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Item 7BCase No. ZA17-094 S T A F F R E P O R T January 30, 2018 CASE NO: ZA17-094 PROJECT: Zoning Change and Concept Plan for Cornerstone Business Park EXECUTIVE SUMMARY: On behalf of Pony Investments, LLC, Castle Development Group by Baird, Hampton and Brown is requesting 1st reading approval of a Zoning Change and Concept Plan for Cornerstone Business Park on property described as Lots 2R1R, 3R, 4R, and 5R1, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas and loc ated at 405, 415, 505 and 515 S. Nolen Dr., Southlake, Texas. Current Zoning: “S -P-2” Generalized Site Plan District. Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #8 DETAILS: The property is located on the east side of S. No len Dr. approximately 1,000 feet south of E. Southlake Blvd. The purpose of the request is to amend the “S-P-2” Generalized Site Plan District zoning district boundary for Lot 2R1R, Block 5, Cornerstone Business Park in association with a request for a Z oning Change and Site Plan (ZA17-099) for Lot 1R, Cornerstone Business Park Block 5 located at 305 S. Nolen Dr. The proposed boundary location will follow the drainage channel between the two lots. The applicant is also proposing an S -P-2 regulation to not require a bufferyard along the northwest boundary of Lot 2R1R and instead allow the existing vegetation in the drainage channel to remain in a natural state. No other changes to the existing S- P-2 zoning district uses or regulations are proposed and all p revious conditions of approval remain in effect. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated January 12, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-439E (F) Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to S-P-2 Regulations Link to Plan Link to SPIN meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Department of Planning & Development Services Case No. Attachment A ZA17-094 Page 1 BACKGROUND INFORMATION OWNER: Pony Investments, LLC APPLICANT: Castle Development Group by Baird, Hampton and Brown PROPERTY SITUATION: 405, 415, 505 and 515 S. Nolen Dr. LEGAL DESCRIPTION: Lots 2R1R, 3R, 4R, and 5R1, Block 5, Cornerstone Business Park LAND USE CATEGORY: Office Commercial and Industrial CURRENT ZONING: “S-P-2” – Generalized Site Plan District PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: -A zoning change from “AG” to “O-1” and “I-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 “I-1” to “S-P-2” with “I-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 “I-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 Octo ber 15, 2004. -A zoning change and site plan (ZA10-065) 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 1R, 2R1R, 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 1R with Lot 2R1R on the existing concept plan to create a stand-alone lot. The approved plan allows the development of Lot 1R without installing a drainage pipe and c overing the existing ditch. The zoning change was approved by Council on October 18, 2011. -A zoning change and Concept/Site Plan (ZA16 -044) for from “S-P-2” General Site Plan District to “S-P-2” General Site Plan District to allow “O-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 1.558 acres was approved September 1, 2016. -A zoning change and Concept/Site Plan (ZA1 7-044) for from “S-P-2” General Site Plan District to “S-P-2” General Site Plan District to amend the elevations for the TDDC ambulatory surgery center on Lot 4R was approved August 15, 2017. Case No. Attachment A ZA17-094 Page 2 CITIZEN INPUT: The following meeting was held to discuss the development: A SPIN meeting was held for this project on December 12, 2017. A link to the report is provided. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: January 18, 2018; Approved (5-0) as presented subject to the staff report dated January 12, 2018 and Concept Plan Review Summary No. 2, dated January 12, 2018. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated January 12, 2018. Case No. Attachment B ZA17-094 Page 1 Case No. Attachment C ZA17-094 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA17-094 Review No.: Two Date of Review: 01/12/18 Project Name: Concept Plan – Lots 2R1R1, 3R, 4R and 5R1, Block 5, Cornerstone Business Park APPLICANT: Konstantine Bakintas, PE OWNER: Andrew Miller Baird, Hampton and Brown, Inc. Geotel Group, Inc. 3801 William D. Tate, Ste. 500 251 E. Southlake Blvd. Ste. 100 Grapevine, TX Southlake, TX 76092 Phone: (817) 251-8550 Phone: (817) 337-3433 E-mail: kb@bhbinc.com E-mail: amiller@castledevgroup.com CITY STAFF HAS REVIEWED THE ABOVE REFERE NCED PROJECT RECEIVED BY THE CITY ON 12/18/17 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT 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 or an Amended Plat that conforms to the underlying zoning districts must be processed, approved and recorded with the County. An application for an Amended Plat has been submitted. Amended plats may be approved administratively. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. No trees are proposed to be affected within the revised “S-P-2” boundary. * 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 AND BUFFERYARD COMMENTS: * No comments * Indicates informational comment. ============= The following should be informational comments only ==================== * A SPIN meeting for this development was held December 12, 2017. Case No. Attachment C ZA17-094 Page 2 * 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. * The applicant should be aware that prior to issuance o f 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. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to re view the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA17-094 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Property Address Acreage Response 1. BTR-8 SOUTHLAKE LLC 2707 E SOUTHLAKE BLVD 5.76 NR 2. ORION SKY PROPERTIES LLC 2757 E SOUTHLAKE BLVD 3.61 NR 3. ALBION IRON LLC 2801 E SOUTHLAKE BLVD 1.74 NR 4. SHURGARD/FREEMONT PARTNERS 11 2855 E SOUTHLAKE BLVD 4.67 NR 5. TRUEZERO PROPERTIES LLC 305 S NOLEN DR 1.56 NR 6. PONY INVESTMENTS LLC 405 S NOLEN DR 2.53 NR 7. HARBOR TOWN PARTNERS LP 415 S NOLEN DR 2.73 NR 8. BBJ & E LTD 2860 MARKET LOOP 1.99 NR 9. GATEWAY CHURCH 500 S NOLEN DR 5.54 NR 10. AKP MANAGEMENT LLC 2850 MARKET LOOP 1.44 NR 11. SOUTHLAKE FLEX PROPERTIES LLC 525 S NOLEN DR 1.63 NR Case No. Attachment D ZA17-094 Page 2 12. MARKET LOOP PARNTERS 2830 MARKET LOOP 1.66 NR 13. SOUTHLAKE FLEX PROPERTIES LLC 535 S NOLEN DR 1.64 NR 14. CHARLESTON COURT LP 545 SILICON DR 2.59 NR 15. FS BUILDING LLC 530 S NOLEN DR 1.07 NR 16. SOUTHLAKE FLEX PROPERTIES LLC 545 S NOLEN DR 1.62 NR 17. GATEWAY CHURCH 540 S NOLEN DR 1.55 NR 18. FULBRIGHT MAYS TRUST 2825 EXCHANGE BLVD 1.15 NR 19. FOBT PROPERTIES LP 515 S NOLEN DR 1.55 NR 20. SEVENINVEST LLC 505 S NOLEN DR 2.65 NR 21. CHARLESTON COURT LP 530 SILICON DR 4.85 NR 22. 1700LACY LLC 2815 EXCHANGE BLVD 1.76 NR 23. DRS GROUP LLC 2819 EXCHANGE BLVD 0.93 NR 24. CARBIUM CAPITAL LLC 410 S NOLEN DR 0.60 NR 25. CARBIUM CAPITAL LLC 416 S NOLEN DR 0.60 NR 26. MYAN PLAZA LP 520 SILICON DR 1.43 NR 27. CARBIUM CAPITAL LLC 512 SILICON DR 0.65 NR 28. CARBIUM CAPITAL LLC 516 SILICON DR 0.73 NR 29. CARBIUM CAPITAL LLC 508 SILICON DR 0.66 NR 30. ZADA M WHITE ESTATE TRUST 2450 CROOKED LN 12.94 NR 31. MPA SOUTHLAKE MOB LLC 300 S NOLEN DR 1.84 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent within 200’ and platted subdivision: Twenty-three (23) Responses Received: None (0) Case No. Attachment E ZA17-094 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-439E 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 ZA17-094 Page 2 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, lighti ng 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 ZA17-094 Page 3 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 ZA17-094 Page 4 S-P-2 Regulations with Ord. No. 480-439 June 15, 2004 (ZA04-021) Case No. Attachment E ZA17-094 Page 5 P&Z and City Council motions for Ord. No. 480-439 S-P-2 zoning approved June 15, 2004 (ZA04-021): P&Z Action - May 20, 2004; Approved (6-0) subject to Concept Plan Review Summary No. 2, dated May 14, 2004, as proposed; noting the applicant’s willingness to leave the drainage area in a natural state, and to work with the landscape administrator in locating some required bufferyard plant material in the landscape areas along the sides of the buildings. Council Action - June 1, 2004; Approved first reading (7-0) subject to Concept Plan Review Summary No. 2, dated May 14, 2004; incorporating the recommendations of the Planning and Zoning Commission; and accepting the applicant’s willingness to restrict the impervious coverage on Lot 1 to 75%, Lot 2 to 81.2 %, a maximum of 80% on Lots 3, 4, and 5 with an overall combined maximum impervious coverage on all lots of 75%; and accepting the applicant’s agreement to further eliminate the following I -1 uses: machine shop, mini-warehouses, aluminum product fabrication, broom manufacturing, cold storage warehouse, compounding of cosmetics and toiletries, janitorial or cleaning services, mattress manufacturing or renovation, and manufacturing of medical and dental equipment. June 15, 2004; Approved second reading (7 -0) subject to Concept Plan Review Summary No. 3, dated June 9, 2004; and subject to conditions set at first reading. Case No. Attachment E ZA17-094 Page 6 S-P-2 Zoning Letter and Regulations for Lot 5R with Ord. No. 480-439a approved January 18, 2011 (ZA10-065) Case No. Attachment E ZA17-094 Page 7 Case No. Attachment E ZA17-094 Page 8 P&Z and City Council motions for Lot 5R (shown as Lot 3 on the Concept Plan) S-P-2 zoning approved with Ordinance 480-439a on January 18, 2011 (ZA10-065): P&Z Action: December 9, 2010; Approved (4 -0), subject to the staff report dated December 9, 2010, granting the variance to driveway stacking depth, noting the applicant’s willingness to modify the storm drain routing on the northern portion of the lot in an attempt to save trees 455, 441, 442 and 443, noting the applicant’s willingness to modify the driveway routing in an attempt to save tree 424, and on that same drive, any grade changes that could be done to save that tree would be appreciated, and also noting the applicant’s willingness to look into changing the covered parking structures to match the canopies that are used on the building. Council Action: January 4, 2011; Approved 1 st reading on consent (7-0), with the comments made by Council during work session, which include contacting the lender to inquire about removing the industrial uses, providing landscaping all around the base of the building, addressing the landscape administrator’s comments a-e, providing lighting according to the City’s ordinances and revising the covered parking structure to match the canopies on the building. January 18, 2011; Approved 2nd reading (5-0), granting the requested variance to driveway stacking, subject to P&Z’s recommendations, subject to the applicant’s presentation, subject to the revised S -P-2 letter dated January 18, 2011 limiting permitted uses and allowing covered p arking over twelve spaces, and subject to Site Plan Review Summary No. 3, dated December 17, 2010: 1. The metal halide lighting shown on the Site Plan – Photometric does not meet the requirements of Lighting Ord. No. 693 B, requiring that luminaires on poles over 42” in height and exterior mounted light fixtures shall be high pressure sodium or other lights giving a similar soft lighting effect. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. 2. Provide the agreement for the off-site private drainage facilities. S-P-2 Zoning Letter and Regulations for Ordinance No. 480-439b approved October 18, 2011(ZA11-027): All previously approved uses and regulations described in the S-P-2 letter dated January 18, 2011 (above) are unchanged. P&Z and City Council motions for S-P-2 zoning approved with Ord. 480- 439b on October 26, 2011 (ZA11-027): P&Z Action: September 8, 2011; Approved (6-0) subject to Staff Review Summary No. 2, dated September 2, 2011; also requesting the owner of Lot 1 to clarify language in their submitted letter of support regarding the term “replat.” Council Action: October 4, 2011; Approved on consent (7 -0) at 1st reading as presented. Case No. Attachment E ZA17-094 Page 9 October 18, 2011; Approved at 2nd reading (7-0) subject to Revised Concept/Site Plan Review Summary No. 3, dated October 4, 2011: 1. To add the two parking spaces along S. Nolen, please reduce the parking islands besides the one with the large Oak tree and leave the is land with the oak tree undisturbed. (Shown on attached Site/Concept Plan submitted November 16, 2011). 2. Provide fire lanes in compliance with the City Fire Code. The minimum inside curve radius is 30’ and outside radius is 54’. 3. An encroachment agreement processed through Public Works may be required for any structure constructed in the Drainage Easement. 4. Please provide a Drainage Easement by separate instrument to incorporate the portion of the existing drainage channel that is not included in the Drainage Easements recorded in Vol. 17100, pg. 97 and Vol. 17100 pg. 100, Deed Records, Tarrant County, Texas. Case No. Attachment E ZA17-094 Page 10 S-P-2 Zoning Regulations for Lot 4R, Block 5 with Ord. No. 480-439C approved September 6, 2016 (ZA16-044) Case No. Attachment E ZA17-094 Page 11 City Council motion for S-P-2 zoning approved with Ord. 480-439C on September 6, 2016 (ZA16-044): September 6, 2016; Approved at 2nd reading subject to Staff Report dated August 30, 2016 and Concept/Site Plan Review Summary No. 3 dated July 28, 2016 and noting: • Accepting the revised Corner Stone Business Park revised SP-2 regulations and noting the following changes for Lot 5 (aka Lot 4R, Block 5): Case No. Attachment E ZA17-094 Page 12 • Allowing the uses permitted in the O-1 office district to also include ambulatory surgery center as a permitted use; • Revising regulation #4 to state that the required parking for lot 4R, Block 5 will be 9.6 spaces per procedure room at 5 rooms not to exceed 48 spaces in total (the included S-P-2 regulations have been revised to reflect this change) ; • Accepting regulation #5 as it relates to the loading space requirement of one loading space at 10’ x 35’; • Accepting regulation #8 accepting the tree preservation plan as presented; and, • Finally accepting the revised landscape/site plan presented this evening showing a reduction in parking from 50 spaces to 48 spaces and noting additional planting of one Live Oak and 65 Mexican Feathergrass plants. Concept/Site Plan Review Summary No. 3 dated July 28, 2016 Planning Review 1. 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. 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.” b. 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’. c. 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 façade material breakdown, please change “matrail” to “material”. Tree Conservation/Landscape Review LANDSCAPE COMMENTS: 1. Required Parking lot island trees and associated landscaping do count toward interior lands cape 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 Case No. Attachment E ZA17-094 Page 13 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. Public Works/Engineering Review WATER AND SEWER COMMENTS: 1. Clearly label all public and private water and sewer lines. 2. 6” sanitary sewers require manholes at each end. DRAINAGE COMMENTS: 1. 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 construct ion. 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. Fire Department Review 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). Case No. Attachment E ZA17-094 Page 14 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 needs to be an all-weather surface, asphalt or concrete, a minimum o f 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 a nd 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) S-P-2 Zoning Regulations for Lot 4R, Block 5 with Ord. No. 480-439D approved August 15, 2017 (ZA17-044) for elevation changes - No changes to uses or regulations from Ordinance No. 480-439C City Council motion for S-P-2 zoning with Ord. 480-439D (ZA17-044): August 15, 2017; Approved at 2nd reading (5-0) subject to the staff report dated August 15, 2017 and the Revised Concept/Site Plan Review Summary No. 2, dated August 15, 2017, - granting a variance to Section 44.19.d.1.c (ii) of the City’s Zoning Ordinance that requires that on all nonresidential buildings visible from rights of -way as defined (including Nolen Dr.) that no horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall’s height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. This variance is being granted to allow the parapet wall to be extended to the south on the front elevation to allow the screening of the rooftop mechanical equipment from Nolen Drive; and - also noting that the only modifications to the previous zoning approval are the following modifications to the site plan which include: 1. The glass wall on the northeast elevation is cha nged to stucco with punched window openings per the elevation presented; and 2. The parapet wall on the northwest elevation has been increased to screen the mechanical equipment from S. Nolen Dr. per the elevation presented; and - also noting that the facade materials will match the sample board presented this evening; and that all other zoning and site plan requirements from the previous approval shall remain in place. Revised Concept/Site Plan Review Summary No. 2, dated August 15, 2017: Case No. Attachment E ZA17-094 Page 15 1. No changes to the previously approved plans other than the ones shown on the currently submitted plans are proposed and all previous conditions of approval remain in effect. General Informational Comments * Zoning Ordinance No. 480, Section 44.19.d.1.c(ii) requires that on all nonresidential buildings visible from rights-of-way as defined (including Nolen Dr.), no horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall’s height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. The maximum wall length allowed without vertical articulation is 66’ (3 x 22’). A variance is requested to allow the southwest wall to extend approximately 105’ without vertical articulation. * A SPIN meeting for the TDDC Ambulatory Surgery Center (ZA16 -044) 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 previously approved 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. * The previous City Council motion for approval of the “S -P-2” Zoning Change and Concept/Site Plan for the TDDC Ambulatory Surgery Center is below for reference purposes: Case No. Attachment E ZA17-094 Page 16 September 6, 2016; Approved at 2nd reading subject to Staff Report dated August 30, 2016 and Concept/Site Plan Review Summary No. 3 dated July 28, 2016 and noting: Accepting the revised Corner Stone Business Park revised SP-2 regulations and noting the following changes for Lot 5 (aka Lot 4R, Block 5): • Allowing the uses permitted in the O-1 office district to also include ambulatory surgery center as a permitted use; • Revising regulation #4 to state that the required parking for lot 4R, Block 5 will be 9.6 spaces per procedure room at 5 rooms not to exceed 48 spaces in total; • Accepting regulation #5 as it relates to the loading space requirement of one loading space at 10’ x 35’; • Accepting regulation #8 accepting the tree preservation plan as presented; and, • Finally accepting the revised landscape/site plan presented this evening showing a reduction in parking from 50 spaces to 48 spaces and noting additional planting of one Live Oak and 65 Mexican Feathergrass plants. * Denotes Informational Comment S-P-2 Zoning Regulations approved with Ord. No. 480-439E approved _____ (ZA17-094) Reserved for approved regulations 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 Ordina nce are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Case No. Attachment E ZA17-094 Page 17 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 buildi ngs 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 o rdinances 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 Case No. Attachment E ZA17-094 Page 18 comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting ou t 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 _____, 2018. _________________________________ MAYOR Case No. Attachment E ZA17-094 Page 19 ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of ______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-094 Page 20 EXHIBIT “A” Being described as Lot 4R, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slide 9866, Plat Records, Tarrant County, Texas and being approximately 1.558 acres. Case No. Attachment E ZA17-094 Page 21 EXHIBIT “B” ORIGINAL CONCEPT PLAN (ZA04-021) APPROVED JUNE 15, 2004 ORDINANCE NO. 480-439) Case No. Attachment E ZA17-094 Page 22 CONCEPT PLAN (ZA10-065) APPROVED JANUARY 18, 2011 (ORD. NO. 480-439A) Case No. Attachment E ZA17-094 Page 23 SITE PLAN (ZA10-065) SUBMITTED DECEMBER 17, 2010 (ORD. NO. 480-439A) Case No. Attachment E ZA17-094 Page 24 TREE CONSERVATION PLAN (ZA10-065) SUBMITTED DECEMBER 17, 2010 (ORD. NO. 480-439A) Case No. Attachment E ZA17-094 Page 25 LANDSCAPE PLAN (ZA10-065) SUBMITTED JANUARY 10, 2011 (ORD. NO. 480-439A) Case No. Attachment E ZA17-094 Page 26 ELEVATIONS (ZA10-065) SUBMITTED JANUARY 10, 2011 (ORD. NO. 480-439A) Case No. Attachment E ZA17-094 Page 27 RENDERING (ZA10-065) WITH REVISED COVERED PARKING SUBMITTED JANUARY 10, 2011 (ORD. NO. 480-439A) RENDERINGS ZA10-065) SUBMITTED NOVEMBER 22, 2010 (ORD. NO. 480-439A) Case No. Attachment E ZA17-094 Page 28 CONCEPT/SITE PLAN (ZA11-027) APPROVED OCTOBER 18, 2011 (ORD. NO. 480-439B) Case No. Attachment E ZA17-094 Page 29 CONCEPT PLAN (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 30 SITE PLAN (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 31 RENDERINGS (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 32 ELEVATIONS (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 33 MATERIALS (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 34 TREE CONSERVATION PLAN (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 35 LANDSCAPE PLAN (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 36 LANDSCAPE PLAN (ZA16-044) APPROVED SEPTEMBER 6, 2016 (ORD. NO. 480-439C) Case No. Attachment E ZA17-094 Page 37 ELEVATIONS AND MATERIALS (ZA17-044) APPROVED AUGUST 15, 2017 (ORD. NO. 480-439D) – NO OTHER CHANGES TO PREVIOUS PLANS Case No. Attachment E ZA17-094 Page 38 Case No. Attachment E ZA17-094 Page 39 Case No. Attachment E ZA17-094 Page 40 CONCEPT PLAN (ORD. NO. 480-439E) – NO OTHER CHANGES TO PREVIOUS PLANS RESERVED FOR APPROVED PLAN