Loading...
Item 6FCase No. ZA19-0026 S T A F F R E P O R T May 28, 2019 CASE NO: ZA19-0026 PROJECT: Zoning Change and Site Plan for Castle 114 ASC (f.k.a. Bowen Building) EXECUTIVE SUMMARY: On behalf of A&R 1 LLC, Claymoore Engineering is requesting approval of a Zoning Change and Site Plan for Castle 114 ASC on property described as Lot 18R, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1110 E. State Highway 114, Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #3. DETAILS: The property is located approximately 400 feet east of the northeast corner of E. State Highway 114 and N. Carroll Avenue. It is bounded to the east by the future Westin hotel development; to the west by multiple small agriculturally zoned lots; and, to the north by a single family residential lot. The purpose of this request is to amend the current zoning and site plan to add ambulatory surgery center as a permitted use. Additionally, the proposal removes and remodels the existing bank drive thru on the site, adds six (6) parking spaces and a generator. All other aspects of the existing S-P-1 zoning and facility shall remain. In March 2007, the City Council approved a zoning change and site plan from “AG” Agricultural District to “S-P-1” Detailed Site Plan District allowing all “C-2” Local Retail Commercial District uses for an approximately 12,508 square foot 2- story building on approximately 1.18 acres to include a bank drive thru component. In addition, 42 parking spaces were approved for this development. A driveway stacking depth variance allowing approximately 25 feet was also approved. The proposed zoning change is to keep the existing second floor portion as it currently exists as general office (approximately 6,254 square feet) and to use approximately 3,800 square feet of the first floor as an ambulatory surgical center (Neuro Surgeon), keeping the remaining 2,454 square feet of the first floor as medical office. The existing medical office use (currently AXIS Brain & Back Institute) was allowed as part of the approved S-P-1 zoning district in 2007 with the adoption of Ordinance No. 480-515. The applicant has indicated that the Neuro Surgeon anticipates working at this location three (3) days a week from approximately 7 am to 5 pm. No after hours or weekends are expected. Case No. ZA19-0026 On May 9, 2019, the Planning & Zoning Commission unanimously recommended approval subject to the staff report and review summary, noting the applicant’s willingness to narrow down the approved uses to “low volume” and provide City Council with an enhanced rendering of the ambulance pick-up area. An enhanced rendering was presented at the City Council meeting on May 21, 2019. On May 21, 2019, the City Council unanimously approved the 1st Reading as presented, subject to the staff report and review summary. Site Data Summary Existing Zoning “S-P-1” with “C-2” uses Proposed Zoning “S-P-1” with “C-2” uses to include ambulatory surgery center Land Use Designation Retail Commercial Building Square Footage by Use Existing Building Total = 12,508 s.f. General Office = 6,254 s.f. Medical Office = 2,487 s.f. Ambulatory Surgery Center = 3,764 s.f. Lot Area 1.18 acres Existing Parking 42 spaces Proposed Parking 48 spaces Impervious Coverage 65.5% (max 70% allowed) S-P-1 Detailed Site Plan District – Land Use and Development Regulations for 1110 E State Highway 114 This Commercial Development shall abide by all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C- 2" Local Retail Commercial District and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exception(s): Parking: a total of 48 spaces shall be provided. Use: Ambulatory Surgery Center Use is allowed. Stacking Depth: The minimum stacking depth required for the entry drive shall be approximately 25' ACTION NEEDED: 1. Conduct a public hearing 2. Consider approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information Case No. ZA19-0026 (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated April 30, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-515a Presentation Narrative Plans S-P-1 Zoning District Regulation Document STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA19-0026 Page 1 BACKGROUND INFORMATION OWNER: A&R 1 LLC APPLICANT: Claymoore Engineering PROPERTY SITUATION: 1110 E State Highway 114 LEGAL DESCRIPTION: Lot 18R, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: This property was originally platted as Lots 18-20, Oaks Addition on March 7, 1964. March 6, 2007; City Council approved a zoning change and site plan for Bowen Building with S-P-1 / C-2 uses subject to the recommendations of the Planning and Zoning Commission; subject to Site Plan Review Summary No. 3, dated February 14, 2007, approving requested variances, noting the applicant’s willingness to remove four parking spaces at the west property line and constructing the cross access easement up to the property line (west); allowing the variance of 42 parking spaces; constructing the access easement to the north and requiring a type 3 barricade at the end of the access easement; subject to fire marshal approval of the access easements; and subject to applicant’s commitments regarding landscaping and bufferyard plantings (ZA07-002). March 6, 2007; City Council approved a plat revision for Lot 18R, Oaks Addition (ZA07-003). SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Retail Commercial. 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 Case No. Attachment A ZA19-0026 Page 2 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. TRANSPORTATION: The proposed site plan has not changed in configuration from the 2007 approved plan. All ingress and egress shall remain. TREE PRESERVATION AND LANDSCAPE: No existing trees are to be affected by the proposed changes. Any existing plant material which is removed during the proposed construction shall be provided elsewhere on the property. CITIZEN INPUT: A SPIN meeting was not held for this project. PLANNING & ZONING COMMISSION: May 9, 2019; Approved (5-0) subject to the Staff Report dated May 3, 2019 and Site Plan Review Summary No. 2, dated April 30, 2019; noting the applicant’s willingness to narrow down allowed uses to “low volume” to accommodate parking, and to provide City Council with an enhanced rendering for the ambulance pick-up area. CITY COUNCIL: May 21, 2019; Approved the 1st Reading (7-0) as presented, subject to the Staff Report dated May 14, 2019 and Site Plan Review Summary No. 2, dated April 30, 2019. And noting there are no variances. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated April 30, 2019. Case No. Attachment B ZA19-0026 Page 1 Case No. Attachment C ZA19-0026 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA19-0026 Review No.: Two Date of Review: 04/30/19 Project Name: Zoning Change & Site Plan – Castle 114 ASC APPLICANT: Claymoore Engineering OWNER: A&R 1 LLC Clay Cristy 1903 Central Drive 855 N Beach St., Ste 218 Phone: 817-281-0572 Phone: Email: clay@claymooreeng.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/22/19 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. Please correct the Site Data Summary Chart to reflect Existing L.U.D. as Retail Commercial and 48 parking spaces provided. * 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. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us LANDSCAPE COMMENTS: 1. Any existing plant material which is to be removed for the proposed construction must be provided elsewhere on the property. Public Works/Engineering Review Kevin Ferrer, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us Case No. Attachment C ZA19-0026 Page 2 * No Comments Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: All emergency and standby power systems must comply with Section 604 of the International Fire Code and NFPA 37, 110, and 111. (Unable to determine if spacing requirements are maintained or total amount of fuel storage due to a lack of information provided) GENERAL INFORMATIONAL COMMENTS: * A SPIN meeting was not held for this project. * 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 underlying zoning district regulations. * 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. * Denotes Informational Comment Case No. Attachment D ZA19-0026 Page 1 SURROUNDING PROPERTY OWNERS Owner Zoning Property Address Acreage Response 1. NEC CARROLL & 114 LTD PRTNSHP AG 1201 CASEY CT 0.32 NR 2. SCHULZ, EDWIN R AG 1213 CASEY CT 0.29 NR 3. NEC CARROLL & 114 LTD PRTNSHP AG 979 N CARROLL AVE 0.19 NR 4. NEC CARROLL & 114 LTD PRTNSHP AG 950 N CARROLL AVE 0.16 NR 5. NEC CARROLL & 114 LTD PRTNSHP AG 940 N CARROLL AVE 0.21 NR 6. NEC CARROLL & 114 LTD PRTNSHP AG 959 N CARROLL AVE 0.05 NR 7. NEC CARROLL & 114 LTD PRTNSHP AG 930 CASEY CT 0.02 NR 8. SCHENK, JOEL SF1-A 1075 CASEY CT 0.38 NR 9. JOHNSON, DEBORAH BOHANNON ETAL AG 1033 CASEY CT 0.43 NR 10. COLLINS, TED SF1-A 997 CASEY CT 0.42 NR 11. CARROLL, ISD AG 1009 N CARROLL AVE 0.43 NR 12. A&R 1 LLC SP1 1110 E SH 114 1.28 F 13. SRH SL PROPERTY LLC SP1 1200 E SH 114 6.78 NR 14. STEELE, CRYSTAL M EST AG 1212 CASEY CT 0.32 NR 15. CARROLL, ISD AG 0.64 NR 16. MOSS, RICHARD B SP1 1011 N CARROLL AVE 0.61 NR 17. NEC CARROLL/114 ADJACENT LAND C1 985 N CARROLL AVE 0.26 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received 200’: One (1) – in favor Case No. Attachment D ZA19-0026 Page 2 Case No. Attachment E ZA19-0026 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-515a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 18R, OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.18 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE AMBULATORY SURGERY CENTER 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-1” Detailed 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 or corporation having a proprietary interest in said property; and, Case No. Attachment E ZA19-0026 Page 2 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 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 r ights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, Case No. Attachment E ZA19-0026 Page 3 WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 18R, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1110 E. State Highway 114, Southlake, Texas; and being approximately 1.18 acres. 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 Case No. Attachment E ZA19-0026 Page 4 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. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and Case No. Attachment E ZA19-0026 Page 5 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. 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 21st day of May, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ___ day of ___, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA19-0026 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0026 Page 7 EXHIBIT “A” Being described as Lot 18R, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.18 acres, and more fully and completely described below: Case No. Attachment E ZA19-0026 Page 8 EXHIBIT “B” Reserved for approved plans