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Item 7A Department of Planning & Development Services S T A F F R E P O R T March 28, 2012 CASE NO: ZA12-009 PROJECT: Moayyad Medical Buildings EXECUTIVE SUMMARY: Blake Architects, on behalf of Edward Moayyad, is requesting approval of a Zoning Change and Site Plan from “CS” Community Service District to “S-P-1” Detailed Site Plan District for the purpose of adding 950 square feet of floor area to the existing 2,366 square foot single story building and adding an additional 3,700 square foot single story building on Lot 4, H. Granberry NO. 581 Addition, located at 190 S. White Chapel Blvd. SPIN #10. REQUEST DETAILS: Blake Architects, on behalf of Edward Moayyad, is requesting approval of a Zoning Change from “CS” Community Service District to “S-P-1” Detailed Site Plan District, the proposed zoning regulations would allow a reduced setback along the south property line to 19’ and allow “O1” Office uses to include “Dance Schools and similar uses” and Site Plan to expand and revise the exterior of the existing structure and propose a future medical office building. All additions and new buildings are proposed to be a three-step stucco process veneer with barrel roofing and comply with the City’s masonry requirements. The proposed additions and new buildings will be constructed in phases and the applicant has provided a schedule of when this phasing is to occur under Attachment ‘C’ of this staff report. st ACTION NEEDED: 1) Consider 1 Reading approval of a Zoning Change and Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information- Link to PowerPoint Presentation (D) SPIN Report (E) Site Plan Review Summary No. 2, dated February 17, 2012 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-617 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Matt Jones (817) 748-8269 Case No. ZA12-009 BACKGROUND INFORMATION OWNER: Edward Moayyad APPLICANT: Blake Architects PROPERTY SITUATION: 190 S. White Chapel Boulevard LEGAL DESCRIPTION: Lot 4, H. Granberry NO. 581 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “CS” Community Service Zoning District REQUESTED ZONING: “S-P-1” Detailed Site Plan Zoning District HISTORY: -A special use permit for a church use was approved with the passage of Ordinance No. 261-44 in December of 1982. - A plat showing for Lot 4, Hiram Granberry No. 581 Addition was approved in February 1994 and filed in the County in March of 1994. - The “CS” community service district zoning was placed on the property with the adoption of the Comprehensive Zoning Ordinance No. 480 and the corresponding official zoning map in September of 1989. - A request for a Zoning Change and Site Plan (ZA04-020) was brought before the P&Z Commission on May 6, 2004 and was tabled (6-0) until July 8, 2004. On July 8, 2004 it was tabled on Consent (7-0) until August 19, 2004.On August 19, 2004 the request was tabled indefinitely on consent (7-0) on request of the applicant. SOUTHLAKE 2025 PLAN: Consolidated Land Use Plan Under the Southlake 2025 Consolidated Land Use Plan the subject property is designated as Office Commercial land use designations. Pathways Master Plan & Sidewalk Plan The Pathways Plan indicates an 8-foot sidewalk at the front of the subject property along S. White Chapel Blvd. This sidewalk is proposed to be installed as a part of Phase 1 of the proposed project. TREE PRESERVATION: The applicant is required to preserve at least 70% of the existing tree cover on site with this request and has met this requirement. CITIZEN INPUT: A SPIN meeting was held on February 9, 2012 at Southlake Town Hall and the SPIN Report is attached below in attachment D. PLANNING & ZONING COMMISSION: March 8, 2012; The case was tabled to the March 22, 2012 Planning and Zoning Commission meeting (4-0) at the request of the applicant. March 22, 2012; The Planning and Zoning Commission recommended approval with the requested variances (6-0) subject to the findings in the Case No. Attachment A ZA12-009 Page 1 Staff Report dated March 16, 2012. STAFF COMMENTS: Attached isSite Plan Review Summary No. 2, dated March 2, 2012. N:\Community Development\MEMO\2012 Cases\006 - SP - White's Chapel United Methodist Church\Staff Report Case No. Attachment A ZA12-009 Page 2 Case No. Attachment B ZA12-009 Page 1 Plans and Support Information Case No. Attachment C ZA12-009 Page 1 Site Plan Case No. Attachment C ZA12-009 Page 2 Elevations Case No. Attachment C ZA12-009 Page 3 Tree Preservation Plan Case No. Attachment C ZA12-009 Page 4 Landscape Plan Case No. Attachment C ZA12-009 Page 5 SPIN MEETING REPORT CASE NO. ZA12-009 PROJECT NAME: Moayyad Medical Office Building SPIN DISTRICT: SPIN # 10 MEETING DATE: January 9, 2012; 7:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A – 3B TOTAL ATTENDANCE: Five (5)  SPIN REPRESENTATIVE(S) PRESENT: Ron Evans (# 10)  APPLICANT(S) PRESENTING: Skip Blake, Blake Architects  STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Matt Jones, Planner I, (817)748-8269; mjones@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation  The property is located at 190 S. White Chapel Boulevard Development Details  The applicant is requesting a zoning change and site plan for medical office buildings. The current zoning is CS – Community Service District; the proposed zoning is O-1 – Office District. The current land use designation is Office Commercial which is consistent with this zoning request. There is currently one existing building that is one-story and approximately 2,366 square feet. The applicant is proposing to add 950 square feet on the west side. The request also includes a Phase 2 building that is one-story and approximately 3,700 square feet. The following plans were presented at SPIN: Case No. Attachment D ZA12-009 Page 1 QUESTIONS / CONCERNS  No one outside of city staff, SPIN rep, applicant and property owners attended the meeting, however, two people came in after the meeting adjourned and talked briefly with the applicant. No questions or concerns were formally noted. SPIN Meeting 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 parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA12-009 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA12-009 Review No.: Two Date of Review: 03/28/12 Site Plan Project Name: – Moayyad Medical Offices APPLICANT: ARCHITECT: Edward Moayyad Blake Architects 1201 Champion Way 1202 S. White Chapel Blvd., Suite A Southlake, TX 76092 Southlake, TX 76092 Phone: 817-329-9199 Phone: 817-488-9397 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED SITE PLAN RECEIVED BY THE CITY ON 02/17/12 AND THE PROPOSED S-P-1 LETTER RECEIVED 03/22/12 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 MATT JONES AT (817) 748-8269. 1. The following changes are needed with regard to driveways: a. The minimum driveway centerline spacing along N. White Chapel is 250 feet. This plan proposes use of an existing driveway which is approximately 70 feet from an existing driveway approach accessing the undeveloped property to the north. (Variance requested) b. The minimum stacking depth required is 75’. The minimum stacking depth provided is (Variance requested) approximately 30 feet c. Provide a common access easement covering the full width of driveway from N. White Chapel Boulevard and to the connecting access easement stubbing into the north boundary from the adjacent property to the north. Provide the documentation of the filing of the easement prior to issuance of a building permit. 2. Please verify that the elevations meet the following design guidelines. “Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications.” 3. Label the type of masonry to be used on the dumpster. Masonry must match the principal building materials. 4. Please update the plans (Site Data Summary, etc.) to reflect the S-P-1 zoning narrative dated March 22, 2012. Case No. Attachment E ZA12-009 Page 1 Tree Conservation/Landscape Review Case No Review No.Dated: Number of Pages: . 12-009 Two March 2, 2012 1 Project Name: Moayyad Medical Office Building (Zoning Change & Site Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on January 25, 2012 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== * LANDSCAPE COMMENTS: 1. Color code landscape plan specific to each plant type. 2. The proposed building additions are over 5,000 square feet so the entire interior landscape and required bufferyards must be brought into compliance with the most current regulation of the Landscape Ordinance and Bufferyards section of the Zoning Ordinance. QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. The Landscape Administrator may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a Registered Landscape Architect or other qualified professional. OTHER COMMENTS: 1. Please ensure that the proposed sidewalk/trail matches and connects into the existing sidewalks/trail. Case No. Attachment E ZA12-009 Page 2 Case No. ZA12-009 Review No. 1 Dated: 1/26/12 Number of Pages: 1 Project Name: Moayyad Medical Office Building Contact: Steve Anderson, Civil Engineer Phone: (817) 748-8101 Fax: (817) 748-8077 Email: sanderson@ci.southlake.tx.us The following comments are based on the review of plans received on It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1.Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. * Use the City of Southlake GPS monuments whenever possible. PLAT COMMENTS: 1. Not provided. * Water meters and fire hydrants shall be located in an easement or in the ROW. * All sewer lines in easements or ROW must be constructed to City standards WATER AND SANITARY SEWER COMMENTS: 1. The water service and irrigation service need to tie to the main. * Water meters and fire hydrants shall be located in an easement or in the ROW. * The fire line shall be separate from the service lines. * One meter per service line. * All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1.The Storm Water Utility Fee will be adjusted at the time of issuance of the “Certificate of Occupancy” for the increase in impervious coverage. * The drainage from this development is generally to the west. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 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. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City’s sewer, water or storm sewer system. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment E PUBLIC WORKS DEPARTMENT REVIEW - Page 1 ZA12-009 Page 3 Informational Comments: * SPIN Meeting held January 9, 2012. SPIN District #10. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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. * Denotes Informational Comment Case No. Attachment E ZA12-009 Page 4 Surrounding Property Owners White’s Chapel United Methodist Church SPO # Owner Zoning Land Use Acreage Response 1. First Financial Bank O1 Office Commercial 1.23945 NR 2. Nmen Ltd CS Office Commercial 0.949888 NR 3. Leaverton, Kevin O SF20A Medium Density Residential 0.908702 NR 4. Neal, Neil Etux Dana SF20A Medium Density Residential 0.459573 NR 5. Murphy, Tyler C SF20A Medium Density Residential 0.477688 NR 6. Davis, Keith Etux Lisa A SF20A Medium Density Residential 0.514 O 7. White's Chapel Meth Ch CS Public/Semi-Public, Low Density Residential 24.38201 NR 8. Lechler, Gloria Etal O1 Office Commercial, 7.667509 NR 9. Southlake, City Of AG Low Density Residential 0.717 NR 10. White's Chapel Cemetery CS Public/Semi-Public 1.723933 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received: One (1) Case No. Attachment F ZA12-009 Page 1 Property Owner Responses Case No. Attachment G ZA12-009 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-617 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 DESCRIBED AS LOT 4, H. GRANBERRY NO. 581 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.959 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM O-1” OFFICE 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 “O-1” Office 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 H ZA12-009 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 and 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 Case No. Attachment H ZA12-009 Page 2 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 described as Lot 4, H. Granberry No. 581 Addition, Southlake, Tarrant County, Texas being approximately 0.959 acres, and more fully and completely described in Exhibit “A” from “O-1” Office Zoning District, to “S-P-1” Detailed Site Plan Zoning District as depicted on the approved Site Plan attached hereto Case No. Attachment H ZA12-009 Page 3 and incorporated herein as Exhibit “B,” and subject to the following 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 H ZA12-009 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 H ZA12-009 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. rd PASSED AND APPROVED on the 1st reading the 3 day of April, 2012. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY th PASSED AND APPROVED on the 2nd reading the 17 day of April, 2012. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment H ZA12-009 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Case No. Attachment H ZA12-009 Page 7 EXHIBIT “A” RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. Attachment H ZA12-009 Page 8 EXHIBIT “B” RESERVED FOR APPROVED SITE PLAN Case No. Attachment H ZA12-009 Page 9