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Item 8ACity of Southlake Department of Planning S T A F F R E P O R T August 27, 2003 ZA03-034 CASE NO: White Chapel Plaza Office Park PROJECT: REQUEST: On behalf of Terry Horton and Wayne Lee, T.J. Horton Group is requesting approval of a zoning change and site plan for development of an office park. Consider first reading for zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-424 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Bruce Payne (481-2036) Case No. ZA03-034 BACKGROUND INFORMATION OWNERS: Terry Horton & Wayne Lee APPLICANT: T.J. Horton Group PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan for the development of a small office park. PROPERTY SITUATION: The property is located at 1310 White Chapel Boulevard. LEGAL DESCRIPTION: Lot 13, T.M. Hood No. 706 Addition, being approximately 3.04 acres LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan with “O-1” Office District uses including a personal care facility for Alzheimer's patients. REQUESTED ZONING: “S-P-1” Detailed Site Plan with “O-1” Office District uses HISTORY: -City Council approved the zoning and a Site Plan for the Alzheimer’s personal care facility on March 3, 1999. -A Plat Showing for the property was approved by the City of Southlake on December 31, 1998. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends N. White Chapel Blvd to be a 5- lane, undivided arterial street with 94’ of right-of-way. Adequate right-of- way exists for this roadway. Existing Area Road Network and Conditions The proposed site will have one (1) access directly onto N. White Chapel Boulevard. A common access stub-out has been provided to the property to the north for future access to Countryside Court. N. White Chapel Boulevard is currently a 2-lane, undivided roadway. Construction of the ultimate pavement section (5 lanes undivided) is scheduled for the fiscal year 2005/2006. May, 2003 traffic counts on N. White Chapel Blvd (between Highland Ave and S.H. 114) 24hr 2,0992,927 North Bound (NB) () South Bound (SB) () NB 159210 Peak A.M. () 8 – 9 a.m. Peak P.M. () 3 – 4 p.m. SB 255344 Peak A.M. () 7 – 8 a.m. Peak P.M. () 5 – 6 p.m. Case No. Attachment A ZA03-034Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT General Office 28,298 312 39 5 7 35 *Vehicle Trips Per Day **The AM/PM times represent the estimated number of vehicle trips generated during the peak travel times on N. White Chapel Blvd. WATER & SEWER: A 12” water line currently exists along the west side of N. White Chapel Blvd. An 8” sanitary sewer line exists along the west side of N. White Chapel as well. P&Z ACTION: August 7, 2003; Approved to table (6-0-1) at the request of the applicant until the August 21, 2003 Planning & Zoning Commission meeting. August 21, 2003; Approved (6-0) subject to Revised Site Plan Review Summary No. 4, dated August 21, 2003, allowing the requested variances. Also required the following: Increasing the southern setback to 30’; constructing a 8’ masonry wall along the south property line; all buildings constructed with stone or brick masonry; doubling the number of canopy trees along the east bufferyard; and maintaining the existing plants on White Chapel Boulevard for natural screening. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 4, dated August 21, 2003. Under the “S-P-1” site plan district zoning, the applicant proposes the following:  The setback along the south boundary shall be 26’, as shown on the Site Plan. Ordinance 480, Section 43.13h requires a minimum setback of 40’ adjacent to residential property. The previous plan requested a 20’ setback along the south boundary.  The maximum impervious coverage shall not exceed 67.4% of the total lot area. Ordinance 480, Section 18.5i allows a maximum impervious coverage per lot of 65%. The previous plan requested a maximum impervious coverage of 69%. Variances are requested for the following:  Driveway Spacing: The required driveway spacing is 250’ for full-access drives on an arterial street. The nearest drive to the south is approximately 223’ from the proposed driveway. The nearest intersection to the north is approximately 423’. The previous plan showed the nearest drive to the south approximately 205’ away. Case No. Attachment A ZA03-034Page 2  Stacking Depth: Stacking depth for the proposed drive is required to be 75’. The applicant is showing a stacking depth of 50’. Other changes include reducing the size of the two southernmost buildings (- 1,189 SF), and eliminating 2 parking spaces in order to save a large tree. N:\Community Development\WP-FILES\MEMO\2003cases\03-034ZSP.doc Case No. Attachment A ZA03-034Page 3 Case No. Attachment B ZA03-034Page 1 Case No. Attachment C ZA03-034Page 1 Case No. Attachment C ZA03-034Page 2 Case No. Attachment C ZA03-034Page 3 Case No. Attachment C ZA03-034Page 4 Case No. Attachment C ZA03-034Page 5 Case No. Attachment C ZA03-034Page 6 Case No. Attachment C ZA03-034Page 7 SITE PLAN REVIEW SUMMARY ZA03-034Four08/21/03 Case No.: Revised Review No.: Date of Review: Site Plan Project Name: – White Chapel Court APPLICANT: The T.S. Horton Group, Inc. ENGINEER: LandCon Trent Horton Ed Childress 700 N. Carroll Ave, Suite 120 2501 Parkview Dr., Suite 200 Southlake, TX 76092 Fort Worth, TX 76102 Phone: (214) 536-8211 Phone: (817) 335-5065 Fax: Fax: (817) 335-5067 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/21/03 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. General Development StandardsAppliesComments Corridor Overlay Regulations N/A N/A Residential Adjacency Y Proposing a 26’ south building line Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Proposing a maximum impervious coverage of 67.4% Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comments No. 1 Lighting Y Must Comply With Outdoor Lighting Ordinance No. 639-B 1.The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a)Provide the required driveway spacing between the proposed drive and the nearest existing drive to the south. Driveway spacing for full access drives is required to be 250’ from C.L. to (A variance is being requested.) C.L. along an arterial street. b)Provide the minimum stacking depth required for the proposed drive. The required stacking (A variance is being requested.) for this site is 75’. INFORMATIONAL COMMENTS Case No. Attachment D ZA03-034Page 1 * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. Attachment D ZA03-034Page 2 Surrounding Property Owners White Chapel Plaza Office Park Owner Zoning Land Use Acreage 1.Edwin L Cole Ministries 1.SP1 1.Office Commercial 1.3.97 2.L. Wayne 2.O1 2.Office Commercial 2.2.30 3.White Chapel Llc 3.AG 3.Retail Commercial 3.0.44 4.White Chapel Llc 4.C3 4.Retail Commercial 4.6.63 5.L. Baccus 5.CS 5.Public/Semi-Public 5.2.83 6.E. Murphy 6.SF1A 6.Med. Density Residential 6.1.89 7.KC Partners 7.SF1A 7.Med. Density Residential 7.1.00 8.B. McCoy 8.AG 8.Low Density Residential 8.1.00 9.M. Wooley 9.AG 9.Low Density Residential 9.3.50 10.W. Rucker 10.AG 10.Low Density Residential 10.0.49 11.L. Wayne & T. Horton 11.SP1 11.Office Commercial 11.2.70 Case No. Attachment E ZA03-034Page 1 Surrounding Property Owner Responses White Chapel Plaza Office Park Notices Sent: Ten (10) Responses: One (1) opposed. Edgar L. & Janet L. Murphy, 1313 N. White Chapel Blvd, Southlake, TX,  (See attached letter) Case No. Attachment F ZA03-034 Page 1 Case No. Attachment F ZA03-034 Page 2 Case No. Attachment F ZA03-034 Page 3 Case No. Attachment F ZA03-034 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-424 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 13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN WITH “O-1” OFFICE DISTRICT USES INCLUDING A PERSONAL CARE FACILITY FOR ALZHEIMER'S PATIENTS TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan with Case No. Attachment G ZA03-034 Page 1 “O-1” Office District uses including a personal care facility for Alzheimer's patients under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, 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 Case No. Attachment G ZA03-034 Page 2 with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. 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 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan with “O-1” Office District uses including a personal care facility for Alzheimer's patients to “S-P-1” Detailed Site Plan District with “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated Case No. Attachment G ZA03-034 Page 3 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. 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. Case No. Attachment G ZA03-034 Page 4 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 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 Case No. Attachment G ZA03-034 Page 5 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 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 ZA03-034 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA03-034 Page 7 EXHIBIT “A” Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres. Case No. Attachment G ZA03-034 Page 8 EXHIBIT “B” Case No. Attachment G ZA03-034 Page 9 Case No. Attachment G ZA03-034 Page 10 EXHIBIT “C” This page reserved for the approved City Council motion. Case No. Attachment G ZA03-034 Page 11