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Item 6D Department of Planning & Development Services S T A F F R E P O R T January 12, 2016 CASE NO: ZA15-097 PROJECT: Zoning Change and Concept Plan for Pecan Creek Offices EXECUTIVE SUMMARY: On behalf of the Devane Clarke Partnership, Ltd., Blake Architects is requesting nd approval on 2 reading of a Zoning Change and Concept Plan for Pecan Creek Offices on property described as Lot 4, Block 1, Pecan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 731 Zena Rucker Rd., Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. Requested Zoning: “S-P-2"” Generalized Site Plan District. SPIN Neighborhood # 9. REQUEST DETAILS: Blake Architects is requesting approval of a Zoning Change and Concept Plan from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with O-1 Office District Uses to develop three one-story office buildings totaling approximately 17,360 square feet and one open space lot on approximately 2.25 acres. Each building is proposed to be on a separate lot, so the buildings may be constructed at the same time or separately. The lots will share common driveways and parking by way of a cross access, reciprocal parking and maintenance agreement. All of the buildings will use one trash receptacle that is shown on the proposed Lot 4. Since the request is for a Zoning Change and Concept Plan only, a Site Plan for that conforms to the approved S-P-2 zoning district must be approved by City Council following a recommendation by the Planning and Zoning Commission prior to the issuance of any building permits. If the lots are developed individually, a Site Plan must be approved for each of the buildings. The Site Plan approval will include elevations, a color-coded landscape plan and any other exhibits required for Site Plan approval. If the property is to be subdivided as shown, a Plat Revision that conforms to the approved S-P-2 zoning district zoning must also be processed and recorded with the County. nd The City Council tabled the item at 2 reading at their January 5, 2016 meeting to the January 19, 2016 meeting subject to the applicant submitting the requested revised Site Plan and a Landscape Plan in time for the City Council packet. The following revisions were made to the plans at City Council’s request. Case No. ZA15-097 nd Council stipulation at 2 Applicant’s response reading The applicant will revise the The Site Plan has been revised to show the trash Site Plan to relocate the trash enclosure relocated to the south end of the east enclosure to the southern driveway. The S-P-2 regulations have been portion of the property away revised to remove language allowing the trash from the street. enclosure to be located forward for the principal building and to add language to allow the trash enclosure to be located in the bufferyard. The applicant will provide a A Landscape Plan of the area between the landscape plan between the parking lot and Zena Rucker Rd. has been front parking lot and Zena provided. A 5’ Type “A” bufferyard is required Rucker Rd. along Zena Rucker Rd. per the Zoning Ordinance and a 15’ Type “Q” bufferyard has been provided. Also, the individual species of the plantings have been identified and the sizes of the trees have been labeled. VARIANCE REQUEST: Subdivision Ordinance No. 483, as amended, Section 8.01(D) requires that all side lot lines be perpendicular to the right of way lines or radial in the case of a cul-de- sac or curvilinear design. The applicant is requesting a variance to allow the lot lines as shown in order to provide the required number of parking on a lot by lot basis. ACTION NEEDED: 1) Conduct a public hearing nd 2) Consider 2 reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Concept Plan Review Summary No. 4, dated January 11, 2016 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-706 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA15-097 BACKGROUND INFORMATION OWNER: Devane Clarke Partnership, Ltd. APPLICANT: Blake Architects PROPERTY SITUATION: 731 Zena Rucker Rd. LEGAL DESCRIPTION: Lot 4, Block 1, Pecan Creek Addition LAND USE CATEGORY: Office Commercial / 100-Year Flood Plain CURRENT ZONING: “S-P-2” Generalized Site Plan Zoning District PROPOSED ZONING: “S-P-2” Generalized Site Plan Zoning District HISTORY: - July 3, 1979 City Council approved a Plat Showing for two lots on 25 acres of land. - February 22, 1984 City Council approved a Plat Revision for a subdivision of Lot 2 into three lots. - On October 2, 2001 City Council approved a Zoning Change and Planning Case ZA01-077 Concept Plan for this location under . Under the approval for this case the following conditions were placed on this lot: providing a 20’ bufferyard with evergreen plant material adjacent to school property; accommodating an east-west access road in the design; no 2 story buildings permitted on the two south lots; and requiring pitched roof residential style construction on the south two lots. The applicant has indicated to staff compliance with these conditions and will provide additional materials when requesting a Site Plan approval from City Council. - A Plat Vacation of the Dilg Addition was approved by City Council on Planning Case ZA02-054 January 7, 2003 under . - On January 7, 2003 City Council approved a Preliminary Plat for Pecan Planning Case ZA02-052 Creek under for the subdividing of the Dilg Place Subdivision. - On January 9, 2003 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA02-053 to begin construction of two commercial/retail buildings on two lots. - On January 17, 2003 the Planning & Zoning Commission approved a Planning Case ZA03-049 Final Plat under in order to obtain a building permit for the construction of a medical office building on Lot 3, Block 1 of Pecan Creek. - On January 4, 2005 the City Council approved a revised Development Planning Case ZA04-063 Plan under to designate the alignment for an approximate 500 feet section of Zena Rucker Road that will extend east from Byron Nelson Parkway. - On August 2, 2005 the City Council approved a Plat Revision for Pecan Planning Case ZA05-044 Creek under to create lots for general/medical office construction and to dedicate the right-of-way for Zena Rucker Road through the Pecan Creek development. - On September 20, 2005 a Zoning Change and Site Plan were approved Planning Case ZA05- on Lot 2 of the Pecan Creek Development under 050 for the construction of a medical office building (Baylor Family Case No. Attachment A ZA15-097 Page 3 Health Center at Southlake). - On January 18, 2011 a Zoning Change and Concept Plan from “O-1” Office Zoning District to “S-P-2” Generalized Site Plan Zoning District Planning Case ZA10-039 was approved under to establish office uses under the “O-1” zoning district and a daycare/ Montessori School with a private “K” program in one building approximately 18,975 square feet in size with the Montessori School use, medical use and general office uses permitted. CITIZEN INPUT: A SPIN meeting was not held for this project. SOUTHLAKE 2030 PLAN: Consolidated Land Use Plan The Southlake 2030 Comprehensive Plan designates this site as Office Commercial The type of development being proposed at this location is consistent with the Land Use Plan. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Zena Rucker Rd. to be a two-lane undivided collector 60’ of right of way. Adequate right of way has previously been dedicated. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an 8’ multi-use trail along the south side of Zena Rucker Rd. and extending south from the east property line of the lot. The existing 8’ trail is shown along Zena Rucker Rd. Show and label the existing sidewalk/trail along the east property line on the Concept Plan with the width and type of surface. TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The development shows two driveways onto Zena Rucker Rd. Zena is currently a two- lane undivided collector adjacent to the site. No traffic counts are available for this section of Zena Rucker Rd. Traffic Impact Floor AM-AM-PM-PM- Use Vtpd* Area IN OUT IN OUT General Office Building (710) 17,360 191 24 3 4 21 Vehicle Trips Per Day * * AM-In, AM-Out, PM-In and PM-Out are peak hour of generator on a weekday th * Based on the ITE: Trip Generation Manual, 7 Edition WATER & SEWER: Water There is an existing 8” water line on the north side of Zena Rucker Road that will serve this development. Sewer There are existing 8” and 10” sanitary sewer lines adjacent to this property that the applicant can tap into for service. TREE PRESERVATION: There is approximately .05% existing tree cover on the site. If the case was a request for a straight zoning change, 70% of the existing canopy would be Case No. Attachment A ZA15-097 Page 4 required to be preserved. For property sought to be zoned, S-P-2 Generalized Site Plan District, the City Council shall consider the application for a Tree Conservation Analysis or Plan in conjunction with the corresponding development application. The applicant is proposing to preserve approximately 37.5% of the existing tree cover. PLANNING AND ZONING COMMISSION ACTION: November 5, 2015; a motion to table this item to the November 19, 2015 meeting was approved (4-0). November 19, 2015; approved (7-0) subject to the staff report dated November 13, 2015, also subject to the Concept Plan Review Summary No. 3 dated November 13, 2015 and specifically approving the variance request as noted in the staff report. st CITY COUNCIL ACTION: December 1, 2015; approved at 1 reading (7-0) subject to the staff report dated November 23, 2015, and Concept Plan Review Summary No. 3 dated November 13, 2015, granting the following variance - that lot lines as shown in the packet materials are approved in order to provide required parking on a lot by lot basis and noting approval of the S-P-2 regulations and building concepts as presented, also noting the applicant’s agreement to fully complete the main circular drive and the corresponding landscaping during the initial construction phase, noting that Council expects the architectural style demonstrated in tonight’s photos to be consistent with the future site plan renderings, noting that staff will contact Waste Services to explore possibilities for dumpster location based on what their requirements are and be able to report that back at second reading, noting the applicant’s willingness at second reading to provide a landscape plan between the front parking and Zena Rucker Rd., noting the property owners or the designated property owner’s association is responsible for property and pond maintenance and noting that all HVAC and electrical equipment will be installed on the south side of the property with full landscape screening. January 5, 2016; A motion to table the item to the January 19, 2016 City Council meeting if the requested materials are submitted in time was approved (7-0). STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated January 11, 2016. The criteria for granting a variance to the requirements the Subdivision Ordinance are below: Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. Case No. Attachment A ZA15-097 Page 5 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which specifically apply to Planned Unit Development. Case No. Attachment A ZA15-097 Page 6 Case No. Attachment B ZA15-097 Page 1 Plans and Support Information – Link to PowerPoint S-P-2 Regulations January 11. 2016 Case Number ZA15-097 Pecan Creek Offices 731 Zena Rucker Road Southlake, Texas Blake Architects Job #1545 Written Narrative The scope of work for this project proposes (4) individual lots. Lot One is defined as an Open Space Lot and contains an existing drainage and detention pond. This retention pond will contain a Scott Aerator DA-20 and North Star 3HP display aerator fountain with floating platform, self contained pump assembly and wire basket (or equal). Lots 2,3 and 4 of the proposed Lots are Pad Sites for one-story Office Buildings. The Development works as One Master Plan with over 50% landscape for the entire Development and ten foot bufferyards around all four sides. These buildings are to be operated during typical office hours. An Open Space Management Plan would require that all Three Lots with buildings be responsible for maintenance of the Drainage Areas, Landscaping and shared Parking and Drives. All three buildings can be built at one time or at three different times with different owners. These buildings shall be built on engineered concrete foundation, wood framed with a masonry veneer. S-P-2 Regulations: All uses and regulations shall be based upon O-1 Zoning regulations with the following exceptions: a. Side Setbacks: 5’ on the east side of Lot 2, all other side setbacks shall be 15’. b.Front Setback: 30’. c.Rear Setback: 15’. d.Bufferyards are not required along interior property lines. e.Front Bufferyard shall be a Type “Q” 15 feet. ( This increases the required amount of landscaping per 100 feet from 1 to 2 Canopy Trees, from 2 to 3 Accent Trees, and from 8 shrubs to 10 shrubs.) f.Impervious coverage will not be met on a single lot basis but will met by the development of the 4 lots as a whole. Case No. Attachment C ZA15-097 Page 1 g.Parking is based upon 1 space per 300 square feet of General Office Buildings and 1 space per 150 square feet of Medical Office Building. (In order for Medical Office use to occur the Building size would be reduced to meet the parking ratio available at the 1 parking space allowed to 150 square feet of building.) h.On-site trash receptacle shall be permitted to be located on the site forward of the principal building on the lot. The Dumpster enclosure shall be located in the rear (south) Landscape Bufferyard area. i.The retention pond will contain a Scott Aerator DA-20 and North Star 3HP display aerator fountain with floating platform, self contained pump assembly and wire basket (or equal). Case No. Attachment C ZA15-097 Page 2 Case No. Attachment C ZA15-097 Page 3 Case No. Attachment C ZA15-097 Page 4 st Concept Plan at 1 reading Revised Concept Plan at January 5, 2016 meeting Case No. Attachment C ZA15-097 Page 5 Revised Concept Plan for January 19, 2016 meeting Landscape Plan for January 19, 2016 meeting Case No. Attachment C ZA15-097 Page 6 Tree Conservation Plan Case No. Attachment C ZA15-097 Page 7 Example of Architecture and Materials (Existing Building at 601 Zena Rucker Rd.) Case No. Attachment C ZA15-097 Page 8 Case No. Attachment C ZA15-097 Page 9 Aerator Spec Sheets Case No. Attachment C ZA15-097 Page 10 Case No. Attachment C ZA15-097 Page 11 CONCEPT PLAN REVIEW SUMMARY . ZA15-097Four01/11/16 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Pecan Creek Offices APPLICANT: Skip Blake OWNER: The Devane Clarke Partnership, Ltd. Blake Architects Cary Clarke 1202 S. White Chapel. Blvd., Suite A P. O. Box 93868 Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 488-9397 Phone: (817) 480-9904 E-mail: blakearch@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/08/16 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. 1. A Plat Revision that conforms to the approved S-P-2 zoning district zoning must be processed and recorded with the County and a Site Plan must be approved by City Council following a recommendation by the Planning and Zoning Commission prior to the issuance of any building permits. 2. Subdivision Ordinance No. 483, as amended, Section 8.01(D) requires that all side lot lines be perpendicular to the right of way lines or radial in the case of a cul-de-sac or curvilinear design. The applicant is requesting a variance to allow the lot lines as shown in order to provide the required number of parking on a lot by lot basis. Please add a variance request to the S-P-2 letter in a separate section for variances. 3. Please show the side yard setback lines for all interior lot boundaries. 4. Please show the correct zoning and property boundaries for the properties to the east. There is a strip of property immediately adjacent to the subject property with “S-P-1” Detailed Site Plan District zoning and on the other side of that is the recently approved Matthews Court “R-PUD” Residential Planned Unit Development District. 5. Please make the following changes with regard to easements: a. Show, label and dimension the width of any easements on or adjacent to the site. Label the existing drainage and detention easement and reference the plat filed in Cabinet A, Slides 10956 and 10957, Plat Records, Tarrant County, Texas. b. Please also add the plat reference to the 20’ pedestrian access easement along the east property line. 6. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. 7. Show the location, type, and height of all walls, fences, and screening devices, if any. Note whether existing or proposed. Case No. Attachment D ZA15-097 Page 1 8. The property is in the Residential Overlay Zone and must comply with all requirements of Zoning Ordinance No. 480, Section 43.III. a. Elevation plans with dimensions showing building height, wall height, wall lengths, dimensions of horizontal and vertical articulation, and the type of exterior construction material will be required with the Site Plan. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.III is required on the proposed buildings. Horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.III is required on all facades. The footprint of the buildings may have to change to meet the horizontal articulation depending on the wall height. b. Section 43.13(a)7 requires trash receptacle enclosures to be located to the side or rear of the principal building. Please relocate the trash receptacle enclosure to comply with the requirement or add an S-P-2 regulation to request to allow the receptacle enclosure as shown on the Concept Plan. 9. The elevations submitted with the Site Plan application must substantially conform to the conceptual architectural style approved with the S-P-2 zoning. 10. An Open Space Management Plan meeting the requirements below (Ord. No. 480, Section 33.20) is required with all requests proposing common open space. Please address the bolded items in the open space management plan. OPEN SPACE MANAGEMENT PLANS – For all development proposing any private or public open space, an open space management plan is required that: Generally describes or illustrates intended uses of the open space, such as natural 1. vegetation preservation areas, gardens, trails, playgrounds, and/or other facilities; 2. Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; 3. Provides an estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and an outline showing the means by which such funding will be obtained or provided; Provides that any changes to the plan be approved by the City Council; 4. 5. Provides for enforcement of the plan; and 6. Provides that, in the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowner’s Association, or to the individual property owners that make up the Homeowner’s Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. (As amended by Ordinance No. 480-FFFF) Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Case No. Attachment D ZA15-097 Page 2 * There is approximately .05% existing tree cover on the site. The applicant is proposing to preserve approximately 37.5% of the existing tree cover. For property sought to be zoned, S-P-2 Generalized Site Plan District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so 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. If the case was a request for a straight zoning change, 70% of the existing canopy would be required to be preserved. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 2. The required interior landscape area is incorrect. 50% of the proposed building’s square footage is 8,680 square feet, not 12,874 square feet. Make the appropriate corrections to the submitted plans. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment D ZA15-097 Page 3 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Provide preliminary water, sewer, drainage and grading plans for this development. 3. Provide Traffic Impact Analysis threshold worksheet including calculations and site plan. * 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, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Verify if easement of 8” sanitary sewer line located at the northwest corner of the property is in an easement and show existing sanitary sewer easement on site plan. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SEWER COMMENTS: 3. Minimum sizes for water and sewer line lines are 8”. 4. Verify the location of existing 8” waterline stubbed out and loop the water line system through the site. 5. Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non- sprinkled buildings or 600’ for sprinkled buildings. 6. Extend sanitary sewer to the eastern property line and provide sewer stub to adjacent property. * Water and sewer lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. * Water lines and sanitary sewer in easements or right of way shall be constructed to City standards. Case No. Attachment D ZA15-097 Page 4 DRAINAGE COMMENTS: 1. Differences between pre- and post- development runoff shall be captured in detention pond. Provide documentation supporting that existing detention pond was designed for fully developed flows from this site. 2. Property drains into a Critical Drainage Structure #23 and requires a fee to be paid prior to beginning construction ($309.83/Acre). * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * 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 * 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. * New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and SWPPP shall be submitted by second review of the civil construction removal of controls. plans. * NEW REQUIREMENT: Submit with Civil Construction Plans shall now require a Retaining Wall Layout sheet. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A 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 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 Case No. Attachment D ZA15-097 Page 5 Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Hydrants required at a maximum spacing of 300 feet for commercial locations that contain un-sprinkled buildings. (No fire hydrants indicated on plans) 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) All commercial buildings are required to have Knox Box rapid entry systems installed. Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal’s Office. Community Service/Parks Department Review Peter Kao Construction Manager 817-748-8607 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 the amount of $2400 per gross acre x 2.25 acres= $5400.00 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. Other informational comments? General Informational Comments * Staff strongly recommends contacting Pilar Schank in the City Manager’s Office to set up a SPIN meeting. The SPIN meeting should be held prior to the first public hearing at the Planning Case No. Attachment D ZA15-097 Page 6 and Zoning Commission. Pilar can be contacted by phone at (817) 748-8006 or by e-mail at pschank@ci.southlake.tx.us * 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. * 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. * A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment Case No. Attachment D ZA15-097 Page 7 Surrounding Property Owners Pecan Creek Offices SPO Owner Zoning Physical Address Acreage Response # HCP CRS2 LTACH-BAYLOR NR 1. SOUTHLAK SP1 731 E SOUTHLAKE BLVD 4.52 2. PECAN CREEK SHOP CNTR DALLAS SP1 711 E SOUTHLAKE BLVD 1.84 NR 3. RCCK ENTERPRISES LLC O1 200 PECAN CREEK DR 0.91 NR 4. LS SOUTHLAKE LLC RPUD 600 ZENA RUCKER RD 0.99 NR 5. MILILANI INV ZENA LLC RPUD 601 ZENA RUCKER RD 1.07 NR 6. CARROLL, ISD RPUD 301 BYRON NELSON PKWY 15.83 NR 7. DEVANE CLARKE PARTNERSHIP LTD SP2 731 ZENA RUCKER RD 2.30 NR 8. LANDLOCK LLC AG 851 E SOUTHLAKE BLVD 3.88 NR 9. NOORNEEL LLC SP1 751 E SOUTHLAKE BLVD 1.88 F 10.BILLY WAYNE & CAROLYN JEAN HAY AG 807 E SOUTHLAKE BLVD 2.95 NR 11.RUCKER, ZENA SULLIVAN SP2 805 E SOUTHLAKE BLVD 0.93 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eleven (11) Case No. Attachment E ZA15-097 Page 1 Responses Received: One (1) – Attached Case No. Attachment E ZA15-097 Page 2 Surrounding Property Owner Responses Case No. Attachment E ZA15-097 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-706 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT 4, BLOCK 1, PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.25 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN ZONING DISTRICT TO “S-P-2” GENERALIZED SITE PLAN ZONING DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan Zoning District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA15-097 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which Case No. Attachment F ZA15-097 Page 2 existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 4, Block 1, Pecan Creek Addition, Southlake, Tarrant County, Texas, being approximately 2.25 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan Zoning District, to “S- Case No. Attachment F ZA15-097 Page 3 P-2” Generalized Site Plan Zoning District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Case No. Attachment F ZA15-097 Page 4 S-P-2 Regulations Case No. Attachment F ZA15-097 Page 5 Case No. Attachment F ZA15-097 Page 6 st City Council motion at 1 reading: December 1, 2015; approved (7-0) subject to the staff report dated November 23, 2015, and Concept Plan Review Summary No. 3 dated November 13, 2015, granting the following variance - that lot lines as shown in the packet materials are approved in order to provide parking on a lot by lot basis and noting approval of the S-P-2 regulations and building concepts as presented, also noting the applicant’s agreement to fully complete the main circular drive and the corresponding landscaping during the initial construction phase, noting that Council expects the architectural style demonstrated in tonight’s photos to be consistent with the future site plan renderings, noting that staff will contact Waste Services to explore possibilities for dumpster location based on what their requirements are and be able to report that back at second reading, noting the applicant’s willingness at second reading to provide a landscape plan between the front parking and Zena Rucker Rd., noting the property owners or the designated property owner’s association is responsible for property and pond maintenance and noting that all HVAC and electrical equipment will be installed on the south side of the property with full landscape screening. 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; Case No. Attachment F ZA15-097 Page 7 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 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 Case No. Attachment F ZA15-097 Page 8 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. st PASSED AND APPROVED on the 1st reading the 1 day of December, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA15-097 Page 9 PASSED AND APPROVED on the 2nd reading the ______day of_____, 2016. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment F ZA15-097 Page 10 EXHIBIT “A” Lot 4, Block 1, Pecan Creek an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slides 10956 and 10957 on March 24, 2006 at the plat records of Tarrant County, Texas. Case No. Attachment F ZA15-097 Page 11 EXHIBIT “B” Reserved for approved Concept Plan Case No. Attachment F ZA15-097 Page 12