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Item 7Case No. ZA21-0075 S T A F F R E P O R T September 17, 2021 CASE NO: ZA21-0075 PROJECT: Zoning Change and Concept/Site Plan for Methodist Southlake Hospital Accessory Structure EXECUTIVE SUMMARY: On behalf of Southlake Texas Medical Development, LP, MedCore Partners is requesting approval of a Zoning Change and Concept/Site Plan for Southlake Methodist Hospital Accessory Use on property described as Lots 1R, 2R, 3R, 4 and 5, Block 1, Southlake Medical District, an addition to the City of Southlake, Tarrant County, Texas, and located at 335 - 451 E. S.H. 114, Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. Proposed Zoning: “S-P- 2” Generalized Site Plan District. SPIN Neighborhood #7. DETAILS: The applicant is requesting approval of a Zoning Change and Concept/Site Plan from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District to allow an oxygen tank enclosure for a tenant in the medical office building on Lot 3R located at 431 E. S.H. 114. as an accessory use on Lot 2R located at 451 E. S.H. 114. Zoning Ordinance No. 480, as amended, Section 34.2.c does not allow accessory buildings or structures on a lot until a principal building is existing and being used on the lot. A zoning change is required to modify the existing “S-P-2” zoning since the accessory structure is proposed on a lot with no principal building. The oxygen tank enclosure is proposed to match the materials used on the existing trash receptacle enclosure adjacent to the medical office building on Lot 3R. The enclosure is proposed where four parking spaces are currently located. The total number of parking spaces proposed to be provided on the site as a whole is 741 spaces including the surface parking and the parking garage and 482 spaces are required for the existing hospital and medical office building per the approved “S-P-2” Zoning and Concept Plan (ZA07-052) and Site Plan (ZA11-058). The existing landscaping in the parking island adjacent to the four parking spaces to be removed is proposed to remain. No other changes to the existing “S-P-2” zoning are proposed and all previous conditions of approval remain in effect. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 2, dated September 17, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-527A Case No. ZA21-0075 Presentation Applicant’s SPIN Presentation Narrative Plans SPIN Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA21-0075 Page 1 BACKGROUND INFORMATION OWNER: Southlake Texas Medical Development, LP APPLICANT: MedCore Partners PROPERTY SITUATION: 335 - 451 E. S.H. 114, accessory structure proposed on the lot addressed as 451 E. S.H. 114. LEGAL DESCRIPTION: Lots 1R, 2R, 3R, 4 and 5, Block 1, Southlake Medical District LAND USE CATEGORY: Mixed Use, 100-Year Floodplain CURRENT ZONING: “S-P-2” Generalized Site Plan District PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: -A plat for the Brightbill Addition was filed of record prior to annexation into the City. -"SF-1A" zoning was placed on a portion of the subject property with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. -A zoning change and concept plan (ZA07-052) from “AG” Agricultural and “SF-1A” Single Family Residential to “S-P-2” Generalized Site Plan was approved by City Council on July 17, 2007. -A site plan (ZA08-080) for Phase I was approved by City Council January 20, 2009. -A site plan (ZA11-058) to add a four-level parking structure and to relocate the emergency room entrance and the facilities service yard was approved by City Council December 6, 2011. -A site plan (ZA21-0016) for an above ground detention pond to replace the original underground detention structure was approved June 15, 2021. -A site plan (ZA21-0050) to add a one-story, approximately 6,000 square foot addition to the existing hospital for an expansion to the emergency department and to provide new nuclear medicine facilities was approved on August 17, 2021. PATHWAYS MASTER PLAN: The Pathways Master Plan shows an 8-foot plus, multi-use trail along the south side of E. State Highway 114 and a <6-foot sidewalk along the north side of E. Highland Street. Both the trail and sidewalk were constructed with Phase 1 of the hospital. DRAINAGE: Phase I of the development drains to the existing underground detention basin, which is being replaced by an above ground detention pond. There is no increase to impervious coverage proposed for the enclosure since it is proposed where parking spaces are currently located. TREE PRESERVATION: No trees are proposed to be removed with this project. CITIZEN INPUT: A SPIN meeting was held on September 14, 2021. Please see the meeting report attached separately. Case No. Attachment A ZA21-0075 Page 2 STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 2, dated September 17, 2021. Case No. Attachment B ZA21-0075 Page 1 Case No. Attachment C ZA21-0075 Page 1 CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA21-0075 Review No.: Two Date of Review: 09/17/21 Project Name: Zoning Change and Concept/Site Plan –Southlake Methodist Hospital Accessory Enclosure APPLICANT: David Ransom OWNER: Julie Kerr MedCore Partners Southlake Texas Medical Development, LP 12377 Merit Dr., Ste. 500 5850 Granite Pkwy., Ste. 100 Dallas, TX 75251 Plano, TX 75024 Phone: (214) 542-9800 Phone: (214) 618-3819 E-mail: dransom@medcorepartners.com E-mail: julie@landplan.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/07/21 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 RICHARD SCHELL AT (817) 748-8602. Planning Review 1. Please add the following language to the end of the first paragraph of the narrative letter dated August 16, 2021 after “The owner is listed and remains Southlake Texas Medical Development, LP.”: The purpose of the request is to amend the existing “S-P-2” Generalized Site Plan Zoning District approved as Ordinance No. 480-527 to add the Oxygen Tank Enclosure on as shown on the plans as a permitted Accessory Use. No other changes to the existing “S-P-2” zoning are proposed and all previous conditions of approval remain in effect. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Provide proper signage/placards for the medical oxygen enclosure. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 No comments. Case No. Attachment C ZA21-0075 Page 2 Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. General Informational Comments * A SPIN meeting was held on September 14, 2021. * 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. * Denotes Informational Comment Case No. Attachment D ZA21-0075 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. WHITE CHAPEL VILLAGE CTR PRT SF1-A 1241 N WHITE CHAPEL BLVD 1.36 NR 2. WHITE CHAPEL VILLAGE CTR PRT SF1-A 1205 N WHITE CHAPEL BLVD 2.04 NR 3. STACY, JAMES R SF20B 1051 SUMMERPLACE LN 0.42 NR 4. LEHMAN, JONI V SF20B 1049 SUMMERPLACE LN 0.38 NR 5. MAY, JANICE PRIOR SF20B 1047 SUMMERPLACE LN 0.22 NR 6. SHINER, TIM SF20B 1052 SUMMERPLACE LN 0.44 NR 7. SILVEROAK LAND DEV CO LLC RPUD 1121 TINA TRL 0.05 NR 8. LYBRAND LIVING TRUST SF20B 1050 SUMMERPLACE LN 0.27 NR 9. WOZNIAK, JAMES RPUD 1117 TINA TRL 0.34 NR 10. RAKE, KARLA J SF20B 1048 SUMMERPLACE LN 0.27 NR 11. GAZALA RICHARD EVANS REVOCABLE RPUD 1113 TINA TRL 0.34 NR 12. OBRIEN, JORDAN RPUD 1109 TINA TRL 0.34 NR 13. DAVIS, ARLENE RPUD 1112 TINA TRL 0.33 NR 14. AMIN, MITEN RPUD 1116 TINA TRL 0.30 NR 15. SILVEROAK LAND DEV CO LLC RPUD 1120 TINA TRL 0.04 NR 16. PELPHREY, GABRIEL RPUD 1108 TINA TRL 0.34 NR 17. BURGERT, TANIA RPUD 204 MARIE CIR 0.35 NR Case No. Attachment D ZA21-0075 Page 2 18. HOME, BRIAN RPUD 208 MARIE CIR 0.37 NR 19. LAFAVERS, DORIS AG 303 E HIGHLAND ST 0.99 NR 20. ABDELQADER, AWAD SF20A 201 E HIGHLAND ST 0.71 NR 21. SHENOY, SHIVPRASAD SF20A 211 E HIGHLAND ST 0.71 NR 22. CHANDRA, PUNIT SF20A 231 E HIGHLAND ST 0.72 NR 23. HANES, ERIC SF20A 221 E HIGHLAND ST 0.72 NR 24. SOUTHLAKE TX MEDICAL BLDG I LP SP2 431 E SH 114 2.70 NR 25. SOUTHLAKE LAND HOLDINGS LP SP2 451 E SH 114 2.73 NR 26. WHITE CHAPEL VILLAGE CTR PRT SF1-A 1313 N WHITE CHAPEL BLVD 1.73 NR 27. WHITE CHAPEL VILLAGE CTR PRT SF1-A 1227 N WHITE CHAPEL BLVD 1.09 NR 28. COOK, WILLIAM M B2 555 E SH 114 4.11 NR 29. MILNER LIMITED PARTNERSHIP AG 555 E HIGHLAND ST 10.54 NR 30. J G J INC AG 651 E HIGHLAND ST 49.99 NR 31. MADDEN, HELEN LOUISE AG 181 E HIGHLAND ST 0.74 NR 32. SOUTHLAKE CH ASSEMBLY OF GOD CS 101 E HIGHLAND ST 6.85 NR 33. DOMINION SOUTHLAKE PROPERTIES SP2 1451 N WHITE CHAPEL BLVD 10.05 NR 34. GAHC3 SOUTHLAKE TX HOSPITAL LL SP2 421 E SH 114 8.26 NR 35. METHODIST HOSPITALS OF DALLAS SP2 401 E SH 114 1.88 NR 36. METHODIST HOSPITALS OF DALLAS SP2 335 E SH 114 15.09 NR 37. RREAF SOUTHLAKE PROPERTY CO LL SP2 1351 N WHITE CHAPEL BLVD 6.60 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-two (32) Responses received: None (0) - Attached Case No. Attachment E ZA21-0075 Page 1 CITY OF SOUTHLAKE ORDINANCE NO. 480-527A 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 1R, 2R, 3R, 4 AND 5, BLOCK 1, SOUTHLAKE MEDICAL DISTRICT, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 30.018 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN ZONING DISTRICT TO “S-P-2” GENERALIZED SITE PLAN ZONING DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT/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” Case No. Attachment E ZA21-0075 Page 2 Generalized Site Plan Zoning 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 an d 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 Case No. Attachment E ZA21-0075 Page 3 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 Case No. Attachment E ZA21-0075 Page 4 be altered, changed and amended as shown and described below: Being described as Lots 1R, 2R, 3R, 4 and 5, Block 1, Southlake Medical District, an addition to the City of Southlake, Tarrant County, Texas, being approximately 30.018 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan Zoning District, to “S-P-2” Generalized Site Plan Zoning District as depicted on the approved Concept/Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 1. 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 respec t 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 Case No. Attachment E ZA21-0075 Page 5 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, Case No. Attachment E ZA21-0075 Page 6 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 in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading o f this ordinance, and it 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 ____day of _____, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA21-0075 Page 7 PASSED AND APPROVED on the 2nd reading the ___ day of ____, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment E ZA21-0075 Page 8 EXHIBIT “A” Lots 1R, 2R, 3R, 4 and 5, Block 1, Southlake Medical District, an addition to the City of Southlake, Tarrant County, Texas, according to the plats filed as Instrument Nos. D212064089 filed on March 15, 2012 and D213057720 filed on March 7, 2013 in the plat records of Tarrant County, Texas. Case No. Attachment E ZA21-0075 Page 9 EXHIBIT “B” Reserved for approved Concept/Site Plan