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7B & 7Cz 3 0 w ad co F— t I I Ne, +. c a, Z Q O ru o cu ° m t a, u c m Y co go a)> O O > � l � O co co c o c a, }. 0 a' � `n O u c a --JV w `��' 0 N zo O a v o �- > o0 W 0 0 +� L a L ° � c now* Z aJ U O of N O n 4.d On N L L O W O r4 N V V MO z J O J O O 0 O O� W Z 0 m 0 Z W 0 rZ a a a c W Or H Z W J m i M F N w W N W O � rn C3, o Q 't co LU LL a a� v 4 9 N------ ------- -31 W, t Z5S C3 bb, *lizo LL) L to Ulm A Ul I I 1W db A p 13 0 {U (U O z vi LO O 0m V O cu O 7 13 SOUTHLAKE Department of Planning & Development Services STAFF REPORT February 6, 2018 CASE NO: ZA17-099 PROJECT: Zoning Change and Site Plan for 305 S. Nolen Dr. Professional Offices EXECUTIVE SUMMARY: Castle Development Group by Baird, Hampton & Brown is requesting 1st reading approval of a Zoning Change and Site Plan for 305 S. Nolen Dr. Professional Offices on property described as Lot 1 R and a portion of Lot 2R1 R, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 305 and 405 S. Nolen Drive, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District and "S-P- 2" Generalized Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8. REQUEST DETAILS: The property is located on the east side of S. Nolen Drive, approximately 500 feet south of E. Southlake Blvd. The existing "S-P-1" Zoning and Site Plan for TrueZero was approved in 2015 under City case ZA15-030 for a single -story 12,000 square foot office building, to be occupied by a single tenant and located on Lot 1 R, Block 5, Cornerstone Business Park Addition. That development was never constructed. The purpose of this request is to seek 1st reading approval of a Zoning Change and Site Plan to develop two approximately 6,000 square foot single -story medical office buildings on approximately 2.14 acres which includes all of Lot 1 R (currently zoned S-P-1) and a portion of Lot 2R1 R (currently zoned S-P-2), Block 5, Cornerstone Business Park Addition. An Amended Plat is currently in process to revise the boundary between Lots 1 R and 2R1 R, Block 5, Cornerstone Business Park Addition and an associated Zoning Change and Concept Plan (ZA17-094) is being processed to revise the "S-P-2" boundary for Lot 2R1 R, Block 5, Cornerstone Business Park. The requested "S-P-1" Detailed Site Plan District includes all uses allowed under "0-1" Office District and to also include ambulatory surgery center as a permitted use; as well as the following regulations: 1. The property shall be subject to the development regulations of the "0- 1" Office District with the following exception: a. No bufferyard is required on the southeast boundary of Lot 1R1, due to the existing drainage easement and channel located between Lots 1 R and 2R1 R (to be amended as Lots 1 R1 and 2R1 R1); said channel to remain in a natural state. Case No. ZA17-099 y Site Data Summary Phase 1 Phase 2 Total Existing Zoning "S-P-1" and "S-P-2" "S-P-1" and "S-P-2" "S-P-1" and "S-P-2" Pro osed Zoning "S-P-1" "S-P-1" "S-P-1" Land Use Designation Office Commercial Office Commercial Office Commercial Gross/Net Acreage 1.02 ac. 1.12 ac. 2.14 ac. Total Building Floor Area (Medical Office) 6,000 s.f. 6,000 s.f. 12,000 s.f. Building Height/Number of Stories 31 feet/1-story 31 feet/1-story 31 feet/1-story Open Space % 36.80% 45.40% 41.29% Permeable Pavement % 12.81 % 13.51 % 13.17% Impervious Coverage % 50.39% 41.09% 45.53% Total Parking Required 42 42 84 Total Parking Spaces Provided 42 45 87 VARIANCE REQUEST: Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum spacing of 250 feet between driveway centerlines on an arterial. The applicant is requesting a spacing distance of approximately 176 feet between the proposed driveway centerline and the existing driveway centerline to the north be allowed in order to align the proposed driveway with the existing driveway across South Nolen Drive. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Site Plan Review Summary No. 3, dated February 6, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-736 Full Size Plans (for Commission and Council members only) Link to Presentation Link to Narrative Link to S-P-1 Regulations Link to Sight Distance Memo of Understanding Link to Plans Site Plan — Page 4 Grading & Drainage Plan — Page 6 Tree Conservation Plan — Page 9 Landscape Plan — Page 10 Elevations — Page 13 Color Renderings — Page 14 Line of Site Exhibit — Page 15 Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA17-099 OWNER: BACKGROUND INFORMATION Geotel Group Inc. APPLICANT: Castle Development Group by Baird, Hampton & Brown PROPERTY SITUATION: 305 and 405 S. Nolen Drive LEGAL DESCRIPTION: Lot 1 R and a portion of Lot 2R1 R, Block 5, Cornerstone Business Park Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: S-P-1 — Detailed Site Plan District and S-P-2 — Generalized Site Plan District PROPOSED ZONING: S-P-1 — Detailed Site Plan District HISTORY: -A zoning change from "AG to "0-1" 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 "0-1" 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 October 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 site plan / concept plan (ZA11-027) 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 the site/concept plan for Lots 1 R, 2R1 R, 3R, 4R and 5R1, Block 5, Cornerstone Business Park was approved by City Council on October 18, 2011. -A zoning change and site plan (ZA15-030) from "S-P-2" General Site Plan District to "S-P-1" Detailed Site Plan District for TrueZero was approved by City Council on June 16, 2015. A condition of the City Council approval for TrueZero included a stipulation that, absent an agreement with the adjacent property owner to the north to obtain a clear line of sight, subject to the concurrence of Public Works, Council recommended that we have a right turn only and that Public Works will work with the applicant to determine the safest ingress/egress according to that sight line distance. Case No. ZA17-099 Attachment A Page 1 SOUTHLAKE 2030 PLAN: TRANSPORTATION ASSESSMENT: Consolidated Future Land Use Plan: The underlying land use designation for this property is "Office Commercial." The proposed development is consistent with the recommended scope of uses under the "Office Commercial" land use designation. Master Thoroughfare Plan: The Mobility and Master Thoroughfare a three lane undivided arterial with Southlake Blvd. and Crooked Ln. Plan icaenuiic5 0. INLAU i viive d5 70' of right of way between E. Pathways Master Plan The applicant shows the required 5-foot sidewalk along S. Nolen Drive on the submitted site plan. Existing Area Road Network and Conditions This location proposes one access point from S. Nolen Drive. The existing driveway located on the W. side of S. Nolen Drive at 300 S. Nolen Drive, Nolen Office Park was approved with the condition that upon construction of Village Center Dr. if staff deems it necessary, the driveway can be changed to right -in right -out only. A condition of the City Council approval for TrueZero included a stipulation that, absent an agreement with the adjacent property owner to the north to obtain a clear line of sight, subject to the concurrence of Public Works, Council recommended that we have a right turn only and that Public Works will work with the applicant to determine the safest ingress/egress according to that sight line distance. The applicant is proposing a full access driveway. * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact Vehicle 1 rips 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, 7`h Edition WATER & SEWER: Water There is an existing 12" water line which runs along the east side of S. Nolen Drive that will serve this development. Case No. Attachment A ZA17-099 Page 2 Sewer Sewer is proposed to be extended to the property from an existing 8" sewer line along the west side of S. Nolen Drive. TREE PRESERVATION: There is approximately 62.8% of existing tree cover on the site. If the request was for a straight zoning change, 40% of the existing canopy would be required to be preserved. The applicant is proposing to preserve approximately 16.8% of the existing tree cover on the property. For property sought to be zoned S-P-1 Site Plan, City Council shall consider the application for a Tree Conservation Analysis or Plan in conjunction with the corresponding development application. CITIZEN INPUT: A SPIN meeting was held for this project December 12, 2017. 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 Site Plan Review Summary No. 2 dated January 12, 2018, specifically granting the variance related to the driveway ordinance issue, and also including in the motion the same stipulation that was placed on the property in a previous approval regarding the sight line, stipulating that absent an agreement with the adjacent property owner to the north to obtain a clear line of sight, subject to the concurrence of Public Works, Council recommends and this Commission recommends to have just a right turn only and that Public Works will work with the applicant to determine the safest ingress/egress according to the sight line distance and that this requirement is to be put in the application and this approval in perpetuity otherwise jeopardizing the initially granted access. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated February 6, 2018. The criteria for granting a variance to Driveway Ordinance No. 634 are below: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create and 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 will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Case No. Attachment A ZA17-099 Page 3 APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Non -Residential Development Overlay -Building Articulation Y Complies Masonry Standards Y Complies -impervious Coverage Y Complies Buffe ards Y "S-P-1" regulation added for no southeast buffe and Interior Landscape Y Complies Tree Preservation Y "S-P-1" Sidewalks Y Complies Case No. ZA17-099 Attachment A Page 4 Vicinity Map 305 S. Nolen Dr. z�. s: 41 Z-Hc 2d� — 2a%5 242Q� b ISt, 2ya zr� :e;s _ 2>� :s:, 8&Va :ate r .... ''a' 233, xsa: rs r} F� M 2j 95 33?5 7iE A � s Y ZA17-099 Zoning Change and Site Plan _ 0 395 790 1,58 eet 5 Case No. ZA17-099 Attachment B Page 1 Case No.: ZA17-099 REVISED SITE PLAN REVIEW SUMMARY Review No.: Three Project Name: Site Plan — 305 S. Nolen Dr. APPLICANT: Konstantine Bakintas, PE Baird, Hampton and Brown Inc. 3801 William D. Tate, Ste. 500 Grapevine, TX Phone: (817) 251-8550 E-mail: kb@bhbinc.com Date of Review: 02/06/18 OWNER: Andrew Miller Geotel Group, Inc. 251 E. Southlake Blvd. Ste. 100 Southlake, TX 76092 Phone: (817) 337-3433 E-mail: amiller@castledevgroup.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/25/18 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. The requested "S-P-1" zoning is site specific zoning. Changes to the City Council approved plans requires approval of a Zoning Change and Site Plan. 2. These review comments are based on plans showing two buildings in two phases on one platted lot. To subdivide the lot into two lots, approval of a Zoning Change and Site Plan by the City Council following a recommendation by the Planning and Zoning Commission to modify the "S-P-1" zoning district will be required. 3. 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. 4. Driveway Ordinance No 634, as amended, Section 5.1 requires a minimum spacing of 250 feet between the proposed driveway centerline and the existing driveway centerline to the north. The applicant is requesting a variance to allow a spacing distance of approximately 176 feet (±183' at curb). The variance is requested to allow the proposed driveway to align with the existing driveway across S. Nolen Dr. 5. Show and label the extent of the driveway to be striped as a Fire Lane. 6. Please be aware that a condition of the previous City Council approval for TrueZero included a stipulation that, absent an agreement with the adjacent property owner to the north to obtain a clear line of sight, subject to the concurrence of Public Works, Council recommended that we have a right turn only and that Public Works will work with the applicant to determine the safest ingress/egress according to that sight line distance. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Case No. Attachment C ZA17-099 Page 1 Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: There is ±62.8% of existing tree cover on the site and ±16.8% of the existing tree cover is proposed to be preserved. With a straight zoning request, a minimum of 40% of the existing tree cover would be required to be preserved. 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 the entire site Minimum percentage of the existing tree cover to be reserved* 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; 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 Case No. Attachment C ZA17-099 Page 2 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 AND BUFFERYARD COMMENTS: Existing tree credits are proposed to be taken for interior landscape and bufferyards required canopy tree and accent trees. 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 Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 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, if applicable. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. Case No. Attachment C ZA17-099 Page 3 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 EASEMENTS: Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 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. SANITARY SEWER COMMENTS: Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: Calculations will be required to verify capacity of proposed curb inlets. 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: http://www.cityofsouthlake.com/PublicVVorks/engineeringdesign.asp Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre -construction, construction and post -construction erosion control measures. 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. Case No. Attachment C ZA17-099 Page 4 *=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: Plans indicate two Medical Office Buildings that are exactly 6,000 square feet, while this is the maximum square footage allowed in a structure that does not require an automatic fire sprinkler system, if the Medical Office Buildings become an ambulatory care facility then an automatic fire sprinkler system or a manual fire alarm system will be required depending on code requirements with specifications provided. FIRE HYDRANT COMMENTS: Due to square footage of proposed buildings and type of construction, a second fire hydrant will be required on the property, as required by Appendix B and Appendix C of the 2015 International Fire Code. Space the additional fire hydrant a maximum of 300 feet from the proposed hydrant shown on the plan and provide a utility easement for the hydrant if it will not be located in the right of way or in an existing easement. The following should be informational comments only A SPIN meeting for this development was held December 12, 2017. Grasscrete pavement is not a permitted material for parking areas. The definition of Permeable Pavement in Ordinance No. 480, as amended, Section 4.2 — Definitions, is as follows: PERMEABLE PAVEMENT — Also known as porous or pervious pavement, shall consist of cement or asphalt which meets the minimum load bearing specifications utilized for an equivalent impervious dust free all-weather surface. A surface will be considered permeable if it is engineered and installed to current industry standards upon soil which is appropriate to receive and abate the intake of water from the permeable surface (0.5 inches or greater of penetration per hour). Prior to certificate of occupancy, a letter of certification must be provided to the City by the engineer of record which verifies the installation and performance of the permeable pavement. The performance of the permeable surface must be maintained at regular intervals and as needed through cleaning and/or sweeping. Damaged, worn, rutted or non -performing areas, or areas which have exceeded their usable lifespan must be replaced with like materials of the same specification in accordance with Section 35.4. Permeable pavement is not appropriate in areas of high traffic or where heavy machinery or trucks larger than one (1) ton routinely traverse, or downstream of areas where toxic chemicals are routinely handled or transported or where gas or fueling stations are located. Case No. Attachment C ZA17-099 Page 5 Modular pavers which allow for water infiltration shall be considered permeable pavement on a case by case basis if the pavers meet the performance standards of permeable pavement, are made of load bearing masonry material and contribute to the aesthetics of the site. For the purposes of this ordinance, in no case shall the use of grass pavers, grasscrete, honeycomb or grid systems, non -masonry tiles or pavers, or any system utilizing exposed grass, vegetation, gravel, sand, or equivalent material as a primary parking surface constitute permeable pavement, a pervious surface for the purposes of calculating impervious coverage, or an all-weather surface as defined in this section. (As amended by Ordinance No. 480-VVVV.) Please see Zoning Ordinance No. 480, as amended, Section 35.2 below for the type of parking surface that is required: TYPE OF PARKING SURFACE REQUIRED - All parking and vehicle use areas shall be of an all-weather surface material and constructed in accordance with applicable codes. Permeable pavement such as permeable asphalt, concrete or equivalent shall be considered an all-weather surface if it is designed by a licensed engineer experienced in the design of permeable pavement, is installed to industry standards, and meets the definition of permeable pavement in Section 4.2. When permeable asphalt or concrete are utilized, the application must be uniform in material and appearance. Permeable asphalt and concrete shall not be utilized simultaneously on a property or within a contiguous off-street parking area. If permeable asphalt or concrete is utilized in off-street parking applications along with conventional materials, the permeable and conventional materials shall be of the same type and of similar appearance. (As amended by Ordinance No. 480-VVVV.) If an approved permeable pavement is proposed to be used for parking areas for the purposes of calculating stormwater utility system fees, the developer may be credited at a fifty percent (50%) rate for the total square footage of off-street parking area on which permeable pavement, as defined, is utilized on the site. 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 of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, Case No. Attachment C ZA17-099 Page 6 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 review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. Denotes Informational Comment Case No. ZA17-099 Attachment C Page 7 SURROUNDING PROPERTY OWNERS & RESPONSES 5 �c 243$ 2535 z3fT Asa ` 252 7 c,� c 2757 2757 O 7 s br �� 3 s $y ry G� a $! 716 725 �� 2515 2519 2825 2535 25<5 2B r � � Owner Zoning Address Acreage Response 1. BTR-8 SOUTHLAKE LLC SP2 2707 E SOUTHLAKE BLVD 5.76 NR 2. ORION SKY PROPERTIES LLC SP2 2757 E SOUTHLAKE BLVD 3.61 NR 3. TRUEZERO PROPERTIES LLC SP1 305 S NOLEN DR 1.56 NR 4. PONY INVESTMENTS LLC SP2 405 S NOLEN DR 2.53 NR 5. HARBOR TOWN PARTNERS LP SP2 415 S NOLEN DR 2.73 NR 6. GATEWAY CHURCH SP1 500 S NOLEN DR 5.54 NR 7. SOUTHLAKE FLEX PROPERTIES LLC 11 525 S NOLEN DR 1.63 NR 8. SOUTHLAKE FLEX PROPERTIES LLC 11 535 S NOLEN DR 1.64 NR 9. CHARLESTON COURT LP 11 545 SILICON DR 2.59 NR 10. FS BUILDING LLC 11 530 S NOLEN DR 1.07 NR 11. SOUTHLAKE FLEX PROPERTIES LLC 11 545 S NOLEN DR 1.62 NR 12. GATEWAY CHURCH 11 540 S NOLEN DR 1.55 NR 13. FULBRIGHT MAYS TRUST 11 2825 EXCHANGE BLVD 1.15 NR 14. FOBT PROPERTIES LP SP2 515 S NOLEN DR 1.55 NR 15. SEVENINVEST LLC SP2 505 S NOLEN DR 2.65 NR 16. CHARLESTON COURT LP 01 530 SILICON DR 4.85 NR 17. 1700LACY LLC 11 2815 EXCHANGE BLVD 1.76 NR 18. DRS GROUP LLC 11 2819 EXCHANGE BLVD 0.93 NR 19. CARBIUM CAPITAL LLC SP1 410 S NOLEN DR 0.60 NR 20. CARBIUM CAPITAL LLC SP1 416 S NOLEN DR 0.60 NR 21. MYAN PLAZA LP 01 520 SILICON DR 1.43 NR 22. CARBIUM CAPITAL LLC SP1 512 SILICON DR 0.65 NR 23. CARBIUM CAPITAL LLC SP1 516 SILICON DR 0.73 NR Case No. Attachment D ZA17-099 Page 1 24. CARBIUM CAPITAL LLC SP1 508 SILICON DR 0.66 NR 25. SHANKLIN, HAROLD EST AG 2627 E SOUTHLAKE BLVD 3.88 NR 26. ZADA M WHITE ESTATE TRUST AG 2450 CROOKED LN 12.94 NR 27. MPA SOUTH LAKE MOB LLC SP1 300 S NOLEN DR 1.84 NR Responses: F: In Favor Notices Sent: Twenty-three (23) Responses Received: None (0) O: Opposed To U: Undecided NR: No Response Case No. Attachment D ZA17-099 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-736 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 1 R AND A PORTION OF LOT 2R1 R, BLOCK 5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT AND "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" USES TO INCLUDE AMBULATORY SURGERY CENTER AS A PERMITTED USE, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the 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-1" Detailed Site Plan District and "S-P-2" Generalized Site Plan District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA17-099 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment E ZA17-099 Page 2 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 1 R and a portion of Lot 2R1 R, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, being approximately 2.14 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District and "S-P-2" Generalized Site Plan 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 subject to the following conditions: Case No. Attachment E ZA17-099 Page 3 1. 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. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment E ZA17-099 Page 4 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 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, Case No. Attachment E ZA17-099 Page 5 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. 4-*449[Q1,5to] 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 1" reading the day of , 2018. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2"d reading the day of , 2018. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA17-099 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA17-099 Page 7 r��au:11WTAI Being described as Lot 1 R and a portion of Lot 2R1 R, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, and more fully and completely described as follows: Reserved for Metes and Bounds Description Case No. Attachment E ZA17-099 Page 8 .■ C Reserved for approved plans Case No. Attachment E ZA17-099 Page 9