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Item 7ACase No. ZA15-111 S T A F F R E P O R T April 12, 2016 CASE NO: ZA15-111 PROJECT: Zoning Change & Site Plan for Brad Moss Dental Office EXECUTIVE SUMMARY: On behalf of Dr. Richard B. & Polly Moss, GCA, Inc. is requesting approval of a Zoning Change and Site Plan for Brad Moss Dental Office on property described as Lots 9 and 10, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1011 N. Carroll Avenue and 1170 Casey Court, Southlake, Texas. Current Zoning: “C-1” Neighborhood Commercial District and “AG” Agricultural District. Requested Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood # 3. REQUEST: GCA, Inc. is requesting approval of a Zoning Change and Site Plan from “C-1” Neighborhood Commercial District and “AG” Agricultural District to “S-P-1” Detailed Site Plan District to allow expansion of an existing dental office building and add off-street parking spaces to the site. Currently, the Brad Moss Dental Office building is approximately 1,296 square feet and is located exclusively on Lot 10, Oaks Addition, being approximately 0.38 acres and has a “C-1” Neighborhood Commercial District zoning designation. The adjacent property to the east, known as Lot 9, Oaks Addition, and being approximately 0.32 acres, has never been developed and currently has an “AG” Agricultural District zoning designation. The purpose of this request is to merge the two lots and re-zone as “S-P-1” Detailed Site Plan District with “C-1” Neighborhood Commercial District uses in order to accommodate an expansion of the existing building by approximately 1,768 square feet (total building area as proposed is ±3,129 square feet) and to reconfigure existing parking and add 15 spaces to accommodate the site. The proposed “S-P-1” Detailed Site Plan District with “C-1” Neighborhood Commercial District uses includes zoning regulations that will accommodate the proposed improvements as well as allow for some of the existing conditions to remain. The proposed “S-P-1” zoning regulations can be found in Attachment ‘C’ page 4 of this report. There is an existing 85 square foot storage building located on the northeast corner of Lot 10. It is shown on the proposed site plan to be relocated behind the new expansion area. The applicant is requesting the storage shed be allowed to remain until the expansion construction is completed. The storage building is intended to be used temporarily to store files during construction. Department of Planning & Development Services Case No. ZA15-111 An amended plat for the proposed Lot 10-R will be required prior to the issuing of any building permits. Zoning Comparison Chart Component Required under C-1 / Residential Adjacency / SH114 Corridor Overlay Proposed S-P-1 Trash Receptacle Trash receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum eight-foot solid masonry screen and shall utilize similar masonry materials to the building façade. On-street trash collection shall be permitted; trash receptacle with 4 foot board on board screening to match the north and east perimeter fencing shall be allowed as shown on the site plan. Horizontal Articulation No building façade shall extend greater than three (3) times the wall’s height without having a minimum off- set of 15% of the wall’s height. The maximum length allowed is 24 feet. The existing west and south facades of the building shall be allowed to remain as proposed. The west elevation shows an existing portion of the building façade length at approximately 25 feet 3 inches and the south elevation shows an existing portion of the building façade length at approximately 24 feet 10 inches. Exposed structural columns Exposed columns are to be constructed of, or clad in, the same masonry material as the principal structure. Existing and proposed exposed structural columns shall be allowed to be constructed of cedar. Parking Required number of parking spaces is 22 Proposed parking spaces is 21 Fencing Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residence, a solid fence to a height of 8 feet is required. A six (6) foot board on board fence along the east boundary is proposed. Sidewalk For all development requiring a City Council approved site plan, a five (5) foot wide sidewalk shall be provided. The applicant is requesting relief from sidewalk construction along Casey Court. VARIANCE REQUESTS: The following variances to Driveway Ordinance No. 634 are being requested: 1. The existing driveway off Carroll Avenue indicates a throat width of approximately 20 feet. A minimum throat width of 24 feet is required. 2. The existing driveway off Carroll Avenue indicates a spacing distance of Case No. ZA15-111 approximately 40 feet to the intersection of Casey Court. A minimum distance of 200 feet is required. 3. The existing west driveway off Casey Court indicates a spacing distance of approximately 45 feet to the intersection of Carroll Avenue and a spacing distance of approximately 89 feet to the proposed driveway to the east. A minimum distance of 100 feet is required. 4. The proposed east driveway off Casey Court indicates a spacing distance of approximately 77 feet to an existing driveway on the adjacent property to the east. A minimum distance of 100 feet is required. 5. There is an existing driveway (west) and a proposed driveway (east) shown on the submitted site plan as accessing Casey Court. Commercial service driveways are not permitted on local streets unless the tract or lot has no other public access. In the event there is no other public access, commercial driveways shall be permitted on local streets provided that they meet the design standards. Variance Approval Criteria has been included in Attachment ‘A’, pages 3-4 of this report. On April 7, 2016, the Planning & Zoning Commission unanimously recommended approval subject to the staff report and site plan review summary; specifically approving the requested variances. It was also recommended during the meeting discussion that the applicant provide an exhibit or photo of the cedar structural column(s) for City Council. The applicant has provided a photo and it has been incorporated into the slide presentation for this item. ACTION NEEDED: Consider approval of 1st reading of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – LINK TO PRESENTATION (D) Site Plan Review Summary No. 5 dated March 29, 2016 (E) Surrounding Property Owners Map & Responses (F) Ordinance No. 480-713 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA15-111 Page 1 BACKGROUND INFORMATION OWNERS: Dr. Richard B. and Polly Moss APPLICANT: Gerry Curtis Associates, Inc. (GCA) PROPERTY SITUATION: 1011 N. Carroll Avenue and 1170 Casey Court LEGAL DESCRIPTION: Lots 9 & 10, Oaks Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-1” Neighborhood Commercial District & “AG” Agricultural District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: - A Final Plat for Lots 1-10, Oaks Addition was approved and recorded in July 1960. - According to Tarrant County Appraisal District, the existing structure on Lot 10 was built in 1960. - The zoning designations “AG” Agricultural District (Lot 9) and “NSCC” Neighborhood Service Community Commercial District (Lot 10) appear on the zoning map adopted in March 1981 under Zoning Ordinance No. 261. - The zoning designations “AG” Agricultural District (Lot 9) and “LC” Light Commercial District (Lot 10) appear on the zoning map adopted in August 1986 under Zoning Ordinance No. 334. - The zoning designations “AG” Agricultural District (Lot 9) and “C-1” Neighborhood Commercial District (Lot 10) appear on the zoning map adopted in September 1989 under Zoning Ordinance No. 480. - The existing structure on Lot 10 was first used as a real estate office then as a dental office. Dr. Moss bought the property and dental office almost 25 years ago in the early 1990’s for his dental practice. - A Concept Plan application was submitted in June 2002 proposing construction of a new dental office on Lots 8 & 9 under case number ZA02 - 066. The case did not go to public hearing and was ultimately closed due to inactivity. Lot 9 currently remains undeveloped. - An interior remodel of the existing dental office on Lot 10 was permitted in June 2013. SOUTHLAKE 2030 PLAN: Future Land Use Plan The subject property is designated Retail Commercial. The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is Case No. Attachment A ZA15-111 Page 2 adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories. Mobility & Master Thoroughfare Plan The Mobility & Master Thoroughfare Plan shows North Carroll Avenue as a 2-lane undivided Arterial Roadway with a variable width right of way of ± 80 feet; Casey Court is classified as a Local Street and is platted to have a minimum of 30 feet of right of way. Pathways Master Plan & Sidewalk Plan The site plan proposes 8 foot sidewalk construction along N. Carroll Avenue with this development. This is consistent with the Official Pathways Map that indicates a >=8’ Future Multi-Use along this portion of N. Carroll Avenue. The applicant is requesting relief from sidewalk construction along Casey Court. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed site plan indicates three driveway access points; one existing drive onto N. Carroll Avenue; one existing drive onto Casey Court; and, one proposed drive onto Casey Court. N. Carroll Avenue (between SH114 and Highland) 24hr North Bound (4,379) South Bound (4,006) AM Peak AM (429) 7:45 AM –8:45 PM Peak AM (403) 7:30 – 8:30 AM PM Peak PM (442) 6:15 – 7:15 PM Peak PM (371) 3:45 – 4:45 PM * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis Threshold Worksheet was submitted by the applicant and the requirement for a TIA was waived. Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT Medical-Dental Office Building (720) 3,129 s.f. 108 7 4 5 8 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual WATER & SEWER: Water: The site is serviced by an existing 2-inch water line located along the south side of Casey Court that connects to a 12-inch water line located on the west side of N. Carroll Avenue. Sewer: The property is currently under septic system. A CIP is planned which will facilitate the property to access the City’s sewer. The sewer extension is tentatively scheduled to be completed by the end of 2016. The applicant has indicated the existing septic system will be replaced by a newly constructed lateral line to the City’s future manhole near the Case No. Attachment A ZA15-111 Page 3 southeast corner of the subject property. The future manhole may precede the completion of new on-site construction. TREE PRESERVATION: The submitted Tree Conservation Plan proposes approximately 55% preservation of existing tree cover. The site currently has approximately 73% of existing tree cover which if under a standard zoning district requires that a minimum of 40% of the existing tree cover area be preserved. However, under an S-P-1 zoning, the City Council shall consider the Plan in conjunction with the corresponding development application. The City Council shall approve the Plan if the Council finds that the Plan 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. CITIZEN INPUT/ BOARD REVIEW: A SPIN Forum meeting was held November 10, 2015. There were no questions or concerns. PLANNING & ZONING COMMISSION: April 7, 2016; Approved (5-0) subject to the Staff Report dated April 1, 2016 and Site Plan Review Summary No. 5, dated March 29, 2016; specifically approving the requested variances. STAFF COMMENTS: Attached is Site Plan Review Summary No. 5, dated March 29, 2016. Variance Approval Criteria: The City Council shall have the authority to grant a variance to the driveway ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance Case No. Attachment A ZA15-111 Page 4 will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. N:\Community Development\MEMO\2015 Cases\111 - ZSP - Brad Moss DDS\CC Packet\Item 7A.docx Case No. Attachment B ZA15-111 Page 1 Case No. Attachment C ZA15-111 Page 1 Site Plan Case No. Attachment C ZA15-111 Page 2 Project Narrative We are requesting approval of a zoning change for Lots 9 & 10, Oaks Addition, from C-1 and AG to SP-1 to allow for construction of a 1768 square foot addition to the existing 1299 square foot dental office building and the addition of 12 parking spaces. We also are requesting approval of the relocation of an existing 85 square foot detached storage building from outside the proposed building line to inside the proposed building line. This storage building is intended to be removed once construction is completed. It will be used as a temporary storage place for office files. Please consider the following points regarding the existing and proposed conditions:  Depth of the subject property precludes use of commercial refuse collection due to lack of maneuvering distances for entry and exits to private facility location. New collection location along Casey Court will include both 4 foot high screen fencing and landscaping to minimize visual impact on street and adjacent property.  Existing septic system will be replaced by a newly constructed lateral line to City’s proposed new manhole near the southeast corner of the subject property. By City Engineering estimates, the new manhole construction may precede the completion of new on-site construction.  Because Dr. Moss does not plan an increase in number of dentists, no increase in proposed or existing driveway use is expected.  The City’s engineering department has indicated that it will not ask for any change in roadway width or pavement for Casey Court.  Property location and Casey Court pre-existed S. H. 114 Freeway construction.  At present the subject property driveway is the only driveway existing or proposed along North Carroll Avenue between intersections.  It is imperative we keep the existing west drive off of Casey Court into the existing parking area. Without the circulation capability, our handicapped parking space becomes a backaround requirement right at the then-only entry point off of Carroll.  Existing trees and existing drive patterns do not allow for continued use of existing parking lot if parking islands are required to be added. The existing trees and landscaping existing and proposed around the existing parking lot create similar visual relief as if new islands were created. Parking islands in the proposed additional parking area would create maneuvering barriers that could require removal of existing major trees. The retention of substantial portions of the existing tree cover, the proposed additional landscaping, and the parking pattern of the proposed lot creates similar relief to planned landscape islands in a more pleasant natural appearing arrangement with minimal loss of existing tree canopy.  The relatively shallow depth of the existing lots provides for the maximum hose lay to all parts of the existing and proposed structures without a fire apparatus leaving public pavements.  Overall landscape and interior requirements will be met. The large number of oak trees on the subject lots permits a high percentage of retained tree canopy. Presentation Intent and Summary Dr. Brad Moss has operated a general dentistry office site at 1011 North Carroll Street for twenty -five years. He admired the site for its “little office in the woods” ambiance and purchased it from the dentist who originally established the office. Over the twenty-five years of his occupancy, Dr. Moss has continually upgraded the structure and dental office paraphernalia but now has reached the limit of practical improvement within the existing available space. The proposed expansion is not intended to increase the number of dentists or support personnel but to provide the present staff with more comfortable facilities and more technical capabilities. At the same time, he wishes to maintain the “little house in the woods” atmosphere. Case No. Attachment C ZA15-111 Page 3 The long-awaited opportunity to purchase the presently vacant lot to the east has allowed the space needed for the proposed expansion and the zoning-required parking, though it isn’t likely that all of the required parking will be utilized during the course of a normal operating day. The site plan has been developed with the intent of maintaining all possible desirable trees. Likewise, the grading plan minimizes major grade change near existing trees to keep those viable. The landscape plan as well takes advantage of existing trees. All requested zoning details and variances are designed to maintain the relaxed atmosphere of the existing site and surrounding area. Case No. Attachment C ZA15-111 Page 4 BRAD MOSS DENTAL OFFICE S-P-1 Zoning Regulations Lots 9 & 10, Oaks Addition Zoning S-P-1 Detailed Site Plan District with C-1 Neighborhood Commercial District uses with the following exceptions:  On-street trash collection shall be permitted; trash receptacle location with 4 foot board on board screening to match north and east perimeter fencing shall be allowed as shown on the site plan.  Horizontal Articulation - the existing west and south facades of the building shall be allowed to remain as shown on the submitted elevation sheet. The west elevation shows an existing portion of the building façade length at approximately 25 feet 3 inches and the south elevation shows an existing portion of the building façade length at approximately 24 feet 10 inches.  Existing and proposed exposed structural columns shall be allowed to be constructed of cedar.  The required number of parking spaces shall be twenty-one (21).  A six (6) foot board on board fence along the east boundary of the site shall be allowed as proposed.  Sidewalk construction along Casey Court shall not be required. Variances Due to the condition of the two existing driveways and the one proposed driveway, the following variances to Driveway Ordinance No. 634 are being requested: 1. The existing driveway off Carroll Avenue indicates a throat width of approximately 20 feet. (A minimum throat width of 24 feet is required) 2. The existing driveway off Carroll Avenue indicates a spacing distance of approximately 40 feet to the intersection of Casey Court. (A minimum distance of 200 feet is required) 3. The existing driveway off Casey Court indicates a spacing distance of approximately 45 feet to the intersection of Carroll Avenue. (A minimum distance of 100 feet is required) 4. The existing driveway off Casey Court indicates a spacing distance of approximately 89 feet to the proposed driveway to the east. (A minimum distance of 100 feet is required) 5. The proposed driveway off Casey Court indicates a spacing distance of approximately 77 feet to an existing driveway to the east. (A minimum distance of 100 feet is required) 6. Requesting the existing driveway (west) and a proposed driveway (east) be approved as shown on the site plan as accessing Casey Court. The Driveway Ordinance states that commercial service driveways are not permitted on local streets unless the tract or lot has no other public access. In the event there is no other public access, commercial driveways shall be permitted on local streets provided that they meet the design standards. Case No. Attachment C ZA15-111 Page 5 Building Elevations The proposed building addition will match existing colors and materials.  Asphalt shingled roof; brick; cedar posts and shutters; and, existing cedar siding Case No. Attachment C ZA15-111 Page 6 Landscape Plan Case No. Attachment C ZA15-111 Page 7 Tree Preservation Plan Case No. Attachment D ZA15-111 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA15-111 Review No.: Five Date of Review: 03/29/16 Project Name: Zoning Change and Site Plan – Brad Moss Dental Office Expansion APPLICANT: Gerry Curtis OWNERS: Richard and Polly Moss GCA Surveyors 1011 N. Carroll Avenue PO Box 471787 Southlake, TX 76092 Fort Worth, TX 76147 Phone: 817-334-0381 Phone: 817-939-6443 Email: Gerry@gcasurveyors@att.net Email: pjrbm@hotmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/21/16 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 THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner I Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. The existing driveway off Carroll Avenue shows a throat width of 20 feet. The Driveway Ordinance requires a minimum throat width of 24 feet. A variance has been requested. 2. North Carroll Avenue is classified as an 88’ 2-lane undivided Arterial Roadway. The Driveway Ordinance requires a minimum spacing requirement to an intersection from a commercial driveway as 200 feet. The proposed site plan shows an existing driveway off Carroll Avenue as approximately 40 feet from Casey Court and an existing driveway off Casey Court as approximately 45 feet from Carroll Avenue. A variance has been requested. 3. The Driveway Ordinance requires a minimum spacing requirement to an intersection from a commercial driveway on a local street as 100 feet. The proposed site plan shows an existing driveway off Casey Court as approximately 45 feet from Carroll Avenue. A variance has been requested. 4. Casey Court is classified as a Local Street and is platted to have a minimum of 30 feet of right of way. The minimum spacing requirement for commercial driveways, center line to center line, along a local street is 100 feet. The proposed site plan shows the distance from the existing driveway off Casey Court to the proposed driveway off Casey Court to be approximately 89 feet and the proposed driveway off Casey Court to the existing driveway on the adjacent property to the east to be approximately 77 feet. Variances have been requested. 5. There is an existing driveway (west) and a proposed driveway (east) shown on the submitted site plan as accessing Casey Court. Commercial service driveways are not permitted on local streets unless the tract or lot has no other public access. In the event there is no other public access, commercial driveways shall be permitted on local streets provided that they meet the design standards. A variance has been requested. 6. The property is currently under septic system. A CIP is planned which will facilitate the property to access the City’s sewer. The sewer extension is tentatively scheduled to be completed by the end of 2016. Connection to City sewer, once available to this site, is required. Case No. Attachment D ZA15-111 Page 2 7. An Amended Plat will be required prior to the issuing of any building permits. ___________________________________________________________________________________ Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 * The submitted Tree Conservation Plan proposes approximately 55% preservation of existing tree cover. The site currently has approximately 73% of existing tree cover which if under a standard zoning district requires that a minimum of 40% of the existing tree cover area be preserved. However, under an S-P-1 zoning, the City Council shall consider the Plan in conjunction with the corresponding development application. The City Council shall approve the Plan if the Council finds that the Plan provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. The Crape Myrtles shown on the corners of the access drives on Casey Court could be a visibility hazard. * The proposed building addition footprint exceeds 30% of the existing building footprint and parking is proposed to be added so the entire development must comply with the regulations of Case No. Attachment D ZA15-111 Page 3 the Landscape Ordinance and Bufferyards section of the Zoning Ordinance. * When the landscape plan is submitted for a building permit, it must be prepared by a Registered Landscape Architect. * Indicates informational comment. # Indicates required items comment. ___________________________________________________________________________________ Public Works/Engineering Review Om Gharty Chhetri, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us GENERAL COMMENTS: * Existing driveway on N Carroll Ave, from street intersection is in excess of the driveway spacing guidelines. Driveway spacing on Casey Ct. does not meet the guidelines. Refer to Driveway Ordinance No. 634. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 WATER AND SANITARY SEWER COMMENTS: * The property currently is under septic system. A CIP is planned which will facilitate the property to access the City’s sewer. The sewer extension is tentatively scheduled to be completed by end of 2016. * Water meters and fire hydrants shall be located in an easement or right of way. GRADING AND DRAINAGE COMMENTS: * Any driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Property drains into a Critical Drainage Structure require a fee to be paid prior to beginning construction. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. ___________________________________________________________________________________ Case No. Attachment D ZA15-111 Page 4 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Show and label fire lanes to provide access within 150 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis. (Provide an approved fire lane into the new parking area that will dead end in the northern area of the parking lot.) Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide with 6 inch red striping that contains 4 inch white lettering that states “FIRE LANE NO PARKING” every 25 feet, and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2012 I.F.C. Sec. 503.2.4) 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. (Ensure the Knox Box is located near the front entrance once the exterior renovations have been completed) ___________________________________________________________________________________ General Informational Comments: * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone 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. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS – Case No. Attachment D ZA15-111 Page 5 exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment E ZA15-111 Page 1 Surrounding Property Owners Brad Moss Dental Office Owner Zoning Address Acreage Response 1. XARIS INVESTMENTS LTD C3 1050 E SH 114 2.11 NR 2. NEC CARROLL/114 ADJACENT LAND C1 985 N CARROLL AVE 0.31 NR 3. NEC CARROLL & 114 LTD PRTNSHP AG 1201 CASEY CT 0.32 NR 4. SCHULZ, EDWIN R AG 1213 CASEY CT 0.29 NR 5. NEC CARROLL & 114 LTD PRTNSHP AG 979 N CARROLL AVE 0.19 NR 6. NEC CARROLL & 114 LTD PRTNSHP AG 950 N CARROLL AVE 0.16 NR 7. SCHENK, JOEL SF1-A 1075 CASEY CT 0.38 NR 8. JOHNSON, DEBORAH BOHANNON ETAL AG 1033 CASEY CT 0.43 NR 9. COLLINS, TED SF1-A 997 CASEY CT 0.42 NR 10. MOORE, FRIEDRICH SF1-A 1050 WILD WOOD LN 0.96 NR 11. ROADWAY PROPERTIES INC C2 1101 E SH 114 1.79 NR 12. MOSS, RICHARD B C1 1011 N CARROLL AVE 0.39 NR 13. MOSS, RICHARD AG 1170 CASEY CT 0.32 NR 14. CARROLL, ISD AG 0.64 NR 15. STEELE, CRYSTAL M EST AG 1212 CASEY CT 0.30 NR 16. CARROLL, ISD AG 1009 N CARROLL AVE 0.43 NR 17. J G J INC AG 1025 E SH 114 24.03 NR 18. CARROLL, ISD CS 0.73 NR 19. CARROLL, ISD CS 1301 E HIGHLAND ST 0.32 NR 20. PEBL PARTNERSHIP LTD SP1 1110 E SH 114 1.28 F 21. CARROLL, ISD CS 0.76 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received: One (1) – Attached Case No. Attachment E ZA15-111 Page 2 Case No. Attachment F ZA15-111 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-713 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 9 & 10, OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.70 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-1” NEIGHBORHOOD COMMERCIAL DISTRICT AND “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-1” NEIGHBORHOOD COMMERCIAL DISTRICT USES, 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 ordin ance 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 “C-1” Neighborhood Commercial District and “AG” Agricultural District under the City’s Comprehensive Zoning Case No. Attachment F ZA15-111 Page 2 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 haza rds 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 p roperty; 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 a nd 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 conside red 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 ZA15-111 Page 3 existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has als o 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 Lots 9 & 10, Oaks Addition, City of Southlake, Tarrant County, Texas, being approximately 0.70 acres, and more fully and completely described in Exhibit “A” from “C-1” Neighborhood Commercial District and “AG” Agricultural 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 Case No. Attachment F ZA15-111 Page 4 subject to the following conditions: 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 t he 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 Case No. Attachment F ZA15-111 Page 5 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 post 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 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 Case No. Attachment F ZA15-111 Page 6 official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ______ day of _______, 2016. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY 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:_______________________ Case No. Attachment F ZA15-111 Page 7 EFFECTIVE:______________________ Case No. Attachment F ZA15-111 Page 8 EXHIBIT “A” Being described as Lots 9 & 10, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas. Reserved for legal description EXHIBIT “B” Reserved for approved zoning document and associated plans