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Item 6A Department of Planning & Development Services S T A F F R E P O R T June 9, 2010 CASE NO: ZA10-027 PROJECT: Zoning Change and Site Plan for Carroll ISD Middle School EXECUTIVE SUMMARY: On behalf of Carroll Independent School District, Hart, Gaugler and Associates, Inc. is requesting approval of a zoning change and site plan from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District to modify the previously approved “S-P-1” regulations, site plan, elevations and landscape plan for a new Carroll ISD middle school on approximately 24.935 acres located at 1800 E. Kirkwood Blvd. REQUEST DETAILS: A zoning change and site plan from “AG” Agricultural to “S-P-1” Detailed Site Plan District for a new approximately 200,000 square foot middle school was approved by City Council on September 1, 2009. The proposed zoning change and site plan includes the revisions below: 1. The site plan has been revised to show the reconfigured building footprint. 2. The elevations have been revised to show changes to the façade materials. 3. The landscape plan has been revised to closer reflect the minimum required landscape plantings inclusive of the tree credits. 4. The modifications to the the current “S-P-1” regulations are outlined below: 1) Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed 60 feet. 2) Architectural Elevations and Materials: On all facades, the elevations and materials will be as shown on the site plan and the building elevations. 3) Solar Energy System: The solar energy system is a permitted accessory use as shown on the plans. A revised landscape plan was submitted on June 8, 2010 that shows plantings st relocated along Highland St. at the request of Council at 1 reading. VARIANCES REQUESTED: The following variances were approved with the original zoning case September 1, 2009 and they are requested again with this submittal: 1) Athletic Field and Tennis Court Lighting: Type of lighting proposed is Metal Halide for Athletic Field and Tennis Court (type permitted – high pressure Case No. ZA10-027 sodium, typically a brown tented light, but may also be any “other lights giving a similar soft lighting effect”). The maximum light intensity proposed not to exceed ± 50 foot candles on the tennis courts playing surface and 30 foot candles on the athletic field playing surface (max. permitted 20 ft candles). The maximum vertical spill-over lighting proposed not to exceed ± 0.7 ft. candles along residential and agricultural property lines (max. 0.5 permitted). The maximum horizontal spill-over along residential and agricultural property lines (0.14 ft. candles) complies with the maximum spill-over permitted by the Lighting Ordinance (0.2 ft. candles). 2) Driveway Stacking - The required internal storage length is 75 feet (± 60 feet is provided on the east driveway). ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Revised Site Plan Review Summary No. 2, dated May 26, 2010 (E) SPIN Report - April 26, 2010 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-590a for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA10-027 BACKGROUND INFORMATION OWNER: Carroll Independent School District APPLICANT: Hart, Gaugler and Associates, Inc. PROPERTY SITUATION: 1800 E. Kirkwood Blvd. LEGAL DESCRIPTION: Tracts 1, 2A and 2B1, Thomas Mahan Survey, Abstract No. 1049. LAND USE CATEGORY: Mixed Use and Low Density Residential OPTIONAL LAND USE: EC-R – Employment Center Residential CURRENT ZONING: “ S-P-1” – Detailed Site Plan REQUESTED ZONING: “ S-P-1” – Detailed Site Plan HISTORY: - The school property was included in the preliminary plat (Case No. ZA05-113) for the Gateway Church property. City Council approved the plat on August 21, 2007. - A final plat (Case No. ZA09-033) for Lot 1, Block 1, Carroll ISD No. 7 Addition was approved by the P&Z Commission on August 6, 2009. -A zoning change and site plan (Case No. ZA09-032) from “AG” Agricultural to “S-P-1” Detailed Site Plan District was approved by City Council on September 1, 2009. PATHWAYS MASTER PLAN: An eight (8) foot multi-use trail is programmed for the north side of Kirkwood Blvd. and extending along the west side of the property from Kirkwood Blvd. to E. Highland Street. The multi-use trails required are shown on the site plan. WATER & SEWER: There is a 15 inch diameter trunk sewer line to serve this development. There is a 12 inch diameter waterline located in Kirkwood Blvd. to serve this development. DRAINAGE ANALYSIS: The drainage from this development is generally to the southeast. There is an existing storm sewer pipe located in Kirkwood Blvd to serve this development. TREE PRESERVATION: No additional existing trees are proposed to be altered. PLANNING & ZONING COMMISSION ACTION: May 6, 2010; Approved (5-0) to table to the May 20, 2010 Planning and Zoning Commission meeting. May 20, 2010; Approved (5-0), granting the requested variances and subject to Site Plan Review Summary No. 2, dated May 20, 2010. COUNCIL ACTION: June 1, 2010; Approved (7-0) granting the changes as requested by the applicant with the exception of the landscape plan, which is not being approved, and including Plan Review Summary No. 2, dated May 26, 2010, and approving the previously granted variances. Case No. Attachment A ZA10-027 Page 1 STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 2, dated May 26, 2010. Case No. Attachment A ZA10-027 Page 2 Case No. Attachment B ZA10-027 Page 1 SITE PLAN LINK TO POWERPOINT PRESENTATION Case No. Attachment C ZA10-027 Page 1 “S-P-1” AND VARIANCE REQUEST LETTER Case No. Attachment C ZA10-027 Page 2 Case No. Attachment C ZA10-027 Page 3 REVISED SITE PLAN REVIEW SUMMARY ZA10-027Two05/26/10 Case No.: Review No.: Date of Review: Site Plan– Carroll ISD Middle School Project Name: APPLICANT: Hart, Gaugler and Associates OWNER: Carroll ISD John D. Blacker Derek Citty 12801 N. Central Expy, Suite 1400 3051 Dove Road Dallas, TX 75243 Grapevine, TX 76051 Phone: (972) 239-5111 Phone: (817) 949-8218 Fax: (972) 239-5055 Fax: (817) 949-8229 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/13/10 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072. 1. Ensure that the building footprint on the site plan matches the proposed elevations and dimension each wall length on the site plan. 2. Please correct the northeast bufferyard shown on the site plan to match the length shown on the landscape plan bufferyard chart. The bufferyard should not extend through the tree preservation area along the northeast property line. Correct the bufferyard summary chart on the site plan to match the summary chart on the landscape plan. 3. Please provide the required number of plantings in each bufferyard or add to the “S-P-1” regulations that the required number of plantings will be provided on the site. Tree Conservation/Landscape Review Keith Martin Landscape Administrator (817) 748-8229 kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * No additional existing trees are proposed to be altered. * 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 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 Landscape Case No. Attachment D ZA10-027 Page 1 # Indicates comments on required items. * Indicates informational comments. Public Works/Engineering Review Michael James, P.E., CFM Civil Engineer (817) 748-8101 mjames@ci.southlake.tx.us No comments. 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 driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, (as amended). * All lighting must comply with the Lighting Ordinance No. 693, as amended. A variance has been requested for lighting for the tennis courts and football field. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 65 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * 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 D ZA10-027 Page 2 Case No. Attachment E ZA10-027 Page 1 Case No. Attachment E ZA10-027 Page 2 Surrounding Property Owners Carroll ISD Middle School SPO # Owner Zoning Land Use Acreage Response Cook, Steven E Etux Katherine SF1-A Low Density Residential 1.32 1. NR Oji, Jay SF1-A Low Density Residential 1.06 2. NR Gateway Church NRPUD Mixed Use 89.11 3. NR Carroll ISD SP1 Low Density Residential, Mixed Use 26.49 4. NR Moore, Joseph G AG Low Density Residential 0.91 5. NR Knight, Harold I Etux Shirley AG Low Density Residential, Mixed Use 11.16 6. NR Blaser, Danny O AG Low Density Residential 1.94 7. NR Carter, Linda Hilliard AG Low Density Residential 1.84 8. NR Gateway Church NRPUD Mixed Use 10.53 9. NR Gateway Church NRPUD Mixed Use 8.59 10. NR Carter, Linda H & Jerry G AG Low Density Residential 1.06 11. NR Gateway Church NRPUD Mixed Use, Public/Semi-Public 48.97 12. NR Cameron, Scott E & Maria P SF1-A Low Density Residential 0.94 13. NR Andre, Don F SF1-A Low Density Residential 1.23 14. NR Braun, Fred SF1-A Low Density Residential 1.41 15. NR Case No. Attachment F ZA10-027 Page 1 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fifteen (15 ) within 200 feet Responses Received: None (0) Case No. Attachment F ZA10-027 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-590a 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 1, 2A AND 2B1, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.935 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USESTO INCLUDE A SOLAR ENERGY SYSTEM AS A PERMITTED ACCESSORY USE, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and Case No. Attachment G ZA10-027 Page 1 general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, Case No. Attachment G ZA10-027 Page 1 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 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 Case No. Attachment G ZA10-027 Page 2 amended as shown and described below: Being legally described as Tracts 1, 2A, and 2B1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 24.935 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District with “CS” Community Service District uses to include a solar energy system as a permitted accessory use, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: S-P-1 Regulations and Variance Request Letter Case No. Attachment G ZA10-027 Page 3 Case No. Attachment G ZA10-027 Page 4 1. CISD will install an 8-foot black or green-coated chain link fence (granting latitude on the color of the fence to the CISD Board of Trustees) and an 8-foot wood fence where noted on the site plan, stating that CISD has committed to following the City’s property maintenance standards that are followed by the City of Southlake and, in the future, stating that CISD has agreed that as the property next door develops any changes in fencing materials will be evaluated by all property owners and city staff and will be compatible with what is existing; Case No. Attachment G ZA10-027 Page 5 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. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment G ZA10-027 Page 6 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 ZA10-027 Page 7 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. Case No. Attachment G ZA10-027 Page 8 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 ______, 2010. _________________________________ 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:___________________________ ADOPTED:_______________________ Case No. Attachment G ZA10-027 Page 9 EFFECTIVE:______________________ Case No. Attachment G ZA10-027 Page 10 EXHIBIT “A” Being legally described as Tracts 1, 2A, and 2B1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 24.935 acres, and more fully and completely described as follows: Case No. Attachment G ZA10-027 Page 11 Case No. Attachment G ZA10-027 Page 12 EXHIBIT “B” Reserved for Approved Site Plan Case No. Attachment G ZA10-027 Page 13 FENCE PLAN SUBMITTED AUGUST 31, 2009 Case No. Attachment G ZA10-027 Page 14