Loading...
Item 7H Department of Planning & Development Services S T A F F R E P O R T October 15, 2008 ZA08-007 CASE NO: Zoning Change and Site Plan for Legacy Business Park PROJECT: REQUEST: On behalf of Wanda Jean May, Kirk J. Koogler is requesting approval of a zoning change from S-P-2 with “O-1” Office district uses to “S-P-1” with “O-1” office district uses and site plan proposing three office building totaling 17,355 square feet. This property is currently a 1.86 acre part of a 5.8 acre “S-P-2” zoned office development containing seven office buildings totaling 51,000 square feet. The developer of that office development did not follow through with the purchase and development of the plan following its approval. This has left the five individual tract owners tied together under the current S-P-2 zoning and plan. The purpose of this request is separate this tract from the remaining four tracts to allow development of an independent office site. A variance to the driveway spacing and stacking depth is proposed. 250 feet is required and approximately 170 feet is proposed between a driveway to the north. 75 feet of stacking is required and 30 is provided. Consider first reading for zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Link to Plans and Support Information (D) Site Plan Review Summary No. 4, dated October 15, 2008 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-567 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA08-007 BACKGROUND INFORMATION OWNER: Wanda Jean May APPLICANT: Kirk J. Koogler & Robert Leeper PROPERTY SITUATION: 240 S. Peytonville Avenue LEGAL DESCRIPTION: Lot 3, Akard Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: S-P-2 Generalized Site Plan District REQUESTED ZONING: S-P-1 Detailed Site Plan District HISTORY: A zoning change and concept plan for S-P-2 zoning with O-1 office uses was approved in November of 2002. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends S. Peytonville Avenue, adjacent to Carroll Senior High, to be a 5-lane, undivided arterial street with 84’ of right- of-way. Traveling south of the proposed development, the Master Thoroughfare Plan recommends a transition of S. Peytonville Avenue to a 2- lane, undivided collector street with 70’ of right-of-way. Adequate right-of-way is being dedicated. Existing Area Road Network and Conditions The proposed site will have one (1) drive directly onto S. Peytonville Avenue. The site will also have access to the site to the north through two common access easements. S. Peytonville Avenue is a four lane, divided roadway with left-turn lanes at median breaks north of the proposed drive. S. Peytonville transitions into a 2- lane, undivided roadway south of the proposed drive. May, 2006 traffic counts on S. Peytonville Ave (between FM 1709 and Continental Blvd): Table #1 24hr 1,5371,502 North Bound (NB) () South Bound (SB) () NB 187155 Peak A.M. () 5 – 6 a.m. Peak P.M. () 3 – 4 p.m. SB 314116 Peak A.M. () 5 – 6 a.m. Peak P.M. () 3 – 4 p.m. Traffic Impact Use Sq. ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Previous Plan - General 50,600 557 70 9 13 63 Office Park Current Plan 7,600 192 25 2 43 20 *Vehicle Trips Per Day Case No. Attachment A ZA08-007 Page 1 *The AM/PM times represent the number of vehicle trips generated during the peak travel times on S. Peytonville Ave. WATER & SEWER: The site will connect to an 8” water line that runs along the east side of S. Peytonville Ave. The site will also connect to an existing Sanitary Sewer line that runs along the west property line. TREE PREVERVATION: Approximately 30 trees are shown to be preserved. Approximately 35 are shown within the building pad and pavement areas and are to be removed. P&Z ACTION: August 21, 2008; Approved (7-0) subject to Site Plan Review Summary No. 3, dated August 15, 2008; granting the requested variances; allowing the deferment of Preliminary Drainage Plans and Grading Plan until the Building Permit is requested; and, recommending that future Commissions evaluate the connectivity on the existing site plans, that it encumber the northern two (2) parcels and the southern two (2) parcels adjacent to the subject. September 18, 2008; Approved to table (7-0) until October 9, 2008. October 9, 2008; Approved (4-1), Wang dissented, S-P-1 zoning with “O-1” uses subject to the Site Plan review summary No. 3 dated August 15, 2008. CITY COUNCIL ACTION: September 2, 2008; Motion was to remand back to the Planning and Zoning Commission directing them to convene a rezoning public hearing on all five lots covered by the S-P-2 concept plan and site plan for this project and to conduct public hearings to determine the highest and best use of the property in a community sense and to forward a rezoning recommendation to the City Council for final action (7-0). N:\Community Development\MEMO\2008cases\007 - ZSP - Legacy Business Park\Staff Report\ZA08-007ZSP CC 9-02-08.doc Case No. Attachment A ZA08-007 Page 2 Case No. Attachment B ZA08-007 Page 1 Link to Plans and Support Information Case No. Attachment C ZA08-007 Page 1 SITE PLAN REVIEW SUMMARY ZA08-007Four10/15/08 Case No.: Review No.: Date of Review: Zoning Change and Site Plan Project Name: – 240 S. Peytonville Legacy Business Park OWNER: APPLICANT/ARCHITECT Wanda May Paragon Design Group 280 S. Peytonville Southlake, Tx 76092 Phone: (817) 488-8063 Phone: (817) 421-1945 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/25/08 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 DENNIS KILLOUGH AT (817) 748-8072 1. Provide Preliminary Drainage Plans prepared, sealed, signed, and dated by a certified engineer. Requirement may be waived only by the City Engineer or the Community prior to Development Director submittal of this application. All development must comply with the Drainage Ordinance No. 605 as amended. All development must comply with the Drainages Ordinance No. 605, as amended. Inadequately sized detention or other issues determined by the drainage study may reduce the buildable area of the plan, affect building (Deferral Until layout, number/size of buildings and amount of paving/parking on-site. Building Permit Requested) 2. Provide a grading plan showing existing and proposed finished grade of the site with contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. Note the City approved benchmark used (Deferral Until Building Permit Requested) for topographical information. 3. The following changes are needed regarding Driveways and compliance with the Driveway Ordinance No. 634, as amended: a. This portion of S. Peytonville is designated as an arterial street which requires a minimum spacing of 250 feet between driveway centerlines. A spacing of 170 feet is shown from this driveway to an unapproved proposed off-site driveway to the (Variance is requested) north. b. A minimum 75’ of stacking depth is required for the driveway. Approximately 30 (Variance is requested) feet is provided. c. CURB INLET DRAINAGE OFFSET: The driveway curb return at the point of tangency with the street curb shall not be located within (a) five (5') feet of the downstream edge or ten (10') feet of the upstream edge of a straight curb inlet or inlet extension or (b) within ten (10') feet of a recessed inlet. The represented Case No. Attachment D ZA08-007 Page 1 location appears to be close to meeting this requirement. Please verify and label the dimension from the tangent of the curb return. 4. Staff recommends providing a color rendering for presentation purposes. 5. Provide an 8’ trail along the frontage of S. Peytonville. 6. Staff recommends providing a landscape plan with color coded plant types. * A SPIN meeting for SPIN District 16 was held on December 10, 2007. There were no attendees other than those involved with the proposed project. * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * If the proposed driveway is approved, to insure access to the existing properties to the north and south, a common access easement covering the width location of the show interior driveway must be executed and filed of record prior to issuance of a building permit. Clearly show and label that the easement will be provided and where. * No review of proposed signs is intended with this site plan. A separate sign permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit , 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment D ZA08-007 Page 2 Surrounding Property Owners Legacy Business Park SPO Owner Zoning Land Use Acreage # 1. Bradner Central Co C2 Retail Commercial 2.18 2. Ott Real Estate Inv Ltd O1 Retail Commercial 1.28 3. May, Clentis L Etux Wanda J SP2 Medium Density Residential 1.02 4. Akard, Larry W SP2 Medium Density Residential 1.01 5. May, Wanda Jean SP2 Medium Density Residential 1.95 6. Baker, Bruce R Etux Betty L SF20A Medium Density Residential 0.54 7. Park, Louis Y Etux Tina R SF20A Medium Density Residential 0.48 8. Lewandowski, Mark Etux Audra SF20A Medium Density Residential 0.73 9. Huang, Craig J Etux Leigh E SF20A Medium Density Residential 0.47 10. Christensen, Mark L Etux Socor SF20A Medium Density Residential 0.46 11. Tak, Hyun Duk Etux Cindy SF20A Medium Density Residential 0.39 12. Southlake Woods Lp SF20A Medium Density Residential 0.18 13. Medium Density Residential, Carroll ISD SP1 Public/Semi-Public 56.04 14. Retail Commercial, Medium Davis, Donald G SP2 Density Residential 1.01 15. Greenwood, Robert C & Andrea SP2 Medium Density Residential 1.01 16. Retail Commercial, Medium W & B Kidd Family Ltd Prntshp C2 Density Residential 14.04 Case No. Attachment E ZA08-007 Page 1 Surrounding Property Owner Responses Legacy Business Park Notices Sent: Sixteen (16) Responses Received: Two (2) 1) Clentis L & Wanda J. May Notification , 280 S. Peytonville Ave., Southlake, TX; Submitted a In Favor Of Response Form stating on August 18, 2008 (attached). 2) Wanda Jean May Notification Response , 280 S. Peytonville Ave., Southlake, TX; Submitted a In Favor Of Form stating on August 18, 2008 (attached). Case No. Attachment F ZA08-007 Page 1 Case No. Attachment F ZA08-007 Page 2 Case No. Attachment F ZA08-007 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-567 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, AKARD ADDITION, BEING APPROXIMATELY 1.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “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 WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and Case No. Attachment G ZA08-007 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 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 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 Case No. Attachment G ZA08-007 Page 2 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 Lot 3, Akard Addition, being approximately 1.86 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District with “O-1” Office District uses to “S-P-1” Detailed Site Plan District with “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. Case No. Attachment G ZA08-007 Page 3 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. Case No. Attachment G ZA08-007 Page 4 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. 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 Case No. Attachment G ZA08-007 Page 5 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 ___________, 2008. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment G ZA08-007 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA08-007 Page 7 EXHIBIT “A” Being Lot 3, Akard Addition, and being approximately 1.86 acres. Case No. Attachment G ZA08-007 Page 8 EXHIBIT “B” Reserved for Approved Site Plan Case No. Attachment G ZA08-007 Page 9