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Item 6D Department of Planning & Development Services S T A F F R E P O R T May 14, 2008 ZA07-146 CASE NO: Zoning Change and Concept Plan for Harris Methodist Southlake PROJECT: REQUEST: On behalf of Cambridge 114, Inc., 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. Following the January 17, 2008 Planning & Zoning Commission meeting, a SPIN meeting and separate neighbor/applicant meetings were held regarding this development. As a result of the SPIN meeting and the meetings with neighbors, the applicant has removed a row of parking on the southern lot, increased the distance between the southern property line and the parking lot pavement, provided a landscape plan for the southwestern corner of the property, and provided renderings of the retaining wall. The SPIN meeting report is included as Attachment H. At the April 17, 2008 Planning & Zoning Commission meeting, the Planning & Zoning Commission requested that the applicant consider including live oaks in the landscape planting plan. The applicant responded by submitting a landscape planting plan that includes 5 live oaks where 5 red cedars were previously shown. A zoning change and concept plan was previously approved in 2003. The following changes from the 2003 concept plan are proposed:  Modify building setbacks to allow for a zero lot line (zero building setback line) on certain lots and to allow for subdivision into three lots (see the associated plat revision case, number ZA06-171).  Add a separate, two-story, 45,000 gross square foot medical office building on the south side of the site. On the previous concept plan, the proposed 45,000 square foot medical office building was attached to the hospital.  Reduce total parking spaces from 685 spaces to 597 spaces. Reduce 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.  Increase the distance between the southern property line and the parking lot pavement from 53.5 feet to approximately 59 feet (as measured by staff).  The maximum impervious coverage of the S-P-2 district as a whole shall not exceed 70%. As a result of the proposed subdivision of the property, the applicant is also requesting Case No. ZA07-146 to add the following development regulations:  Allow a front setback for the Phase 2 medical office building of no less than 5 feet.  No bufferyards are required along internal lot lines. All of the other development regulations are consistent with the regulations approved with the 2003 concept plan. 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) S-P-2 Letter (D) Plans and Support Information Concept Plan Review Summary No. 4, dated April 11, 2008 (E) (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) SPIN Report (I) Ordinance No. 480-558 for Commission and Council Members Only (J) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Jenny Crosby (748-8195) Case No. ZA07-146 BACKGROUND INFORMATION OWNER: Cambridge 114, Inc. 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: -A Final Plat was approved by the City Council on June 15, 1982. -City Council approved a zoning change request and Concept Plan on January 19, 1999. -A zoning change request and revised Concept Plan was approved on April 11, 2003. -A Site Plan was also approved by City Council on April 11, 2003. -A zoning change request and revised Concept Plan was approved on October 3, 2003. -An Amended Plat was filed on May 10, 2004. -A Revised Site Plan was approved on July 17, 2007. TREE PRESERVATION: The canopy line for the existing trees along the south property line will be behind the retaining wall foundation line. No information regarding the existing area of canopy cover for the site is required to be provided or shown on the plan, but the proposed preservation area surrounding the property does not seem sufficient to preserve the required amount of existing tree canopy cover as required by the Tree Preservation Ordinance. P&Z ACTION: January 17, 2008; Approved to table until February 7, 2008. February 7, 2008; Approved to table until March 6, 2008. (March 6 meeting canceled due to inclement weather.) April 3, 2008; Approved to table until April 17, 2008. April 17, 2008; Approved (5-0) subject to the staff review dated April 11, 2008, recognizing the applicant’s statement that the landscape plan will include bur oaks and cedar elms, noting the applicant has agreed to look into including live oaks, and noting that the proposed retaining wall will be of the same or similar material as the existing retaining wall Case No. Attachment A ZA07-146 Page 1 on the property. COUNCIL ACTION: May 6, 2008; Approved first reading (7-0) subject to Concept Plan Review Summary No. 4, dated April 11, 2008; and subject to the recommendations made by the Planning and Zoning Commission. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated April 11, 2008. 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. N:\Community Development\MEMO\2007cases\07-146ZCP.CC 5-6.doc Case No. Attachment A ZA07-146 Page 2 Harris Methodist Southlake Case No. Attachment B ZA07-146 Page 1 S-P-2 Letter Case No. Attachment C ZA07-146 Page 1 Case No. Attachment C ZA07-146 Page 2 Case No. Attachment C ZA07-146 Page 3 Link to Plans and Support Information Case No. Attachment D ZA07-146 Page 1 CONCEPT PLAN REVIEW SUMMARY ZA07-146Four4/11/08 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Harris Methodist Southlake APPLICANT: HKS, Inc. OWNER: Cambridge 114, Inc. John Hessler Francis Sapienza 1919 McKinney Avenue Dallas, TX 75201 Phone: (214) 969-5599 Phone: (214) 871-7337 x303 Fax: (214) 969-3397 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/28/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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.The following comments are in regard to parking: a.Verify parking numbers. The second page of the site plan shows that 315 spaces are required on Site A, 33 on Site B, and 270 on Site C for a total of 618 spaces. However, the first page of the site plan states that only 597 spaces are required and only 597 spaces have been provided. b.Provide a detailed breakdown of the parking calculation, including square footage of medical office space, number of hospital beds, and number of hospital staff. 2.The following changes are needed with regard to labeling: a.Correct the labels on the development to the west (Shops of Southlake property). The L.U.D. is Town Center, the owner is Carroll 1709/Ltd., and the property has been developed. b.Clean up the labels as to what is ‘new’ and ‘future’ or ‘under construction’. Remove “Under Construction” from Summit Avenue, “Undeveloped” from Lot 4R, Block 1, Miron Addition, and “Undeveloped” from the Shops of Southlake property. 3.Update the anticipated schedule of development in the Site Data Summary. 4.Dash in the boundaries of existing improvements on the site. Clearly show what has been constructed (existing building and parking) and what will be constructed in the future. 5.Accurately depict the existing conditions on all adjacent properties. The development to the west (Shops at Southlake) is fully constructed. The Miron Grove offices to the east are currently under construction. 6.In the S-P-2 letter, clarify that the maximum impervious coverage is for the site as a whole and not per lot. Case No. Attachment E ZA07-146 Page 1 7.Verify the bufferyard along the southern property boundary. The letter and the concept plan indicate the bufferyard is 53 feet to the retaining wall foundation. However, staff measures approximately 55 feet between the southern property line and retaining wall and approximately 45 feet to the wall foundation. Verify and correct as necessary. See applicant’s response to this comment in Attachment C, page 3. INFORMATIONAL COMMENTS * Prior to receiving a building permit, a copy of the filed shared parking, cross-access, and shared maintenance agreement must be received by the City. The maintenance agreement should include provisions for fire lanes and trash enclosure/use. * The south M.O.B. is shown to be 35 feet. Please be aware that structures greater than 1-story or 20 feet in height require compliance with a setback meeting a 4:1 slope from residential property lines. 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. * 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, and a 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. * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards” as well as the Corridor Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council Note that these issues are only the major areas of site plan prior to issuance of a building permit. review and that the applicant is responsible for compliance with all site plan requirements: •Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. •Roof design standards per § 43.13b, Ordinance 480, as amended •Mechanical Equipment Screening •Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. •Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. •Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. Case No. Attachment E ZA07-146 Page 2 •Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. •Screening as per §39.4, Ordinance 480, as amended. •Interior landscaping per Landscape Ordinance No. 544. •Fire lanes must be approved by the City Fire Department. Case No. Attachment E ZA07-146 Page 3 Case No Review No.Dated: Number of Pages: . 07-146 Four April 11, 2008 1 Project Name: Harris Methodist Southlake (Zoning Change / Concept Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on March 28, 2008 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== TREE CONSERVATION COMMENTS: 1. A Tree Conservation Analysis in the form of an aerial photograph with the Concept Plan overlaid was submitted. Topographic elevation lines are shown on the plan but the topographic elevations were not provided. It also seems that the original topography is shown on the plan. Please provide topography information that current to the development. * No information regarding the existing area of canopy cover for the site is required to be provided or shown on the plan, but providing a preservation area surrounding the property does not seem sufficient to preserve the required amount of existing tree canopy cover as required by the Tree Preservation Ordinance. 2. A Tree Conservation Analysis is required to be submitted with the submittal of all Concept Plans. Since Phase 2 of the development is being proposed to be separate from the existing building a Tree Conservation Plan will be required with the submittal of a proposed Site Plan. Information required for Tree Conservation Analysis: i.Identification of Critical Environmental Features of the site: A. All grades over 5% B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii.Alternative to a Tree Survey iii.Critical Root Zones of groups of trees iv.Boundaries of any tree preservation areas as identified in the ERP Map v.Identification of areas of environmental constraints not suitable for development vi.Identification of areas of minimal environmental constraints that are suitable for development vii.Areas of encroachment into Critical Environmental Features areas identified on the site viii.Stream/Creek buffers, if any ix.The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application x.Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property Case No. Attachment E ZA07-146 Page 4 Information required for Tree Conservation Plan: i.Identification of Critical Environmental Features of the site: A.All individually protected trees B.Existing streams, drainage creeks, ponds, and other water bodies (if any) ii.Tree Survey or alternative to a tree survey iii.2-foot contour map of the site iv.Protected trees within the tree preservation area including tree size and type v.Critical Root Zones of groups of trees vi.Critical Root Zones for individual trees required for site plans only vii.Boundaries of any tree preservation areas as identified in the ERP Map viii.Identification of areas of environmental constraints not suitable for development ix.Identification of areas of minimal environmental constraints that are suitable for development x.Areas of encroachment into Critical Environmental Features identified on the site xi.Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii.Stream/Creek buffers, if any xiii.Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv.Setbacks, building lines, and buffer yards xv.The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi.Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. Case No. Attachment E ZA07-146 Page 5 Case No. ZA07-146 Review No. 4 Dated: 4/11/08 Number of Pages: 1 Project Name: Lots 1R1,1R2,&1R3, Blk 1, Gorbutt Add’n -- Zoning Change & Concept Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077 Email: ctaylor@ci.southlake.tx.us The following comments are based on the review of plans received on 3/28/2008. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. 2. A drainage easement will be required for the detention area along the west side of the property. 3. The division of the lots will require the existing sanitary and storm sewer to cross lot lines. Therefore, minimum 15’ sanitary and storm sewer easements will be required for the existing and proposed sewer through the development. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All water and sewer lines in easements or ROW must be constructed to City standards. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: * This property drains into a Critical Drainage Structure and may require a fee to be paid prior to beginning construction. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Case No. Attachment E ZA07-146 Page 6 Case NoReview No.Dated: Number of Pages: . ZA07-146 1_ 4/11/08 1 ___ Project Name: Harris Methodist Southlake ContactPhone:Fax: : Julie Dove 817-748-8026 817-748-8027__ =========================================================================== The following comments are based on the review of plans received on 3/28/08 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee credits. Please contact the Community Services Department at (817) 748-8026 for further details. Land/park dedication requirements: Subdivision creating new lots requires payment of park dedication fees in the amount of $1200 per gross acre x 12.6339 acres for a total of $15,160.68 Pathway Comments: No Comments Case No. Attachment E ZA07-146 Page 7 Surrounding Property Owners Harris Methodist Southlake SPO Owner Zoning Land Use Acreage # 1. Town Center SLTS Block 22, LP DT 0.47432839 2. Town Center SLTS Block 22, LP DT 0.92408130 3. Town Center SLTS Block 22, LP DT 0.28151708 4. Office Commercial Cambridge 114 Inc SP2 12.436 5. Office Commercial Taylor, Earnest E Jr O1 1.499 6. Public/Semi-Public Office Commercial Southlake, City Of CS 1.574 7. Office Commercial Rcc Miron Office Ltd SP2 4.763 8. Office Commercial Bruton, Paul R & Doreen SP2 1.022 9. Medium Density Residential Blucher, Charles A Etux Susan SF20B 0.462 10. Medium Density Residential Henning, Christian Etux Sandra SF20B 0.462 11. Medium Density Residential Tompkins, James M SF20B 0.462 12. Medium Density Residential Pellettieri, J M Etux Barbara SF20B 0.464 13. Medium Density Residential Davis, James H Etux Carole M SF20B 0.468 14. Medium Density Residential Meyer, Mark D Etux Jacquelynn SF20B 0.461 15. Medium Density Residential McCabe, Daniel T Etux Jessie L SF20B 0.465 16. Medium Density Residential Lancor, Joseph H Etux Nancy E SF20B 0.456 17. Medium Density Residential Scott, Gary Etux Debby SF20B 0.458 18. Medium Density Residential Inglis, Ronald C Etux Lona A SF20B 0.462 19. Town Center Town Square Ventures Lp DT 3.617 20. Town Center Southlake Office Center Ltd DT 1.098 21. Town Center Carroll/1709 Ltd SP2 29.002 Case No. Attachment F ZA07-146 Page 1 Surrounding Property Owner Responses Harris Methodist Southlake Notices Sent: Twenty-one (21). Responses Received: Three (3).  James Tompkins (SPO #11), Notification Response Form 1222 Westmont Dr., submitted a in Opposition on January 10, 2008 (see attached)  Daniel & Jessie McCabe (SPO #15), Notification Response 1304 Westmont Ct., submitted a Opposition Form in on January 11, 2008 (see attached 2 pages)  J M & Barbara Pellettieri (SPO #12), Notification Response 1224 Westmont Dr., submitted a Opposition Form in on January 15, 2008 (see attached 3 pages). Case No. Attachment G ZA07-146 Page 1 Case No. Attachment G ZA07-146 Page 2 Case No. Attachment G ZA07-146 Page 3 Case No. Attachment G ZA07-146 Page 4 Case No. Attachment G ZA07-146 Page 5 Case No. Attachment G ZA07-146 Page 6 Case No. Attachment G ZA07-146 Page 7 SPIN MEETING REPORT CASE NO. ZA07-146 PROJECT NAME: Harris Methodist Southlake SPIN DISTRICT: Citywide MEETING DATE: February 25, 2008 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3C & 3D TOTAL ATTENDANCE: Approximately 25  SPIN REPRESENTATIVE(S) PRESENT: Patty Minder  APPLICANT(S) PRESENTING: Jay David Watters, Francis Sapienza  STAFF PRESENT: Jenny Crosby, Planner II STAFF CONTACT: Jenny Crosby, (817)748-8195; jcrosby@ci.southlake.tx.us EXECUTIVE SUMMARY This case, which includes a zoning change and concept plan as well as a plat revision, was originally presented to the Planning & Zoning Commission on January 17, 2008. At the meeting, the case was tabled with a recommendation to hold a SPIN meeting. Property Situation The property is located at 1545 E. Southlake Blvd. Development Details  The entire site is being replatted to divide the existing single lot into three lots for tax purposes. The replat triggers the need for a zoning change and concept plan.  No changes are proposed for the northern portion of the property, where the hospital is located. On the southern portion of the property, applicant is proposing a new 2 story medical office building and 270 additional parking spaces. Applicant indicated that they are not ready to build this proposed building in the near future.  Since the Planning & Zoning Commission meeting, the rear (southern) buffer has been increased to approximately 60 feet and a row of parking has been removed.  Applicant will leave as many existing trees in the rear buffer as possible and will also replant as many trees as feasible in the rear yard.  The wall proposed on the southern side of the property will be 14 feet tall at the highest point. QUESTIONS & DISCUSSION What if Harris Methodist leaves the property? QUESTION: Harris Methodist has a 20 year lease RESPONSE: . What services will be offered in the proposed medical office building? QUESTION: Unsure at this time, but there will be no competing services with the hospital. It’s RESPONSE: possible that there will be ambulatory surgery with approval of the hospital. Is Harris Methodist open 24 hours? How many O.R.s does it have? QUESTION: Case No. Attachment H ZA07-146 Page 1 Yes. There are 4 existing O.R.s and 2 additional O.R.s being built. RESPONSE: How will you address the privacy issue? With the new building, we will have QUESTION: parking and windows that look into our backyards. We will leave everything behind the retaining wall except for a construction zone. RESPONSE: We will also be replanting trees. If you’re not ready to move forward with this project, why do you have a QUESTION: contractor? The contractor is building an expansion on the existing building. The on-site RESPONSE: trailer and yard are on vacant land on the property. We will put back anything that was taken that wasn’t supposed to be taken. Did you have an earth disturbance permit for the existing construction? QUESTION: We had a permit from the City. We have not been notified that anything wrong RESPONSE: has been done on the site. Wasn’t a cease and desist order placed on the property? QUESTION: Not that we are aware of. We will contact the City first thing in the morning to find RESPONSE: out. What are you willing to do about glass block/privacy windows on the new QUESTION: building? We have not thought that far ahead. Right now all we are proposing is a concept. RESPONSE: We will be coming back at a later date with a more detailed site plan. Why don’t you build to the existing grade and take parking underground? QUESTION: We can’t justify underground parking. It doesn’t make the project feasible. RESPONSE: What about lighting? QUESTION: Parking lighting is low level, down cast lighting. RESPONSE: What hours will the new building be open? QUESTION: Unsure, but probably from 7 am to 7 pm. RESPONSE: I’m concerned about potential uses in the new building. QUESTION: Willing to limit uses to medical office uses only. RESPONSE: What about security? The back parking lot will be too far from the visibility QUESTION: of police and people driving by. The hospital has 24 hour security. If necessary, we can put cameras on light RESPONSE: poles. If you are not ready to move forward with this project, why are you QUESTION: replatting? We wouldn’t be replatting if we didn’t have a Tarrant County tax issue. RESPONSE: What is the total height of the proposed building? QUESTION: 35 feet. RESPONSE: Are you willing to add specific hours to the building as part of the zoning? QUESTION: Can’t commit to that tonight. RESPONSE: Case No. Attachment H ZA07-146 Page 2 Will there be a fence at the rear property line? QUESTION: We don’t plan to do that. RESPONSE: Tree preservation on the site. DISCUSSION: A paper was passed around for names and emails of anyone interested in meeting with the applicant on-site to discuss tree preservation, landscaping, and other issues. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment H ZA07-146 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-558 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 J ZA07-146 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 J ZA07-146 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 J ZA07-146 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 J ZA07-146 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 J ZA07-146 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 J ZA07-146 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 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ Case No. Attachment J ZA07-146 Page 7 ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment J ZA07-146 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 J ZA07-146 Page 9 EXHIBIT “B” “S-P-2” Letter Case No. Attachment J ZA07-146 Page 10 Case No. Attachment J ZA07-146 Page 11 Case No. Attachment J ZA07-146 Page 12 Concept Plan Case No. Attachment J ZA07-146 Page 13 Case No. Attachment J ZA07-146 Page 14 Landscape Plan Case No. Attachment J ZA07-146 Page 15 Tree Conservation Plan Case No. Attachment J ZA07-146 Page 16 Retaining Wall Concepts Case No. Attachment J ZA07-146 Page 17