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Item 7A Department of Planning & Development Services S T A F F R E P O R T February 11, 2009 CASE NO:ZA08-112 PROJECT:Zoning Change and Site Plan forSafety Town REQUEST: On behalf of The City of Southlake, RPGA Architects is requesting approval of a Zoning Change and Site Plan from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District to allow for the development of Safety Town on approximately 0.777 acres. Safety Town is a scaled down city that mimics Town Square and is used o educate school children on various safety issues such as bicycle t safety, street crossing (pedestrian safety), bus safety, fire, extreme weather and internet safety. The development proposes a single 3,000 square foot classroom building, a park area, light poles and park benches. The site will be surrounded by a 6’ wrought iron fence. ACTION NEEDED:Consider first reading approval of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary No. 3, dated January 30, 2009 (E) SPIN Report – January 26, 2009 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-343a for Commission and Council Members Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA08-112 BACKGROUND INFORMATION OWNER: The City of Southlake APPLICANT: RPGA Architects PROPERTY SITUATION: 2100 W. Southlake Blvd. and 200 N. Randol Mill Ave. LEGAL DESCRIPTION: Lot 3, Block 1, Corner Addition CURRENT ZONING: S-P-1 Detailed Site Plan District REQUESTED ZONING: S-P-1 Detailed Site Plan District LAND USE CATEGORY: Retail Commercial HISTORY: -A plat revision (ZA00-049) was approved by City Council June 20, 2000. - A zoning change and concept plan (ZA00-047) from “AG” Agricultural District and “C2” Local Retail Commercial District to “S-P-1” Detailed Site Plan District with "CS" Community Service District uses limited to a public safety facility and to include any associated outside storage was approved by City Council July 18, 2000. SOUTHLAKE 2025 PLAN/ STRATEGIC LINK: Consolidated Land Use Plan Retail Commercial - 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 Retail Commercial areas where the 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. Davis Blvd /FM 1938 Corridor Plan The Site Specific recommendations for Area 5 from the Davis Boulevard/FM 1938 Corridor Plan are as follows: ∗ Keep existing land use designations. ∗ Discourage office uses in this area. ∗ Encourage the development of a regional shopping center at the southeast corner of the intersection of F.M. 1709 & F.M. 1938. ∗ Promote overall integration of the area through directional signage, graphic signage programs, streetscape, uniformed lighting, and connectivity within the site. Building a clear identity for the area is paramount to attracting and developing businesses and retailers. Case No. Attachment A ZA08-112 Page 1 ∗ The city should work with the property and business owners in the area to develop an overall plan for the area which addresses above issues. Environmental Resource Protection Plan Although this site does not have any specific tree cover/open space Environmental Resource Protection Map preservation areas as shown on the , there is extensive tree coverage on the western portion of the property. The Environmental Resource Protection Plan recommends the preservation of trees whenever feasible. Case No. Attachment A ZA08-112 Page 2 Pathways Plan & Sidewalk Plan An eight foot (8’) multi-use trail is planned along the east side of Randol Mill Ave. City staff recommends that money for the trail be escrowed until TXDOT constructs Randol Mill to its full cross section. TREE PRESERVATION: Almost all of the American Elms existing on the site are diseased, have extensive amount of dead wood in them, or are dead. This is why they are shown as ‘Borderline’ trees on the Tree Conservation Plan and will need to be removed upon the onset of construction or sooner if warranted. The Cedar Elms and the Pecans are the healthiest trees on the site and most of the best ones were chosen to remain. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan & Median Plan Master Thoroughfare Plan Southlake’s calls for Randol Mill Ave. (FM 1938) to be a four-lane divided TxDOT parkway with median requiring 140 feet of right- of-way. The required right-of-way is dedicated on the associated plat for this case and it is shown on the site plan. Existing Area Road Network and Conditions The development is to be serviced by existing driveways onto Southlake Blvd and Randol Mill Ave. May 2008 traffic counts on N. Randol Mill Ave. (FM1938) between Southlake Blvd (FM1709) and Florence Rd. North Bound South Bound 24hr 4,5304,702 AM Peak 367413 (7:45AM – 8:45AM) (7:15PM – 8:15PM) PM Peak 371494 (5:30PM – 6:30PM) (5:00PM – 6:00PM) Case No. Attachment A ZA08-112 Page 3 May 2008 traffic counts on W. Southlake Blvd (FM1709) between Davis Blvd (FM1938) and Peytonville Ave. East Bound West Bound 24hr 22,88022,827 AM Peak 2,4811,179 (7:30AM – 8:30AM) (11:15PM – 12:15PM) PM Peak 1,3792,496 (12:30PM – 1:30PM) (5:00PM – 6:00PM) CITIZEN INPUT/ BOARD REVIEW: - A city-wide SPIN meeting was held for this development on January 26, 2009. A summary of that meeting is included in Attachment E of this report. -The Parks and Recreation Board approved the recommendation to accept Safety Town as a city park (9-0) on consent February 13, 2009. P & Z ACTION: February 5, 2009; Approved (6-0), subject to Site Plan Review Summary No. 3 dated January 30, 2009. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 30, 2009. Case No. Attachment A ZA08-112 Page 4 Case No. Attachment B ZA08-112 Page 1 For Additional Exhibits, please view the POWERPOINT PRESENTATION for this item by clicking the above link. Case No. Attachment C ZA08-112 Page 1 SITE PLAN Case No. Attachment C ZA08-112 Page 2 SITE PLAN REVIEW SUMMARY ZA08-112Three1/30/09 Case No.: Review No.: Date of Review: Site Plan – Safety Town Park Project Name: APPLICANT: RPGA Architects Owner: City of Southlake Robert P. Garza Jim Blagg 101 S. Jennings Ave. Ste. 100 1400 Main Street Ste. 400 Fort Worth, TX 76104 Southlake, TX 76092 Phone: (817) 332-9477 ext. 208 Phone: (817) 748-8601 Fax: (817) 332-9487 Fax: (817) 748-8010 E-mail: robgarza@rpgaarchitects.com jblagg@ci.southlake.tx.us CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/27/09 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 OR DENNIS KILLOUGH AT (817) 748-8072. 1. Please correct the following discrepancies between plan sets: a. Please show and label the fire hydrant near the car wash driveway entrance and change Please see the RPGA site plan the distance from the property corner to that fire hydrant. for the location of the fire hydrant nearest the property corner on Randol Mill. (Cheatham correction) b. Show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. Properties within Corridor Overlay Zone see Ord. 480-S § On the detail for the wrought iron fence and on the site 43.9.c.1(e) for design criteria. plan, be specific about the locations of the brick columns. Provide on center spacing distance or show the brick columns on the site plan. Alsoplease show the correct , location and length of the existing 8’ screen to the north of the parking spaces to be added. The screen does not extend as far to the west as is shown on the site plan. (RPGA Correction). Add the existing 8’ screen to the Cheatham plan. On the Cheatham and RPGA site plans, correct the bearing along the western boundary of 2. Lot 3R2, Block 1, to match the plat - N39°07’12”W. (Cheatham and RPGA corrections) 3. The bearings on the western lot boundary on the Cheatham Dimension Control Plan (C-4) do not Please correct the match the bearings on the RPGA and Cheatham site plans and on the plat. bearings and show the wrought iron fence along the boundary line as it is shown on the site plans. (Cheatham correction) 4. Note the City approved benchmark used for topographical information. (Cheatham Corrections) Case No. Attachment D ZA08-112 Page 1 Tree Conservation/Landscape Review #3 Keith Martin Landscape Administrator (817) 748-8229 TREE CONSERVATION: 1. On the Tree Conservation Plan, indicate the species and diameter of the existing trees. 2. The “RED – PROTECTED TREES TO BE REMOVED”, are not required to be mitigated unless specifically designated to be removed and mitigated as shown on the submitted plan or designated and approved by City Council. Unless there is intent to mitigate the trees designated to be removed, please remove the “REQUIRED TO BE MITIGATED” wording from the plan. 3. Please relocate the sidewalk leading from Safety Town to the Classroom Building so that the trees that are proposed to be preserved are preserved. Move the sidewalk to the south between the trees. 4. Please correct the scale on the Tree Conservation Plan. The written and graphic scale on the plan are incorrect when measured with an engineer’s scale. * Almost all of the American Elms existing on the site are diseased, have extensive amount of dead wood in them, or are dead. This is why they are shown as ‘Borderline’ trees on the Tree Conservation Plan and will need to be removed upon the onset of construction or sooner if warranted. The Cedar Elms and the Pecans are the healthiest trees on the site and most of the best ones were chosen to remain. LANDSCAPE PLAN: 1. Please correct the scale on the landscape plan. The written and graphic scale on the plan are incorrect when measured with an engineer’s scale. SiteS-P-1 2. Correct the title to read “Landscape “ Plan” for “” Zoning Request”.” 3. Please change the dimensions of the sight visibility triangle to 30’ to the east and 40’ to the north and ensure that it is correctly scaled. 4. Please provide another evergreen shrub besides Dwarf Wax Myrtle. A few Dwarf Wax Myrtle are alright but there needs to be more variety that will provide longevity to the landscaping. I might suggest a loropetalum in place of the Dwarf Wax myrtle. They are evergreen and provide a nice contrast of the purple leaf color next to the jasmine. 5. Brodie Junipers are proposed to be planted around the Storage “C” Building and the DPS Storage Building, at 3’ centers. Brodie Juniper is an Eastern Red Cedar which will not fit in the space provided. Replace the Brodie Junipers with some form of holly or smaller shrub at the correct spacing. A burford, Nellie R Stevens or Mary Nell Holly would be a better choice. 6. Please consider matching the left side of the building entry to the right side, putting a color bed there. Everything else about the place is pretty symmetrical. At least consider putting some of the nandina on the right side, too. Case No. Attachment D ZA08-112 Page 2 Informational Comments: * Staff recommends escrowing money for the 8’ multi-use trail required along Randol Mill until TxDot constructed the roadway to its ultimate cross-section. * Since the parking for Lot 3R1 is provided on Lot 3R2, a reciprocal parking agreement would be required should the property ever be sold by the City. * 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 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. * Denotes Informational Comment cc: Case No. Attachment D ZA08-112 Page 3 SPIN MEETING REPORT Case No. Attachment E ZA08-112 Page 1 Case No. Attachment E ZA08-112 Page 2 Surrounding Property Owners Safety Town SPO # Owner Name Zoning Land Use Acreage Response 1 Holidan Investments Inc C2 Retail Commercial 1.53 NR 2 Texas Bank C2 Retail Commercial 0.96 NR 3 Southlake, City Of SP1 Retail Commercial 3.74 NR 4 Campbell, Danny E SF1-A Low Density Residential 3.06 NR 5 Kickapoo Investments Ltd C2 Retail Commercial 1.30 NR Office Commercial, Retail NR 6 Armstrong Slake Randol Mill Lp SP2 Commercial 4.02 7 Armstrong Slake Randol Mill Lp SP2 Office Commercial 1.11 NR 8 Armstrong Slake Randol Mill Lp SP2 Low Density Residential 2.95 NR 9 Myers Meadow Homeowners Assn RPUD Medium Density Residential 4.03 NR 10 McDonalds Corp C3 Retail Commercial 1.18 NR 11 Southlake Dunhill Holdings Iii C3 Retail Commercial 9.28 NR 12 Southlake Dunhill Holdings Iii C3 Retail Commercial 0.89 NR 13 Southlake Dunhill Holdings Ii C3 Retail Commercial 2.48 NR 14 Tohl, Bernard& Janet C3 Retail Commercial 1.08 NR 15 Saunders, Harold W AG Medium Density Residential 1.11 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment F ZA08-112 Page 1 Surrounding Property Owner Responses Regent’s Park Notices Sent: Fifteen (15) Responses Received: None (0) Case No. Attachment G ZA08-112 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-343a 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 3, BLOCK 1, CORNER ADDITION, BEING APPROXIMATELY 4.012 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUTSIDE STORAGE TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUTSIDE STORAGE AND PUBLIC PARK TO INCLUDE A CHILDREN’S SAFETY EDUCATION FACILITY, 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 Case No. Attachment H ZA08-112 Page 1 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, 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 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 Case No. Attachment H ZA08-112 Page 2 necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-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 legally described as Lot 3, Block 1, Corner Addition, an addition to the City of Case No. Attachment H ZA08-112 Page 3 Southlake, Tarrant County, Texas, being approximately 4.012 acres, and more fully “ and completely described in Exhibit “A” from S-P-1” Detailed Site Plan District with “CS” Community Service District Uses limited to a public safety facility with associated outside storage to “S-P-1” Detailed Site Plan District with “CS” Community Service District Uses limited to a public safety facility with associated outside storage and public park to include a children’s safety education facility as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 1. 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 Case No. Attachment H ZA08-112 Page 4 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 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. Case No. Attachment H ZA08-112 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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 _________, 2009. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2009. ________________________________ MAYOR ATTEST: Case No. Attachment H ZA08-112 Page 6 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA08-112 Page 7 EXHIBIT “A” Being legally described as Lot 3, Block 1, Corner Addition, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 4.012 acres. Case No. Attachment H ZA08-112 Page 8 EXHIBIT “B” Reserved for Approved Site Plan Case No. Attachment H ZA08-112 Page 9