Department of Planning & Development Services

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1 Department of Planning & Development Services S T A F F R E P O R T January 28, 2015 CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: ZA Specific Use Permit for Above Ground Cisterns at Stadium Southwest Trium Development Partners is requesting approval of a Specific Use Permit for two (2) above ground cisterns at the Stadium Southwest development site on approximately 3.83 acres located at 925 S. Kimball Avenue. SPIN Neighborhood #8 Trium Development Partners is requesting approval of a Specific Use Permit for two (2) above ground cisterns at the Stadium Southwest. Stadium Southwest (formerly known as Kimball Business Center) is a development of two office/warehouse buildings totaling approximately 50,389 square feet in size. The two proposed above-ground cisterns are located on the south side of the property in front of the building facing S. Kimball Avenue each having a capacity of approximately 11,700 gallons and each approximately 17-feet tall. At each of the locations of the proposed cisterns, the approved landscape plan of the development there are one Cedar Elm and Mexican Feather Grass that are proposed to be installed. If this request is approved, some of these landscape materials may need to be relocated elsewhere on the site. At the City Council meeting held on January 20, 2015, this item was tabled with the intent that the applicant would return with some modifications and improvements to the proposed cisterns. The applicant has indicated to staff they will be presenting these changes at City Council s meeting on February 3, 2015 meeting. The City adopted Ordinance No. 480-QQQQ on January 20, The following table shows the requirements for the applicant s request. Section Specific Use Permits Above Ground Rainwater Cisterns Districts where permitted All Districts Size No specific requirement Height No specific requirement Setbacks Per underlying zoning district Screening From public right-of-way by landscaping, buildings or opaque fencing Location To the side or rear of principal structure on property Materials Compatible with architecture and/or color of the principal building or structure Other Requirements No signage permitted on above ground cistern No aerial downspouts shall be permitted ZA Per the adopted requirements for above-ground cisterns, the screening and

2 location requirements are not being met and will require variances to be requested. Variances Screening Due to the height and size of the cisterns the applicant is requesting a variance to the screening requirement. Location The cisterns are proposed to be located in front of Building A which faces S. Kimball Avenue, therefore the applicant is requesting a variance to this requirement. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Specific Use Permit Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) Surrounding Property Owners Map and Responses (E) Resolution No STAFF CONTACT: Ken Baker (817) Daniel Cortez (817) ZA14-115

3 BACKGROUND INFORMATION OWNERS: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: CURRENT ZONING: Chandraco, LP Trium Development Partners 925 S. Kimball Avenue Lot 2-R-2, Green Meadow Subdivision I-1 Light Industrial District HISTORY: - On December 3, 1974 the Green Meadows subdivision was approved by City Council. - On January 20, 2004 the City Council approved a Plat Revision to Lots 2R1 and 2R2 of the Green Meadow subdivision under Planning Case ZA On March 18, 2014 the City Council approved a Site Plan for Kimball Business Center (Stadium Southwest) for the development of 2 office/warehouse buildings under Planning Case ZA SOUTHLAKE 2030: PLANNING & ZONING COMMISSION: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Industrial. This land use 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. October 9, 2014; Tabled (7-0) to the October 23, 2014 meeting per the applicants request. October 23, 2014; Approved (7-0 ) subject to allowing up to two (2) 12,500 gallon cisterns and can be up to 17½ feet tall and that the materials will be as presented in the renderings and a 4 foot masonry/brick coating will be applied at the bottom of each cistern. CITY COUNCIL: January 20, 2015; Tabled (7-0) to the February 3, 2015 meeting. Attachment A ZA Page 1

4 STAFF COMMENTS: Due to the limited scope of the request, no staff review summary has been provided. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. N:\Community Development\MEMO\2014 Cases\115 - SUP - Stadium Southwest Cistern\Staff Report Attachment A ZA Page 2

5 Attachment B ZA Page 1

6 Plans and Support Information Location of above ground cisterns Attachment C ZA Page 1

7 Approved Site Plan Location of above ground cisterns Attachment C ZA Page 2

8 Attachment C ZA Page 3

9 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Stadium Southwest Above Ground Cisterns SPO # Owner Zoning Address Acreage Response 1. St John Bapt Ch Grand Prairie CS 800 S KIMBALL AVE NR 2. Denmiss Llc I1 910 S KIMBALL AVE 0.93 NR 3. Denmiss Llc I1 920 S KIMBALL AVE 1.49 NR 4. Denmiss Llc I1 930 S KIMBALL AVE 1.48 NR 5. Loh Texas Investment Llc I1 940 S KIMBALL AVE 1.52 NR 6. Gateway Church I E CONTINENTAL BLVD 2.70 NR 7. Inprov Real Estate Lp I E CONTINENTAL BLVD 2.06 NR 8. Vario Properties Lp I1 901 S KIMBALL AVE 3.45 NR 9. Chandraco Lp I1 925 S KIMBALL AVE 3.82 NR 10. Pfa Properties Llc I E CONTINENTAL BLVD 0.87 NR 11. S L J Continental Plaza Ltd I1 950 S KIMBALL AVE 1.32 NR 12. Journey 5 Ventures Llc I E CONTINENTAL BLVD 0.79 NR 13. Elite Suites Ltd I E CONTINENTAL BLVD 1.63 NR 14. Keith, Wendell P & Carol N I E CONTINENTAL BLVD 1.36 NR 15. K & D Development I E CONTINENTAL BLVD 0.55 NR 16. Journey 5 Ventures Llc I E CONTINENTAL BLVD 0.57 NR 17. Ktr Dfw II Llc I SH NR 18. Southlake Kimball Properties SP CROOKED LN Carroll ISD SP S KIMBALL AVE NR 20. S L J Continental Plaza Ltd I1 960 S KIMBALL AVE 4.15 NR 21. Bhs Ventures Llc I E CONTINENTAL BLVD 1.41 NR 22. Ddrt Llc I E CONTINENTAL BLVD 1.41 NR 23. McKamic, Sammy L & Miranda I E CONTINENTAL BLVD 1.41 NR 24. Cornerstone Wealth Mgt Llc I E CONTINENTAL BLVD 1.41 NR 25. Cogent Point Llc I E CONTINENTAL BLVD 1.41 NR Attachment D ZA Page 1

10 26. Westgate Office Park Owners I E CONTINENTAL BLVD 1.41 NR 27. Cogent Point Llc I E CONTINENTAL BLVD 1.41 NR 28. Cogent Point Llc I E CONTINENTAL BLVD 1.41 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Eight (28) Responses Received: Two (2) Attachment D ZA Page 2

11 Attachment D ZA Page 3

12 Attachment D ZA Page 4

13 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR ABOVE-GROUND CISTERNS ON NON-RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 925 S. KIMBALL AVENUE, BEING DESCRIBED AS LOT 2-R-2, GREEN MEADOW SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A, AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT B AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a solar energy system on non-residential property has been requested by a person or corporation having a proprietary interest in the property zoned as I-1 Light Industrial District; and, WHEREAS, in accordance with the requirements of Sections 45.1(47) of the City s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a carport on non-residential property and a solar energy system on non-residential property located at 925 S. Kimball Avenue, being described as Lot 2-R-2 Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9084, Plat Records, Attachment E ZA Page 1

14 Tarrant County, Texas, more fully and completely described in Exhibit A, and as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit B and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. Subject to SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF, CITY OF SOUTHLAKE By: Mayor ATTEST: Lori Payne, TRMC City Secretary Attachment E ZA Page 2

15 EXHIBIT A Being property located at 925 S. Kimball Avenue, being described as Lot 2-R-2 Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9084, Plat Records, Tarrant County, Texas. Attachment E ZA Page 3

16 EXHIBIT B RESERVED FOR APPROVED SITE PLAN Attachment E ZA Page 4

Department of Planning & Development Services

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