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Item 6ICase No. ZA18-0003 S T A F F R E P O R T August 28, 2018 CASE NO: ZA18-0003 PROJECT: Zoning Change and Site Plan for White Chapel Office Complex EXECUTIVE SUMMARY: On behalf of Brian Zvonecek, Blake Architects is requesting 2nd Reading approval of a Zoning Change and Site Plan for White Chapel Office Complex on property described as Tract 6C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and a portion of Lot 3, Block 1, Parkway Office Center Addition (also described as Lot 3A, Block 1, Parkway Office Center Addition), an addition to the City of Southlake, Tarrant County, Texas and located at 1700 N. White Chapel Boulevard and 190 W. State Hwy. 114, Southlake, Texas. Current Zoning: "C-2" Local Retail Commercial District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #3. DETAILS: This project is located on the north side of W. State Hwy. 114 and on the west side of N. White Chapel Blvd. The purpose of this request is to seek 2nd Reading approval of a Zoning Change and Site Plan to develop a four-story, approximately 43,861 square foot (previously 45,657 square foot) general office building on approximately 2.220 acres. The existing property located at 190 W. State Hwy. 114 is also included in the Zoning Change and Site Plan request to allow the existing property line between the two properties to be shifted to the west to align with the proposed shared driveway. The proposed area for the western lot is approximately 0.697 acres. No changes are proposed to the two existing buildings on the western property. The proposed zoning for both lots is “S-P-1” Detailed Site Plan District with “O-1” Office District uses limited to general office uses only. The current “C-2” Local Retail Commercial District zoning allows for low to medium intensity neighborhood type retail shopping facilities and general commercial activities. Site Data Summary Lot 3R2 Lot 3R1 Total Existing Zoning C-2 C-2 C-2 Proposed Zoning S-P-1 S-P-1 S-P-1 Land Use Designation Mixed Use Mixed Use Mixed Use Gross/Net Acreage 2.220 ac. 0.697 ac. 2.917 ac. Total Building Floor Area (gross) 43,861 sf 6,623 sf 50,484 sf Building Height/Number of Stories 64’ 5” 4 stories 27’6” 1 story 64’ 5” 4 stories Open Space % 30% 37% 32% Impervious Coverage % 70% 63% 68% Total Parking Required (S-P-1) - - 161 Total Parking Spaces Provided 137 24 161 Department of Planning & Development Services Case No. ZA18-0003 The S-P-1 zoning district will follow the “O-1” Office District regulations with the following exceptions: Regulation “O-1” “S-P-1” Lot 3R1 “S-P-1” Lot 3R2 “S-P-1” Lots 3R1 and 3R2 Max. Impervious Coverage 65% 65% 70% - Maximum Height 35’ 2 ½ stories 35’ 2 ½ stories 64’ 5” 4 stories - Side Yard Setback 15’ 10’ 15’ - Bufferyards Bufferyards on all boundaries No bufferyard along shared driveway and existing landscaping to satisfy other bufferyards No bufferyard along shared driveway - Off Street Parking 8 spaces for first 1,000 sf and 1 space per 300 sf after that (168 spaces) - - 1 space per 314 sf for site as a whole (161 spaces) Mechanical Screening Equipment to be screened from view from adjacent rights of way - Rooftop equipment screened with stucco panels as shown on the elevations - VARIANCE REQUESTED: Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 75’ if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces is between 50 and 199 spaces. The applicant is proposing stacking depths of approximately 23’ and 48’ on the two S.H. 114 driveways, which are the existing stacking depths, and a stacking depth of approximately 51’ on the N. White Chapel Blvd. driveway. The City Council approved the item at 1 st reading on June 19, 2018 with the following stipulations: City Council Stipulations Applicant’s Response Look at potential modifications to the materials utilized in the rendering, specifically as it relates to the metal banding around the building as well as looking at creative ideas as it relates to the tower feature. The applicant has revised the elevations. The previously requested variance to the Masonry Ordinance has been withdrawn. Remove the existing dumpster and build two (2) enclosed dumpsters on site. The applicant agreed that the existing dumpster would be removed and two (2) new trash enclosures are shown on the plans. Case No. ZA18-0003 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. 7, dated August 27, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-747 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative and Regulations Link to Plans Page 1 - Site Plan Pages 2-9 - Renderings and Elevations Page 10 - Landscape Plan Page 11 - Tree Conservation Plan Pages 12-13 - Civil Plans Link to Comprehensive Plan Analysis 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 ZA18-0003 Page 1 BACKGROUND INFORMATION OWNER: Brian Zvonecek APPLICANT: Blake Architects PROPERTY SITUATION: This project is located on the north side of W. State Hwy. 114 and on the west side of N. White Chapel Blvd. LEGAL DESCRIPTION: Tract 6C, Thomas M. Hood Survey, Abstract No. 706, and a portion of Lot 3, Block 1, Parkway Office Center Addition (also described as Lot 3A, Block 1, Parkway Office Center Addition) LAND USE CATEGORY: Mixed Use CURRENT ZONING: “C-2” – Local Retail Commercial District PROPOSED ZONING: “S-P-1” – Detailed Site Plan District with “O-1” Office District uses limited to General Office uses. HISTORY: - “HC” Heavy Commercial and “LC” Light Commercial Zoning District was placed on the property at some point prior to April 11, 1985. - A Plat Showing for Lots 1, 2 and 3, Block 1, Parkway Office Center Addition was approved April 2, 1985 and filed April 11, 1985. - “R1” Retail 1 Zoning District was approved with the adoption of the Zoning Ordinance No. 334 and the official Zoning Map in 1986. - “C-2” Local Retail Commercial Zoning District was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: A detailed Comprehensive Plan Analysis has been prepared for this development. Link to Comprehensive Plan Analysis TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property will access the S.H. 114 frontage road by way of two existing driveways and one additional driveway connection will provide access to N. White Blvd. The driveway connection onto N. White Chapel will be right-in right-out only due to a median that is to be installed in White Chapel Blvd. An additional driveway connection has been added to the property to the north. The Carillon Parc development to the east of White Chapel that is currently in the approval process shows a driveway connection to N. White Chapel Blvd. that is north of the White Chapel driveway connection shown on the subject property. A full median opening on N. White Chapel is more likely to line up with the Carillon Parc driveway, so the driveway connection to the north could provide access to the full median opening with future development of that site and the Carillon site. Case No. Attachment A ZA18-0003 Page 2 Traffic Counts SH 114 Frontage Rd (10W) (Between White Chapel Blvd and Dove Rd) 24hr West Bound (3,473) East Bound AM 256 (no hour stated) N/A PM 829 (no hour stated) N/A N White Chapel Blvd (60a) (Between SH 114 and Dove Rd) 24hr North Bound (4,442) South Bound (3,508 ) AM Peak AM (308) 7:15 – 8:15AM Peak AM (303) 7:15 - 8:15AM PM Peak PM (803) 5:00 – 6:00PM Peak PM (304) 3:00 – 4:00PM * Based on the (2017) City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. Use Area/Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT ITE Code (710) Existing 6,623 73 9 1 2 8 Proposed 43,861 482 60 8 11 54 Total 52,484 555 69 9 13 62 * 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 since it is being rezoned. There is approximately 14.4% existing tree cover on the site, of which, approximately 72% is proposed to be preserved. A standard zoning district would require that a minimum 70% of existing tree cover 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: 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; Case No. Attachment A ZA18-0003 Page 3 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: A 12” water line exists in the S.H. 114 right of way to serve the property. Sanitary sewer is not currently provided to the site, so an 8” sewer line will be constructed to connect to the existing 8” sewer line in Kirkwood Blvd. at St. Tropez. DRAINAGE: Drainage on the majority of the property is carried to a detention pond adjacent to S.H. 114 and then to a TxDOT inlet in the right of way. The southeast portion of the property drains to a TxDOT inlet at the intersection of S.H. 114 and N. White Chapel Blvd. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held June 12, 2018. A link to the report is provided. SPIN Report A 2035 Corridor Planning Committee meeting was held on March 22, 2017. A link to the report is provided. Link to Corridor Planning Committee Report PLANNING AND ZONING COMMISSION ACTION: June 7, 2018; Approved (6-0) subject to the staff report dated June 7, 2018 and Site Plan Review Summary No. 4, dated May 31, 2018, granting the two variances requested in the staff report and further noting the applicant’s willingness to modify or adjust the garage door opening to something better than how it currently looks. CITY COUNCIL ACTION: June 19, 2018; Approved at 1 st reading (6-0) subject to the Staff Report dated June 12, 2018, and Site Plan Review Summary No. 5, dated June 12, 2018, and granting one variance: - Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 75’ if the average number of parking spaces per driveway falls within 50 and 199 spaces and the total number of spaces is between 50 and 199 spaces. The applicant is proposing stacking depths of approximately 23’ and 48’ on the two SH 114 driveways, which are the existing stacking depths, and a stacking depth of approximately 51’ on the North White Chapel Blvd driveway. - Also noting the applicant has agreed between the 1 st and 2 nd readings to look at potential modifications to the materials utilized in the rendering, specifically as it relates to the metal banding around the building, as well as looking at creative ideas as it relates to the tower feature. Case No. Attachment A ZA18-0003 Page 4 - Also noting the applicant’s willingness to remove the existing dumpster and build two (2) enclosed dumpsters on site. August 7, 2018; Tabled to the August 7, 2018 meeting. August 21, 2018; Tabled to the August 21, 2018 meeting. STAFF COMMENTS : Attached is Site Plan Review Summary No. 7, dated August 27, 2018. Variance Approval Criteria for Driveway Ordinance No. 634: 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. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor Overlay Building Articulation Y Complies Masonry Standards Y Complies – Previous variance request withdrawn Impervious Coverage Y “S-P-1” Regulation Bufferyards Y “S-P-1” Regulation Interior Landscape Y Complies Tree Preservation Y Approved with “S-P-1” zoning Sidewalks Y Complies Case No. Attachment B ZA18-0003 Page 1 Case No. Attachment C ZA18-0003 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0003 Review No.: Seven Date of Review: 08/27/18 Project Name: Zoning Change and Site Plan – White Chapel Office Complex APPLICANT: Skip Blake OWNER: Brian Zvonecek Blake Architects 1202 S. White Chapel Blvd. 190 W. State Hwy 114, Ste. A Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 488-9397 Phone: (817) 991-5236 E-mail: blakearch@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/24/18 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 that complies with the underlying zoning districts must be processed and recorded with the County prior to the issuance of any building permits. Please designate the two proposed lots as Lots 3R1 and 3R2, Block 1, Parkway Office Center Addition. Lot 3R1 will be the remainder of Lot 3. 2. A copy of an executed cross access and maintenance agreement must be submitted prior to the issuance of building permits. 3. Show, label and dimension the width of any easements on or adjacent to the site, if any. Label the cross access easement for the existing drive that connects to N. White Chapel Blvd. (if one exists). If a cross easement exists for the existing driveway to White Chapel, it must be abandoned prior to the Plat Revision for Lots 3R1 and 3R2, Block 1, Parkway Office Center Addition being recorded. 4. Dedicate cross access easements on all drives by plat. 5. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The stacking depth is measured from the right of way to the nearest parking stall or intersecting drive lane pavement edge. Please add the stacking depth of the westernmost existing driveway on the S.H. 114 frontage road to the first turning movement. The required stacking depth is 75’ for all driveways including the spaces shown for the future building. The applicant is requesting a variance to allow stacking depths of approximately 23’ and 48’ on the two S.H. 114 driveways, which are the existing stacking depths, and a stacking depth of approximately 51’ on the N. White Chapel Blvd. driveway. 6. Please consider providing a retention pond instead of a detention pond. 7. No more than 50% of any façade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. Case No. Attachment C ZA18-0003 Page 2 8. Staff strongly recommends providing a material sample board with all exterior materials and color renderings and color elevations of the proposed building with perspective views from SH 114 and N. White Chapel Blvd. * All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from adjacent rights of way. Screening shall be accomplished by either the construction of a parapet roof or an architectural feature which is integral to the building’s design. An “S-P-1” regulation has been added to allow the screening with stucco panels as shown on the elevations. * The building as shown meets horizontal and vertical articulation requirements on all facades. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. 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 except there are utilities proposed to cut directly through existing trees proposed to be preserved, which would cause the alteration of the protected trees. The existing tree cover is 14.4% and 70% of the existing tree cover would be required to be preserved. 72% 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 Case No. Attachment C ZA18-0003 Page 3 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. * 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. Please make the following change with regard to bufferyards: a. The Bur Oaks proposed to be planted within the East Bufferyard adjacent to N. White Chapel Blvd. are shown to be planted directly underneath aerial utilities. Please move them back west a bit so that they are not directly underneath the aerial utilities. To avoid conflict with utilities the required bufferyard plant material does not need to be directly with in the required bufferyard area but can be planted with in a close vicinity if there is appropriate area provided. * Existing trees that are proposed to be preserved are being used towards existing tree credits for some of the required bufferyards canopy 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. Case No. Attachment C ZA18-0003 Page 4 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: Depending upon the total portion of the parking garage that is considered to be enclosed versus open air, other code requirements may apply. Since the building is equipped with an automatic fire protection system, proper sprinkler system coverage must be continued throughout the entire building. (Due to the presence of a parking garage under the occupied space in the building, the automatic fire suppression (sprinkler system) shall be extended into the parking garage) The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of a looped water main. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. (Sprinkler riser location is in excess of 100 feet from the city main, so a vault shall be installed) Case No. Attachment C ZA18-0003 Page 5 General Informational Comments * A SPIN meeting was held on June 12, 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. * The Master Pathways Plan shows 8’ multi-use trails along W. SH 114 and N. White Chapel Blvd. The required 8’ multi-use trails are shown on the Site Plan. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * No more than 50% of any façade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. * 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 ZA18-0003 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. SHIVERS, FRANCES BIRD EST AG 1800 N WHITE CHAPEL BLVD 1.20 NR 2. ZVONECEK, BRIAN C2 1700 N WHITE CHAPEL BLVD 1.64 NR 3. ZVONECEK, BRIAN C2 190 W SH 114 1.50 NR 4. CLONINGER & MOORE LP C2 204 W SH 114 0.58 NR 5. CLONINGER C2 210 W SH 114 0.39 NR 6. CLONINGER & MOORE LP C2 200 W SH 114 0.27 NR 7. HOPKINS DALLAS PROPERTIES LTD C2 140 W SH 114 0.85 NR 8. SHIVERS FAMILY PTNRSHIP LTD AG 1900 N WHITE CHAPEL BLVD 39.54 NR 9. SUMMIT QI PROPERTIES LLC ECZ 1801 N WHITE CHAPEL BLVD 10.50 F 10. SUMMIT QI PROPERTIES LLC ECZ 1781 N WHITE CHAPEL BLVD 3.07 F 11. SUMMIT QI PROPERTIES LLC ECZ 1775 N WHITE CHAPEL BLVD 0.32 F 12. SUMMIT QI PROPERTIES LLC ECZ 100 E SH 114 4.60 F Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Seven – (7) Responses Received within 200’: Four (4) – Attached – In Favor Responses Received outside 200’: Six (6) – Attached – In Favor Case No. Attachment D ZA18-0003 Page 2 Responses Received within 200’ Case No. Attachment D ZA18-0003 Page 3 Case No. Attachment D ZA18-0003 Page 4 Case No. Attachment D ZA18-0003 Page 5 Case No. Attachment D ZA18-0003 Page 6 Responses Received outside 200’ Case No. Attachment D ZA18-0003 Page 7 Case No. Attachment D ZA18-0003 Page 8 Case No. Attachment D ZA18-0003 Page 9 Case No. Attachment D ZA18-0003 Page 10 Case No. Attachment D ZA18-0003 Page 11 Case No. Attachment E ZA18-0003 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-747 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 TRACT 6C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF LOT 3, BLOCK 1, PARKWAY OFFICE CENTER ADDITION (ALSO DESCRIBED AS LOT 3A, BLOCK 1, PARKWAY OFFICE CENTER ADDITION) BEING APPROXIMATELY 2.917 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-2” LOCAL RETAIL COMMERCIAL 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-2” Local Retail Case No. Attachment E ZA18-0003 Page 2 Commercial 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 clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment E ZA18-0003 Page 3 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 Tract 6C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and a portion of Lot 3, Block 1, Parkway Office Center Addition (also described as Lot 3A, Block 1, Parkway Office Center Addition) being approximately 2.917 acres, and more fully and completely Case No. Attachment E ZA18-0003 Page 4 described in Exhibit “A” from “C-2” Local Retail Commercial 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 encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA18-0003 Page 5 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA18-0003 Page 6 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 19 th day of June, 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 ZA18-0003 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0003 Page 8 EXHIBIT “A” Being described as Tract 6C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and a portion of Lot 3, Block 1, Parkway Office Center Addition (also described as Lot 3A, Block 1, Parkway Office Center Addition), being approximately 2.917 acres and being more particularly and completely described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-0003 Page 9 EXHIBIT “B” Reserved for approved Site Plan