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Item 6ICITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT June 12, 2013 CASE NO: ZA13-047 PROJECT: Zoning Change Concept Plan/Site Plan for Lots 16 — 19 O.W. Knight No. 899 Addition EXECUTIVE SUMMARY: On behalf of Ascend Properties, Providence Bank and Star Real Estate, RPGA is requesting approval of a Zoning Change and Concept/Site Plan for Lots 16 —19 O.W. Knight No. 899 Addition located at 315-425 E. Southlake Boulevard for the purpose of amending the existing S-P-2 Generalized Site Plan District Zoning with "0-1" uses to allow limited "C-3" General Commercial District Uses limited to Ambulatory Surgery Center Use on Lot 18 located 415 E. Southlake Boulevard. REQUEST DETAILS: Ascend Properties, located on Lot 18 (415 E. Southlake Boulevard) with the assistance of RPGA and with the cooperation of the owners of Lots 16-17 (315-325 E Southlake Boulevard) and Lot 19 (425 E. Southlake Boulevard) is requesting approval of a Zoning Change and Concept/Site Plan for the purpose of amending the existing S-P-2 Generalized Site Plan District Zoning with "0-1" uses to allow "0-1" uses and limited "C-3" General Commercial District Uses limited to Ambulatory Surgery Center use only on Lot 18 located 415 E. Southlake Boulevard. There are no other changes proposed to the existing zoning, approved plans or existing buildings. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of the zoning change and concept/site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (Link to PowerPoint (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Reserved for Ordinance No. 480-353a STAFF CONTACT: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Case No. ZA13-047 -Tit•1 "fel :tell] ki 113 1 ki 1701 N ►yi /el I Eel ki OWNER: Ascend Properties, Providence Bank and Star Real Estate. APPLICANT: RPGA. PROPERTY SITUATION: 315-425 E. Southlake Boulevard with the specific change of permitted use on 415 E. Southlake Boulevard. LEGAL DESCRIPTION: Lots 16 - 19, O.W. Knight No. 899 Addition, with the specific change of permitted use on Lot 18 only. IW_1►100&1Key-Al 9xeZil:�'�i7ii[� • u�Ti�F11 CURRENT ZONING: S-P-2 Generalized Site Plan District w/ "0-1" Office District uses & regulations. PROPOSED ZONING: S-P-2 Generalized Site Plan District w/ "0-1" Office District uses & regulations, to allow limited "C-3" General Commercial District Uses limited to Ambulatory Surgery Use only on Lot 18 located 415 E. Southlake Boulevard. HISTORY: February 6, 2001 - City Council approved an S-P-2 Zoning Change and Concept Plan for this and three other adjacent lots. March 20, 2001 - A 4-lot Plat Showing was approved by City Council. October 5, 2004 - A Site Plan for Guaranty Bank was approved by City Council. March 18, 2008 - A site plan and SUP for Covered Parking was approved for Lot 18; P&Z ACTION: May 23, 2013; Approved (4-0) subject to the Staff Report dated May 17, 2013; CITY COUNCIL ACTION: June 4, 2013; Approved (5-0) allowing a generator per staff's review. STAFF COMMENTS: Due to the limited scope of this request, no additional review comments have been provided. A zoning request letter and concept/site plan exhibits have been provided in Attachment `C' of this report. Any placement of a generator on site shall require screening from view of adjacent public streets in compliance with applicable zoning regulations. Case No. Attachment A ZA13-047 Page 1 1yjIs] IkiIkwdMfi1� y 0 S E.-uthlaka Blvrd. yr_ _ 0 ZA 1 -047 Zoning & Concept/Site Plan 415 E. Southlake Blvd. *,0 320 64C 1.280 t Case No. ZA13-047 Attachment B Page 1 2 0' 1 R P G A DESIGN G R O U P, INC. E Zoning Request Letter 415 E. Southlake Blvd NARRATIVE SP-2 USE AND REGULATION DOCUMENT Zoning Change Application SP-2 with O-land the addition of limited C-3 Uses Dr. Sasha Obaid a Han-ard trained plastic surgeon and pediatric cramofacial surgeon who has been in the Southlake community for 5 years now. His practice also does all of the traditional procedures with plastic surgery such as tummy tucks, liposuction, etc.. In addition, however, a significant portion of my practice is dedicated to the care of children born with facial differences such as cleft lip and cleft palate. Southlake has been a tremendous location for his practice and growing fuuuly and he is proud to call it home. Dr. Obaid is currently in the process of setting up a new office and has put the property at 415 E. Soutlake Blvd wider contract for this purpose - The current zoning on this property is SP-2 with 0-1 uses. Basically, Office Commercial with general office and medical office. We are requesting the addition of limited C-3 uses to the zoning which is General Commercial and includes Ambulatory Surgical Centers in order for him to set up his complete office. As a plastic surgeon he has to have the ability to provide anesthesia for his patients who need small procedures or children who have uncomfortable problems that need to be fixed. The city's current zoning regulations require the C-3 to be included in the zoning to incorporate a surgical center which will allow Dr. Obaid to provide general anesthesia for his patients for their complete care. If you are not familiar with 415 E. Southlake property, it is an existing medical office building that was built two years ago. Dr. Obaid's plan would make no changes to the exterior appearance of the existing building. A small back up power source generator will have to be located either in an internal closet, on the roof (if possible) or the back of the building in close proximity to the existing electrical distribution for safety purposes but this will be relatively small and well screened from view as required by City Code to match the current dumpster screening. No anticipated increase in traffic or parking will be needed for this building as the space Dr- Obaid would use to provide anesthesia for his patients will simply occupy space originally anticipated as medical space. In effect, his one practice will occupy two medical office suites, thus decreasing the parking needed for the building. Per the current parking regulations/calculations the parking needs would be decreased by at least 7 spaces from the actual parking spaces that currently exist. As a plastic surgeon_ Dr. Obaid is committed to beauty and maintaining this property's current condition and will only decrease the parking requirements of the building. Approval of this request will better serve his patients and the children of Southlake by adding limited C-3 uses to the zoning at the property 415 E. Southlake Boulevard. For 415 E. Southlake Boulevard.we are requesting SP-2 Zoning with 0-1 uses and the addition of limited C-3 uses. Based on Section 35, Off -Street Parking Requirements , the actual calculated parking requirements would be reduced by 7 parking spaces from the existing parking spaces that currently exist. NO changes in the parking or impervious coverage are being requested. Thank you, Robert P. Garza, AIA, TSA, R.A., R.I.D. - Principal RPGA Design Group. Inc. - Architects 101 S. Jennings Avenue, Sude #100 FortWorth, Texas 76104 (817) 332-9477 (972) 445-6425 FAX (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com Case No. Attachment C ZA13-047 Page 1 Concept Plan Exhibit Case No. Attachment C ZA13-047 Page 2 Site Plan Exhibit cY NN s�ror cue - ��%4DM!Ib% SZPil S�/X�1 �Pd'IU1105 APO �Id1fI1f105'341b .o �HDad x� ie OINI10 N11 M �'�1H��05 � Case No. ZA13-047 Attachment C Page 3 Surrounding Property Owners Lot 16- 19 O. W Knight No. 899 Addition SPO Address OWNER ZONING LUD ACREAGE 600 E SOUTHLAKE 1 BLVD Holt Dental Care C2 Office Commercial 1.14 620 E SOUTHLAKE 2 BLVD Southlake Sleep Lp C2 Office Commercial 1.15 Qian, Yanlin Etvr Wen Xin 3 819 PEARL DR Wang SF1-A Low Density Residential 0.72 4 821 PEARL DR Philip, Isaac J Etux Reni J SF1-A Low Density Residential 1.25 291 E SOUTHLAKE 5 BLVD Calloway's Nursery Inc SP2 Office Commercial 3.11 315 E SOUTHLAKE Providence Bancshares 6 BLVD Corp SP2 Office Commercial 1.07 325 E SOUTHLAKE Providence Bancshares 7 BLVD Corp SP2 , Office Commercial 1.03 415 E SOUTHLAKE 8 BLVD Ascend Properties Ltd SP2 , Office Commercial 1.00 425 E SOUTHLAKE 9 BLVD Star Real Estate Company SP2 , Office Commercial 1.04 307 PARKWOOD Public/Semi-Public, Retail 10 DR South lake, City Of CS Commercial 12.69 535 E SOUTHLAKE 11 BLVD Citibank Texas RPUD Office Commercial 1.46 525 E SOUTHLAKE 12 BLVD Roentgen Real Estate Llc SP1 Office Commercial 1.17 310 E SOUTHLAKE Southlake Project Group 13 BLVD Lp SP1 Office Commercial 3.08 Case No. Attachment D ZA 13-047 Page 1 Surrounding Property Owner Responses Southlake Wellness Center Notices Sent: Eleven (11). Responses Received: None (0) Case No. Attachment E ZA 13-047 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-353a AN ORDINANCE AMENDING ORDINANCE NO.480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 16 - 19, O. W. KNIGHT NO. 899 ADDITION, AND BEING APPROXIMATLEY4.042 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES LIMITED TO AN AMBULATORY SURGERY CENTER USE ONLY ON LOT 18, LOCATED AT 415 E SOUTHLAKE, BOULEVARD AS DEPICTED ON THE APPROVED CONCEPT PLAN AND SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S-P-2" Generalized Case No. Attachment F ZA 13-047 Page 1 Site Plan District With "0-1" Office District Uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time Case No. Attachment F ZA 13-047 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: Lots 16 -19, O. W. Knight No. 899 Addition, and being approximatley4.042 acres, and more fully and completely described in exhibit "A" from "S-P-2" Generalized Site Plan District with "0-1" Office District uses to "S-P-2" Generalized Site Plan District with "0-1" Office District Uses and Limited "C-3" General Commercial District uses limited to an Ambulatory Surgery Center use only on Lot 18, located at 415 E Southlake, Boulevard as depicted on the approved Concept Plan and Site Plan attached hereto and incorporated herein as exhibit "B", subject to the specific requirements contained in this ordinance; 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. Case No. Attachment F ZA 13-047 Page 3 SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. 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 Case No. Attachment F ZA 13-047 Page 4 or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) 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 4th day of June, 2013. Case No. Attachment F ZA 13-047 Page 5 MAYOR /_1101x•09 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY U_11921 ADOPTED: a99x09m:4 Case No. Attachment F ZA 13-047 Page 6 EXHIBIT "A" Lots 16 -19, O. W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County Texas according to the plat recorded in Cabinet A, Slide 6628, Plat Records Tarrant County, Texas and being approximatley4.042 acres. Case No. Attachment F ZA 13-047 Page 7 EXHIBIT "B" 2 1 R P B' D 1 3 1 0 H 0 R 0 U K INC 415 E. Southlake Blvd N ARRATINIE Zoning Change Application SF-2 7Ai1h 0-laud the AildiliiuL of 1etrtilea C-3 Uses Dr. Sasha Obaid aHammdtrainedplastic surgecu and pediatric cianiofarial su ucs viho has been in the SoudA-Jw pomam ty for { years um. His praehrt also does all of the =&Donal procedumr. %huh plasur Surgen• such as n mmy Meks, hposlctlen, etc.. 1a additwo~ bvmnar- a si,-m5canrportion of me P"CU-Cf is cadieatrdw tht Cart of Children bare with fa:ia.l &ffirenCea sack as clefi lip and cleft palms. Scudlake has been o tenxmdatis location for his practi,3e and gro►riag fxdly and be is pro to call a home. L1f. r]k2i3 is curet ]y m the proem ofseUng up a WW office and has put dke p uTerty at 415 E. San dA-d�e Blvd uodn rontrart for ins VUgxFA- TLC currenT zn1ng on tins propftTy a 5P-2 wuh C�--1 use5. Basally. Office Conmummal %Tu prncral offirr and medwA office. We, ue regtksting the addition of limited C-3 uws to thezm6g which is Cmmal Commex al and ixkLks AmbAmory Swgical Cenien in order far him. to net up his camoplete office. As 7 plastic aurgeon lie ha¢ to hack the ability io prm ida araesehe¢ia for hie pauem who Dttd Swill puxvdiuts or dxildrev who hateuucondortable pmblrms tsat need10 be Eased. The city'& ttlriM xotuag rcgsd;6ms n%luzr the C'-3 to br inchukd in the za mg to worporae a stugic .� cenw which mill allow Dr Obaid to Pfc c'ide gesae,3l westkecis far his puieitt for do r coeviem c=re. If yco are nab fAmil.iau with 41; E. Saullakc preperry, it -,s an eattstine owdical officr building that was bails two years W. Df. C7haA'e y�1a,r wrnild olaiep Mn r�a�s�,•c to the rxier;rnr agt�vararww nr t}rr rx;ehi��g 1rivld;�o A crnxll 1ta.-le �y31� cnt�r�-r gc =%Qr will WL-c 1a 4c located nth" In an iwanal closet, an the roof (if aassiblc)ar+hc bxk of rhr bsulduig in clewpswriexury to the emsttng ekctmil distritution far safety pupo&m but this will be rthtvveh stroll and well screened E ma-,- w as required hp Cary Crvlr M mnitY der tkw~ rbu"r4trr t"e- riff No anti i„ated i33crease iu traffic of pariirtg willbe needed fox thi; building m the space Dr. Obaid A uld use ;u prop anr5thrSta lT h15 p3TIMIS ul11 Wnph U{CUln 5p7CC OngmaUy anhZlpated 25 Mecbcal Space. In erect. h15 one pracbrcu3ll occupy two medical oE`xce suites. thus decreasing the paxiingneeded For the building. Per the cLm-empuldog regulations'calculatious the poking needs would be demased by it least 7 spaces ftcnn the actual perking spaces that cwfeutly rwmi As a plastic surges Dr. Olsak is committed is beauty anal maintaining this propernfs current couditim and will only cecrea se the pining rrquurnrits of the buildhnp Approsal of this request will hewer sate ha pa m1g. and ihr children of Souihlakr b}- mWbg limiteiC-3 uses to the 2miiagg attire pfaperty415 E. S*Aialoe B Uevard. For 415 E 5oudd2 r ImAm-and we me rrqurshng 5P-2 ZDnMp oath ♦1L 1 uu-s Ynd the addiam of lmuted C-3 uses Rmed on Section 35, Cff-SteetPLmk6g R,equiFenents - the actual calculated parkiu4 reryuifemeatr waddbe reduced by 7 parking spaces from the Misting PAIL03F 5p3rc5 that rx=Tl. c=t. NO changes ur the pm' * or mpn4uom rovexage are b" Ftqursttd- Tlhuk you - Robert P. Garza, All, TSA, R.A., R.I.D. - Pnncipal RPGA Design Group, Inc- • Architects 101 S. JiM qs Ata-RA. S" *1 DO Fats Wxth, TMM 76114 (817) 332-W 7 (972) 445-6425 FAX (817) 332-DW iS%Ii RY-WKA ww&rpgaarthltert an Case No. Attachment F ZA 13-047 Page 8 Case No. Attachment F ZA 13-047 Page 9 / a �,� ,,, •°"'""•` - �97C#1'3�1'71111D4 '�h��f'111�9� � # 5 � � S t EAPW m I >i Ln x fi Case No. Attachment F ZA 13-047 Page 10