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Item 6F Department of Planning & Development Services S T A F F R E P O R T November 30, 2011 CASE NO: ZA11-051 PROJECT: Zoning Change and Site Plan for Bosworth Offices EXECUTIVE SUMMARY: Paragon Design Group, on behalf of Marine Quest, Inc., is requesting approval of a Zoning Change and Site Plan from “S-P-1” Detailed Site Plan Zoning District to “S- P-1” Detailed Site Plan Zoning District on 1.5 acres located at 1900-1930 E. State Highway 114. SPIN Neighborhood #4. REQUEST DETAILS: Paragon Design Group, on behalf of Marine Quest, Inc., is requesting approval of a Zoning Change and Site Plan from “S-P-1” Detailed Site Plan Zoning District to “S- P-1” Detailed Site Plan Zoning District for the development of a single-story 5,856 square foot building on what is currently described as Lots 2R3 & 2R4 of the Brewer Industrial Addition. The following is a summary of the proposed changes to occur on Lots 2R3 & 2R4: Current Approved Plan Proposed Plan Total Footprint () 6,142 5,856 square feet Total Floor Area () 7,442 5,856 square feet 1 – on Lot 2R3 Number of floors () stories1 2 – on Lot 2R4 Planning There is also an Amended Plat being processed administratively under Case ZA11-038 that will be filed if this request is approved to combine the two lots related to this request. There are no other changes being requested to the existing zoning, site plan or regulations that are in place today. ACTION NEEDED: 1) Conduct Public Hearing nd 2) Consider 2 Reading Zoning Change and Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Site Plan Review Summary No. 2, dated October 24, 2011 (E) Surrounding Property Owners Map (F) Surrounding Property Owner Responses (G) Ordinance No. 480-556a for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8270 Case No. ZA11-051 BACKGROUND INFORMATION OWNER: Marine Quest, Inc. APPLICANT: Paragon Design Group PROPERTY ADDRESS: 1900-1930 E. State Highway 114 PROPERTY DESCRIPTION: Lots 2R1, 2R2, 2R3 & 2R4, Brewer Industrial Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-1” Detailed Site Plan Zoning District PROPOSED ZONING: “S-P-1” Detailed Site Plan Zoning District HISTORY: A zoning change and site plan request was approved by City Council on Planning Case ZA07-137 May 20, 2008 for this site under . The request consisted of all four (4) original general office buildings on four (4) separate lots. TREE PRESERVATION: No trees will be affected by this proposal. PLANNING & ZONING COMMISSION: November 3, 2011; Approved (4-0) subject to Site Plan Review Summary No. 2, dated October 24, 2011. CITY COUNCIL: November 15, 2011; Approved (5-0) on consent. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated October 24, 2011. Case No. Attachment A ZA11-051 Page 1 Case No. Attachment B ZA11-051 Page 1 PLANS AND SUPPORT INFORMATION Case No. Attachment C ZA11-051 Page 1 PROPOSED PLANS Case No. Attachment C ZA11-051 Page 2 Case No. Attachment C ZA11-051 Page 3 Case No. Attachment C ZA11-051 Page 4 ARTIST RENDERING Case No. Attachment C ZA11-051 Page 5 PREVIOUSLY APPROVED SITE PLAN (ZA07-137) Case No. Attachment C ZA11-051 Page 6 SITE PLAN REVIEW SUMMARY ZA11-051Two10/24/2011 Case No.: Review No.: Date of Review: Project Name: Site Plan for Bosworth Offices APPLICANT: Owner: Paragon Design GroupMarine Quest, Inc. dba Bosworth Robert Leeper Dwight Bosworth 601 Zena Rucker Rd., Ste. 103 1910 E. State Hwy 114 Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 421-1945 Phone: (817) 424-3539 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/18/2011 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 DANIEL CORTEZ AT (817) 748-8070. Informational Comments * The driveway stacking depth provided does not meet the requirement under the City’s Driveway Ordinance, however, a variance to driveway stacking depth was previously approved by City Planning Case ZA07-137 Council under so no variance request will be necessary. * An Amended Plat or Plat Revision combining the current lots described as Lots 2R3 and 2R4, Brewer Industrial Addition into one lot must be processed and filed with the County prior to the issuance of any building permits. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 65 LDN D/FW Regional Airport Overlay Zone * It appears that this property lies within the and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Denotes Informational Comment Case No. Attachment D ZA11-051 Page 1 Surrounding Property Owners Bosworth Offices SPO # Owner Zoning Land Use Acreage Response 1. Southlake Brewer Partners Llc B1 Mixed Use 2.42 U 2. Bosworth Farms II Lp SP1 Mixed Use 0.57 NR 3. Marina Quest Inc SP1 Mixed Use 0.34 NR 4. Bosworth Farms Inc SP1 Mixed Use 0.19 NR 5. Bosworth Farms Inc SP1 Mixed Use 0.37 NR 6. Bth & Ra Associates Inc MF1 Mixed Use 0.54 NR 7. Briarwood Townhomes Lp MF1 Mixed Use 0.57 NR 8. Driggers, Randall D Etux Debor SF1-A Mixed Use 1.06 NR 9. Mc Properties Inc SP1 Office Commercial 1.14 NR 10.Hd Development Propertiex, Lp C3 Town Center 11.60 NR 11.Chesapeake Land Dev Co Llc AG Mixed Use 7.84 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Ten (10) Responses Received: One (1) Case No. Attachment E ZA11-051 Page 1 Surrounding Property Owner Responses Case No. Attachment F ZA11-051 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-556a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 2R1, 2R2, 2R3 & 2R4, BREWER INDUSTRIAL ADDITION BEING APPROXIMATELY 1.55 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 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 Case No. Attachment G ZA11-051 Page 1 Plan District 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 Case No. Attachment G ZA11-051 Page 2 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 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 legally described as Lot 2R, Brewer Industrial Addition, an addition to the Case No. Attachment G ZA11-051 Page 3 City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 9573, Plat Records, Tarrant County, Texas, being approximately 1.55 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 with “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Original approval from Ordinance No. 480-556 (): ZA07-137 1. Subject to Revised Site Plan Review Summary No. 5, dated April 21, 2008. a. Provide a reciprocal parking and access agreement which addresses cross access, joint use of parking and maintenance of fire lanes and parking spaces to be shared between the lots within the subdivision. Prior to receiving a building permit, a copy of the county filed agreement must be received by the City. The applicant may also wish to consider including provisions for landscaping, common areas, trash enclosure use and maintenance. b. Since the property is proposed to be plated into four (4) separate lots, separate interior landscaping is required for each building and lot. Please break down the interior landscape calculations by lot and provide the information within the Interior Landscape and Bufferyards Summary Charts. If extra room is needed an extra page can be used to provide the necessary required calculations. c. Lot 1 looks like it may not have enough interior landscape area provided to meet the interior landscape area requirements of Ordinance 544-A. Please provide interior landscape area calculations as mentioned above. d. The Bufferyards Summary Chart calculations on the Site Plan and the Landscape Plan do not match. The number of canopy trees is different. Please correct the summary charts so that the calculations match. e. Bufferyards are required to be provided along all interior property lines. The applicant is requesting an S-P-1 Zoning with no bufferyards between the individual lot lines within the development. 2. Granting the requested variance to driveway stacking. Conditions under current approval Ordinance No. 480-556a (): ZA11-051 3. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Case No. Attachment G ZA11-051 Page 4 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 ZA11-051 Page 5 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 Case No. Attachment G ZA11-051 Page 6 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 15h day of November, 2011. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd Reading the 6th day of December, 2011. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA11-051 Page 7 EXHIBIT “A” Reserved for Metes and Bounds Description Case No. Attachment G ZA11-051 Page 8 EXHIBIT “B” Original Plans () ZA07-137 Case No. Attachment G ZA11-051 Page 9 Case No. Attachment G ZA11-051 Page 10 Case No. Attachment G ZA11-051 Page 11 Case No. Attachment G ZA11-051 Page 12 Case No. Attachment G ZA11-051 Page 13 March 31, 2008 City of Southlake Planning Department Reference: Bosworth Offices Hwy. 114 Site Plan ZA-07-137 Proposed Permitted Uses and Development Regulations for “SP-1” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “O-1” District as described in Section 18 of the Comprehensive Zoning Ordinace No. 480 as amended. Development Regulations This property shall be subject to the development regulations for the “O-1” District, and all other applicable regulations. Except as follows:  The minimum rear yard setback adjacent to residential uses shall be fifteen (15) feet..  The 4:1 slope requirement shall be waived.  Parking shall be 8 spaces for the first 1,000 s.f. and 1 car per 300 s.f. after that minus 10%.  All lots within this development as a whole will have a maximum of 69% impervious coverage. Each lot on its own will not be limited to a maximum of 65% impervious coverage.  Minimum building size will not be less than 2,300 s.f.  Minimum side-yard setback shall not be less than 10’-0”.  Articulation shall be per elevations on plans.  No buffer yards between interior lot lines. Case No. Attachment G ZA11-051 Page 14 Variance Letter Case No. Attachment G ZA11-051 Page 15 New Approved Plans () ZA11-051 RESERVED FOR APPROVED PLANS Case No. Attachment G ZA11-051 Page 16