Loading...
Item 7A13 SOUTHLAKE CITY OF Department of Planning & Development Services STAFF REPORT January 9, 2013 CASE NO: ZAl2 -093 PROJECT: Zoning Change and Site Plan for Zelda Office Development EXECUTIVE SUMMARY: Blake Architects, on behalf of Zelda LLC and Rucker Family Trust, is requesting approval of a Zoning Change and Site Plan from "AG" Agricultural District to "O- 1" Office District for the purpose of constructing a 5,990 s.f. medical office building on approximately 0.91 acres located on a portion of Tract 3A, Obediah W. Knight, Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and being located at 803 E. Southlake Blvd. SPIN Neighborhood # 9. REQUEST DETAILS: ACTION NEEDED ATTACHMENTS STAFF CONTACT Blake Architects, on behalf of Zelda LLC and Rucker Family Trust, is requesting approval of a Zoning Change from "AG" Agricultural District to "0-1" Office District for the purpose of constructing a 5,990 s.f. medical office building on approximately 0.91 acres and consistent with the following variances are requested: 1) 8 ` Solid fence required along the along the east boundary line; 2) 5' Type `A' bufferyard along the south and west boundary; 3) Driveway stacking depth. If approved on first reading, due to opposition from surrounding property owners within 200 ft being in excess of 20 %, a Super Majority Vote (6 of 7 members) by the City Council will be needed in order to approve a second reading of this request. 1) Consider 1 St reading approval of a Zoning Change and Site Plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Review Summary No. 3, dated January 3, 2013 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -632 (H) Full Size Plans (for Commission and Council Members Only) Dennis Killough (817) 748 -8072 Matt Jones (817) 748 -8269 Case No. ZAl2 -093 BACKGROUND INFORMATION OWNER: Zelda LLC /Rucker Family Trust APPLICANT: Blake Architects PROPERTY SITUATION: 803 E. Southlake Blvd. LEGAL DESCRIPTION: A portion of Tract 3A, Obediah W. Knight, Survey, Abstract No. 899 LAND USE CATEGORY: Office Commercial CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "0-1" Office District HISTORY: The property was annexed into the City of Southlake in 1956 and has no further development history. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan / F.M. 1709 and F.M. 1938 Corridor Plan: The underlying land use designation for this property is "Office Commercial." The proposed office development is consistent with the recommended scope of uses under the "Office Commercial" land use designation. Carroll /1709 Small Area Plan: The extension of Zena Rucker Rd. is recommended for consideration as a 60' divided ROW with landscaped median and street trees, to serve as a parkway buffer between the office uses to the north and residential uses to the south. Buildings' backs facing Zena Rucker Rd. should be limited. Rear fagades should face the interior of the site. The plan recommends encouragement of green building practices, and the preservation and enhancement of existing creeks and ponds. Mobility & Thoroughfares Master Plan: The Mobility and Master Thoroughfares Plan identify the extension of Zena Rucker Rd. east to S. Carroll Ave. as a "60' C2U," or a 2 -lane undivided collector within 60' of right -of -way with turn lanes at key intersections. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan show a completed 8' sidewalk and a planned on- street bikeway along E. Southlake Blvd., as well as a planned 8' multi -use trail along the north side of E. Southlake Blvd., opposite the site. The plans also recommend a multi -use path along the extension of Zena Rucker Rd. 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: No SPIN meeting was held for this development. Public hearings will be Case No. Attachment A ZAl2 -093 Page 1 conducted at the corresponding Planning and Zoning Commission and City Council meetings. P &Z COMMISSION: November 8, 2012; Approved (7 -0) to table this request to the January 3, 2013 Planning and Zoning Commission meeting. January 3, 2013; Approved (4 -1) subject to Revised Review Summary No. 3 dated January 3, 2013 and Staff Report dated January 3, 2013, granting the variance 2) 5' Type `A' bufferyard along the south and west boundary and 3) driveway stacking depth and denying variance 1) 8 ` Solid fence required along the along the east boundary line. STAFF COMMENTS: Attached is Revised Review Summary No. 3, dated January 3, 2012. Case No. Attachment A ZAl2 -093 Page 2 Vicinity Map Zelda Office Development ZAl2 -093 Zoning Change and Site Plan 803 E. Southlake Blvd. N LT 0 485 970 1,940 S I i Feet Case No. Attachment B ZAl2 -093 Page 1 PROPOSED SITE PLAN ✓a3a/LI Zest - RWZIa • Z609Z — I'MrI44 -s 5 'd N X�J W . '�7I'd'1H1f105 an�� 371'd'iH1f105 ILla ear yaams . peoN �1`d 7 �!YM'S ZOZI if �0��Io m z S1D31IH�2Iy 3$ �' S soe3 en �.is.res I I ssm -u -cu s-o�M w�m won �w�,a � I > $$ I �I I I II � I I I I I� I Iz I I I Ip I I p I I I I I I� I I I I I I II I I I I I I „I I I I I I I I I I I I I t II I I I I I I I• \ I I •I I \ I I I I 1 1 \ I I I I \ I I I •I \ I I I I Ipl \ I 1 I I �Zo gl �I ry o� �I �I Ow g 5 1 RI J o'uY I I I I S I I R I I I I I I I II I I II II Y II II II L1 II A- � \ll I \ \I I II II II I 4yE §b' II da II I\ \\ \ 2 3W� F Q °'3>Uf Sk'dCH �� g a N Q d M, N $ Z amp h [w N �i 2� Q r z�oa>v� I TETT I� 1 i l l l l l l kT `\ -- 4” Case No. Attachment C ZAl2 -093 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZAl2 -093 Revised Review No.: Three Project Name: Site Plan — Zelda Office Development Date of Review: 1/03/13 APPLICANT: Blake Architects Phone: (817) 488 -9397 Fax: Owner: Zelda LLC /Rucker Family Trust 650 S. Carroll Ave. Southlake, Texas Phone: (817) 481 -1185 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/17/12 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 DENNIS KILLOUGH AT (817) 748 -8072. If any, show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. An 8' solid fence meeting the requirements of Ord. 480, Section 39.2(b) is required along the east property boundary of the development is required due to an existing occupied residential dwelling. (Variance requested). 2. The following changes are needed regarding bufferyards: a. A 5 'type `A' bufferyard is required along the south boundary. (Variance Requested) b. A 5' type `A' bufferyard with a linear footage and planting for approximately 235 linear feet is required along the west boundary. The Applicant proposes approximately 40 linear feet due to an existing Common Access Easement and Driveway. (Variance Requested) c. A minimum of 22 shrubs are required in the east bufferyard, 20 are shown. d. Please color -code the plant materials in the landscape plan to distinguish between plant types /species. 3. There appears to be existing tree cover along the east boundary. Label the type and size (DBH) of each tree. 4. Label and dimension the width of the medians of E. Southlake Boulevard. 5. The square footage labeled on the site plan (5,990 sf) and the information provided in the Site Data Summary (6,000 sf) are conflicting, please verify the correct information. 6. Show, label and dimension the width of any easements on or adjacent to the site or any easements needed for the development that will have a significant impact. An easement is needed for the portion of the trail shown within the lot boundary and must be provided on subsequent plats. Case No. Attachment D ZAl2 -093 Page 1 7. All driveways /points of ingess /egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Minimum stacking depth required from the ROW line is 75 feet. Approximately 52 feet is provided. (Variance Requested) b. Label the curb return radii driveway /fire lane radii. Driveways needed for a fire lane must have a minimum interior radius of 30 feet and exterior radius of 54 feet. Provide a stub and a common access easement to the property to the east for future common access. 8. Provide fire lanes in compliance with the City Fire Code. Show and label the fire lane width and any curve radii. Also label any radius of any curbs adjacent to the fire lane. Any dead -end fire lane exceeding 150 feet in length requires an approved "turn- around ". Case No. Attachment D ZAl2 -093 Page 2 Fire Review Case No. ZAl2 -093 Review No. 1 Dated: 10 -10 -2012 Project Name: Rucker Medical Office Center Number of Pages: 2 Contact: Kelly Clements, Assistant Fire Marshal Phone: 817 - 748 -8233 Fax: 817 - 748 -8181 The following comments are based on the review of plans received on 10 -03 -2012. Comments maybe incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: Automatic fire sprinkler system will be required for buildings over 6,000 square feet. (per 2009 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214 - 638- 7599.(Buildings shown at 6,000 square feet limitation) FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis for un- sprinkled buildings. Fire apparatus access needs to be an all- weather surface, asphalt or concrete, a minimum of 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) (Building A does not comply with 150 foot hose lay distance from fire lane) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2009 I.F.C. Sec. 503.2.4) Streets that are to be dead -end until the next phase of construction need to be provided with an approved turn- around for fire apparatus if the dead -end is more than 150 feet long.(Plans do not show an approved turn- around) FIRE HYDRANT COMMENTS: Hydrants to have Hydra -Storz connections with butterfly vanes on pumper outlet for five -inch diameter hose. Hydrants required at a maximum spacing of 300 feet for commercial locations that contain un- sprinkled buildings and a maximum spacing of 600 feet for commercial locations with completely sprinkled buildings. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid.(Add additional hydrant at entrance to property off of Southlake Boulevard if one is not present) Case No. Attachment D ZAl2 -093 Page 3 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 Box rapid entry systems installed. Boxes can be ordered at www.knoxbox_com or contact the Fire Marshal's Office. Case No. Attachment D ZAl2 -093 Page 4 Tree Conservation /Landscape Review Case No. ZAl2 -093 Review No. One Dated: December 20, 2012 Number of Pages: 3 Project Name: Rucker Medical Office Center (Zoning Change -Site Plan Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review ofplans received on December 17, 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. TREE CONSERVATION COMMENTS: Show and label all existing "protected" trees on the property noting the type size and whether to be preserved or removed. There are existing trees on both the east lines that follow the existing fence lines. These are shown but not labeled on the Landscape Plan. Label the type and size (DBH in inches) of each tree (6 inches or larger DBH). Green = Existing Tree to Remain Red = Exiting Trees to Be Removed Yellow = Marginal Trees Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2 -foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type V. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development X. Areas of encroachment into Critical Environmental Features identified on the site xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) Case No. Attachment D ZAl2 -093 Page 5 xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. * Although from the aerial photograph of the site and what is provided on the landscape plan, it appears compliance with the preservation requirements will be attained, for general Site Plan development approval a percentage of existing tree cover must be preserved based on the following requirements. Please provide information regarding the percentage of existing tree cover on the site and existing tree cover to be preserved. Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0%-20% 70% 20.1-40% 60% 40.1%-60% 50% 60.1%-80 40% 80.1 % - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of- way as approved by City Council. * 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 & BUFFERYARDS COMMENTS: * See bufferyard comments above in the site plan review. * Ensure that all of the parking lot landscape islands 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. USE OF BUFFERYARDS — A bufferyard may be used for passive recreation, such as pedestrian, bike, or equestrian trails, provided that; (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of Section 42 Bufferyards, of the Zoning Ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. Case No. Attachment D ZAl2 -093 Page 6 Case No. ZAl2 -093 Review No 2 Date: 10/10/12 Number of Pages: 1 Project Name: Rucker Addition Site Plan Contact: Alex Ayala —Civil Engineer Email: aayalaa-ci. south lake.tx.us Phone: (817) 748 -8274 Fax: (817)748 -8077 The following comments are based on the review of plans received on: 10/l/2012 It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of construction plans. Comments with * are information and /or will need to be addressed in the Civil Construction Plans. 2. 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. 3. All fire lane radii must be 30 -feet minimum and turnaround radii must conform to fire department standards of 50 -feet minimum. 4. Show the distance to the nearest drive or street in either direction from the proposed drive. Show and label the distance between the proposed drives. 5. Sidewalk widths must conform to the Southlake Pathways Plan. 6. The section of Zena Rucker Rd. along the southern property line shall be built with this project. * A detailed engineering survey shall be conducted on the western side of Zena Rucker Rd. for the purpose of establishing the alignment of the roadway in the easterly direction. * Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. * Street intersections must comply with TDLR /ADA accessibility standards. * Use the City of Southlake GPS monuments whenever possible. EASEMENTS AND RIGHT -OF -WAY (ROW): 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. Right -of -way dedication shall be required for Zena Rucker Rd. * Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER AND SEWER COMMENTS: Case No. Attachment D ZAl2 -093 Page 7 The fire hydrants and water meters must be located in an easement or ROW. Fire lines shall be separate from the service lines. All water and sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. A hydrology and hydraulic study shall be conducted to determine the 100 -year water surface elevation of the creek along the southeast property line. The study shall extend the limits of detailed study of Tributary BB -6 up to FM 1709. 2. A detailed engineering survey will need to be conducted of Tributary BB -6 to locate the center line and elevations of the stream banks. LIDAR generated cross sections of the stream are not acceptable for a detailed study. 3. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. In the event that it is required, the size, shape, and /or location of the detention pond will need to be shown on the plans prior to site approval. Any changes to the site plan for the addition of a detention pond may require a revision to the site plan and may need to be approved by the Planning and Zoning Commission and the City Council. 4. The difference between pre and post development runoff shall be captured in the detention pond(s). The proposed detention ponds shall control the discharge of the 2, 10 and 100 year storm events. Detention may be required with any new proposed building construction. Access easements are needed for maintenance of the detention pond. All storm sewers collecting runoff from the public street shall be RCP. This property drains into a Critical Drainage Structure #23 and requires a fee to be paid prior to beginning construction ($309.83 /Acre). 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. http:// www. citvofsouthlake. com/ PublicWorks /engineeringdesign.asp An access permit from TxDOT is required prior to construction of a driveway on FM 1709. Submit application and plans directly to TxDOT for review. 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. Case No. Attachment D ZAl2 -093 Page 8 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 D ZAl2 -093 Page 9 Building Inspections Review Case No. ZAl2 -093 Review No. 1 Dated: 10/10/12 Project Name: Rucker Medical Office Center Number of Pages: 1 Contact: Susan Hernandez, Plans Examiner Phone: 817 - 748 -8238 Fax: 817 - 748 -8241 The following comments are based on the review of plans received on 1019112. Comments maybe incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. Building code: Ambulatory Health Care Facilities, classified as group B, require automatic sprinkler systems when either of the following conditions exists at any time: 1. Four or more care recipients are incapable of self - preservation. 2. One or more care recipients who are incapable of self - preservation are located at oher than the lever of exit discharge serving such an occupancy. Accessibility: Verify HC parking meets state standards. Lighting: Site must meet the lighting ordinance Comments 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. Case No. Attachment D ZAl2 -093 Page 10 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. No permit for occupancy will be issued until all conditions of approval are met. Denotes Informational Comment Case No. Attachment D ZAl2 -093 Page 11 SPO # 1. Foxborough Hoa Inc Zoning SF20A Land Use Medium Density Residential Acreage 1.49 Response NR 2. Foxborough Hoa Inc SF20A Medium Density Residential 1.31 NR 3. Parmer, Fariba E Etvir David E SF20A Medium Density Residential 0.46 NR 4. Wood, Joel G Etux Tracy A SF20A Medium Density Residential 0.47 O 5. Herring, Erich J Etux Susan T SF20A Medium Density Residential 0.46 NR 6. Hov Re Llc SP1 Retail Commercial, Office Commercial 1.88 NR 7. Hcp Crs2 Ltach - Baylor Southlak SP1 Retail Commercial, Office Commercial 4.52 NR 8. Rucker, Zena Sullivan AG Office Commercial 2.65 F 9. Hayes, Billy W Etux Carolyn AG Office Commercial 2.91 O 10. Rucker, Zena Sullivan AG Office Commercial 6.70 F Responses: F: In Favor Notices Sent: Responses Received O: Opposed To U: Undecided Eight (8) One (1) In Favor; Two (2) Opposed NR: No Response Case No. ZAl2 -093 Attachment E Page 1 Surrounding Property Owners Zelda Office Development Property Owner Responses Notification Response Farm ZAl2 -093 Meeting Date: November 8, 2012 at 6:30 PM Rucker, Zena Sullivan 650 S Carroll Ave Southlake Tx, 76092 A 899 3C N OV a2012 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 opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Date :, Additional Signature: Date: Printed Names): Must be property owner(s) whose name(s) are printed at top. Othwwise contact the Planning Deparkrient. One form per property. Phone Number (optional): 2 z , ° / / / ? S� Case No. Attachment F ZAl2 -093 Page 1 Notification Response Forrn ZAl2 -093 Meeting Date, November 8, 2012 at 6:313 PM Wood, Joel G Etux Tracy A 803 Gateshead Ct Southlake Tx, 76092 14678M 2 4 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 sea no ted above, are hereby it favor of vppcsed to undecided about (circle or underline fine) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position; cu► a: r al Signature: Additional Signature: Date Date: 4� Printed Name (s): _ Must be property owner(s) whose rear {8) Sri printed at top. 0ttwwise contact the Pia nOng De par rnenL. One form pur property. Phone Number (optional): go-cm:)-l` C Case No. Attachment F ZAl2 -093 Page 2 Notification .Response Form ZAl2 -093 Meeting Date: January 3, 2013 at 6:30 PM Hayes, Billy W Ftux Carolyn PC) Box 92863 South lake T X r 76092 A 899 3A01 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX DR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC BEARING. Being the owner {s} of the property so noted above, are hereby in favor of �oppvsed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position I Signature: Date: f� f Additional Signature: Date: Printed Names): `Y� Must be pro pe-ty owner(s) vrhose name(s) are prk - ded at top. Phone Number (optional): 4 1- , , i t'3 . 4 A q �v- rs` Wea contect the Planning Departrnerrt Om form per prcoerty. Case No. Attachment F ZAl2 -093 Page 3 Dec. 28, 2012 Billy WN and Carolyn J. Hayes PO Box 9 863 807 East Southlake Blvd. Southlake, TX 76W2 RE: 2 "' Preliminary P1att(ZAl2 -107) and Zoning Change /Site Plan jZAl2 -03 }meeting of 06103/12 for Zelda Office 0 eve lopment (Tract 3A, Obediah W. Knight, Survey, Abstract #899 located at 803 East Southlake Blvd to be known initially as Rucker Medical office center and now as Zelda Office Development- Summary: 1' meeting of 11/03/12 - --- we clad not have sufficlent and detailed Information at this time. We had requested one meeting (via phone with Mr. Art Blake, Architect) on 10/30/12 (prior to the fi rst P/Z meeting) with the parties to discuss our conce rns but did not receive a reply At the time of this meeting we requested, verbally, two more times to have a discussion with a II the parties present (after the postponement of the meeting. '4'i!e have not received a ny reply to either of those requests. We are opposed, but limited to, for the following items: 1. Main concern is the fence between this development and our AG /Residentlai pronerty 1.) M ust be secure for our livestock from both our side and from curious on- lookers from the site side —this would be on the east side of the proposed site a) material b) How will poles be secured into the ground c) How will fence be secured to the poles d) Height e) Lan gth —from southern (stubbed in Zena Rucker Road) to northern boundary (FM 17O9) or only from the proposed end of the first of three total buildings /parking lots on the southern end to northern end? Since the parries have stated that it is the intentions for the total property to be developed (at least 3 total building and similar to type and location as Me f ast one) we feel we need to know this information art this tierce. We would prefer the entire southern to northern property fence be put in place at the time the first building Is built.. this would allow for the consistence of material /agingl7ooks as well as provide greater livestock security Case No. Attachment F ZAl2 -093 Page 4 How far zoning will allow it to extend to the northern boundary, toward (FM1709) g) What kind of green space and vegetation will take over from the end of the n:rarthem boundary of the fence toward FM1709 h) The maximum~ length of the green / vegetation allowed from the northern end of the fence toward FM7.709— howmuch of our property will have no cover for privory and security ut riff? In the past we have had to contact the police department when vehicles are driven from the existing businesses taking ca shortcut across our driveway and this included heavy building equipment while the eastern laird was developed. i) How far away from the fence will the building be and what type of vegetation will be placed in this space —there is thick dative mature tree cover for n ver 85 of the boundary now which allows fof griveuy, livestock security, and noise obetment— cis we understand now the back of the proposed building will face us too which could very well be a very unpleasant view, especially for our back and front yards H. Others: 1) Location of the a/c and heating units and ham+ will they be shielded from our view —once ,again the possibility of a very unpleasant view for us 2) Type and number of tenants -_ inidaily named as Rucker Medical Center crud "w changed to Zelda Ofike Development 3) Operating hours - -- we preferno weekends or late weekday hours and we are every more coacerned since the name of the development was changed from MFi7iCAL f4 QFRCE 4) Lighting location and height 5) Part of our initial request of 10/30/12 with Mr. Art Blake was for someone to cometD the proposed building site and walk usthrough the locations of the building /parking; spaces, cte. We were never contacted about this. We feel this couid have cleared up a lot of our general questions and avoided any opposition. Case No. Attachment F ZAl2 -093 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -632 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 A PORTION OF TRACT 3A, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.91 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "0-1" OFFICE 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, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment G ZAl2 -093 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 G ZAl2 -093 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 a portion of tract 3A, Obediah W. Knight survey, Abstract No. 899, City of Southlake, Tarrant County, Texas being approximately 0.91 acres and more fully and completely described in exhibit "A" from "AG" Agricultural District to "O- 1" Office District, as depicted on the approved site plan attached hereto and incorporated herein as exhibit "B" and subject to the following conditions: Case No. Attachment G ZAl2 -093 Page 3 • Reserve for conditions of City Council 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 G ZAl2 -093 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 G ZAl2 -093 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 1st reading the 15 day of January, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 5 th day of February, 2013. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZAl2 -093 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" Being on property described as: A portion of tract 3A, Obediah W. Knight survey, Abstract No. 899, City of Southlake, Tarrant County, Texas Case No. Attachment G ZAl2 -093 Page 7 EXHIBIT "B" II II II I I I I � � \\ I I \ II II II I II Case No. Attachment G ZA1 2-093 Page 8 —31 Case No. Attachment G ZA1 2-093 Page 8