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Item 4I Case No. ZA19-0010 S T A F F R E P O R T March 12, 2019 CASE NO: ZA19-0010 PROJECT: Zoning Change and Concept/Site Plan for Lots 1-7, Block 1, Morrison Office Park EXECUTIVE SUMMARY: On behalf of Sandlin Properties, M.J. Wright & Associates, Inc. is requesting 1st Reading approval of a zoning change and concept/site plan on property described Lots 1- 7, Block 1, Morrison Office Park, City of Southlake, Tarrant County, Texas and located at 300 - 330 Morrison Park Drive and 2720 E. SH 114, Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District with “O-1” Office District uses to include limited “C-3” General Commercial District uses (for Lot 7). Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood # 4. DETAILS: The property is generally located on the north side of the E. SH 114 westbound access road approximately 1,100 feet east of Shady Lane. Lot 7 is located in the east portion of the development. The purpose of this is to amend the zoning and receive site plan approval to allow a 10,596 square foot two-story office building and add additional parking specifically on Lot 7, Block 1, Morrison Office Park, located at 305 Morrison Park Drive. The Morrison Park (seven lots) development is currently zoned “S-P-2” Generalized Site Plan District with general office uses for Lots 1-6 and limited “C- 3” uses for Lot 7. The developer is requesting a zoning change for Lot 7 to allow approximately 7,686 square feet of medical uses and 2,910 square feet of general office uses in the proposed Lot 7 building. The proposed building will be a two-story design consistent with the existing building elevations within the development. No changes are proposed for Lots 1-6. The “S-P-2” zoning had been amended under cases ZA08-093 (Ord. 480-491a) to change the front yard setback and the maximum permitted impervious coverage for the development. Both changes are necessitated by the Texas Department of Transportation requiring a right turn deceleration lane and additional right-of-way dedication on SH 114 at the entrance of Morrison Park Drive. This requirement was not known at the time of the original zoning and plan approval. The right-of -way dedication reduced the distance from ROW to the building and removed land area from the boundary of the lot such that the building could no longer meet the 50-foot front yard setback along SH 114 and the 55% maximum impervious coverage requirement for the overall development. The only changes from the existing regulations and uses as approved are to reduce the front yard for Lot 7 from 50 feet to 35 feet and change the maximum impervious coverage for the overall development from 55% to 58%. Case No. ZA19-0010 The zoning change and site plan under planning case ZA14-110 (Ord. 480-491b) proposed changes including a smaller and relocated carport, new building elevations and larger building footprint for Lot 1. The cul-de-sac street, driveways, parking areas, and City utilities are existing and in conformance with the originally approved plans. Approved Variances: The following variances were previously approved in 2006 under the city case ZA06-031. The infrastructure was built per the approved concept plan. 1. The 7-lot subdivision site currently has one (1) shared access drive for direct access to Lot 1; a cul-de-sac street for direct access to Lots 2-7; and, all of the previously approved parking constructed. The proposed site plan does not alter the existing access drive. Driveway Ordinance 634, as amended, requires a stacking depth of 75 feet at this location. The site plan proposed shows a stacking depth for the westernmost driveway of approximately 13.3 feet and the interior stacking depths for the easternmost public street at approximately 12.5 feet. 2. Subdivision Ordinance 483, as amended, requires a street width of sixty (60) feet. The site plan shows an existing public street width of approximately forty (40) feet. 3. Landscape Ordinance 544, as amended, requires interior landscaping to be determined by the amount of square footage of each building on a particular lot. The applicant requested that the interior landscape requirements be equally distributed throughout the development. Lot 7 Site Data Summary Chart Site Plan Lot 7 Existing Zoning “S-P-2” Generalized Site Plan with “O-1” Office Uses Commercial to include limited “C-3” General Commercial District uses (for Lot 7) Proposed Zoning “S-P-2” Generalized Site Plan with “O-1” Office Uses Commercial Land Use Designation Office Commercial Gross Acreage 1.695 (73,834 sf) Number of Proposed Lots 1 Area of Open Space 40,432 sf Percentage of Open Space 55% Area of Impervious Coverage 33,402 sf Percentage of Impervious Coverage 45% Proposed Building Area 10,596 sf 2,910 sf office/ 7,686 sf medical Number of Stories 2 Maximum Building Height 28.85’ Required Parking 62 Case No. ZA19-0010 Provided Parking 58* *4 shared parking spaces in the office park, in total 62 parking spaces The following changes have been made to the previously approved S-P- 2 regulations: 1.Accepting the “O-1” Office District uses and development regulations to include the following “C-3” General Commercial District uses on Lot 7 only: a.Restricting the C-3 General Commercial uses to plumbing fixture showroom and related furnishings only; Showroom is no longer requested for Lot 7. 7.Accepting the proposed development regulation allowing a parking ratio of 1 space per 300 square feet for Lot 7; The professional office suite (2,910 square feet in area) will have a parking ration of 1 space per 300 square feet, and the medical office (7,686 square feet in area) will have a parking ratio of 1 space per 150 square feet. 23(4). All lots (1-6) in the Site Data Summary reflect general office. Lot 7 has sufficient parking per code for one medical suite of 7,686 square feet in area and one general office suite of 2,910 square feet in area. 23(5). The remaining vacant Lot 7 is intended to have one general office suite of 2,910 square feet (1,909 square feet on the 1st floor and 1,001 square feet on the 2nd floor) and a medical office of 7,686 square feet on the 1st floor only. 24.Allow 30’6” and 30’10” lengths for horizontal articulation on the east elevation for the building on Lot 7, in lieu of the required 28’6” length. These values would represent a 24” and a 28” variance, respectively, compared to the required length. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B)Vicinity Map (C)Site Plan Review Summary No. 3, dated March 7, 2019 (D)Surrounding Property Owners Map (E)Surrounding Property Owners Responses (F)Ordinance No. 480-491c Full-Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Link to Morrison Office Park Development Regulations Link to Site Data Summary Comparison Link to Plans Pages 1-2 Site Plan Page 3 Zoning Plan Pages 4-7 Site Construction Plans Case No. ZA19-0010 Pages 8-9 Tree Conservation Plan Pages 10-12 Landscape Plan Pages 13-15 Elevations Page 16 Floor Plan Link to SPIN Report STAFF CONTACT: Ken Baker (817)748-8067 Patty Moos (817) 748-8269 Case No. Attachment A ZA19-0010 Page 1 BACKGROUND INFORMATION OWNER: Sandlin Properties APPLICANT: M.J. Wright & Associates, Inc. PROPERTY SITUATION: 305 Morrison Park Drive. LEGAL DESCRIPTION: Lots 1-7, Block 1, Morrison Office Park LAND USE CATEGORY: Mixed Use CURRENT ZONING: S-P-2 – Generalized Site Plan District HISTORY: August 1, 2006; City Council approved a zoning change and concept plan from “AG” Agricultural District to “S-P-2” Generalized Site Plan District with “O-1” Office District uses to include limited “C-3” General Commercial District uses (for Lot 7) for the development of approximately 43,380 square feet for general office uses with approximately 10,000 square feet of that square footage potentially used as a product showroom for retail sales. (ZA06-031/480-491) August 1, 2006; City Council approved a site plan for the development of a law office building of approximately 5,600 square feet on Lot 1. (ZA06- 032) October 17, 2006; City Council approved, a preliminary plat for Morrison Office Park. (ZA06-134) October 19, 2006; City Council approved a final plat for Morrison Office Park. (ZA06-154) January 2, 2007; City Council approved a site plan for Lots 2-7, Morrison Office Park. (ZA06-166) May 1, 2007; City Council approved a revised site plan for Lot 1, Morrison Office Park. (ZA06-179) May 1, 2007; City Council approved a specific use permit for carports (6 spaces) on Lot 1, Morrison Office Park; subject to the applicant’s agreement to fill in the portion of the parking structure arch that faces State Highway 114 with a feature that is architecturally compatible with the main building. (ZA06-178) November 18, 2008; City Council approved a zoning change and site plan to modify the existing “S-P-2” Generalized Site Plan District zoning to change the front yard setback for proposed Lot 7 and to change the maximum permitted impervious coverage for the development. Both changes were necessitated by the Texas Department of Transportation requiring a right turn deceleration lane and additional right-of-way dedication on SH 114 at the entrance of Morrison Park Drive.This Case No. Attachment A ZA19-0010 Page 1 requirement was not known at the time of the original zoning and plan approval. The right-of-way dedication reduced the distance from ROW to the building and removed land area from the boundary of the lot such that the building could no longer meet the 50-foot front yard setback along SH 114 and the 55% maximum impervious coverage requirement for the overall development. The only changes from the existing regulations and uses as approved are to reduce the front yard for Lot 7 from 50 feet to 35 feet and change the maximum impervious coverage for the overall development from 55% to 58%. (ZA08-093/480-491a). November 18, 2014; City Council approved a zoning change and site plan subject to the staff report dated November 12, 2014, accepting the number of reduced covered parking spaces from eight to six and the relocation of the carport; accepting the new elevations and colored renderings as presented this evening; and, approving all previously approved variances for Lot 1. (ZA14-110) December 1, 2015; City Council approved a site plan for Lot 4 subject to the Staff Report dated November 23, 2015 and Site Plan Review Summary #2 dated November 13, 2015; approving the elevations and site plan as presented; noting the applicant’s willingness to eliminate the dumpster on Lot 2 along SH 114; and noting the applicant’s willingness to install window shutters, at the designer’s discretion, to the front of the building south elevation.(Lot 2)(ZA15-121) December 1, 2015; City Council approve a site plan for Lot 6 subject to the Staff Report dated November 23, 2015 and Site Plan Review Summary #2 dated November 13, 2015; approving the elevations and site plan as presented; and noting the applicant’s willingness to install window shutters, at the designer’s discretion, to the front of the building south elevation. (Lot 6) (ZA15-123) CITIZEN INPUT: A SPIN meeting was held for this case on January 8, 2019 under SPIN2019-04. SOUTHLAKE 2030: Pathways Master Plan There is an existing eight (8) foot wide sidewalk along the SH114 frontage road. TREE PRESERVATION: The proposed tree conservation complies with the previous development approved tree conservation plan. There will no trees removed for this development. UTILITIES: Water An 8-inch water line exists along the north side of the E. State Highway 114 frontage road and 6-inch water lines are available for each lot within the development. Sewer An 8-inch sanitary sewer line exists at the northwest corner of the proposed office development. TRANSPORTATION Case No. Attachment A ZA19-0010 Page 1 ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends State Highway 114 to have between 300 and 500 feet of right-of-way. Adequate right-of-way exists for this roadway. Existing Area Road Network and Conditions The Morrison Office Park development currently has an existing driveway on E. State Highway 114 frontage road that is shared with the Next Century Dental office to the west. The development also has constructed a street that intersects with the E. State Highway 114 frontage road. The applicant was previously granted approval of a variance for the street to have a right-of-way width of 40 feet with 10-foot utility easements on either side in lieu of the standard right-of-way width of 60 feet for commercial streets. E. State Highway 114 is currently a 6-lane, restricted access thoroughfare with 3-lane frontage roads on either side. SH 114 (Frontage Road) (006W) (between SH 114 (Entrance Ramp from FM 1709) and Kimball Avenue) 24hr West Bound (16,631) AM Peak AM (1,146)11:45 AM–12:45 PM PM Peak PM (1,807) 5:00 – 6:00 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact Use Area (sq. ft.) Vtpd* AM- IN AM- OUT PM- IN PM- OUT Office (710) 2,910 33 6 1 1 4 Medical (750) 7,686 85 4 1 3 6 * 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, 7th Edition PLANNING AND ZONING COMMISSION: March 7, 2019; Approved (4-0) subject to the Staff Report dated March 7, 2019 and the Site Plan Review Summary No. 3, dated March 7, 2019 and the horizontal articulation has been addressed in the proposal. STAFF COMMENTS: Site Plan Review Summary No. 3, dated March 7, 2019 is included as Attachment ‘C’. This site is subject to all previous conditions of approved Ordinance No. 480-491b unless otherwise specifically approved by the City Council. N:\Community Development\MEMO\2019 Cases\0010 - ZCSP - Lot 7, Block 1, Morrison Office Park (previously ZA19-0001) Case No. Attachment B ZA19-0010 Page 1 Case No. Attachment C ZA19-0010 Page 1 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA19-0010 (previously ZA19-0001) Review No.: Three Date of Review: 3/7/19 Project Name: Zoning Change and Site Plan – Lot 7 Morrison Park APPLICANT: MJ Wright and Associates, Inc. OWNER: SAM 114 Kimball Commercial, LLC Michael Wright Scott Sandlin 8233 Mid-Cities Blvd., Ste. A 5137 Davis Blvd. North Richland Hills, TX 76182 North Richland Hills, TX 76180 Phone:817-268-5555 Phone: 817-281-3509 ext. 109 Email: mjw@mjwright.com Email: scott@sandlinhomes.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/18//2019 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. The area of impervious coverage plus the area of open space must sum to the lot area and the percentage of impervious coverage plus the percentage of open space must sum to 100%. Please revise the impervious coverage area to 33,316 square feet and revise the open space and impervious coverage percentages to 55% and 45% respectively. 2. On the east building elevation, the horizontal length exceeds the length base on the predominate wall height 9.66 ft. on two facades. S-P-2 regulation added to allow the wall length to be as shown. . Note: No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * No existing tree cover or trees are proposed to be removed or altered. The total amount of existing tree cover is not provided on the plan but 100% of the existing tree cover is proposed to be preserved. The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. Case No. Attachment C ZA19-0010 Page 2 * 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. * 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 Case No. Attachment C ZA19-0010 Page 3 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. Correct the “Required” interior landscape area in the Interior Landscape Summary Charts on the Site Plan and color Landscape Plan to reflect 50% of the building footprint area as provided in the Site Summary Chart. Based on 50% of the proposed building footprint area the “Required” interior landscape area is 4,892 sq. ft. Correct the “Required” plant material calculations accordingly. 2. The bufferyards plant material calculations on the on the Site Plan, Color Landscape Plan, and black and white Landscape Plan do not match. Ensure that all plans match. 3. There is a note on the Site Plan referencing the irrigation requirements will be installed according to the regulations of the Landscape Ordinance 544-A. The current ordinance is 544-B. The note on both Landscape Plans has been corrected. * Existing tree credits are proposed to be taken for required canopy trees within the east bufferyard. 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 Brent Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8247 E-mail: banderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. See City of Southlake website for current engineering design standards and update your general notes and construction details to conform prior to submitting final sealed construction plans to Public Works department. https://www.cityofsouthlake.com/152/Engineering-Design-Standards DRAINAGE COMMENTS: 1. REPEAT COMMMENT (THIS WILL NEED TO BE ADDRESSED AND DEMONSTRATED ON THE CIVIL CONSTRUCTION PLANS PRIOR TO FINAL ENGINEERING APPROVAL AND RELEASE FOR CONSTRUCTION) - Proposed new paving for additional parking increases impervious area which impacts the drainage calculations used to size the existing Morrison Park detention pond. Please refer to the record design for Morrison Park and provide drainage Case No. Attachment C ZA19-0010 Page 4 analysis to verify site drainage and detention will function as originally designed and in accordance with Southlake drainage design requirements. INFORMATIONAL COMMENTS: * Submit 22”x34” final sealed 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 * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * 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. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * 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 Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment C ZA19-0010 Page 5 The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. 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 located in a vault, or a minimum of 6’X6’ if it is located on the riser. (It appears that the total linear length of pipe from inside the riser room to the city main is in excess of 100 feet). Public Works Traffic Division Stephanie Taylor Transportation Manager Phone: 817-748-8216 Email: staylor@ci.southlake.tx.us No comments. General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit, a 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. * Denotes Informational Comment Case No. Attachment D ZA19-0010 Page 1 Surrounding Property Owners Lot 7, Block 1, Morrison Office Park Owner Property Address Zoning Acreage Response 1. BONOLA FAMILY LTD PRTNSHP 2540 E STATE HWY 114 C3 1.15 NR 2. SAM 114 TWO LLC 315 MORRISON PARK DR SP2 0.40 F 3. SAM 114-KIMBALL COMMERCIAL LLC 305 MORRISON PARK DR SP2 1.65 F 4. SAM 114 TWO LLC 300 MORRISON PARK DR SP2 0.62 F 5. SAM 114 TWO LLC 330 MORRISON PARK DR SP2 0.46 F 6. SAM 114 TWO LLC 325 MORRISON PARK DR SP2 0.51 F 7. SOUTHLAKE PROPERTY MANAGEMENT 2600 E STATE HWY 114 C3 1.25 NR 8. ANCOR REALTY 2720 LLC 2720 E STATE HWY 114 SP2 1.52 NR 9. 100 EAST MIDWAY LLC 409 SHADY LN AG 8.66 NR 10. SAM 114 TWO LLC 320 MORRISON PARK DR SP2 0.52 F 11. Supt. of Carroll ISD 2400 N Carroll Ave NR 12. Supt. of Grapevine Colleyville ISD 3051 Ira E Woods Ave NR 13. Supt. of Northwest ISD PO Box 77070 NR 14. Supt. of Keller ISD 350 Keller Pkwy NR 15. City of Grapevine P.O. Box 95104 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Letters Sent: Nine (9) Responses Received: In Favor: 6 Opposed: 0 Undecided: 0 No Response: 9 Case No. Attachment E ZA19-0010 Page 1 Surrounding Property Owner Responses Case No. Attachment E ZA19-0010 Page 2 Case No. Attachment F ZA19-0010 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-491C 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 1-7, BLOCK 1, MORRISON OFFICE PARK, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE LIMITED “C-3” GENERAL COMMERCIAL DISTRICT USES TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE LIMITED “C-3” GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person Case No. Attachment F ZA19-0010 Page 2 or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land thro ughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, 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- Case No. Attachment F ZA19-0010 Page 3 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 Lots 1-7, Block 1, Morrison Office Park, Southlake, Tarrant County, Texas, being approximately 6.19 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District with “O-1” Office District uses to include limited “C-3” General Commercial District uses to “S-P-2” Generalized Site Plan District with “O-1” Office District uses to include limited “C-3” General Commercial District uses with all of the uses and regulations approved with Ordinance Nos. 480-491, 480-491a, and 480-491b to include the additional uses and regulations as depicted on the associated concept and site plans and in accordance with the development regulations and site plan incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment F ZA19-0010 Page 4 Morrison Office Park RE: MORRISON OFFICE PARK DEVELOPMENT REGULATIONS, CASE NO ZA19-0010 IN SUMMARY: ALL DEVELOPMENT REGULATIONS FROM PREVIOUSLY APPROVED SP-2 ZONING FOR MORRISON OFFICE PARK ARE TO REMAIN AS BELOW, EXCEPT IN THE CASE OF LOT 7. ORIGINALLY LOT 7 INCLUDED A SHOWROOM AND A GENERAL OFFICE SUITE. WITH THIS REVISION, LOT 7 WILL INCLUDE INSTEAD A MEDICAL OFFICE SUITE WITH AN AREA OF 7,686 SQFT AND A GENERAL OFFICE SUITE OF 2,910 SQFT. NOTES SHOWN BELOW IN ITALICS ARE THE ONLY REQUESTED REVISIONS TO THE EXISTING SP-2 ZONING FOR MORRISON OFFICE PARK: 1. Accepting the “O-1” Office District uses and development regulations to include the following “C-3” General Commercial District uses on Lot 7 only: a. Restricting the C-3 General Commercial uses to plumbing fixture showroom and related furnishings only; SHOWROOM IS NO LONGER REQUESTED FOR LOT 7. b. Carports as shown on the site plan and included elevation for Lot 1 shall be permitted as an accessory use. THE CARPORTS ARE EXISTING ON LOT 1 PER PREVIOUSLY APPROVED SP-2 ZONING. 2. Accepting the proposed development regulation allowing a front setback along the proposed street to be not less than ten (10) feet; 3. Front Yard Setback Lot 7 Adjacent to SH114 – Not less than 35 feet; 4. Accepting the proposed development regulation allowing a maximum overall impervious coverage not to exceed 58%; however, individual lots may not exceed 85%; 5. Accepting the proposed development regulation allowing bufferyards along interior lot lines not be required; 6. Accepting the proposed development regulation allowing the west portion of the front bufferyard be encroached by the common access drive; 7. Accepting the proposed development regulation allowing a parking ratio of 1 space per 300 square feet for Lot 7; THE PROFESSIONAL OFFICE SUITE (2,910 SQFT IN AREA) WILL HAVE A PARKING RATIO OF 1 SPACE PER 300 SQUARE FEET, AND THE MEDICAL OFFICE (7,686 SQFT IN AREA) WILL HAVE A PARKING RATIO OF 1 SPACE PER 150 SQUARE FEET. 8. Accepting the proposed development regulation allowing the trash receptacle located on Lot 2 to be located in the front yard; 9. Accepting the proposed development regulation allowing a total of 3 trash receptacles to be permitted for the development; 10. Accepting the proposed development regulation allowing the architectural style of each building within the development to respect the elevations provided and conveyed with the Concept Plan; 11. Accepting the proposed development regulation allowing the north boundary fencing to be maintained as a 6-foot iron fence; 12. Granting the requested variance allowing a 40-foot R.O.W. width; 13. Granting the requested variance allowing driveway stacking depths of 13 fee and 12.5 feet; 14. Granting the requested variance allowing interior landscape requirements to be equally distributed throughout the development; Case No. Attachment F ZA19-0010 Page 5 15. Accepting the applicant willingness to comply with the following: a. No loading dock; b. Save trees per exhibit presented; c. Require boring to protect trees; d. Increase detaining pond capacity; 16. Subject to the elevations for the dumpster and retaining wall as presented; 17. Requiring an 8-foot masonry wall along the residential lots up to the common area; 18. Accepting the applicant’s agreement to place a Superior Concrete Fence along the neighbor’s houses similar to the one at the Mira Vista development shown in tonight’s presentation and will continue to maintain the fence at the applicant’s cost. EXISTING FENCE HAS BEEN CONSTRUCTED PER PREVIOUS SP-2 ZONING. 19. Requiring a utility stub-out to the north property; 20. Subject to the lighting plan; 21. Subject to staff review of utility considerations as provided in the presentation; 22. Subject to the building materials (roof tile, shutters, wrought iron) as described in the architectural plans; 23. Subject to the following comments in the Zoning and Plan Review Summary No. 2, dated October 3, 2008: 1. The following changes are needed to the development regulations: a. Move the proposal for the carports from the variance section to the use section and list as a permitted accessory use as described and as shown on the attached site plan and architectural elevations. Show the carports on Lot 1. CARPORTS ARE EXISTING PER PREVIOUSLY SP-2 ZONING. b. Correct the regulations in the letter to match City Council’s original approval. It has not been updated since that time. 2. Label all proposed fire lanes. Fire lanes must meet hose-lay coverage requirements. Fire lanes are required to be 24’ in width and a minimum interior radius of 30’. 3. Include Lot 1 in the Site Data Summary and change “Medical” Office Building to “General” Office Building for Lots 1 – 6 and Office/Retail Showroom on Lot 7. The site is not parked to accommodate medical uses 4. ALL LOTS (1 – 6) IN THE SITE DATA SUMMARY REFLECT “GENERAL” OFFICE. LOT 7 HAS SUFFICIENT PARKING PER CODE FOR ONE “MEDICAL” SUITE OF 7,686 SQUARE FEET IN AREA AND ONE “GENERAL” OFFICE SUITE OF 2,910 SQUARE FEET IN AREA. 5. THE REMAINING VACANT LOT 7 IS INTENDED TO HAVE ONE “GENERAL” OFFICE SUITE OF 2,910 SQUARE FEET. (1,909 SQUARE FEET ON THE FIRST FLOOR AND 1,001 SQUARE FEET ON SECOND FLOOR) AND A MEDICAL OFFICE OF 7,686 SQUARE FEET ON THE FIRST FLOOR ONLY. 24. Allow 30’6” and 30’10” lengths for horizontal articulation on the east elevation for the building on Lot 7, in lieu of the required 28’6” length. These values would represent a 24” and a 28” variance, respectively, compared to the required length. Conditions of approval with Ordinance No. 480-491c: Reserved for City Council motion Case No. Attachment F ZA19-0010 Page 6 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, 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. Case No. Attachment F ZA19-0010 Page 7 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 TwoThousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, 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. Case No. Attachment F ZA19-0010 Page 8 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 _________, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _______ day of, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA19-0010 Page 7 EXHIBIT “A” Being described as Lots 1-7, Block 1, Morrison Office Park, Southlake, Tarrant County, Texas, according to the plat filed as Instrument # D209037494, Plat Records, Tarrant County, Texas and being approximately 6.194 acres. Case No. Attachment F ZA19-0010 Page 8 EXHIBIT “B” CONCEPT PLAN 480-491 Case No. Attachment F ZA19-0010 Page 9 SITE PLAN APPROVED WITH 480-491a Case No. Attachment F ZA19-0010 Page 10 SITE PLAN 48-0491b Case No. Attachment F ZA19-0010 Page 11