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Item 7BCase No. ZA19-0011 S T A F F R E P O R T April 9, 2019 CASE NO: ZA19-0011 PROJECT: Zoning Change and Site Plan for First National Bank EXECUTIVE SUMMARY: On behalf of 114 La Paloma Holdings, LLC, SLI Group, Inc. is requesting 1st Reading approval of a Zoning Change and Site Plan for First National Bank on property described as a portion of Tract 1B, James J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 2001 Shady Oaks Dr., Southlake, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #5. DETAILS: This project is located between Shady Oaks Dr. and the W. S.H. 114 frontage road just south of W, Dove Rd. The purpose of this request is to seek 1st Reading approval of a Zoning Change and Site Plan from “AG” Agricultural District to “S-P-1” Detailed Site Plan District to develop a three-story, approximately 16,000 square foot building for First National Bank on approximately 2.2 acres of an approximately 6.965 acre tract. The remainder of the 6.965 acre tract will retain the current “AG” Agricultural Zoning designation until the property is developed in the future. The “S-P-1” zoning is based on the “O-2” Office District uses and regulations with mo difications requested to the requirements for residential adjacency setback, trash receptacle enclosure location and an 8’ opaque fence that is required in the F1 bufferyard adjacent to the property zoned “SF -1A” Single Family Residential District. The proposed development includes a two-lane drive-thru for the bank. A Preliminary Plat for the entire tract is being processed concurrently (ZA19 -0015). Site Data Summary Existing Zoning “AG” Proposed Zoning “S-P-1” Land Use Designation Office Commercial Gross/Net Acreage 2.22 ac./2.01 ac. Total Building Floor Area (Gross) Floor Area by Use General Office 16,000 s.f. 16,000 s.f. Building Height/Number of Stories 50’ 5” / 3 stories Open Space % 38.3% Impervious Coverage % 61.7% Total Parking Required 58 Total Parking Spaces Provided 58 Case No. ZA19-0011 Regulation “O-2” Office District “S-P-1” Regulation Residential Setback (Section 43) No non-single family residential building may encroach in the area above a slope of 4:1 from any single- family residential property. Allow the building to encroach into the 4:1 slope area as shown on the exhibit on the Site Plan. Trash Receptacle Enclosure (Section 43) No trash receptacles shall be located within 50’ of single family residential property and trash receptacles shall be located to the side or rear of the principal building. Allow the trash receptacle to be located ±44’ from the SF-1A zoned property to the west and allow the enclosure to be located forward of the principal building. Screening adjacent to “SF-1A” property to the west 8’ solid screen adjacent to residential property is required in Sections 39.6(a) and 42.7(a) Allow a vegetative screen as shown in one of the buffer options. VARIANCES REQUESTED: 1) Driveway Ord. No. 634, as amended requires a stacking depth of 50’ for all driveways. The applicant is requesting a variance to allow the following stacking depths: a. To a minimum of 25’-0” on the North Drive at S.H. 114. b. To a minimum of 25’-0” on the South Drive at S.H. 114. The Planning and Zoning Commission recommended approval of the item at their March 21, 2019 meeting subject to the following conditions: P&Z Commission Conditions Applicant’s Response Not approving Variance No. 2, which deals with the commercial access onto Shady Oaks Dr. The driveway access onto Shady Oaks Dr. has been removed. Not approving Variance No. 3, which allows for a carte blanche 5’ sidewalk versus an 8’ sidewalk along Shady Oaks Ln. An 8’ multi-use trail is shown along Shady Oaks Dr. Present a revised Site Plan to City Council that shifts the building and impervious coverage in such a way that there is at least a 20’ buffer between Shady Oaks Dr. and the beginning of any type of impervious coverage on the lot The building and impervious coverage have been shifted to the east and a 20’ buffer is provided along the Shady Oaks Dr. right of way. Case No. ZA19-0011 Present a revised Site Plan that removes the five parking spaces that are the furthest southwest and reallocate them in such a way that does not materially alter the landscape and tree coverage that is otherwise presented Three of the five parking spaces have been relocated south of the drive-thru. Present an option for a buffer, whether that is a vegetative organic buffer and/or a masonry type structure buffer or wall and maybe both. Two options for a buffer have been provided. One option proposes vegetative screening along the west property boundary and one option proposes an 8’ masonry wall in the F1 bufferyard adjacent to the “SF-1A” property to the west transitioning to a 5’ masonry wall along the Shady Oaks Dr. right of way. 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. 5, dated April 8, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-759 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative, S-P-1 Regulations and Variance Request Letter Link to Plans Link to Renderings Link to Corridor Planning Committee Report dated August 2, 2018. Link to Corridor Planning Committee Report dated September 12, 2018 Link to Corridor Planning Committee Report dated January 24, 201 9 Link to SPIN meeting Report dated October 23, 2018 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA19-0011 Page 1 BACKGROUND INFORMATION OWNER: 114 La Paloma Holdings, LLC APPLICANT: SLI Group, Inc. PROPERTY SITUATION: 2001 Shady Oaks Dr., located between Shady Oaks Dr. and the W. S .H. 114 frontage road just south of W, Dove Rd. LEGAL DESCRIPTION: A portion of Tract 1B, James J. West Survey, Abstract No. 1620 LAND USE CATEGORY: Office Commercial CURRENT ZONING: “AG” – Agricultural District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: The property was incorporated into the City in 1956. There is no development history on the property. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Office Commercial. Office Commercial Land Use Category The purpose of the Office Commercial land use category as defined by the SH 114 Corridor Plan is as follows: 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 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. Optional Land Use Designation – Corporate Office Overlay The subject property falls within the Multi-Tenant Office Overlay, which is one of the three Corporate Office Overlay designations within the City’s SH 114 Corridor. The SH 114 Corridor Land Use Plan gives the following purpose and definition for the Corporate Office Overlay: The Corporate Office Overlay is an overlay category designe d and intended for the use of high-quality, medium to large-scale office buildings or campuses and their ancillary uses and structures. This district is inherently suited for the development of office developments 50,000 square feet or larger for the use of corporate or regional headquarters, professional services firms, financial firms, information technology and Case No. Attachment A ZA19-0011 Page 2 media companies, biomedical companies, and other users which drive demand for medium to large-scale office buildings or campuses. Ideally, such developments will be located in areas adjacent to and contiguous with existing users of the same type and scale to create a critical mass of daytime population within the city. These uses will be well-connected to the existing highway and arterial street network, with the buildings themselves typically presenting one or more significant façades along the 114 Corridor. Multi-Tenant Office Overlay The Multi-Tenant Office category is a commercial overlay category designed and intended for the use of high -quality, medium to large-scale office buildings of 2-4 stories that may be build-to-suit or speculative (“spec”) built. These buildings are less prominent than high -rise office with floor layouts that are designed for maximum user flexibility. Applicable Comprehensive Plan Recommendations: Southlake 2035 SH 114 Corridor Plan LU12 - New office development should conform to areas and formats addressed in overlay districts. LU14 - New office development should conform to areas and formats addressed in overlay districts. LU15 - Surface parking along S.H. 114 is discouraged unless adequately screened and buffered. Underground parking or structured parking is preferred when development scale permits. LU16 - Modify the Zoning Ordinance to allow for incentives on projects that reduce their development footprint such as but not limited to allowing for a greater height or number of stories permitted in conjunction with a massing study, if a greater degree of landscaping or open space is provided or with features such as underground/structured parking. LU17 - Encourage creative design and development to address potential impact on adjacent residential subdivisions. Future development should be approved in a manner that is sensitive to potential impacts on adjacent residential areas, particularly as related to noise, traffic, building heights, lighting and views. Economic Development Master Plan ED7 - Evaluate the existing multi-tenant garden office market supply/demand and establish land use policies based on the re sults. METRIC - Based on the supply/demand analysis, modify the Southlake 2035 Land Use Plan and identify specific areas where multi -tenant garden office should be located. These developments should be discouraged along State Hwy 114. Mobility & Master Thoroughfare Plan Shady Oaks Dr. is classified as C2U (60’ 2 -lane undivided collector) per the Southlake 2030 Mobility Master Plan. The street is built to this specification. Case No. Attachment A ZA19-0011 Page 3 S.H. 114 is classified as a Freeway and with 500’ of right of way. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a Future Multi-Use sidewalk (>=8’) along the east side of Shady Oaks Dr. and along the W. S.H. 114 frontage road. The applicant is proposing to construct an 8’ multi -use trail along the W. S.H. 114 frontage road and a previous variance to the Subdivision Ordinance to allow a 5’ sidewalk along the east side of Shady Oaks Dr. instead of an 8’ multi-use trail has been withdrawn per the P&Z Commission motion for approval. An 8’ multi-use trail is now provided along Shady Oaks Dr. also. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Two right-in, right-out only driveways are proposed on the S.H. 114 frontage road. A right-out only driveway that was proposed on Shady Oaks Dr. has been removed per the Planning and Zoning Commission motion for approval. Traffic Counts SH 114 Frontage Rd (002E) (Between Dove Rd. entrance ramp and White Chapel Blvd.) 24hr East Bound (3,079) AM Peak AM (790) 7:30 – 8:30AM PM Peak PM (252) 16:45 – 17:45PM Shady Oaks Dr (55) (Between Highland St and Dove Rd) 24hr North Bound (1,239) South Bound (1,157) AM Peak AM (164) 7:45 – 8:45AM Peak AM (206) 7:45 - 8:45AM PM Peak PM (137) 15:30 – 16:30PM Peak PM (163) 15:00 – 16:00PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. Traffic Impact Use Area (s.f.) Vtpd* AM- IN AM- OUT PM- IN PM- OUT ITE Code (710) General Office 16,000 176 22 3 4 20 * 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 TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -E because it is being rezoned. There is approximately 66.24% existing tree cover on the site, of which, approximately 30.80% is proposed to be preserved. A request for a standard zoning district would require that a minimum 40% of existing tree cover be preserved. Case No. Attachment A ZA19-0011 Page 4 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 site is served by an existing 6’ water line and 12” sewer line in Shady Oaks Dr. DRAINAGE: Drainage on the property is currently sheet flow from southeast to west and north across the property. The drainage on the east portion of the property is proposed to be piped to an existing culvert at the northwest boundary of the property and the drainage on the west portion of the property is proposed to drain to an existing swale along Shady Oaks Dr. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on October 23, 2018. Link to SPIN Report 2035 Corridor Planning Committee meetings were held on August 2, 2018, September 12, 2018 and January 24, 2019. Link to Corridor Planning Committee Report dated August 2, 2018. Link to Corridor Planning Committee Report dated September 12, 2018 Link to Corridor Planning Committee Report dated January 24, 2019 PLANNING AND ZONING COMMISSION ACTION: March 21, 2019; Approved (5-0) subject to the staff report dated March 15, 2019 and Site Plan Review Summary No. 3, dated March 14, 2019; Case No. Attachment A ZA19-0011 Page 5  Approving Variance No. 1, which is to the Driveway Ordinance amending stacking depth, but not approving Va riance No. 2, which deals with the commercial access onto Shady Oaks, and not approving Variance No. 3, which allows for a carte blanche 5’ sidewalk versus an 8’ sidewalk, and;  Noting the applicant’s willingness to present a revised Site Plan to City Council that shifts the building and impervious coverage in such a way that there is at least a 20’ buffer between Shady Oaks. Ln. and the beginning of any type of impervious coverage on the lot;  Also noting the applicant’s willingness to present a revised Site Plan that removes the five parking spaces that are the furthest southwest and reallocate them in such a way that does not materially alter the landscape and tree coverage that is otherwise presented, and;  Presenting an option for a buffer, whether that is a vegetative organic buffer and/or a masonry type structure buffer or wall and maybe both. STAFF COMMENTS: Attached is Review Summary No. 5, dated April 8, 2019. Variance approval criteria for Driveway Ordinance No. 634, as amended: 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 th e 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/Residential Adjacency Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y S-P-1 Regulation Interior Landscape Y Complies Tree Preservation Y City Council approves as part of “S-P-1” zoning Sidewalks Y Complies Case No. Attachment B ZA19-0011 Page 1 Case No. Attachment C ZA19-0011 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA19-0011 Review No.: Five Date of Review: 04/08/19 Project Name: Zoning Change and Site Plan – First National Bank APPLICANT: Tom Baiker, AIA OWNER: Chad Cross SLI Group, Inc 114 La Poloma Holdings, LLC 550 Westlake Park Blvd. #300 1207 S. White Chapel Blvd. #150 Houston, TX 77079 Southlake, TX 76092 Phone: (713) 465-4650 Phone: (817) 416-7300 E-mail: tbaiker@sligroup.com E-mail: mike@millswealthadvisors.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/05/19 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. Split lot zoning is not permitted. An application for a Preliminary Plat for the entire unplatted tract that shows the 2.2 acre portion as one lot and the remainder of the tract as a separate lot to be developed in the future has been submitted (ZA19 -0015). Approval of a Zoning Change and Concept, Site or Development Plan will be required for the remaining portion of the tract prior to approval of a Final Plat for that property. The Preliminary Plat and Final Plats must comply with the underlying zoning. A Final Plat must be processed, approved and recorded with the County prior to the conveyance of any portion of the property or the issuance of any building permits. A Final Plat must be approved by the Planning and Zoning Commission prior to the execution of a Developer’s Agreement. 2. The right of way for the previous alignment of Shady Oaks Dr. must be abandoned prior to approval of the Zoning Change and Site Plan. 3. Please make the following changes to the Site Plan: a. Show, label and dimension the width of the right of way and traveled roadway on or adjacent to the site. Shady Oaks is shown as a two -lane collector with 60’ of right of way on the Master Thoroughfare Plan. Provide, show and dimension 30’ of right of way based on the established centerline in addition to showing the dimensions of the full width of the right of way. Show the established centerline based on dedications made by adjoining plats or right of way dedications. b. Label the areas of right of way dedication in square feet as is shown on the Landscape Plan, but use the correct area calculations that sum to the difference between the gross acreage and net acreage, which is 9,033 square feet. Th e areas on the Landscape Plan currently sum to 8,972 square feet. c. Show, label and dimension the width of any easements on or adjacent to the site, if any. d. Extend the sidewalk along Shady Oaks Dr. the full length of the right of way adjacent to the property to the property to the property to the north. Case No. Attachment C ZA19-0011 Page 2 * The trash receptacle enclosure is located forward of the principal building and approximately 44’ from the “SF-1A” zoned property to the west (50’ required). An S-P-1 regulation has been added to allow the dumpster in the location shown. 4. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Label the width of the driveway on each side of the islands on the two S.H. 114 d riveways. The islands cannot have any signs or other above ground structures that would inhibit access by emergency vehicles. 5. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Please provide the surveyed trees numbers on the Tree Conservation Plan. Or, provide a separate Tree Survey. * If the development was proposed as standard zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 66.24% on the net site area, which does not include the proposed right-of-way dedication. 40% of the existing tree cover would be required to be preserved but only 30.80% 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 exi sting 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 Case No. Attachment C ZA19-0011 Page 3 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 Commissio n 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 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: * The applicant is proposing 10’ - B type bufferyards along Shady Oaks Drive and along the south property line. The minimum of a 5’ – A type bufferyard is required to be provided for both of these bufferyards. * The applicant is requesting that the 8’ ma sonry wall not be required within the west 10’ – F1 bufferyard in one of the buffer options. An alternative bufferyard plan with continuous vegetative screening is provided. The difference in the additional amount of plant material provided in the design without the wall is; 6 – Canopy Tree 21 – Accent Trees 50 – Shrubs * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA19-0011 Page 4 Public Works/Engineering Review Brent Anderson, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: baanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. DRAINAGE COMMENTS: 1. Submittal does not indicate plans for storm water detention. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 5 and 100- year storm events. Detention may be required with any new proposed building construction. Describe how in creased runoff from site is being addressed. Access easements are needed for maintenance of detention ponds. 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 infrastruc ture. Construction plans for Case No. Attachment C ZA19-0011 Page 5 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 Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: 1. The required backflow protection (double check valve) for the sprinkle r 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 floor to the city main is slightly in excess of 100 feet) Transportation Manager Review Stephanie Taylor Transporation Manager 817-748-8216 staylor@ci.southlake.tx.us No comments. General Informational Comments * A SPIN meeting for this project was held on October 23, 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 Rec ords, 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 Case No. Attachment C ZA19-0011 Page 6 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. * A permit from TxDOT must be obtained prior to any curb cut along S.H. 114. * Denotes Informational Comment Case No. Attachment D ZA19-0011 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. 114 LA PALOMA HOLDINGS LLC AG 2001 SHADY OAKS DR 5.64 NR 2. SHIVERS FAMILY PARTNERSHIP AG 1835 SHADY OAKS DR 21.53 NR 3. ROSS, KENNETH SF2 2050 SHADY OAKS DR 4.49 F 4. KOPPALA, SRINIVASULU SF1-A 685 W DOVE RD 2.06 F 5. NEILL, ROSEMMA SF1-A 2201 SHADY OAKS DR 1.50 NR 6. JAMAL, SYED SF2 2000 SHADY OAKS DR 4.96 NR 7. SPICKLER, DENNIS G SF1-A 1950 SHADY OAKS DR 8.17 NR 8. DAVIS, GORDON WAYNE SF2 1900 SHADY OAKS DR 9.99 O 9. SOUTHLAKE MEADOWS RESIDENTIAL RPUD 2413 AMELIA ISLAND PATH 13.00 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Case No. Attachment D ZA19-0011 Page 2 Notices Sent: Nine (9) Responses Received within 200’: Three (3) – Attached Responses Received outside 200’: Two (2) – Attached Case No. Attachment D ZA19-0011 Page 3 Responses Received Within 200’ Case No. Attachment D ZA19-0011 Page 4 Case No. Attachment D ZA19-0011 Page 5 Case No. Attachment D ZA19-0011 Page 6 Case No. Attachment D ZA19-0011 Page 7 Case No. Attachment D ZA19-0011 Page 8 Responses Received Outside 200’ Case No. Attachment D ZA19-0011 Page 9 Case No. Attachment D ZA19-0011 Page 10 Case No. Attachment D ZA19-0011 Page 11 Case No. Attachment D ZA19-0011 Page 12 Case No. Attachment E ZA19-0011 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-759 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 A PORTION OF TRACT 1B, JAMES J. WEST SURVEY, ABSTRACT NO. 1620, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.2168 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG ” AGRICULTURAL 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 pu blic health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA19-0011 Page 2 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 hazar ds 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; e ffect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment E ZA19-0011 Page 3 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, 198 9, 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 a portion of Tract 1B, James J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas being approximately 2.2168 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA19-0011 Page 4 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 bo th 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 ZA19-0011 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 enf orcement 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 ZA19-0011 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 thi s 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 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 Case No. Attachment E ZA19-0011 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0011 Page 8 EXHIBIT “A” Being described as a portion of Tract 1B, James J. West Survey, Abstract No. 1620 , City of Southlake, Tarrant County, Texas, being approximately 2.2168 acres and being more particularly described as follows: Metes and Bounds Description Case No. Attachment E ZA19-0011 Page 9 EXHIBIT “B” Reserved for approved Site Plan