Loading...
Item 7E - Staff ReportCITY OF S0UTHLA1<,,-E Department of Planning & Development Services CASE NO PROJECT: EXECUTIVE SUMMARY: DETAILS: ACTION NEEDED STAFF REPORT August 13, 2024 ZA24-0038 Zoning Change and Site Plan for 2813 W. Southlake Blvd. Skip Blake with Blake Architects, on behalf of Vikam Capital LTD., are requesting approval of a Zoning Change and Site Plan, on property described at Lot 1 R, Block 2, Watermere at Southlake Addition, City of Southlake, Tarrant County, Texas, and located at 2813-2815 W. Southlake Blvd. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN District #11. This project is located on 3.01 acres located on W. Southlake Blvd. The purpose of this request is to seek approval for a Zoning Change and a Site Plan to permit a commercial school/tutoring academy. The request would allow the use only in Suite 110. The S-P-1 regulations for this site currently allow all 0-1 Office District uses, an ambulatory surgery center, and a compound pharmacy. 1) Consider 11t Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map & Responses (D) Ordinance No. 480-605D STAFF CONTACT: PowerPoint Presentation Narrative and Plan Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 Case No. ZA24-0038 BACKGROUND INFORMATION OWNER: Vikam Capital, LTD. APPLICANT: Skip Blake, Blake Architects PROPERTY SITUATION: 2813 W. Southlake Blvd PROPERTY DESCRIPTION: Lot 1 R, Block 2, Watermere at Southlake Addition, Southlake, Tarrant County, Texas. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "S-P-1" — Detailed Site Plan District PROPOSED ZONING: "S-P-1" Detailed Site Plan District HISTORY: February 7, 2012; City Council approved the Zoning Change and Site Plan (ZA11-060) from "SF-1 A" Single Family Residential District to "0-1" Office District for Watermere Medical Plaza to allow the development of two medical office buildings totaling approximately 26,000 square feet. Building "A" of the development has been constructed. The following variances were granted with the approval of that request; variance to the Zoning Ordinance, Screening and Fencing granted with the condition that an eight (8) foot fence be constructed if the property to the west develops as residential; variance to the Tree Preservation Ordinance, No. 585-D to allow the applicant to preserve approximately 42.1 % of the existing tree cover where 50% is required; a variance to Overlay Zones into the residential adjacency setback; and a variance to the off-street parking requirement of 161 spaces, granting a 10% variance to allow 145 parking spaces. October 2, 2012; City Council approved a variance to the tree preservation ordinance to allow approximately 33% of the tree cover. In the original site plan several trees located adjacent to Building `A' were designated to be saved, but upon completion of the final construction plans, it was determined that some of the trees near the foundation of the building, in the detention pond and in the area of the sidewalk along Watermere Drive could not be preserved. (Case ZA11-060). October 12, 2013; the building permit issued for Building `A' June 3, 2014; City Council approved a Zoning Change and Site Plan from "0-1" Office District to "S-P-1" Detailed Site Plan District to allow up to an 8,000 square foot ambulatory surgery center in Building Was a permitted use, allow up to a 2,000 square foot compounding pharmacy on the site, and to allow the addition of the covered drop off and generator enclosure Building "A". A parking ratio of one space per 179 square feet of floor area was approved with this zoning change. All previously approved variances were carried forward. (ZA14-035) Case No. Attachment C ZA24-0038 Page 1 December 2, 2014; Approved (7-0) Ordinance No. 480-605b, also known as ZA14-125, on the 2nd Reading for the Zoning Change and Site Plan; removing the ambulatory surgery center from Building Wand moving it to Building `B'; including the generator enclosure as shown and the covered parking spaces; granting the variance to the building articulation to the south elevation; taking away two parking spaces (spaces 61 and 62 on the site plan); and including the Staff Report dated November 25, 2014. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is "Medium Density Residential." The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single-family detached houses. The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Southlake Blvd. to be a 130' to 140' Arterial Road. Pathways Master Plan & Sidewalk Plan There is an existing sidewalk along Southlake Blvd. CITIZEN INPUT: Due to the limited scope of this request, this item was not presented at SPIN or the Corridor Planning Committee. PLANNING AND ZONING COMMISSION: August 8, 2024, APPROVED (5-0) subject to Staff Report dated August 2, 2024. STAFF COMMENTS: Due to the scope of the request, a Site Plan Review was not required. Please note that at the time this site was originally zoned for the Watermere Medical Plaza, office uses were deemed consistent with the Medium Density Residential land use designation at this location. Case No. Attachment C ZA24-0038 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES PO Map ZA24-0038 2813 W Sauthlake Blvd 2820 2M 2840 ,7820 182 r lake g4wd 200 284,0 it _ M Sa sri f � ��� � 4'f 54u�y4akE 6ti �NLpKE p4V 27Br{, W ga�thlakt a4wd y � W 5opifilake $1v _ I 2813 2813 2813 2513 t 2l313 28i3 2813 I I Warrrd,ierle Ur 2951 I 2635 WOO 2815 5 2815 281 2815 2815 n 2815 LU 1 11 w I d I � I 2910 1 + L F 1 '.'lrern7rfr 6r 10 ,I � f 6B � f 151 201 0 i Legend Address Paints I City Parcels Right Of Way 11 _ City Limit Parcels Within Buffer _ 1 300 Foot Buffer 420 Feet 200 Foot Buffer Case Parcel(s) Case No. ZA24-0038 Attachment C Page 1 SPO # Owner Zoning Physical Address Acreage Response 1 SAEED, QASIM SF1-A 182 JELLICO CIR 0.351558764 NR 2 C2JL INVESTMENTS LLC 01 2840 W SOUTH LAKE 0.042843722 NR BLVD 3 SOUTHLAKE, CITY OF SP2 2801 W SOUTH LAKE 0.424809726 NR BLVD 4 SOUTHLAKE, CITY OF SP2 2807 W SOUTH LAKE 0.065602851 NR BLVD 5 SL 4 LLC AG 2835 W SOUTH LAKE 2.264823297 NR BLVD 6 DSL LANDLORD II LLC SP2 101 WATERMERE DR 1.095025297 NR 7 SOUTHLAKE, CITY OF SP2 200 WATERMERE DR 1.24225804 NR 8 DSL LANDLORD II LLC SP2 201 WATERMERE DR 0.176684088 NR 9 WATERMERE AT SOUTHLAKE SP2 151 WATERMERE DR 0.182443999 NR CONDOMI 10 KELLER, FRANK AG 0.410955737 NR 11 KELLER, FRANK AG 2906 W SOUTH LAKE 0.000695961 NR BLVD 12 PURI, MUKTA SF1-A 173 JELLICO CIR 1.710168722 NR 13 TIDWELL, BRADLEY SF1-A 178 JELLICO CIR 1.105843975 NR 1000 VIKRAM CAPITAL LTD SP1 2813 W SOUTH LAKE 3.062139159 U BLVD Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) (Individual Ownerships) Responses Received within 300': In Favor: Opposed: Undecided: No Response: Case No. Attachment C ZA24-0038 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-605D 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 LEGALLY DESCRIBED AS LOT 1 R, BLOCK 2, WATERMERE ADDITION, SOUTHLAKE, TEXAS, BEING APPROXIMATELY 3.01 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "S-P-1" Detailed Site Plan District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment D ZA24-0038 Page 1 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 whetherthese changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment D ZA24-0038 Page 2 at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 1 R, Block 2, Watermere Addition, Southlake, Texas and located at 2813 W. Southlake Blvd., and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan 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 D ZA24-0038 Page 3 IN SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment D ZA24-0038 Page 4 Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed 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 D ZA24-0038 Page 5 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 , 2024. LVAWke- ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR ATTEST: day of CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: .2024. Case No. Attachment D ZA24-0038 Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment D ZA24-0038 Page 7 EXHIBIT "A" Lot 1 R, Block 2, Watermere at Southlake Addition Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment D ZA24-0038 Page 8 I0,711:11-.11 M 1.1 Reserved for approved Site Plan Case No. Attachment D ZA24-0038 Page 9