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Item 6FCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 14, 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). During the August 6, 2013 City Council meeting, the applicant was requested to provide historical data for existing operations. The following is what has been provided by the applicant: • 7,988 patients were seen from January 21 — July 30, 2013 o Total commercial insurance = 86% o Total government funded insurance = 9% o Total self -pay = 5% The City Council also requested a rendering showing anticipated signage. Please see exhibit provided in Attachment `C' of this report. Case No. ZA13-066 ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of 2nd 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) 11 x 17 plan exhibits 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 CURRENT ZONING: "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. CITY COUNCIL ACTION: August 6, 2013; Approved 1s' reading (5-2) Zoning Change and Site Plan for the Complete Emergency Care located at Lot 2R, Block 1, Medical Villas at Tuscan Creek, pursuant to the Site Plan Review Summary No. 3, dated July 29, 2013 and restricting the additional use in the SUP [sic] [S-P-1 zoning] to the subject 5,000 square foot condominium building located in the development. 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 480 410 400 300` SOUTHUAKE BIND 15 w 475 465 445 425 351 102 435 j0 °O pQ' 140 136 132 128 124 120 116 112 108 104 100 LONDbNBERRY7- 200 201 0 0 _ r 109 105 101 N O� f- LO 02 203 = N nt M O M = M rn 04 205 0 � C=) 207 N m N U} G N W E ZA13-066 S 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 9HEeT TENANT SPACE .5 Q , MEDesign Architectural Group MEDICAL VILLAS AT TUSCAN CREEK � zsoi W. va Tease . oee Park. Texas . nsss (zsiMvs-essi Case No. Attachment C ZA13-066 Page 3 F� u a� x —� RPYJII(IFR AiN9(YIUFlI - j �p o r,�}m�{ %LLLLL Q E p) i W A 21 N (FAINT) [ IAAOAAaunAvw f yaJa(� 4� W p - r (Aw oq c •noN •u: �:• - COMPLETE EMERGENCY CARE Case No. ZA13-066 Attachment C Page 3 A.R. . = s: • 'f'Il�i mmw*s( UTHLAKE 8 D,EB 0SOUTHLAKE SPIN MEETING REPORT CASE NO. NIA — Formal application pending PROJECT NAME: Complete Emergency Care SPIN DISTRICT: SPIN # 10 MEETING DATE: May 20, 2013; 8:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Eight (8) • SPIN REPRESENTATIVE(S) PRESENT: Vic A\Mry #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 COMPLETE EMERGENCY C E\ 321 WEST sou7b404 LVD ' Case No. Attachment D ZA13-066 Page 1 QUESTIONS I CONCERNS • 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 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 6. Kester, Paige A Etux Lori W SF20A Office Commercial, Medium 0.48 O Density Residential 7. O'Donnell, Peter Etux Jayme SF20A Office Commercial, Medium 0.47 O Density Residential 8. Heller, Jack Etux Barbara SF20A Office Commercial, Medium 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 SURROUNDING PROPERTY OWNER RESPONSES Notices Sent: Twenty-five (25) Responses Received: Three (3) — One in favor and two opposed: (See attached letters and response forms) 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 r'`"" IOC (circle or underline one) the proposed Zoning Change and Site Plan referenced above. in LA Space for comments regarding your position: J71 (�67/�-JAJ- i �� c/+tn\�\'1an .L �oa5��' 'n,li� nr•(�s'�� '�` �I� � -VAo r0 4\^ aNCLI Iv Gnu "--� Cie c-l> 1, a 0-/\ `� Qtt,5- a+r�� r-Aae- 5�� .�� 1(� 1q11 _ Nb l Ntr- A-\rL4L Mo�c Signature: Date: Additional Signature: Printed Name(s): -� c3 C-)6Am- \ Must be property owner(s) whose name(s) are printed at top. Otherwise contact Phone Number (optional): �\7 Y Z� 3 )Y% Date: per property. Case No. Attachment F ZA13-066 Page 4 Vicinity Map Complete Emergency Care 480 410 140U 475 465 445 425 351 102 -o 435 m 300 BLVD W SCv-`HLAKE 15 140 1 136 1 132 1128 1124 1120 1115 1 112 1 108 1 104 1 100 k1 0NU N 0 N N CO 207 m N 109 105 101 LO LO M A n c`O", q�Q nJ�� v N' E (-V"6 � I �\ CC Ctia G .lam r � l I, GIrC..�� G rc�� ZA13�-066 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 2am 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. S. 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 1 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 August 8, 2013 Re: DENY request for Zoning Change ZA13-066 at August 20 Public Hearing Dear Mayor Terrell, I am disappointed that you voted for the requested Zoning Change ZA13-066 at the August 61 council meeting's first hearing. As I wrote to you and discussed at the council meeting this is simply the wrong LOCATION for this type of PROPERTY. If you do not DENY this requested Zoning Change at the August 20 Public Hearing, you will be putting my family at risk of severe noise and traffic issues 24 hours a day, 7 days a week. 1 never expected a member of the Council to vote for such a drastic zoning change with such blatant disregard for the existing adjacent resident. The Southlake Planning Office informed me that the Zoning Change is required because the planned emergency center does not fit into the existing zoning 0-1 typical characteristics, for example a Dentist or Doctor office. In fact, this type of 24 X 7, ambulance served facility, is characteristic of a C-2 or more likely C-3 zoning. For example, the existing Doctor's Express Southlake at 2315 East Southlake Blvd near Leslie Pool is ZON ED C-3. And they do not even have 24 X 7 or ambulance services... they are only open 8am-8pm M-F and 8am-5pm Sat, Sun. Why you are intent on cramming a C-3 type Property into an existing 0-1 zoning is beyond explanation. There is no public need as we already have access to a 24 X 7 emergency room at Texas Health Harris Methodist Hospital Southlake at 154S E. Southlake Blvd less than 1.S miles from the Property requesting the zoning change. And the above -mentioned Doctor's Express Southlake is only 2.2 miles from the Property. There is already public access to this type of care that does not infringe on existing residences —in areas that are ALREADY PROPERLY ZONED for this type of PROPERTY. Also, the Applicant does not EVEN own the property and will NOT be renting. They want to buy the property. The solution seems so simple...APPLICANT SHOULD BUY PROPERTY THAT IS ALREADY PROPERLY ZONED C-3. Don't try to force a square peg into a round hole and make my family suffer the consequences. Bottom Line: This is the Wrong Location for this type of property. Please DENY this requested Zoning Change at the August 20 Public Hearing. Regards, Peter O'Donnell 120 Londonberry Terrace Southlake, TX 76092 Case No. Attachment F ZA13-066 Page 5 Jul 1713 03:59p Barbara Heller 817-416-6789 p.1 Notification Response Form ZA13-ash Meeting Date: July 18, 2013 at 6:30 PM Heller, Jack Etux Barbara 124 London" Ter 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 in favor of opposed to undecided about i (circle or underline one) i the proposed Zoning Change and Site Plan referenced above. i j Space for comments regarding your position: / 4 7 dti / t Ti z' Date- // j Additional Signature: Date: Printed Name(s):/. Must be property owner(s) Ge name(s) are Phone Number (optional): top. Otherwise oontactfhe Planning Department. one form per Case No. Attachment F ZA13-066 Page 6 JUL/17/2013/WFD 08:56 AM FAX No, Notification Response Farm ZA13-066 Meeting Date. July 18, 2013 at 6:30 PM Koster, Paige A Etux Lorl W 116 Londonberry Ter Southlake Tx, 76092 40622E 1 5 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. Spice for comments regarding your position: Our realtor, Debra Collins, checked the zoq ng of the adjacent property less than 2 years ago when we were looking at purchasing our home. It was important to pis since there would be a shared boundary. We relied hour modic4 facility; for personal reasons but certainly only at a lower price if we did. The zoning change will h om famlyrs wellbeing. Chauging the zoning from "office district" to allowing a 241'7 emergenoy )medical WeM vnil increase aotse, lesson privacy, lower *66 rh , gad jowvipropaty—v@ueis impact on us as parents and our 10, S, and 5 year old children will be tangible. The use of our pwpeity will be lowered. Our nroverty rifts will be adversely affected. - Approving less restrictive zoning adjacent to developed residential property shouldbe hmited to cases where endeavor. Neither of these standards are met. It is not enough to have a business that bought into an "office district" that sees art oppodu Wty to make more money to secure a more intrusive zoning. Signature: Q,, � _n Date: 4 Additional Signature: Date; S Printed Name(s): PAX6, -A- xF57Er � � W _ Kp'' p l? Must be property owner(s) whose name(&) are printed at top. omerwise eontao the Planning Deparment. one form per property. Phone Number (optional): (81^7) ,I -- 15% 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 • August 6, 2013; Approved 1st Reading (5-2) of Ordinance No. 480-644, zoning change and site plan for the Complete Emergency Care located at Lot 2R, Block 1, Medical Villas at Tuscan Creek, pursuant to the site plan review summary No. 3, dated July 29, 2013 and restricting the additional use in the SUP [sic] [S-P-1 zoning] to the subject 5,000 square foot condominium building located in the development. 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 ZA13-066 Page 3 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. Case No. Attachment G ZA13-066 Page 3 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website 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 it 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 6t" day of August, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZA13-066 Page 3 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA13-066 Attachment G 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-1.20�.u.�m3 TENANT SPACE ror •"cy , MEDICAL VILLAS AT TUSCAN CREEK Case No. ZA13-066 MEDesign Architectural Group 2301 W. V., Trease • Deer Park, Texas 77536 • (281)476-9561 Attachment G Page 6