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Item 7B13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT July 31, 2013 CASE NO: ZA13-066 PROJECT: Zoning Change and Site Plan for Medical Villas at Tuscan Creek EXECUTIVE SUMMARY: On behalf of Medical Villas at Tuscan Creek, Complete Emergency Care is requesting approval of a zoning change and site plan on property described as Lot 2R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 321 W. Southlake Boulevard, Southlake, Texas. The current zoning is "0-1" Office District. The proposed zoning is "S-P-1" Detailed Site Plan District. SPIN Neighborhood #10. REQUEST: On behalf of Medical Villas at Tuscan Creek, Complete Emergency Care is requesting approval of a zoning change and site plan from "0-1" Office District to "S-P-1" Detailed Site Plan District to allow the current "0-1" Office District uses to include a free standing emergency room medical facility and clinic with twenty-four hour operating hours, allowing ambulance service/transfers, and/or an urgent care medical clinic and related healthcare clinical services. The Texas Administrative Code, Chapter 131, requires Free Standing Emergency Medical Facilities to provide laboratory testing, provide radiology services such as X-rays and CT scans, be staffed by physicians and nurses trained in emergency medicine and have the ability to transfer patients to other medical facilities. The State of Texas requires free standing ER's to be open 24 hours a day, 7 days a week. Under the current 0-1 zoning, a free standing emergency room is not permitted and a rezoning at the site is required to permit this use. The requested site plan proposes changes to the existing exterior that include the construction of an entrance way with porte-cochere and back-up generator area (per state requirements). ACTION NEEDED: Consider approval of 1st reading for zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN Report dated May 20, 2013 (E) Site Plan Review Summary No. 3, dated July 29, 2013 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-644 (H) Project Booklet (for Commission and Council Members Only) Case No. ZA13-066 STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA13-066 BACKGROUND INFORMATION OWNER: Mahalo Investments, LLC - Greg Taylor APPLICANT: Complete Emergency Care PROPERTY SITUATION: 321 West Southlake Boulevard LEGAL DESCRIPTION: Lot 2R, Block 1, Medical Villas at Tuscan Creek LAND USE CATEGORY: Office Commercial CURRENTZONING: "0-1" Office District REQUESTED ZONING: "S-P-1" Detailed Site Plan District HISTORY: -" O-1" Office District zoning was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. -A site plan was approved for Villas at Taylor's Creek on October 16, 2007. (ZA07-056) -A preliminary plat was approved for Villas at Taylor's Creek on October 16, 2007. (ZA07-057) -A final plat was approved on consent January 3, 2008 and reapproved on consent February 5, 2009. (ZA07-155) -A zoning change and concept plan request was withdrawn by the applicant in April 2009. (ZA08-067) -An amended plat for Medical Villas at Tuscan Creek described as Lots 1 and 2, Block 1 of Medical Villas at Tuscan Creek was administratively processed and involved a revision of a common lot line resulting in Lots 1 R and 2R. (ZA13-007) -A zoning change and site plan request was approved for Lot 1 R for Capelli Offices & Suites on June 18, 2013. Zoning approved as S-P-1; Land Use Designation change also approved from Office Commercial to Mixed Use. (ZA13-019 & CP13-001) TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan designates W. Southlake Blvd. as a 130' Regional Boulevard, F.M. 1709. Existing Area Road Network and Conditions There is one existing 25' common access easement within this development that accesses W. Southlake Blvd. There is also an existing stub -out for future connection with the adjacent property on the east boundary. PATHWAYS MASTER PLAN: The Pathways Master Plan and Sidewalk Plan show a planned on -street bikeway and a completed 8' trail on both sides of W. Southlake Blvd. Case No. Attachment A ZA13-066 Page 1 WATER & SEWER: An 8-inch water line within the lot exists to serve the property. Sanitary sewer connection is currently in place with an existing 8-inch line approximately 300' west through existing off -site utility easements. TREE PRESERVATION: The development and landscaping exists today. Any plant material that is disturbed by the proposed construction shall be mitigated. SOUTHLAKE 2030 PLAN: The Land Use Designation in the Southlake 2030 Plan is Office Commercial. The proposed zoning change is consistent with existing LUD. CITIZEN INPUT: A SPIN meeting was held May 20, 2013. The SPIN summary is attached as Attachment `D' of this report. PLANNING AND ZONING COMMISSION ACTION: July 18, 2013; Approved (6-0) subject to the Site Plan Review Summary No. 2, dated July 8, 2013 and the Staff Report dated July 18, 2013. And, noting that any removed landscaping will be mitigated. STAFF COMMENTS: Site Plan Review Summary No. 2, dated July 8, 2013 is attached. The property is currently developed. The zoning change and site plan proposes minimal impact to existing structures and landscaping. Any plant material that is disturbed by the proposed construction shall be mitigated. Any existing and/or required plant material for the development that is dead or missing must be replaced. The applicant also understands that a utility easement encroachment agreement may be necessary prior to construction of the porte-cochere. Case No. Attachment A ZA13-066 Page 2 Vicinity Map Complete Emergency Care 1o0 110 300 ` 480 v 410 400 pKE BIND . ,I 41_SG� 15 475 465 445 425 351 102 435 �o 00 � 140 136 132 128 124 120 116 112 108 104 100 LONDONBERRYT 200 201 o _ r 109 105 101 �y M O 02 0203 LO V a o O M = CD m 04 205 0 Of NCO N U' F. zA13-ohs Zoning Change & Site Plan 0 295 590 1,180 Feet Case No. Attachment B ZA13-066 Page 1 S-P-1 Detailed Site Plan District Regulations Complete Emergency Care is requesting a to expand the permitted uses under the current 0-1 Office District to S-P-1 (Detailed) Site Plan District with all permitted uses allowed and stated in the 0-1 Office District and to include "Free Standing Emergency Room Medical Facility/Clinic with twenty-four hour operating hours, allowing ambulance service/transfers, and/or an Urgent Care Medical Clinic, and related healthcare clinical services. Case No. Attachment C ZA13-066 Page 1 "S-P-1" Detailed Site Plan District For Lot 2R, (Units D, E, F), Block 1, limited & general common elements of Medical Villas at Tuscan Creek A Professional Condominium, a Condominium Regime This site shall comply with all conditions of the City of Southlake's comprehensive zoning ordinance No. 480, as emended, as it pertains to the section 18, "0-1" office uses and regulations with the following exceptions Permitted Uses All uses permitted in the "0-1" office district uses and using limited "C-1" includes the following use: • Free Standing Emergency Room Medical Facility/Clinic with twenty-four hour operating hours, allowing ambulance transfers, and/or an Urgent Care Medical Clinic, and related healthcare clinical services. • The Medical Villas at Tuscan Creek is an existing medical condominium office project with healthcare offices that include; a Dental Practice, Orthodontics, Wellness, Neurology, so our intended Emergency Medical Clinic complies with the tenant mix of the complex. The units being acquired a comprise an area of 4,867 square feet of the 20,500 square feet of total building area making the complex 100% occupied. The patient volume typically comes at various times with a greater concentration of patients visiting the clinic after 5:00 PM and on Saturday and Sunday. Patients are admitted within 15 to 20 minutes of entering the facility and treated then released unless transferred to a hospital. Complete Emergency Care can evaluate and treat a wide spectrum of medical and surgical acuity from urgent care to emergency cases such as sore throats, bronchitis, urinary tract infections to life and limb cases such as heart attacks, cardiac failure and arrest, respiratory failure and arrest, bacteremia and sepsis, strokes, pulmonary embolism, severe lacerations, fractures (open and closed), severe asthma, allergic reactions and diabetic ketoacidosis to name a few. • Parking ratios: • Building A -Wing 1 and Building B-Wing 2 is all shared parking at the office complex. There is no reserved parking except for handicapped parking. • Total existing parking spaces include 121 standard parking spaces and 8 handicapped spaces for a total of 129 spaces. The original site plan approved a total of 124 spaces. • Complete Emergency Care will occupy approximately 4,867 SF of the 20,500 SF of total building area or approximately 24% of the condominium project. The complex currently has adequate parking and we do not anticipate any parking problems with the addition of this project. • Employee Parking will be provided on the southern end of the office project with parking in front of the Emergency Room Clinic being utilized for patient parking. Case No. Attachment C ZA13-066 Page 2 • Initially CEC will have 15 FTE's not all working at the same time, adding 5 more FTE's then staffing accordingly based on patient volume. During slower periods of patient volume staff will be reduced accordingly. The number of employees at the Emergency Clinic at any given time is a total of 7, which include; an ER -physician, RN -nurse, Technician, and Support staff. • Patient Volume: • Based on historical data from other Complete Emergency Care Clinics typical patient visits occur at the following times Monday through Friday: patients come to the clinic in minimal numbers between 7:00 to 9:00 AM, there are minimal patients visits between 12:00 to 1:00 PM (lunch), typically a greater number of visits occur between 3:30 to 5:30 PM, with the highest volume of patient visits occurring between 6:00 to 8:00 PM. There are minimal and very often no patient visits after 10:00 PM on any night. Case No. Attachment C ZA13-066 Page 2 SITE PLAN TENAM�E �..1 2 A—)•20 � MEDesign Architectural Group MEDICAL VILLAS AT9 TUSCAN CREEK 2501 W. Von T—.. Gnr Park, T.... • 77536 • (251)476-9561 Case No. Attachment C ZA13-066 Page 3 WERE moo 0 ■■ ZVOM Case No. ZA1 3-066 COMPLETE EMERGENCY CARE 4000 Attachment C Page 3 USOUTHLAKE SPIN MEETING REPORT CASE NO. NIA — Formal application pending PROJECT NAME: SPIN DISTRICT: MEETING DATE MEETING LOCATION: Complete Emergency Care SPIN # 10 May 20, 2013; 8:00 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Eight (8) • SPIN REPRESENTATIVE(S) PRESENT: Vic Awtry #7 • APPLICANT(S) PRESENTING: Chris Petta (Healthcare Commercial Real Estate Services), et al three (3) • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, Planner I: (817)748-8069 or Ifletcher(cDci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 321 West Southlake Boulevard in the Medical Villas at Tuscan Creek. Development Details • The applicant is requesting a zoning change from 0-1 — Office District to either C-3 — General Commercial District or S-P-1 — Detailed Site Plan District • Re -zoning to accommodate an emergency care facility Exhibits provided at SPIN Case No. Attachment D ZA13-066 Page 1 QUESTIONS ICONCERNS • Our concern is for noise. Will there be ambulances coming and going? o Yes, it is possible, however, it would be extremely rare to have ambulances with sirens blaring at this location. • We prefer the S-P-1 zoning over the C-3 so the use can be restricted to your proposal. • We are concerned about traffic flow. • If you do an S-P-1, our neighborhood could support this application. o We have no problem requesting the S-P-1. • Where is the garbage? o There are existing garbage locations on site that we will use. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA13-066 Page 2 ZONING & SITE PLAN REVIEW SUMMARY Case No.: ZA13-066 Review No.: Three Date of Review: 07/29/13 Project Name: Zoning Change & Site Plan — Lot 2R, Block 1, Medical Villas at Tuscan Creek APPLICANT: Complete Emergency Care Braxton Neiman or Robert Morris 550 Silicon Drive, Ste 103 Southlake, TX 76092 Phone: 817-421-0035 Email: braxneiman@aol.com OWNER: Mahalo Investments, LLC Dr. Gregory Taylor 311 W. Southlake Blvd.. Ste 150 Southlake, TX 76092 Phone: 817-424-1166 Email: procerus@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/25/13 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 LORRIE FLETCHER AT (817) 748-8069 OR DENNIS KILLOUGH AT (817) 748-8072. The canopy on the proposed submitted site plan is shown to be at the edge of an existing utility easement. An encroachment agreement may need to be submitted with construction plans prior to issuance of building permit. Informational Comments: No review of proposed signs is intended with this site plan. A separate building permit and sign application(s) is/are 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non -Residential Buildings. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment E ZA13-066 Page 1 SURROUNDING PROPERTY OWNERS Complete Emergency Care 4 22 27 15 24 16 14 2 r 1 rl7 10191817161' 13 12T11] F_T_T__� X SPO Owner Zoning Land Use Acreage Response Retail Commercial, Public Park/Open 1. Bicentennial Fin Center Lp SP2 1.17 NR Space 2. Southlake Noble Llc C2 Office Commercial, Medium Density 1.13 NR Residential, Mixed Use Retail Commercial, Public Park/Open 3. White House Exe Center Lp SP1 1.60 NR Space 4. Clardy -Ruffner C2 Office Commercial 0.91 NR 5. Stedke, Trevor J SF20A Office Commercial, Medium Density 0.49 NR Residential Office Commercial, Medium 6. Kester, Paige A Etux Lori W SF20A 0.48 O Density Residential Office Commercial, Medium 7. O'Donnell, Peter Etux Jayme SF20A 0.47 O Density Residential Office Commercial, Medium 8. Heller, Jack Etux Barbara SF20A 0.51 F Density Residential 9. Atherton, Jay W Etux Kay SF20A Office Commercial, Medium Density 0.46 NR Residential 10. Thomopoulos, Stephanos Etux T SF20A Office Commercial, Medium Density 0.66 NR Residential 11. Rai, Rohit Etux Himanshu SF20A Medium Density Residential 0.46 NR 12. Susskind, Brian M SF20A Medium Density Residential 0.48 NR 13. Nguyen, Tri Etux Michelle SF20A Medium Density Residential 0.56 NR 14. Mahalo Investments Llc 01 Office Commercial, Medium Density 2.41 NR Residential Case No. Attachment F ZA13-066 Page 1 15. Ty Shafer Dds Pa 01 Office Commercial 0.26 NR 16. Mahalo Investments Llc 01 Office Commercial 0.34 NR 17. Atcc Investments Llc 01 Office Commercial 0.27 NR 18. Mahalo Investments Llc 01 Office Commercial 0.16 NR 19. Mahalo Investments Llc 01 Office Commercial 0.13 NR 20. Mahalo Investments Llc 01 Office Commercial 0.14 NR 21. Parkhill & Wright Llc 01 Office Commercial 0.20 NR 22. Mahalo Investments Llc 01 Office Commercial 1.22 NR 23. Gte Southwest Inc CS Public/Semi-Public, Retail Commercial, Public Park/Open Space 0.43 NR 24. Lechler, Gloria Etal 01 Office Commercial, Medium Density Residential 7.67 NR 25. Southlake, City Of CS Retail Commercial, Public Park/Open Space 10.29 NR Responses Case No. ZA13-066 F: In Favor O: Opposed To U: Undecided NR: No Response Attachment F Page 2 Notices Sent: Responses Received SURROUNDING PROPERTY OWNER RESPONSES Twenty-five (25) Three (3) — One in favor and two opposed: See attached Case No. Attachment F ZA13-066 Page 3 Notification Response Form ZA13-066 Meeting Date: July 18, 2013 at 6:30 PM O'Donnell, Peter Etux Jayme 120 Londonberry Ter Southlake Tx, 76092 40622E 1 6 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' 1 1 �I c1 S��JnRd i� (circle or underline one) rxM 4-k the proposed Zoning Change and Site Plan referenced above(. if\ L4 J� �,l�" we�i I Space for comments regarding your position: Spe­\L� fe.rs°^- ''Ck�- � � ��ntn� , W H� � t�o.,y1�1- 'S41i� /,fir• �,J-i `� ," � � r) � -V�\oroui�l anC11.11>v e�� S� �1 Gnu ����� n"-� �e ()t,I 0'\ f)li N Mo�c Signature: �/ - ®' Date: 7 5 za, 3 Additional Signature: Printed Name(s): -� b ' 0o (\m�\ Must be property owner(s) whose name(s) are printed at top. Otherwise contact Phone Number (optional): ffi7 Y Z� 3757 Date: per property. Case No. Attachment F ZA13-066 Page 4 Vicinity Map Complete Emergency Care 0 480 1 -7t 410 40U 475 465 445 425 351 102 10 Q- 1 207 435 110 W gOU"TVA KE BL�O 15 140 1 136 1 132 1 128 1 124 1120 1 116 1112 1 108 1 104 1 100 109 105 101 M m M g� c3n^c- cs'h4 a1S u F rcf PA'It C- ur v-�� • �'`j5 Sa c�rc ZA13-O66 s Zoning Change & Site Plan 0 295 590 1,180 eet Case No. Attachment F ZA13-066 Page 5 July 29, 2013 Re: DENY request for Zoning Change ZA13-066 Dear Mayor Terrell, I am adamantly OPPOSED to the requested Zoning Change of ZA13-066 from 0-1 to S-P-1. Quite simply this is just the WRONG LOCATION for this type of PROPERTY. This requested zoning change will directly and negatively impact my daily residential life and financial value of my property. This is an EXTREMELY DRAMATIC Zoning Change and should be denied. I ask that you DENY this requested zoning change at the August 6th City meeting for the following TOP 10 reasons: 1. Zoning Change is not consistent with City of Southlake Master Plan The City of Southlake has spent considerable time and resources to develop a master plan that emphasizes the importance of the daily life of its residents. For example, the area I live in has specific recommendations to keep Whites Chapel a two-lane 30 mph road to ensure the residential quality and way of life in place today. This Zoning Change dramatically changes this implied contract in the Master Plan between the City of Southlake and the residents in this neighborhood. 2. This property is not consistent with Zoning Characteristics of a S - P -1 This property is properly zoned as 0-1 which is defined as `office related...or office character." 0-1 is considered for "LOW intensity uses... compatible with EXISTING ADJACENT PROPERTIES." (That is ME) . Furthermore, 0-1 is supposed to be compatible with RESIDENTIAL USERS. (ME Again) Present Zoning, 0-1, means gam -5pm business, no WEEKENDS. LOW traffic. S-P-1 allows the OWNER to "create their own zoning district...." Which includes adding "...Retail Users." The applicant has admitted in their filings that the ZONING CHANGE will result in SIGNIFICANT intensity and use of the property, including "after 5pm traffic," along with, "weekend traffic," and "Ambulance traffic." The city's staff report dated July 12 states on page 2 of attachment C, that the majority of the traffic will be after 5pm and on Weekends. (see Point 10 below for URL to Official Staff Report) Sirens or traffic, with noise and brightly shining headlights, at tam on a Sunday morning... adjacent to a residential bedroom is NOT CONISTENT with the Southlake Master Plan or the present 0-1 zoning. Case No. Attachment F ZA13-066 Page 5 3. Present Owner of this property has a history of Disturbance of the Peace Issues and is not concerned with the welfare of its neighbors This Property in question has had a history of faulty alarms that have gone off numerous times since 2012. Their alarm is EXTREMELY LOUD and will go off at all TIMES and DAYS including Sam on a Sunday morning. The alarm last for a full 10 MINUTES. I have notified the police, the city planning office, and your office of the issue numerous times over the last year with very little results. My most recent notification, May 22, 2013, was well BEFORE I was even AWARE of this ZONING CHANGE APPLICATION. The City Secretary Alicia Richardson responded that she would follow up but I have not heard anything from her or your office in the last two months. As the alarm has also gone off in the middle of the day, the tenants were well aware of the issue and STILL failed to properly address it or fix it. This demonstrates the definition of a poor neighbor and one that should not be rewarded with the opportunity to freely make even more noise at all hours of the night and day. 4. Zoning Change serves NO PUBLIC NEED The City of Southlake has tremendous access to some of the best hospitals and emergency care centers in the state of Texas. There is no public need for another emergency care center in the backyard of a resident. 5. Southlake has plenty of already zoned land available for this type of property. An emergency care property is better suited for another location in Southlake that is ALREADY zoned for this type of use. This is the type of property that should exist near Highway 114 or further East on 1709 where there is a mix of retail offices e.g. the existing Urgent Care by Leslie's Pool. There is no need for a Zoning Change to find land to place this property. Plenty of zoning already exists in the City for this use. 6. My decision to purchase my residence was based on 0-1 use and the implied contract between me and the City that the City's Master Plan and City Council and Mayor's office would protect my family and my property I moved to Southlake in 1996, before there was even a Town Center. I have greatly enjoyed living in this town and believe it is one of the best places to live in the world (and I have lived all over the world). When I went to purchase my present residence five years ago, I spent considerable time investigating the neighborhood and the City's Master Plan. My only concern about my present home was WHAT would be built in the vacant lot behind my house. I studied the City's Master Plan and the Medical Villas 0-1 proposal and deemed it acceptable ONLY because it was for "...limited, low intensity traffic." An office building which is defined as 9am to 5pm in Case No. Attachment F ZA13-066 Page 5 general and no weekend traffic. I WOULD HAVE NEVER BOUGHT THIS PROPERTY IF IT WAS ZONED S-P-1. PERIOD. 7. Classic Bait and Switch The Zoning Change requested by Applicant appears to be a Classic Bait and Switch tactic. Applicant had 0-1 zoning and built office space in line with this zoning, most likely with the intention that once the building was built they would attempt to move this to an S-P-1 zoning and once that was achieved they would then attempt to move it to a "pure RETAIL," use. As S-P- 1 allows for "retail use," they will be 99% there if this Zoning Change is not DENIED. Please note that they have already attempted a zoning change to C- 3 GENERAL COMMERCIAL DISTRICT. Do not open Pandora's Box. 8. Zoning Change negatively impacts the financial value of adjacent properties A Zoning Change will negatively impact the value of my residence and make it more difficult and costly to sell my property if I so choose. This will most likely be a very significant financial impact on me. 9. Your House, Your Home, Your Life, Your Family, Your BACKYARD How would you like it if the APPLICANT pulled up outside your home at Sam on Sunday morning and blared an alarm for 10 minutes? Probably not very much. How would you like it if you called the police and they did nothing, so the APPLICANT came back the next month and blared the alarm again and again and again? I would expect you would appreciate it even less. So now you call the city planning office and they told you it would not happen again. But a month later the APPLICANT was back waking you up AGAIN with their alarm. Then you found out the APPLICANT had petitioned the city to give it even more LATITUDE to come by and MAKE EVEN MORE NOISE 24 HOURS a DAY, SEVEN DAYS a WEEK. 10. July 12 City of Southlake STAFF Report shows NO NEIGHBORS in favor OF THE ZONING CHANGE;100% of RESPONDETS OPPOSED TO ZONING Of the 25 properties who received notice of the Zoning Change, The City of Southlake Staff Report shows NONE in favor of the Zoning Change. However, 100% of the RESPONDENTS were OPPOSED to the Zoning Change. See OFFICIAL City of Southlake website,URL below. (http://www.cityofsouthlake.com/DocumentCenter/View/3095) Bottom Line: This is the Wrong Location for this type of property. Please DENY this Zoning Change and keep the integrity of the City of Southlake. Regards, Peter O'Donnell Case No. Attachment F ZA13-066 Page 5 Jul 1713 03:59p Barbara Heller 817-41M789 p.1 Notification Response Form ZA13-ass Meeting Date: July 18, 2013 at 6:30 PM Heller, Jack Etux Barbara 124 LondonberryTer Southlake Tx, 76092 40622B 1 7 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 i i in favor of opposed to undecided about { (circle or underline one) the proposed Zoning Change and Site Plan referenced above. i i Space for comments regarding your position: 4 f a 14? f 0ae-'L-"' Cif: C Date: Additional Signature: Date: Printed Name(s): Must be property owner(S) 09e nerneW are printed at top. otherwise o©ntartthe Planning Department, One form per property. Phone Dumber (optional): Case No. Attachment F ZA13-066 Page 6 JUL/17/2013/A➢ 08:56 AM FAX No, Notification Response Form ZA13-066 Meeting Date. July 18, 2013 at 6:30 PM Koster, Paige A Etux Lori W 116 Londonberry Ter Southlake Tx, 76092 406228 1 6 P, 001/001 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: Our realtor, Debra Collins, checked the zopi;ng of the adjacent property leas than 2 years ago when we were looking at purchasing our home. it was important to us since there would be a shared boundary. We relied hourmedical facility, for personal reasons but certainly only at a lower price if we did. The zoning change will harto otrr fkwly's wellbeing. Chaigmg the zoning from "office district" to allowing a 2417 emergency medical aciW will increase wise, lessen privacy, lower semulty, and Towor properly v ue is impact oA us as parents and our 10, S, and 5 year old children will be tangible. The use of our property will be lowered. Our property rights will be adversely affected. Approving leas restrictive zoning adjacent to developed residential property should be limited to cases where endeavor. Neithm of these, staududs are met. It is not enough to have a business that bought into an "office district" that sees at opportnWty to make mote moray to secure a more intrusive Zoning. Signature: -, Date: S Z01,3 le-----ry - J/ Additional Signature: Date; 8 Printed Name(s):f��A.sr�e Must be Property owners) whose name(&) 91re printed at top. Otherwise writasl the Planning Deparbuent One form per property. Phone Number (optional): Case No. Attachment F ZA13-066 Page 7 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-644 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 LOT 2R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.047 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "0-1" Office District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment G ZA13-066 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 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 Case No. Attachment G ZA13-066 Page 2 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 legally described as Lot 2R, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument # D213064744, Plat Records, Tarrant County, Texas, being approximately 3.047 acres, and more fully and completely described in Exhibit "A" from "0-1" Office District to "S-P-1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Case No. Attachment G ZA13-066 Page 3 "S-P-1" REGULATIONS AS APPROVED WITH ORD. NO 480-644 "S-P-1" Detailed Site Plan District For Lot 2R, (Units D, E, F), Block 1, limited & general common elements of Medical Villas at Tuscan Creek A Professional Condominium, a Condominium Regime This site shall comply with all conditions of the City of Southlake's comprehensive zoning ordinance No. 480, as emended, as it pertains to the section 18, "0-1" office uses and regulations with the following exceptions Permitted Uses All uses permitted in the "0-1" office district uses and using limited "C-1" includes the following use: • Free Standing Emergency Room Medical Facility/Clinic with twenty-four hour operating hours, allowing ambulance transfers, and/or an Urgent Care Medical Clinic, and related healthcare clinical services. • The Medical Villas at Tuscan Creek is an existing medical condominium office project with healthcare offices that include; a Dental Practice, Orthodontics, Wellness, Neurology, so our intended Emergency Medical Clinic complies with the tenant mix of the complex. The units being acquired a comprise an area of 4,867 square feet of the 20,500 square feet of total building area making the complex 100% occupied. The patient volume typically comes at various times with a greater concentration of patients visiting the clinic after 5:00 PM and on Saturday and Sunday. Patients are admitted within 15 to 20 minutes of entering the facility and treated then released unless transferred to a hospital. Complete Emergency Care can evaluate and treat a wide spectrum of medical and surgical acuity from urgent care to emergency cases such as sore throats, bronchitis, urinary tract infections to life and limb cases such as heart attacks, cardiac failure and arrest, respiratory failure and arrest, bacteremia and sepsis, strokes, pulmonary embolism, severe lacerations, fractures (open and closed), severe asthma, allergic reactions and diabetic ketoacidosis to name a few. • Parking ratios: • Building A -Wing 1 and Building B-Wing 2 is all shared parking at the office complex. There is no reserved parking except for handicapped parking. • Total existing parking spaces include 121 standard parking spaces and 8 handicapped spaces for a total of 129 spaces. The original site plan approved a total of 124 spaces. • Complete Emergency Care will occupy approximately 4,867 SF of the 20,500 SF of total building area or approximately 24% of the condominium project. The complex currently has adequate parking and we do not anticipate any parking problems with the addition of this project. Case No. Attachment G ZA13-066 Page 4 • Employee Parking will be provided on the southern end of the office project with parking in front of the Emergency Room Clinic being utilized for patient parking. • Initially CEC will have 15 FTE's not all working at the same time, adding 5 more FTE's then staffing accordingly based on patient volume. During slower periods of patient volume staff will be reduced accordingly. The number of employees at the Emergency Clinic at any given time is a total of 7, which include; an ER -physician, RN -nurse, Technician, and Support staff. • Patient Volume: • Based on historical data from other Complete Emergency Care Clinics typical patient visits occur at the following times Monday through Friday: patients come to the clinic in minimal numbers between 7:00 to 9:00 AM, there are minimal patients visits between 12:00 to 1:00 PM (lunch), typically a greater number of visits occur between 3:30 to 5:30 PM, with the highest volume of patient visits occurring between 6:00 to 8:00 PM. There are minimal and very often no patient visits after 10:00 PM on any night. Case No. Attachment G ZA13-066 Page 5 a-i.za ��,a TETJAMSPACE MEDICAL VILLAS AT MEDesign Architectural Group — TUSCAN CREEK 2301 W. vas T—, . o.., Park. Tezm . 7753E . (2e1)e7e-9561 Case No. Attachment G ZA13-066 Page 6