Department of Planning & Development Services S T A F F R E P O R T November 13, 2013 CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: ACTION NEEDED: ZA13-128 Zoning Change and Site Plan for Kimball Lake Office Park The applicant Vision Southlake Development, LLC is requesting approval of a Zoning Change and Site Plan from S-P-2 Generalized Site Plan District with O-1 Office District uses to S-P-2 Generalized Site Plan District with O-1 Office District uses on approximately 3.6 acres located at 560-596 N. Kimball Avenue. SPIN Neighborhood #4 Vision Southlake Development, LLC is requesting approval of a Zoning Change and Concept Plan/Site Plan from S-P-2 Generalized Site Plan District with O-1 Office District uses to S-P-2 Generalized Site Plan District with O-1 Office District uses for the purpose of modifying their building elevations. The approved building elevations for a development consisting of seven (7) lots with six (6) office buildings which was approved by City Council on December 4, 2007 under Planning Case ZA07-106. The applicant proposes to amend the approved elevations from a combination of brick, stone and other architectural features to a complete stone material and elimination of some of those architectural features for design purposes. No other modifications are proposed to the site. Consider 1 st Reading Zoning Change & Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) Development Plan Review Summary No. 21, dated November 1, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-537a STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 ZA13-128
BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: PROPOSED ZONING: Vision Southlake Development, LLC Vision Southlake Development, LLC 560-596 N. Kimball Ave. Lots 1-7, Block 1, Kimball Lakes Office Park Mixed Use S-P-2 Generalized Site Plan District S-P-2 Generalized Site Plan District HISTORY: - A Zoning Change and Concept/Site Plan was approved by City Council on December 4, 2007 for Kimball Lakes Office Park under Planning Case ZA07-106. - A Preliminary Plat was approved by City Council on January 15, 2008 for Kimball Lakes Office Park under Planning Case ZA07-156. - A Final Plat was approved by the Planning & Zoning Commission on September 4, 2008 for Kimball Lakes Office Park under Planning Case ZA08-070. PLANNING & ZONING COMMISSION ACTION: STAFF COMMENTS: November 7, 2013; Approved (6-0) subject to Development Plan Review Summary No. 1, dated November 1, 2013 and the Staff Report dated November 1, 2013. The following variances were requested and approved by City Council during the initial request of the applicant: Driveway stacking The minimum driveway stacking depth required is 75 feet. The applicant is requesting stacking depth of 32 feet for the north drive. (Driveway Ord. No. 634, Section 5.2.d) Driveway spacing The minimum driveway spacing required is 250 feet between driveway centerlines. The applicant is requesting a distance of 224 feet to the off-site driveway to the south and a distance of 107 feet to the nearest driveway to the north. (Driveway Ord. No. 634, Section 5.1) Street frontage - All lots must have frontage on a street. The applicant is requesting a waiver from this regulation for four (4) lots. (Subdivision Ord. No. 483, Section 8.01.A) Attached is Development Plan Review Summary No. 1, dated November 1, 2013. N:\Community Development\MEMO\2013 Cases\128 - ZSP - Kimball Lakes Office Park\Staff Report Attachment A ZA13-128 Page 1
Attachment B ZA13-128 Page 1
Plans and Support Information Attachment C ZA13-128 Page 1
Previously Approved Variances Exhibit Driveway Spacing: Req d = 250 ft Prov. = 107 ft Driveway Spacing: Req d = 250 ft Prov. = 224 ft Driveway Stacking: Req d = 75 ft Prov. = 32 ft *Requesting variance to regulation that all Lots have street frontage for four (4) lots. Attachment C ZA13-128 Page 2
SAMPLE OF APPROVED BUILDING RENDERING Attachment C ZA13-128 Page 3
SAMPLE OF APPROVED BUILDING ELEVATIONS Attachment C ZA13-128 Page 4
Proposed Elevations on Buildings Attachment C ZA13-128 Page 5
Attachment C ZA13-128 Page 6
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SITE PLAN REVIEW SUMMARY : ZA13-128 Review No.: ONE Date of Review: 11/01/2013 Project Name: Kimball Lakes Office Park APPLICANT: Vision Southlake Development, LLC David Keener P.O. Box 2260 Keller, TX 76244 Phone: (972) 342-7920 Fax: 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 Daniel Cortez, AICP Principal Planner P: (817) 748-8070 E: dcortez@ci.southlake.tx.us 1. All conditions of approval of the previous site plan review summary and City Council and Planning & Zoning Commission conditions from Planning Case ZA07-106 will still be required to be complied with. 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. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 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. * Denotes Informational Comment Attachment D ZA13-128 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES Kimball Lakes Office Park SPO # Owner Zoning Address Acreage Response 1. Halim, Emil A MF1 725 CHERRY CT 0.96 NR 2. Harris, Kimberly Susan SF1-A 700 CHERRY CT 0.94 NR 3. Ekstrom, Delton E SF1-A 650 CHERRY CT 0.99 NR 4. Ashton Dallas Residential Llc RPUD 2201 COTSWOLD VALLEY CT 0.30 NR 5. Ashton Dallas Residential Llc RPUD 2205 COTSWOLD VALLEY CT 0.28 NR 6. Ashton Dallas Residential Llc RPUD 2244 COTSWOLD VALLEY CT 0.28 NR 7. Mollere, Marc S Etux Heather J RPUD 2240 COTSWOLD VALLEY CT 0.38 NR 8. Ashton Dallas Residential Llc RPUD 2236 COTSWOLD VALLEY CT 0.27 NR 9. Scroggins, Marcus L RPUD 2204 COTSWOLD VALLEY CT 0.26 NR 10. Ashton Dallas Residential Llc RPUD 2200 COTSWOLD VALLEY CT 0.30 NR 11. 579 Kimball Llc RPUD 2202 COTSWOLD VALLEY CT 0.03 NR 12. 579 Kimball Llc RPUD 2206 COTSWOLD VALLEY CT 0.01 NR 13. Vision Southlake Dev Llc SP2 590 N KIMBALL AVE 0.54 NR 14. Bell Mare Custom Homes Llc SP2 596 N KIMBALL AVE 0.34 NR 15. Vision Southlake Dev Llc SP2 578 N KIMBALL AVE 0.50 NR 16. Vision Southlake Dev Llc SP2 584 N KIMBALL AVE 0.51 NR 17. Vision Southlake Dev Llc SP2 566 N KIMBALL AVE 0.66 NR 18. Tdc Manaagement Llc SP2 560 N KIMBALL AVE 0.52 NR 19. Vision Southlake Dev Llc SP2 572 N KIMBALL AVE 0.39 NR 20. Kimball Road Lp I1 500 N KIMBALL AVE 1.61 U 21. Oncor Electric Delivery Co Llc CS 550 N KIMBALL AVE 2.55 NR 22. St Laurence Episcopal Church CS 517 N KIMBALL AVE 5.59 F 23. Hillman, Luther L AG 603 N KIMBALL AVE 3.71 NR 24. Corp Of Episcopal Diocese Fw AG 549 N KIMBALL AVE 0.94 NR 25. Mdp Southlake Llc SP2 400 N KIMBALL AVE 6.13 NR Attachment E ZA13-128 Page 1
26. Mdp Southlake Llc SP2 470 N KIMBALL AVE 9.33 NR 27. Vision Southlake Dev Llc SP1 600 N KIMBALL AVE 9.96 NR 28. Vision Southlake Dev Llc NRPUD 660 N KIMBALL AVE 0.24 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty (20) Responses Received: Two (2) Attachment E ZA13-128 Page 2
Attachment E ZA13-128 Page 3
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CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-537a 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 1-7, BLOCK 1, KIMBALL LAKES OFFICE PARK, BEING APPROXIMATELY 3.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM S-P-2 GENERALIZED SITE PLAN DISTRICT WITH O-1 OFFICE DISTRICT USES, LIMITED C-2 LOCAL RETAIL COMMERCIAL DISTRICT USES, LIMITED O-2 OFFICE DISTRICT USES, AND LIMITED HC HOTEL DISTRICT USES TO S-P-2 GENERALIZED SITE PLAN DISTRICT WITH O-1 OFFICE DISTRICT USES, LIMITED C-2 LOCAL RETAIL COMMERCIAL DISTRICT USES, LIMITED O-2 OFFICE DISTRICT USES, AND LIMITED HC HOTEL 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 as S-P-2 Generalized Site Plan District under the City s Comprehensive Zoning Ordinance; and Attachment E ZA13-128 Page 5
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 ad 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 Attachment E ZA13-128 Page 6
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 overcrowding 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 Lots 1-7, Block 1, Kimball Lakes Office Park, and being approximately 3.6 acres, and more fully and completely described in Exhibit A from S-P-2 Detailed Site Plan District with O-1 Office District uses, limited C-2 Local Retail Commercial District uses, limited O-2 Office District uses, and limited HC Hotel District uses to S-P-2 Detailed Site Plan District with O-1 Office District uses, limited C-2 Local Retail Commercial District uses, limited O-2 Office District uses, and limited HC Hotel District uses, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following specific conditions the original City Council approval on December 4, 2007: 1. addressing stacking by removing 2 to 3 spots on the north side; 2. relocating the handicapped parking spot to the south driveway; 3. adding landscape island to the southeast parking row; 4. limiting phase one to 65% impervious coverage; 5. approving the variance requests; 6. subject to the elevations presented; Attachment E ZA13-128 Page 7
7. the north drive must be removed when parcel A is developed; 8. only approving phase 1; 9. subject to the presentation made this evening and representations made by the applicant; 10. noting the applicant has indicated the elevations on the west side of the building will be similar materials or the same materials as the east side that is reflected in the pictures; 11. requiring the applicant to construct a 30-inch rock retaining wall along the entire east and south side of the parking lot on Lot 4 that fronts Kimball Avenue; 12. requiring the rock in the retaining wall to be similar to that on the buildings; 13. requiring the applicant to add a textured rumble strip at both entrances that matches the interior pavement accents; and 14. subject to Site Plan Review Summary No. 4, dated November 28, 2007: a. Label the building lines (front, rear & side) with the distance from the property line, i.e. 30 front building line. b. Revise the architectural elevations for buildings E & F to match the footprint shown on the site plan Also subject to the following conditions based on this request: 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, Attachment E ZA13-128 Page 8
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 Attachment E ZA13-128 Page 9
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 19 th day of November, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 3 rd day of December, 2013. MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Attachment E ZA13-128 Page 10
CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment E ZA13-128 Page 11
EXHIBIT A Reserved for Metes & Bounds Description Attachment E ZA13-128 Page 12
EXHIBIT B Reserved for Approved Site Plan and Elevations Attachment F ZA13-128 Page 1