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Item 6B Department of Planning & Development Services S T A FF R E P O R T December 10, 2009 ZA09-055 CASE NO: Zoning Change and Site Plan for Noble Oaks PROJECT: REQUEST: Noble Oaks Partners is requesting approval of a zoning change and site plan to revise the previously approved zoning regulations to include limited medical office use.  Allow medical use not to exceed 3,000 square feet of the building. No other changes to the approved zoning and site plan are proposed. This site is subject to all previous conditions of approval unless specifically noted and approved. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to Presentation (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-465b (G) for Commission and Council Members Only Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Lorrie Fletcher (748-8069) Case No. ZA09-055 BACKGROUND INFORMATION OWNER/APPLICANT: Noble Oaks Partners PROPERTY SITUATION: 1121 S. Carroll Avenue LEGAL DESCRIPTION: Lot 4, J.W. Hale No. 803 Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “S-P-1” Detailed Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -A zoning change to “S-P-1” with limited “O-1” Office District uses and associated site plan was approved by City Council on September 6, 2005. -A single-lot plat showing was approved by the City of Southlake on June 12, 2006. -A zoning change and revised site plan was approved by City Council on October 3, 2006. P&Z ACTION: November 19, 2009; Approved (5-1) limiting the medical use to dental only not to exceed 3,000 square feet, also including the previously approved regulations outlined in the Site Plan Zoning Letter; and subject to the Staff Report dated November 13, 2009. COUNCIL ACTION: December 1, 2009; Approved first reading (7-0) subject to P&Z recommendations, limiting medical uses to dental only and subject to the Staff Report dated November 24, 2009. STAFF COMMENTS: No staff review summary was provided due to the scope of the proposal and is subject to all previous conditions of approval except as noted. This site is subject to all previous conditions of approval unless specifically noted and approved. No Site Plan Review Summary is provided. The plan meets all previous conditions of approval except as noted above. In addition to the attached plans the following conditions of approval apply in accordance with Case ZA06-137 and Ordinance No. 480-465a: “S-P-1” Detailed Site Plan District with limited “O-1” Office Case No. Attachment A ZA09-055 Page 3 District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. Granting the requested variance for driveway stacking to allow a stacking depth of approximately 22 feet for the drive on S. Carroll Avenue; 2. Granting the requested variance for driveway spacing to allow approximately 183 feet of spacing from the intersection for both proposed drives; 3. Granting the requested variance for the number of parking spaces to allow a total of 49 spaces; 4. Approving the development regulation that walk-up banking only shall be permitted (drive-thru banking is not permitted); 5. Approving the development regulation that all medical uses that would require one space per 150 square feet are eliminated due to parking ratio; 6. Approving the development regulation that the setback line from single family residential property shall be eighty (80) feet and the building height shall be allowed to encroach above the 4:1 slope by 12 feet at this point; 7. Eliminating printing/copying services, medical office, and conventional banks as permissible uses; 8. Accepting the applicant’s willingness to make as part of the site plan approval the addition of a number of speed bumps in the main interior drive lane sufficient to slow traffic; 9. Accepting the perimeter fence shown in Exhibit “B”, pages 12 and 13; 10. Recognizing that a slate roof will be made of a slate product and the building will have stucco, stone, and cedar as shown on the building elevations; 11. Requiring the applicant to put opaque covers on Case No. Attachment A ZA09-055 Page 3 windows at a later date if the issue of office tenants looking out at adjoining neighbors is determined to be a problem; 12. Recognizing that the applicant has committed to add four (4) twelve (12) foot live oak trees along the north and east property lines; 13. Recognizing that the applicant is in the process of entering into agreements with the adjoining neighbors regarding the planting of canopy and/or under story trees on their properties according to their individual agreements; 14. Recommending that a left turn lane be striped on east bound Continental Blvd. adjacent to the offices; 15. And, requiring the applicant to install a six (6) foot sidewalk along E. Continental Blvd. and S. Carroll Avenue as shown on the plan; 16. Noting the applicant has agreed to add an additional seven off-site live oaks and three crape myrtles at locations to be determined by the neighbors; Case No. Attachment A ZA09-055 Page 3 Case No. Attachment B ZA09-055 Page 1 PREVIOUSLY APPROVED SITE PLAN LINK TO POWERPOINT PRESENTATION Case No. Attachment C ZA09-055 Page 1 Case No. Attachment C ZA09-055 Page 2 Surrounding Property Owners The Offices at Noble Oaks SPO #OwnerZoningLand UseAcreageResponse 1.269 1Noble Oaks Partners LpSP1Medium Density ResidentialNR 0.479 2Rees, Gardner Etux SianSF20AMedium Density ResidentialNR 0.492 3Firestone, John Etux DaphneSF20AMedium Density ResidentialNR 0.494 4Klatt, ErnestSF20AMedium Density ResidentialNR 0.469 5Panther, Joseph L Etux DianaSF20AMedium Density ResidentialNR 0.465 6Deal, Jeffrey L Etux PamelaSF20AMedium Density ResidentialNR 0.463 7Pitcock, Gary D Etux Sherry MSF20AMedium Density ResidentialO 0.665 8Kugler, Albert H Etux Lynn PSF20AMedium Density ResidentialNR 0.480 9Atkins, Peter & Bonnie AtkinsSF20AMedium Density ResidentialNR 0.134 10South Hollow Homeowners AssnSF20AMedium Density ResidentialNR 0.492 11Gilchrest, Eric Etux SusanRPUDMedium Density ResidentialNR 1.003 12Timarron Owners Assn IncRPUDMedium Density ResidentialNR Case No. Attachment D ZA09-055 Page 1 4.913 13Versailles Homeowners AssocAGPublic Parks/Open SpaceNR 0.814 14Wright, JoeRPUDOffice CommercialNR 0.213 15Wright, Joe LAGMixed UseNR 0.448 16Metroplex Acoustical IncAGMixed UseNR 0.223 17Wright, Joe LI1Mixed UseNR 0.982 18Metroplex Acoustical IncI1Mixed UseNR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received: One (1) 1) Pitcock, Gary D Etux Sherry M Notification , 1506 Spruce Ct., Southlake, TX; Submitted a Opposed To Response Form stating on November 13, 2009 (attached). Case No. Attachment D ZA09-055 Page 2 Case No. Attachment E ZA09-055 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-465b 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 4, J.W. HALE NO. 803 ADDITION, BEING APPROXIMATELY 1.2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH LIMITED “O-1” OFFICE DISTRICT USES, TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH LIMITED “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 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 Case No. Attachment F ZA09-055 Page 1 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 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, Case No. Attachment F ZA09-055 Page 2 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 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 Case No. Attachment F ZA09-055 Page 3 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 Lot 4, J.W. Hale No. 803 Addition, being approximately 1.2 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with limited “O-1” Office District uses to “S-P-1” Detailed Site Plan District with limited “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 specific conditions: 1. Granting the requested variance for driveway stacking to allow a stacking depth of approximately 22 feet for the drive on S. Carroll Avenue; 2. Granting the requested variance for driveway spacing to allow approximately 183 feet of spacing from the intersection for both proposed drives; 3. Granting the requested variance for the number of parking spaces to allow a total of 49 spaces; 4. Approving the development regulation that walk-up banking only shall be permitted (drive-thru banking is not permitted); 5. Approving the development regulation that all medical uses that would require one space per 150 square feet are eliminated due to parking ratio; 6. Approving the development regulation that the setback line from single family residential property shall be eighty (80) feet and the building height shall be allowed to encroach above the 4:1 slope by 12 feet at this point; 7. Eliminating printing/copying services, medical office, and conventional banks as permissible uses; 8. Accepting the applicant’s willingness to make as part of the site plan approval the addition of a number of speed bumps in the main interior drive lane sufficient to slow traffic; 9. Accepting the perimeter fence shown in Exhibit “B”, pages 12 and 13; 10. Recognizing that a slate roof will be made of a slate product and the Case No. Attachment F ZA09-055 Page 4 building will have stucco, stone, and cedar as shown on the building elevations; 11. Requiring the applicant to put opaque covers on windows at a later date if the issue of office tenants looking out at adjoining neighbors is determined to be a problem; 12. Recognizing that the applicant has committed to add four (4) twelve (12) foot live oak trees along the north and east property lines; 13. Recognizing that the applicant is in the process of entering into agreements with the adjoining neighbors regarding the planting of canopy and/or under story trees on their properties according to their individual agreements; 14. Recommending that a left turn lane be striped on east bound Continental Blvd. adjacent to the offices; 15. And, requiring the applicant to install a six (6) foot sidewalk along E. Continental Blvd. and S. Carroll Avenue as shown on the plan; and, 16. Noting the applicant has agreed to add an additional seven off-site live oaks and three crape myrtles at locations to be determined by the neighbors. 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. Case No. Attachment F ZA09-055 Page 5 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, 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. Case No. Attachment F ZA09-055 Page 6 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 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. Case No. Attachment F ZA09-055 Page 7 st PASSED AND APPROVED on the 1 reading the ___day of ______, 2009. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _____day of ________, 2009. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA09-055 Page 8 EXHIBIT “A” Being Lot 4, J.W. Hale No. 803 Addition, being approximately 0.96134 acres. Case No. Attachment F ZA09-055 Page 9 EXHIBIT “B” Case No. Attachment F ZA09-055 Page 10 Case No. Attachment F ZA09-055 Page 11