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Item 6A13 SOUTHLAKE CITY OF Department of Planning & Development Services STAFF REPORT December 1, 2010 CASE NO: ZA10 -054 PROJECT: Tower Plaza (FKA "Invitation Park" EXECUTIVE SUMMARY: A Zoning Change and Site Plan request to amend the existing "S -P -1" Detailed Site Plan District to allow for hospital uses and a revised building layout on 5.84 acres located on E. Southlake Blvd just west of Carroll Avenue. REQUEST DETAILS: On behalf of Visions Southwest, Sage Group, Inc. is requesting approval of a zoning change and site plan to revise the currently approved "S -P -1" zoning and site plan, which proposed two phases of office development totaling 90,000 square feet, north of the proposed Zena Rucker Road and South of E. Southlake Boulevard between S. Carroll Avenue and Byron Nelson Parkway. The currently approved plans allow for six, three story "brownstone" style office buildings intended for general /professional office uses and one common "clubhouse ". The proposed plan includes a three -story, 64,800 square foot medical center /hospital on the southern portion of the property and one two -story, 40,968 square foot office building along E. Southlake Blvd. The architectural style of the proposed buildings is similar to the style of the office buildings in the currently approved plans. The revised "S -P -1" zoning will follow the currently approved zoning allowing "C -3" uses with the following exceptions (additions /deletions from original zoning are listed): • Offices of a business and /or professional nature providing services not including fabrication, manufacture, or production of goods; • Any use permitted in the "0-1" Office District, except for radio recording and television broadcastina offices and studios: feet, • Financial institutions; • Health service facilities to include clinics, offices of dentists, doctors, and other practitioners of healing arts, licensed or similarly recognized under the laws of the state of Texas; offices for specialists and supporting health service fields, such as physical, audio and speech therapy, podiatry, and psychological testing and counseling; dental, medical, and optical laboratories; • Medical care facilities to include hospitals with their related facilities and suaaortive retail and Dersonal service uses oaerated by or under the control of Case No. ZA10 -054 the hospital primarily for the convenience of patients, staff and visitors. Such medical care facilities may involve patient related overnight stays. • No Residential Uses shall be allowed; including Assisted Living, Memory Care or Skilled Nursing residential facilities. • Under narking shall be permitted annessery as shown on the attanhed site t The following changes have been made to the zoning and site plan since first reading at City Council on November 2, 2010. Council Comment Revision Extend the sidewalk on the south side The sidewalk has been extended. of Building One east to the main sidewalk. Add some distinctive features to the The applicant will go over the added back of the hospital building facing features at the Council meeting. Zena Rucker Boulevard. No skilled nursing or memory care uses Item # 6 in the permitted uses has been shall be allowed as permitted uses. revised to exclude these uses. Provide irrigation and turf of the multi- A development regulation (# 10) stating tenant office building site until it is that turf and irrigation will be provided constructed. on the office building site if construction of the office building has not commenced within 6 months of the completion of horizontal improvements and the medical center building. Provide the ratio of stucco to brick on The applicant has verified that stucco is the office building. not being used on the office building. VARIANCE REQUESTED: Driveway stacking — The required minimum driveway stacking for Driveways "A" and "B" is 100 feet (Driveway Ordinance No. 634, Section 5.2.d.) The following are proposed: - Driveway `A' ±88 feet - Driveway `B' ±66 feet ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information - Link to PowerPoint Presentation (D) Site Plan Review Summary No. 3, dated November 30, 2010 (E) October 11, 2010 SPIN Meeting Report (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480 -549b (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748 -8067 Richard Schell (817) 748 -8602 Case No. ZA10 -054 BACKGROUND INFORMATION OWNER: Visions Southwest APPLICANT: Sage Group PROPERTY SITUATION: 821, 829 and 835 E. Southlake Boulevard LEGAL DESCRIPTION: Tracts 3B & 31301, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 LAND USE CATEGORY: Office Commercial C�l�J:7:7������7�llf•C 'ail(i�Z 11C�'[• %!"M emm REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: The structures on the property were built around 1960 (Source: TAD) The "C -3" General Commercial Zoning District designation was assigned to a portion of the properties with the adoption of Zoning Ordinance 480 in 1989. A zoning change & site plan under Planning Case ZA07 -124 and a Preliminary Plat under Planning Case ZA07 -125 were approved February 19, 2008 by City Council to develop approximately 90,000 square feet of professional office space and change the Zoning from "C -3" General Commercial Zoning District to "S -P -1" Detailed Site Plan District. A zoning change and site plan (ZA09 -059) to change the most northeast building (Building 3) to a Nursing College use and building and the two most southern office buildings (Previously Buildings 5 & 6, now Building 5) to a 90 -bed personal care /assisted living facility was withdrawn by the applicant. A zoning change site plan (ZA10 -041) that kept the layout and general /medical office use of the two northernmost buildings on the approved Invitation Park plan, but that proposed a three -story, 64,800 square foot medical center /hospital in place of the five other buildings, was denied by City Council on August 17, 2010. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard (FM 1709) to have 130 feet of right -of -way. Adequate right -of -way exists for this road; however the applicant proposes the dedication of twelve feet along FM 1709 for TxDOT R.O.W. and construction of a deceleration lane. The Master Thoroughfare Plan also recommends Zena Rucker Road at the southern boundary of this property. Zena Rucker Road is proposed to be a 2 -lane undivided collector with 60' R.O.W. The portions of Zena Rucker Road and the street running north -south Case No. Attachment A ZA10 -054 Page 1 shown on the site plan will be completed with this development. The roundabout at the intersection of Zena Rucker Road and the north -south street is to be constructed by others with development of the properties to the east and south. Existing Area Road Network and Conditions East Southlake Boulevard is a seven lane, undivided thoroughfare with a continuous, two -way, center left turn lane. April - May, 2009 traffic counts on E. Southlake Blvd (between Byron Nelson Pkwy & Carroll Ave) 24hr West Bound (WB) (24,495) East Bound (EB) (25,363) WB Peak A.M. (1,292) 11:15 — 12:15 Peak P.M. (2,754) 5:15 —6:15 EB Peak A.M. (2,633) 7:30 — 8:30 Peak P.M. (1,813) 3:15 —4:15 *Vehicle Trips Per Day * *The AM /PM times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard. The City of Southlake has recently undergone a study to determine the location and design for medians along Southlake Boulevard. A median opening with the potential for a traffic signal (when intersection traffic Traffic Impact Use Sq. Ft. Vtpd* AM -IN AM- OUT PM- IN PM_ OUT General Office 40,968 451 56 8 10 51 Medical Center/ Hospital 64,800 1 46 17 16 49 Total 105,768 1,532 102 25 26 100 Case No. Attachment A ZA10 -054 Page 2 PATHWAYS MASTER PLAN: A minimum 8' wide multi -use trail is required along East Southlake Boulevard and 5' sidewalks are required along all adjacent public streets. WATER & SEWER: A 12 -inch water line exists along the north side of East Southlake Boulevard. A 6 -inch sanitary sewer line also exists along the north side of E. Southlake Boulevard. TREE PRESERVATION: There are some trees shown to be preserved along the perimeter of the property. All but one tree in the center of the project is expected to be removed. The existing tree canopy cover on the site is shown to be 11 % and 70% of that area would typically be required to be preserved under the Tree Preservation Ordinance. Given that this is an S -P -1 zoning request, the tree conservation plan, including the tree canopy cover, is subject to City Council approval. The applicant has proposed a minimum 27% of existing canopy cover preservation in their S -P -1 regulations. 6"1911k 11:1 N =1111110*3 The proposed development is consistent with the "Office Commercial" future land use designation for this site. There are also site specific recommendations for this development under 9A and 9B of the South Side Area Plan of the City's Southlake 2025 Comprehensive Plan. The recommendations for the area under 9A are as follows: • Recommend connectivity through the site from Southlake Blvd. (to connect with Carroll Ave.) through any development to the south; • the site should be master - planned with 9b; • change the underlying land use designation from MD- Residential to Office Commercial with T -1 alternative designation up to future Rucker Rd.; and • 9a and 9b should be master - planned together. However, in limited cases, individual restaurant and other retail projects may be considered if these proposals are pedestrian oriented and cohesive with the surrounding development. 61 aI011JiIA=11I10IL9 Case No. ZA10 -054 Under 9B the recommendations are: • Recommend T -2 alternative designation to provide a transition from expected commercial development to the north and residential development to the south; • Should be master - planned with 9a; and • Recommend connectivity through the site. A SPIN meeting on this development was held on Monday, October 11, 2010 at 8:OOPM. The SPIN Meeting Report is included as Attachment "E" Attachment A Page 3 of this report. PLANNING AND ZONING COMMISSION: October 21, 2010; Approved (6 -0) granting the requested variance to driveway stacking and subject to Site Plan Review Summary No. 2, dated October 15, 2010. CITY COUNCIL: November 2, 2010; Approved (5 -2) on 1 St reading subject to applicant's agreement to extend the sidewalk on the south side of Building One east to the main sidewalk; noting Council's request that the applicant add some distinctive features to the back of the hospital building facing Zena Rucker Boulevard; stating that no residential uses or assisted living facility uses be allowed as permitted uses; stating that no skilled nursing or memory care uses be allowed as permitted uses; requiring the following wording to be added if the applicant should choose to utilize the Tarrant County bond funds that were previously approved for use on this tract of land and stating that the applicant shall place the following language on all offering statements or other sales or marketing materials supporting the debt instrument: "The City of Southlake is not an owner, investor, partner, participant or guarantor of this project "; requiring irrigation and turf of the multi- tenant office building site until it is constructed; and subject to Site Plan Review Summary No. 2 dated October 15, 2010 and granting variance to driveway stacking. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 30, 2010. Case No. Attachment A ZA10 -054 Page 4 Vicinity Map Tower Plaza (FKA "Invitation Park ") r Ali E. Southlake Blvd. 0 ZA10 -054 I' " 821, 829 and 885 E. Southlake Blvd. jv m ti 0 315 630 1,260 Feet Case No. Attachment B ZA10 -054 Page 1 O T_ 0 ­­­ - PU I Fn , Sxxl BUILDING I ­� PARKING SUMM ISITE ITEMS & LEGEND Ofr— Owft iml C.., Flaw Lav I r'F '­M GY &.=J�31 LU LU aaP 0 LU 9a �Caa�F9Wryga L) 0 ­­­ - PU I Fn , ❑ LU r BUILDING I DILDING 2 PARKING SUMM ISITE ITEMS & LEGEND Ofr— Owft iml C.., Flaw Lav I r'F '­M GY &.=J�31 LU LU 0 LU L) FetlJOEn Part no ,n > 0 =mw p-.4 O SP1 �E ........ g: LU LU a no 0 ­­­ - PU I Fn , mz ;O� Medical CaTbx at Tower Plaza WILDING I 2z , C I Exisfift Z SP-2 LU LU > 0 SP1 �E ........ g: LU no c6 C C cr _T= (n M Plaza Z +_LL III OvT 11 a f al __ _._ Cm iiJ_ Cn - F1 I Exis ting Zoning; AG I II SP-1 Site Plan Pedestrian Access Plan mz ;O� Medical CaTbx at Tower Plaza WILDING I ,gyp 1 '�` , ,�,-,,.,�,.,,, I 9 II I Zoning Case #ZA10-054 5.64 acres of l and situated in the Q. W. Knight Survey, Abstract No. 899, Tracts 3B, 3B1, & 3D1 Tower Plaza 1 61IIIIIIN L E VO ;2 . le 0 LO Z 9 0 T N 2z , �E ,gyp 1 '�` , ,�,-,,.,�,.,,, I 9 II I Zoning Case #ZA10-054 5.64 acres of l and situated in the Q. W. Knight Survey, Abstract No. 899, Tracts 3B, 3B1, & 3D1 Tower Plaza 1 61IIIIIIN L E VO ;2 . le 0 LO Z 9 0 T N S -P -1 REGULATIONS SUBMITTED NOVEMBER 29, 2010 (REVISIONS SINCE 1 ST READING IN BLUE) Detailed Site Plan (SP -1) District - Land Use and Development Regulations for a 5.84 acre parcel known as Tower Plaza Southlake, Texas This Detailed Site Plan (SP -1) district shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C -3" General Commercial Zoning District, as described in Section 22 of the Comprehensive Zoning Ordinance and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Permitted Uses: Only the following shall be permitted uses within this zoning: 1. Offices of a business and /or professional nature providing services, not including fabrication, manufacture, or production of goods. 2. Any use permitted in the 0-1 Office District, except for radio recording and television broadcasting offices and studios. 3. Financial Institutions. 4. Health service clinics, offices of dentists, doctors, and other practitioners of healing arts, licensed or similarly recognized under the laws of the State of Texas; offices for specialists and supporting health service fields, such as physical, audio and speech therapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories. 5. Medical care facilities to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. Such medical care facilities may involve patient related overnight stays. 6. No Residential uses shall be allowed; including Assisted Living, Memory Care or Skilled Nursing residential facilities. Development Regulations This property shall be subject to the development regulations for the "C -3" General Commercial District, and all other applicable regulations with the following exceptions: 1. Buffer yards and setbacks along internal lot lines shall not be required. 2. Buildings shall be provided with a 65 foot minimum horizontal setback from the proposed north right of way line for the Zena Rucker Road (60 foot Right of Way) and approximately 125 feet from the south Right of Way line for Zena Rucker Road, which is the northern boundary of the Medium Density Residential LUD boundary. 3. Side Yard shall be fifteen (15) feet, minimum. 4. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. 5. Building roof heights shall not exceed those shown on the plans and elevations; in no case shall a building exceed three (3) stories nor 50' in height from finished floor level, including parapets. 6. Freestanding towers shall not exceed 50' above finished floor. 7. Parking: a. - Parking requirements for Building 1 are to be based on: 8 spaces for the first 1,000 square feet of Floor Area; plus, for the remaining floor area: 1 space for each 150 square feet of doctor's offices, and 1 space for every 300 square feet of all other uses. Case No. Attachment C ZA10 -054 Page 2 b. - Parking requirements for Building 2 shall be based on: 1 space per each patient room, plus 1 space for each 4 employees, plus 1 space for every 300 square feet of Floor Area of outpatient services. c. -Floor area is defined as the total net usable square footage of floor space within the interior wall of the building, room or lease area, but excluding cellars, mechanical rooms, attics, elevators and stairways, common areas, hallways and lobby areas. 8. A minimum of 27% of the existing tree canopy cover on -site shall be preserved. 9. Vertical Articulation requirements for the Medical Center building shall be as presented on the elevations approved by the City Council. 10. Should construction of the Office Building not commence within 6 months of the completion of the horizontal site improvements and Medical Center Building, the Office Building site shall be graded flat, planted with grass and irrigated until such time the Office Building construction shall begin. End Proposed Permitted Uses and Development Regulations for "SP -1" Zoning at Tower Plaza. Detailed Site Plan SP -1) District - Requested 'Variances for a 5.84 acre parcel k Tower Plaza Southlake, Tee _ 4 The following variances are requested for the Tower Plaza development: 1) Varian +:e to the Driveway Ordinance regarding stacking depth, for the following entry drives: a) Entry Drive A (East Entry): Hinimurn Stacking Distance of 88'. b) Entry Drive B (South Entry): Minimum Stacking Distance of f'. Case No. Attachment C ZA10 -054 Page 3 Open Space ManaUement Plan; All Open Space shall be maintained by the property owners or the Tager Plaza Property [owners Association �POA). All property owners shall be required to be a member of the PCA. Dues assessments, required for the maintenance of the open space areas and other POA activities, shall be mandatory. The POA shall be - - esponsible for the maintenance and operation of the protected open space within the development. The expenses required to maintain the common areas at a q,atility level shall be estimated annually by the POA Board a dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dries are not paid, shall be in the farm of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land.. Provisions shall be made, in the POA bylaws and Deed Restrictions, that in the unlikely event the PDA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for it's maintenance and take corrective action, including the provision of extended maintenance. The casts of such maintenance may be charged to the PDA or individual property owners that make up the POA, and may include administrative costs and penalties which shall become a lien on all property in the development. Case No. Attachment C ZA10 -054 Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA10 -054 Review No.: Three Project Name: Zoning & Site Plan for Tower Plaza (FKA Invitation Park) Date of Review: 11/30/10 APPLICANT /PROJECT MANAGER: Sage Group, Inc. — ATTN: Curtis Young 1130 N. Carroll Ave; Ste 200 P: (817) 424 -2626 ARCHITECT: Azimuth Architecture 4228 N. Central Expwy; Ste 100 Dallas, TX 75206 P: (214) 261 -9060 F: (214) 261 -9049 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/29/10 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748 -8602. 1. Please provide a copy of the most current agreement with the adjacent property owner(s) regarding construction of the proposed streets. 2. Please provide the current case number (ZA10 -054) on the landscape plans, the tree conservation plan and the civil plans. 3. The proposed driveway(s) do not meet the minimum stacking depth. (A Variance is being requested for this requirement) The following are proposed: i. Driveway `A' ±88 feet (100' required) ii. Driveway `B' ±66 feet (100' required) Public Works Review Comments Michelle McCullough, P.E. (817) 748 -8274 mmccullough (a)ci.southlake.tx.us GENERAL COMMENTS: 1. Provide all necessary easements if needed for public water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A minimum 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. WATER AND SANITARY SEWER COMMENTS: 1. Clearly label all public and private lines. 2. All water line stubs must have 2 joints past the valve with a 2" blow off per the City's details. 3. The engineer should consider a different configuration for the water line intersection currently located under the future roundabout at Zena Rucker Road and "Future Street ". Consider moving out from the future paver section. The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. Water meters and fire hydrants shall be located in an easement or in the ROW. All water and sanitary sewer lines in easements or in the ROW must be constructed to City Case No. Attachment D ZA10 -054 Page 1 standards. There is a 12 inch and 20 inch water line located on the south side of Southlake Blvd. The developer will not be allowed to connect to the 20 inch water line. Please make sure that the utility plan indicates connection to the 12 inch water line. There is a 6 inch sewer line located on the north side of Southlake Blvd to serve this property. A TxDOT permit may be required to bore under the road to connect to the City's sewer line. DRAINAGE COMMENTS: 1. Clearly label all public and private storm lines. 2. It should be clearly noted that the property owner(s) shall be responsible for maintaining the underground detention system. 3. A more detailed review of the underground detention system will be performed once civil plans are submitted for review. 4. This property drains into Critical Drainage Structure #23 and requires a fee to be paid prior to beginning construction ($309.83 / acre). * The difference between pre and post development runoff shall be captured in the detention structure. The proposed detention structure shall control the discharge of the 5, 10 and 100 year storm events. * Verify that the size, shape, and /or location of the detention structure, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and /or location of the proposed structure may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. * A copy of the SWPPP, if required, will need to be submitted to the Public Works department for review prior to a pre construction meeting being scheduled. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 3 copies of the civil construction plans (22" X 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http:// www. citvofsouthlake. com/ PublicWorks /engineeringdesign.asp * A Developer's Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * Additional comments may need to be addressed once detailed engineering is completed and construction plans submitted to the Public Works department for a more detailed review. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. *Denotes informational comment. Case No. Attachment D ZA10 -054 Page 2 Landscaping /Tree Preservation Comments Keith Martin Landscape Administrator (817) 748 -8229 kmartinAci. south lake.tx.us TREE CONSERVATION COMMENTS: The preservation of the existing trees is not compliant with the existing tree cover preservation requirements of the Tree Preservation Ordinance 585 -D. The percentage of existing tree cover on the site is 10.4% and the percentage of existing tree cover proposed to be preserved is 27.7 %. The minimum percentage of existing tree cover required to be preserved is 70 %. A regulation has been added to the S -P -1 letter requiring a minimum of 27% of the existing tree cover to be preserved. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% - 20% 70% 20.1 —40% 60% 40.1 % - 60% 50% 60.1%-80% 40% 80.1%_100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. *Denotes informational comment. II0IMWVLyi Fill I[a] 0 Fill W8187►yiILyiIA011k Deceleration lane must comply with TXDOT standards. All development must comply with the City's Drainage Ordinance No. 605 and detain all post development run -off. 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 ZA10 -054 Page 3 All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. 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. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction of any off -site pavement. Additionally, appropriate dedication of right of way and /or easements will be required prior to public acceptance. A minimum 5' sidewalk is required adjacent to all streets where a trail is not planned. The required sidewalks need to be provided along the dedicated street ROW with development of this property. All driveways must meet the minimum spacing requirements in accordance with the TxDOT and the City's Driveway Ordinance No. 634, as amended. The street along the east boundary of this property has been approved by the City as part of the Site Plan and Preliminary Plat on the adjacent property to the east. Case No. Attachment D ZA10 -054 Page 4 SPIN MEETING REPORT CASE NO. ZA10 -054 PROJECT NAME: Tower Plaza SPIN DISTRICT: 9 MEETING DATE: 8:OOPM, October 11, 2010 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 313 TOTAL ATTENDANCE: 17 • SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (9) • APPLICANT(S) PRESENTING: Curtis Young, Sage Group • STAFF PRESENT: Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748 -8269; ccomstock @ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation The property is 5.84 acres located at 821 E. Southlake Boulevard. Development Details The applicant is requesting approval of a revision to the existing S -P -1 zoning and site plan. Tower Plaza is a proposed 5.84 acre development for office and medical uses. The property is currently undeveloped. The proposed use is consistent with the City of Southlake Comprehensive Land Use Plan. The property sits along the south side of Southlake Boulevard, approximately 1,000 feet west of Carroll Avenue. It is across the street from two medical office buildings within the Mendez Addition. All other parcels surrounding the property are currently undeveloped. QUESTIONS & DISCUSSION QUESTION: Does the Tower extend beyond the height of any of the buildings? RESPONSE: The 50' tower is taller than the office building (31' to top of parapet), but approximately the same height as the medical center measured to the top of the parapet. QUESTION: Has the square footage of the office space been reduced since the previously proposed plan? What is the proposed square footage and the number of parking spaces provided? RESPONSE: The gross floor area of Building 1 is 40,968 square feet in the current proposal. Buildings 1 &3, which were the two office buildings in the previously proposed plan, contained 36, 288 square feet of gross floor area. A total of 265 parking spaces are provided on the current plan, while the previous plan showed 266 spaces. Case No. Attachment E ZA10 -054 Page 1 QUESTION: How tall is Building 1? What's the setback from Southlake Boulevard? RESPONSE: Building 1 is 28' in height to the roof level. The height measured to the top of the parapet wall is 31'_ The height of the corner feature is approximately 39 1 r2 feet measured to the peak. The setback from Southlake Blvd. is fifty (50) feet_ QUESTION: Are the proposed uses the same as the previous proposal? RESPONSE: `des. QUESTIOU Who is the owner? How will the project be financed? SPI N Fleeting 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 parities are strongly encouraged to follom the case through the Planning and Zoning Commission and final action by City Council_ Case No. Attachment E ZA10 -054 Page 1 Surrounding Property Owners Tower Plaza L arr CROSS-LN- 5 M4iNSY 4 N LGAT�E9HE0.G GT— } 3 4 2 p rc 1 C - 5D U TH LA KE :g:LY.p 6 c� 8 11 9 NAROCKER -R❑ 1� 4 L O u � SPO # Owner Zoning Land Use Acreage Response 1. Foxborough Hoa Inc SF20A Medium Density Residential 1.31 NR 2. Kiani, Hamid Etux Rashin SF20A Medium Density Residential 0.64 NR 3. East Southlake #1 Ltd SP1 Office Commercial 1.87 NR 4. East Southlake #2 Ltd SP1 Office Commercial 2.39 NR 5. AG Office Commercial 5.41 NR Mendez Ltd Medium Density Residential 6. Vision SW Silverlake Llc S -P -1 Office Commercial 0.55 NR 7. Vision SW Silverlake Llc S -P -1 Office Commercial 2.82 NR 8 Rucker, William W Est & AG Office Commercial 6.70 NR Zena 9. S -P -1 & AG Office Commercial 4.22 NR Vision SW Silverlake Llc Medium Density Residential 10. Rucker, William Est & Zena AG Medium Density Residential 4.24 NR Tr 11. S -P -2 Office Commercial 16.34 NR Rcp Southlake Blvd #2, Ltd Medium Density Residential Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Eleven (11) Responses Received: None (0) NR: No Response Case No. Attachment F ZA10 -054 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -549b 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 TRACTS 3B & 31301, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, 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 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment G ZA10 -054 Page 1 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, Case No. Attachment G ZA10 -054 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being, Tracts 3B & 31301, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 and being approximately 5.84 acres, and more fully and completely described in exhibit "A" from "S -P -1 " detailed site plan district to "S -P- 1" detailed site plan district, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following Case No. Attachment G ZA10 -054 Page 3 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 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. Case No. Attachment G ZA10 -054 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 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 Case No. Attachment G ZA10 -054 Page 5 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. 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 1 st reading the 2nd day of November, 2010. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of December, 2010. Case No. Attachment G ZA10 -054 Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA10 -054 Attachment G Page 7 EXHIBIT "A" Being Tracts 3B & 31301, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 and being approximately 5.84 acres and more fully described by metes and bounds as follows: LEGAL DESCR1P'l':r ) BEING a 5.941 ac.ru tract ar land in the C, W. . Knight Survey, Abstract No. 899, Tarrant County, Texas and being a portion of that certain tract of I artd as described in dccd to Vision Scnahwcst Silvcrlakc, LLC, a Texas Limited Liability Company gas ircorded in lastrunmot OD 7.135294 of the EWM Records of Tarrant County, Tcxtis land being more particularly deserihed as follows: BEGINNING at a 518' iron rod Found at the northwest corner of said Vision tract in tW st:r h right -of - tray line of East South lake Boulevard (R.O.W- varies) and being the northeast wrnr of that certain tract of land as describe -1 in deed to Williain _ Rue ker and Zeno Rucker Trustees of ffit William W. Rucker and Zena Rucker Faunily `1 rta't ag retorded in Volume 12591, Page 2:267 D_R:T_C_T_; THENCE N 119° 57' DY E �doag said right-4-way a distance of 239,67 #'eet to a Ill " iron rod found +pith a cap and said point Ding the nanhw&st come of that certain tracc far land as descrik d in deed to RCP Southdake Blvd #2, LTD as recot*d in Instrument #D203471724 D.R.T.C.T.; THENCE.S 11" 16' 59" E along the west line of said RCP tract a distance of 520.09 feet to a 518' iron toe found; THENCE 5 00° 23' Or' W along the west line of said RCP twt a distance of 331.21 feet to a 518 " iron rod found; THENCE S 89° 2l' 17" W a distance: of 191.24 Feet to a 99 " iron rod found to the northeast corner of said Rtrcker trace. THENCE S 89112W 28„ W along the -north line of said Rucker tract distance of 131.19 feel k.5 ;a 518 " iron PA found and said point being at the rsotitllyeot corner of said I mkur tract rmorded in Volume 1 2591, Page 2267; THENCE N 01'° 08' 22" W along the cast line of said Rucker trace a distance of 944.88 feet to the Point of Beginning and containing in all 254434 squats feet or 5.841 acs -of land, Case No. ZA10 -054 Attachment G Page 8 EXHIBIT "B" Reserved for Approved Site Plan Case No. ZA10 -054 Attachment G Page 9