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Item 6G Department of Planning & Development Services S T A F F R E P O R T August 25, 2015 CASE NO:ZA15-058 PROJECT:Zoning Change and Site Plan for Silver Ridge Assisted Living Phase I & II – to be known as Silverado – Southlake EXECUTIVE SUMMARY: Kimball Lakes III Southlake, LLC is requesting approval of a Zoning Change and Site Plan for Silver Ridge Assisted Living Phase I and II on property described as Silver Ridge Addition, Phase I, Lot 1 and Silver Ridge Addition Phase III, Lot 8, an addition to the City of Southlake, Tarrant County, Texas, and located at 2001 and 2121 E. Kirkwood Blvd., Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood # 4. The project will be known as Silverado – Southlake. DETAILS: Kimball Lakes III Southlake, LLC is requesting approval of a Zoning Change and Site Plan for Silver Ridge Assisted Living Phase I and II from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District for the purpose of adding ten (10) beds of assisted living to the current S-P-1 zoning for an overall total of 87 beds between the three (3) existing buildings and the approved building to be constructed on Lot 8. There will be no additional rooms constructed. The increase in beds is a result of converting private rooms to semi-private rooms. The development will continue to adhere to the requirements of Zoning Ordinance No. 480, as amended, Section 45.8 regulations for Assisted Living Facilities. The following is a site data summary showing the existing/approved conditions and the currently proposed conditions. Silverado – Southlake Approved on Existing on Lot 1 Total if Lot 8 Current Total Proposed (Phase I) Approved (Phase II) Zoning “S-P-1” “S-P-1” - “S-P-1” - Land Use Mixed Use Mixed Use - Mixed Use - Land Area 4.445 acres 0.788 5.234 acres No change 5.234 acres Total Floor Area 33,713 sq. ft. 9,546 sq. ft. 43,259 sq. ft. No change 43,259 sq. ft. Assisted Living 22,520 sq. ft. - 22,520 sq. ft. No change 22,520 sq. ft. Floor Area Alzheimer Care 8,970 sq. ft. 9,546 sq. ft. 18,516 sq. ft. No change 18,516 sq. ft. Floor Area Respite Care 2,223 sq. ft. - 2,223 sq. ft. No change 2,223 sq. ft. Floor Area Number of 3 1 4 No change 4 Buildings Case No. ZA15-058 Number of Units 41 14 55 No change 55 Number of Beds 55 22 77 10 87 Number of Lots 1 1 2 No change 2 Parking Spaces 38 9 47 (+2) 5 54 In addition to the increased bed count and parking spaces (through the recorded reciprocal parking agreement), the applicant is requesting that a generator be situated behind the existing dumpster area as depicted on the proposed site plan. Screening of the generator area will match the dumpster screening as depicted on Attachment ‘C’, page 3 of this report. Both requests are related to an operational change to make the entire facility memory care. All other development regulations are to remain as previously approved. Lotting Requirements – Under Article VIII of the City’s Subdivision Ordinance No. 483, Section 8.01(A), every lot shall be required to abut on a public street or a private street. Due to the common access drives throughout the existing and remaining lots to be developed, Silverado – Southlake facility and Kimball Lakes Medical Offices, the applicant has requested that the previously approved variance to this requirement remain. On August 6, 2015, the Planning & Zoning Commission recommended approval subject to the site plan review summary and staff report, noting previously approved variance regarding lotting requirements will remain intact. st On August 18, 2015, the City Council approved the 1 reading (7-0) on consent subject to the site plan review summary and staff report; noting that the previously approved variance regarding lotting requirements will remain intact. ACTION NEEDED:1. Conduct Public Hearing nd 2. Consider 2 Reading Approval for a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information – LINK TO PRESENTATION (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary No. 2, dated July 29, 2015 (E) Surrounding Property Owners Map & Responses (F) Ordinance No. 480-624C (G) 11x17 Size Plans STAFF CONTACT: Lorrie Fletcher (817) 748-8069 Ken Baker (817) 748-8067 Case No. ZA15-058 BACKGROUND INFORMATION OWNER: Silverado Southlake, LLC APPLICANT: Kimball Lakes III Southlake, LLC PROPERTY SITUATION: 2001 and 2121 E. Kirkwood Blvd. LEGAL DESCRIPTION: Silver Ridge Addition, Phase I, Lot 1 and Silver Ridge Addition Phase III, Lot 8 LAND USE CATEGORY: Mixed Use CURRENT ZONING: S-P-1 - Detailed Site Plan District PROPOSED ZONING: S-P-1 - Detailed Site Plan District HISTORY: - On September 4, 2012 the City Council approved a Zoning Change and Site Plan (Ordinance No. 480-624) for the Silver Ridge Assisted Living facility under Planning Case ZA12-064. - On September 4, 2012 the City Council approved a Preliminary Plat for Lot 1-3 and 4X, Block A, Silver Ridge Addition under Planning Case ZA12-065. - On November 8, 2012 the Planning & Zoning Commission approved a Final Plat for the Silver Ridge Addition under Planning Case ZA12- 098. - On October 15, 2013 the City Council approved a Zoning Change and Site Plan for Silver Ridge Cottages for the purpose of changing the exterior materials and adding solar energy panels to the roof of the assisted living facility under Planning Case ZA13-078. - On September 2, 2014 the City Council approved a Zoning Change and Site Plan for Silver Ridge Assisted Living Phase II for the purpose of developing an additional 9,000 square foot building (Lot 8) to the existing 34,000 square foot Silver Ridge Assisted Living facility under Planning Case ZA14-021. - On September 2, 2014 the City Council approved a Zoning Change and Site Plan for Kimball Lakes Medical Offices Phase II for the development of five (5) single story general/medical office buildings under Planning Case ZA14-022. - On September 2, 2014 the City Council approved a Preliminary Plat for Silver Ridge Phase III under Planning Case ZA14-023 - On October 9, 2014 the Planning & Zoning Commission approved a Final Plat for Silver Ridge Phase III under Planning Case ZA14-118. Case No. Attachment B ZA15-058 Page 1 SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates these properties as Mixed Use. Mixed Use is defined as a range of activities being permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher- intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. The proposed zoning change and site plan is consistent with the intent of the Mixed Use land use designation at this location. Pathways Master Plan The Pathways Master Plan recommends an 8-foot sidewalk along Kirkwood Boulevard and less than an 8-foot sidewalk along N. Kimball Avenue. Both of these sidewalks have been installed with the N. Kimball Avenue widening project. Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. Kimball Avenue to be an 88-foot, 4-lane, divided arterial roadway. Recent improvements to N. Kimball Avenue have met this ultimate build out at this section. Kirkwood Boulevard is recommended to be a 100-foot, 4-lane, divided arterial roadway. This segment of Kirkwood Boulevard is currently only two- lanes and a recommendation has been made for the City to conduct a study (Tier 3) at this intersection as more development occurs. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The overall development including Kimball Lakes Medical Offices, Kimball Lakes Office Park, and Silverado - Southlake will have access onto Kirkwood Boulevard and also N. Kimball Avenue. The development will have four (4) access drives, two (2) onto Kirkwood Boulevard on the north and two (2) onto N. Kimball Avenue on the east. N. Kimball Avenue (73A) (between S.H. 114 & Kirkwood Boulevard) 24hr North Bound (6,385) South Bound (6,782) AM Peak AM (377) 11:45 AM –12:45 PM Peak AM (707) 7:15 – 8:15 AM PM Peak PM (701) 5:30 – 6:30 PM Peak PM (548) 3:45 – 4:45 PM Case No. Attachment B ZA15-058 Page 1 Kirkwood Boulevard (108) (between Blessed Way & N. Kimball Avenue) 24hr West Bound (647) East Bound (1294) AM Peak AM (110) 7:45 – 8:45 AM Peak AM (210) 10:45 – 11:45 AM PM Peak PM (98) 4:15 – 5:15 PM Peak PM (183) 3:45 – 4:45 PM Based on the 2015 City of Southlake Traffic Count Report * Traffic Impact AM-AM-PM-PM- Area Vtpd* IN OUT IN OUT Use Assisted Living (Lot 8) 22 Beds 52 2 1 3 4 Assisted Living (Lot 1) 65 Beds 154 6 2 8 12 General Office Building 11,737 351 16 2 3 15 (Existing) sq. ft. General Office Building 31,951 129 44 6 8 40 () sq. ft. Approved under ZA14-022 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 The proposed zoning change and site plan will have minimal impact on pre-assessed conditions. TREE PRESERVATION: No trees will be affected due to the proposed zoning change and site plan. UTILITIES: Water The site has access to an existing 12- inch water line along Kirkwood Boulevard. Sewer The site has access to an existing 12-inch sewer line along N. Kimball Avenue and a 15-inch sewer line along Kirkwood Boulevard. P&Z ACTION: August 6, 2015; Approved (6-0) subject to Site Plan Review Summary No. 2, dated July 29, 2015 and the Staff Report dated July 31, 2015; noting previously approved variance regarding lotting requirements will remain intact. st CITY COUNCIL ACTION: August 18, 2015, Approved 1 reading (7-0) on consent subject to Site Plan Review Summary No. 2, dated July 29, 2015 and the Staff Report dated August 11, 2015; noting that the previously approved variance regarding lotting requirements will remain intact. STAFF COMMENTS : Attached is Site Plan Review Summary No. 2, dated July 29, 2015. N:\\Community Development\\MEMO\\2015 Cases\\058 - ZSP - Silverado Southlake\\CC Packet 2nd rdg\\Item 6G.docx Case No. Attachment B ZA15-058 Page 1 Case No. Attachment B ZA15-058 Page 1 Plans and Support Information Approved Site Plan for Lot 1 (ZA12-064) Case No. Attachment C ZA15-058 Page 1 Approved Site Plan for Lot 8 (ZA14-021) Case No. Attachment C ZA15-058 Page 2 Proposed Site Plan indicating the location of the generator Proposed generator location * The proposed generator will be located behind the existing dumpster area. The applicant has indicated that the generator is 80 KW and will be screened with matching brick and stone as the existing dumpster area wall. Current photos of the existing dumpster area: Case No. Attachment C ZA15-058 Page 3 Approved Elevations Case No. Attachment C ZA15-058 Page 4 Approved Landscape Plan for Lot 1 Case No. Attachment C ZA15-058 Page 5 Approved Landscape Plan for Lot 8 Case No. Attachment C ZA15-058 Page 6 Development Standards SP-1 Zoning Silver Ridge Assisted Living to be known as Silverado – Southlake 5.234 acres PURPOSE The SP-1 Zoning for the original Silver Ridge Assisted Living was approved on September 4, 2012 and included 4.445 acres. On September 2, 2014, the SP-1 Zoning was amended to include additional regulations for a 9,546 square foot secure memory care facility located on Lot 8, resulting in the total SP-1 area for Silver Ridge as approximately 5.234 acres. The building approved on Lot 8 is for Alzheimer’s assisted living purposes and is a Type B licensed, secure memory care facility. It is similar in size and footprint as the existing memory care building that has been constructed as part of the original Silver Ridge. The memory care facility will have sufficient resident rooms to allow for approximately half to be private and half to be semi-private or shared. It will include a total of 14 rooms with 22 beds, two living room areas and a central dining area. Lots 1 and 8 are accessed via a mutual access easement rather than directly from a public or private street since it does not have direct frontage on Kirkwood. A variance has been approved to permit this type of access (Article VIII, Section 8.01). The purpose of the current zoning change and site plan request is to add ten (10) beds of assisted living (eight (8) additional beds in Building #1 and two (2) additional beds in Building #2) to the current approved SP-1 zoning for an overall total of 87 beds between the three (3) existing buildings and the approved building to be constructed on Lot 8. The request also includes adding a generator on Lot 1, situated behind the existing dumpster area as depicted on the proposed site plan. Both requests are related to an operational change to make the entire facility memory care. Five (5) parking spaces will also be added to the current 47 (+2) parking spaces through an official recorded cross parking agreement with the overall office complex. These five (5) spaces exist today and will not change or impact the current approved or proposed site plan. No other changes are being requested to either the Phase I or Phase II previously approved site plans or development regulations as follows: I. PERMITTED USES The following uses shall be permitted in the SP-1 Site Plan Zoning District for Silverado - Southlake: a. Housing facilities for the purposes of providing continual health and personal care for the elderly and persons with Alzheimer’s or other conditions; b. Private and semi-private residences; c. Dependent senior living facilities; d. Group dining facilities; e. Chapel and respite care. II. ACCESSORY USES In addition to the required amenities and permitted ancillary uses listed in City of Southlake Zoning Ordinance, Section 45.8, “Specific Regulations for Assisted Living Facilities”, the following accessory uses shall also be permitted by right in the SP-1 Site Plan Zoning District for Silverado - Southlake: a. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal use; b. Gazebos, arbors, pergolas, and trellises; c. Fountains, ponds, and ornamental pools; d. Breezeways and covered walkways; e. Exercise and recreation facilities; f. Outdoor gardens and greenhouses; g. Medical storage and on-site storage of records or file materials; Case No. Attachment C ZA15-058 Page 7 h. Barber and salon services for residents. III. DEVELOPMENT REGULATIONS In addition to the development regulations listed in the City of Southlake Zoning Ordinance, Section 45.8, “Specific Regulations for Assisted Living Facilities”, the following shall also apply in the SP-1 Site Plan Zoning District for Silverado – Southlake: a. Height: No building or structure shall exceed thirty-five (35) feet. b. Front Yard: There shall be a minimum front yard setback of thirty (30) feet. c. Side Yard: There shall be a minimum side yard setback of fifteen (15) feet. A side yard setback shall not be required between internal lot lines, which include the medical office uses to the north known as Kimball Lakes. d. Rear Yard: There shall be a minimum rear yard setback of twenty (20) feet. If abutting existing residential, the minimum rear yard setback shall be forty (40) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not to exceed forty (40) percent of the total overall SP-1 area, not individual lots. f. Lot Area: There shall be no minimum area for a lot. g. Floor Area: Except for the items specifically listed in Section 45.8 for assisted living facilities, there shall be no minimum floor area. h. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty (60) percent of the total overall SP-1 area, not individual lots. i. Open Space: The open space requirement shall be replaced by the Pedestrian-Oriented Open Space requirement listed in Section 45.8 and shall apply to the overall SP-1 area, not individual lots. j. Parking: The parking for Silverado – Southlake shall be based on the 47 existing spaces + 2 spaces previously approved through the reciprocal parking agreement with Kimball Lakes + 5 spaces proposed to also be utilized through the reciprocal parking agreement with Kimball Lakes. The required parking for the use of the property is 54 spaces and 54 spaces are being provided. IV. BUILDING MATERIALS a. Roofing material will be galvanized standing seam metal roofing b. Stone facade V. MISCELLANEOUS REQUIREMENTS a. A shared parking, cross-access and shared maintenance agreement is required and has been filed of record for all effected lots and a copy provided to the City. Required parking for all built uses shall be provided within the SP-1 boundaries for both Silverado - Southlake and Kimball Lakes, parking requirements for individual lots shall not apply. b. Monument signs may be permitted in the areas designated on the site plan. c. Solar panels shall be permitted and shall be required to face south and not be visible from the public right-of-way. d. The building footprints shown on the approved Site Plan may be altered and adjusted but may not be larger in size than what is shown on the approved Site Plan. e. The architectural style of Building #8 shall be compatible to and complimentary with the existing approved architectural style for Silver Ridge Phase I. f. Bufferyards shall only be required along the perimeter of the entire development and not along interior lot lines. e. A wrought iron fence will be constructed along the south as shown on the landscape plan. A cedar board on board fence will be constructed as shown on the landscape plan. The property owner owns the adjacent lot and would like the option to fence in a portion of it as shown on the plans. Case No. Attachment C ZA15-058 Page 8 RE: Project Narrative July 23, 2015 Mr. Ken Baker Director of Planning & Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Silver Ridge Assisted Living – Zoning Site Plan Application Letter of Intent ZA15-058 Mr. Baker: Please accept this letter, on behalf of Silverado, as an explanation of the proposed Zoning Site Plan application for approximately five acres of land generally located on the southwest corner of the intersection of Kirkwood Boulevard and Kimball Avenue, directly west of the Gateway Church campus. The development is an assisted living facility that provides continuing care for the elderly and includes specific care for those with Alzheimer’s. The project will be known as Silverado – Southlake. INTENT The purpose of the current zoning change and site plan request is to add ten (10) beds of assisted living (eight (8) additional beds in Building #1 and two (2) additional beds in Building #2) to the current approved SP-1 zoning for an overall total of 87 beds between the three (3) existing buildings and the approved building to be constructed on Lot 8. The request also includes adding a generator on Lot 1, situated behind the existing dumpster area as depicted on the proposed site plan. Both requests are related to an operational change to make the entire facility memory care. Five (5) parking spaces will also be added to the current 47 (+2) parking spaces through an official recorded cross parking agreement with the overall office complex. These five (5) spaces exist today and will not change or impact the current approved or proposed site plan. No other changes are being requested to either the Phase I or Phase II previously approved site plans. Building #1: Assisted Living Facility The main assisted living facility will maintain the small home-like environment. Resident rooms will have private baths, a nurse call system in each room and bathroom, Fios TV and internet, and a high-end custom finish out. It will include 24, type B licensed, assisted living rooms which have all been designed to take the residents and staff needs into consideration. There can be a total of 38 beds provided in the assisted living facility. All 38 beds will be licensed under TDADS as Memory Care. Building #2: Alzheimer’s Assisted Living (Memory Care) Silverado - Southlake Memory Care includes a Type B licensed, secure memory care facility. The memory care facility will have sufficient resident rooms to allow for approximately half to be private and half to be semi-private or shared. It will include a total of 14 rooms with 22 beds. Building #3: Respite Care and Chapel The third building on the site includes three separate rooms with a total of 5 beds, a private dining/quiet room with covered porch, a private living room, and a chapel for residents. These 3 units will be licensed under TDADS as Memory Care. Building #4: Alzheimer’s Assisted Living (Memory Care – zoned not constructed Phase II) Silverado - Southlake Memory Care II will include a Type B licensed, secure memory care facility. The memory care facility will have sufficient resident rooms to allow for approximately half to be private and half to be semi- private or shared. It will include a total of 14 rooms with 22 beds. Two living room areas will also be provided with a central dining area. The memory care facility will have a secured outdoor courtyard with walking paths to provide outdoor recreation for the residents. Case No. Attachment C ZA15-058 Page 9 DEVELOPMENT STANDARDS The City of Southlake also requires assisted living facilities to adhere to the specific use permit regulations. The approved development standards comply with this requirement and specifically state that they are in addition to the requirements listed in Section 45.8 of the Comprehensive Zoning Ordinance, titled “Specific Regulations for Assisted Living Facilities” and no changes other than the adding of the generator and related screening wall are being requested by the applicant. Thank you in advance for your consideration of this request. Please do not hesitate to contact me with any questions or comments regarding this application. Sincerely, Paul Mullin Vice President of Development Silverado Case No. Attachment C ZA15-058 Page 10 SITE PLAN REVIEW SUMMARY Case No.: ZA15-058 Review No.: Two Date of Review: 07/29/2015 Project Name: Silverado – Southlake APPLICANT: OWNER: Silverado Southlake, LLC Kimball Lakes III Southlake, LLC David Keener Paul Mullin 560 N. Kimball Ave., Ste. 130 640 Oak Canyon, Ste 200 Southlake, TX 76092 Irvine, CA 92679 Phone: (972) 342-7920 Phone: Email: davidkeener1@verizon.net Email: pmullin@silveradocare.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/29/2015 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 P: (817) 748-8069 E: lfletcher@ci.southlake.tx.us All previous Planning comments have been addressed. Tree Conservation/Landscape Review Keith Martin Landscape Administrator P: (817) 748-8229 E: kmartin@ci.southlake.tx.us No Comments based on submitted information. Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer P: (817) 748-8101 E: sanderson@ci.southlake.tx.us No Comments based on submitted information. Fire Department Review Kelly Clements Assistant Fire Marshal P: (817) 748-8671 E: kclements@ci.southlake.tx.us No Comments based on submitted information. Case No. Attachment D ZA15-058 Page 1 General Informational Comments * Staff strongly recommends contacting Pilar Schank in the City Manager’s Office to determine if a SPIN meeting would be beneficial to your application. Pilar can be contacted by phone at (817) 748-8006 or by e-mail at pschank@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * 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. 65 LDN D/FW Regional Airport OverlayZone * It appears that this property lies within the and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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 D ZA15-058 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Silverado – Southlake Owner Zoning Address Acreage Response 1. NR Kaufman, James C & Denise Hine SF1-A 625 BRIARWOOD DR 1.35 2. NR Ekstrom, Delton E SF1-A 650 CHERRY CT 0.99 3. NR Moss, Angelia J Etvir Jack A SF1-A 550 CHERRY LN 1.09 4. NR Harris, Kimberly Susan SF1-A 700 CHERRY CT 0.94 5. NR First Financial Trust & Asset MF1 675 CHERRY LN 0.98 6. NR Van Til, John J MF1 625 CHERRY LN 1.01 7. NR Halim, Emil A MF1 725 CHERRY CT 0.96 8. NR Gateway Church NRPUD 701 BLESSED WAY 34.29 9. NR Coty, Rita SF1-A 600 CHERRY LN 1.00 10. NR Mdp Southlake Llc SP2 470 N KIMBALL AVE 9.33 11. NR Vision Southlake Dev Llc SP2 572 N KIMBALL AVE 0.39 12. NR D2 Investments Inc TZD 2000 E KIRKWOOD BLVD 20.94 13. NR Kimball Road Lp I1 500 N KIMBALL AVE 1.61 14. NR Bell Mare Custom Homes Llc SP2 584 N KIMBALL AVE 0.47 15. NR Oncor Electric Delivery Co Llc CS 550 N KIMBALL AVE 2.55 16. NR Tdc Manaagement Llc SP2 560 N KIMBALL AVE 0.48 17. NR Vision Southlake Dev Llc SP1 630 N KIMBALL AVE 0.58 18. NR Lee, K Wayne SP2 566 N KIMBALL AVE 0.66 19. NR Lee, K Wayne SP2 578 N KIMBALL AVE 0.50 20. NR Vision Southlake Dev Llc SP1 600 N KIMBALL AVE 4.25 21. NR Vision Southlake Dev Llc SP2 590 N KIMBALL AVE 0.55 22. NR Bell Mare Custom Homes Llc SP2 596 N KIMBALL AVE 0.31 23. NR Vision Southlake Dev Llc SP1 2001 E KIRKWOOD BLVD 4.41 24. NR Vision Southlake Dev Llc SP1 620 N KIMBALL AVE 0.77 25. NR Mdp Southlake Llc SP2 400 N KIMBALL AVE 6.13 F: In Favor O: Opposed To U: Undecided NR: No Response Notifications Sent: Twenty-five (25) Responses Received: None (0) Case No. Attachment E ZA15-058 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-624c 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 1, SILVER RIDGE ADDITION PHASE I, AND LOT 8, SILVER RIDGE ADDITION PHASE III, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 5.234 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT FOR SILVERADO - SOUTHLAKE, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan 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 and types of signs and relation of signs to traffic Case No. Attachment F ZA15-058 Page 1 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 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. Case No. Attachment F ZA15-058 Page 2 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 1, Silver Ridge Addition Phase I, according to the plat filed as Instrument No. D213253918, Plat Records, Tarrant County, Texas, and Lot 8, Silver Ridge Addition Phase III, according to the plat filed as Instrument No. D215083782, Plat Records, Tarrant County, Texas, City of Southlake, Tarrant County, Texas being approximately 5.234 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan 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 August 18, 2015; st Approved at 1 reading on consent (7-0) subject to Site Plan Review Summary No. 2, dated July 29, 2015 and the staff report dated August 11, 2015, noting the previously approved variance regarding lotting requirements will remain intact. 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 F ZA15-058 Page 3 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 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 Case No. Attachment F ZA15-058 Page 4 required by law, and it is so ordained. stth PASSED AND APPROVED on the 1 reading the 18 day of August, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _____day of September, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ____________________________________ CITY ATTORNEY DATE: ______________________________ ADOPTED: __________________________ EFFECTIVE: _________________________ Case No. Attachment F ZA15-058 Page 5 EXHIBIT “A” Reserved for approved documents Case No. Attachment F ZA15-058 Page 6