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Item 6Case No. ZA21-0072 S T A F F R E P O R T October 1, 2021 CASE NO: ZA21-0072 PROJECT: Zoning Change and Concept/Site Plan for Zena Rucker Road Office Park EXECUTIVE SUMMARY: Pecan Creek Medical Office Condos is requesting approval of a Zoning Change and Concept/Site Plan for Zena Rucker Road Office Park on property described as Lot 4, Block 1, Pecan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 731 Zena Rucker Rd., Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #9. DETAILS: The project is generally located south of Zena Rucker Rd. approximately 500’ east of the intersection with Byron Nelson Pkwy. The west and south property lines abut the Rockenbaugh Elementary School property and the east property line abuts an approximately 40’ wide leftover strip of land in a drainage and utility easement that separates the subject property and the Matthews Court subdivision to the east. 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 for two (2) single-story medical/general office buildings with building #1 proposed to be 11,316 square feet and building #2 proposed to be 11,170 square feet for a total of 22,486 square feet (previously 24,792 square feet) on approximately 2.25 acres. Each building is proposed to be divided into four office condominium spaces. The existing retention pond is proposed to be replaced by an underground detention structure located under proposed driveways and parking spaces. A summary of the changes to the plans since the Planning and Zoning Commission meeting on September 9, 2021 is below: • Building area reduced from 24,792 sq. ft. to 22,486 sq. ft. • Parking reduced from 114 spaces to 95 spaces at 1 space per 221 sq. ft. • Building 1 setback from rear property line increased from 10’ to 44’-1”. • Landscape area between the east property line and the parking lot increased from ±10’ to ±20’-7”. • Impervious coverage reduced from 75% to 62%. • Driveway stacking requirement reduced from 75’ to 50’ with the parking reduction and the variance request for the west driveway has been removed. Case No. ZA21-0072 The Site Data Summary Chart is below. A comparison of the proposed “S-P-2” regulations to the requirements of the “O-1” Office District and to the “S-P-2” regulations at the 9/9/21 P&Z meeting is below: Regulation “O-1” District “S-P-2” Regulation P&Z 9/9/21 “S-P-2” Regulation P&Z 10/7/21 Maximum Impervious Coverage 65% 75% Complies with “O-1” (62%) Off-Street Parking Required 125 spaces 114 spaces with 8.8% reduction 95 spaces at 1 space per 221 sq. ft. Minimum Percentage Tree Canopy to be Preserved 70% 63.3% 63.3% Case No. ZA21-0072 VARIANCE REQUESTED: Driveway Ord. No. 634, as amended, Section 5.2.d requires a minimum stacking depth of 50’. A variance is requested to allow a stacking depth of approximately 39’ for the east driveway. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 4, dated October 1, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-788 Half Size Plans (for Commission and Council members only) Presentation “S-P-2” Regulations and Variance Request Letter Plans SPIN Report 2035 Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA21-0072 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Pecan Creek Medical Office Condos PROPERTY SITUATION: 731 Zena Rucker Rd. LEGAL DESCRIPTION: Lot 4, Block 1, Pecan Creek Addition LAND USE CATEGORY: Office Commercial / 100-Year Flood Plain CURRENT ZONING: “S-P-2” Generalized Site Plan Zoning District PROPOSED ZONING: “S-P-2” Generalized Site Plan Zoning District HISTORY: - July 3, 1979 City Council approved a Plat Showing for two lots on 25 acres of land. - February 22, 1984 City Council approved a Plat Revision for a subdivision of Lot 2 into three lots. - On October 2, 2001 City Council approved a Zoning Change and Concept Plan for this location under Planning Case ZA01-077. Under the approval for this case the following conditions were placed on this lot: providing a 20’ bufferyard with evergreen plant material adjacent school property; accommodating an east-west access road in the design; no 2 story buildings permitted on the two south lots; and requiring pitched roof residential style construction on the south two lots. The applicant has indicated to staff compliance with these conditions and will provide additional materials when requesting a Site Plan approval from City Council. - A Plat Vacation of the Dilg Addition was approved by City Council on January 7, 2003 under Planning Case ZA02-054. - On January 7, 2003 City Council approved a Preliminary Plat for Pecan Creek under Planning Case ZA02-052 for the subdividing of the Dilg Place Subdivision. - On January 9, 2003 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA02-053 to begin construction of two commercial/retail buildings on two lots. - On January 17, 2003 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA03-049 in order to obtain a building permit for the construction of a medical office building on Lot 3, Block 1 of Pecan Creek. - On January 4, 2005 the City Council approved a revised Development Plan under Planning Case ZA04-063 to designate the alignment for an approximate 500 feet section of Zena Rucker Road that will extend east from Byron Nelson Parkway. - On August 2, 2005 the City Council approved a Plat Revision for Pecan Creek under Planning Case ZA05-044 to create lots for general/medical office construction and to dedicate the right-of-way for Zena Rucker Road through the Pecan Creek development. - On September 20, 2005 a Zoning Change and Site Plan were approved on Lot 2 of the Pecan Creek Development under Planning Case ZA05- 050 for the construction of a medical office building (Baylor Family Health Center at Southlake). Case No. Attachment A ZA21-0072 Page 2 - On January 18, 2011 a Zoning Change and Concept Plan from “O-1” Office Zoning District to “S-P-2” Generalized Site Plan Zoning District was approved under Planning Case ZA10-039 to establish office uses under the “O-1” zoning district and a daycare/ Montessori School with a private “K” program in one building approximately 18,975 square feet in size with the Montessori School use, medical use and general office uses permitted. - On January 19, 2016, a Zoning Change and Concept Plan (ZA15-097) from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with O-1 Office District Uses was approved to develop three one-story office buildings totaling approximately 17,360 square feet and one open space lot on approximately 2.25 acres. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation is Office Commercial. Purpose and Definition: The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office-related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Zena Rucker Rd. to be a two-lane undivided collector 60’ of right of way. Adequate right of way has previously been dedicated. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing 8’ multi-use trail along the south side of Zena Rucker Rd. and extending south from the east property line of the lot. The existing 8’ trail along the east property line is proposed to be removed with removal of the retention pond, so a review comment has been added to show and label an 8’ multi-use trail extending from the existing trail along Zena Rucker Rd. to the south property line. TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The development shows two driveways onto Zena Rucker Rd. Zena is currently a two- lane undivided collector adjacent to the site. No traffic counts are available for this section of Zena Rucker Rd. Case No. Attachment A ZA21-0072 Page 3 Traffic Impact Use Floor Area Vtpd* AM- IN AM- OUT PM- IN PM- OUT General Office Building (710) 10,405 115 14 2 3 13 Medical Office Building (720) 13,242 478 32 16 24 35 Total 23,647 593 46 18 27 48 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour of generator on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: There is approximately 10.1% of existing tree cover on the property and a minimum of 70% of the existing tree cover is required to be preserved if the zoning change was to the “O-1” Office District. A maximum of 63.3% of the existing tree cover is proposed to be preserved per the “S-P-2” zoning. UTILITIES: There is an existing 8” water line on the north side of Zena Rucker Road that will serve this development. There are existing 8” and 10” sanitary sewer lines adjacent to this property that the applicant can tap into for service. DRAINAGE: A creek to the east of the site carries water from north to south. FEMA is in the process of revising their base flood maps which will place a large portion of this property within the 100-year floodplain. Per the City Drainage Ordinance, creeks and channels shall be located within a drainage easement sized based on the 100-year base flood elevation plus 1-foot of freeboard. A flood study will be required to remove a portion of the property from the 100-Year Floodplain and the proposed buildings must be constructed one foot above the 100-year base flood elevation. CITIZEN INPUT: A SPIN meeting was held on August 24, 2021. Please see the SPIN Report attached separately. A 2035 Corridor Planning Committee meeting was held on August 24, 2021. Please see the Corridor Planning Committee Report attached separately. PLANNING AND ZONING COMMISSION ACTION: September 23, 2021; Tabled to the October 7, 2021 meeting (7-0). STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 4, dated October 1, 2021. The criteria for approving a variance to Driveway Ordinance No. 634 is below: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing the unnecessary hardship is unique to the affected property an is not self- imposed, that the variance will not injure and will be wholly compatible Case No. Attachment A ZA21-0072 Page 4 with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. General Development Standards Applies? Comments Overlay Regulations Yes The property is in the Residential Adjacency Overlay. Building Articulation No Articulation is not required, but both buildings comply. Masonry Standards Yes Complies Impervious Coverage Yes “S-P-2” regulation added Bufferyards Yes Complies Interior Landscape Yes Complies subject to review comments being addressed Tree Preservation Yes Tree Preservation Ordinance 585-E applies. Approved as part of “S-P-2” zoning. Sidewalks Yes An 8’ multi-use trail exists along the south side of Zena Rucker Rd. and it is required to extend south from Zena Rucker Rd. to the south property line. Case No. Attachment B ZA21-0072 Page 1 Case No. Attachment C ZA21-0072 Page 1 CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA21-0072 Review No.: Four Date of Review: 10/01/21 Project Name: Zoning Change and Concept/Site Plan – Pecan Creek Office Park APPLICANT: David M. Spina OWNER: David M. Spina Pecan Creek Medical Office Condos Pecan Creek Medical Office Condos 731 Zena Rucker Rd. 731 Zena Rucker Rd. Southlake, TX 76092 Southlake, TX 76092 Phone: (682) 429-5671 Phone: (682) 429-5671 E-mail: david@myccpartners.com E-mail: david@myccpartners.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/30/21 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. 1. The Concept/Site Plan must conform to the underlying zoning district. 2. Please make the following changes to the Concept/Site Plan: a. Revise the title to Concept/Site Plan instead of Site Plan. b. Label each building as Medical/General Office instead of Professional Office if medical uses and general office uses are proposed. c. Remove the “Variance Requests” chart from the Site Plan. d. The symbol for sidewalks in the hatch legend is not shown on the sidewalks on the plan. e. Please check the lot area that you are showing because the plat shows the lot area to be 98,104 square feet, or 2.2522 acres. 3. Driveway Ord. No. 634, as amended, Section 5.2.d requires a minimum stacking depth of 50’. The east driveway is not dimensioned correctly. Please show the dimension from the right of way to the first parking space on the west side of the driveway. The dimension may follow the radius of the driveway. 4. Please make the following changes to the S-P-2 Regulations and Variance Request Letter: a. Revise the tree canopy to be preserved to 63.3% to match the percentage on the Tree Conservation Plan. b. Add the driveway variance language below back to the S-P-2 and variance request letter with the dimension shown on the site plan once it has been revised (see above). 5. The Master Pathways Plan shows an existing 8’ multi-use trail along the south side of Zena Rucker Rd. and extending south from the east property line of the lot. Show and label an 8’ multi-use trail extending from the existing trail along Zena Rucker Rd. to the south property line. Case No. Attachment C ZA21-0072 Page 2 * The monument sign shown on the plan is not approved as part of this “S-P-2” request. All signs must comply with Sign Ordinance No. 704, as amended. Approval of a separate sign permit is required. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. The proposed preservation of existing tree cover in the S-P-2 regulations (66.6%) does not match the proposed preservation of existing tree cover stated on the Tree Conservation Plan (63.3%). * If the development were proposed with straight zoning the proposed preservation of the existing tree cover would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 10.1% of existing tree cover on the property and a minimum of 70% of the existing tree cover is required to be preserved. A maximum of 63.3% of the existing tree cover is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so Case No. Attachment C ZA21-0072 Page 3 as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. The north and south bufferyards on the Site Plan are incorrectly labeled and do not match the bufferyard types in the bufferyards summary charts or the Landscape Plan 2. The ‘Required’ interior landscape area is incorrect. Based on 50% of the proposed building’s floor area (20,987), the required interior landscape area is 10,494. * Indicates informational comment. # Indicates required items comment. Development Engineer Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. WATER/SEWER COMMENTS: 2. Water meters and associated service lines shall be of the same size. Case No. Attachment C ZA21-0072 Page 4 3. The proposed sewer service lines are labeled as a 6” SS service, however, the Legend shows it as an 8”. Please update to match. DRAINAGE COMMENTS: 4. The provided infiltration values seem low. Please verify that these values are from the most current iSWM manual, updated in April 2020 (see current values below). * The existing drainage easement onsite shall be revised based on the proposed floodplain revisions and/or LOMR. Per the City Drainage Ordinance creeks and channels shall be located within a drainage easement sized based on the 100-year based flood elevation plus 1-foot of freeboard. * Underground detention shall be located within a dedicated drainage easement. This drainage easement can be combined with the drainage easement for the creek if they overlap. * Based on conversations with ICON Consulting Engineers, FEMA is in the process of revising their base flood maps which will place a large portion of this property within the flood zone AE. A flood study can be provided to City and FEMA for review and approval to revise the newly created floodplain boundaries and remove a portion of the proposed property from the floodplain. The flood study shall follow all requirements within the City Floodplain Ordinance and the iSWM manual and shall ensure that there are no adverse impacts on the downstream properties. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist to the Public Works Department through the online customer self service portal located here: CSS (cityofsouthlake.com). 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 * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Case No. Attachment C ZA21-0072 Page 5 Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A Developer Agreement will 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. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Both buildings appear to have the riser located where the total linear length of pipe is slightly in excess of 100 feet from the city water main, which would require an underground vault for the double check valves) General Informational Comments * A SPIN meeting was held on August 24, 2021. A Corridor Planning Committee was held on August 23, 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 rights-of-way 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. Case No. Attachment C ZA21-0072 Page 6 * 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, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA21-0072 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES ‘ SPO # Owner Zoning Physical Address Acreage Response 1. RCCK ENTERPRISES LLC O1 200 PECAN CREEK DR 0.91 NR 2. SOUTHLAKE SCHOOL REAL ESTATE H RPUD 600 ZENA RUCKER RD 0.99 NR 3. MILILANI INV ZENA LLC RPUD 601 ZENA RUCKER RD 1.07 NR 4. SOUTHLAKE VENTURES LLC SP1 807 E SOUTHLAKE BLVD 2.95 NR 5. RUCKER, ZENA SULLIVAN SP2 805 E SOUTHLAKE BLVD 0.93 NR 6. HCP CRS2 LTACH-BAYLOR SOUTHLAK SP1 731 E SOUTHLAKE BLVD 4.52 NR 7. NOORNEEL LLC SP1 751 E SOUTHLAKE BLVD 1.63 NR 8. DEVANE CLARKE PARTNERSHIP LTD SP2 731 ZENA RUCKER RD 2.30 NR 9. NOORNEEL LLC SP1 751 E SOUTHLAKE BLVD 0.18 NR 10. CARROLL, ISD RPUD 301 BYRON NELSON PKWY 15.60 NR 11. LANDLOCK LLC RPUD MATTHEWS CT 0.01 NR 12. JC LAND HOLDINGS LTD RPUD 304 MATTHEWS CT 0.45 NR 13. JC LANDHOLDINGS LTD RPUD 308 MATTHEWS CT 0.49 NR 14. JC LAND HOLDINGS LTD RPUD 305 MATTHEWS CT 0.47 NR 15. CULP, BRITTNEY RPUD 309 MATTHEWS CT 0.49 NR 16. HENDERSON, JAMES R RPUD 312 MATTHEWS CT 0.50 O 17. HOLDGATE, BRIAN RPUD 316 MATTHEWS CT 0.52 O 18. ROBERTS LIVING TRUST RPUD 313 MATTHEWS CT 0.48 O Case No. Attachment D ZA21-0072 Page 2 19. LANDLOCK LLC RPUD MATTHEWS CT 0.72 NR 20. LANDLOCK LLC RPUD MATTHEWS CT 0.01 NR 21. LANDLOCK LLC RPUD 300 MATTHEWS CT 0.31 NR 22. LANDLOCK LLC RPUD 301 MATTHEWS CT 0.25 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent within 300’: Sixteen (16) Responses Received within 300’: Three (3) – Attached Responses Received outside 300’: One (1) – Attached P&Z comment card Case No. Attachment D ZA21-0072 Page 3 Case No. Attachment D ZA21-0072 Page 4 Case No. Attachment D ZA21-0072 Page 5 Case No. Attachment D ZA21-0072 Page 6 Case No. Attachment D ZA21-0072 Page 7 Case No. Attachment D ZA21-0072 Page 8 Case No. Attachment E ZA21-0072 Page 1 CITY OF SOUTHLAKE ORDINANCE NO. 480-788 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 LOT 4, BLOCK 1, PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.25 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” Generalized Site Plan Zoning District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA21-0072 Page 2 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which Case No. Attachment E ZA21-0072 Page 3 existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 4, Block 1, Pecan Creek Addition, Southlake, Tarrant County, Texas, being approximately 2.25 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 Case No. Attachment E ZA21-0072 Page 4 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 respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA21-0072 Page 5 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing Case No. Attachment E ZA21-0072 Page 6 thereon at least ten (10) days before the second reading of 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 PASSED AND APPROVED on the 2nd reading the ___ day of ____, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA21-0072 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment E ZA21-0072 Page 8 EXHIBIT “A” Lot 4, Block 1, Pecan Creek an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slides 10956 and 10957 on March 24, 2006 at the plat records of Tarrant County, Texas. Case No. Attachment E ZA21-0072 Page 9 EXHIBIT “B” Reserved for approved Concept/Site Plan