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Item 6ACase No. ZA18-0061 S T A F F R E P O R T April 30, 2019 CASE NO: ZA18-0061 PROJECT: Zoning Change and Site Plan for Nolen Office Park EXECUTIVE SUMMARY: On behalf of South Nolen Medical Investments, LTD, Baird, Hampton & Brown is requesting approval of a Zoning Change and Site Plan to include a Variance to the Masonry Ordinance No. 557, as amended, for Nolen Office Park Phase 2 on property described as Tract 2A02A, Thomas Easter Survey, Abstract No. 474, City of Southlake, Tarrant County, Texas and located at 2627 E. Southlake Blvd. (also addressed as 200 S. Nolen Dr.), Southlake, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The proposed development is located on the west side of S. Nolen Dr., approximately 290 feet south of E. Southlake Blvd. The purpose of this request is to obtain approval of a zoning change and site plan that will accommodate a single lot office development with four single story buildings totaling approximately 26,974 square feet intended for mixed general and medical office use on approximately 3.7 acres. The project is anticipated to include construction of a portion of Village Center Drive. Site Data Summary Existing Zoning AG – Agricultural District Proposed Zoning S-P-1 – Detailed Site Plan District Percentage of Open Space 35.14% Percentage of Impervious Coverage 64.86% Proposed Floor Area by Use Medical Office - 14,470 s.f. General Office - 12,504 s.f. Required Parking Medical Office - 98 General Office - 42 Total - 140 Provided Parking 140 Case No. ZA18-0061 Regulation Standard O-1 District S-P-1 Regulation Tree Preservation Minimum 50% Minimum 31.1% S-P-1 REGULATIONS: NOLEN OFFICE PARK PHASE 2 USE AND DEVELOPMENT REGULATIONS FOR “SP1” ZONING PERMITTED USES: Lot 1, Block 2 Any use permitted in the “O-1” Office District DEVELOPMENT REGULATIONS: This property shall be subject to the development regulations of the “O-1” Office District, Section 18 of Zoning Ordinance No. 480, as amended, and all other applicable regulations of Zoning Ordinance No. 480, as amended, with the following exceptions: 1. Tree preservation shall be approximately 31.1% VARIANCE REQUESTS: The following variances are requested: Driveway Ordinance No. 634, as amended, Section 5.2(d) requires a minimum stacking depth of 75’ at this location. The applicant is requesting stacking depths of 54’ off S. Nolen Drive and 50’ for both driveways off Village Center Drive. Masonry Ordinance No. 557, as amended, requires all buildings to have exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers. We are requesting a variance to allow the wood look cement fiber board as shown on the submitted elevations. P&Z Recommendations Applicant’s Response Ensure all mechanical equipment will not be visible from the future Village Center Drive or from Nolen Drive. The applicant has confirmed most of the equipment will be placed and screened on the rooftops. Any necessary generator(s), depending on tenant(s), will be properly screened per Ordinance requirements. To help alleviate issues with reduced stacking from driveway off Nolen, eliminate the two most eastern parking spaces shown on the plan. Although the stacking variance remains due to the first turning movement to the north, the two parking spaces, as recommended, have been removed. Extend the future Village Center Drive and adjacent northern sidewalk to the west boundary. The applicant did not revise this component of the site plan. The applicant is prepared to discuss the cost of proposed infrastructure with City Council. Case No. ZA18-0061 Provide an alternate site plan reducing the impervious coverage to maximum 65% and tree preservation to at least 25% The applicant has revised the site plan and reduced the impervious coverage to 64.86% by removing the two recommended parking spaces and the sidewalk along the east side of building 1. The tree preservation was increased to approximately 31.1% by changing 11 trees previously marked as marginal to being saved. ACTION NEEDED: Consider 2nd Reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 4, dated April 8, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-757 • Presentation • Narrative • S-P-1 Regulations • Plans • Masonry Table • SPIN Meeting Report • Corridor Committee Meeting Report • Comprehensive Plan Review • VCD Credit Proposal Letter STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA18-0061 Page 1 BACKGROUND INFORMATION OWNER: South Nolen Medical Investments, LTD APPLICANT: Baird, Hampton & Brown PROPERTY SITUATION: 2627 E. Southlake Blvd. (also addressed as 200 S. Nolen Dr.) LEGAL DESCRIPTION: Tract 2A02A, Thomas Easter Survey, Abstract No. 474 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses HISTORY: - The property was annexed into the Town of Southlake in 1956 as “AG” (Ord. No. 041). - The property is the undeveloped remainder of the original tract from which Nolen Center to the north was developed. SOUTHLAKE 2035 PLAN: Future Land Use Plan The site is designated “Retail Commercial” Purpose and Definition The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Nolen Drive. to be a 3-lane undivided arterial with 70’ of right of way. A common access easement and driveway extends from Nolen Center into the northeastern portion of the tract providing access onto S. Nolen Drive. The future Village Center Drive is planned as a 2-lane undivided collector street. The proposed site plan indicates 2 access drives onto Village Center Drive. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan calls for minimum 5’ sidewalks along S. Nolen Case No. Attachment A ZA18-0061 Page 2 Drive and S. Village Center Drive. The proposed site plan shows required sidewalks. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development has shared access with the development to the north from S. Nolen Drive and will have future access from Village Center Drive. The proposed project is anticipated to include construction of a portion of Village Center Drive. Village Center Drive is planned as a 2-lane undivided collector with 60’ of right of way. A portion of the south half of the 60’ ROW for S. Village Center has been dedicated to City which adjoins the south boundary of the subject tract. S. Nolen Ave. (between E. Southlake Blvd & Crooked Ln.) 24hr North Bound (3,036) South Bound (3,068) AM Peak (353) 11:45 AM – 12:45 PM Peak (345) 8:15 – 9:15 AM PM Peak (395) 4:30 – 5:30 PM Peak (345) 12:45 – 1:45 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for the proposed development. Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT General Office 13,000 s.f. 143 18 2 3 16 Medical Office 14,000 s.f. 506 33 17 25 37 * 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: There is 46.9% of existing tree cover on the site. The submitted Tree Preservation Plan shows 31.1% is proposed to be preserved, not including the Borderline trees canopy cover. The Environmental Resource Map identifies the area as having “Existing Tree Cover” but not as an area of “Tree Preservation.” CITIZEN INPUT/ BOARD REVIEW: A SPIN Forum for this project was held December 11, 2018. A 2035 Corridor Committee Meeting was held August 2, 2018. Links to the summary reports for those meetings can be found on page 3 of this report. PLANNING & ZONING COMMISSION: April 4, 2019; Approved (5-1) subject to the Staff Report dated April 4, 2019 and Revised Site Plan Review Summary No. 3, dated April 4, 2019; approving requested variances subject to mechanical equipment not visible from (future) Village Center Drive and Nolen Drive; eliminating two most eastern parking spaces shown on the site plan; extending construction of Village Center Drive and northern sidewalk to the west Case No. Attachment A ZA18-0061 Page 3 property boundary; providing an alternate site plan (to City Council) showing a maximum 65% impervious coverage and at least 25% tree preservation. Commissioner Dyche cast a dissenting vote because he was concerned about sending an application with possible multiple revisions forward to City Council. CITY COUNCIL: April 16, 2019; Approved 1st Reading (7-0) subject to the Staff Report dated April 9, 2019 and Site Plan Review Summary No. 4, dated April 8, 2019; noting the applicant will work with city staff to investigate possible options to extend the future Village Center Drive to their west boundary; approving the requested variances to driveway stacking and masonry as presented; and, noting the applicant’s agreement that ground equipment will by sufficiently screened by shrubbery. The applicant has submitted a Cost Credit Proposal for the construction of a portion of Village Center Drive; it is included with the meeting packet materials for this item and linked to this report. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated April 8, 2019. The criteria for granting a variance to Driveway Ordinance No. 634, as well as Masonry Ordinance No. 557, are below: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create and 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 and Residential Adjacency Building Articulation Y Complies Masonry Standards Y Variance Requested Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Tree Preservation Y S-P-1 regulation written allowing a minimum 31.1% Sidewalks Y Complies Case No. Attachment B ZA18-0061 Page 1 Case No. Attachment C ZA18-0061 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0061 Review No.: Four Date of Review: 4/08/19 Project Name: Zoning Change and Site Plan – Nolen Office Park Phase 2 APPLICANT: Baird, Hampton & Brown OWNER: South Nolen Medical Investments, Ltd Daniel Franklin, PE Craig Wilkinson 3801 William D. Tate, Ste 500 365 Miron, Ste A Grapevine, TX Southlake, TX Phone: 817-251-8550 x303 Phone: 817-416-3981 Email: dfranklin@bhbinc.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/05/19 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 THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. Driveway Ordinance No. 634, as amended, Section 5.2(d) requires a minimum stacking depth of 75’ at this location. A variance is requested allowing stacking depths of 54’ off S. Nolen Drive and 50’ for both driveways off Village Center Drive. 2. Masonry Ordinance No. 557, as amended, requires all buildings to have exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers. A variance is requested to allow the wood look cement fiber board as shown on the submitted elevations. 3. A Preliminary Plat (see ZA18-0062) that conforms to the underlying zoning district must be processed and approved and a Final Plat that conforms to the underlying zoning and Preliminary Plat must be processed, approved and recorded prior to the issuance of any building permits. The Final Plat must be approved by the Planning and Zoning Commission prior to the approval of the Developer’s Agreement. 4. Construction of Village Center Drive, and any utilities, need to extend to the west boundary of the site. 5. Utilities visible from the right of way or future right of way (Village Center Drive) are required to be properly screened. * Please be aware when submitting for a building permit, any variation from the approved site plan, elevations and associated plans will require a zoning change. Case No. Attachment C ZA18-0061 Page 2 * A development parking analysis will be required prior to the issuance of Certificates of Occupancy or re-occupancy to ensure medical and general office parking ratios are met. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Please note the proposed S-P-1 zoning is limited to “O-1” Office District uses. Some of the signs shown on the color renderings are inconsistent. * Any credits for road, sidewalk and/or utility construction affiliated with Village Center Dr. will be addressed as part of the Developer’s Agreement. The following are recommendations and observations by staff where your application may benefit and does not represent a requirement. • Staff recommends providing a materials sample board with all exterior façade materials. • All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. The percentage of existing tree cover is 46.9%. Approximately 31.1% of the existing tree cover (not including the borderline trees canopy cover) is proposed to be preserved. For standard zoning districts, a minimum of 50% of the existing tree cover would be required to be preserved. However, this is a proposal for “S-P-1” Detailed Site Plan District as is subject to the following: (Section 7.2.b. Ord. 585, as amended) 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 Case No. Attachment C ZA18-0061 Page 3 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. * If the site was being developed under a standard zoning district, preservation would be required in accordance with Table 2.0 below. For this site, 50% of the existing tree cover would need to be preserved. For properties developed under a standard zoning district, except as provided by subsection 7.2.b. (noted above) 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. LANDSCAPE COMMENTS: 1. Existing trees proposed to be preserved are being credited toward some of the required interior landscape and bufferyard 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. If any of the existing trees shown as Borderline and within in the parking lot islands die, or are removed, the required canopy tree will be required to be planted within the island. Existing trees shown as Borderline and preserved within parking islands will be required to be replaced in accordance with the Landscape Ordinance parking lot landscape requirements if they die or are removed. 2. In the “Provided” sections of the Interior Landscape and Bufferyards Summary Charts provide the actual amount of plant material that is being provided. Note that existing tree credits are being taken if the required amount is not being provided. Case No. Attachment C ZA18-0061 Page 4 * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Kevin Ferrer, PE Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Please provide clarification on the amount of credit that is being requested along with justification on how the amount was determined. Provide supporting documents with the submittal of the Civil Set for consideration and further discussions. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. WATER COMMENTS: 1. All water line stubs must have 2 joints past the valve with a 2” blow-off per the City’s details. * Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non- sprinkled buildings or 600’ for sprinkled buildings. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1” inch meter must have a 1” tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Water meters should be located outside vehicular traffic while minimizing the public water service line. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: Case No. Attachment C ZA18-0061 Page 5 * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must be installed outside the edge of pavement. Ordinance #605 defines easement requirements for storm sewer: 30” RCP and under - 15’ easement 42” – 54” RCP - 20’ easement 60” – 66” RCP - 25’ easement 72” – 102” RCP - 30’ easement Over 102” RCP – 3.5 times diameter 2. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Detention Calculations are not needed to be shown at this time and will be reviewed with the civil set along with the other Hydraulic, and sizing calculations. * Discharge of post development runoff must have no adverse impact on upstream and downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * 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. * 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 will be required for this development and will need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these Case No. Attachment C ZA18-0061 Page 6 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. * Please contact me with the information on the top if ther e are questions to the comments, or if clarifications on any comments are needed. *=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: 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. (Label riser room locations for buildings that are equipped with an automatic fire sprinkler system) Fire Department Connections for the sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC locations not indicated on the plans) Add FDC locations, wall mount or remote connection to meet the distance requirements. FIRE LANE COMMENTS: Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Fire lanes not indicated, fire lanes must intersect with existing dedicated streets or fire lanes on neighboring properties and continue throughout the entire property) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2015 I.F.C. Sec. 503.2.4) Public Works/Transportation Review Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us TRAFFIC IMPACT ANALYSIS: Case No. Attachment C ZA18-0061 Page 7 1. The City is in receipt of the TIA Threshold Worksheet and has waived the requirement for a TIA. SITE PLAN: 2. Show connection to the sidewalk at the southern property line. 3. Show the sidewalks continuing across driveways. 4. Include visibility triangles for the driveway exits onto Village Center Dr. An existing tree for the western driveway will likely impede sight distance and need to be removed. General Informational Comments * A SPIN meeting was held December 11, 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 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * 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. * The applicant should be aware that prior to issuance of a building permit the following may be required: 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. * It appears that this property lies within the 75 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. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. Case No. Attachment C ZA18-0061 Page 8 * 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. * Denotes Informational Comment Case No. Attachment D ZA18-0061 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. LEEKEN SOUTHLAKE LLC C2 2425 E SOUTHLAKE BLVD 1.74 U 2. SS DAVIS INVESTMENT LLC ETAL C2 2615 E SOUTHLAKE BLVD 1.97 NR 3. ANDREWS-DILLINGHAM PROPERTIES C2 2535 E SOUTHLAKE BLVD 0.84 NR 4. BTR-8 SOUTHLAKE LLC SP2 2707 E SOUTHLAKE BLVD 5.76 F 5. DOWNEY ENTERPRISES LLC C2 2545 E SOUTHLAKE BLVD 0.92 NR 6. DREAM 7 EQUITIES LLC C2 2445 E SOUTHLAKE BLVD 0.68 NR 7. GEOTEL GROUP INC SP1 305 S NOLEN DR 1.56 NR 8. GRANTLAND PROPERTIES LLC C2 2625 E SOUTHLAKE BLVD 0.55 NR 9. DCTN3 373 SOUTHLAKE TX LLC SP1 2645 E SOUTHLAKE BLVD 1.65 O 10. SOUTH NOLAN MEDICAL INVESTMENT AG 2627 E SOUTHLAKE BLVD 3.88 NR 11. CESANDER, LAURENCE P O1 2485 E SOUTHLAKE BLVD 1.34 *F 12. ZADA M WHITE ESTATE TRUST AG 2450 CROOKED LN 12.94 NR 13. SP SOUTHLAKE-KIMBALL I LLC SP2 415 S KIMBALL AVE 1.64 NR 14. WILLIAMS, ROGER GLENN ETAL AG 320 S NOLEN DR 1.54 NR 15. MPA SOUTHLAKE MOB LLC SP1 300 S NOLEN DR 1.84 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fifteen (15) Responses Received: Four (4) – One (1) Undecided, One (1) Opposed, One (1) in Favor and One (1) in Favor *w/conditions * One (1) email also received regarding dumpster concerns See attached Case No. Attachment D ZA18-0061 Page 2 Case No. Attachment D ZA18-0061 Page 3 Case No. Attachment D ZA18-0061 Page 4 Case No. Attachment D ZA18-0061 Page 5 Case No. Attachment D ZA18-0061 Page 6 Case No. Attachment E ZA18-0061 Page 1 ORDINANCE NO. 480-757 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 2A02A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.7 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE 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 ma p 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 “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA18-0061 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 determin ation 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 par king 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 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 ref erence to the classification which existed at the Case No. Attachment E ZA18-0061 Page 3 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 f ire, 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 2A02A, Thomas Easter Survey, Abstract No. 474, City of Southlake, Tarrant County, Texas, being approximately 3.7 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses 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 ZA18-0061 Page 4 Council Motion: 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 t he 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, Case No. Attachment E ZA18-0061 Page 5 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 s aved 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, Case No. Attachment E ZA18-0061 Page 6 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 th is 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 APPROVED AS TO FORM AND LEGALITY: Case No. Attachment E ZA18-0061 Page 7 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0061 Page 8 EXHIBIT “A” Reserved for metes and bounds description Case No. Attachment E ZA18-0061 Page 9 EXHIBIT “B” Reserved for approved site plan