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Item 6GCase No. ZA18-0005 S T A F F R E P O R T August 28, 2018 CASE NO: ZA18-0005 PROJECT: Zoning Change and Site Plan for Southlake Professional Centre EXECUTIVE SUMMARY: On behalf of Giggles N’ Grins Pediatric Dentistry and Schroeder Orthodontics, Claymoore Engineering is requesting 2nd reading approval of a Zoning Change and Site Plan for Southlake Professional Centre on property described as Lot 13 and a portion of Lot 3R, Block 6, Southridge Lakes, Phase C-1, an addition to the City of Southlake, Tarrant County, Texas and located at 1480 Corporate Circle and 1452 W. Southlake Blvd., Southlake, Texas. Current Zoning: “C-3” General Commercial District and “CS” Community Service District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #6. DETAILS: The property is located at 1480 Corporate Circle, which is generally located north of W. Southlake Blvd. and east of N. Peytonville Ave. The property is bounded by Trinity Presbyterian Church to the east and south, by the Southridge Lakes subdivision to the north and by the Southridge Executive Center, which is a single- story office building, to the west. The purpose of this request is to seek 2nd reading approval of a Zoning Change and Site Plan for an approximately 19,350 square foot, two-story medical/dental office building on approximately 1.33 acres for Giggles N’ Grins Pediatric Dentistry and Schroeder Orthodontics. Required parking for the site will be met by the construction of 62 spaces on-site and 73 spaces off-site on the adjacent church property with a shared parking agreement. Zoning Ordinance No. 480, as amended, Section 35.2.a allows up to 100 percent of the parking spaces required for a church to be used jointly by offices and other uses not normally open during the same hours provided that a written agreement thereto is properly executed and filed. Site Data Summary Existing Zoning “C-3” and “CS” Proposed Zoning “S-P-1” Land Use Designation Office Commercial Gross/Net Acreage 1.33 ac. Total Building Floor Area (Gross) Medical/Dental Office 19,350 sq. ft. Building Height/Number of Stories 32’6”/ 2 stories Open Space % 33.9% Impervious Coverage % 66.1% Total Parking Required 131 Total Parking Spaces Provided 135 (incl. 73 offsite spaces) Department of Planning & Development Services Case No. ZA18-0005 The requested zoning is “S-P-1” General Site Plan District with “O-1” as the base zoning district. Requested modifications to the “O-1” zoning regulations and other Zoning Ord. No. 480 requirements include an increase in the maximum impervious coverage allowed and modifications to bufferyard requirements. A summary of the requested modifications is below. Regulation “O-1” “S-P-1” Regulation Impervious Coverage 65% 66.1% Bufferyards 5’ Type ‘A’ bufferyard required on south and east property lines and a Type F1 bufferyard required on the north property line No bufferyard on south property line due to access driveway and parking in that location, no canopy trees on the east property line due to an existing utility easement and allowing the existing 6’ ornamental metal and wood fences to remain on the north property line with existing and proposed plantings as shown instead of the required 8’ opaque solid fence 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 a stacking depth of approximately 22’. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2nd Reading Approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 5, dated August 27, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-745 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative and Regulations Link to Variance Request Letter Link to Plans Link to Lighting Spec Sheets Link to SPIN Report Link to Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-0005 Page 1 BACKGROUND INFORMATION OWNER: Giggles N’ Grins Pediatric Dentistry and Schroeder Orthodontics APPLICANT: Claymoore Engineering PROPERTY SITUATION: The property is located at 1480 Corporate Circle, which is generally located north of W. Southlake Blvd. and east of N. Peytonville Ave. LEGAL DESCRIPTION: Lot 13 and a portion of Lot 3R, Block 6, Southridge Lakes, Phase C-1 LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-1” – Detailed Site Plan District and “CS” - Community Service District. PROPOSED ZONING: “S-P-1” – Detailed Site Plan District HISTORY: -The property was annexed into the City in 1956 and given the “AG” Agricultural zoning district designation. - A Zoning Change (ZA89-001) from “AG” and “SF-1” to “R2” Retail-2 district was approved March 21, 1989. - The property was given the “C-3” General Commercial District zoning designation with the adoption of Zoning Ordinance No. 480 and the Official Zoning Map in September of 1989. -A Preliminary Plat (ZA90-072) for Lots 1, 2 and 3, Block 6, Southridge Lakes, was approved February 5, 1991. -A Final Plat (ZA90-073) for Lots 1 and 2, Block 6, Southridge Lakes, was approved February 5, 1991. -A Zoning Change and Concept Plan (ZA99-032) from “C3” General Commercial to “CS” Community Service for Southlake Presbyterian Church was approved by City Council on July 6, 1999. -A Plat Revision (ZA99-034) for Lot 3, Block 6, Southridge Lakes Addition was approved by City Council on September 21, 1999. -A Site Plan (ZA99-042) for Southlake Presbyterian Church Phase I was approved by City Council on September 21, 1999. -A Site Plan (ZA99-042) for Southlake Presbyterian Church Phase I was approved by City Council on September 21, 1999. -A Zoning Change and Site Plan (ZA08-100) for Southlake Presbyterian Church from “C3” Retail Commercial District to “CS” Community Service District in order to rezone the lot fronting on Corporate Circle to match the zoning of the existing church was approved January 6, 2009. The Site Plan included an expansion to the church and showed the existing driveway connection to Corporate Circle. A future parking lot with 92 spaces was shown on the lot fronting on Corporate Circle. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is “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 established to encourage and permit general Case No. Attachment A ZA18-0005 Page 2 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. Mobility & Master Thoroughfare Plan The proposed development has access to Corporate Circle, which is a local commercial street with 50’ of right of way. Corporate Circle connects to W. Southlake Blvd. east of N. Peytonville Ave. and to N. Peytonville Ave. north of W. Southlake Blvd. Pathways Master Plan & Sidewalk Plan Per Zoning Ordinance No. 480, Section 33.19, as amended, for all new development or existing development which increases the existing floor area of building(s) or the number of parking spaces by twenty (20) percent or more and require a City Council approved site plan, a five (5)-foot wide concrete sidewalk shall be provided along all adjacent public streets unless identified in the city’s Pathways Plan, in which case the Subdivision Ordinance No. 483, as amended, Section 5.06 shall apply. The required five (5) foot sidewalk along Corporate Circle is shown and labeled on the Site Plan. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development has access to Corporate Circle, which is a local commercial street with 50’ of right of way. Corporate Circle connects to W. Southlake Blvd. east of N. Peytonville Ave. and to N. Peytonville Ave. north of W. Southlake Blvd. Traffic Counts W. Southlake Blvd. (19) (Between Southridge Lakes Pkwy. and Peytonville Ave.) 24hr West Bound (24,641 ) East Bound (25,804 ) AM Peak AM (1,325) 11:45 – 12:45PM Peak AM (2,849) 7:00 - 8:00AM PM Peak PM (2,618) 4:45 – 5:45PM Peak PM (1,750) 1:00 – 2:00PM N Peytonville Ave. (52) (Between W. Southlake Blvd. and Coventry Ln.) 24hr North Bound (2,445 ) South Bound (2,905 ) AM Peak AM (260) 7:30 – 8:30AM Peak AM (486) 7:00 - 8:00AM PM Peak PM (220) 4:30 – 5:30PM Peak PM (296) 4:45 – 5:45PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. Case No. Attachment A ZA18-0005 Page 3 Use Area/Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT ITE Code (720) Medical-Dental Office 19,350/sq.ft. 699 46 24 34 52 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7 th Edition TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D because it is being rezoned. All of the existing trees on the site are proposed to remain. There is 4% of existing tree cover on the site and 0% of the existing tree cover is proposed to be removed. If the request was for a straight zoning change, the minimum percentage of canopy required to be preserved would be 70%. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: The property is served by an 8” water line in Corporate Circle and a 6” sewer line that runs along the eastern property line. DRAINAGE: Drainage from the property is to an existing channel along the north property line into an underground pipe that carries the runoff north and east across Southridge Lakes Pkwy. Case No. Attachment A ZA18-0005 Page 4 CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on January 9, 2018. A link to the report is provided. SPIN Report A 2035 Corridor Planning Committee meeting was held on May 31, 2018. A link to the report is provided. Corridor Planning Committee Report PLANNING & ZONING COMMISSION ACTION: May 17, 2018; Approved (6-1) to table this item at the applicant’s request until June 7, 2018. June 7, 2018; Approved (6-0) to table this item at the applicant’s request until August 9, 2018. August 9, 2018; Approved (6-0) subject to the staff report dated August 3, 2018 and Site Plan Review Summary No. 4, dated August 3, 2018 approving the variance requested therein and noting the suggestion to bring a material sample board to City Council as well as noting the applicant’s willingness to include at least reasonable specifics as to where the pole lighting will be on the southern portion of the property as well as examining the pedestrian access easement. CITY COUNCIL ACTION: August 21, 2018; Approved at 1 st reading (7-0) subject to the Staff Report dated August 14, 2018 and Site Plan Revised Review Summary No. 4, dated August 14, 2018, and granting the following variance: - Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 100 feet 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 a stacking depth of approximately 22 feet. STAFF COMMENTS : Attached is Site Plan Review Summary No. 5, dated August 27, 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 ZA18-0005 Page 5 APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Residential Adjacency Overlay Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y S-P-1 Regulation added Bufferyards Y S-P-1 Regulation added Interior Landscape Y Complies Tree Preservation Y Complies Sidewalks Y Complies – 5’ sidewalk provided Case No. Attachment B ZA18-0005 Page 1 Case No. Attachment C ZA18-0005 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0005 Review No.: Five Date of Review: 08/27/18 Project Name: Site Plan – Southlake Professional Centre APPLICANT: Clay Cristy and Matt Moore ARCHITECT: Claymoore Engineering 1903 Central Dr. Suite 406 Bedford, TX 76021 Phone: (817) 281-0572 Phone: E-mail: clay@claymooreeng.com Fax: E-mail: matt@claymooreeng.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/18 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. A Plat Revision or an Amended Plat that conforms to the underlying zoning district must be processed, approved by the City and recorded with the County prior to the issuance of any building permits. 2. Provide an executed copy of the shared parking agreement with the church. The executed agreement must be submitted prior to issuance of a building permit. 3. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). The required stacking depth is 100’. A variance is requested to allow a stacking depth of approximately 22’. 4. The “’F1” bufferyard along the north property line requires an 8’ opaque fence meeting the material requirements of Section 39.2(b). The applicant is proposing that the existing 6’ ornamental metal and wood fences remain on the north property line with existing and proposed plantings as shown instead of the required 8’ opaque solid fence. An S-P-1 regulation allowing the existing fences to remain and stating that the developer will maintain the fences in perpetuity has been added. Please revise color sheet L-1 to show only the symbols for the existing fences along the north property line and remove the symbols for the previously proposed 10’ ornamental metal fence. 5. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within fifty feet (50') of single family residential property. Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum eight-foot (8') solid masonry screen and shall utilize similar masonry materials to the building’s facades. The applicant is proposing to use split-face CMU that matches the color of the stone on the building for the screen wall. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA18-0005 Page 2 TREE CONSERVATION COMMENTS: * All of the existing trees on the site are proposed to remain. There is 4% of existing tree cover on the site and 0% of the existing tree cover is proposed to be removed. * 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 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. Case No. Attachment C ZA18-0005 Page 3 * 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. Some of the provided parking landscape areas do not contain the required Canopy Trees, ground cover, shrubs, ornamental grasses, or seasonal color. Landscape areas at the ends of rows of parking are considered parking lot landscape area. All parking planter islands in parking areas including at the ends of rows of parking shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. Turf grass and/or sod is not permitted within parking planter islands. 2. The plantings provided along the drainage channel at the north portion of the lot must not impede the flow in the channel. 3. Please ensure that the plantings along the drainage channel in the north portion of the property are planted where they do not adversely affect the existing trees. 4. Please make the following changes with regard to bufferyards on the Site Plan and Landscape Plans: a. If the required bufferyard type and materials will not be provided, add an “S-P-1” regulation to allow the bufferyards as shown and provide a justification as to why each bufferyard will not comply with the ordinance requirements. “S-P-1” regulations have been added to allow the following modifications to the bufferyards on (Sheet L-1): • North – The “’F1” bufferyard along the north property line requires an 8’ opaque fence meeting the material requirements of Section 39.2(b). The applicant is proposing that the existing 6’ ornamental metal and wood fences remain on the north property line with existing and proposed plantings as shown instead of the required 8’ opaque solid fence. An S-P-1 regulation allowing the existing fences to remain and stating that the developer will maintain the fences in perpetuity has been added. b. • East –No canopy trees are provided due to an existing utility easement along the property line. • South – No bufferyard is provided due to parking and driveways. c. Please make the following changes to the bufferyards on Sheet L-1 and the Site Plan: • 18 accent trees are shown to be provided in the east bufferyard per the chart, but only 14 trees are shown on the plan. Also revise the note below the chart to show 14 instead of 18 trees. • 24 shrubs are required in the east bufferyard, but the chart shows 19 shrubs required and 20 provided. Provide the required 24 plantings. Case No. Attachment C ZA18-0005 Page 4 d. Please make the following changes to the bufferyards on Sheet L-2 and the Site Plan: • Add a note under the bufferyard chart stating that the required plantings are provided elsewhere on the church property. • No bufferyard is required along Corporate Circle, so remove “5’ – A” from the bufferyard chart for the bufferyard width and type provided and required in the west bufferyard. • No bufferyard is required along the east property line since the parking lot is on the church property, so remove “5’ – A” from the bufferyard chart for the bufferyard width and type provided and required. • 18 shrubs are required in the south bufferyard. The chart shows 24 shrubs required. 5. Please verify that irrigation can be provided for the shrubs and accent trees to be planted along the north property line without disturbing the existing trees. 6. Existing tree credits are proposed to be taken for existing trees along the north property boundary. 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 No comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler systems can be located on the risers if the risers are within 100 feet of the water main, measured linearly along the length of the pipe. If the risers are further than 100 feet from the main, the double check valves shall be in vaults. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. FIRE HYDRANT COMMENTS: Fire Department Connections for sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. Add FDC location, wall mount or remote connection, and add fire hydrant, if necessary to meet the distance requirement. Case No. Attachment C ZA18-0005 Page 5 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) (Inside and outside radius not indicated). 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, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Fire Lane must enter the property off of Corporate Circle and continue around the entire building, the dead end fire lane shown on plans does not meet the distance requirements). General Informational Comments * A SPIN meeting for this project was held on January 9, 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 Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA18-0005 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. TROUM, STEPHEN J SF20A 1317 PECOS DR 0.51 NR 2. MINAHAN, JOHN SF20A 203 DONLEY CT 0.48 O 3. SHANKAR, MANJUNATH SF20A 1319 PECOS DR 0.58 NR 4. KOBTY, SHOWKI SF20A 201 DONLEY CT 0.51 O 5. WALLACE, N B SF20A 200 DONLEY CT 0.51 NR 6. HOFFMAN, RICHARD SF20A 206 DONLEY CT 0.50 NR 7. NELSON, LISA SF20A 202 DONLEY CT 0.48 NR 8. KUNKEL, DARREN J SF20A 100 SAN JACINTO CT 0.47 O 9. SANDHU, TEJPAL SF20A 204 DONLEY CT 0.47 NR 10. REALTEX VENTURES INC C3 1600 CORPORATE CIR 1.73 NR 11. SOUTHLAKE CHAMBER OF COMMERCE C3 1501 CORPORATE CIR 0.46 NR 12. REALTEX VENTURES INC C3 1601 CORPORATE CIR 1.36 NR 13. SOUTHLAKE SAFECO LTD C3 1500 W SOUTHLAKE BLVD 1.31 NR 14. SEJ ASSET MGT & INVESTMENT CO C3 1600 W SOUTHLAKE BLVD 0.99 NR 15. EECU C3 1460 W SOUTHLAKE BLVD 0.81 NR 16. JNS LIVING TRUST ETAL C3 1480 CORPORATE CIR 1.20 NR 17. COFFEY, CAROLE SF20A 1316 PECOS DR 0.47 NR 18. BEHRINGER, ROCKLIN SF20A 102 SAN JACINTO CT 0.49 NR 19. STABLES, DONALD SF20A 104 SAN JACINTO CT 0.56 NR 20. ERIC H SCHMIDT LLC C3 1500 CORPORATE CIR 0.81 NR 21. SOUTHLAKE BLVD PRESBYTERIAN CH CS 1452 W SOUTHLAKE BLVD 6.01 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Case No. Attachment D ZA18-0005 Page 2 Notices Sent within 200’: Twenty-one (21) Responses Received within 200’: Three (3) Attached Response Received outside 200’: One (1) Attached Case No. Attachment D ZA18-0005 Page 3 RESPONSES RECEIVED WITHIN 200’ Case No. Attachment D ZA18-0005 Page 4 Case No. Attachment D ZA18-0005 Page 5 Case No. Attachment D ZA18-0005 Page 6 Case No. Attachment D ZA18-0005 Page 7 RESPONSE RECEIVED OUTSIDE 200’ Case No. Attachment E ZA18-0005 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-745 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 13 AND A PORTION OF LOT 3R, BLOCK 6, SOUTHRIDGE LAKES, PHASE C-1, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.33 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-3” GENERAL COMMERCIAL DISTRICT AND “CS” COMMUNITY SERVICE 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 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 “C-3” General Case No. Attachment E ZA18-0005 Page 2 Commercial District and “CS” Community Service 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 motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest Case No. Attachment E ZA18-0005 Page 3 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: Being described as Lot 13 and a portion of Lot 3R, Block 6, Southridge Lakes, Phase C-1, an addition to the City of Southlake, Tarrant County, Texas being Case No. Attachment E ZA18-0005 Page 4 approximately 1.33 acres, and more fully and completely described in Exhibit “A” from “C-3” General Commercial District and “CS” Community Service 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. List any conditions SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate 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 Case No. Attachment E ZA18-0005 Page 5 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 ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA18-0005 Page 6 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 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 1 st reading the _____ day of _____, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA18-0005 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0005 Page 8 EXHIBIT “A” Being described as Lot 13 and a portion of Lot 3R, Block 6, Southridge Lakes, Phase C-1, an addition to the City of Southlake, Tarrant County, Texas , being approximately 1.33 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-0005 Page 9 EXHIBIT “B” Reserved for approved Site Plan