Item 6BCITY OF
SOUTHLAI<,-E
Department of Planning & Development Services
STAFF REPORT
January 30, 2013
CASE NO: ZA12-093
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 "0-
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
Case No.
ZA12-093
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 2nd reading approval of a Zoning Change and Site Plan
2) Conduct a public hearing
(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
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
ZA12-093 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.
CITY COUNCIL: On January 15, 2013; approved first reading (7-0) subject to Revised
Review Summary No. 3 dated January 3, 2013 and Staff Report dated
January 9, 2013, granting the following variances 1) 8' solid fence
required along the along the east boundary line 2) 5' Type `A' bufferyard
along the south and west boundary and 3) driveway stacking depth and
noting the applicants compliance with the City's cross access
regulations to the property to the east.
STAFF COMMENTS: Attached is Revised Review Summary No. 3, dated January 3, 2012.
Case No. Attachment A
ZA12-093 Page 2
Vicinity Map
Zelda Office Development
ZA12-093
Zoning Change and Site Plan
803 E. Southlake Blvd.
N
LE
0 485 970 1,940
s I i Feet
Case No. Attachment B
ZA12-093 Page 1
PROPOSED SITE PLAN
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Case No. Attachment C
ZA12-093 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA12-093 Revised Review No.: Three
Project Name: Site Plan — Zelda Office Development
APPLICANT:
Blake Architects
Phone: (817) 488-9397
Fax:
Date of Review: 1/03/13
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
ZA12-093 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
ZA12-093 Page 2
Fire Review
Case No. ZA12-093 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 ofplans received on 10-03-2012. Comments may be 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
ZA12-093 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
ZA12-093 Page 4
Tree Conservation/Landscape Review
Case No. ZA12-093 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
ZA12-093 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
ZA12-093 Page 6
Case No.
ZA12-093
Review No.
2
Date:
10/10/12
Number of
Pages:
1
Project Name:
Rucker Addition Site Plan
Contact:
Alex Ayala —Civil Engineer
Email:
aayala ci.southlake.tx.us
Phone:
(817) 748-8274
Fax:
(817)748-8077
The following comments are based on the review of plans received on: 10/1 /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
ZA12-093 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.cityofsouthlake.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
ZA12-093 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
ZA12-093 Page 9
Building Inspections Review
Case No. ZA12-093 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
ZA12-093 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
ZA12-093 Page 11
Surrounding Property Owners
Zelda Office Development
SPO
E Owner
Zoning
Land Use
Acreage
Response
1.
Foxborough Hoa Inc
SF20A
Medium Density Residential
1.49
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
Case No.
ZA12-093
O: Opposed To U: Undecided
Eight (8)
One (1) In Favor; Two (2) Opposed
NR: No Response
Attachment E
Page 1
Property Owner Responses
Notification Response Form
ZA12.093
Meeting Date: November 8, 2012 at 6:30 PM
Rucker, Zena Sullivan
650 S Carroll Ave
South lake Tx, 76092
A 899 3C
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:
r'
r
n
Signature' ❑ate:
Additional Signature: ❑ate:
Printed Name(s):
Must be property owneris) v,h❑se name(s) are printed at top. Otherwise contael the Planning Department. One form per property.
Phone Number (optional).
Case No. Attachment F
ZA12-093 Page 1
Notification Response Form
ZA12-093
Meeting Date: November 8, 2012 at 5:3I3 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 so noted above, are hereby
in favor of apposed to undecided about
(circle or underline one)
the proposed Zoning Change and Site Plan referenced above.
Space for comments regarding your position:
Signature:
Additional Signature:
Date:
Date:
Printed Names):
Must be property owner(&) whose narrc(s) are printed at top. Otherwise contact the Planning Oepar_ment. One fowl pnr property.
Phone Number (optional):
Case No. Attachment F
ZA12-093 Page 2
Notification .Response Form
ZA12-093
Meeting Date: January 3, 2013 at 6:30 PM
Mayes, Billy W Etux Carolyn
PC) Box 92863
South lake Tx, 76092
A 899 3A01
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE STARS OF THE SCHEDULED PUBLIC HEARING.
Being the awner(s) of the property so noted above, are hereby
in favor of Lppsed to undecided about
(circle or underline one)
the proposed Zoning Change and Site Plan referenced above.
Space for comments regarding your position.
fly �—
Signature:. Date: r� f
Additional Signature- Date:
Printed Names): �_' A R--L,r a --Y�
Must be property owner(&) -whose name(s) are prWded at top.
Phone Number (optional):
wise cantect the 'tanning Dep®rhnent. One form per property.
Case No. Attachment F
ZA12-093 Page 3
Dec- 28, 21312
Billy _ and Carolyn J. Hayes
PC) Box 92863
807 Fast Scuthlake Blvd.
5outhlake, TX 76D92
RE: Z" Preliminary Pla'(ZA12 107) wid Zoning Change/Site I'lan (CA12-093)meet irig of05/03f12 -or
Z€ Ail Office Development ;-Tract 3A, Ube�ian W. (night, Survey, Abstract;t899 located at 803 East
Scuthlake Blvd to be known initially as Rucker Medical Office Center and now as Zelda Office
Development-
Summary-
1`t rneet:ng of K/08112 ---- ►ve did nut have suffic:ir-nt and detailc,c. int4rmatien at this timr. : v
Nid requested one meeting (via phcne with Mr. Art Blake, Architect) on 10/30f12 (prior to the first P/L
meetirp) with the parties to discuss our concerns but did not rcc:elve d reply
At the time of this meeting we requested, verbaIIV, two r"ioretiimes to have a discussion with all
the parties present (after the postponement of thrc rr:c uti-ig. WP hiwc iot rvf.vivnd any reply to either
of those r❑quests.
e are opposed, but limited tc, for the following items:
Main concern is the fence between this development and our
AG/residential arcpert�r
1.) Must be secure for our livestock from bath our side and from curious on-
lookers from the site side—th is wou Id be on the east side of the
propused site
a) Material
b) How will poles be secured into the -round
c) How will fence be secured to the poles
d) height
ej Length — frcm southern (stubbed in Zena Rucker Road) to northern
boundary (FM 1709) or anlyfram the prDposed end of the first ❑f
three total buildinps/parking lots on the southern end to northern
end? Since the parties have stated that itis the intentions for the
total property to be developed (at Bost 3 total building and similar
to type and location as the first one) we feel we reed to kanow this
information at this time. We would prefer the entire southern to
northern property fence he put in place at the time the first building
1s built ... this would allow for the consistence of
materlalfagin gJlaoks as well as provide greater fivestack security
Case No. Attachment F
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f) How far zoning will allaw it to extend to the northern houndary,
toward (FM1709)
g) What kind of green space and vegetation will take over from the end
of the northern boundary of the fence toward FM1709
h) The maximum length of the green/vegetation allowed from the
northern end of the fence toward FM1.709—how much of our
property will have rao cover for privacy and security at all? Irt the
past we have had to cantact the police department when vehicles
are driven from the existing businesses taking a short cut across our
driveway and this included heavy building equiprment while the
eastern land was developed.
if Hoer far away fram the fence will the building be and what type of
vegetation will be placed in this space —there is thick motive mature
tree cower far over85% of the boundary now which allows for
privacy, livestock security, and noise abetment —as we understand
no,w the back of the proposed building will force ors too which could
very well be a very unpleasant view, especially far our back and
front yards
Ill. Others:
1) Location of the a/c and heating units ond how will they be shielded from
our view —once again the possibility of a very unpleasant view far us
2) Type and number of tenants ---initially named as Rucker Medical Office
Center andnow changed to Zelda Office Development
3) Operating hours --- we preferno weekends or late weekday hours and
we are even more concerned since the name of the development was
changed from MEDICAL to OFFICE
4) Lighting location and height
5) Part of our initial request of 10/30/12 with Mr. Art Blake was for
snMenne to COME to the proposed building Site and walk usthrough the
locations of the building/parking spaces, ctc. We were never contacted
about this. We feel this could have cleared up a lot of our general
questions and avoided any opposition.
Case No. Attachment F
ZA12-093 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
ZA12-093 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
ZA12-093 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 "0-
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
ZA12-093 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
ZA12-093 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
ZA12-093 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 15t" day of January, 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 5t" day of February, 2013.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment G
ZA12-093 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
ZA12-093 Page 7
1
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Case No. Attachment G
ZA12-093 Page 8