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Item 7ACity of Southlake Department of Planning S T A F F R E P O R T August 27, 2003 ZA03-020 CASE NO: Chapel Hill Office Park PROJECT: REQUEST: On behalf of Steve and Dixie Garrett, Realty Capital Corporation is requesting approval of a zoning change and concept plan. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and concept plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-420 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Bruce Payne (481-2036) Case No. ZA03-020 BACKGROUND INFORMATION OWNERS: Steve and Dixie Garrett APPLICANT: Realty Capital Corporation PURPOSE: The purpose of this request is to receive approval of zoning and a concept plan for the development of 7 office buildings. PROPERTY SITUATION: 205 East Southlake Boulevard LEGAL DESCRIPTION: Tract 5F, OW Knight Survey, Abstract No. 899 LAND USE CATEGORY: Office Commercial CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “S-P-2” General Site Plan District with “O-1” Office District uses HISTORY: There is no development history for this property. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends Southlake Boulevard to have 130’ of right-of-way. Adequate right-of-way exists for this road. Existing Area Road Network and Conditions The proposed site will have one (1) access directly onto E. Southlake Boulevard (F.M. 1709). The plan shows common access drives to both the West and the East giving the site access to S. White Chapel Boulevard and the future Parkwood Drive. E. Southlake Boulevard is a 5-lane, undivided thoroughfare with a continuous, two-way, center left-turn lane. The roadway will ultimately be widened to a 7-lane roadway. May , 2002 traffic counts on E. Southlake Blvd (between White Chapel Blvd and Byron Nelson Pkwy) 24hr 20,95922,084 West Bound (WB) () East Bound (EB) () WB 1,1062,217 Peak A.M. () 11 – 12 a.m. Peak P.M. () 5 – 6 p.m. EB 2,1151,389 Peak A.M. () 7 – 8 a.m. Peak P.M. () 5 – 6 p.m. Case No. Attachment A ZA03-020Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Office ± 55,000 607 76 10 14 68 *Vehicle Trips Per Day **The AM/PM times represent the potential number of vehicle trips generated during the peak travel times on Southlake Boulevard. WATER & SEWER: A 12” water line extension is proposed from the east side of the future Parkwood Drive approximately 350’ away. An 8” sewer line extension is proposed from the west side of Parkwood Drive approximately 250’ away. P&Z ACTION: June 5, 2003; Denied (5-0) COUNCIL ACTION: June 17, 2003; Approved First Reading (7-0) subject to Concept Plan Review Summary No. 4, dated June 13, 2003, and granting the requested variances. July 15, 2003; Approved to Table on Consent (5-0) until the August 19, 2003 City Council Meeting. August 19, 2003; Approved to Table (6-0-1) until the September 2, 2003 City Council Meeting. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 6, dated August 27, 2003. Under the “S-P-2” site plan district zoning the applicant proposes the following:  Maximum Impervious Coverage: The overall site shall not exceed 65% impervious coverage. However, individual lots shall not exceed 80% impervious coverage.  Bufferyards: Bufferyards along the perimeter site boundary shall adhere to the requirements of Sections 42 & 43, except that no bufferyards shall be required along lot lines interior to the site. Variances are requested for the following:  Stacking Depth: Stacking depth for the proposed drive is required to be 75’. The applicant is showing a stacking depth of 41’.  Driveway Spacing: Driveway spacing is 500’ for full-access drives on Southlake Blvd (FM 1709). The nearest drive to the west is 355’ from the proposed driveway and the nearest intersection to the east is 470’.  Street Frontage: All lots must front on a street. The applicant proposes Case No. Attachment A ZA03-020Page 2 lots to front on a common access easement. The plan presented to the Planning and Zoning Commission proposed the following:  Nine (9) office buildings;  Building Floor Area range of 3,500 SF to 11,800 SF  Total Floor Area 55,100 SF. The Planning and Zoning Commission appeared to be concerned with the following issues:  density of the project;  the on-site parking deficiency;  the distance from the majority of the parking spaces to the buildings and lack of walkways; The following changes were made to the plan following the Planning and Zoning Commission meeting:  Eliminated one (1) building in the southeast corner of the site (total of eight (8) buildings now proposed);  Building Floor Area range of 4,000 SF to 16,800 SF;  Total Floor Area of 55,600 SF (increase of 500 SF). st The following changes were made to the plan since the 1 Reading at City Council:  Eliminated one (1) building on the west side (total of seven (7) buildings now proposed).  Building coverage has been reduced by 5,800 SF;  Total Floor Area has been reduced from 55,600 SF to 54,800 SF (decrease of 800SF);  Both buildings along the south boundary line are now two story buildings.  Open space has been balanced through the property with larger areas located in the front and center of the site. There is a property owner to the east in opposition to this request. This opposition accounts for approximately 26% of the surrounding property area within 200’ of the site. Due to the recommendation for denial by the Planning and Zoning Commission and opposition in excess of 20% of the surrounding th properties within 200’, the affirmative vote of at least 3/4 of the members of the City Council (6 of 7) is required to approve this request. Case No. Attachment A ZA03-020Page 3 Case No. Attachment B ZA03-020Page 1 Case No. Attachment C ZA03-020Page 1 Case No. Attachment C ZA03-020Page 2 Case No. Attachment C ZA03-020Page 3 Case No. Attachment C ZA03-020Page 4 Case No. Attachment C ZA03-020Page 5 Case No. Attachment D ZA03-020Page 1 Case No. Attachment D ZA03-020Page 2 CONCEPT PLAN REVIEW SUMMARY ZA03-020Six08/27/03 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Chapel Hill Office Park APPLICANT: Realty Capital Corporation ENGINEER: Baird, Hampton, & Brown, Inc. Steve Isbell th 1111 South Main Street, Suite 200 309 W. 7 Street, Suite 500 Grapevine, TX 76051 Fort Worth, TX 76102 Phone: (817) 488-4200 Phone: (817) 338-1277 Fax: (817) 424-2448 Fax: (817) 338-9245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/22/03 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 BEN BRYNER AT (817) 481-2086. 1.This site must comply with the “S-P-2” zoning district regulations as approved. The following differences from the regulations of the Comprehensive Zoning Ordinance No. 480 are proposed as part of the “S-P-2” regulations: a)The maximum impervious coverage permitted for the “O-1” Office District zoning is 65%. The applicant proposes that the overall site shall not exceed 65% impervious coverage except that individual lots within the site boundary shall not exceed 80% impervious coverage. b)Bufferyards are required along all interior lot lines. The applicant proposes that bufferyards shall be provided along the perimeter of the site boundary except that no bufferyards shall be required along lot lines interior to the site boundary. 2.The following changes are needed with regard to driveways: a)Stacking depth for the proposed drive is required to be 75’. The applicant is showing a (A variance has been requested.) stacking depth of 41’. b)Driveway spacing is 500’ for full-access drives on Southlake Blvd (FM 1709). The nearest drive to the west is 355’ from the proposed driveway and the nearest intersection to the east (A variance has been requested.) is 470’. 3.Every lot shall abut on a public street or a private street. This concept plan proposes lots to front on (A variance has been requested.) a common access easement built to fire lane standards. 4.A reciprocal parking agreement must be executed, reviewed by the City and filed of record (copy of filed instrument provided to the City) prior to issuance of a building permit for any portion of this site reliant upon the off-site parking for compliance with the parking requirements. The applicant Case No. Attachment D ZA03-020Page 3 proposes the use and construction of off-site parking to comply with parking requirements. The exhibit attached to the agreement should match the approved Concept Plan. 5.Clearly differentiate between the fire lanes and the common access easement boundaries. Fire lanes must be labeled in addition to Common Access Easements and may not necessarily correlate. 6.Correct the building/site coverage shown on the plan. INFORMATIONAL COMMENTS * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * This review is based on the “O-1” Zoning District Regulations. * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III “Residential Adjacency Standards” as well as the Corridor Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council Note that these issues are only the major areas of site plan prior to issuance of a building permit. review and that the applicant is responsible for compliance with all site plan requirements: •Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. •Roof design standards per § 43.13b, Ordinance 480, as amended •Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. •Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. •Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. •Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. •Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. •Screening as per §39.4, Ordinance 480, as amended. •Interior landscaping per Landscape Ordinance No. 544. •Fire lanes must be approved by the City Fire Department. Case No. Attachment D ZA03-020Page 4 Surrounding Property Owners Chapel Hill Office Park Owner Zoning Land Use Acreage 1.GCSW, Ltd 1.O1 1.Office Commercial 1.0.98 2.D. Stoner 2.SF1A 2.Low Density Residential 2.1.04 3.S. Bryant 3.SF1A 3.Low Density Residential 3.1.00 4.D. Johnston 4.SF1A 4.Low Density Residential 4.0.91 5.S. Faulkner 5.SF1A 5.Low Density Residential 5.0.94 6.St. of Texas 6.SF1A 6.Low Density Residential 6.0.02 7.St. of Texas 7.SF1A 7.Low Density Residential 7.0.16 8.St. of Texas 8.SF1A 8.Low Density Residential 8.0.18 9.St. of Texas 9.SF1A 9.Low Density Residential 9.0.54 10.Bes-Tex Financial Serv. 10.SP2 10.Low Density Residential 10.5.91 11.White Chapel United 11.CS 11.Public/Semi Public 11.6.32 Methodist 12.White Chapel United 12.CS 12.Public/Semi Public 12.9.50 Methodist 13.White Chapel United 13.CS 13.Public/Semi Public 13.0.79 Methodist 14.S. Garrett 14.AG 14.Low Density Residential 14.3.69 Case No. Attachment E ZA03-020Page 1 Surrounding Property Owner Responses Chapel Hill Office Park Notices Sent: Nine (9) Responses: One (1) within the 200’ notification area:  David Ford, Bes-Tex Financial Services, Inc., 209 Southlake Boulevard, Southlake, TX is opposed. See attached Opposition Petition. (Received June 4, 2003) Case No. Attachment F ZA03-020Page 1 Case No. Attachment F ZA 03-020 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-420 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 A PORTION OF TRACT 5F, O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXIMATELY 4.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL 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”, 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 “AG” Agricultural District under Case No. Attachment G ZA03-020 Page 1 the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, 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 ZA03-020 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 a portion of Tract 5F, O.W. Knight Survey, Abstract No. 899, and being approximately 4.24 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural 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 specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit “C.” SECTION 2. Case No. Attachment G ZA03-020 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 ZA03-020 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. Attachment G ZA03-020 Page 5 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 ___________, 2003. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2003. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA03-020 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA03-020 Page 7 EXHIBIT “A” A portion of Tract 5F, O.W. Knight Survey, Abstract No. 899, and being approximately 4.24 acres. Case No. Attachment G ZA03-020 Page 8 EXHIBIT “B” Case No. Attachment G ZA03-020 Page 9 Case No. Attachment G ZA03-020 Page 10 Case No. Attachment G ZA03-020 Page 11 EXHIBIT “C” This page reserved for the approved City Council motion. Case No. Attachment G ZA03-020 Page 12