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Item 6D Department of Planning & Development Services S T A F F R E P O R T August 25, 2015 CASE NO:ZA15-067 PROJECT:Zoning Change and Site Plan for Hidden North Offices EXECUTIVE SUMMARY: TAK Enterprises, Inc. is requesting approval of a Zoning Change and Site Plan for Hidden North Offices on property described as Lot 10A, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 2419 W. Southlake Blvd., Southlake, Texas. Current Zoning: “SF-1A” Single Family Residential District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood # 11. DETAILS: TAK Enterprises, Inc. is requesting approval of a Zoning Change and Site Plan for Hidden North Offices for the purpose of constructing an approximately 7,820 square foot single-story professional and medical office building. The property is currently vacant and zoned “SF-1A” Single Family Residential District and the Future Land Use Plan designation is currently Low Density Residential. The applicant has filed a request to amend the Comprehensive Land Use Plan Map to change the property to Office Commercial under Planning Case CP15-001 to accommodate the associated zoning change and site plan request. The following is a site data summary as proposed: Hidden North Offices Component Existing Proposed O-1 District Zoning SF-1A S-P-1 with O-1 uses - Low Density Land Use Office Commercial - Residential Floor Area - 7,820 sf - Impervious Coverage - 64.6% 65% Required Parking - - - General Office (3,820 sf) - 13 13 Medical Office (4,000 sf) - 28 28 Total - 41 41 33% canopy 70% canopy under straight Tree Preservation 15.7% canopy preserved zoning is required Variance Request – Driveway Ordinance No. 634, Section 5.1 (Table One), the minimum centerline driveway spacing along FM 1709 is 500 feet. The site plan indicates a spacing measurement from Brock Dr. to the proposed driveway onto FM 1709 at approximately 169 feet (measured from centerline to edge of right of way). There is also an existing driveway into the residential property to the east that indicates a spacing measurement at approximately 70 feet. On August 6, 2015, the Planning & Zoning Commission approved (5-1 / Case No. ZA15-067 Springer) the applicants request subject to the staff report and site plan review summary noting that the fencing along the southern boundary will be masonry and not cedar as shown on the original site plan. st On August 18, 2015, the City Council approved the 1 reading (7-0) subject to the staff report dated August 11, 2015; noting the applicant’s agreement to nd provide alternative renderings at 2 reading as discussed with relation to the st amount of stone and stucco; noting that the approval at 1 reading is the intent of the City Council that access to the property be off of 1709 and if access is not granted by TxDOT, the applicant would be proceeding at their own risk with the project; and, granting the variance for driveway spacing. The applicant has provided an alternate black and white rendering showing an st increase in brick material as discussed during 1 reading. The rendering has been included in Attachment ‘C’ page 3 of this report. ACTION NEEDED:1. Conduct public hearing nd 2. Consider 2 Reading Approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information – LINK TO PRESENTATION (B) Vicinity Map (C) Plans and Support Information (D) SPIN Meeting Summary Report (E) Revised Site Plan Review Summary No. 2, dated August 17, 2015 (F) Surrounding Property Owners Map & Responses (G) Ordinance No. 480-700 (H) 11x17 Size Plans STAFF CONTACT: Lorrie Fletcher (817) 748-8069 Dennis Killough (817) 748-8072 Case No. ZA15-067 BACKGROUND INFORMATION OWNER: Dorothy Hallmark Bucy APPLICANT: TAK Enterprises, Inc. PROPERTY SITUATION: 2419 W. Southlake Blvd. LEGAL DESCRIPTION: Lot 10A, Brock Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF-1A Single Family Residential District PROPOSED ZONING: S-P-1 - Detailed Site Plan District with O-1 Office District uses HISTORY: - The property was annexed by the City of Southlake in 1956 - A subdivision plat was filed for Lots 1-10, Brock Addition in 1967 - A portion of the lot was subdivided by metes and bounds resulting in Lot 10A for the purpose of FM 1709 improvements. - In January 2014, a demolition permit was issued to remove the residential structure CITIZEN INPUT: A SPIN forum was held April 28, 2015. A summary report is provided as Attachment ‘D’ of this report. SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Low Density Residential. The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. The proposed zoning change and site plan is not consistent with the Low Density Residential land use designation at this location. The applicant is requesting a Comprehensive Land Use Map Amendment concurrently with this case under Planning Case number CP15-001 for an Office Commercial designation. Pathways Master Plan The Pathways Master Plan identifies an 8-foot sidewalk along Southlake Boulevard which exists currently at this location. A 5-foot sidewalk is proposed on the site plan along Brock Drive which is required by the Subdivision Ordinance No. 483, as amended, Section 5.06. Case No. Attachment A ZA15-067 Page 1 Master Thoroughfare Plan The Master Thoroughfare Plan identifies Southlake Boulevard to be a 130 to 140-foot, 6-lane, divided arterial roadway. Brock Drive is categorized as a local street. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have one access point onto Southlake Boulevard. Southlake Boulevard (21) (between Randol Mill and Pearson) 24hr West Bound (18,766) East Bound (18,836) AM Peak AM (1,110) 11:30 AM – 12:30 PM Peak AM (2,075) 7:00 – 8:00 AM PM Peak PM (2,122) 5:00 – 6:00 PM Peak PM (1,137) 4:45 – 5:45 PM Based on the 2015 City of Southlake Traffic Count Report * Traffic Impact AM-AM-PM-PM- Use Area Vtpd* IN OUT IN OUT General Office Use 3,820 sq. ft. 44 5 1 1 5 Medical Office Use 4,000 sq. ft. 145 10 5 7 11 Total 7,820 sq. ft. 189 15 6 8 16 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: There are six (6) existing trees on the site. Two (2) large oaks will be preserved; three (3) hackberries will need to be removed with construction of the parking lot; and, one (1) cedar tree will need to be removed with construction of the building. The six (6) existing trees total 6,794 square feet of canopy coverage or 15.7%. The four (4) trees that need to be removed total 4,631 square feet of canopy coverage or 10.7%. The two (2) trees that remain total 2,163 square feet of canopy coverage or 33%. The Tree Preservation Ordinance states that for 0% to 20% of existing tree cover on the site, 70% is required to be preserved under a straight zoning district. The “S-P-1” 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. UTILITIES: Water The site has access to an existing 12- inch water line along Southlake Boulevard and an existing 8-inch water line along the west side of Brock Drive. Sewer The site has access to an existing 15-inch sewer line along that comes down from the north side of Southlake Boulevard and runs adjacent to the property along the east side of Brock Drive. P&Z ACTION: August 6, 2015; Approved (5-1) subject to the Site Plan Review Summary No. 2, dated July 31, 2015 and the Staff Report dated July 31, 2015; noting that the fencing along the southern border will be masonry and not cedar. Case No. Attachment A ZA15-067 Page 2 st CITY COUNCIL ACTION: August 18, 2015; Approved 1 reading (7-0) subject to the staff report dated August 11, 2015; noting the applicant’s agreement to provide nd alternative renderings at 2 reading as discussed with relation to the st amount of stone and stucco; noting that the approval at 1 reading it is the intent of the City Council that access to the property be off of FM 1709 and if access is not granted by TxDOT, the applicant would be proceeding at their own risk with the project; and, granting the variance for driveway spacing (approximately 169 feet from centerline to edge of right of way to the west and approximately 70 feet from centerline to centerline to existing residential driveway to the east). STAFF COMMENTS : Attached is Revised Site Plan Review Summary No. 2, dated August 17, 2015. The applicant will need to ensure the common access drive is accessible to the property to the east and matches grade. The shrubs shown on the current proposed landscape plan in the common access drive connection area will need to be relocated. N:\\Community Development\\MEMO\\2015 Cases\\067- ZSP-Hidden North Offices\\CC 2nd reading Packet\\Item 6D.docx Case No. Attachment B ZA15-067 Page 1 Case No. Attachment B ZA15-067 Page 1 Plans and Support Information Proposed Site Plan Case No. Attachment C ZA15-067 Page 1 st Elevations shown at 1 reading Case No. Attachment C ZA15-067 Page 2 Alternate Rendering Proposed Landscape Plan Case No. Attachment C ZA15-067 Page 3 Case No. Attachment C ZA15-067 Page 4 Letter from the Applicant Case No. Attachment C ZA15-067 Page 5 SPIN MEETING REPORT Case Number: SPIN Item Number: SPIN2015-14 Project Name: 8,000 Square Foot Office SPIN Neighborhood: SPIN #11 Meeting Date: April 28, 2015 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: 10 Host: Sherry Berman, Community Engagement Committee Applicant(s) Presenting: Paul Moss City Staff Present: Jerod Potts, Planner I City Staff Contact: Town Hall Forums can be viewed in their entirety by visiting http://www.cityofsouthlake.com and clicking on “Learn More” under Video On Demand; forums are listed under SPIN by meeting date. FORUM SUMMARY Property Situation:  2419 Southlake Blvd. Development Details:  SE Corner of Brock Dr. and Southlake Blvd.  Applicant mentioned they are proposing a professional office just under 8,000 square feet in a residential setting. Presenter noted that previously completed offices have a residential-look to them, where it is a single-story building with brick, stone, or maybe stucco  Applicant mentioned there would possible be between 1-3 tenants that would occupy this property  The presenter referenced the site plan for the project, which proposes an entrance off Southlake Blvd. that is about 170 feet east of Brock Dr. The presenter mentioned they are trying to get separation for a few different reasons; such as to reduce confusion of people turning into the wrong drive  The presenter noted that the building itself would be 60 feet from the nearest residential property, with a 10-foot landscape buffer, with about 40 feet of parking lot, and another 10 feet to the actual building wall  Parking would be on front, side, and rear – Applicant mentioned that rear parking would primarily be for tenants use Case No. Attachment D ZA15-067 Page 1  During the Questions portion of the presentation, the presenter mentioned that if approved, they would be building an 8 foot tall masonry fence so there will be an 8 foot buffer fence and then 60 feet before the building would start to the nearest residential property Presented at SPIN: Case No. Attachment D ZA15-067 Page 2 Case No. Attachment D ZA15-067 Page 3 QUESTIONS / CONCERNS:  Brock Drive is a residential street, how are you able to put a business on the corner? Property would need to be rezoned to turn it into an office project o  What is to prevent other developers from moving down the street? Cannot speak to that, this would be a case-by-case basis o  Do you have an answer to the traffic for residents coming out of Brock Lane? If there is a problem there right now we are probably not going to exacerbate that o problem greatly because the traffic we would have coming in and out of our office complex would probably be about 1/100 of the traffic that goes by there every day  How many parking places will you have in the business property 43 o  How many does it take to pass it? This is an informal informational meeting tonight. The homeowners would get a chance o to speak at a P&Z meeting or a Council meeting. The P&Z and Council will listen to our presentation and they will take a vote on it  Would you clarify the zoning? What specific zoning are you applying to be changed to? Professional office space o  What zoning are you applying for? O-1 – we haven’t applied for anything yet o SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA15-067 Page 4 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA15-067 Review No.: Two Date of Review: 08/17/2015 Project Name: Zoning Change and Site Plan for Hidden North Offices APPLICANT: TAK Enterprises, Inc. OWNER: Dorothy Hallmark Bucy Paul Moss 8821 Davis Blvd., Ste. 220 7429 Eagle Ridge Circle Keller, TX 76248 Ft. Worth, TX 76179 Phone: (817) 431-5626 Phone: (817) 565-7173 Email: paul@marinabayhomes.net OR Email: dbucy2@yahoo.com terry@trcarchitects.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/17/2015 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 APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner I Phone: (817) 748-8069 Email: lfletcher@ci.southlake.tx.us 1. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The minimum centerline driveway spacing along FM 1709 is 500 feet. The site plan indicates a spacing measurement from Brock Dr. to the proposed driveway onto FM 1709 at approximately 169 feet (measured from centerline to edge of right of way). There is also an existing driveway into the residential property to the east that indicates a spacing measurement at approximately 70 feet. A variance has been requested. 2. The curb cut onto FM 1709 will require a permit from TxDot. Please provide a copy of initial approval or letter. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * 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 Case No. Attachment E ZA15-067 Page 1 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 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 AND BUFFERYARDS COMMENTS: 2. All parking lot islands are required to contain, shrubs, ground cover, ornamental grasses, seasonal color, or a combination of these plant materials along with the required canopy tree. Landscape areas located at the ends of rows of parking are considered parking lot landscape islands/area. * Indicates informational comment. Public Works Review Om Gharty Chhetri, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Case No. Attachment E ZA15-067 Page 2 2. Proposed drives on FM 1709 do not meet TXDOT minimum spacing requirement of 360’ between drives. A variance shall be required by TXDOT. 3. Construction within FM 1709 right of way shall require a permit from TxDOT. Submit permit application prior to site plan approval. 4. Fire lane radii shall be 30’ minimum. 5. Dimension existing ROW on Brock Street. * Contact the electric company to relocate or abandon the existing power line that runs north south on the property. * 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, and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. 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. A drainage easement shall be required for the detention pond/s. 4. Corner clips shall be shown on the plat. Refer to Ordinance No. 483. WATER AND SANITARY SEWER COMMENTS: * Sanitary sewer main in this area is deep (>20’). The sewer service location as shown in the plans may need to be relocated 5’ away from the MH in final design. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. 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 1, 10 and 100- year storm events. Access easements are needed for maintenance of detention ponds. Case No. Attachment E ZA15-067 Page 3 2. Show the water surface elevation limits for 1, 10 and 100 yr storm events for the pond. Use modified rational method as presented in iSWM manual. Provide stage, volume and discharge tables or curves. 3. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. 4. Pond outfall detail on sheet C1.01B depicts 100 yr WSE contained between curb and the wall. The 100yr WSE extend into the parking area. Any accumulation in a paved/parking area shall maintain a depth of less than one foot per City ordinance 9.5-162. Provide curb elevations. 5. Verify that the proposed outfall velocity does not exceed the existing condition. Release of concentrated flow to the neighboring downstream property requires a drainage easement or written consent from the property owner before a preconstruction meeting can be scheduled for this project. Provide erosion control as necessary. 6. Any driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Property drains into a Critical Drainage Structure #18 and requires a fee to be paid prior to beginning construction ($212.61/Acre). * 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 geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * 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 Case No. Attachment E ZA15-067 Page 4 Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for buildings over 6,000 square feet. (per 2012 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. Fire department sprinkler connections, FDC, are to be a five inch Storz connection with a 30 degree down elbow and a Knox locking cap. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis for sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2012 I.F.C. Sec. 503.2.4) With access required for fire apparatus, an approved turn-around must be provided on the property. (Southlake Boulevard is not an acceptable street to back onto and turn-around due to heavy traffic volume) To eliminate required fire lane for apparatus access on the property, a remote Fire Department Connection could be located within 50 feet of Brock Drive and within 100 feet of a fire hydrant. FIRE HYDRANT COMMENTS: The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire lane access. Case No. Attachment E ZA15-067 Page 5 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 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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. Denotes Informational Comment * Case No. Attachment E ZA15-067 Page 6 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Hidden North Offices Owner Zoning Address Acreage Response 1. NR Drews Realty Group SP2 2345 W SOUTHLAKE BLVD 0.99 2. NR Lam, Conner AG 2415 W SOUTHLAKE BLVD 2.55 3. NR Encore Retail Dev Co Lp SP2 180 DAVIS BLVD 1.56 4. F Bucy, Dorothy Hallmark SF1-A 2419 W SOUTHLAKE BLVD 1.28 5. NR Drews Realty Group SP2 190 DAVIS BLVD 1.35 6. NR Southlake Church Of Christ CS 2417 W SOUTHLAKE BLVD 9.82 7. F Mantheiy, Joseph Etux Peggy RE 200 DAVIS BLVD 5.08 8. F Quinones, Michael C & Sandy SF1-A 105 BROCK DR 0.51 9. F Quinones, Michael C & Sandy SF1-A 109 BROCK DR 0.58 10. NR Vargas, Perry W Etux Elvira E SF1-A 209 BROCK DR 1.14 11. NR Wiesman, E I SF1-A 250 BROCK DR 1.53 12. O Howard, Emma L SF1-A 303 BROCK DR 1.13 13. F McCall, Harold L Etux Marie C SF1-A 320 BROCK DR 1.33 14. O Papillard, Marjorie A SF1-A 319 BROCK DR 0.67 15. O Papillard, Marjorie A SF1-A 329 BROCK DR 0.74 16. NR Haney, Arvel W SF1-A 400 BROCK DR 4.84 17. NR Haney, Arvel W SF1-A 410 BROCK DR 1.70 18. NR Howken Llc SP2 100 RIVER OAKS DR 1.15 19. NR Kloesel, Gregory B SP2 101 RIVER OAKS DR 0.92 20. NR Entin, Jack J & Penelope SP2 2350 W SOUTHLAKE BLVD 3.76 21. NR Rector, Anthony & Dana SP2 113 RIVER OAKS DR 2.14 22. NR Bridgelink Tech Llc SP2 109 RIVER OAKS DR 2.14 23. NR Pes Management Llc SP2 105 RIVER OAKS DR 2.14 24. NR Wells Fargo Bank Na SP2 105 RIVER OAKS DR 2.14 F: In Favor O: Opposed To U: Undecided NR: No Response Notifications Sent: Twenty-four (24) Responses Received: Six (6) – Four (4) in favor and two (2) opposed Case No. Attachment F ZA15-067 Page 1 Case No. Attachment F ZA15-067 Page 2 Case No. Attachment F ZA15-067 Page 3 Case No. Attachment F ZA15-067 Page 4 Case No. Attachment F ZA15-067 Page 5 Case No. Attachment F ZA15-067 Page 6 Case No. Attachment F ZA15-067 Page 7 Case No. Attachment F ZA15-067 Page 8 Case No. Attachment F ZA15-067 Page 9 Case No. Attachment F ZA15-067 Page 10 Case No. Attachment F ZA15-067 Page 11 Case No. Attachment F ZA15-067 Page 12 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-700 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 LEGALLY DESCRIBED AS LOT 10A, BROCK ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, 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 “SF-1A” Single Family Residential 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 Ordinance No. 480-700 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 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 Ordinance No. 480-700 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 10A, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 0.993 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: st City Council motion at 1 reading on August 18, 2015; Approved (7-0 ) granting the following variance: allowing a minimum driveway spacing along F.M. 1709 of 169’ measured west from the centerline to the edge of right of way and 70’ measured east from centerline to centerline of existing residential driveway (500’ required by the ordinance), recognizing that the applicant has provided a revised exhibit showing a masonry fence along the southern boundary rather than the cedar that was previously shown, noting the applicant’s agreement to provide alternative renderings as discussed during tonight’s meeting, and noting that it is the intent of City Council that access be off of 1709 and if access is not granted off of 1709 the applicant is aware that they proceed at their own risk with this project. 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. Ordinance No. 480-700 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. 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 Ordinance No. 480-700 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 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. th PASSED AND APPROVED on the 1st reading the 18 day of August, 2015. _________________________________ Laura Hill, MAYOR ATTEST: _________________________________ Lori Payne, CITY SECRETARY Ordinance No. 480-700 PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2015. ________________________________ Laura Hill, MAYOR ATTEST: ________________________________ Lori Payne, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Ordinance No. 480-700 EXHIBIT “A” Reserved for legal description Ordinance No. 480-700 EXHIBIT “B” Reserved for approved plans Ordinance No. 480-700