations. 4. A reciprocal parking agreement will be executed prior to issuing a building permit for shared parking. 5. Provide a common access easement of the adjacent property for the shared entry drive. It will need to be executed through a separate instrument prior to the issuance of a building permit. 6. On the landscape plan and site plan, the south bufferyard labels do not match the Bufferyard Summary Chart. Please revise to match. Case No. Attachment D ZA14- 107 Pagel 7. Although utility easements are typically required around the perimeter of the site, remove any utility easements that may conflict with the drainage easements around the site. This may be determined at the time of the civil review and processing of a final plat. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartina-ci.southlake.tx.us II:7Ell ;Kde]k1;�Ell Wli%IEel k[d0]JiIJilEll k111&1 There are four (4) existing trees in the right-of-way. Please identify all four (4) on the plans. 2. The removal of the five (5) existing trees along the south property line is proposed to be mitigated by planting 108" of trees. The trees proposed to be planted are required interior landscape and bufferyard trees and cannot count toward tree removal mitigation. Tree removal mitigation is separate from the required site development landscape. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. SITE PLAN & LANDSCAPE COMMENTS: The west bufferyard length and canopy tree calculations are incorrect. The length of the required west 10' — D bufferyard minus the width of the access drive is 188'. The required amount of canopy trees is 8. 2. The length of the south 10' — F1 bufferyard is incorrect but the plant material is correct. 3. The length of the north 5' — A bufferyard is incorrect, and the accent tree calculations are incorrect. The length is 479' and the required amount of accent trees is 10. 2. Parking lot islands shall have a minimum width of 12' back-to-back if curbed or 13' edge -to - edge if no curb is intended, and shall be equal to the length of the parking stall. 4. The west bufferyard length is incorrect. The west bufferyard length measures 187' after deducting the width of the access drive. The length is incorrect but the plant material calculations are correct. 5. There are thirty-seven (37) canopy trees shown to be planted throughout the development and the canopy tree calculations within the Interior Landscape and Bufferyards Summary Charts add up to thirty-five (35) canopy trees. Please correct the Interior Landscape and Bufferyards Summary Chart to reflect what is proposed to be planted on the site. 6. There are seventy (70) accent trees shown to be planted throughout the development and the Case No. Attachment D ZA14- 107 Page 2 accent tree calculations within the Interior Landscape and Bufferyards Summary Charts add up to sixty-eight (68) accent trees. Please correct the Interior Landscape and Bufferyards Summary Chart to reflect what is proposed to be planted on the site. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala(cD-ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Civil Construction Plans shall include a paving plan which includes all radii on the site plan. Minimum radii are 30' for fire access. Sidewalks shall be constructed with this development and width shall conform to the Southlake Pathways Plan. Label curb return radius for the proposed drive. Curb return radii for driveways shall be 30' minimum. Driveway extends outside of platted boundary. Refer to Driveway Ordinance No. 634 for design criteria. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 3. Detention ponds shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city's Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. Case No. Attachment D ZA14- 107 Page 3 The area designated as detention pond along the northern property line appears to have a two dumpster pads located within the dedicated easement. An encroachment agreement will be required for both dumpster pads. Driveway extends onto southern property line. There is not a common access easement shown on the plat. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SEWER COMMENTS: 4. Waterline has been revised and no longer loops the property. The previous design was more acceptable to the City. Clearly label all public and private lines. The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. Water meters and fire hydrants shall be located in an easement or right of way. Fire lines shall be separate from service lines. Water lines and sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Although detention pond calculations were provided to determine if this site plan contains adequate storage volume, this design will need detailed review upon receiving civil construction plans. This site may require a larger detention area or underground detention. 2. Although calculations have been provided which demonstrate that the swale along the perimeter of this development has capacity, it should be noted that the current cross section of the swale indicates that the water surface elevation for the swale is 1.07' from the middle of the foundation to the top of the water surface elevation. Engineering standards typically require a 1' freeboard the bottom of the structure to the top of the water surface elevation. 3. Downstream capacity calculations shall be required in the Civil Construction Plans to determine if capacity downstream of this site is adequate to convey the pre -developed discharge. 4. Although grading has been redesigned around the dumpsters; the dumpsters are located at the discharge points (low points) of this development. Ordinance No. 953 "Prohibition of Illicit Connections and Discharges into the Municipal Separate Storm Sewer Systems" prohibits the discharge of dumpster liquids from directly discharging onto a waterway. Penalties for contamination to the storm water system shall be enforced by the City per Ordinance No. 953. 5. Clearly label all private and public storm lines. 6. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 2, 10 and 100- year storm events. Detention may be required with any new proposed building construction. Case No. Attachment D ZA14- 107 Page 4 7. Verify size, shape, and/or location of the detention pond (as depicted on the site plan). Any changes to size, shape, and/or location of the proposed pond may require a revision to the site plan and may need to be approved by the Planning and Zoning Commission and the City Council. Note: detention design will require detail review upon submittal of civil construction plans. 8. Grading plan shall extend outside of platted area for clarity of discharge point 9. Civil construction plans shall contain detailed plans of outfall structure at the detention pond/swale. 10. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. 1k1;101NLY,UIEel k/_1 Wd9]►Yil►YilEll kIII &I * Submit 5 sets of 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.citvofsouthlake.com/PublicWorks/engineeringdesign.asp * Civil construction plans shall include plan sheets for pre -construction, post -construction and permanent erosion control measures and stabilization. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City's sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements(d)ci.southlake.tx.us GENERAL COMMENTS: HVAC units over 2000 cubic feet per minute shall have a duct smoke detector mounted on the return side of the unit, and when activated will shut the unit down. aIN;aIF 1kl;Kde]►Yil►YilEllkIII&I Case No. Attachment D ZA14- 107 Page 5 Fire apparatus access needs to be provided within 150 feet of all buildings on a "hose -lay" basis for non -sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide with 6 inch red striping that contains 4 inch white lettering that states "FIRE LANE NO PARKING" every 25 feet, and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2012 I.F.C. Sec. 503.2.4) An approved turn -around must be provided for fire apparatus due to the fire lane being in excess of 150 feet with a single ingress/egress point. Provide turn -around on the east end of the property near Building 4 or Building 5. FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 300 feet for commercial locations with non - sprinkled buildings. (Hydrants shown do not meet the requirements, spaced beyond the maximum allowance) INFORMATIONAL COMMENTS: All commercial buildings are required to have Knox Box rapid entry systems installed. Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. Community Service/Parks Department Review Peter Kao, P.E. Construction Manager Phone : 817-748-8607 Email : pkaoa-ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting acceptance of dedication of park land or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development. If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in the amount of $2,400 per gross acre x 2.405 acres= $5772.00 will be required. Fees will be collected with the approved developer's agreement. Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Provide 6ft wide sidewalk along Brumlow. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should provide 4ft+ concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right -Of -Way Requirements of the Subdivision Case No. Attachment D ZA14- 107 Page 6 Ordinance and all State of Texas accessibility requirements. General Informational Comments No review of proposed signs is intended with this site plan, including monument signs. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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, 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. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. The use of synthetic products (e.g., EIFS — exterior insulation and finish systems, hardy plank, or other materials) shall not be considered as masonry material. (As amended by Ordinance 480-PPP) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from any rights -of -way as defined in Section 43.19.d. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible from ROW as defined in Section 43.19.d.. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. A shared parking agreement will need to be executed prior to the release of any building permits. Denotes Informational Comment Case No. Attachment D ZA14- 107 Page 7 ZISOUTHLAKE SPIN MEETING REPORT Case Number: ZA14-107 Project Name: Bailey Business Park SPIN Neighborhood: SPIN #8 Meeting Date: September 9, 2014 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: Three (3) Host: Bobbie Heller, Community Engagement Committee Applicant(s) Presenting: Brett Wilson, email: brettw@wilson-ip.com City Staff Present: Jerod Potts, Planner I; Dennis Killough, Deputy Director of Planning and Development Services City Staff Contact: Patty Moos, Planner I: (817) 748-8269 or pmoos@ci.southlake.tx.us Town Hall Forums can be viewed in their entirety by visiting http://www.cityofsouthlake.com and clicking on "Learn More" under Video On Demand; forums are listed under SPIN by meeting date. FORUM SUMMARY: Property Situation: The property is located at 1363 Brumlow Avenue, north of 26 and south of Continental. Development Details: Applicant discussed the proposed development of 7 small flex/office buildings located at 1363 Brumlow Avenue on 2'/z acres. Each of the seven buildings will be on a separate lot. According to the applicant, the size of the buildings will range from 3,000 square feet to 5,990 square feet for a total of approximately 29,000 square feet. The property is adjacent to a residential area; therefore the developer states he will comply with the residential adjacency requirements. The developer further states the roof heights, eave heights, and building heights all fall under the required set -back lines as required by the residential adjacency requirements. The fronts of buildings have been articulated so they are facing the residential areas and fronts of the streets. Developer is planning to use a standing seam metal roof (anodized bronze). There will be different brick elements and stone, as well as reflective glass. Case No. Attachment E ZA14- 107 Pagel Landscaping: Developer states the project will abide by City landscaping requirements. In addition, the developer plans to dedicate roughly 5,000 square feet of land to the City for future expansion of Brumlow Avenue at some point in the future. Driveway: Developer mentioned a concept worked out with the adjacent property owner to the South to consolidate the access points to both properties in one location and will provide a right turn out from this project. There will be a total of three lanes of traffic; two lanes going out of the property, and one coming into the property. Presented at SPIN: Aerials Case No. Attachment E ZA14- 107 Page 2 Landscape Plan Rendering a�q RR U9'E�' < �Ixl CM SI IaL C p _ a W 10 ^�—E W - I - -- -- -- -- - -- - -- - -- — ------ - --- - ---- 1 z� S JOE L. WRIGHT 'dOL. 7713, PG 705 Y D.R.T.C.T a LIVE OAK CRAPE MYRTLE CEDAR ELM a RED OAK ® RED BUD CRINESE PISTACRE F TEXAS ASH 9UROA1 MEXICANPLUM sc u. a.. w. am n m �im a COLOR CODED LANDSCAPE PLAN L-0 Building Rendering Case No. Attachment E ZA14- 107 Page 3 1 I "f I BLDG 1 5,545 SF a Lu I I� I w "I I � I V I 0 � 0-J I I BLDG m 5,]31 SF 25,281 TOTAL SF PARKING REQUIRED: 82 PARKING PROVIDED:8 (INCLUDES 5 LOADING SPACES) Site Plan VTV-------------- 5 W 3758" W SUM eLDG4 3,188 SF I LU Ir a a O rl I� WOO aLDGs I 00 0 >� I 3.M6 SF _ Z yl ZooQ I O — —------J J It Elf a m m QUESTIONS / CONCERNS: • The land that will be dedicated to the City... has there been thought of any kind of island separating in and out lanes? o Have not done a traffic study for this project, because the development does not meet the minimum thresholds for that. This could potentially be further expanded. • Is there any access from the existing to the proposed development or is it separated by landscaping and drainage? o Only access point is the one driveway at the front. The project is entirely self-contained inside. o There are seven separate lots in the property, and an owners association will maintain the trash and the landscaping. • Where will the trash containers be located? o Trash enclosures will be located on the north side of the property. Developer feels these will be developed to the City standards. 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 public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not betaken 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 E ZA14- 107 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Bailey Business Park M D{ i3 - rr 1600 1608 1612 13"10 _ W e ig0i i372 Q ti 1594 1602 1804 1610 r Y O T 4432 2 - 1595 1601 1611 t T 141 0r w N N iA3 (p /D 1417 1603 1109 m N 1422 1605 1607 1363 N r ti N Z 4 N V V N N N � 1438 1451 1428 1535 •• # Owner Zoning..Response 1. Diles, Richard L Sr & Alice M RPUD 1409 MONTGOMERY LN 0.28 F 2. Lago Del Sur Llc 11 1605 HART ST 3.37 NR 3. 1595 Hart Street Llc 11 1595 HART ST 1.00 NR 4. Diles, Richard L & Alice M SP1 1219 BRUMLOW AVE 1.02 NR 5. Aldridge, Lamarcus N RPUD 1410 MONTGOMERY LN 0.30 NR 6. Golomb, Gregory Etux Melissa RPUD 1413 MONTGOMERY LN 0.27 NR 7. Taylor, Clay M Etux Catherine RPUD 1414 MONTGOMERY LN 0.26 NR 8. Jensen, Joe B Etux Melanie P RPUD 1417 MONTGOMERY LN 0.27 NR 9. Blight, Paul E Etux Claudia J RPUD 1418 MONTGOMERY LN 0.26 NR 10. Youssef, Medhat Etux Jacquelin RPUD 1421 MONTGOMERY LN 0.27 NR 11. Ernest, Michael Etux Sandra RPUD 1422 MONTGOMERY LN 0.24 NR 12. Kanukolanu, Udai Etux Sushma T RPUD 1425 MONTGOMERY LN 0.30 NR 13. Grayson, Michael Etux Joanna RPUD 1426 MONTGOMERY LN 0.24 NR 14. Traylor, Sheila Etvir Carl RPUD 1430 MONTGOMERY LN 0.23 NR 15. Soto, Michael A Etux Romona RPUD 1429 MONTGOMERY LN 0.32 NR 16. Kubik, Mark Etux Rebecca RPUD 1434 MONTGOMERY LN 0.27 NR 17. Ives, Trevor Etux Allison RPUD 1433 MONTGOMERY LN 0.28 NR 18. Davis, Donald E Etux Kimberly RPUD 1438 MONTGOMERY LN 0.33 NR 19. Diles, Richard L Sr & Alice M SP1 1363 BRUMLOW AVE 1.89 NR 20. Wright, Joe L AG 1451 BRUMLOW AVE 5.14 NR 21. Diles, Richard L Sr & Alice M SP1 1409 MONTGOMERY LN 0.54 NR 22. Superintendent of Carroll ISD 2400 N Carroll Ave NR 23. Superintendent of Grapevine Colleyville ISD 3051 Ira E Woods Ave NR 24. Superintendent of Northwest ISD PO Box 77070 NR 25. Superintendent of Keller ISD 350 Keller Pkwy NR F: In Favor Notices Sent: Responses Received: Case No. ZA14- 107 O: Opposed To U: Undecided Twenty-three (23) In Favor: 1 Opposed: NR: No Response No Response: 22 Attachment F Page 1 10/05!2014 16;55 (FAX) P,002/002 Notification Response Form ZA14-107 Meeting Date: October 26, 2014 at 6:30 PM Diles, Richard L & Alice M 1409 Montgomery 1_n Southlake Tx 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE'START OF THE SCHEDULED PUBLIC HEARING. Being the tawner(s of1he' praperky so noted above, are hereby in favor o opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Date: �o -f -r,51, Additional Signature: Date: iyr Printed Narne(s): k(, c, Q3 77, /g-5 �e ( e, 12'r d ,Jr-5 Must be property owner(s) whose rkame(s) are printed at top. Otherwise contact the Planning Department- One form per property. Phone Number (optional): :— 0 6 Case No. Attachment F ZA14- 107 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-683 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 TRACTS 2E1 AND 2E2 OF THE JOHN N. SURVEY, ABSTRACT NO. 591, AN ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.4 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO "S- P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES 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 "S-P-1" Detailed Site Plan 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 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: Being described as, Tracts 2E1 and 2E2 of the John N. Gibson Survey, Abstract No. 591, an addition the City of Southlake, Tarrant County, Texas, located at 1363 Brumlow Avenue, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District with 1-1" Light Industrial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following: 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. 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 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. PASSED AND APPROVED on the 1st reading the 4th day of November, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 18th day of November, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" Reserved for metes and bounds description EXHIBIT "B" Reserved for Site Plan