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Item 6B Department of Planning & Development Services S T A F F R E P O R T December 30, 2009 ZA09-063 CASE NO: Zoning Change and Concept Plan for Harris Methodist Southlake PROJECT: REQUEST: On behalf of Texas Health Resources, HKS, Inc. is requesting approval of a zoning change and concept plan for Harris Methodist Southlake, located at 1545 East Southlake Boulevard. The current zoning is “S-P-2” Generalized Site Plan District with “O-1” Office District uses and the requested zoning is “S-P-2” Generalized Site Plan District with “O-1” Office District uses. Pending approval of this concept plan, a site plan must also be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. A zoning change and concept plan was previously approved in 2008. The following changes from the 2008 concept plan are proposed:  Expansion of the east side of the existing single story hospital building in Phase I. Currently 37,500 sf. – proposed expansion will allow for 55,644 sf.  Expansion will remove 22 parking spaces.  30 parking spaces are proposed to be constructed under the future 2-story medical office building in Phase II. All other development regulations are consistent with the previously approved zoning change and concept plan. 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for a zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) S-P-2 Letter (D) Plans and Support Information – Link to PowerPoint Presentation (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance 480-558a for Commission and Council Members Only (H) 11 x 17 Plans () STAFF CONTACT: Ken Baker (748-8067) Lorrie Fletcher (748-8069) Case No. ZA09-063 BACKGROUND INFORMATION OWNER: Texas Health Resources APPLICANT: HKS, Inc. PROPERTY SITUATION: 1545 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 1R, Block 1, Gorbutt Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: S-P-2 Generalized Site Plan District REQUESTED ZONING: S-P-2 Generalized Site Plan District HISTORY: -City Council approved ZA98-130 a zoning change and concept plan on January 19, 1999 from “O-1” office district to “S-P-2” zoning for a medical ambulatory surgery center, imaging center and associated services, no overnight stay, having a total hospital and medical office building of approximately 60,000 sf., on approximately 6 acres of the total 12.6 acres included in the current Harris Methodist Hospital site. -City Council approved ZA02-124 a zoning change and concept plan on April 15, 2003 from “S-P-2” and “O-1” office district to “S-P-2” with “O- 1” office uses to include medical ambulatory surgery center, imaging center and associated services, with overnight stay, having approximately 130k sf of medical office building and hospital on approximately 12.6 acres. -City Council approved ZA02-125 a site plan for Phase 1 which included a 50k sf medical office building and a 31k sf hospital. - City Council approved ZA03-043 a revised site plan on October 21, 2003 to alter the footprint, added ±8.3k sf floor area and included the elevations. -City Council approved ZA03-072 a zoning change and concept plan to on November 4, 2003 to modify the building size and impervious coverage regulations. The revision increased the floor area of the hospital to 37.5k sf, increased the footprint of the medical office building, increased the impervious coverage from 66 percent to 70 percent and allowed for up to 60 under building parking spaces in the phase II medical office buildings. -City Council approved ZA07-053, a revised site plan on July 17, 2007. The purpose of the revision was to alter the footprint, floor area, and building elevations for Phase 1. The specific changes include an increase in the Phase 1 floor area of the hospital by approximately 8,400 square feet, an increase in the number of overnight beds from 6 to 16 beds. - City Council approved ZA07-146, a zoning change and concept plan on May 20, 2008. This revision addressed the following: modified Case No. Attachment A ZA09-063 Page 1 building setbacks to allow for a zero lot line between the existing hospital and phase 1 medical office building; established setbacks for the phase II medical office building; allowed for subdivision into of the property; detached the phase II medical office from the hospital allowing for a two-story, 45,000 gross square foot medical office building on the south side of the site; reduced the total parking spaces from 685 spaces to 597 spaces; reduced the parking ratio for the Phase II medical office building from one space per 150 square feet of floor area to one space per 167 square feet of floor area; Common Access History The approval of the first zoning case for the hospital ZA98-130 in 1999 required that a common access easement be provided extending from the southwest corner Lot 2A Gorbutt Addition, former Taylor Engineering office building, (common to the east boundary of Harris Hospital, south of the hospital) to the common access driveway along the west boundary of the hospital which provides access to the Central Drive traffic light on Southlake Boulevard. The access easement ran east–west on the south side of the hospital. Approval of the revised zoning and concept plan for the hospital ZA02- 124 and site plan ZA02-125, the hospital proposed a common access over the existing Taylor Engineering building driveway to the east to allow additional access to E. Southlake Boulevard. In order to do this, the driveway for Taylor Engineering would have required reconstruction and an easement from the property owner. The hospital agreed to reconstruct the driveway but was unable to reach an agreement with the owner of the property for an easement and permission to reconstruct the driveway. However, the Hospital dedicated a common access on their property which would allow the owner of the Taylor Engineering building property to the east to have access through the hospital property to Central Drive Access Easement if they wished to construct a connecting driveway. The hospital striped parking spaces within the easement with the understanding that the adjacent owner could remove these spaces if they were to every construct a connecting driveway. Additionally, Harris Hospital agreed to provide the owner of the Miron Addition property, adjacent to their southern east boundary, a common access easement which would provide them access to the Central Drive access easement. These access easements have remained in place through all revisions that have been made to both site plans and plats. Miron Grove Offices cases ZA06-088 & ZA06-089, which abuts the southern east boundary of the hospital, was approved in 2006 and constructed in 2007-2008. The developer of the Miron Grove Offices constructed a driveway through the provided common access easements which now provides access from this Miron offices and Miron Drive through the hospital site to the Central Drive access easements. A zoning change and site plan, ZA07-067 for S-P-1 with “O-1”uses was approved in 2008 for redevelopment of the former Taylor Engineering office building, Lot 2A Gorbutt Addition. Additional, an amended plat was recorded which dedicated a common access easement connecting Case No. Attachment A ZA09-063 Page 2 to northeast internal driveway of the Harris Hospital site and the north driveway of the Miron Grove offices. The former Taylor Engineering office building was demolished in 2008. If the owner of this property builds this site, the developer can construct the driveway to connect to the Harris Hospital drive in order to have access to the Central Drive access easement. At that time the three parking spaces within the access easement on the hospital site would be removed as part of the connecting driveway construction. P&Z ACTION: December 3, 2009; Approved (4-0) subject to Staff Report dated November 25, 2009. COUNCIL ACTION: December 15, 2009; Approved first reading (6-0) subject to Staff Report dated December 9, 2009. STAFF COMMENTS: Due to the limited scope of this request, a concept plan review summary was not generated. This site is subject to all previous conditions of approval unless specifically otherwise approved. Additionally the applicant should be aware of the following: Prior to issuance of a building permit, a site plan must be submitted and approved by the City Council following a recommendation of the Planning and Zoning Commission. Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. - Vertical and horizontal building articulation (required on the north, east, south, and west building facades) per 43.9C1e, Ordinance 480, as amended. - Masonry requirements per 43.9C1a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. - Interior landscaping per Landscape Ordinance No. 544, as amended and Ordinance 480, 43.9, 43-13, , as amended; and Parking Lot Impacts on interior landscaping. - Residential adjacency standards per Ordinance 480, 43.10, as amended. - Mechanical Screening; - Lighting Ordinance No. 693, as amended; - Off-street parking requirements per the governing ordinance of this property - Fire lanes must be approved by the City Fire Department. TREE CONSERVATION COMMENTS: * The proposed Concept Plan complies with the previously approved Site Plan tree conservation requirements. * 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 Case No. Attachment A ZA09-063 Page 3 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. LANDSCAPE COMMENTS: * The proposed building expansion is over 5,000 square feet so the entire development must comply with the interior landscape and bufferyards landscape requirements. Please reflect this compliance on the future Site Plan submittals. Case No. Attachment A ZA09-063 Page 4 Harris Methodist Southlake Case No. Attachment B ZA09-063 Page 1 S-P-2 Letter Case No. Attachment C ZA09-063 Page 1 Case No. Attachment C ZA09-063 Page 2 Plans and Support Information LINK TO POWERPOINT PRESENTATION Case No. Attachment D ZA09-063 Page 1 Surrounding Property Owners Harris Methodist Southlake 1 SPO # Owner Zoning Land Use Acreage Response 1 Cambridge Gorbutt Mob Lp SP2 Office Commercial 12.44 NR 2 1575 E Southlake Llc SP1 Office Commercial 1.44 NR 3 Southlake, City Of CS Public/Semi-Public 1.57 NR 4 Rcc Miron Office Ltd SP2 Office Commercial 4.76 NR 5 Bruton, Paul R & Doreen SP2 Office Commercial 1.02 NR 6 Blucher, Charles A Etux Susan SF20B Medium Density Residential 0.46 NR 7 Henning, Christian Etux Sandra SF20B Medium Density Residential 0.46 NR 8 Tompkins, James M SF20B Medium Density Residential 0.46 NR 9 Pellettieri, J M Etux Barbara SF20B Medium Density Residential 0.46 NR 10 Davis, James H Etux Carole M SF20B Medium Density Residential 0.47 NR 11 Meyer, Mark D Etux Jacquelynn SF20B Medium Density Residential 0.46 O 12 McCabe, Daniel T Etux Jessie L SF20B Medium Density Residential 0.47 O 13 Lancor, Joseph H Etux Nancy E SF20B Medium Density Residential 0.46 NR 14 Scott, Gary Etux Debby SF20B Medium Density Residential 0.46 NR 15 Inglis, Ronald C Etux Lona A SF20B Medium Density Residential 0.46 NR 16 Carroll/1709 Ltd SP2 Town Center 8.93 NR 17 Carroll/1709 Ltd SP2 Town Center 2.43 NR 18 Town Square Ventures Lp DT Town Center 3.62 NR 19 Town Square Ventures Iv Lp DT Town Center 0.47 NR 20 Town Square Ventures Iv Lp DT Town Center 0.92 NR 21 Town Square Ventures Iv Lp DT Town Center 0.28 NR 22 Town Square Ventures V Lp DT Town Center 1.10 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Two (22) Responses Received: Two (2) - Attached Attachment E Case No. ZA09-063 Page 1 Attachment F Case No. ZA09-063 Page 1 Attachment F Case No. ZA09-063 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-558a 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 1R, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 12.6339 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P- 2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, TO “S-P-2” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, AS DEPICTED ON THE APPROVED CONCEPT 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 Case No. Attachment G ZA09-063 Page 1 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-2” Generalized 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, Case No. Attachment G ZA09-063 Page 2 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 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. Case No. Attachment G ZA09-063 Page 3 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 Lot 1R, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9210 and 9211, Plat Records, Tarrant County, Texas, and being approximately 12.6339 acres, and more fully and completely described in Exhibit “A” from “S- P-2” Generalized Site Plan District with “O-1” Office District uses and including the uses of ambulatory surgery, imaging center, short stay beds, and associated services to include medical related retail, such as pharmacy and durable medical goods, to “S-P-2” Generalized Site Plan District with “O-1” Office District uses and including the uses of ambulatory surgery, imaging center, short stay beds, and associated services to include medical related retail, such as pharmacy and durable medical goods, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific 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 Case No. Attachment G ZA09-063 Page 4 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, 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 Case No. Attachment G ZA09-063 Page 5 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 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. Case No. Attachment G ZA09-063 Page 6 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. th PASSED AND APPROVED on the 1st reading the 15 day of December, 2009. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2010. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ Case No. Attachment G ZA09-063 Page 7 ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA09-063 Page 8 EXHIBIT “A” Being Lot 1R, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9210 and 9211, Plat Records, Tarrant County, Texas, and being approximately 12.6339 acres. Case No. Attachment G ZA09-063 Page 9 EXHIBIT “B” “S-P-2” Letter Case No. Attachment G ZA09-063 Page 10 Case No. Attachment G ZA09-063 Page 11 Case No. Attachment G ZA09-063 Page 12 Revised Concept Plan Case No. Attachment G ZA09-063 Page 13 Approved Concept Plan Case No. Attachment G ZA09-063 Page 12 Case No. Attachment G ZA09-063 Page 13 Landscape Plan Case No. Attachment G ZA09-063 Page 14 Tree Conservation Case No. Attachment G ZA09-063 Page 15 Retaining Wall Concepts Case No. Attachment G ZA09-063 Page 16