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Item 6H Department of Planning & Development Services S T A F F R E P O R T August 25, 2015 CASE NO: ZA15-063 PROJECT: Watermere Medical Plaza EXECUTIVE SUMMARY: On behalf of the Vikram Capital, Ltd., Blake Architects is requesting approval of a Zoning Change and Site Plan for Watermere Medical Plaza from “S-P-1” Detailed Site Plan District with ‘O-1’ Office District uses to “S-P-1” Detailed Site Plan District with ‘O-1’ Office District uses to allow two existing parking spaces to remain that were required to be removed with the previous zoning change and site plan, remove two parking spaces at the southwest corner of the building and to increase the size of the generator enclosure to meet the operational needs of the ambulatory surgery center within the proposed building located at 2815 W. Southlake Boulevard. SPIN #11 REQUEST DETAILS: On behalf of the Vikram Capital, Ltd., Blake Architects is requesting approval of a Zoning Change and Site Plan from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District for an existing medical office development situated on a 3.02 acre site. The primary purpose of this request is to allow two existing parking spaces required to be removed to remain, to eliminate two proposed parking spaces on the southwest corner of Building ‘B”, and to increase the size of the proposed generator enclosure to accommodate the equipment required for the ambulatory surgery center proposed in Building ‘B’. The previous zoning change and revised site plan required the removal of two parking spaces along the south drive nearest Watermere Drive. These two spaces had already been constructed under the building permit associated with the original site plan for the property. The applicant is seeking to keep these two parking spaces and to remove two proposed parking spaces, not yet constructed, located near the southwest corner of the building to accommodate substantial grade changes next to the building. The southwest corner of the building where the two spaces are to be removed will be landscaped. The overall parking provided will remain as originally approved. The overall parking ratio will be one space per 180 square feet of floor area. The generator, located on the south side of Building ‘B’, was found not to be large enough for the equipment needed. The overall area of the yard will increase approximately 56 square feet. The generator yard will be screened with a six (6) foot high masonry wall and plant material. There are no other changes proposed to the existing ‘S-P-1’ zoning. The generator enclosure façade will be constructed of stone to match the building stone masonry. The proposed changes to the S-P-1 zoning are as follows: Case No. ZA15-063  Allow the two existing parking spaces to remain and remove the two proposed parking spaces at the southwest corner of Building ‘B’. At the December 2, 2014 meeting, City Council removed the 2 parking spaces, spaces 61 and 62 along the south drive, on the site plan reducing the total number of parking spaces to 143.  Allow the increase in the generator enclosure from the approved site plan from 16’-4”” by 18’-8” (305 sf) to 17’-2” by 21’-0” (360.6 sf) for a 55.6 sf increase in overall size.  All previously approved regulations, variances and stipulations regarding this site will remain in effect Site Data Summary Acreage 3.02 acres Existing Zoning S-P-1 Proposed Zoning S-P-1 Future Land Use Medium Density Residential Landscape Area (%) 39% Impervious Coverage (%) 60% Total Building Floor Area with 25,674 square feet approx. Porches 1, 112 sf Required/Provided Parking 143 spaces ACTION NEEDED:1) Conduct a Public Hearing nd 2) Consider 2 Reading Approval of proposed Zoning Change and Site Plan ATTACHMENTS:(A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) SPIN Meeting (E) Site Plan Review Summary No. 2, dated July 31, 2015 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-605c for Commission and Council Members Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA15-063 BACKGROUND INFORMATION OWNER: Vikram Capital, Ltd. APPLICANT: Blake Architects PROPERTY SITUATION: 2813 W. Southlake Blvd. LEGAL DESCRIPTION: Lot 1R, Block 2, Watermere at Southlake Addition LAND USE CATEGORY: Medium Density Residential District CURRENT ZONING: S-P-1” Detailed Site Plan District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: February 7, 2012; City Council approved the Zoning Change and Site Plan (ZA11-060) from “SF-1A” Single Family Residential District to “O-1” Office District for Watermere Medical Plaza to allow the development of two medical office buildings totaling approximately 26,000 square feet. Building “A” of the development has been constructed. The following variances were granted with the approval of that request; variance to the Zoning Ordinance, Screening and Fencing granted with the condition that an eight (8) foot fence be constructed if the property to the west develops as residential; variance to the Tree Preservation Ordinance, No. 585-D to allow the applicant to preserve approximately 42.1% of the existing tree cover where 50% is required; a variance to Overlay Zones into the residential adjacency setback; and a variance to the off-street parking requirement of 161 spaces, granting a 10% variance to allow 145 parking spaces. October 2, 2012; City Council approved a variance to the tree preservation ordinance to allow approximately 33% of the tree cover. In the original site plan several trees located adjacent to Building ‘A’ were designated to be saved, but upon completion of the final construction plans, it was determined that some of the trees near the foundation of the building, in the detention pond and in the area of the sidewalk along Watermere Drive could not be preserved. (Case ZA11-060). October 12, 2013; the building permit issued for Building ‘A’ June 3, 2014; City Council approved a Zoning Change and Site Plan from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow up to an 8,000 square foot ambulatory surgery center in Building ‘A’ as a permitted use, allow up to a 2,000 square foot compounding pharmacy on the site, and to allow the addition of the covered drop off and generator enclosure Building “A”. A parking ratio of one space per 179 square feet of floor area was approved with this zoning change. All previously approved variances were carried forward. (ZA14-035) November 18, 2014; Approved (6-0) on consent agenda. December 2, 2014; Approved (7-0) Ordinance No. 480-605b, also known as nd ZA14-125, on the 2 Reading for the Zoning Change and Site Plan; removing the ambulatory surgery center from Building ‘A’ and moving it to Case No. Attachment A ZA15-063 Page 1 Building ‘B’; including the generator enclosure as shown and the covered parking spaces; granting the variance to the building articulation to the south elevation; taking away two parking spaces (spaces 61 and 62 on the site plan); and including the Staff Report dated November 25, 2014. CITIZEN INPUT: There was a SPIN meeting held for the original 1.0 acre development on June 13, 2011. A copy of the report is located under Attachment ‘C’ of this report. SOUTHLAKE 2030 PLAN:Consolidated Land Use Plan The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. The current zoning district for this property was approved prior to adoption of the 2030 consolidated future land use plan. TRANSPORTATION ASSESSMENT:Master Thoroughfare Plan & Median Plan The Southlake 2030 Master Thoroughfare Plan recommends Southlake Boulevard to have 130’ of right-of-way. Adequate right-of-way exists is shown on the Site Plan. Existing Area Road Network and Conditions This location will have only have access to Southlake Boulevard from Watermere Drive and have both right and left turn ability. W. Southlake Boulevard (21) (between Pearson Lane & Davis Boulevard/Randol Mill Road) 24hr West Bound19,472East Bound18,893 () () AM 1,1032,020 Peak AM ()11:45 AM–12:45 PM Peak AM () 7:00 – 8:00 AM PM 2,1061,092 Peak PM () 5:30– 6:30 PM Peak PM () 4:45 – 5:45 PM Based on the 2013 City of Southlake Traffic Count Report * Traffic Impact Area VtpdAM-AM-PM-PM- Use (sq. ft.) * IN OUT IN OUT Medical-Dental Office Building (720) 26,000 940 51 14 26 71 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 WATER & SEWER: Water There is an existing 12” water line which runs adjacent to Southlake Boulevard and an existing 8” water line in Watermere Dr. that serve this development. Sewer There is an existing 8” sanitary sewer line in W. Southlake Blvd. and Watermere Dr. to serve this property. Case No. Attachment A ZA15-063 Page 2 TREE PRESERVATION: No additional trees will be removed with the proposed changes to the development. PLANNING AND ZONING COMMISSION: August 6, 2015; Approved (6-0); requiring that the 2 parking spaces along the south side of the building along the south drive be marked as reserved; subject to the Site Plan Review Summary No.2 dated July 31, 2015; and subject to the Staff Report dated July 31, 2015. st CITY COUNCIL: August 18, 2015; Approved (7-0) on the consent agenda for the 1 reading; subject to the Staff Report dated August 11, 2015 and Site Plan Review Summary No. 2 dated July 31, 2015. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated July 31, 2015. N:\\Community Development\\MEMO\\2015 Cases\\063 - SP – Watermere Medical Plaza\\Staff Report Case No. Attachment A ZA15-063 Page 3 Case No. Attachment B ZA15-063 Page 1 CURRENTLY APPROVED SITE PLAN (ZA14-125) Case No. Attachment C ZA15-063 Page 1 PROPOSED NARRATIVE Case No. Attachment C ZA15-063 Page 2 PROPOSED SITE PLAN Remove 2 proposed parking spaces Allow 2 existing parking spaces to remain Allow the increase in the size of generator enclosure Case No. Attachment C ZA15-063 Page 3 PROPOSED ELEVATION PROPOSED FLOOR PLAN WITH ENLARGED GENERATOR AREA Case No. Attachment C ZA15-063 Page 4 PROPOSED LANDSCAPE PLAN Case No. Attachment C ZA15-063 Page 5 SPIN MEETING REPORT CASE NO. ZA10-067 PROJECT NAME: Watermere Medical Plaza SPIN DISTRICT: SPIN # 11 MEETING DATE: June 13, 2011; 7 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A – 3B TOTAL ATTENDANCE: Four (4)  SPIN REPRESENTATIVE(S) PRESENT: Monique Schill (# 11)  APPLICANT(S) PRESENTING: Skip Blake, Blake Architects  STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Daniel Cortez, Planner I, (817)748-8070; dcortez@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation  The property is located at 2813 W. Southlake Boulevard; adjacent to the west side of Watermere Drive. Development Details  Blake Architects is requesting approval of a Zoning Change and Site Plan from “SF-1A” Single Family Residential Zoning District to “O-1” Office Zoning District. The proposal includes two one- story buildings, Building ‘A’ will be approximately 4,805 square feet in size and located towards the front of the lot adjacent to Southlake Boulevard, Building ‘B’ will be approximately 3,002 square feet in size and located towards the rear of the lot adjacent to the open space lot of the Watermere development. QUESTIONS / CONCERNS  No one attended the meeting aside from the applicants, SPIN rep and city staff. The meeting was adjourned at 7:15 p.m. 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 ZA15-063 Page 1 SITE PLAN REVIEW SUMMARY ZA15-063Two7/31/2015 Case No.: Review No.: Date of Review: Watermere Medical Plaza Project Name: APPLICANT: OWNER: Blake Architects Vikram Capital, Ltd. Roger “Skip” Blake Ved V. Aggarwal 1202 S. White Chapel Blvd., Ste. A 1804 Leeds Drive Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 488-9397 Phone: (972) 849-8216 Email: blakearch@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/29/2015 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 Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. Update the site data summery top reflect the proposed changes to parking required and provided (should be changed to reflect 143 spaces for the site) and the impervious coverage which would appear to be reduced by approximately 268 square feet with the reduction of 2 parking spaces and the 56 square foot increase in generator yard. 2. All development must comply with the underlying zoning district regulations for the “S-P-1” zoning district. The lot must comply with this district’s development regulations. Public Works/Engineering Review Steve Anderson, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us Case No. Attachment E ZA15-063 Page 1 GENERAL COMMENTS: No comments based on submitted information. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us LANDSCAPE COMMENTS: 1. The approved landscaping should not be effected by the proposed additions but please submit the Landscape Plan with the Site Plan submittal. * Indicates informational comment. # Indicates required items comment. Community Services Review Peter Kao Construction Manager 817-748-8607 E-mail : pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development. If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in a the amount of $2400 per gross acre x cres= $ will be required. Fees will be collected with the approved developer’s agreement or prior to any permit being issued. Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should provide 4ft+ concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right-Of-Way Requirements of the Subdivision Ordinance and all State of Texas accessibility requirements. Case No. Attachment E ZA15-063 Page 2 Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction. * 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. * 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. * Denotes Informational Comments Case No. Attachment E ZA15-063 Page 3 SURROUNDING PROPERTY OWNERS Watermere Medical Plaza SPO Owner Zoning Address Acreage Response # Hall, Jerry SF1-A 175 JELLICO CIR 1.82 F 1. Bethel Methodist Church N Tx SF1-A 180 JELLICO CIR 1.77 NR 2. Bethel Methodist Church N Tx SF1-A 190 JELLICO CIR 1.79 NR 3. Mds Remedies Llc O1 2840 W SOUTHLAKE BLVD 1.63 NR 4. Keller, Frank AG 2906 W SOUTHLAKE BLVD 1.22 NR 5. Keller, Frank AG 1.25 NR 6. SP2 2807 W SOUTHLAKE BLVD 0.07 NR 7. Southlake Watermark Holding Lp SP2 2801 W SOUTHLAKE BLVD 1.57 NR 8. Wsb Southlake Owner Vi Lp SP2 101 WATERMERE DR 3.14 NR 9. Southlake Watermark Holding Lp SP2 201 WATERMERE DR 2.95 NR 10. Southlake Watermark Holding Lp SP2 151 WATERMERE DR 1.09 NR 11. Smyth, Henry C Etux Monica SP2 301 WATERMERE DR 8.90 NR 12. Horn & Toad Properties AG 2835 W SOUTHLAKE BLVD 4.05 NR 13. Vikram Capital Ltd SP1 2813 W SOUTHLAKE BLVD 3.06 NR 14. Southlake Watermark Holding Lp SP2 200 WATERMERE DR 2.34 NR 15. Lakeside Presbyteran Church CS 2701 W SOUTHLAKE BLVD 7.43 NR 16. Smyth, Henry C Etux Monica SP2 300 WATERMERE DR 3.68 NR 17. Smyth, Henry C Etux Monica SP2 301 WATERMERE DR 6.37 NR 18. Smyth, Henry C Etux Monica SP2 301 WATERMERE DR NR 19. Crosser, Larry Etux Karen SP2 301 WATERMERE DR NR 20. Woodard, Carl D & Ruby K SP2 301 WATERMERE DR NR 21. Herdman, Louise B SP2 301 WATERMERE DR NR 22. Roberts, David Etux Sheryl SP2 301 WATERMERE DR NR 23. Jones, Don L Etux Dorothy H SP2 301 WATERMERE DR NR 24. Case No. Attachment F ZA15-063 Page 1 Twining, John D Etux Lynn SP2 301 WATERMERE DR NR 25. Sisco, William T SP2 301 WATERMERE DR NR 26. Bonner, Michael E Etux Janet K SP2 301 WATERMERE DR NR 27. Block, Daniel Etux Sharon SP2 301 WATERMERE DR NR 28. Wilson, Charles L Etux Lavonne SP2 301 WATERMERE DR NR 29. Wilson, Dwight L Etux Barbara SP2 301 WATERMERE DR NR 30. Feazell, Samuel Etux Pamela SP2 301 WATERMERE DR NR 31. R & P Nevada Trust SP2 301 WATERMERE DR NR 32. Wilson, Helen Z SP2 301 WATERMERE DR NR 33. Standbridge, Peter T Etux Jean SP2 301 WATERMERE DR NR 34. Rattarree, Lloyd W Jr Etux G G SP2 301 WATERMERE DR NR 35. Holley, Shirley C SP2 301 WATERMERE DR NR 36. Brian, Adrian Etux Florence SP2 301 WATERMERE DR NR 37. Wileman, Walter Etux Mary SP2 301 WATERMERE DR NR 38. Pendley, J Evelyn SP2 301 WATERMERE DR F 39. Simmons, J Scott SP2 301 WATERMERE DR NR 40. Forgan Living Trust SP2 301 WATERMERE DR NR 41. Ger/Dar Llc SP2 301 WATERMERE DR NR 42. Coffey, Howard J & Patricia B SP2 301 WATERMERE DR NR 43. Schmidt, R M SP2 301 WATERMERE DR NR 44. Parr, Jay C & Margene SP2 301 WATERMERE DR NR 45. Coffey, Patricia & Howard SP2 301 WATERMERE DR NR 46. Fry, Gloria J SP2 301 WATERMERE DR NR 47. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 48. Boehme, Jack Etux Verla SP2 301 WATERMERE DR NR 49. Gill, Lucille K Irrev Trust SP2 301 WATERMERE DR NR 50. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 51. Powell, Gerald L & Suzanne E SP2 301 WATERMERE DR NR 52. Irby, Earline D SP2 301 WATERMERE DR NR 53. Katen, Luella M Trust SP2 301 WATERMERE DR NR 54. Bouline, Patricia J SP2 301 WATERMERE DR NR 55. Miller, Jimmie P SP2 301 WATERMERE DR NR 56. Dickson, Sharon E SP2 301 WATERMERE DR NR 57. Goad, Doris J SP2 301 WATERMERE DR NR 58. Southlake Watermark Holdings L SP2 301 WATERMERE DR NR 59. Webb, L G SP2 301 WATERMERE DR NR 60. Frame, Lucile SP2 301 WATERMERE DR NR 61. Hottenstein, Mary Jo SP2 301 WATERMERE DR NR 62. Schultz, Blanche J SP2 301 WATERMERE DR NR 63. Scott, Virginia H SP2 301 WATERMERE DR NR 64. Jacobs, Wanda S SP2 301 WATERMERE DR NR 65. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 66. Gengler, Charles A Jr & Sandra SP2 301 WATERMERE DR NR 67. Robertson, Lula Marie SP2 301 WATERMERE DR NR 68. Mullelly, Virginia M SP2 301 WATERMERE DR NR 69. Case No. Attachment F ZA15-063 Page 2 Flynn, Joan E Tr SP2 301 WATERMERE DR NR 70. Schultz, Marilyn L SP2 301 WATERMERE DR NR 71. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 72. Miller, Fred J Jr Etux Betty SP2 301 WATERMERE DR NR 73. Corcoran, Anne Marie SP2 301 WATERMERE DR NR 74. Johnson, Gladys M SP2 301 WATERMERE DR NR 75. Hubbs, Patricia Lee SP2 301 WATERMERE DR NR 76. Contos, George & Carolyn V SP2 301 WATERMERE DR NR 77. Schmidt, Frederick R Etux M G SP2 301 WATERMERE DR NR 78. Draper, Florence Edith SP2 301 WATERMERE DR NR 79. Draper, Janith D SP2 301 WATERMERE DR NR 80. Sullivan, Patricia SP2 301 WATERMERE DR NR 81. Hoffman, Retha SP2 301 WATERMERE DR NR 82. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 83. Miller Family Trust SP2 301 WATERMERE DR NR 84. Marvel, Mary C SP2 301 WATERMERE DR NR 85. Thomas, William G SP2 301 WATERMERE DR NR 86. Ingram, Barbara Ann SP2 301 WATERMERE DR NR 87. Kehoe, Larry Etux Marlys SP2 301 WATERMERE DR NR 88. Eason, Larry D & Lequita Eason SP2 301 WATERMERE DR NR 89. Mayfield, Scott & Toni Etal SP2 301 WATERMERE DR NR 90. Morris, Peggy Lee SP2 301 WATERMERE DR NR 91. Kallas, Gregory & Gaye SP2 301 WATERMERE DR NR 92. Cary, Lois SP2 301 WATERMERE DR NR 93. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 94. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 95. Ferney, Stephen J Etux Sandra SP2 301 WATERMERE DR NR 96. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 97. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 98. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 99. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 100. Crandall, Carroll Jr & Doris T SP2 301 WATERMERE DR NR 101. Summers, John P & Wanda J SP2 301 WATERMERE DR NR 102. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 103. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 104. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 105. Edwards, John III Etux Barbara SP2 301 WATERMERE DR NR 106. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 107. Jeffery, Keith A & Stella Tr SP2 301 WATERMERE DR NR 108. Roxburgh, Greta M SP2 301 WATERMERE DR NR 109. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 110. Wells, Richard M Etux Marilyn SP2 301 WATERMERE DR NR 111. Hoffman, Richard & Janette SP2 301 WATERMERE DR NR 112. Keene, Leona C SP2 301 WATERMERE DR NR 113. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 114. Case No. Attachment F ZA15-063 Page 3 Golson, Robert B Etux Toni M SP2 301 WATERMERE DR NR 115. Arnold, Edward L Etux Nancy D SP2 301 WATERMERE DR NR 116. Barnes, James R Etux Judy SP2 301 WATERMERE DR NR 117. Murray, Roy L Etux Carol J SP2 301 WATERMERE DR NR 118. Sivas, Patricia A SP2 301 WATERMERE DR NR 119. Baum, Evelyn SP2 301 WATERMERE DR NR 120. Moranville, Ronald Etux Janet SP2 301 WATERMERE DR NR 121. East Village Holdings Llc SP2 301 WATERMERE DR NR 122. Fukunaga, Gen & Cindy F SP2 301 WATERMERE DR NR 123. Phelps Marital Trust SP2 301 WATERMERE DR NR 124. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 125. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 126. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 127. East Village Holdings Llc SP2 301 WATERMERE DR NR 128. Sewell, Kenneth W & Wanda D SP2 301 WATERMERE DR F 129. East Village Holdings Llc SP2 301 WATERMERE DR NR 130. East Village Holdings Llc SP2 301 WATERMERE DR NR 131. Sterling, Donald E Etux Sandra SP2 301 WATERMERE DR NR 132. Ohmstede, Roger A & Sandra E SP2 301 WATERMERE DR NR 133. East Village Holdings Llc SP2 301 WATERMERE DR NR 134. East Village Holdings Llc SP2 301 WATERMERE DR NR 135. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 136. Wsb Southlake Owner Vi Lp SP2 301 WATERMERE DR NR 137. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 138. Keller Watermere Lp SP2 301 WATERMERE DR NR 139. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 140. Vikram Capital Ltd SP2 301 WATERMERE DR NR 141. Southlake Watermark Holding Lp SP2 301 WATERMERE DR NR 142. Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent:One hundred (100) Responses Received: In Favor: 3 Opposed: 0 No Response: 97 Case No. Attachment F ZA15-063 Page 4 Responses Case No. Attachment G ZA15-063 Page 1 Case No. Attachment G ZA15-063 Page 2 Case No. Attachment G ZA15-063 Page 3 ORDINANCE NO. 480-605c 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 1R, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.01 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AMBULATORY SURGERY CENTER AND COMPOUNDING PHARMACY AS PERMITTED USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AMBULATORY SURGERY CENTER AND COMPOUNDING PHARMACY AS PERMITTED USES AND 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 Case No. Attachment G ZA15-063 Page 1 public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned “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 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 Case No. Attachment G ZA15-063 Page 2 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: Case No. Attachment G ZA15-063 Page 3 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 1R, Block 2, Watermere At Southlake Addition, Southlake, Tarrant County, Texas, being approximately 3.01 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with “O-1” Office District Uses, Ambulatory Surgery Center and Compounding Pharmacy to “S-P-1” Detailed Site Plan District with “O-1” Office District Uses, Ambulatory Surgery Center and Compounding Pharmacy as permitted uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions from the previous zoning approvals:  Removing the ambulatory surgery center from Building ‘A’ and moving it to Building ‘B’  Including the generator enclosure as shown (presentation shown on December 2, 2014) and the covered parking spaces  Granting the variance to the building articulation to the south elevation;  Taking away two parking spaces (spaces 61 and 62 on the site plan)  And subject to the Staff Report dated November 25, 2014 and Site Plan Review Summary No. 2 dated October 31, 2014. 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 Case No. Attachment G ZA15-063 Page 4 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. Case No. Attachment G ZA15-063 Page 5 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 or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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 Case No. Attachment G ZA15-063 Page 6 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. stth PASSED AND APPROVED on the 1 reading of the 18 day of August, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading of the 1st day of September, 2015. _______________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ Case No. Attachment G ZA15-063 Page 7 EFFECTIVE: ______________________ Case No. Attachment G ZA15-063 Page 8 EXHIBIT “A” Being described as Lot 1R, Block 2, Watermere at Southlake Addition, an addition to the City of Southlake, Tarrant County, Texas being approximately 3.01 acres according to the plat recorded in Tarrant County records under Instrument No. 212233772. Case No. Attachment G ZA15-063 Page 9 EXHIBIT “B” Site Plan Approved December 2, 2014 To be removed per City Council’s motion (2 spaces) Uses:  All uses allowed in the O-1’ Office District  Allow up to a 9,000 sf ambulatory surgery center as a permitted use in Building ‘B’  Allow a compound pharmacy up to 2,000 sf as a use  Allow the required covered drop-off and pick-up parking spaces as a permitted use in Building ‘B’  Allow the required generator to be located at Building ‘B’ as a permitted use Regulations:  Variance to the Zoning Ordinance, Section 39.6(a)/39.2(b) for screening and fencing of the western boundary of the property and not require an 8-ft. fence; however, reserve the right to have the 8-ft. fence put into place in accordance with the zoning in the event the property to the west is developed residentially;  Variance to the Tree Preservation Ordinance No. 585-D; allowing the applicant to preserve approximately 33% of the trees;  Variance to the Zoning Ordinance, Section 43.13.8 for Overlay Zones to allow to encroachment into the residential adjacency setback;  Parking ratio to be 1 space per 177 sf  noting the additional uses for up to 2,000 square feet for a compounding pharmacy and up to 9,000 square feet for an ambulatory surgery center located in Building ‘B’  noting that the awning (canopy structure) required by the State will be of the same building materials as noted in the existing building  also noting that all prior approvals, variances, and stipulations regarding this site will remain in effect  allow the vertical and horizontal articulation on the south façade of Building “B” as shown on the site plan and elevation