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Item 7B Department of Planning & Development Services S T A F F R E P O R T April 29, 2015 CASE NO:ZA15-025 PROJECT:Zoning Change and Concept Plan for Legends at Southlake EXECUTIVE SUMMARY: Brown Company is requesting approval of a Zoning Change and Concept Plan for Legends at Southlake from “S-P-2” Generalized Site Plan District with “I-1” District uses to “S-P-2” Generalized Site Plan District with “I-1” District uses for the development of four (4) office/warehouse buildings totaling approximately 86,950 square feet in size on approximately 13.83 acres located at 2300-2380 Dean Way. SPIN Neighborhood #8 DETAILS: Brown Company, is requesting approval of a Zoning Change and Concept Plan for Legends at Southlake from “S-P-2” Generalized Site Plan District with “I-1” District uses to “S-P-2” Generalized Site Plan District with “I-1” District uses for the development of four (4) office/warehouse buildings totaling approximately 86,950 square feet in size. The purpose of the request is to revise the concept plan for Lots 3 and 5 in the development to include the layout of the site and elevations. Lot 3 is approved to have a two-story building with approximately 30,480 square feet of floor area. Lot 3 is now being proposed to have a single-story building with approximately 17,092 square feet of floor area. Lot 5 is approved to have a single-story building with approximately 19,500 square feet of floor area. Lot 5 is now being proposed to have a two-story building with approximately 31,170 square feet of floor area. This development was initially approved by City Council in December of 2013 Planning Case ZA13-108 () for the development of six (6) single-story buildings. Lots 1 and 2 Site Since that time two (2) of those buildings have been constructed ( Plan under Planning Case ZA13-109 ). The applicant returned to City Council in Planning Case ZA14-069 2014 () requesting to modify the concept plan for Lot 3 since the property owner of Vario Systems on the adjacent site had expressed interest in possibly expanding the business into one of the buildings in the Legends at Southlake development. The Lot 3 building is the closest to Vario Systems. Vario Systems is no longer in need of Lot 3 and therefore the applicant is requesting to revert Lot 3 back to its original layout approved in December of 2013. The following table shows the previously approved conditions to the currently proposed: Legends at Southlake 2013 Approval 2014 Approval Proposed (2015) Existing Zoning S-P-2 S-P-2 S-P-2 Proposed Zoning S-P-2 S-P-2 S-P-2 Gross Area 13.83 ACRES 13.83 ACRES 13.83 ACRES Number of Proposed Buildings 6 6 6 Case No. ZA15-025 Legends at Southlake 2013 Approval 2014 Approval Proposed (2015) Total Building Floor Area 120,840 sq. ft. 134,440 sq. ft. 129,450 sq. ft. Lot 3 Building floor area 17,200 sq. ft. 30,500 sq. ft. 17,092 sq. ft. Lot 5 Building floor area 19,500 sq. ft. 19,500 sq. ft. 31,170 sq. ft. Provided Parking 480 spaces 495 spaces 497 spaces Proposed Parking Ratio 1 space : 252 sq. ft. 1 space: 272 sq. ft. 1 space: 260 sq. ft. Existing Tree Cover on Site 38.8% 38.8% 38.8% Tree Cover to be Removed 87% approximately 89% approximately 91% approximately Tree Cover to Remain on site 13% approximately 11% approximately 9% approximately Since the applicant is requesting “S-P-2” Generalized Site Plan District zoning with their application, they are permitted to make modifications to the base zoning being requested which in this case is the “I-1” Light Industrial District. The following table is a comparison of where the modifications to the base zoning are being requested: Requirement “I-1” Base Zoning Requirement Proposed “S-P-2” Regulation Front Yard Setback * 30-feet 25-feet Height (Lot 5 only) ** 35-feet 36-feet * This modification was also approved under the previous two zoning requests ZA13-108 and ZA14- 069. ** This modification was also approved under the previous zoning request ZA14-069. Variances The Driveway Ordinance No. 634 requires the applicant to provide a certain amount of stacking depth dependent on the number of driveways that are servicing a specific amount of parking spaces. The following table shows where the proposed development is deficient with stacking depth compared to the depth that was previously approved. Proposed Stacking Required Stacking Approved Stacking Driveway Depth Depth (ZA13-108) Depth (ZA15-025) A 100-feet 40-feet 45-feet B 75-feet 75-feet 47-feet C 100-feet 30-feet 34-feet D 100-feet 30-feet 36-feet st ACTION NEEDED:Consider 1 Reading Zoning Change and Concept Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) SPIN Report (E) Concept Plan Review Summary No. 2, dated April 17, 2015 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-654b For Commissioners Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA15-025 BACKGROUND INFORMATION OWNER: Brown Company APPLICANT: Brown Company PROPERTY SITUATION: 2300-2380 Dean Way LEGAL DESCRIPTION: Lots 1-6, Legends at Southlake Addition LAND USE CATEGORY: Industrial CURRENT ZONING: "S-P-2" Generalized Site Plan District with "I-1" Light Industrial District and “O-1” Office District uses PROPOSED ZONING: "S-P-2" Generalized Site Plan District with "I-1" Light Industrial District and “O-1” Office District uses HISTORY: - A final plat was approved by the City Council for the Green Meadow subdivision on December 3, 1974. - The “I-1” zoning was placed on the property with the approval of Zoning Ordinance No. 480 on September 19, 1989 and the adoption of the official zoning map. - A change of zoning from "I-1" to "S-P-2" was approved by City Council on May 7, 2002. - A Zoning Change and Concept Plan was approved by City Council on Planning Case ZA07-004 April 3, 2007 under . - A Zoning Change and Concept Plan were approved by City Council on Planning Case December 19, 2013 for Legends of Southlake under ZA13-108 . - A Site Plan for Lots 1 and 2 of Legends of Southlake were approved by Planning Case ZA13-109 City Council on December 19, 2013 under . - A Preliminary Plat for Legends of Southlake was approved by City Planning case ZA13-110 Council on December 19, 2013 under . - A Zoning Change and Concept/Site Plan for Legends of Southlake (Lot Planning 3) was approved by City Council on August 19, 2014 under case ZA14-069 . CITIZEN INPUT: A SPIN meeting was initially held for this project on August 26, 2013 on the original Legends of Southlake development that was approved in December of 2013. Another SPIN meeting was held on June 10, 2014 for this modification of Lot 3. With the most recent revision, a SPIN meeting was held on April 14, 2015 for the current proposal. A copy of the report for this meeting can be found under Attachment ‘D’ of this staff report. SOUTHLAKE 2030: Consolidated Land Use Plan Case No. Attachment A ZA15-025 Page 1 The Southlake 2030 Future Land Use Plan designates this property asIndustrial. This designation is 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 with the proposed revisions appears to be consistent with the intent of the industrial land use designation at this location. Master Thoroughfare Plan The Master Thoroughfare Plan recommends S. Kimball Avenue to be a 4- lane, divided arterial street with 88-feet of right-of-way. Adequate right-of- way exists for this roadway. Pathways Master Plan The Pathways Master Plan recommends a 6-foot sidewalk along S. Kimball Avenue. The applicant has shown this sidewalk along S. Kimball Avenue and has also shown 5-foot sidewalks along Dean Way. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed overall development has six (6) individual lots which will all take access onto a new roadway, referenced as Dean Way on the Site Plan. Dean Way will intersect with S. Kimball Avenue approximately 400- feet south of the intersection with Crooked Lane. This new roadway will also dead end and stub out into the Carroll Independent School District stadium site which will have controlled access managed by the school district. The applicant did submit a Traffic Impact Analysis Threshold worksheet and its been determined by the City’s Public Works Engineering department a Traffic Impact Analysis will not be required. S. Kimball Avenue (70) (between E. Continental Boulevard & Crooked Lane) 24hr North Bound (4,477) South Bound (4,394) AM Peak AM (437) 11:45 AM–12:45 PM Peak AM (524) 7:45 – 8:45 AM PM Peak PM (426) 4:45 – 5:45 PM Peak PM (376) 3:45 – 4:45 PM Based on the 2013 City of Southlake Traffic Count Report * Traffic Impact Case No. Attachment A ZA15-025 Page 2 Area (sq. ft.) AM-AM-PM- Use (2013) Vtpd* PM-IN Approved IN OUT OUT Business Park (770) 120,840 1,542 145 28 36 120 Area (sq. ft.) AM-AM-PM- Use (2014) Vtpd* PM-IN Proposed IN OUT OUT Business Park (770) 134,440 1,715 162 31 40 134 Area (sq. ft.) AM-AM-PM- Use (2015) Vtpd* PM-IN Proposed IN OUT OUT Business Park (770) 129,450 1,652 156 30 38 129 Vehicle Trips Per Day * * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday th * Based on the ITE: Trip Generation Manual, 7 Edition TREE PRESERVATION: The applicant has indicated there is 38.8% tree cover on this site. The “S-P- 2” zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council’s approval. The current plan as proposed, proposes 9% of the existing cover to remain. UTILITIES: A 12-inch water line currently exists along the east side of S. Kimball Avenue. An 8-inch sanitary sewer line currently exists along the west side of S. Kimball Avenue. PLANNING & ZONING COMMISSION: April 23, 2015; Approved (5-0) subject to Concept Plan Review Summary No. 2, dated April 17, 2015 and the staff report datedApril 17, 2015 granting the variances as requested with respect to the driveway stacking depths but noting the applicants agreement and willingness to address the stacking depth issue by perhaps losing some parking spaces and especially in Driveway ‘D’ which is the one of biggest concern prior to going to City Council in a couple weeks. STAFF COMMENTS : Attached is Concept Plan Review Summary No. 2, dated April 17, 2015. N:\\Community Development\\MEMO\\2015 Cases\\025 - ZCP - Legends of Southlake\\Staff Report Case No. Attachment A ZA15-025 Page 3 Case No. Attachment B ZA15-025 Page 1 Plans and Support Information Case No. Attachment C ZA15-025 Page 1 Legends of Southlake Proposed Permitted Uses and Development Regulations for “S-P-2” Zoning Revised 8/12/2014 Revised 4/15/15 1.1 Permitted Uses - This property is divided into 6 office lots, and a 60’ Right-of-way containing the proposed through street. All lots shall include the permitted uses as found in the I-1 Light Industrial District as described in Section 26 of the Comprehensive Zoning Ordinance. Permitted I-1 uses relative to this application consist of: a.Any use permitted in the I-1 District. 1.2 Development Regulations - This property shall be subject to the development regulations for the “I-1” Light Industrial District, and all other applicable regulations with the following exceptions: a.Parking agreements will be in place prior to permitting to satisfy the combined parking requirements for the development. b.Cross access easements will be in place with the property to the south occupied by Variosystems. c.Vary building height and stories to allow for the construction of two-story buildings. d.Vary requirement for buffer yard along the south boundary to allow for parking, sidewalks, rights-of-way, loading zones and fire lanes. e.Vary from screen wall requirement along the north boundary line adjacent to residential to allow for a vegetative screen adjacent to lot 4 to be installed only when lot 4 develops. f.Vary from screen wall requirement and allow for a vegetated screen along the east boundary of lot 1. g.Allow for a 15’ pedestrian and loading access easement along the south boundary of lot 3. h.To facilitate a contiguous development, buffer yards will not be required along internal boundary lines. i.Street width requirement reduced to 31’ from curb back to curb back to reduce concrete, add turf area and eliminate on-street parking. Propose to fire lane the entire 30’ of drive. j.Reduced front yard setback to 25’ to provide flexibility in the orientation of buildings. k.Within 100’ of residential property vary building height limitation to 25’. (Lot 1 only) l.Vary exterior material residential adjacency requirements on lot 1 and on lot 4 to adherence with general City requirements for building masonry finishes. m.Allow Dean Way as a public street to dead-end at CISD property. In lieu of a round-a-bout a dedicated and permanent emergency access and common access easement will be platted in the drive aisles east of lot 6 and north of lots 5 and 6 to create a fire access loop. Dean Way will be gated at the property line of CISD and will be equipped with Knox Box access for emergency access. All gate access will be under the control of Southlake Public Safety and CISD only. It is anticipated that the gate will remain closed to ingress and egress by the public with the exception of event and game days at Dragon Stadium. 1.3 Use and Operation – The project overview is to provide a comprehensive office park similar in nature to Champions Crossing directly across Kimball. Current market trends show this product to be in high demand. Case No. Attachment C ZA15-025 Page 2 Lots 1-6 – Comprised of office-use buildings that will maintain day-time hours consistent with other typical office locations. For this submittal Lots 1 and 2 will be site planned for approval. 1.4 Phasing Intent – It is the intent of the developer to move forward with construction documents immediately upon Zoning and Site Plan approval from Council. The entirety of all elements shown on Lot 1 and Lot 2 along with Dean Way road and utilities will be part of the construction package and bidding. Building 1 and 2 will be constructed as spec buildings. Site plan applications will be submitted on the remaining buildings as the developer is ready to move on with future construction. Building 1 is designed to 23,000sf and is parked at a ratio of 4 spaces/100sf. Building 2 is designed to 19,500sf and is parked at a ratio of 4 spaces/100sf. Required parking for the two lots respectively are 92 spaces and 78 spaces. Provided parking for the two lots respectively are 92 spaces and 79 spaces. Currently the construction and development of Dean Way and Lots 1 and 2 are underway. Lot 3 is being proposed for a specific user with a need for approximately 30,000sf of office and production space housed within a two-story building. The remaining lots (4-6) will be brought to the City for site plan approval as each are put under contract. Lot 3 previously shown on the approved Concept Plan to have a 17,200sf building solely of office space and 71 parking spaces. The site plan being submitted on lot three shows approximately 30,000sf of which only half will be utilized for office with the other half being production and storage. Parking shown on the site plan includes 86 spaces. Buildings 3,4,5, and 6 will all be constructed simultaneously as Phase 2 of the development. Buildings 3,4, and 6 will be completed by the EOY 2015, and building 5 will be completed end of Q1 2016. Case No. Attachment C ZA15-025 Page 3 Concept Plan (Approved 2013) Case No. Attachment C ZA15-025 Page 4 Concept Plan (Approved 2014) Case No. Attachment C ZA15-025 Page 5 Proposed Concept Plan (2015) Case No. Attachment C ZA15-025 Page 6 Case No. Attachment C ZA15-025 Page 7 Case No. Attachment C ZA15-025 Page 8 Case No. Attachment C ZA15-025 Page 9 Case No. Attachment C ZA15-025 Page 10 Case No. Attachment C ZA15-025 Page 11 Case No. Attachment C ZA15-025 Page 12 Case No. Attachment D ZA15-025 Page 1 Case No. Attachment D ZA15-025 Page 2 Case No. Attachment D ZA15-025 Page 3 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA15-025 Review No.: Two Date of Review: 04/17/2015 Project Name: Zoning Change and Concept Plan for Legends at APPLICANT: Brown Company Partners, LLC ENGINEER: ClayMoore Engineering David Karr 1205 S. White Chapel Blvd., #100 1903 Central Dr., Ste. 406 Southlake, TX 76092 Bedford, TX 76092 Phone: (214) 506-3205 Phone: (817) 281-0572 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/16/2015 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 APPROPRAITE STAFF MEMBER. Planning Review Daniel Cortez, AICP Principal Planner P: (817) 748-8070 E: dcortez@ci.southlake.tx.us 1. Verify the amount of tree preservation on the Tree Conservation Plan (Sheet L1.00). The amount of tree cover to be removed versus the amount of tree coverage on site do not seem to match the final calculation of the amount of tree cover to be preserved which would in effect change the percentage of preservation. 2. Revise the concept plan to show driveway access and common access easement to Tract 3B3, C.B. McDonald Survey, Abstract No. 1013 (Kaposta Property) to the north as previously shown on the other approved concept plans. 3. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended or a variance must be requested. The following areas need to be modified on the plan: a. Label the stacking depth measured from the R.O.W. to the nearest parking stall or intersecting drive lane pavement edge. After this has been labeled, use the chart within the A Variance has been requested to this requirement. Driveway Ordinance (pg. 10). Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The only difference between the previously approved Tree Conservation Plan and submitted revised Tree Conservation Plan is that additional existing trees were proposed to be preserved within the southeast corner of Lot 3, and along South Kimball on Lot 3. The trees along the west property line along South Kimball had to be removed to install a storm sewer but thirty eight inches (38”) of additional trees were planted on Lot 2 to mitigate their removal. Case No. Attachment E ZA15-025 Page 1 LANDSCAPE COMMENTS: * Ensure that all parking landscape islands are at least 12’ wide form back-of-curb to back-of-curb. Two in front of the building on Lot 5, and one in the back of building on Lot 5 measure slightly smaller than 12’ wide. * All parking landscape islands are required to contain at least the minimum of one (1) canopy tree with the remaining area containing ground cover, shrubs, ornamental grasses, seasonal color, or a combination of these plant materials. Turf grass may not be plated within the parking landscape islands. If a light pole is located in the island there may be two accent trees proposed in place of the required canopy tree. * 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@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Label right of way width on site plan and driveway widths. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.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. 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. 3. The proposed X” water/sanitary sewer/storm sewer line shall be in a dedicated easement prior to construction. Proposed easements shall be dedicated by plat. Case No. Attachment E ZA15-025 Page 2 * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * 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: * Water lines cannot cross property lines without being in an easement or right of way. * 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. * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. 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. Access easements are needed for maintenance of detention ponds. 2. Verify size, shape, and/or location of the detention pond (as depicted on the site plan). Previous site plan showed two detention ponds. Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the site plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Calculations will be required to verify capacity of proposed curb inlets. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 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.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre- construction, construction and post-construction erosion control measures. * 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. Case No. Attachment E ZA15-025 Page 3 *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us No Comments based on submitted information. o General Informational Comments * No review of proposed signs is intended with this site plan. 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. * A minimum 8 foot tall masonry screen wall matching the principal building with a solid metal access gate is required for all trash dumpsters. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 65 * 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. * 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 Revision must be processed and filed in the County Plat Records. 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) Denotes Informational Comment * Case No. Attachment E ZA15-025 Page 4 SURROUNDING PROPERTY OWNERS MAP Legends at Southlake SPO # Owner Zoning Address Acreage Response 1. NR St John Bapt Ch Grand Prairie CS 800 S KIMBALL AVE 12.89 2. NR Denmiss Llc I1 910 S KIMBALL AVE 0.93 3. NR Denmiss Llc I1 920 S KIMBALL AVE 1.49 4. NR Denmiss Llc I1 930 S KIMBALL AVE 1.48 5. NR Loh Texas Investment Llc I1 940 S KIMBALL AVE 1.52 6. NR Gateway Church I1 2250 E CONTINENTAL BLVD 2.70 7. NR Inprov Real Estate Lp I1 2150 E CONTINENTAL BLVD 2.06 8. NR Pearson, Carey Etux Kelly SF1-A 695 S KIMBALL AVE 2.08 9. NR Pearson, Carey Etux Kelly SF1-A 2300 CROOKED LN 2.22 10. NR Wood, Charles W Etux Margaret SF1-A 2350 CROOKED LN 2.30 11. NR Vario Properties Lp I1 901 S KIMBALL AVE 3.45 12. NR Chandraco Lp I1 925 S KIMBALL AVE 3.82 13. NR Pfa Properties Llc I1 2241 E CONTINENTAL BLVD 0.87 14. NR S L J Continental Plaza Ltd I1 950 S KIMBALL AVE 1.32 15. NR Journey 5 Ventures Llc I1 2245 E CONTINENTAL BLVD 0.79 16. NR Elite Suites Ltd I1 2201 E CONTINENTAL BLVD 1.63 17. NR Keith, Wendell P & Carol N I1 2211 E CONTINENTAL BLVD 1.36 18. NR K & D Development I1 2221 E CONTINENTAL BLVD 0.55 19. NR Journey 5 Ventures Llc I1 2251 E CONTINENTAL BLVD 0.57 20. NR A3 Holdings Inc I1 722 S KIMBALL AVE 3.41 21. NR Cundiff, John E & Autumn R SF1-A 2317 CROOKED LN 0.85 22. NR Kaposta, America AG 2311 CROOKED LN 3.01 Case No. Attachment F ZA15-025 Page 1 23. F Southlake Kimball Properties SP2 2301 CROOKED LN 14.14 24. NR Carroll ISD SP1 1085 S KIMBALL AVE 34.97 25. NR S L J Continental Plaza Ltd I1 960 S KIMBALL AVE 4.15 26. NR Bhs Ventures Llc I1 2271 E CONTINENTAL BLVD 1.41 27. NR Ddrt Llc I1 2271 E CONTINENTAL BLVD 1.41 28. NR McKamic, Sammy L & Miranda I1 2273 E CONTINENTAL BLVD 1.41 29. NR Cornerstone Wealth Mgt Llc I1 2273 E CONTINENTAL BLVD 1.41 30. NR Cogent Point Llc I1 2275 E CONTINENTAL BLVD 1.41 31. NR Westgate Office Park Owners I1 2271 E CONTINENTAL BLVD 1.41 32. NR Cogent Point Llc I1 2275 E CONTINENTAL BLVD 1.41 33. NR Cogent Point Llc I1 2275 E CONTINENTAL BLVD 1.41 F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-three (33) Responses Received: One (1) Case No. Attachment F ZA15-025 Page 2 SURROUNDING PROPERTY OWNERS RESPONSES Case No. Attachment G ZA15-025 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-654b 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 LOTS 1 - 6, LEGENDS AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.83 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES AND “O-1” OFFICE DISTRICT USES TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES AND “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN FOR LEGENDS AT SOUTHLAKE 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, Case No. Attachment H ZA15-025 Page 1 morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "S-P-2" Generalized Site Plan District with "I-1" Light Industrial District uses and “O-1” Office District uses 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, Case No. Attachment H ZA15-025 Page 2 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 Case No. Attachment H ZA15-025 Page 3 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 Lots 1 – 6, Legeds at Southlake, an addition to the City of Southlake, Tarrant County, Texas, being approximately 13.83 acres, and more fully and completely described in Exhibit “A” from "S-P-2" Generalized Site Plan District with "I-1" Light Industrial District uses and “O-1” Office District uses to "S-P-2" Generalized Site Plan District with "I-1" Light Industrial District uses and “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1) Reserved for City Council conditions 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 Case No. Attachment H ZA15-025 Page 4 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 Case No. Attachment H ZA15-025 Page 5 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. Case No. Attachment H ZA15-025 Page 6 stTH PASSED AND APPROVED on the 1 reading the 5 day of May, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY ndTH PASSED AND APPROVED on the 2 reading the 19 day of May, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA15-025 Page 7 EXHIBIT A Reserved for approved metes and bounds description Case No. Attachment H ZA15-025 Page 8 EXHIBIT B Reserved for approved concept plan Case No. Attachment H ZA15-025 Page 9