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Item 6ICase No. ZA18-0004 S T A F F R E P O R T May 29, 2018 CASE NO: ZA18-0004 PROJECT: Zoning Change and Site Plan for Southlake Commons EXECUTIVE SUMMARY: Sage Group, Inc. is requesting 2nd reading approval of a Zoning Change and Site Plan for Southlake Commons on property described as Lots 20-23, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 171 - 211 W. Southlake Blvd., Southlake, Texas. Current Zoning: “O-1” Office District, Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood # 10. DETAILS: The project is generally located south of W. Southlake Blvd. and west of S. White Chapel Blvd. adjacent to First Financial Bank. The purpose of this item is to seek 2nd reading approval of a Zoning Change and Site Plan from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow construction of ten (10) single-story general and medical office buildings totaling approximately 64,676 square feet on approximately 7.5 acres. The five (5) southernmost buildings shown on Lot 20 are consistent with the Site Plan Option A that was approved for Lot 20 on January 17, 2017 (Case No. ZA16- 107). The project proposes connections to existing driveways that access onto W. Southlake Blvd. and S. White Chapel Blvd. Site Data Summary Lot 20 Lot 21 Lot 22 Lot 23 Total Existing Zoning “O-1” “O-1” “O-1” “O-1” “O-1” Proposed Zoning “S-P-1” “S-P-1” “S-P-1” “S-P-1” “S-P-1” Gross/Net Acreage 3.41 ac. 1.48 ac. 1.39 ac. 1.22 ac. 7.5 ac. Open Space Area 1.36 ac. 0.38 ac. 0.37 ac. 0.39 ac. 2.50 ac. Open Space % 39.88% 25.68% 26.62% 31.97% 33.33% Imp. Coverage Area 2.05 ac. 1.10 ac. 1.02 ac. 0.83 ac. 5.00 ac. Imp. Coverage % 60.12% 74.32% 73.38% 68.03% 66.67% Total Bldg. Area 27,854 sf 13,314 sf 12,670 sf 10,838 sf 64,676 sf Leasable Area 25,643 sf 13,315 sf 12,667 sf 10,838 sf 62,463 sf Parking required for entire site per S-P-1 1 space/185 sf - - - - 338 Parking Provided 148 69 67 55 339 Department of Planning & Development Services Case No. ZA18-0004 The regulations will follow the “O-1” Office District regulations and all other regulations in Zoning Ord. No. 480, as amended, with the following exceptions: Regulation “O-1” District “S-P-1” Regulation Side Yard Setback 15’ No setbacks required along internal lot lines. Max. Impervious Coverage 65% 67% Off-street parking 1 space per 1st 1,000 sf and then 1/150 for medical office and 1/300 for general office 1space/185 sf for the site as a whole Bufferyards 5’ Type ‘A’ along internal lot lines No bufferyards required along internal lot lines Dumpster Location To the side or rear of the principal building Dumpster enclosure permitted in the locations shown on the Site Plan. VARIANCE REQUESTED: Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100’ if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces exceeds 200. The applicant is proposing stacking depths of approximately 70’ on the W. Southlake Blvd. driveway, 74’ on the north S. White Chapel Blvd. driveway and 18’ on the south S. White Chapel Blvd. driveway to allow the development to be served by the existing driveways to and from the adjacent properties. City Council approved the item at 1st Reading on May 15, 2018 with the following conditions: City Council Conditions at 1st Reading Applicant’s Response The applicant has agreed to install new fencing along the entire length of the south boundary that is adjacent to the residential homeowners and the fence posts will be viewed from the applicant’s property, that being the north side of the fence The applicant agreed to this condition at the May 15, 2018 City Council meeting. The Site Plan shows an 8’ cedar fence w/cap on steel columns adjacent to the residential properties to the south. Staff added a comment to the review summary to revise the label to state that the steel columns are to be located on the north side of the fence. The applicant has indicated a willingness to consider matching the building and roofing materials indicated on Buildings 1-5, matching to Buildings 6-10, by 2nd Reading. The applicant submitted revised elevations of Buildings 6-10 with the materials revised to match Buildings 1-5, which show brick façades and tile roofs. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated May 29, 2018 (D) Surrounding Property Owners Map (E) Ordinance No. 480-744 Full Size Plans (for Commission and Council members only) Case No. ZA18-0004 Link to PowerPoint Presentation Link to “S-P-1” Regulations and Variance Request Letter Link to Plans Link to Traffic Impact Analysis (TIA) Link to TIA Review Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-0004 Page 1 BACKGROUND INFORMATION OWNER: Gloria Lechler Trust, et al APPLICANT: Sage Group, Inc. PROPERTY SITUATION: Generally located south of W. Southlake Blvd. and west of S. White Chapel Blvd. at 171 - 211 W. Southlake Blvd. LEGAL DESCRIPTION: Lots 20-23, H. Granberry Addition No. 581 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “O-1” Office District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “O-1” uses. HISTORY: - The property was annexed into the City in 1956 and given the “AG” Agricultural District zoning designation. (Ord. No. 041). - The "O-1" Office District zoning was placed on the property with approval of Zoning Ordinance No. 480 and the Official Zoning Map on September 19, 1989. - A Zoning Change and Site Plan (ZA16-057) from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow construction of three single-story retail commercial buildings and five single-story office buildings totaling 51,638 square feet approximately on approximately 7.5 acres was withdrawn at first reading of City Council on November 1, 2016. - A Site Plan (ZA16-107) for four to five single-story office buildings totaling approximately 27,562 to 27,725 square feet on approximately 3.3 acres was approved by City Council January 17, 2017. - A Plat Showing (ZA16-106) for Lots 20-23, H. Granberry No. 581 Addition was approved by City Council January 17, 2017. - A Zoning Change and Site Plan (ZA17-015) to rezone Lots 20-23, H. Granberry No. 581 Addition, an approximately 4.1 acre property, from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow construction of three single-story retail commercial buildings totaling approximately 21,997 square feet was withdrawn on April 4, 2017. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Office Commercial which is defined in the Southlake 2030 plan as follows: OFFICE COMMERCIAL Purpose and Definition: “The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office-related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been Case No. Attachment A ZA18-0004 Page 2 established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories”. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing 8’ multi-use trail along W. Southlake Blvd. and future <8’ sidewalk along S. White Chapel Blvd. A 5’ sidewalk is required along S. White Chapel Blvd. A review comment has been added to remove “existing” from the label since no sidewalk currently exists. The 5’sidewalk is required to be constructed with the proposed development. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site has direct access to W Southlake Blvd, a six-lane divided arterial with a minimum 130’ to 140’ of right of way and indirect access to S. White Chapel Blvd, which is shown on the Master Thoroughfare Plan as an undivided two-lane arterial with a minimum 88’ of right of way. S. White Chapel Blvd. is constructed a four-lane divided arterial with center turn lanes adjacent to the subject property. Adequate right of way appears to exist for this project pending the TIA review. Traffic Impact An update of a previous Traffic Impact Analysis (TIA) was submitted for this project. Link to TIA The response from the City’s Consultant is also attached. Link to TIA review TREE PRESERVATION: If the development was proposed to be traditional zoning, the existing tree cover preservation would comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover is 6.30% and 70% of the existing tree cover would be required to be preserved. 72.04% of the existing tree cover is proposed to be preserved. 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: Case No. Attachment A ZA18-0004 Page 3 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: Water There is an existing 12” water line along Southlake Blvd that will serve this property. Sewer There is an existing 8” sanitary sewer line along the west property line that will serve this property. DRAINAGE: Drainage will generally sheet flow from east to west to storm inlets proposed on the property and from there be piped to the existing facilities on the Villas of Tuscan Creek property. CITIZEN INPUT: A SPIN meeting for this project was held on May 8, 2018. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: May 3, 2018; A motion to deny the item carried by a vote of (3-1). Commissioners Panahy, Smietana and Rothmeier voted to deny the item. Commissioner Panahy has concerns about the safety of traffic exiting onto Southlake Blvd. that wants to go westbound having to cross four lanes of traffic to get into the left turn lane at the intersection with White Chapel Blvd. to make a U-turn and the stacking of traffic in the left turn lane. Additional concerns are the stacking depth issues caused by traffic waiting to exit onto Southlake Blvd. or waiting to make a left turn onto White Chapel Blvd. at the southern White Chapel driveway. Commissioner Smietana also has concerns about the safety of traffic exiting onto Southlake Blvd. that wants to go westbound having to cross four lanes of traffic to get into the left turn lane at the intersection with White Chapel Blvd. and he would like to see more green space area and less building and parking area. Commissioner Rothmeier did not intend to vote to deny the project and he e-mailed an explanation of his vote to City Council. Link to e-mail Case No. Attachment A ZA18-0004 Page 4 CITY COUNCIL ACTION: May 15, 2018; Approved at 1st reading (7-0) subject to the staff report dated May 8, 2018 and Site Plan Review Summary No. 2, dated April 26, 2018, granting the following variance: - Driveway Ordinance No. 634, as amended, to allow the proposed stacking depths of approximately 70’ on the West Southlake Blvd driveway, 74’ on the north South White Chapel Blvd driveway, and 18’ on the south South White Chapel Blvd. These driveways are currently constructed. - Also noting, the applicant has agreed to install new fencing along the entire length of the south boundary that is adjacent to the residential homeowners and the fence posts will be viewed from the applicant’s property, that being the north side of the fence; and the applicant has indicated a willingness to consider matching the building and roofing materials indicated on Buildings 1-5, matching to Buildings 6-10, by 2nd Reading. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated May 29, 2018. Variance Approval Criteria for Driveway Ordinance No. 634, Article 8.2: Variances – The City Council shall have the authority to grant a variance to this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance 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 ZA18-0004 Page 5 General Development Standards Applies? Comments Overlay Regulations Yes Subject to requirements of Corridor Overlay and Residential Adjacency Overlay Building Articulation Yes Complies Masonry Standards Yes Complies Impervious Coverage Yes “S-P-1” regulation added to allow impervious coverage of 67% Bufferyards Yes “S-P-1” regulation added to not require bufferyards on internal lot boundaries Interior Landscape Yes Complies subject to review comments being addressed Tree Preservation Yes Tree Conservation Plan approved with zoning request- complies with ordinance requirements Sidewalks Yes Complies subject to removing the “existing” label from the sidewalk shown along S. White Chapel Blvd. and constructing the sidewalk with the development. Case No. Attachment B ZA18-0004 Page 1 Case No. Attachment C ZA18-0004 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0004 Review No.: Three Date of Review: 05/29/18 Project Name: Site Plan – Southlake Commons APPLICANT: Curtis Young OWNER: John Stephen (Steve) Church Sage Group, Inc. Gloria Lechler Trust, et al 1130 N Carroll Avenue 4116 H.C. Meacham Blvd Southlake, Texas 76092 Fort Worth, Texas 76135-9574 Phone: 817-424-2626; Fax: 817-424-2890 Phone: 817-707-6855; Fax: 888-702-6844 Email: cyoung@sage-dfw.com Email: stvfwt@aeiwireless.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/25/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. 1. Please make the following change to the Site Plan. a. Show and label the required 30’ front building along S. White Chapel Blvd. and remove the 15’ building line shown. b. The sidewalk along S. White Chapel Blvd. is not existing, so please remove “existing” from the label. Construction of the sidewalk will be required with the development. c. In the Site Data Summary chart, please change the existing zoning to “O -1” only as there is no “S-P-1” zoning on any of the property. 2. Please revise the label on the Site Plan for the 8’ cedar fence w/cap on steel columns adjacent to the residential properties to the south to state that the steel columns are to be located on the north side of the fence. 3. Please make the following changes regarding the elevations: a. Staff strongly recommends providing a material sample board with all exterior materials for the P&Z Commission and City Council meetings. 4. Provide a copy of an executed and recorded cross access, reciprocal parking and maintenance agreement prior to the issuance of any building permits. 5. Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100’ if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces exceeds 200. The applicant is proposing stacking depths of approximately 70’ on the W. Southlake Blvd. driveway, 74’ on the north S. White Chapel Blvd. driveway and 18’ on the south S. White Chapel Blvd. driveway to allow the development to be served by the existing driveways to and from the adjacent properties. * Provide easements for utilities and drainage per the approved construction plans. Case No. Attachment C ZA18-0004 Page 2 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * If the development was proposed to be traditional zoning, the existing tree cover preservation would comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover is 6.30% and 70% of the existing tree cover would be required to be preserved. 72.04% of the existing tree cover is proposed 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 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: 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 Case No. Attachment C ZA18-0004 Page 3 residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. Eastern Red Cedar is being utilized as a Canopy Tree. The Landscape Ordinance lists Eastern Red Cedar as an Accent Tree. 2. There is a note in the Bufferyard Summary Chart that says "A canopy tree planted on the site must be a minimum of 4" in caliper." All of the canopy trees are specified to be 3" caliper. The Landscape Ordinance requires a minimum of 50% of the canopy trees to be 4” and 50% to be 2”. 3. 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: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. 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 Case No. Attachment C ZA18-0004 Page 4 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. 3. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. 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. TIA: 1. A revised TIA with the traffic counts based on the all office use has been submitted and it is under review by the City’s consultant. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * 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. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshall Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA18-0004 Page 5 General Informational Comments * A SPIN meeting was held on May 8, 2018. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * 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 G uide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA18-0004 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. SUNTREE STATION LLC SP2 110 W SOUTHLAKE BLVD 0.90 NR 2. LAW, TIFFANY SF20A 105 LONDONBERRY TER 0.47 NR 3. RAI, ROHIT SF20A 300 SIR JOHNS CT 0.46 NR 4. DAVIS, KEITH SF20A 101 LONDONBERRY TER 0.51 NR 5. SIMON, ANDREA H SF20A 109 LONDONBERRY TER 0.55 NR 6. MURPHY, TYLER C SF20A 108 LONDONBERRY TER 0.48 NR 7. LUTHY, ROBERT E (Response received from current owners Jonathan and Josephine Hyman) SF20A 104 LONDONBERRY TER 0.46 U 8. PARKHILL & WRIGHT LLC O1 301 W SOUTHLAKE BLVD 0.14 NR 9. IMAN, ASHER S O1 301 W SOUTHLAKE BLVD 0.16 NR 10. 321 SOUTHLAKE BLVD REAL ESTATE O1 301 W SOUTHLAKE BLVD 0.13 NR 11. TY SHAFER DDS PA O1 301 W SOUTHLAKE BLVD 0.26 NR 12. ATCC INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 0.27 NR 13. NMEM LTD SP1 190 S WHITE CHAPEL BLVD 0.95 NR Case No. Attachment D ZA18-0004 Page 2 14. HOFFMAN, HOLLY L SF20A 100 LONDONBERRY TER 0.91 NR 15. DRAKE, KURT SF20A 112 LONDONBERRY TER 0.49 U 16. KESTER, PAIGE A SF20A 116 LONDONBERRY TER 0.48 U 17. GHIA, JAYESH SF20A 124 LONDONBERRY TER 0.51 NR 18. MAHALO INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 0.34 NR 19. O'DONNELL, PETER SF20A 120 LONDONBERRY TER 0.47 O 20. FIRST FINANCIAL BANK O1 151 W SOUTHLAKE BLVD 1.62 NR 21. MAHALO INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 1.63 NR 22. LECHLER, GLORIA ETAL O1 171 W SOUTHLAKE BLVD 1.23 NR 23. WHITE'S CHAPEL CEMETERY CS 121 S WHITE CHAPEL BLVD 1.72 NR 24. WHITE'S CHAPEL METH CH CS 185 S WHITE CHAPEL BLVD 23.84 NR 25. SUNTREE STATION LLC SP2 100 W SOUTHLAKE BLVD 7.75 NR 26. FIRST AMERICAN SAVINGS BANC SP2 222 W SOUTHLAKE BLVD 0.97 NR 27. BICENTENNIAL FIN CENTER LP SP2 250 W SOUTHLAKE BLVD 1.00 NR 28. SOUTHLAKE, CITY OF CS 300 W SOUTHLAKE BLVD 9.92 NR 29. LECHLER, GLORIA ETAL O1 201 W SOUTHLAKE BLVD 1.35 NR 30. LECHLER, GLORIA ETAL O1 185 W SOUTHLAKE BLVD 3.42 NR 31. LECHLER, GLORIA ETAL O1 211 W SOUTHLAKE BLVD 1.53 NR *owner per adopted 2016 tax roll Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-six (26) Responses Received within 200’: Four (4) – Attached – 3 undecided and 1 opposed Responses Received outside 200’: One (1) – Attached – 1 opposed Case No. Attachment D ZA18-0004 Page 3 Responses Received within 200’ Case No. Attachment D ZA18-0004 Page 4 Case No. Attachment D ZA18-0004 Page 5 Case No. Attachment D ZA18-0004 Page 6 Case No. Attachment D ZA18-0004 Page 7 Responses Received outside 200’ Case No. Attachment E ZA18-0004 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-744 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 20-23, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 171 - 211 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS, BEING APPROXIMATELY 7.501 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “O-1” OFFICE DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, 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 GENER AL 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 “O-1” Office Case No. Attachment E ZA18-0004 Page 2 District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motor ing 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, schoo ls, 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, t hat the public Case No. Attachment E ZA18-0004 Page 3 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, 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: Case No. Attachment E ZA18-0004 Page 4 Being described as Lots 20-23, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and being approximately 7.501 acres, and more fully and completely described in Exhibit “A” from “O-1” Office 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: 1. SECTION 2. That the City Manager is hereby dire cted 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, safe ty, 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 Case No. Attachment E ZA18-0004 Page 5 district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all 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 or dinance Case No. Attachment E ZA18-0004 Page 6 but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secre tary 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 ATTEST: _________________________________ CITY SECRETARY Case No. Attachment E ZA18-0004 Page 7 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 ZA18-0004 Page 8 EXHIBIT “A” Being described as Lots 20-23, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded as Instrument No. D217045213, Plat Records, Tarrant County, Texas and being approximately 7.501 acres. Case No. Attachment E ZA18-0004 Page 9 EXHIBIT “B” Reserved for approved Development Plan