Item 10 - ZA16-044 ZCSP TDDC Ambulatory Surgery Center13 CITY OF
S0UTHLA1<4.,E
Department of Planning & Development Services
CASE NO:
PROJECT:
EXECUTIVE
SUMMARY:
DETAILS:
Case No.
ZA16-044
STAFF REPORT
July 28, 2016
ZA16-044
Zoning Change and Concept/Site Plan for TDDC Ambulatory Surgery Center
Weir and Associates, Inc. is requesting approval of a Zoning Change and
Concept/Site Plan for Texas Digestive Disease Consultants (TDDC) Ambulatory
Surgery Center on property described as Lot 4R, Block 5, Cornerstone Business
Park, an addition to the City of Southlake, Tarrant County, Texas, and located at
515 S. Nolen Dr., Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan
District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN
Neighborhood #8.
The property is located on the east side of S. Nolen Dr. approximately'/4 mile south
of E. Southlake Blvd.
The purpose of the request is to amend the "S -P-2" Generalized Site Plan District
to allow "0-1" Office District uses to include an ambulatory surgery center as a
permitted use on Lot 4R and to seek approval of a Concept/Site Plan for an
approximately 11,000 square foot, one-story ambulatory surgery center on
approximately 1.553 acres. The existing S -P-2 uses for Lot 4R includes limited "I-
1" Industrial District uses, "O-1" Office District Uses and health and fitness centers
and gymnasiums not to exceed 16,000 square feet. The zoning change is required
because the "0-1" Office District does not list ambulatory surgery centers as a
permitted use. The existing Concept Plan for Cornerstone Business Park shows an
approximately 10,000 square foot office/warehouse building with 14 parking spaces
on Lot 4R.
Existing Zoning
Proposed Zoning
Land Use Designation
Gross/Net Acreage
Total Building Floor Area (Gross)
Building Height/Number of Stories
Open Space %
Impervious Coverage %
Total Parking Required (S -P-2)
Total Parking Spaces Provided
Lot 4R
S -P-2 Generalized Site Plan District
S -P-2 Generalized Site Plan District
Industrial
1.558 ac.
11,000 sq. ft.
187 1 story
37%
63%
50
50
The chart below sumrrid+the "S -P-2" amendments to the base "O-1" Office
District uses and regulations:
Regulation
"0-1" Office District
S -P-2 Regulation
Ambulatory Surgery
No
Yes
Center Allowed
Parking
1 space per 150 SF for Medical Office
10 spaces per procedure
room @ 5 rooms
Loading Spaces
One (1) 10'x 50'
One (1) 10'x 35'
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval of a Zoning Change and Concept/Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plan Review Summary No. 3, dated July, 28, 2016
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-439C
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Narrative and Regulations
Link to Plans
Page 1 - 4 Elevations
Page 5 Tree Conservation Plan
Page 6 - 7 Landscape Plans
Page 8 - 9 Concept and Site Plans
Page 10 - 13 Civil Plans
Link to SPIN Meeting Report
STAFF CONTACT:
Case No.
ZA16-044
Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
BACKGROUND INFORMATION
OWNER: Paragon Property Holdings, LP
APPLICANT: Weir and Associates, Inc.
PROPERTY SITUATION: 515 S. Nolen Dr., generally located on the east side of S. Nolen Dr.
approximately'/4 mile south of E. Southlake Blvd.
LEGAL DESCRIPTION: Lot 4R, Block 5, Cornerstone Business Park
LAND USE CATEGORY: Industrial
CURRENT ZONING: "S -P-2" — Generalized Site Plan District
PROPOSED ZONING: "S -P-2" Generalized Site Plan District to allow "O-1" Office District uses to
include an ambulatory surgery center as a permitted use on Lot 4R
HISTORY: -A zoning change from "AG" to "O-1" and 1-1" on the west portion of this
property as well as a Preliminary Plat were approved by the City in May of
1997.
-A Final Plat (ZA97-114) was approved by the City on September 4, 1997.
-City Council approved a zoning change (ZA02-018) from "O-1"and 1-1"to
"S -P-2" with 1-1" uses on the western portion of the property and an
associated concept plan on July 16, 2002.
-A zoning change and concept plan (ZA04-021) from "AG" Agricultural
District and "S -P-2" General Site Plan District to "S -P-2" General Site Plan
District with "C-2" Local Retail Commercial District and 1-1 " Light Industrial
District uses was approved by City Council on June 15, 2004.
- A plat revision (ZA04-065) was approved by City Council on October 15,
2004.
-A zoning change and site plan for Lot 5R1 (Texas Digestive Disease
Consultants) from "S -P-2" General Site Plan District to "S -P-2" General Site
Plan District was approved by City Council on January 18, 2011.
-A zoning change and Concept/Site Plan (ZA11-027) for from "S -P-2"
General Site Plan District to "S -P-2" General Site Plan District to add 15
parking spaces and to reconfigure driveways on Lots 1 R, 2R1 R, 3R, 4R
and 5R1, Block 5, Cornerstone Business Park. The Concept/Site Plan was
revised to remove the shared parking and common access drives that
connected Lot 1 R with Lot 2R1 R on the existing concept plan to create a
stand-alone lot. The approved plan allows the development of Lot 1 R
without installing a drainage pipe and covering the existing ditch.
SOUTH LAKE 2030 PLAN: Consolidated Future Land Use Plan
The 2030 future land use designation for the site is "Industrial".
Industrial and business service development that is relatively free of
unwanted side effects, such as unsightliness, noise, odor, glare, vibrations,
etc., is permitted in the Industrial category. If meeting the qualification of
relatively free of unwanted side effects, suitable types of development in the
Industrial category can be characterized by the manufacturing, processing,
packaging, assembly, storage, warehousing and/or distribution of products.
Ancillary commercial and retail activities associated with these uses are
Case No. Attachment A
ZA16-044 Page 1
TRANSPORTATION
ASSESSMENT:
TREE PRESERVATION
Case No.
ZA16-044
permitted. Public Parks / Open Space and Public / Semi -Public activities as
described above may be permitted if surrounding industrial uses do not
pose hazards and are sufficiently buffered.
Mobilitv & Master Thoroughfare Plan
S. Nolen Dr. is shown as a three -lane undivided arterial with 70' of right of
way from E. Southlake Blvd. to Crooked Lane. South of Crooked Lane, S.
Nolen Drive is a local commercial street with 60' of existing right of way.
Adequate right -of way has previously been dedicated adjacent to the
proposed development.
Pathways Master Plan & Sidewalk Plan
The 2030 Pathways Master Plan shows a <8' sidewalk along both sides of
S. Nolen Dr. between E. Southlake Blvd. and Crooked Lane and a <8'
sidewalk on the west side of S. Nolen Dr. between Crooked Lane and
Silicon Dr. There is an existing 5' sidewalk on the TDDC lot at 505 S. Nolen
Dr., which is directly in front of the subject lot.
Area Road Network and Conditions
South of Crooked Ln., S. Nolen Drive is a local commercial street with 60'
of existing right of way.
Traffic Counts
24hr North Bound (2,205) South Bound (1,927)
AM Peak AM (208) 7:15 — 8:15 AM Peak AM (125)11:45— 12:45 AM
PM Peak PM (161) 3:45 — 4:45 PM Peak PM (214) 16:30 — 17:30 PM
Based on the 2015 City of Southlake Traffic Count Report
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development.
Traffic Impact
* Vehicle Trips Per Day
* AM -!n, AM -Out, PM -!n and PM -Out are peak hour generators on a weekday
* Based on the ITE: Trip Generation Manual, 7`h Edition
The site is subject to the City's Tree Preservation Ordinance No. 585-D
because it is being rezoned.
The proposed zoning is SP -2 and Tree Conservation Plan is subject to City
Council approval. If the zoning change request was for straight zoning, it
would not comply with the Existing Tree Cover Regulations of the Tree
Preservation Ordinance. There is 54% of existing tree cover on the site and
50% of the existing tree cover would be required to remain. 55% of the
Attachment A
Page 2
existing tree cover is proposed to be removed and 45% is proposed to
remain.
For property sought to be zoned for the Downtown zoning district or a
planned development zoning district, including an S -P-1 Site Plan, S -P-
2 Site Plan, Transition, Rural Conservation, Planned Unit Development,
or Employment Center zoning district, the City Council shall consider
the application for a Conservation Analysis or Plan in conjunction with
the corresponding development application.
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.
UTILITIES: An 8" water line and an 8" sanitary sewer line were extended to the property
with previous development.
DRAINAGE: The drainage is generally south to north across the property to inlet grates
in the existing driveway and to a drainage area along the east property line.
CITIZEN INPUT: The following meetings were held to discuss the development:
A SPIN meeting was held for this project on May 24, 2016. A link to the
report is provided. Link to SPIN Report
STAFF COMMENTS: Attached is Review Summary No. 3, dated July 28, 2016.
Case No. Attachment A
ZA16-044 Page 3
Vicinity Map
405, 415, 505, 515 S. Nolen Dr.
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ZA 16-044
Zoning Change and
Concept/Site Plan
TDDC Ambulatory Surgery Center
0 330 rr,0 1 320
t
s
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Case No.
ZA16-044
Attachment B
Page 1
CONCEPT/SITE PLAN REVIEW SUMMARY
Case No.: ZA16-044 Review No.: Three
Project Name: Concept/Site Plan — TDDC Ambulatory Surgery Center
APPLICANT: Randy Eardley, P.E.
Wier & Associates, Inc.
2201 E. Lamar Blvd. Ste. 200
Arlington, TX 76006
Phone: (817)467-7700
E-mail: randye@wierassociates.com
Date of Review: 07/28/16
OWNER:
Paragon Property Holdings, LP
720 Industrial Blvd., Ste. 400
Grapevine, TX 76051
Phone:
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
07/18/16 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.
Please make the following changes to the Concept Plan:
a. Revise the note stating that "All building footprints/square footages shall be restricted to
± 10% of footprints shown on the original Concept Plan approved as Case No. ZA04-
021 except as approved by City Council."
2. Please make the following changes to the Site Plan:
a. Please remove the contour lines and utilities from the Site Plan.
b. Add a written scale under the graphic scale (1" = 30').
c. Revise the note stating that "All building footprints/square footages shall be restricted to
± 10% of footprints shown on the original Concept Plan approved as Case No. ZA04-
021 except as approved by City Council."
d. A 10' x 50' loading space is required on Lot 4R. The applicant has added an S -P-2
regulation to allow the loading space to be 10' x 35'.
e. Staff recommends providing a minimum height of 8' for the trash receptacle enclosure
to ensure that the dumpster is completely screened from view.
3. On the elevations in the fagade material breakdown, please change "matrail" to "material".
Lot 4R, Block 5 is in the Non -Residential Development Overlay Zone, but since the lot is more
than 200' from Nolan Dr., the development is not subject to the General Development
Standards in Zoning Ordinance No. 480, as amended, Section 43.19(d), which includes
regulations regarding building articulation, masonry requirements, mechanical screening,
screening of trash receptacles, etc.
Case No. Attachment C
ZA16-044 Page 1
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
The proposed zoning is SP -2 and Tree Conservation Plan is subject to City Council approval. If the
zoning change request was for straight zoning, it would not comply with the Existing Tree Cover
Regulations of the Tree Preservation Ordinance. There is 54% of existing tree cover on the site
and 50% of the existing tree cover would be required to remain. 55% of the existing tree cover is
proposed to be removed and 45% is proposed to remain.
Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation
Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the property has
previously received a tree permit related to development, the percentage of existing tree cover at
the time the first such permit was issued shall be used to calculate the minimum existing tree cover
that must be preserved under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
0%-20% 70%
20.1 —40% 60%
40.1%-60% 50%
60.1%-80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
For property sought to be zoned for the Downtown zoning district or a planned development zoning
district, including an S -P-1 Site Plan, S -P-2 Site Plan, Transition, Rural Conservation, Planned Unit
Development, or Employment Center zoning district, the City Council shall 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:
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;
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;
Case No. Attachment C
ZA16-044 Page 2
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:
Required Parking lot island trees and associated landscaping do count toward interior landscape
requirements. There are enough existing trees to provide credits for the required interior
landscaping and bufferyard canopy and accent tree plantings.
2. The landscape area at the southeast end of the south parking is required to contain shrubs,
ground cover, ornamental grasses, seasonal color, or a combination of these plant materials along
with the required canopy tree.
3. Existing tree credits are proposed to be taken for required interior and bufferyards landscaping.
Ensure that all trees proposed to take credits for are in healthy condition and will be saved during
construction. Existing tree credits shall only be granted if the tree/s are in healthy condition and all
requirements of the Tree Preservation Ordinance have been met as determined at the time of
inspection for a Permanent Certificate of Occupancy.
Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Alex Ayala, P.E.
Civil Engineer
Phone: (817) 748-8101
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Minimum radii shall be 30' to meet fire lane criteria.
Street intersections shall comply with TDLR/ADA accessibility standards.
Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
Case No. Attachment C
ZA16-044 Page 3
Use the City of Southlake GPS monuments whenever possible. Monument locations can be
found in the City of Southlake website:
httr)://www.citvofsouthlake.com/index.asr)x?NID=266
EASEMENTS:
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:
1. Clearly label all public and private water and sewer lines.
2. 6" sanitary sewers require manholes at each end.
Water 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 1" inch meter must have a 1" 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.
DRAINAGE COMMENTS:
Differences between pre- and post- development runoff shall be captured in detention pond.
Proposed detention ponds shall control the discharge of the 2, 10 and 100- year storm events.
Detention may be required with any new proposed building construction.
2. Documentation supporting and certifying that detention is not necessary will be required prior to
approval of civil construction plans.
3. Clearly label all private and public storm lines.
4. Civil construction plans must include capacity calculations for existing inlets downstream of the
site.
5. Storm drain may require extension to northeast.
Storm sewers collecting runoff from public streets shall be RCP and constructed to City
standards.
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:
Case No. Attachment C
ZA16-044 Page 4
httr)://www.citvofsouthlake.com/PublicWorks/engineerinadesign.asr)
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
removal of controls. SWPPP shall be submitted by second review of the civil construction
plans.
* NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City's sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer's
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
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
The required backflow protection (double check valve) for the sprinkler system can be located on
the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the
main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5'X5' if the
double check is not located on the riser, or a minimum of 6'X6' if it is on the riser. (FDC shown on
plans, but riser room location is not indicted)
The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant,
and within 50 feet of fire lane access. (A remote FDC is acceptable to meet the requirement)(FDC
location not shown to be within 50 feet of a fire lane on the property)
FIRE LANE COMMENTS:
Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn
radius. (Per 2015 I.F.C. Sec. 503.2.4).
Fire apparatus access needs to be provided within 250 feet of all exterior portions of the
perimeter of buildings on a "hose -lay" basis for sprinkled buildings. Fire apparatus access
Case No. Attachment C
ZA16-044 Page 5
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 can enter the property and dead-end no further than 150 feet into the property, or an
approved turn -around for fire apparatus must be provided. (Provide 150 foot dead end fire lane
to meet hose lay distance requirements on property if necessary)
General Informational Comments
A SPIN meeting was held May 24, 2016.
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.
It appears that this property lies within the 75 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 except as noted in the S -P-2 regulations.
The applicant should be aware that prior to issuance of a building permit, 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
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Case No. Attachment C
ZA16-044 Page 6
w' 22W 5M
S
ME I 7S
T a _
SPO # Owner
Property Address
Zoning
Acreage
Response
2707 E SOUTHLAKE
1
NR
BTR -8 SOUTHLAKE LLC
BLVD
SP2
5.76
2757 E SOUTHLAKE
2
NR
ORION SKY PROPERTIES LLC
BLVD
SP2
3.61
2801 E SOUTHLAKE
3
NR
ALBION IRON LLC
BLVD
SP2
1.74
SHURGARD/FREEMONT
2855 E SOUTHLAKE
4
NR
PARTNERS 11
BLVD
SP2
4.67
5.TRUEZERO PROPERTIES LLC
305 S NOLEN DR
SP1
I 1.56
NR
6. PONY INVESTMENTS LLC
405 S NOLEN DR
SP2
I 2.53
NR
HARBOR TOWN PARTNERS
7
NR
LP
415 S NOLEN DR
SP2
2.73
8.BBJ & E LTD
2860 MARKET LOOP
11
I 1.99
NR
9. GATEWAY CHURCH
500 S NOLEN DR
SP1
I 5.54
NR
10.AKP MANAGEMENT LLC
2850 MARKET LOOP
11
I 1.44
NR
11.LAGO DEL SUR LLC
525 S NOLEN DR
11
1.63
NR
12. MARKET LOOP PARNTERS
2830 MARKET LOOP
11
1.66
NR
13. LAGO DEL SUR LLC
535 S NOLEN DR
11
1.64
NR
Case No.
Attachment D
ZA16-044
Pagel
14.
CHARLESTON COURT LP
545 SILICON DR
11
2.59
NR
PATTERSON SOUTHLAKE
15.
NR
FAM PROP
530 S NOLEN DR
11
1.07
16.
LAGO DEL SUR LLC
545 S NOLEN DR
11
1.62
NR
NOLEN EXCHG BUS PARK
17.
NR
LLC
540 S NOLEN DR
11
1.55
18.
FULBRIGHT MAYS TRUST
2825 EXCHANGE BLVD
11
1.15
NR
PARAGON PROPERTY
19
NR
HOLDINGS LP
515 S NOLEN DR
SP2
1.55
SPELUNKER PROPERTIES IV
20
NR
LLC
505 S NOLEN DR
SP2
2.65
21.
CHARLESTON COURT LP
530 SILICON DR
01
4.85
NR
22.
BROADGATE EQUITY LP
2815 EXCHANGE BLVD
11
1.76
NR
23.
DRS GROUP LLC
2819 EXCHANGE BLVD
11
0.93
O
NOLEN MEDICAL
24
NR
INVESTMENTS LLC
300 S NOLEN DR
SP1
1.84
25.
WHITE, ELBERT CLARK
2450 CROOKED LN
AG
15.85
NR
26.
CHANY DEVELOPMENT INC
410 S NOLEN DR
SP1
0.60
NR
27.
CHANY DEVELOPMENT INC
416 S NOLEN DR
SP1
0.60
NR
28.
MYAN PLAZA LP
520 SILICON DR
01
1.43
NR
29.
CHANY DEVELOPMENT INC
512 SILICON DR
SP1
0.65
NR
30.
CHANY DEVELOPMENT INC
516 SILICON DR
SP1
0.73
NR
31.
CHANY DEVELOPMENT INC
508 SILICON DR
SP1
0.66
NR
Responses: F: In Favor O: Opposed To U: Undecided
NR: No
Response
Notices Sent: Twenty-eight (28)
Responses Received within 200': One (1) - Attached
Case No. Attachment D
ZA16-044 Page 2
Notification Response Fora
16,4"
.Meeting Da6D: August 4} 2016 at 6:30 PM
DR; CROUP LLC
1319 MONTGOMERY l N
OUTHL KE. TQC TBO
PLEASE PROVIDE COMPLETED FORMS IA MAIL., FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
- - - Being_khe- own er(r.) of.the-propat#.so-anted above, _a :hereby
in favor oaf * undecided about
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(r..Arr.Ie or undefine orae)
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Case No. Attachment D
ZA16-044 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-439C
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN
THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS LOT 4R, BLOCK 5 CORNERSTONE BUSINESS
PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 1.558 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "S -P-2" GENERALIZED SITE PLAN DISTRICT TO "S -P-2"
GENERALIZED SITE PLAN DISTRICT AS DEPICTED ON THE
APPROVED CONCEPT/SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as "S -P-2" Generalized
Site Plan District under the City's Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA16-044 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 ad the general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
Case No. Attachment E
ZA16-044 Page 2
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 4R, Block 5 Cornerstone Business Park, an addition to
the City of Southlake, Tarrant County, Texas, being approximately 1.558 acres,
and more fully and completely described in Exhibit "A" from "S -P-2" Generalized
Site Plan District to "S -P-2" Generalized Site Plan District as depicted on the
approved Concept/Site Plan attached hereto and incorporated herein as Exhibit
"B", and subject to the following conditions:
Case No. Attachment E
ZA16-044 Page 3
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Case No. Attachment E
ZA16-044 Page 4
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment E
ZA16-044 Page 5
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.
PASSED AND APPROVED on the 1St reading the day of , 2016.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
IMAHIM]V
ATTEST:
day of
CITY SECRETARY
, 2016.
Case No. Attachment E
ZA16-044 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA16-044 Page 7
EXHIBIT "A"
Being described as as Lot 4R, Block 5 Cornerstone Business Park, an addition to the City of
Southlake, Tarrant County, Texas, being approximately 1.558 acres and being more
particularly described as follows:
Metes and Bounds Description
Reserved for metes and bounds description
Case No. Attachment E
ZA16-044 Page 8
EXHIBIT "B"
Reserved for approved Concept/Site Plan
Case No. Attachment E
ZA16-044 Page 9