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Item 6ACity of Southlake Department of Planning & Development Services S T A F F R E P O R T June 13, 2007 ZA07-030 CASE NO: Zoning Change and Site Plan for Shady Oaks Offices PROJECT: REQUEST: On behalf of Wyndham Properties, Blake Architects is requesting approval of a zoning change from "S-P-1" Detailed Site Plan District to "S-P-1" Detailed Site Plan District with "O-1" Office District uses. The plan proposes to do the following:  Revise the "S-P-1" zoning and development regulations as follows: Allow a four (4) foot side yard setback on Lot 11; o Modify the parking ratio from 1 space per 246 square feet to 1 parking o space per 283 square feet of professional office space; Revise the number of covered parking from 33 spaces to 25 spaces; o Allow for the drive-thru element for a bank; o  Provide architectural elevations for the proposed 9,525 square foot office/bank building 'D';  Revise the site plan to include a landscape gazebo behind the existing office building 'B'.  Revise the carport design to allow a metal roof within the trellis element. The following variances were approved with the previous zoning change request:  Driveway Spacing – The required driveway spacing from an intersection and between drives is 500 feet on W. Southlake Boulevard. The proposed drive is approximately 254 feet from Shady Oaks Drive and approximately 375 feet from the nearest drive to the west.  Driveway Stacking – The required stacking depth for this site is 75 feet for each drive. A stacking depth of approximately 44 feet is requested for the drive on W. Southlake Boulevard and a stacking depth of approximately 39 feet is requested for the drive on Shady Oaks Drive.  Driveway Prohibited – Commercial, multi-family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. The applicant is requesting a drive on Shady Oaks Drive. Case No. ZA 07-030 At the June 5 City Council meeting the following conditions were approved: Item Comments Subject to P & Z recommendations Plan was revised following P & Z. 1. Eliminating bank carports New plan has not been received. 2. Add berms along Shady Oaks New plan has not been received. 3. Provide more detail landscape details New plan has not been received. A presentation is expected 4. at City Council. Ensure mechanical equipment is screened from New plan has not been received. 5. FM 1709 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 4, dated May 30, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-445a (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA 07-030 BACKGROUND INFORMATION OWNER: Wyndham Properties APPLICANT: Blake Architects PROPERTY SITUATION: The property is located at 600 - 660 W. Southlake Boulevard, being the northwest corner at the intersection of Shady Oaks Drive and W. Southlake Boulevard. LEGAL DESCRIPTION: Lots 9 - 12, L.B.G. Hall No. 686 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S-P-1" Detailed Site Plan District REQUESTED ZONING: "S-P-1" Detailed Site Plan District HISTORY: September 7, 2004 City Council a zoning change and site plan for “S-P-1” detailed site plan district allowing three buildings, one pad site and 33 carports and a 4 lot plat showing. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends W. Southlake Boulevard to be an arterial street with 130 feet of right-of-way and Shady Oaks Drive to be a 2- lane, undivided collector street with 64 feet of right-of-way. Adequate right-of- way exists for both these roadways. Existing Area Road Network and Conditions The site has one (1) access directly on to W. Southlake Boulevard (F.M. 1709) and one (1) access onto Shady Oaks Drive. West Southlake Boulevard is currently a 7-lane, undivided roadway with a continuous, two-way, center left-turn lane. Shady Oaks Drive is currently a 2-lane, undivided roadway that has been expanded to a 3-lane, undivided roadway with a left-turn lane at the intersection with W. Southlake Boulevard. Case No. Attachment A ZA 07-030 Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Professional Office 30,111 328 41 6 8 37 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Blvd. PATHWAYS MASTER PLAN: An on-road bike path is planned for Shady Oaks Drive. An 8-foot, paved multi- use trail is required on the north side of W. Southlake Boulevard. The trail has been constructed and is depicted on the site plan. WATER & SEWER: A 12-inch water line currently exists along the west side of Shady Oaks Drive. The site extended an 8” sanitary sewer line to connect to an existing line on the west side of Shady Oaks Drive. DRAINAGE ANALYSIS: Drainage from this site is generally to the south and to the southeast into the existing storm drain system in Southlake Blvd. and Shady Oaks. TREE PRESERVATION: The applicant is proposing to preserve three (3) existing Post Oak trees in the southeast corner of the lot and two (2) existing Post Oaks within a landscape median in the north middle portion of the property. P&Z ACTION: May 3, 2007; Approved to table on consent (5-0) until May 17, 2007. May 17, 2007; Approved (4-1) subject to Revised Site Plan Review Summary No. 3, dated May 17, 2007; specifically not approving the sidewalk waiver; changing the west exit to an emergency exit only and allowing the applicant to add a door on the north elevation; removing the 13 carport spaces in the center of the development as indicated by the applicant; allowing the applicant to add non-reflective metal on the carports for shelter with appropriate screening and trim; and, requiring the applicant to add lattice work to the ends of the carports. COUNCIL ACTION: June 5, 2007; Approved first reading (7-0) subject to Site Plan Review Summary No. 4, dated May 30, 2007; the recommendations made by the Planning and Zoning Commission; removing bank carport; berming and landscaping along Shady Oaks; provide more detail on landscaping along Shady Oaks at second reading; and screening a/c equipment along FM 1709. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated May 30, 2007. N:\Community Development\MEMO\2007cases\07-030ZSP.doc Case No. Attachment A ZA 07-030 Page 2 Case No. Attachment B ZA 07-030 Page 1 Previously Approved Site Plan Case No. Attachment C ZA 07-030 Page 1 Previously Approved Building Elevations (Buildings A & B) Case No. Attachment C ZA 07-030 Page 2 Previously Approved Building Elevations (Building C) Case No. Attachment C ZA 07-030 Page 3 Proposed "S-P-1" Letter Case No. Attachment C ZA 07-030 Page 4 Case No. Attachment C ZA 07-030 Page 5 Revised Site Plan Case No. Attachment C ZA 07-030 Page 6 Proposed Building Elevations (Building D) Case No. Attachment C ZA 07-030 Page 7 Tree Conservation Plan Case No. Attachment C ZA 07-030 Page 8 Landscape Plan Case No. Attachment C ZA 07-030 Page 9 SITE PLAN REVIEW SUMMARY ZA07-030Four05/30/07 Case No.: Review No.: Date of Review: Zoning / Site Plan Project Name: - Shady Oaks Offices APPLICANT: Wyndham Properties ARCHITECT: Blake Architects Terry Wilkinson Skip Blake 751 E. Southlake Blvd, Suite 130 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 329-4599 Phone: (817) 488-9397 Fax: (817) 488-2420 Fax: (817) 251-3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/29/07 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 BEN BRYNER AT (817) 748-8602. * We find the applicant has met all the requirements of our previous reviews. INFORMATIONAL COMMENTS * 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 proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "O-1" Zoning District. The impervious coverage area percentage of this is approximately 54%. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment D ZA 07-030 Page 1 Case No Review No.Dated: Number of Pages: . 07-030 Three May 30, 2007 1 Project Name: Shady Oaks Offices (Site Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on April 16, 2007 . 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. =========================================================================== LANDSCAPE SUMMARY CHARTS: 1. The required interior landscape area square footage shown in the interior landscape summary chart is incorrect. Based on 50% of the proposed building footprint, the required interior landscape area is 5,220 square feet. Please adjust the interior landscape area and plant material calculations within the interior landscape summary chart as for the proposed phase of development. TREE CONSERVATION COMMENTS: 1. The applicant is proposing to preserve three (3) existing Post Oak trees in the southeast corner of the lot and two (2) existing Post Oaks within a landscape median in the north middle portion of the property. 2. Please be aware that all trees shown to remain and be preserved on an approved Tree Conservation must Plan not be altered, be protected during construction and be in a healthy growing condition at the time of final inspection for a Certificate of Occupancy. Alteration of any protected trees and failure to properly protect them during construction is considered a criminal offense and a civil offense through city Ordinance 585-C. Failure to abide by these regulation will result in the issuance of citations and mitigation of the altered trees. Case No. Attachment D ZA 07-030 Page 2 Case No. ZA07-030 Review No. 3 Dated: 5/30/07 Number of Pages: 1 Project Name: Shady Oaks Offices Building ‘D’ -- Site 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 4/18/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * Provide all necessary easements for water, sanitary sewer and drainage. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: * 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 D ZA 07-030 Page 3 Surrounding Property Owners Shady Oaks Offices 15 SPO # Owner Zoning Land Use Acreage 1. Medium Density Residential Haynie Partners Ltd O1 1.012 2. Medium Density Residential Southlake Ventures SP2 2.889 3. Office Commercial Wyndham Properties Ltd SP1 1.141 4. Office Commercial Wyndham Properties Ltd SP1 1.015 5. Office Commercial Wyndham Properties Ltd SP1 1.096 6. Office Commercial Wyndham Properties Ltd SP1 0.859 7. Low Density Residential Fountain Five Zero Two Tr AG 9.956 8. Retail Commercial Cfh Realty Iii/500 Southlake C2 2.559 9. Medium Density Residential Smith, Stephen E Etux Susan K RPUD 0.351 10.Medium Density Residential Watson, Richard Ray RPUD 0.542 11.Medium Density Residential Hale, Coavert T Etux Julie G RPUD 0.501 12.Medium Density Residential Callahan, Karen Lynne RPUD 0.491 13.Medium Density Residential Majhor, Faith Etvir William R RPUD 0.416 14.Public Parks/ Open Space Southlake, City Of CS 8.147 15.Medium Density Residential Southlake, City Of AG 13.861 Case No. Attachment E ZA 07-030 Page 1 Surrounding Property Owner Responses Shady Oaks Offices Notices Sent: Fifteen (15). Responses Receive: Zero (0). Case No. Attachment F ZA 07-030 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-445a 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 LOTS 9 - 12, L.B.G. HALL NO. 686 ADDITION; AND BEING 4.008 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED 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-1” Detailed Site Plan District With “O-1” Office District uses under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA07-030 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 their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning Case No. Attachment G ZA07-030 Page 2 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 Lots 9 - 12, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet 'A', Slide 10111, Plat Records, Tarrant County, Texas, and being approximately 4.008 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed 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 ZA07-030 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. 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 Case No. Attachment G ZA07-030 Page 4 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 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 ZA07-030 Page 5 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 ________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the __ day of ________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA07-030 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-030 Page 7 EXHIBIT “A” Being Lots 9 - 12, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet 'A', Slide 10111, Plat Records, Tarrant County, Texas, being approximately 4.008 acres. Case No. Attachment G ZA07-030 Page 8 EXHIBIT “B” Case No. Attachment G ZA07-030 Page 9 Case No. Attachment G ZA07-030 Page 10 Revised Site Plan Case No. Attachment G ZA07-030 Page 11 Proposed Building Elevations (Building D) Case No. Attachment G ZA07-030 Page 12 Tree Conservation Plan Case No. Attachment G ZA07-030 Page 13 Landscape Plan Case No. Attachment G ZA07-030 Page 14