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Item 7I Department of Planning & Development Services S T A F F R E P O R T October 15, 2008 CASE NO: ZA08-078 PROJECT: Zoning change and Site Plan for Bicentennial Park REQUEST: The purpose of this request is to change zoning of approximately 6 acres of land acquired on the west side of Bicentennial Park from “AG” agricultural district to “CS” community service district to match the developed portions of the park, and to receive approval for the master concept plan (approx. 82 acres) and phase 1 site plan approval (approx. 25 acres) which includes four additional ball fields, five additional tennis courts, a concession and restroom facility, staff offices, parking and landscape. A variance is requested for the following items: 1) Lighting – A variance to allow sports lighting for the ball fields a) Allow metal Halide Lighting for fields instead of high pressure sodium b) Allow maximum intensity to exceed 20 ft. candles (max. ±70 ft. candles) c) Allow spill over lighting to exceed 0.2 ft candles at residential property lines (max. ±22 ft. candles) 2) Bufferyards - Except for the phase 1 construction boundary, bufferyards and landscape will remain as it exists today. No new plantings will be provided in the existing eastern phases of the park. ACTION NEEDED: 1) Consider first reading approval for the zoning change and site plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Site Plan Review Summary No. 1 dated October 15, 2008 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-576 for Commission and Council Members Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 08-078 BACKGROUND INFORMATION OWNER/APPLICANT: City of Southlake PROPERTY SITUATION: Property is located 400 N. White Chapel Blvd., 300 and 450 W. Southlake Boulevard and 275-315 Shady Oaks Drive, Southlake, Texas. LEGAL DESCRIPTION: Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 in the L.B.G. Hall Survey Abstract No. 686 LAND USE CATEGORY: Public/Semi-Public & Medium Density Residential CURRENT ZONING: “CS” Community Service District and “AG” Agricultural District REQUESTED ZONING: “CS” Community Service District P & Z ACTION: October 9, 2008; Approved (4-1), Commissioner Fagile dissented, subject to the site plan review Summary No. 1 dated October 9, 2008, granting the requested variances and subject to the City staff meeting with neighbors along the north boundary to discuss the possibility of additional buffering. STAFF COMMENTS: Attached is Review Summary No. 1 dated October 9, 2008. Peter Kao, Construction Manage with Community Services of the City of Southlake met with the residents present at the meeting on Friday October 10, 2008. The residents requested a masonry wall along the north boundary of the park similar to the wall along the southern boundary of the Shops of Southlake. In response, Community Services acquired an estimate for such a wall which would cost approximately $300,000 for the Phase 1 boundary and approximately $600,000 for the entire northern boundary. An 8 feet tall wood fence currently exists along the eastern portion of the north boundary line and a 6 feet tall wood fence exists along the west portion of the north boundary. Community Services removed the previous variance requested on screening and has indicated that they will replace the 6 feet tall wood fence with an 8 feet tall wood fence which will be extended to Shady Oaks Drive along the north boundary. Case No. Attachment A ZA 08-078 Page 1 Case No. Attachment B ZA 08-078 Page 1 Plans and Support Information Lighting Variance Letter Case No. Attachment C ZA 08-078 Page 1 SITE PLAN REVIEW SUMMARY ZA08-0078One10/15/08 Case No.: Revised Review No.: Date of Review: Site Plan Project Name: – Bicentennial Park APPLICANT: ARCHITECT: City of Southlake –Community Services Schrckel, Rollins & Associates Peter Kao Phone: (817) 748-8607 Phone: (917) 649-3216 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/01/08 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. ZA08-078 1. Place the City case number “" in the lower right corner for ease of reference. 2. Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name, existing zoning, and land use map designation ("L.U.D.=_____") 3. The following changes are needed regarding driveways: a. Show deceleration lanes along Shady Oaks and White Chapel. b. The driveway at the southwest corner of the property accessing Shady Oaks does not meet the spacing requirements from an existing driveway to the south. Reconfigure the driveway(S) such that they meet the minimum 1550 spacing between centerlines and do not conflict with any existing commercial driveways or streets across the roadway. 4. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of (Variance is requested to allow sports lighting) lighting, intensity, glare and spill-over. 5. Provide a minimum 8’ screening device meeting the requirements of Ordinance 480, Sections 33 and 39 along all boundaries abutting residential property. An 8 feet tall wood fence currently exists along the eastern portion of the north boundary line. A 6 feet tall wood fence exists along the west portion of the north boundary. Community Services has indicated that they will replace the 6 feet tall wood fence with an 8 feet tall wood fence which will be extended to Shady Oaks Drive along the north boundary. Show and label on the plans. 6. Bufferyards are required along the full perimeters of the property in accordance with Ord. 480, Variance Requested –Bufferyard plantings are proposed for the Phase 1 Sections 42 & 43. ( boundary only, no new plantings are proposed on the existing phases .) TREE CONSERVATION COMMENTS: 1. In addition to the existing condition and removal plan provided, please provide a detailed Tree Conservation Plan clearly delineating which existing trees are proposed to be removed and which existing trees are proposed to be preserved. Provide information of the species and trunk diameter of all existing trees. The submitted review set of plans show which trees are proposed to be removed but no information is provided regarding their species and trunk Case No. Attachment E ZA 08-078 Page 1 diameter. 2. Modify the grading plan such that the critical root zones of the trees shown to be preserved will not be adversely affected. The existing trees directly in front of and in back of the Evan’s house are proposed to be preserved. The grading proposed between the new parking lot and the existing house is not conducive to the preservation of the existing trees. Grading ranging from 1’ – 3’ for drainage throughout the area and to catch drainage from the parking lot is proposed within the critical root zone area of the trees. It looks like it would be possible to divert the drainage from the parking lot further south so drainage through the front yard of the Evan’s house would be avoided and less grading would occur around the trees. * Most all of the existing trees within the north portion of the park are in poor condition and are not recommended for preservation. Most all of them are volunteer and invasive species that have grown from the lack of maintenance on the property. Because of their condition many of them would quickly be considered too hazardous to remain in public park setting. Only most of the trees surrounding the Evan’s house and the along the right-of-way of Shady Oak are in healthy condition and can be maintained to provide a safe environment in the park. BUFFERYARDS: 1. Please label all required bufferyards and provide bufferyard summary charts. * Bufferyards and landscape shown for this phase of construction exceed minimum requirements. Informational Comments: * 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, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment E ZA 08-078 Page 2 Surrounding Property Owners Bicentennial Park SPO # Owner Zoning Land Use Acreage 1. Garcia, Manuel F Etux Maria G SF1-A Low Density Residential 0.98 2. Harvey, Robert Jr & Suzanne S SF1-A Low Density Residential 1.06 3. Whitney, Scott Etux Janine SF1-A Low Density Residential 0.97 4. Current Owner SF1-A Low Density Residential 1.00 5. First American Savings Banc SP2 Retail Commercial 1.17 6. Public Park/Open Space, Retail Bicentennial Fin Center Lp SP2 Commercial 1.17 7. Medium Density Residential, Office Dana's Studio Of Dance Inc C2 Commercial 0.75 8. Medium Density Residential, Office Dana's Studio Of Dance Inc C2 Commercial 0.72 9. Public Park/Open Space, Retail Inland Western Slake Suntree SP2 Commercial 7.74 10. Inland Western Slake Suntree SP2 Retail Commercial 0.90 11. Public Park/Open Space, Retail Southlake, City Of CS Commercial 1.58 12. Stacy, Randall W SF1-A Low Density Residential 1.08 13. Highberger, Rhonda Etvir Larry SF1-A Low Density Residential 1.10 14. Medium Density Residential, Low Stacy, Roy J SF1-A Density Residential 5.69 15. Stacy, Ronald T Etux Barbara K SF1-A Low Density Residential 1.08 16. Low Density Residential, Office Wyndham Properties Ltd SP1 Commercial 1.02 17. Wyndham Properties Ltd SP1 Office Commercial 1.10 18. Bailey, Stephen Etux Ann SF30 Medium Density Residential 1.06 19. Coffey, Craig C Etux Carole L SF20A Medium Density Residential 0.65 Case No. Attachment F ZA 08-078 Page 1 20. Medium Density Residential, Low James, Rhonda & Cassie James SF1-A Density Residential 3.17 21. Public Park/Open Space, Retail White House Exe Center Lp C2 Commercial 1.60 22. Teal, Suzanne SF1-A Low Density Residential 0.86 23. Sharif, Nazma Etvir Reaz SF1-A Low Density Residential 1.02 24. Cox, Charles SF1-A Low Density Residential 0.94 25. Gillette, Donald Etux Cynthia SF20A Medium Density Residential 0.46 26. Medium Density Residential, Public Martin, Christopher L SF20A Park/Open Space 0.58 27. Medium Density Residential, Public Upshaw, Gail L SF20A Park/Open Space 0.47 28. Medium Density Residential, Public Jackson, Geo T Jr Etux Barbara SF20A Park/Open Space 0.45 29. Smith, Paul Etux Deborah SF20A Medium Density Residential 0.45 30. Medium Density Residential, Public Fernandez, Raul A Etux Janice SF20A Park/Open Space 0.46 31. Medium Density Residential, Public Mediate, V S Etux Christine SF20A Park/Open Space 0.45 32. Medium Density Residential, Public Welch, David E & Karyn Antala SF20A Park/Open Space 0.46 33. Medium Density Residential, Public Crittendon, Joe C Etux Dana L SF20A Park/Open Space 0.45 34. Medium Density Residential, Public Jefferies, Lan Bui SF20A Park/Open Space 0.46 35. Medium Density Residential, Public Stefanko, Edward P Etux Tricia SF20A Park/Open Space 0.47 36. Medium Density Residential, Low Zitnik, James K Etux Siv M SF20A Density Residential 0.69 37. Medium Density Residential, Low Owen Land & Properties Inc AG Density Residential 19.84 38. Low Density Residential, Office Fountain Five Zero Two Tr AG Commercial 9.96 39. Clardy-Ruffner C2 Office Commercial 0.94 40. Public Park/Open Space, Retail Southlake Oaks Llc C2 Commercial 2.56 41. Public Park/Open Space, Retail Southlake Oaks II Llc C2 Commercial 2.20 42. Medium Density Residential, Low Powell, Timothy Etux Cheryle SF1-A Density Residential 1.88 43. Campbell, John E Etux Carla SF1-A Low Density Residential 1.80 44. Nathan, Francis Etux Lisa SF1-A Low Density Residential 1.95 45. Pillow, Timothy Etux Claudia SF1-A Low Density Residential 1.92 46. Broadstone Custom Homes Inc SF1-A Low Density Residential 1.92 47. Public Park/Open Space, Retail Gte Southwest Inc CS Commercial, Public/Semi-Public 0.43 48. Terra/Statfort Office Lp C2 Office Commercial 2.15 49. 100-Year Flood Plain, Office Commercial, Medium Density Lechler, Gloria Etal O1 Residential 14.76 50. Medium Density Residential, Low Density Residential, Public Park/Open Southlake, City Of CS Space 9.57 51. Public Park/Open Space, Retail Southlake, City Of CS Commercial 10.29 52. Southlake, City Of CS Public Park/Open Space 1.04 Case No. Attachment F ZA 08-078 Page 2 53. Public Park/Open Space, Retail Southlake, City Of CS Commercial 4.97 54. Public Park/Open Space, Retail Southlake, City Of CS Commercial 2.89 55. Southlake, City Of CS Public Park/Open Space 7.76 56. Public Park/Open Space, Medium Southlake City Of AG Density Residential 2.91 57. Low Density Residential, Public Park/Open Space, Medium Density Southlake, City Of CS Residential 15.73 58. Low Density Residential, Public Park/Open Space, Medium Density Southlake, City Of CS Residential 2.90 59. Medium Density Residential, Low Density Residential, Public Park/Open Wayland, Marcus AG Space 4.99 60. Public Park/Open Space, Medium Density Residential, Retail Commercial, Southlake, City Of CS Public/Semi-Public 8.15 61. Public Park/Open Space, Medium Southlake, City Of AG Density Residential 13.96 62. Public Park/Open Space, Retail Southlake, City Of CS Commercial 0.66 Case No. Attachment F ZA 08-078 Page 3 Surrounding Property Owner Responses Bicentennial Park Notices Sent: Sixty-two (62) Responses Received: Within 200 feet - Rhonda &Cassie James 430 Shady Oaks Drive – Undecided, see attached letter Outside 200 feet - None (0) Case No. Attachment G ZA 08-078 Page 1 Case No. Attachment G ZA 08-078 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-576 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 DESCRIBED AS TRACTS 2A AND 3C1 SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM “AG” AGRICULTURAL DISTRICT TO “CS” COMMUNITY SERVICE DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the Case No. Attachment H ZA 01-126 Page 1 public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District uses 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 Case No. Attachment H ZA 08-078 Page 2 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 H ZA 08-078 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 Tracts 2A and 3C1, situated in the Littleberry G. Hall Survey, Abstract No. 686, Southlake, Tarrant County, Texas, and being approximately 6 acres and more fully and completely described in Exhibit "A" from “AG” Agricultural District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”. 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 H ZA 08-078 Page 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 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. Case No. Attachment H ZA 08-078 Page 5 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 ten (10) 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 H ZA 08-078 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. 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 H ZA 08-078 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA 08-078 Page 8 EXHIBIT "A" Being Tracts 2A and 3C1, situated in the Littleberry G. Hall Survey, Abstract No. 686, Southlake, Tarrant County, Texas, and being approximately 6 acres and being more particularly described by metes and bounds as follows: (Reserved for Metes and Bounds) Case No. Attachment H ZA 08-078 Page 9 EXHIBIT "B" (Reserved for Approved Site Plan) Case No. Attachment H ZA 08-078 Page 10