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Item 6ACITY 01 SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 29, 2012 CASE NO: ZAl2 -007 PROJECT: Zoning Change & Site Plan for Nolen Office Park EXECUTIVE SUMMARY: On behalf of Nolen Medical Investments, LLC, Office Equity Solutions is requesting approval of a Zoning Change and Site Plan from "AG" Agricultural District to "S -P -1" Detailed Site Plan District for Nolen Office Park on property described as Tract 11A, Thomas Easter Survey, Abstract No. 474, Southlake, Tarrant County, Texas and located at 300 S. Nolen Dr., Southlake, Texas. SPIN Neighborhood # 8. REQUEST DETAILS: The proposed zoning change and site plan allows for the construction of an approximately 12,000 square foot medical office building on an approximately 1.996 acre tract of land. The applicant has met with the two adjacent property owner's to the north regarding Village Center Drive (see Project Description in Attachment C). The applicant is proposing to dedicate half of the Village Center right -of -way (across both lots), construct a new drive approach onto S. Nolen Dr. as shown on the Site Plan, and to pay a roadway impact (street fee) in -lieu of constructing Village Center Drive. The proposed "S -P -1" uses and regulations are based on the "O -1" Office District uses and regulations with the following exceptions: Additional Uses Supporting health service fields; i.e. medical specialists, dialysis clinic, medical imaging, physical therapy, audio therapy, speech therapy, prescription pharmacy Develooment Reaulations Front Yard: There shall be a front yard of not less than thirty (30) feet. If the lot fronts two streets, the front yard setback may be reduced to fifteen (15) feet adjacent to one of the two streets. Rear Yard: There shall be a rear yard of not less than ten (10) feet. Building Articulation: Articulation will be as shown on the site plan and elevations. Parking: Parking shall be provided at the ratio of one parking space per every 164 square feet of floor area. Case No. ZAl2 -007 Tree Preservation VARIANCES REQUESTED: ACTION NEEDED ATTACHMENTS: STAFF CONTACT: For property sought to be zoned "S -P -1" Detailed Site Plan District, the City Council shall consider the application for a Tree Conservation Plan in conjunction with the corresponding development application. The applicant is proposing that approximately 21.8% of the existing tree canopy be preserved as shown on the Tree Conservation Plan. The property owner to the north is in opposition and he represents more than twenty percent (20 %) of the 200' buffer area. A supermajority vote will be required for approval. 1) A variance is requested to reduce the driveway stacking depth for both driveways from the required seventy -five (75) feet to fifty (50) feet as shown on the submitted Site Plan. 2) A variance is requested to reduce the driveway separation from the Village Center intersection at S. Nolen Dr. from 200 feet to 150 feet per the Site Plan. 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN Meeting Report (E) Site Plan Review Summary No. 5, dated August 15, 2012 (F) Surrounding Property Owners Map (G) Ordinance No. 480 -619 (H) Full Size Plans (for Commission and Council Members Only) Dennis Killough (817)748 -8072 Richard Schell (817)748 -8602 Case No. ZAl2 -007 BACKGROUND INFORMATION /e1 »I[91ALl116 PROPERTY ADDRESS: PROPERTY DESCRIPTION LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING I:I6 to] Zvi SOUTHLAKE 2030 PLAN Case No. ZAl2 -007 Nolen Medical Investments, LLC Office Equity Solutions 300 S. Nolen Dr. Tract 11A, Thomas Easter Survey, Abstract No. 474 Mixed Use "AG" Agricultural District "S -P -1" Detailed Site Plan District There is no development history on this property. Consolidated Land Use Plan The underlying land use designation of this property is "Mixed Use ". The proposed office development is consistent with the recommended scope of uses under the "Mixed Use" land use designation. In addition, this property is included in the Crooked /Kimball Small Area Plan. The Small Area Plan recommends master planning of the mixed use area, with the preference to have lower intensity uses in the vicinity of the subject property. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan do not show any trail or sidewalk segments adjacent to the proposed site, however, five (5) foot sidewalks are required along all adjacent public streets with all developments requiring a City Council approved site plan. The required sidewalks are shown on the site plan along Village Center Drive and Nolen Drive. Attachment A Page 1 I I :7 _ 1 ki 61 10] :4 f_ l 1101 ki ASSESSMENT: Master Thoroughfare Plan & Median Plan The Master Thoroughfare Plan recommends Nolen Drive to be a three lane undivided arterial with seventy (70) feet of right -of -way north of the intersection with Crooked Lane. The Plan recommends Village Center Drive to be a two lane undivided collector with sixty (60) feet of right -of -way. However, the Crooked /Kimball Small Area Plan includes a recommendation to "consider the creation of a new 60' ROW 2 -lane divided collector (C2D) with medians and left- turn /stacking lanes at intersections in the Mobility Plan to apply to the Village Center Extension roadway ". Existin_g Area Road Network and Conditions Nolen Drive is currently a four lane facility adjacent to the subject property. Village Center Drive has not been constructed east of Kimball Avenue. Traffic Count Traffic Impact Current Proposal Medical - Dental Office Buildin 12,000 1 434 1 29 1 15 1 21 1 32 WATER & SEWER: The water line to be constructed with this development is proposed to connect to the future 8" Water Line on Village Center Drive. The sewer line to be constructed with Phase 1 of this development is proposed to connect to the existing 8" sewer line at the intersection of S. Nolen Dr. and Crooked Ln. TREE PRESERVATION: For property sought to be zoned "S -P -1" Detailed Site Plan District, the City Council shall consider the application for a Tree Conservation Plan in conjunction with the corresponding development application. The applicant is proposing that approximately 21.8% of the existing tree canopy be preserved. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for this project was held by the applicant on April 9, 2012. A SPIN Report is included as Attachment D of this Staff Report. PLANNING AND ZONING COMMISSION ACTION: May 3, 2012; Motion to table the item to the May 17, 2012 meeting was approved (7 -0). Case No. Attachment A ZAl2 -007 Page 2 The AM /PM times represent the number of vehicle trips generated during the peak travel times on S. Nolen Dr. *Vehicle Trips per Day May 17, 2012; Motion to table the item to the June 7, 2012 meeting was approved (5 -0). June 7, 2012; Motion to table the item to the July 19, 2012 meeting was approved (6 -0). July 19, 2012; Motion to table the item to the August 9, 2012 meeting was approved on consent (5 -0). August 9, 2012; Approved (6 -0) subject to Site Plan Review Summary No. 4, dated August 1, 2012 with the 2 requested variances; 1) the reduction in the stacking depth for the driveways from 75 -ft. to 50 -ft. and 2) reducing the separation between Village Center intersection with the driveway from 200 -ft. to 150 -ft. per the site plan. CITY COUNCIL ACTION: August 21, 2012; Approved at 1 reading (4 -0) approving the two variances, the first being to driveway stacking from the required seventy -five (75) feet to fifty (50) feet for both driveways and the second being to reduce the driveway separation from the Village Center intersection at S. Nolen Dr. from 200 feet to 150 feet per the site plan and subject to Site Plan Review Summary No. 4 dated August 1, 2012. STAFF COMMENTS: The property owner to the north is in opposition and he represents more than twenty percent (20 %) of the 200' buffer area. A supermajority vote will be required for approval. Attached is Site Plan Review Summary No. 5, dated August 15, 2012. Case No. Attachment A ZAl2 -007 Page 3 Vicinity Map Nolen Office Park F � SOOT y`AkF 8 Vp (FNj 1, w Q J J a m Y N ZAl2 -007 Zoning Change and Site Plan 300 S. Nolen Dr. N C 00 0 350 700 1,4 S Feet Case No. ZAl2 -007 Attachment B Page 1 r * *] ki IIki [Hki /_1N0li %I1T /4 a F 0 a o Baird, Hampton &Brown, Inc. Q Engineering & Surveying August 1, 2012 Dennis Killough, AICP, Deputy Director Planning and Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Tel 817- 748 -8072 RE: NOLEN OFFICE PARK Medical Office Building Development So. Nolen Drive, Southlake Mr. Killough: Submitted herewith are the revised /conformed Zoning, Site Plan and Preliminary Plat documents for Nolen Office Park; a proposed medical office building development on South Nolen Drive. These plans, and the associated supporting documentation, are provided for consideration by Planning & Zoning and the City Council. The applicant is Office Equity Solutions (OES). With over 30 years of experience in the business, OES are specialists in office and retail development and leasing. They are a local firm, with offices on Miron Street, and will be represented by us, Baird, Hampton & Brown — Engineering & Surveying (BHB). Additional information on OES is available on their website; www.officeegtiitysolutions.com In the following paragraphs, we've tried to address the development issues that have been identified thus far: This 3.84 -acre, two -lot, office park is located on the west side of South Nolen Drive, and approximately 600 feet south of Southlake Boulevard. Development of the first lot, adjacent South Nolen Drive, is anticipated to proceed immediately; and we understand, the second lot will follow at a later date. The first lot accommodates a 12,000 SF medical office building. The primary tenant is a colorectal surgeon; the other tenant is anticipated to be a dermatologist. The second lot provides another 12,000 SF office building; also for medical use. 2030 Plan Village Center Drive, a 2 -lane undivided roadway, is planned to extend along this development's north property line. The proposed roadway is anticipated to provide a 40 -ft pavement within a 60 -ft right -of- way. We've met with the two adjacent property owners to the north, who will also be impacted by this proposed roadway, coordinated with city staff, and identified an alignment for Village Center Drive that we believe is reasonable and consistent with the 2030 Plan. Please refer to the submitted Plat and Site Development Plan. DELIVERING INNOVATIVE DESIGN SOLUTIONS 4550 S.H. 360, Suite 180, Grapevine, TX 76051 / Tel: 817 - 251 -8550 Fax: 817 - 251 -8810 / TBPE Finn #44 w-ww.BHBINC.com Case No. Attachment C ZAl2 -007 Page 1 Denlm's Killough, AICP August 1, 2012 Page 2 Zo 1�lin : The current zoning is AG (agricultural) and the future land use is noted as Mixed Use. This development proposes to rezone the front lot from AG to SP -1 Site Plan Zoning District with an underlying zoning of Office District. The remaining lot will be rezoned at a later date. Specifics on the SP -1 Zoning are described in the enclosed document, titled Nolen Office Park SP -1 Detailed Site Plan Zoning_ Site Plan To accompany the SP -1 Site Plan Zoning application, a complete and detailed Site Plan set of drawings has been prepared for Lot 1. This includes a Site Plan, a Preliminary Drainage Analysis, a Preliminary Grading & Drainage Plan, a Preliminary Utility Plan, a Tree Conservation Plan, a Landscape Plan and Building Elevations. Additionally, a conceptual layout has been provided for Lot 2. We are seeking a Site Plan approval for Lot 1; zoning and site plan applications for Lot 2 will be submitted at a later date. Plate The development has prepared a Preliminany Plat for the overall 3.84- acres; dividing the property into two lots, and identifying the proposed right- of-way dedication for Village Center Drive. A Final Plat for the front lot will be submitted upon approval of the Site Plan. The back lot will be platted /developed at a later date. We understand construction of Village Center Drive, as proposed on our Site Plan, will require right- of-way dedication by this development's Lot 1 and Lot 2; and we are prepared to dedicate this right- of-way at this time. Please refer to the preliminary plat and enclosed letter from Mr. Williams (owner of Lot 2). Village Center Drive We've had numerous discussions and meetings with the two adjacent property owner's to the north regarding Village Center Drive... Both Mr. ShankEn and Mr. Cesander have indicated that they support our development, but are not interested in dedicating their right -of -way at this time. Furthermore, we've not been successful 111 negotiating a reasonable fee to acquire their half of the right -of -way. Therefore, we propose to dedicate our half of the sight- of-way (across both lots), construct a new drive approach, onto S_ Nolen Drive, as shown on the Site Development Plan; and to pay a roadway impact (street fee) ill -lieu of constructing Village Center Drive. We will also escrow for the sidewalk along Village Center Drive. This new /proposed drive approach is located 150 -ft away from the future Village Center Drive; which is the minimum separation distance (intersection to driveway) for a collector grade roadway. S. Nolen Drive is classified as an arterial from E. Southlake Boulevard to Crooked Lane, and as a collector south of Crooked Lane. The separation distance for an arterial is 2.00 - ft; however, we believe 150 - is reasonable at this location; approximately +330 -ft from Crooked Lane. Please note that the proposed drive approach does not align directly across the street from a future driveway recently approved as part of a zoning change with concept plan (No. ZA11 -027). Furthermore, we are not able to shift the proposed drive approach far enough south to align with the future driveway. To address this offset, we've coordinated with the owner, and have determined that the future driveway may be shifted to align with our proposed drive approach. Please refer to enclosed letter from Mr. Williams, owner of the property across the street. Public Infrastructure As part of this first phase of the development we anticipate constructing (1) a public sidewalk along S. Nolen Drive, (2) a public water line, and (3) a pubic sanitary sewer line. Please refer to the enclosed Site Plan and Preliminary Utility Site Plan for clarification and alignment of the proposed infrastructure. 4550 S.H. 360, Suite 180, Grapevule, TX 76051 / Tel: 817 -251 -8550 Fax: 817 -251 -8810 / TBPE Firm #44 Case No. Attachment C ZAl2 -007 Page 2 Dennis Killough, AICP August 1, 2012 Page 3 Furthermore, a storm drain system, that captures on -site storm water runoff and conveys it to an existing public drainage easement, will also be constructed; please refer to the Preliminary Grading & Drainage Plan. SPIN Meeting Our project is located in SPIN #8; we've contacted the SPIN Representative, and attended /participated m a SPIN Meeting on April 9th. With this application, we respectfully request consideration of the following two variances: 1. Reduce the driveway stacking depth from 75 -ft to 50 -ft, per the submitted Site Development Plan. 2. Reduce the intersection to driveway separation distance from 200 -ft to 150 -ft per the Site Dev. Plan. Item 1, the stacking depth requirement is driven by the number of parking spaces and number of driveways. Until Village Parkway is constructed, and depending upon the timing of the development of Lot 2, the total number of parking spaces per available driveway (to Village Parkway and S. Nolen Drive) triggers a need to provide a stacking depth of 75 -ft. Please note the proposed driveway provides for left -turn and right -turn out lanes, and consider allowing for a 50 -ft stacking depth onto S. Nolen Drive and Village Parkway. Item 2, the intersection to driveway separation distance, is triggered by the classification of S. Nolen as an arterial; however, S. Nolen is classified as a collector approximately ±240 -ft. east of this location. In addition, we are aware of the following two site plan development regulations requiring approval: A. Reduce the parking requirements from 82 (1 space per 146 SF) to 73 (1 space per 164 SF of Bldg.). B. Reduce the tree preservation requirement from 40% to 22% per the submitted Tree Conservation Plan. Our ability to provide the required number of parking spaces (Item A), is limited by significant site layout revisions to accommodate a new drive approach onto S. Nolen Drive. Had we been successful obtaining the required off -site right -of -way, then we would have been able to meet the required parking count. However, and based upon our experience with similar facilities, a parking ratio of 1 space per 164 SF of building is reasonable. Should you have any questions, please do not hesitate to call; I may be reached at 817 - 251 -8550 x301. Thank you, BHB Engineering & Surveying � 1( aD Konstantine Bakintas, P.E. Principal, Sr. Civil Enguieer 4550 S.H. 360, Suite 180, Grapevine, TX 76051 / TeL 817 - 251 -8550 Fax: 817- 251 -8810 / TBPE Firm #44 Case No. Attachment C ZAl2 -007 Page 3 Deflnis Killough, AICP August 1, 2012 Page 4 Enclosure: Nolen Office Park SP -1 Zoning Site Plan (Package Set of Plans) Mr. Williams Right -of -Way Letter — May 2012 Mr. Williams Driveway Letter -Jul 2012 CC: Office Equity Solutions e:\ 2011. 000 .000 \2011.719.001 \dots \project d —ipd.. foa s ,W.ke - jW'12.d- 4550 S.H. 360, Suite 180, Grapevine, TX 76051 / Tel: 817- 251 -8550 Fax: 817 -251 -8810 / TBPE Firm 444 Case No. Attachment C ZAl2 -007 Page 4 PROPOSED S -P -1 REGULATIONS AND VARIANCE REQUESTS a n � o L a o 3 Baird, Hampton & Brow, Inc. Q Engineering & Surveying Nolen Office Park SP- I Detailed Site Plan Zoning Page 1 of 2 This SP -1 Detailed Site Plan Zoning district is a commercial category designed and intended for the exclusive use of medical office and professional office and office related activities. It is established with the base zoning criteria stipulated in 0-1 Office District zoning per Section 18 of the City of Southlake Zoning Ordinance. 18.1 PURPOSE AND INTENT — Per 0-1 Office District 18.2 PERMITTED USES - Per 0-1 Office District with the following revisions: a. Additional Uses — Supporting health service fields; i.e. medical specialists, dialysis clinic, medical imaging, physical therapy, audio therapy, speech therapy, prescription pharmacy. 18.3 ACCESSORY USES - Per 0-1 Office District 18.4 SPECIFIC USE PERMITS - Per 0-1 Office District 18.5 DEVELOPMENT REGULATIONS - Per 0-1 Office District with the following revisions: b. Front Yard: There shall be a front yard of not less than thirty (30) feet. If the Lot fronts two streets, the front yard setback may be reduced to fifteen (15) feet adjacent one of the two streets. d. Rear Yard: There shall be a rear yard of not less than ten (10) feet. j. Building Articulation: Building articulation shall be as shown on the building elevations. 18.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY Per 0-1 Office District — Not Applicable 18.7 SITE PLAN - Per 0-1 Office District 18.8 SPECIAL EXCEPTION USES - Per 0-1 Office District DELIVERING INNOVATIVE DESIGN SOLUTIONS 4550 S.H. 360, Suite 180, Grapevine, TX 76051 / Tel: 817 - 251 -8550 Fag: 817 - 251 -8810 / TBPE Firm #44 www.BHBINC.com Case No. Attachment C ZAl2 -007 Page 5 Nolen Office Park SP -1 Detailed Site Plan Zoning Page 2 of 2 SITE PLAN REGULATIONS 1. Reduce the parking requirements from 82 (1 space per 146 SF) to 73 (1 space per 164 SF of Bldg.) per the submitted Side Development Plan. 2. Reduce the tree preservation requirement from 40% to 22% per the submitted Tree Conservation Plan. PLAN VARIANCE REQUESTS - 1. Reduce the driveway stacking depth from 75 -ft to 50 -ft per the submitted Site Development Plan. 2. Reduce the intersection to driveway separation distance from 200 -ft to 150 -ft per the Side Development Plan e:\ 2011.000 .00012011.719.0011docs \sp -1 detailed site plan zoning.docx 4550 S.H. 360, Suite 180, Grapevine, TX 76051 / Tel: 817- 251 -8550 Fax: 817 - 251 -8810 / TBPE Firm 944 Case No. Attachment C ZAl2 -007 Page 6 SITE PLAN BUFFERYARD SCHEDULE N SUMMARY CHART - INTERIOR LANDSCAPE L ---- - - - - - �,£ - - -- - -- - -- - -- aew r�� RON a 1 0 MA 1, =NT C9 Case No. Attachment C ZAl2-007 Page 7 SPIN MEETING REPORT CASE NO.: ZAl2 -007 PROJECT NAME: Nolen Office Park SPIN DISTRICT: 8 MEETING DATE: April 9, 2012 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: • SPIN REPRESENTATIVE(S) PRESENT: Pattie Minder, SPIN #8 • APPLICANT(S) PRESENTING: Matt Macleod — Office Equity Solutions Konstantine Bakintas, P.E. — BHB J.C. Garcia, P.E. — BHB • STAFF PRESENT: Daniel Cortez, Planner I STAFF CONTACT: Richard Schell (817)748 -8602; rschell @ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation: The property is located at 300 S. Nolen Drive between Southlake Blvd. (F.M. 1709) and Crooked Lane on the west side of Nolen Drive. w.o.. Eeai co..,�:.e.i i �.0 o.: Eew conErwaa E»n�ro� t � CEgtlr.inwxcEP E�¢ >l ' ' � {{ t CI. P �- _ --- _�_ � - _ - - -_ -T »N METAbE - -- E'wwY - -------- EE[IE/. -- - ` - -- ;T11T r Q »con+o iall .k..� , row.1� lil .» iuo :o�.cd.m.2mi »R..c wa.- com rMn»E �— - ��s ernar w�sn � cd►»rtiause�ia AIC.i. a.»� I EauEEeE. are w�u w. so v \ .pvE C �anana.a y `� u�eveaEem»r \ \\�� Development Details: This site is approximately 3.84 -acre lot which is proposed to be a two -lot office park located on the west side of South Nolen Drive, and approximately 600 feet south of Southlake Boulevard. Development of the first lot, adjacent to South Nolen Drive, is anticipated to proceed immediately; and the second lot will follow within approximately one year. The first lot accommodates a 12,000 SF medical office building. The primary tenant is a colorectal surgeon; the other tenant is anticipated to be an endocrinologist. The second lot provides another 12,000 SF office building; also for medical use. Case No. Attachment D ZAl2 -007 Page 1 QUESTIONS & DISCUSSION • How many employees will be on staff there? Approximately 12 staff members. • What hours will you be operating? Eight to Five, normal business hours. • What kind of lighting will there be? c, Not sure of the exact type, but we do intend on complying with all City lighting requirements 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 ZAl2 -007 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZAl2 -007 Review No.: Five Date of Review: 08/15/12 Project Name: Site Plan — Nolen Office Park APPLICANT: Matt Macleod Office Equity Solutions 365 Miron Dr. Suite A Southlake, TX 76092 Phone: (817) 416 -3981 E -mail: mmacleod @officeequitysolutions.com SURVEYOR/ENGINEER: J.C. Garcia, P.E. Baird, Hampton and Brown Engineering & Surveying, Inc. 4550 SH 360. Suite 180 Grapevine, TX Phone: (817) 338 -1277 E -mail: jcgarcia @bhbinc.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/02/12 AND 08/15/12 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 RICHARD SCHELL AT (817) 748 -8602 OR DENNIS KILLOUGH AT (817) 748 -8072. Revise the site plan to remove a tower feature west of the main entrance on the south side of the building or provide elevations that show the tower feature. 2. Relocate the driveway on S. Nolen Dr. away from the power pole line shown in the driveway or relocate the pole with construction. 3. The following issues pertain to Village Center Drive: a. The proposed Village Center Drive alignment straddles two properties. Acquisition of right - of -way from the adjoining property owners to the north will be required. b. All lots must front on a street. Applicant proposes to pay impact fees in lieu of constructing Village Center Dr. 4. Show the relocated 10' X 50' off - street loading space on all plans. The applicant has provided a site plan showing the loading space relocated out of the fire lane to a space that was previously shown as a sidewalk area along the west side of the building. This site plan is included in the staff report and PowerPoint presentation, but the full size copies were printed before the change was made. Tree Conservation /Landscape Review Keith Martin Landscape Administrator Phone: (817) 748 -8229 E -mail: kmartin @ci.southlake.tx.us IN: 721410101L l R]21 :1VA1[07►[d01ky,IJi14ki11&1 For property sought to be zoned "S -P -1" Detailed Site Plan District, the City Council shall consider the application for a Tree Conservation Plan in conjunction with the corresponding development application. The applicant is proposing that approximately 21.8% of the existing tree canopy be preserved. Case No. Attachment E ZAl2 -007 Page 1 2. The existing tree cover preservation calculations include the area and existing trees within the proposed public right -of -way. The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. 3. The 10" Elm ( #216) tree proposed to be preserved on the west corner of the access drive from the proposed right -of -way will most likely be altered by the proposed waterline. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE AND LANDSCAPE SUMMARY CHARTS: Existing tree credits are proposed to be taken for the north bufferyard, south bufferyard, and interior landscape required plantings. Please ensure that the existing trees taken credit for can be and are properly preserved in order to take the existing tree credits. Any altered trees will not count toward existing tree credits. 2. The parking lot landscape island in the row of parking spaces south of the building is smaller in width than the required 12'. Parking lot islands shall have a minimum width of 12' back -to -back if curbed or 13' edge -to -edge if no curb is intended, and shall be equal to the length of the parking stall. 3. Shrubs, ornamental grasses, ground cover or a combination of these plant materials need to be placed in the two (2) proposed landscape areas at the ends of the parking spaces on the west end of the property. 4. The required bufferyard plant material does not have to be directly within the confines of the bufferyard area as long as it is in the general area and serves the same purpose. # Indicates required items. Indicates informational items. Public Works /Engineering Review Alex Ayala Civil Engineer Phone: (817) 748 -8274 E -mail: aayalaCaD-ci.southlake.tx.us GENERAL COMMENTS A ROW permit shall be obtained from the Public Works Operations Department for connections with the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748 -8082. 2. The turnaround radius must conform to fire department standards of 50' min and all fire lane radii must be 30' minimum. 3. The curb return radius for driveways must be 30' minimum. Case No. Attachment E ZAl2 -007 Page 2 4. Show proposed sidewalks along S. Nolen Dr. and Village Center. Must comply with TDLR/ADA accessibility standards. The Architectural Site plan will need to be submitted to TDLR for review. Street intersections must comply with TDLR/ADA accessibility standards. Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments. This review is preliminary. Additional requirements may be necessary with the review of construction plans. EASEMENTS 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. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Additional right -of -way will be needed at the Georgetown Park property when Lot 2, Block 1 is developed. The fire hydrants and water meters must be located in an easement or right -of -way. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines and sewer lines in public easements or ROW must be constructed to City standards. WATER COMMENTS 1. Verify spacing between proposed fire hydrant and the future fire hydrant at the intersection of Village Center Drive. Fire hydrants shall be spaced at a maximum of 300 linear feet apart, or 600 linear feet if buildings contain a sprinkler system. The fire lines need to be separate from the service lines. SANITARY SEWER COMMENTS 1. The sewer needs to be extended north to the property line. All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS 1. The documentation, record drawings and any calculations which demonstrate that detention is not required should be included as part of the construction drawings submittal and labeled "For Information Purposes Only ". Contact the Public Works Department for record drawings at (817) 748- 8082. 2. A flood study to prove that detention is not required may be needed as part of the civil construction plan submittal. 3. The culvert under the driveway will need to be sized to convey the 100 year storm. 4. Drainage divides are difficult to read; they blend in with surrounding lines. Case No. Attachment E ZAl2 -007 Page 3 All storm sewers collecting runoff from the public street shall be RCP. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS Submit 5 sets of the civil construction plans (22 "x34" full size sheets) and a digital set of half size sheets (11 "x17 ") with a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http:// www. citvofsouthlake. com/ Pub ]icWorks /engineeringdesign.asp A Developer's Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. 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. Fire Department Review David Barnes Fire Marshall Phone: (817) 748 -8233 E -mail: dbarnesC@-ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2006 I.F.C. Sec. 903.2.10.6 as amended) Submit plans to Reed Fire Protection at 14135 Midway Rd. Suite G260, Addison, TX, 75001 Phone # 214 - 638 -7599. Backflow protection for the fire sprinkler system may be in the building at a riser (instead of in a vault) if the riser is within 100 feet of a water main. Fire sprinkler systems are required to be monitored for water flow and valve tamper if over 20 sprinkler heads are on a system. (per 2009 I.F.C. Sec. 903.4 as amended) Submit plans to Reed Fire Protection at 14135 Midway Rd. Suite G260 Addison, TX, 75001 Phone # 214 - 638 -7599. Fire department sprinkler connections are to be five inch Storz connections (or equivalent) with 30 degree elbow and a Knox locking cap. FIRE LANE COMMENTS: Fire apparatus access needs to be provided to within 250 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis. Fire apparatus access, if necessary, needs to be all weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus. Case No. Attachment E ZAl2 -007 Page 4 Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 75,000 Ibs GVW). Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2006 I.F.C. Sec. 503.2.4 as amended and policy dated 05 -27 -93 and updated 07- 18 -97) FIRE HYDRANT COMMENTS: Hydrant may be required depending upon building construction type and square footage and locations of existing hydrants. (per 2009 I.F.C. Section 508.1. as amended) Hydrants to have Hydra -Storz connections with butterfly vanes (or equivalent) on pumper outlet for five -inch diameter hose. Hydrants are required at a maximum spacing R -3 and U Occupancies of 400 feet unsprinklered and 600 feet sprinklered. All others are 300 feet unsprinklered and 600 feet sprinklered. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. The Fire Department connection for the sprinkler system must be within 100 feet of a fire hydrant. INFORMATIONAL COMMENTS: All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2009 I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. FDC connections must have a Knox Locking Cap. A SPIN meeting was held on April 9, 2012. Placement of Village Center Drive as shown will create a nonconformity with an approved driveway to the north. Minimum spacing required between a driveway centerline and an intersecting right of way is 200' and the approved drive to the north is approximately 184' away. The City Engineer has approved the 184' spacing. Subdivision Ordinance No. 483, Section 8.01 (A) as amended, requires that every lot shall abut on a public or private street. A 30' front building line is required along both S. Nolen Dr. and the future Village Center. An S -P -1 regulation to allow the 15' building line along Village Center has been added. The location of Village Center Dr. shown on the Southlake Mobility and Master Thoroughfare Plan does not dictate the alignment of the street. The alignment of Village Center Dr. is subject to City Council approval. For property sought to be zoned "S -P -1" Detailed Site Plan District, the City Council shall consider the application for a Tree Conservation Plan in conjunction with the corresponding development application. The applicant is proposing that 33.92% of the existing tree canopy be preserved. Except for those requirements that are modified in the S -P -1 zoning regulations, the property must meet the requirements of the Non - residential Overlay Zone. Case No. Attachment E ZAl2 -007 Page 5 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. It appears that this property lies within the 75 LDN D /FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Except as otherwise approved under the propose "S -P -1" zoning this development is subject to "Non- Residential Overlay" requirements of the Zoning Ordinance No. 480, Section 43 (IV). The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment cc: Case No. Attachment E ZAl2 -007 Page 6 SURROUNDING PROPERTY OWNERS Nolen Office Park • • 1. • Williams, Roger G Etal SP2 Office Commercial 1.56 4 2. S -Si Southlake Two Lp SP2 5 2.53 NR 3 Cesander, Laurence P Etux P L 01 Retail Commercial 1.59 O 4. Btr -8 Southlake Llc SP2 Retail Commercial 5.76 6 1 Shanklin, Harold Est & Richard AG Retail Commercial 4.26 O 6. Williams, Roger Glenn Etal AG Mixed Use 2 F 7. White, Elbert Clark Jr 7 Mixed Use 15.85 NR • • 1. • Williams, Roger G Etal SP2 Office Commercial 1.56 .. F 2. S -Si Southlake Two Lp SP2 Office Commercial 2.53 NR 3. Cesander, Laurence P Etux P L 01 Retail Commercial 1.59 O 4. Btr -8 Southlake Llc SP2 Retail Commercial 5.76 NR 5. Shanklin, Harold Est & Richard AG Retail Commercial 4.26 O 6. Williams, Roger Glenn Etal AG Mixed Use 3.59 F 7. White, Elbert Clark Jr AG Mixed Use 15.85 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received Seven (7) Three (3) NR: No Response Case No. Attachment F ZAl2 -007 Page 1 Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: �� 1 / s ^J Gt yZ l�'! 1 G� Date•' ❑ Address QtQ E !P -1/ (Include City and State) I wish to share my views on an Agenda Item: Agenda Item # TQ I will speak in SUPPORT of this item -1 will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION ❑ Citizen Comments (for an item on this agenda) s a Phone: 5/ �6 - 9 - 1 L ) PF. U Signature: Required, Cards will not be read into the record unless is signed. Case No. Attachment F ZAl2 -007 Page 2 Maa 13 12 04:43p Larry Cesander 5088395970 p.1 Notification Response Form ZAl2 -007 Meeting Date: May 3, 2012 at 6:30 PM Cesander, Laurence P Etux P L PO Box 187 Westborough Ma, 01581 15253) 1 1 R3 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of r opposed to 1 undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Sianaature: Additional Signature: Date: 0l-JBf IZ Date: Printed Name(s): L- -WRNA Q. Ir U_. CA - zr - _ Must be property owner(s) whose name(s) are printed at top. Otherwise Contact the Planning Department_ One form per property. Phone Number (optional): Case No. Attachment F ZAl2 -007 Page 3 May 13 12 04:43p Larry Cesander 5 088395970 p.3 To: City of Southlake Planning & Development Services 1400 Main Street, Suite 310 Sotithlake, Texas 76092 From: Laurence P. Cesander Post Office Box 187 Westborough, MA. 01591-0187 Date: May 13, 2012 Ike: Nolen Office bark Addition Zoning Change and Site Plan As the owner of property that will be significantly and negatively impacted by the proposed Nolen Office Park Addition, and specifically the proposed "Village Center Drive ", I am opposed to the approval based in part on the following facts: * The proposed right of way cuts across undeveloped property until it gets to my developed property (Lot 1 -It -3, Block 1, Ueorgetown Park). At my property, instead of utilizing undeveloped property to the South of my property or to the South of the tract in question, it cuts into my developed lot. c This encroachment reduces the size of my lot by dramatically reducing the vegetation along the back side of my property. This vegetation was part of the original planldevelopment/requirements of my property. o The proposed "Village Center Drive" eliminates 75% of the vegetation I enjoy along the back side of my property, and vegetation4andscaping that was integral to the original development. In some parts, the Nolen Office Park Addition proposal completely eliminates any Iandscape barrier and diTec connects to my parking area. o This proposal significantly reduces the privacy and quiet enjoyment that was part of the original development of any property, part of what I purchased, and part of what my tenants consider a. reason they have of in my building. o Adding more office space should not come at the expense of underminiag the initial development and requirements of existing office space/development. • As presented, the proposed "Village Center Drive" would directly connect to my parking area. My parking area would then become a NortwSouth corridor for traffic between Southlake Boulevard and the new "Village Center Drive ". o My parking area is not a road. It is not designed to offer any level of through traffic. It is simply a parking area, and generally a full parking area at that. o My parking area is not wide enough to be considered a throughway, there is parking on both sides, and there is pedestrian traffic from the parking spaces to my office building on what the Nolen Office Park Addition wants to make a road through my property. o My parking area, and the direction this proposal ftarmtels traffic, is not a straight shot to Southlake Boulevard. My parUng area snakes belt ad any building (south Case No. Attachment F ZAl2 -007 Page 4 May 19 12 04:43pa Larrzj Cesander 5088395370 p.4 side), then along the East side of the building, then runs parallel along the front of my building, and then it takes a sharp turn. towards (North/South) Southlake Boulevard. At Southlake Boulevard there is no access. At this point it requires another sharp right or left turn through tight parking areas to get out to Southlake Boulevard. Any level of additional traffic through these very tight and winding parking areas would not only be a nuisance to owners, tenants, and customers in Georgetown Park, it would be outright dangerous. o My parking area, as well as all of the roads in Georgetown Park are private driveways and privately maintained, These paved areas were never built or intended for public traffic. Additional traffic through Georgetown Park would not only put a significant amount of new, unnecessary and dangerous traffic through this office complex, it would create an additional and unfair cost burden on the private owners_ As presented, the proposed "Village Center Drive' cuts across the back part of my parking area eliminating several valuable parking spots and the locatiorn of ruy durrnpster. I do not have the luxury of lasing parking spots. In addition the relocation of the dumpster would have to come at the cost of a) losing more parking spots, b) moving it to the front of the building, or c) moving it very close to the back door of the building, None of these options are acceptable. Being in the back of this complex, we have already experienced break -ins and burglaries. Additional precautions have been taken including heightened security systems, new lighting;, and the removal & relocation of trees blacking visibility to the front of the building. One current deterrent is the visibility along the front of our building from the Nortbl South Georgetown Dark driveway and the path that anyone committing a crime would have to take as an escape route. Currently, anyone committing a crime on my property would have to complete this long, visible drive: and then exit on Southlake Boulevard_ Connecting Amy parking area in the back to a less - traveled, less - visible, less- policed side toad will no doubt increase crime and burglaries to my building. Please do not approve this proposal as presented. However, I would be supportive of this proposal if it did not cut across the back of my property, reduce my protective vegetation & landscaping buffer, connect to my parking area, or place any additional traffic through Georgetown Panic. Thank you for this consideration. Sncerel 1✓auzen.e P. Ccsander 508 -839 -9205 (office) 508- 839- 5970(fax) 413 -388 -1099 (cell) Case No. Attachment F ZAl2 -007 Page 5 na5 13 12 04:44p L-arr-tj Cesander 5088395970 P-5 F--- 1-4 tmz�� I h -7 HER E 4i 1 -2 -T kll Case No. Attachment F ZAl2-007 Page 6 Mai 13 12 04z49p LarrU Gesander 5068395970 p.6 p i 7 7� o� gig o �A w m v Ry 8 e ro 7 o a 2.. u g>� % slate aEVaopgglnxrnr aly ,7 I Offiee Equity Solutions iii o y f�A �� B F �'� MOEFYi�€FIeE PAEtlf 1 a N jjjj cq � � R_ a THWIIB ElIRTPji 44RYEY,A6@rpAt7 H0. G7C �Imllarcrnawwrcounv.rexas a0.; fl£IISdP OEIK B ��. IfpflF�pi1. � �llNll� kIG. _I 1 K II R §H zi S 1 — IL LUI' Li ` f 11 I �` - -- 1 - 1 — z p Ii' +LL j I � iiiili o �A w m v Ry 8 e ro 7 o a 2.. u g>� % slate aEVaopgglnxrnr aly ,7 I Offiee Equity Solutions iii o y f�A �� B F �'� MOEFYi�€FIeE PAEtlf 1 a N jjjj cq � � R_ a THWIIB ElIRTPji 44RYEY,A6@rpAt7 H0. G7C �Imllarcrnawwrcounv.rexas a0.; fl£IISdP OEIK B ��. IfpflF�pi1. � �llNll� kIG. _I 1 K II R §H zi S 1 — IL LUI' Li ` f 11 I �` - -- 1 - 1 — z p Ii' +LL o �A w m v Ry 8 e $ ro 7 « " g slate aEVaopgglnxrnr aly 99q Offiee Equity Solutions 1 !LF �� B F �'� MOEFYi�€FIeE PAEtlf •. trn��.. ray..w. a N jjjj cq � � R_ a THWIIB ElIRTPji 44RYEY,A6@rpAt7 H0. G7C �Imllarcrnawwrcounv.rexas a0.; fl£IISdP OEIK B ��. IfpflF�pi1. � �llNll� kIG. _I 1 K II R §H zi S 1 — IL LUI' Li ` f 11 I �` - -- 1 - — z p j _ iiiili $ ro 7 « " g slate aEVaopgglnxrnr aly 99q Offiee Equity Solutions 1 !LF �� B F �'� MOEFYi�€FIeE PAEtlf •. trn��.. ray..w. a N jjjj cq � � R_ a THWIIB ElIRTPji 44RYEY,A6@rpAt7 H0. G7C �Imllarcrnawwrcounv.rexas a0.; fl£IISdP OEIK B ��. IfpflF�pi1. � �llNll� kIG. _I 1 K II R §H zi S 1 — IL LUI' Li ` f 11 I [� i t o gi " � 3 � p yg q g ._ ! O 4 yR x 6L ; 99q I , t a v i 1 a jjjj & I _I 1 K K G 5 nv- Case No. Attachment F ZAl2 -007 Page 7 o gi " � 3 � p yg q g ._ ! O 4 El a a 99q � a jjjj & I 1 K II R §H zi S 1 — IL LUI' Li ` f 11 I �` - -- 1 - K G 5 nv- Case No. Attachment F ZAl2 -007 Page 7 o gi " � 3 � p yg q g ._ ! O 4 El a a 99q � jjjj `riii p j _ iiiili K G 5 nv- Case No. Attachment F ZAl2 -007 Page 7 May 18, 2012 Dennis Mough, AICP, Deputy Director Planning and Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Tel 817 -748 -8072 RE: NOLEN OFFICE PARK Medical Office Building Development So. Nolen Drive, Southlake Mr. "ought As you know, we own the tract of land on So. Nolen Drive and recently sold a portion of the property to Nolen Medical Investments; and our property abuts the West property line of the proposed Nolen Office Park development. Please be informed ihat eve are familiar with this proposed project, and are writing to express our support of this medical office development We've met with Office Equity Solutions and have been provided with a complete set of their preliminary plans and their project narrative. We understand the City's 2030 Plan proposes Village Center Drive be extended from Nolen Drive westward, and we believe the proposed alignment is reasonable. We also understand that the proposed roadway aligntent requires a small right -of -way dedication from our property; and we are prepared to provide it Should you have any questions, please do not hesitate to call. Thank you, 6 0 Roger Williams LI' Tel: 061 q gq CC: Office Equity Solutions Case No. Attachment F ZAl2 -007 Page 8 July ?, 2012 Dennis Killough, AICP, Deputy Director Planning and Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Tel 917-748-8072 RE: NOLEN OFFICE PARK Medical Office Building Development So. Nolen Drive, Southlake Mr. Killough: As you know, we own the tract of land, on the east side of South Nolen Drive, directly across the street from the referenced project. Out property, known as Lot 1 R Cornerstone Business Park, was recently re -zoned (ZA11 -027) with a concept plan. We are writing to again document our support of the proposed Nolen Office Park project, and to acknowledge that their proposed drive approach cannot lineup exactly with the drive approach shown on our concept plan. We understand that when our project proceeds to the site planning stage, we may need to shift our drive approach to line -up with theirs. We have no objections to accommodating a small shift of our approach, and support their development as submitted. Should you have any questions, please do not hesitate to call. Thank you, Roger Williams Tel 817 - 489 -3141 CC: Office Equity Solutions e:12011.000,00012011 714.000ocsWte plan application packag6williarns Ietter to somlake.docx Case No. Attachment F ZAl2 -007 Page 9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -619 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 TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.996 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZAl2 -007 Page 1 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 Case No. Attachment G ZAl2 -007 Page 2 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 Tract 11A, Thomas Easter Survey, Abstract No. 474, Southlake, Tarrant County, Texas, being approximately 1.996 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S -P -1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following conditions: 1. Case No. Attachment G ZAl2 -007 Page 3 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 ZAl2 -007 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 Case No. Attachment G ZAl2 -007 Page 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 St reading the 21 day of August, 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of , 2012. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZAl2 -007 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZAl2 -007 Page 7 EXHIBIT "A" Being described as Tract 11A, Thomas Easter Survey, Abstract No. 474, Southlake, Tarrant County, Texas, being approximately 1.996 acres, and more fully and completely described below: Reserved for Corrected Metes and Bounds Description Case No. ZAl2 -007 Attachment G Page 8 EXHIBIT "B" Reserved for Approved Development Case No. Attachment G ZAl2 -007 Page 9