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Item 7ACity of Southlake Department of Planning STAFF REPORT September 27, 2006 CASE NO: ZA06 -088 PROJECT: Zoning Change and Concept Plan for Lot 4R, Block 1, Miron Subdivision — urouosed Miron Grove Business Park REQUEST: On behalf of Southlake 1709 Joint Venture, Realty Capital are requesting approval of a zoning change and concept plan from "S -P -2" Generalized Site Plan District to "S -P -2" Generalized Site Plan District with "O -1" Office District uses. The plan proposes the development of approximately 44,045 square feet for general and medical office uses on approximately 4.82 acres. No variances are being requested. The uses and regulations proposed under the "S -P -2" zoning are as follows: • "O -1" Office District uses and development regulations • Parking — The required number of parking spaces shall be 207 spaces, or equal to a 5% reduction in the required number of parking spaces • Carports — Carports shall be a permitted accessory use as shown on the concept plan. The following modifications are proposed to the development regulations specific to carports: • The roof design shall be a low pitch shed roof • The maximum number of parking spaces under a carport shall be 10 spaces • A total number of 8 carport structures shall be permitted The concept plan indicates a common access easement along the northern boundary of the City's Miron water tower site. As proposed, this easement will provide connectivity to the north -south access easement on the Harris Methodist hospital site to the west. This increased connectivity would provide access to the traffic light located at Southlake Boulevard and Central Avenue. Such an access would benefit the city in two major ways: (1) It would improve access and safety for the city's public works and maintenance crews from and to the Miron water tower site; and (2) It would improve safety and traffic flow on Southlake Boulevard by providing access to a traffic light for west -bound traffic movements on Southlake Boulevard from Miron Drive through this access easement. In addition, it would meet the City's goals of improving mobility along our major corridors by increasing connectivity between developments. The proposed access easement would also limit the intersection points along the existing easement on the Harris Methodist hospital site, thus improving safety. Case No. ZA 06 -088 The approval of the proposed concept plan is subject to City Council approval and execution of a common access easement located along the northern boundary of the City's water tower site and extending it to the west boundary line. Easement History: On April 24, 1996 Texas National Bank deeded to Martin Schelling as Trustee 9.581 acres out of the 11.081 acres in the Miron subdivision. The remaining 1.5 acres was donated to the City of Southlake for a water tower site. The compensation for the donation was the extension of sanitary sewer and water utilities into the Miron subdivision which were subsequently constructed by the City of Southlake in 1997. In late 1996, Martin Schelling dedicated a 15' wide utility easement on the west property line of the Miron subdivision to the City of Southlake for the transmission line to serve the water tower. In June 1997, a Plat Revision was approved for the Miron subdivision and included on Lot 4R, Block 1 was a 24' wide cross access easement connecting the water tower site to Miron Drive. The cross access easement was provided at the time of plat approval. At the first reading at City Council on June 20, 2006, City Council required the following: Item Documents Required at 2" Readin Yes/No Provided/Not Provided 1. Noting the applicant will bring a Yes Provided with the site plan landscape plan back with all site plans (ZA06 -089). Detention for Council approval; area plan will be presented at the meeting. 2. Requiring the carports to be Yes Elevations are included. A considered with the site plan; color rendering will be presented at the meeting. 3. Underground detention pond will be No Will be a condition of the built within three years of approval or zoning if approved. they must come back to Council; 4. Requiring maintenance of the No Will be a condition of the underground detention pond to be the zoning if approved. responsibility of the owner or the Home Owner's Association; The following changes have been made to the concept plan from last City Council meeting: • An adjustment in the limits of phase 1 to include two (2) additional buildings (buildings 9 & 10) • Revised elevations for the proposed carport structures Case No. ZA 06 -088 ACTION NEEDED: 1. Conduct public hearing ATTACHMENTS STAFF CONTACT 2. Consider second reading of zoning change and concept plan approval (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated September 27, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -500 (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 06 -088 BACKGROUND INFORMATION OWNER: Southlake 1709 Joint Venture APPLICANT: Realty Capital PROPERTY SITUATION: 300 Miron Drive LEGAL DESCRIPTION: Lot 4R, Block 1, Miron Subdivision LAND USE CATEGORY: Office Commercial CURRENT ZONING REQUESTED ZONING HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA 06 -088 "S -P -2" Generalized Site Plan District "S -P -2" Generalized Site Plan District -A change of zoning to "S -P -2" was approved by City Council on May 5, 1992. -City Council approved a plat revision for Miron Addition on June 3, 1997. Master Thoroughfare Plan The Master Thoroughfare Plan does not make any recommendations for Miron Drive. Miron Drive intersects with E. Southlake Boulevard to the north of the proposed development. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly onto Miron Drive and two (2) accesses onto a common access easement that accesses directly onto N iron Drive. A common access easement is also proposed to extend into the property to the west providing access to the traffic signal at Central Avenue. Mixon Drive is a local commercial cul -de -sac street serving 11 lots. The intersection with E. Southlake Boulevard does not have a traffic signal. No traffic counts are available for Miron Drive. May, 2005 traffic counts on F.M. 1709 (between Carroll Avenue and Kimball Avenue): 24hr West Bound (WB) (26,724) East Bound (EB) (20,584) WB Peak A.M. (1,663) 11:15 -12:15 a.m. Peak P.M. (2,427) 4:45 - 5:45 p.m. EB Peak A.M. (1,778) 7 - 8 a.m. Peak P.M. (1,445) 12:30 -1:30 p.m. Attachment A Page 1 Traffic Ini»act PATHWAYS MASTER PLAN: WATER & SEWER Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Medical Office 19,820 716 39 10 20 53 General Office 24,225 267 33 5 6 30 Total 44,045 983 72 15 26 83 *Vehicle Trips Per Day *The AN"M times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard E. Southlake Boulevard near Kimball Avenue carries approximately 47,308 vehicles. The site will generate approximately 87 vehicular trips during the A.M. rush and approximately 109 vehicular trips during the P.M. rush. The Southlake Pathways Master Plan does not recommend any sidewalks or trails adjacent to this site. An 8" water line exists along the east side of Miron Drive. A 6" sanitary sewer line exists along the west side of Miron Drive. TREE PRESERVATION: Some of the trees shown to be preserved on the site are within areas that are shown to have extensive grade changes and /or excavation. Trees such as 1059 and 1060 are within the proposed storm sewer line and a storm inlet is proposed in the place of tree 607. Others are on the edge or within pavement of parking, sidewalks and curbs. Please coordinate with the project Civil Engineer to design the location of the drainage and utilities to preserve tree as shown on the submitted plans. DRAINAGE ANALYSIS: Drainage within this development will be directed into proposed curb inlets which will convey storm water into a proposed detention at the northern boundary of the site. SOUTHLAKE 2025: Land Use Plan Recommendations The land use designation is Office Commercial. The proposed development is consistent with this designation. Environmental Resource Protection Recommendations Preserve trees to the maximum extent feasible. Clearly indicate which trees will be removed and which will be saved on the Tree Preservation Plan. P &Z ACTION: July 6, 2006; Approved (5 -0) subject to Concept Plan Review Summary No. 2, dated June 30, 2006; and granting the requested uses and regulations as presented. Case No. Attachment A ZA 06 -088 Page 2 COUNCIL ACTION: July 18, 2006; Approved (5 -0) to table until August 1, 2006. August 1, 2006; Approved first reading (7 -0) subject to Concept Plan Review Summary No. 2, dated June 30, 2006; • subject to the recommendations of the Planning and Zoning Commission; • noting the applicant will bring a landscape plan back with all site plans for Council approval; • requiring the carports to be considered with the site plan; • underground detention pond will be built within three years of approval or they must come back to Council; • requiring maintenance of the underground detention pond to be the responsibility of the owner or the Home Owner's Association; • and, subject to staff review of the drainage issues presented in a letter from Ernest Taylor. August 15, 2006; Approved to table until September 19, 2006. September 19, 2006; Approved to table until October 3, 2006. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated September 27, 2006. N: \Connnunity Development \MEMO \2006cases \06- 088ZCP.doc Case No. Attachment A ZA 06 -088 Page 3 Vicinity Map Miron Grove Business Park NORTHWESTPI Wy EAST Is Case No. Attachment B ZA 06 -088 Page 1 1444 4 1444 2444 3444 Feet J. WRIGHT & ASSOCIATES, INC. OFFICE: 817/268 555 MJW @MJWRIGHT.COM FAX: 817 /268.5558 WWW, MJWRIGHT.COM Mir Grove Bu i ness Park ro se ___P ermitted To & Develop Regnlati for'�� P -2�� Z__ on Permitted Uses This property shall be limited to the permitted uses as found in the "O -V Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Develop nyn RegLlation This property shall be subject to the development regulations for the "O -V Office District, and all other applicable regulations with the following exceptions: PArkkh Parking as regulated by Section 35, Item 6b &6d of the Comprehensive Zoning Ordinance No. 480, as amended. - Item 6 states that Office, Professional or Financial Uses: for all categories listed under this heading, minimum of eight spaces shall be provided for the first 1000 sq. ft. the following requirements pertain the remaining pertain to the remaining square footage: (As amended by Ordinance No 480 -C) - 6b states that Doctor's Offices and Medical Clinics: 1 space per each 150 square feet of floor area. - 6d states that Offices, General: 1 space per each 300 square feet of floor area. Variance Re Aluesft A 5 % reduction of the required parking, as calculated on the site data table at 45% Medical Office (item 6b) and 55% Professional Offices (item 6d). The site is required to have 130 parking spaces (45% Medical Office) 80 parking spaces (55% Professional Office) + 8 parking spaces for the (first 100 sq. ft 218 parking spaces required The site provides 115 parking spaces 84 parking spaces + 8 parking spaces 207 parking spaces provided - 207 parking spaces provided 11 parking spaces divided by 223 required parking spaces .050 or 5% parking space reduction ca<riz Xts Carports are allowed in the "O -V Office District zoning with the approval of a Specific Use Permit and in compliance with section 45.11 of the Zoning ordinance. - All carports shall comply with the 14' maximum building height for all detached carports. - All carports shall comply with similar exterior facades as the host building. - All carports shall comply with all- weather surfaces for parking below. Variance—nce ge, -uests - We request a variance on carport design of roof from the pitch and construction to a low pitch shed roof design so as not to take away from the design of the main structure. - We request a variance on structure design maximum number of spaces to allow for up to 10 parking spaces - We request a variance on carport design maximum number of structures to allow one carport per each building so as to provide each building with covered parking amenities. * * * EUD JUN 19 2000 ZA0 -088 Case No. ZA 06 -088 Attachment C Page 1 o � 00 I 1"r 1"r b � va ,� f ...o:...,..., 3LOCJ': l 504301 "_ 200.31' _ Asa I'IfRON AGI"�I IIGN © -�. I !� �95225'E 30e .� ,w� 125e Q Pl �.�_ 6UEeERY�3 s�1. -'.R.TGT. I� 15 S Q z — Sara LOT 2A, BLOGY. I GoReurr �I ADDI 10 VOL f PG 1 �x RTC0 T. K p la9EIWE 14484' U e P 9 F s Q(GAL EG 589 x812 E 14 00 1 ) 15 swt 51 p $ Bii2ls & rBLDG 5 994917E 16583 Q 1 CA LED b8-53 23 E IT '��i, I "_- =..K. 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C_ Case No. Attachment C ZA 06 -088 Page 10 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA06 -088 Review No.: Three Date of Review: 09/27/06 Project Name: Concept Plan — Miron Grove Business Park APPLICANT: Wilson & Stonaker, LLC ENGINEER: SD Engineering, Inc. William E. Stonaker 325 Miron Court, Suite 110 Southlake, TX 76092 Phone: (817) 329 -2929 x14 Fax: (817) 329 -2996 P.O. Box 1357 Aledo, TX 76008 Phone: (817) 441 -6400 Fax: (817) 441 -6085 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/26/06 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 KILLOUGHAT (817) 748 -8072 ORBENBRYNERAT (817) 748 -8602. 1. Verify the square footage calculation for the total impervious coverage. Staff calculates a square footage of 132, 616 sq. ft. Impervious coverage includes all buildigggs, parking, drive lanes, and sides calks. 2. Correct the Tree Conservation Analysis plan to accurately identify which trees are planned to be saved and which are planned to be removed. Refer to the Landscape Administrators comments. This plan is subject to City Council approval and execution of a common access easement and agreement for access to, use of, and extension of the common access easement located off the south boundary. Due to the "S -P -2" zoning being requested, all buildings will require a site plan approved by P &Z Commission and City Council. A site plan for buildings 5, 6, & 11 has been submitted and will be presented concurrently with the zoning & concept plan. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. Case No. Attachment D ZA 06 -088 Page 1 Trees will be preserved per the Tree Conservation Analysis plan. Any trees removed that are shown for preservation on the adopted Tree Conservation Analysis plan shall be mitigated per City Ordinance. * 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 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. * A portion of 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 IL 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 prior to issuance of a building permit. Note that these issues are only the major areas of site plan 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 §43.131 and §43.13j, Ordinance 480, as amended. • 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. ZA 06 -088 Attachment D Page 2 Case No. 06 -088 Review No. _ Three _ Dated: September 27, 2006 Number of Pages: 1 Project Name: Mixon Grove Business Park (Zoning & Concept Plan) Comments due to the Planning Department: June 29, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on June 19, 2006 . 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. Are the bufferyards correctly shown and labeled? * Yes. Does the plan meet the interior landscape requirements? * Yes. Does the plan meet the parking lot landscaping requirements? * Yes. Are the parking /bufferyard /landscaping summary charts correct? * Yes. Is a Tree Conservation Analysis or Tree Conservation Plan required? * A Tree Conservation Plan was submitted. TREE CONSERVATION COMMENTS: 1. Some of the trees shown to be preserved on the site are within areas that are shown to have extensive grade changes and /or excavation. Trees such as 1059 and 1060 are within the proposed storm sewer line and a storm inlet is proposed in the place of tree 607. Others are on the edge or within pavement of parking, sidewalks and curbs. Please coordinate with the project Civil Engineer to design the location of the drainage and utilities to preserve tree as shown on the submitted plans. Case No. Attachment D ZA 06 -088 Page 3 Surrounding Property Owners Miron Grove Business Park 13 3 14 4 2 5 D � 12 O Z 6 11 10 $ 9 Owner Zoning Land Use Acreage 1. Cambridge 114 Inc S -P -2 Office Commercial 12.622 2. Taylor, Earnest E Jr 0-1 Office Commercial 1.522 3. Miron, Gary A & Janice L C -2 Office Commercial 0.51 4. Art of Long Driving Inc B -1 Office Commercial 0.603 5. Ewan, David B -1 Office Commercial 0.499 6. Mullins & White Properties Inc B -1 Office Commercial 0.749 7. Wetrich Realty LP B -1 Office Commercial 0.689 8. Rocky Mountain Holdings LLC S -1 Office Commercial 0.961 9. March Investments LP B -1 Office Commercial 0.73 10. Dallas SMSA Tower Holdings B -1 Office Commercial 0.924 11. City of Southlake 13. Z & E Land LLC CS S -1 Public / Semi - Public Office Commercial 1.5 1.03 14. Bruton, Paul R & Doreen S -P -2 Office Commercial 1.0 Case No. ZA 06 -088 Attachment E Page 1 Surrounding Property Owner Responses Miron Grove Business Park Notices Sent: Thirteen (13) Responses Received: One (1) Earnest E. Taylor, 1507 E. Southlake Blvd (SPO # 2), filed a letter in opposition to the development on July 6, 2006. Case No. ZA 06 -088 Attachment F Page 1 July 5, 2006 Planning and Zoning Commission City of Southlake, Texas 1400 Main Street Southlake, TX [6-1 FE Re: Site Plan for Grove Business Park, Phase One Portions of Lot 4R, Block 1, Marion Subdivision Southlake, TX Dear Planning and Zoning Commission, I own the property immediately north of the proposed development, which I understand was submitted to the Planning and Zoning Commission for rezoning approval. My property is located within 200 feet of the proposed development that is the subject of Case No. ZA06 -089. I received notification of the proposed development from you by mail with a letter size site plan copy. Based on the site plan submitted, I object to the proposed development based on the following: 1. The proposed development will destroy the present terrain conditions resulting in the loss of existing vegetation on subject property that presently restricts the amount of water run -off at this time. The proposed site plant submitted to me does not take into account the fact that the proposed development will no longer retain the run -off water, resulting in a large quantity of additional water run -off from the subdivision property that could drain onto my property. The proposed project should include on -site drainage to collect all of the water run -off generated in the project and discharge it underground. 2. The proposed development does not indicate that a barrier will be constructed between my property and the development. I have experienced problems in the past that occurred during the construction of the hospital located to the west of my property. The construction of the hospital did not include a fence between my property and the hospital, but rather my existing fence became the barrier. My fence was damaged during the construction of the hospital, which I reported to the construction superintendent who assured me that he would see that it was repaired. This was not done and the damage to the fence still exists. I strongly feel that a masonry fence should be constructed by the proposed development, to protect and to prevent any damage to my property. In addition, the barrier should provide privacy and sound mitigation to the development and to my property. 3. The proposed development will result in the creation of a large number of available automobile parking spaces, which logically will result in a large volume of traffic exiting onto Southlake Blvd. I understand that there will be a proposed street access from the proposed development which would allow future vehicle traffic to travel through my property to Southlake Blvd. causing Page I of 2 Case No. ZA 06 -088 Attachment F Page 2 July 5, 2006 problems with the development of my property and probably reduce the value and enjoyment of my property. I feel that the proposed development should be modified to prevent the problems that could impact the use of my property. It may be necessary to make additional objections regarding this development as information becomes available. Very truly ours RECD J U L. 0 6 2006 A ; Earnest E. Tayl r, Jr. 1507 E. Southlake Blvd. Southlake, TX 76092 Phone: 817-481-1974 Fax: 817-488-1653 Page 2 of 2 Case No. ZA 06 -088 Attachment F Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -500 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 4R, BLOCK 1, MIRON SUBDIVISION, AND BEING APPROXIMATELY 4.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, 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 authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan, and WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Plan District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA06 -088 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 ZA06 -088 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 Lot 4R, Block 1, Miron Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3 90 1, Plat Records, Tarrant County, Texas, and being approximately 4.82 acres, and more fully and completely described in Exhibit "A" from "S -P -2" Generalized Site Plan District to "S -P -2" Generalized Site Plan District with "O -1" Office District uses 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. Case No. Attachment G ZA06 -088 Page 3 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 of those ordinances are in direct conflict with the provisions of this ordinance. Case No. Attachment G ZA06 -088 Page 4 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. SECTION 10. Case No. ZA06 -088 Attachment G Page 5 This ordinance shall be in hill 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 MAYOR ATTEST: day of , 2006. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA06 -088 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -088 Attachment G Page 7 EXHIBIT "A" Being Lot 4R, Block 1, Miron Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901, Plat Records, Tarrant County, Texas, and being approximately 4.82 acres. Case No. ZA06 -088 Attachment G Page 8 EXHIBIT `B" M. J. WRIGHT & A SSOCIATES, INC. 601 W. HARWOOD ROAD HURST TX 76054.3161 OFFICE: 817/268.5555 MJW@MJWRIGHT.COM FAX: 817/268.5558 WWW.MJWRIGHT.COM Miron Grove Susines� par Prop osed Perm Use & Dc R egulations f "S -P -2" Z Pe' rulitteJAISC S This property shall be limited to the permitted uses as found in the "O -1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Rlaegu___tions This property shall be subject to the development regulations for the "O -1" Office District, and all other applicable regulations with the following exceptions: PArkLi Parking as regulated by Section 35, Item 6b &6d of the Comprehensive Zoning Ordinance No. 480, as amended. - Item 6 states that Office, Professional or Financial Uses: for all categories listed under this heading, minimum of eight spaces shall be provided for the first 1000 sq. ft. the following requirements pertain the remaining pertain to the remaining square footage: (As amended by Ordinance No 480 -C) - 6b states that Doctor's Offices and Medical Clinics: 1 space per each 150 square feet of floor area. - 6d states that Offices, General: 1 space per each 300 square feet of floor area. Valrl Regluestc A 5% reduction of the required parking, as calculated on the site data table at 45% Medical Office (item 6b) and 55% Professional Offices (item 6d). The site is required to have 130 parking spaces (45% Medical Office) 80 parking spaces (55% Professional Office) + 8 parking spaces for the (first 100 sa. ft 218 parking spaces required The site provides 115 parking spaces 84 parking spaces + 8 parking spaces 207 parking spaces provided - 207 parking spaces provided 11 parking spaces divided by 223 required parking spaces .050 or 5% parking space reduction CaMO Carports are allowed in the "O -1" Office District zoning with the approval of a Specific Use Permit and in compliance with section 4511 of the Zoning ordinance. - All carports shall comply with the 14' maximum building height for all detached carports. - All carports shall comply with similar exterior facades as the host building. - All carports shall comply with all- weather surfaces for parking below. Varia Regi a tc - We request a variance on carport design of roof from the pitch and construction to a low pitch shed roof design so as not to take away from the design of the main structure. - We request a variance on structure design maximum number of spaces to allow for up to 10 parking spaces - We request a variance on carport design maximum number of structures to allow one carport per each building so as to provide each building with covered parking amenities. * * * REUD JUN 19 2000 Case No. ZA06 -088 Attachment G Page 9 o 0 c ao I 1"r 1"r A b � va � 11 _� L I h - - -I - _ o,� .� 1 i� 1 RaNai n � •� POStD 61 � I - �E DELTA I 2'06' (CALLED �— IS50 54') t " ..6 Q: 00,43' 1 52.19 (C'ALLED 52 -12') Lc=so34442'W f a 5202 �/ TY MA i2� SY i a .56 e 9 azmJ 517E DATA Eul'Tr1ARY _ � r 5 - - ±qqp d �g e gyy� �j pE — o �I BLOCK I `v99iv301 "_ 2 ©8.31' GAB. A `IIRON D ADDITION 0 lC a�95229E 2?J0 -.OJ . U DE 0 5 P.RTG T. ji F A'AC - 4 { _ 15 SIDE B I W' f GT 2A BLOCK 1 Q GGRBJTT h - .cx.oicF c ,e ADDITION 0 VOL ?98 205 °RTGT. "� ex�acK CCUete sH951'IlE 1 1 4.64 Y M(CALLED 589 8 {E I 00 i kr.,�v lu f Ir SI,,E ERY�"'S�27Y�P A J ELiLDCxp - ' 15 Slut rsL (35WPJ ;� j0 \co azfr en _ ce cE =E�-e O MB: LDGM9 %. 1 3 i- 6 9949'1 I ° E 16983 — fCALLED 1 o ° NU , y n °N N m n a1 I IZ1 ����PStrr9 «Ifl � - � 'L110 SITE DATA TABLE O p 12 o 25 a z I a I I DELTA 15 iyr3ti R -50.2 -- i 2 2' 6' gIIFFE' -liaaro 4' R =15ID0' ' `y3�9 G 6 per.+.e..w m.wrww wvm _� u u 64 °i I 1 ry I'P� lill IIIIIIIIII it I I �o , .._ Q� CASE NUMBER ZAB6 -88 C � ��'sTo Ef;'0 JUN 1 9 2006 o G� o I OONTROL LINE) 24'COMMON ACCESS EASEMENT L ANDSCAPE FR7CT I ceRPORrs ------ JH L- -L DIELTAtI5 5."Oe' (GALLED 15 50 ') - -.-- 1 L1,51 r :. .". L ,� Eo S, 1, . 5,0" VICINITY MAP SITE DATA SUMMARY III II 9 — 11 M a LE 11 L-W E -Tl' V -4 - u won =ac crxmn I 517E DATA TABLE el i 0 W � L - J2�� . CASE NUMBER Z r, CI -- --------- 0EE J U N 1 9 2006 PROPOSED CARPORT ELEVATIONS �- SWIt 0 6:12- "54& Case No. Attachment G ZA06 -088 Page 12 Case No. Attachment G ZA06 -088 Page 13 ii rsn a ereic -r•a ■Mrri�yri 9 YRY9 ii L. 5 F -1 M. F—Imp r all i Ii .3 �a z LL LL Q_. f 6L 'r`y,'l71 } r s - � t. �9k Ji Case No. Attachment G ZA06 -088 Page 14 rsn a ereic -r•a ■Mrri�yri L. 5 F -1 M. F—Imp r all i Ii .3 �a z LL LL Q_. f 6L 'r`y,'l71 } r s - � t. �9k Ji Case No. Attachment G ZA06 -088 Page 14