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Item 7CCITY OF SOUTHLAI<,-E Department of Planning & Development Services ��:adrill 0=:»ll:aI March 26, 2014 CASE NO: ZA13-138 PROJECT: Zoning Change and Site Plan for Harborchase of Southlake EXECUTIVE SUMMARY: Silverstone Healthcare Company, LLC and Pacheco Koch Consulting Engineers are requesting approval of a Zoning Change and Site Plan for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #6. DETAILS: The applicants are requesting approval of a Zoning Change and Site Plan for Harborchase of Southlake from "AG" Agricultural District to "S-P-1" Detailed Site Plan District to develop a two-story, 120 unit senior housing facility consisting 90 assisted living units and 30 memory care units. It is anticipated that a future street will be constructed on the property to the west that will line up with the median break on W. Southlake Blvd. at the intersection with Timberlake Place to the south. If a street is constructed in that location, the driveway proposed on W. Southlake Blvd. with this development will not meet the minimum required driveway spacing of 500'. Approximately 320' of spacing is shown on the Site Plan. The 2030 Land Use Plan designation for the property is currently Low Density Residential. The proposed assisted living facility is not consistent with the Low Density Residential designation, so an amendment to the 2030 Land Use Plan is being processed concurrently to change the Land Use designation to Medium Density Residential with a text amendment to specifically allow an assisted living facility on the property. (See Planning Case CP13-010). This item received a (3-3) split vote at the February 20, 2014 Planning and Zoning Commission meeting after the applicant made the following revisions to the originally proposed site layout.: • Increased the separation between the building and the west property line • Reoriented the main entrance from Shady Oaks to W. Southlake Blvd. • Reduced more of the western portion of the building to one story • Relocated the loading area and dumpster enclosure to the east side of the building • Removed the service drive along the west side of the building • Relocated a portion of the parking to the south side of the building Case No. ZA13-138 1Vell N Fell kiIs] d REQUESTED: Driveway Ordinance No. 634, Section 5.2.c prohibits commercial, multi -family and service driveways onto collector or local streets. The applicant is requesting a driveway onto Shady Oaks Dr., which is a collector street. ACTION NEEDED: Consider 1st reading approval of a Zoning Change & Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN meeting Report dated December 2, 2013 (E) Revised Site Plan Review Summary No. 4, dated March 18, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-658 (H) Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker Richard Schell Case No. ZA13-138 (817) 748-8067 (817) 748-8602 BACKGROUND INFORMATION OWNER: Fountain Five Zero Two Trust APPLICANT: Silverstone Healthcare Company, LLC and Pacheco Koch Consulting Engineers PROPERTY SITUATION: 250 Shady Oaks Dr. LEGAL DESCRIPTION: Lot 2, Block 1, Owens Addition LAND USE CATEGORY: Low Density Residential PROPOSED LAND USE CATEGORY: Medium Density Residential with a site specific recommendation to allow and assisted living facility. CURRENT ZONING: "AG" — Agriculture District PROPOSED ZONING: "S-P-1" - Detailed Site Plan District HISTORY: - The property was annexed into the City in 1956 and given the "AG" Agricultural District zoning designation. - A preliminary plat (ZA93-020) for Lot 1, Block 1, Owens Addition was approved June 1, 1993. - A final plat (ZA93-021) for Lot 1, Block 1, Owens Addition was approved June 1, 1993. - A plat revision (ZA98-039) for Lots 1 R and 2, Block 1, Owens Addition was approved May 19, 1998. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The site is designated "Low Density Residential", which specifies single family detached dwellings at a net density of one or fewer dwelling units per acre. The proposed development is not consistent with the land use designation. There is no land use category that specifically allows an assisted living center. The applicant is proposing a Land Use Plan amendment to "Medium Density Residential" with a text amendment to specifically allow the assisted living center as a permitted use. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows W. Southlake Blvd. to be a Farm -to -Market road with 130' of right of way and Shady Oaks Dr. to be a two-lane undivided collector with 60' of right of way. Adequate right of way is shown to be dedicated on the existing plat. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows an 8' Multi -Use Trail programmed along the north side of W. Southlake Blvd. and an On -Street Bikeway on W. Southlake Blvd and Shady Oaks Dr. The existing 6' sidewalk along the north side of W. Southlake Blvd. will have to be expanded to 8' in Case No. Attachment A ZA13-138 Page 1 width. Maior Corridors Urban Design Plan The property is in the "Estate Residential" zone in the Major Corridors Urban Design Plan. The following recommendations pertain to the "Estate Residential" zone in the plan. Reinforce and enhance the distinct "Estate Residential zone" character by recommending the planting of 6 — 8 foot high shrubs along residential fences that require frequent maintenance along the corridor. This would not only screen existing residential uses from the busy roadway, but also create green edges along the roadway. New residential neighborhood fencing should be limited to masonry, stone and wrought -iron style fencing materials, with tree and shrubbery planting in a naturalistic manner on the parkway side of the fence. 8 ia>F- cor�c�vFt w .A A..3 W st°'°f^9 u«vdwrabr ali�i++nk- = wwww+4 s1m? y�4 +.•fs inFo.,n..Q aF- fiewee+vv, 1=� l�G�fnii}j� Preserve aid reinforce the existing character of the estate residential with parkway plantings and trail ameni'Les as recommended in the plan. Master planning of larger residential or commercial tracts, or multiple tracts, is encouraged over piece -meal development. In addition, the master plan applications should include all the elements of the built environment such as building design, site design, wayfinduig and building signage, landscaping, treatment of natural features, bridges, streets, street lighting, etc. Every effort should be made to incorporate recommended urban design elements into the project design. Oimw_ f psi7 r 9Tu7 ..4, im,,LLrr —�_ %av Wim v6�Ww� pagGjn/� Aemmmended parkway design along the Residential Estate area showing the nr hnearpathway, informal tree planting, and stone identity markers at key laations. Case No. Attachment A ZA13-138 Page 2 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have access onto W. Southlake Blvd. and Shady Oaks Dr. W. Southlake Blvd. (18) (between Shady •. .. 24hr East Bound (25,998) West Bound (24,997) AM Peak AM (2,725) 7:15 AM —8:15 AM Peak AM (1,327) 11:30 — 12:30 AM PM Peak PM (1,752) 1:00 — 2:00 PM Peak PM (2,719) 4:45 — 5:45 PM Shady•. 24hr (between W. Southlake Blvd. North Bound (2028) and Highland) South Bound (1862) AM Peak AM (338) 7:45 — 8:45 AM Peak AM (344) 7:45 — 8:45 AM PM Peak PM (248) 3:30 — 4:30 PM Peak PM (251) 3:15 — 4:15 PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7rh Edition TREE PRESERVATION: There is less than 20% tree cover on this site. The applicant is proposing to preserve 61 % of the existing canopy on the revised plan. The previous plan showed 70.2% of the existing tree cover to be preserved. The "S-P-1" zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council's approval. The percentage proposed to be preserved (61 %) does not meet the minimum percentage required to be preserved if this was a straight zoning case, which is 70%. UTILITIES: Water The utility plan shows connections to the existing 20-inch water line along W. Southlake Blvd. and the 12- inch water line along Shady Oaks Dr. Sewer The site has access to an existing 8" stub -out at the northeast corner of the Shady Oaks Offices property. CITIZEN INPUT: A SPIN meeting was held for this project on December 2, 2013. A copy of the report for this meeting can be found under Attachment `D' of this staff report. PLANNING AND ZONING COMMISSION ACTION: January 23, 2014; Tabled to the February 6, 2014 meeting. February 6, 2014; Tabled to the February 20, 2014 meeting. Case No. Attachment A ZA13-138 Page 3 February 20, 2014; The vote was (3-3) subject to Site Plan Review No. 3 dated February 14, 2014 and the staff report dated February 14, 2014 granting the requested variance. CITY COUNCIL ACTION: March 18, 2014, City Council approved a request to table this item to the April 1, 2014 meeting (3-2). STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 4, dated March 18, 2014. Case No. Attachment A ZA13-138 Page 4 1106 11 o' J^ 301 1303 305/ 1120 m 980 Vicinity Map Harborchase of Southlake n 1 714 710 306 722 717 713 11 313 315 37> 1-1 800 W SOUTH LAKE BLVD ��� 1001 1g 817 803 -� 1101 I " Case No. ZA13-138 906 904 am r� v J c� 470 M N M o M � O ¢ �EDOM 04 640 620 �7 660 600 500 480 410 F.M.1709 100 521 0 475 465 445 425 10 103 105 1p'l ACV,_- _- WO 101 10 � 10g r 102 OB U 435 10 103 102 11 113 1p8� 105 O �y O _>0 2p3 112 GHQ 107 ^ p..� . 4, V ^ 202 204 206 208 210 212 215 2 2� ^O 140 136 c'1p o2 217 ?p4 200 201 0 703 7 805 803 OI01 219 203 202 p 203 U of 0 % �b n K 70o 208 207 F = rn 04 r 204 u 205 o CD N w E .1 5 ZA13-138 Zoning Change and Site Plan 0 450 900 1,800 Feet Attachment B Page 1 Plans and Support Information Site Plan ;1016101 - - - - - - - - - - - - - - 11115� t""I"'Al I 7� S0Q]EHL4&E--- BOULEVARD oms Case No. Attachment C ZA1 3-138 Page 1 S-P-1 Zoning Narrative and Regulations „Pacheco Koch March 11, 2014 PK No.: 2399-13.334 Mr. Richard Schell Principal Planner CITY OF SOUTHLAKE Planning & Development Services 1400 Main Street, Suite 310 Southloke, Texas 76092 Re: HARBORCHASE OF SOUTHLAKE LOT2R, BLOCK 1, OWEN ADDITION Detailed Site Plan(S-P-1) Southlake, Texas Dear Mr. Schell: We respectfully submit this narrative to support the Detailed Site Plan (S-P-1) application. The subject property is located at the northwest corner of Shady Oaks Drive and Southlake Boulevard (FM 1709) and currently zoned as Agriculture (AG) District. The intent of the Developer is to re -zone from Agriculture (AG) District to Detailed Site Plan (S-P-1) District for a Senior Assisted Living Facility. The surrounding areas include single-family residential, office, commercial, retail, and Bicentennial Park. HarborChase of Southlake is expected to begin construction once the rezoning, detailed site plan, plat, and engineering plans are approved by Planning and Zoning and City Council. Estimated start of construction is scheduled for May 1, 2014. Completion is scheduled for June 2015. PERMITTED USE The permitted use is a Senior Assisted Living Facility in compliance with Zoning Ordinance No. 480, Section 45.8, as amended. DEVELOPMENT REGULATIONS The development regulations shall comply with the "D-1" Office District zoning and all requirements under Zoning Ordinance No. 480, Section 45.8, "Specific Requirements for Assisted Living Facilities" with the following exceptions: a. Height: The proposed building will be two (2) stories with a typical building height less than forty (40) feet and have a maximum height of accent elements of fifty (50) feet at the highest roof elevation. Refer to attached proposed elevations. b. Residential Adjacency Standards (Section 43.10; Exhibit 43-E): The proposed building will be built no closer than fifty (50) feet of the residential property line and reach a maximum height of forty (40) feet. c. Side Yard: There shall be a side yard of not less than twenty-five (25) feet, specifically where the lot abuts property zoned as single-family residential. d. Rear Yard: There shall be a rear yard of not less than twenty-five (25) feet, specifically where the lot abuts property zoned as single-family residential. 83SU N Central Expwy - Suite 1000 - Dallas, TX 75206-1612 - T: 972.235,3031 - F: 972.235.9544 - pkcc.,c Case No. Attachment C ZA13-138 Page 2 Mr. Richard Schell March 11, 2014 e. Bufferyards allowed as shown on the plans. f. Horizontal and vertical articulations: The horizontal and vertical building articulations allowed as shown on the proposed building elevations. g. Existing and Proposed Fences: Existing fences will remain along Southlake Boulevard. Existing fences will be removed along the southeast corner where adjacent to the Shady Oaks offices and will not be replaced. Existing fences along Shady Oaks Drive will be removed and will not be replaced. Existing fences along the west and north property lines will be removed and replaced with a 8' High Solid Masonry Fence(Pre-cast concrete panel with brick pattern). h. The proposed development, HarborChase of Southlake, will be a Senior Assisted Living and Memory Care Facility offering 120 dwelling units total, which will consist of 90 assisted living units and 30 memory care units. Each unit complies with the minimum floor areas required for Type "B" facilities by the Texas Department of Aging and Disability Services, as shown in Section 45.8(f) of the Zoning Ordinance No. 480. Specifically, HarborChase of Southlake will offer the following units for Assisted Living and Memory Care: Assisted Livina Units (Type "B") Type of Unit Minimum Size of Unit (S.F.) Proposed Size of Unit (S.F.) Quantity of Units One 1) Bed Unit 300 S.F. 509 S.F. - 721 S.F 74 Two (2) Bed Unit 500 S.F. 500 S.F. - 530 S.F. 16 Total Number of Assisted Living Units 90 Note: Minimum size of unit based on Type "B" facilities by the Texas Department of Aging and Disability Services. Memory Care Units (Type "B") Type of Unit Minimum Size of Unit (S.F.) Proposed Size of Unit (S.F.) Quantity of Units One (1) Bed Unit 300 S.F. 500 S.F. - 530 S.F. 22 Two 2 Bed Unit 500 S.F. 500 S.F. 8 Total Number of Memory Care Units 30 Note: Minimum size of unit required based on Type "B" facilities by the Texas Department of Aging and Disability Services. VARIANCES The City of Southlake Driveway Ordinance No. 634, Section 5.2.c, prohibits commercial, multi- family, and service driveways onto collector or local streets. Currently, Shady Oaks Drive is a collector. We request a variance from the City of Southlake Driveway Ordinance, Section 5.2.c, and ask for your consideration and approval of a driveway onto Shady Oaks Drive based on the following: • Access to Shady Oaks Drive will allow the Senior Assisted Living Facility a secondary route for emergency and fire rescue services. • Primary access to the Senior Assisted Living Facility is expected off Shady Oaks Drive, with the intersection of Shady Oaks Drive and Southlake Boulevard (FM 1709) being signalized. In addition, the main entrance faces toward Shady Oaks Drive. • Connectivity between the Senior Assisted Living Facility and the future Southlake Community Recreation Center. Case No. Attachment C ZA13-138 Page 3 Mr. Richard Schell March 11, 2014 We request approval of the zoning change from Agriculture (AG) to Detailed Site Plan (S-P-1) and variances for HarborChase of Southlake. The proposed development will offer an attractive facility with enhanced building exterior features and landscape improvements that will complement the surrounding neighborhood, while preserving a rural scenery. If you have any questions or need any additional information in regards to the request or submittal, please dan't hesitate to call [Ile. Sincerely, , ---j Ja r D. Ja millo, P.E. JDJ/dtn 2399-13.334 2014-03-11 Revised Detailed Site Plan S-P-1 Narrative cc: Tom Dwyer - Silverstone Healthcare Company, LLC. Robert Lawyer - BOKA Powell Case No. Attachment C ZA13-138 Page 4 SILVERSTONE HEALTHCARE COMPANY, LLC Richard Schell Principal Planner City of Southlake 1400 Main Street Southlake, TX 76092 Re: HarborChase of Southlake - Staffing HarborChase of Southlake is to be built as a private seniors housing rental community providing state-of-the- art assisted living and memory care services in a secure setting. The community will contain 90 Assisted Living units and 30 Memory Care units. At full occupancy HarborChase of Southlake will have approximately 115 full-time associates to cover 24 hours/7 days a week. These associates will include: • Executive Team - Executive Director, Director of Resident Care, Director of Hospitality, Director of Life Enrichment, Director of Memory Care, Director of Maintenance, Director of Sales and Marketing and Business Office Manager, • Medical Support Team — Registered Nurse (RN), Licensed Vocational Nurse (LVN), Nursing Assistants, Medication Technicians, • Amenities and Community Support Team - Concierge, Chefs, Cooks, Dishwashers, Utility Workers, Maintenance Technicians, Housekeepers, Life Enrichment Assistants and Wait staff. The direct care staffing ratio includes RN, LVN and Care Associates and is approximately 10:1 in Assisted Living and 8:1 in Memory Care. All support team ratios are adjusted to residents based on care requirements. The shifts typically are day 7-3, evening 3-11 and night 11-7. The total FTE's by shift are,: day 60% day, 25% evening with carry —over from dining, and 15% on the night shift. Chefs and Dining staff arrive around 5 a.m. and the kitchen remains staffed until dinner is completed around 7:30 p.m. Servers arrive 1 hour prior to service. Executive Staff arrives around 8 a.m. and departs around 6 p.m. Weekends always have a manager on duty. The housekeeping and maintenance staff work approximately the same hours. Sincerely, To wye esident-Deve nt Silverstone Healthcare Company, LLC 3710 Rawlins Suite 800 Dallas, TX 75219 Tel. 214.561.2828 Fax 214.561.2897 Case No. Attachment C ZA13-138 Page 5 SILVERSTONE HEALTHCARE COMPANY, LLC March 6, 2014 Richard Schell Principal Planner City of Southlake 1400 Main Street Southlake TX, 76092 Re. HarborChase of Southlake Services HarborChase of Southlake is will be built as a private seniors housing rental community providing state-of-the-art assisted living and memory care services in a secure setting. The community will contain 90 Assisted Living residences and 30 Memory Care residences, a total of 120 residences and 144beds. HarborChase of Southlake's common area amenities and services include: ➢ Wi-Fi services throughout the facility ➢ Transportation to local community activities and medical services ➢ Life Enrichment program with over 21 activities to choose from each and every day ➢ Reception/living room areas with fireplace ➢ Coffee bar, and bistro ➢ Grand double -height dining room with fireplace and outdoor seating overlooking a landscaped garden ➢ Private dining areas and meeting rooms ➢ Full -service kitchen ➢ Exhibition kitchen ➢ Lounge area with bar/refreshment service ➢ Library / computer -business center ➢ Multipurpose room for communal and private gatherings, access to exterior courtyard and movie room ➢ Conference center with lounges and rooms for communal and private gatherings / movie room ➢ Activities center / Wii bowling ➢ Wellness -fitness center with state-of-the-art exercise equipment and personnel ➢ Beauty salon ➢ Landscaped internal courtyards and sun porches ➢ Extensive landscaped grounds with lakes and fountains, walking trails, putting green, butterfly garden, tranquility garden, resident vegetable and flower gardens and pet park ➢ Assisted Living residences with one- or two -bedroom layouts complete with kitchenettes ➢ Nine laundry rooms for personal residents' use ➢ Memory Care units organized around light -filled common areas with living, dining, and daily activities areas and a secure external courtyard 3710 Rawlins Suite 800 Dallas, TX 75219 Tel. 214.561.2828 Fax 214.561.2897 Case No. Attachment C ZA13-138 Page 6 HarborChase of Southlake is being developed by Dallas -based Silverstone Healthcare Company ("Silverstone") in conjunction with a Fortune 50 pension fund and will be operated by Harbor Retirement Associates ("HRA"), a highly respected seniors housing owner/operator who will provide day-to-day management of the community for Silverstone. HRA employs a proven operations platform for the HarborChase of Southlake community. The communities benefit from standards of excellence defined by decades of industry experience, refined through a peer -to -peer approach to performance improvement. We believe that an engaged, enriching lifestyle is the key to a healthy body and happy mindset and thus we will offer a wide choice of activities, classes and clubs every day. We believe every day is a cause for celebration, specifically incorporated in our family -centered cookouts, birthday celebrations and visiting performers' events. Frequent outings to cultural centers, historic locations, and a little shopping and dining out make each day as full as could be wished. Transportation to, and collaboration with, the Southlake Senior Center supports and maintains senior community connectivity and involvement in Southlake. Our residents will enjoy access to an extensive array of health care services supported by a professional staff 24 hours a day. We can provide access through local healthcare systems to more acute care services, such as Extended Care, Respite, Hospice and Home Health Care. On a daily basis we will provide: ➢ Assistance with all aspects of living including medication management, wellness, coordination of therapies and personal services ➢ Three meal (menu) services, including bistro, exhibition kitchen and other dining options ➢ Social, educational and devotional services ➢ Leisure and recreational activity programs ➢ Housekeeping and personal laundry service ➢ Assistance with transportation to doctors, shopping, local dining and other recreational venues ➢ Assistance with pet care ➢ Assistance with the care and management of all aspects of cognitive decline We are proud of our plans for this much -needed senior care community and believe it will be an asset to the City of Southlake. Sincerel 1' r ''Tarty wyer President-Developrijent Silverstone Healthcare Company, LLC 371O Rawlins Suite 8U0 Dallas, TX 75219 Tel. 214.561.2828 Fax 214.561.2897 Case No. Attachment C ZA13-138 Page 7 Requirements for Assisted Living Facilities (Ord. No. 480, Section 45.8) 45.8 SPECIFIC REQUIREMENTS FOR ASSISTED LIVING FACILITIES (This entire section was added by Ordinance No. 480-Y and amended by Ordinance No. 480-GGGG.) a. General Criteria 1) Approval of Assisted Living Facilities shall be based upon an analysis of the location, the site layout and design features, the adequacy of water, sewer, and other public improvements necessary to support the site, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the construction with adjacent land uses. 2) Assisted Living Facilities shall meet all applicable city codes. 3) Assisted Living Facilities shall meet the licensing requirements of the Texas Department of Aging and Disability Services. b. Required Amenities In an effort to maintain a comfortable lifestyle for the residents and for the convenience of the employees and the residents' guests, the following amenities shall be required on site: 1) Cafeteria and/or dining room, 2) Housekeeping service; 3) Basic laundry service; 4) Transportation service to local facilities (e.g. shopping, entertainment, medicallprofessional offices, etc.); 5) Library 6) Computer and/or internet access to each housing unit; 7) Multi -purpose room for such uses as arts and crafts, entertainment, personal reflection, social events, etc.; 8) Exercise room; 9) Personal care service for resident use only (e.g. beauty or barber shop); 10) Furnish or provide transportation to local facilities that provide inhalation therapy, physical therapy and occupational therapy services; and11) Pedestrian -oriented open space directly adjacent to the building, unobstructed by parking stalls, driveways, or other physical impediments. Such open space shall total a minimum ten percent (10%) of the lot area and shall include a garden for community use. c. Permitted Amenities In an effort to enhance the residents' quality of life, certain other special facilities and services for residents, employees and guests are encouraged (e.g, chapel, swimming pool, Jacuzzi, home theater, arts and crafts facilities, greenhouse, senior playgrounds and related uses). d. Permitted Ancillary Uses The following ancillary uses shall be permitted by right to provide on -site goods and services for residents and their guests, but are not intended for use by the general public: 1) Snack bar; 2) Convenience retail shop to provide for the sale of food items, non-prescription drugs, small household items, and gifts; 45-16 Case No. Attachment C ZA13-138 Page 8 3) Pharmacy for resident use only; 4) Medical treatment services for resident use only (e.g., medical clinic, physical therapy services inhalation therapy, and other related uses). e. Concept Plan and Site Plan Required Any applicant seeking approval for a assisted living facility shall submit a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of this ordinance, as amended. A Site Plan shall be approved by the City Council prior to issuance of a building permit. All Concept Plans and Site Plans may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance, as amended. In addition to the requirements set forth above, the applicant shall also provide: 1) A letter describing the facility's services, amenities, and ancillary uses; level of daily patient care; housekeeping, recreational and support services available; 2) A unit mix table showing the number and percentage of housing units by type and size; and the site's gross density; 3) The type of proposed building(s), including the type of facade and the number of stories; 4) A staffing analysis showing the estimated number of occupants and service personnel, staffing ratios, types of staff, and staffing shifts; 5) A floor plan and list of intended uses and the percentage of total floor area that each use will occupy; 6) A unit mix table, showing the type, number, and size of all housing units. f. Development Regulations Except as follows, development regulations shall be in accordance with the underlying zoning district requirements and Section 43, Overlay Zones.: 1) Lot Area: The minimum lot area shall be determined after an analysis of the location, the site design, and the impact and compatibility with adjacent land uses. 2) Floor Area: Each housing unit shall have a minimum floor area based on the unit type: Type "A` and like facilities Type "B` and like facilities Efficiency Unit 350 s.f. 250 s.f. One 1 Bed Unit 450 s.f. 300 s.f. Two (2) Bed Unit 650 s.f. 500 s.f. r As defined by the Texas Department of Aging and Disability Services 3) Maximum Density: The maximum number of housing units per acre shall be twelve (12). 4) Bufferyards: Bufferyards shall be required in accordance with Section 42 and Section 43 of this ordinance. 45-17 Case No. Attachment C ZA13-138 Page 9 5) Interior Landscaping Areas: Interior landscaping shall be required in accordance with the current landscaping ordinance and corridor overlay zone requirements, if applicable. 6) Parking: Ten (10) spaces plus one (1) space per each two (2) beds. g. Licensing Every Assisted Living Facility shall be licensed by the Texas Department of Aging and Disability Services as required by the Assisted Living Facility Licensing Act, Section 247.021, Tex. Health and Safety Code, V.T.C.A. h. Variances At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the uses and/or development standards set forth in this Section. 1) To receive a variance, the applicant must demonstrate the following: i. A variance will reduce the impact of the project on surrounding properties; or ii. Compliance with this Section would impair the architectural design or creativity of the project; or iii. A variance is necessary to assure compatibility with surrounding developed properties. 2) In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. 3) If a variance request is denied by the City Council, no other variance of like kind related to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. Case No. Attachment C ZA13-138 Page 10 Traffic Impact Analysis (TIA) Conclusions Link to TIA CONCLUSIONS An assisted living facility with two access points, one on each W. Southlake Boulevard and another on N. Shady Oaks Drive, is the proposed development slated for completion in 2015. The intersection of W. Southlake Boulevard at N. Shady Oaks Drive will continue to operate at a LOS D or better after traffic from the proposed development is added to the roadway network. This analysis did not find a need for either a deceleration or acceleration lane on W. Southlake Boulevard. The proposed locations of the driveways will provide sufficient sight distance. Case No. Attachment C ZA13-138 Page 11 Lee Engineering Review of TIA 3030 LBJ FREEWAY SUITE 1000 DALLAS, TX 75234 072-248.3006 www.LeeEngineering.com SEE rncinasine December 26, 2013 Ms. Cheryl Taylor, P.P. City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 Re: Harborchase Assisted Living Development - Traffic Impact Analysis Review Dear Ms. Taylor: Per your request, we have reviewed the traffic engineering study for the proposed "Harborchase of Southlake" prepared by Savant Group, Inc. and dated December 23, 2013. The proposed development is located to the west of Shady Oak Drive and north of FM 1709 in Southlake, Texas. We offer the following comments on the submitted traffic impact analysis: • The text of the TIA indicates that the land use is assisted living and will have 141 beds. The proposed development is planned for operation in 2015. The text of the report indicated that the study was completed to satisfy TxDOT requirements because a TIA was not required by the City of Southlake. • The trip generation estimates were correctly developed using the equations provided by the Institute of Transportation Engineers. The development is projected to generate 359 daily trips with 25 trips during the AM peak hour and 41 trips during the PM peak hour. • The trip distribution percentages appear to be reasonable and are based on the existing traffic patterns. • The site plan appears to have space available for future development on the property. If additional future development is planned or anticipated, then trip generation estimates should include the fiiture uses as well. • The developer and City should coordinate so that the driveway to Shady Oak aligns with the planned driveway for the Community Recreation/Senior Center. • A site plan is provided for the development in the TIA, The site plan was not to scale and did not allow us to assess driveway spacing along Shady Oak. 1 ^, f YEARS CF EXCELLENCE Case No. Attachment C ZA13-138 Page 12 • The text of the TIA indicated that the driveway to FM 1709 does not meet TxDOT spacing requirements, but is located half way between an existing commercial drive to the east and the planned Glemnore driveway to the west. As a right-in/right-out driveway the proposed spacing is acceptable but will be subject to TxDOT approval. • The projected turning volumes at the driveway on FM 1709 do not necessitate a right turn deceleration lane along FM 1709. • The projected turning volumes at the driveway on Shady Oak do not warrant a right turn or left turn deceleration lane along Shady Oak. If you have any questions, please contact nie at (972) 248-3006. We appreciate the opportunity to provide these and are available to address any additional comments or concerns. Sincerely, John P. Denholm III, P.E., PTOE Lee Engineering TBPE Firm F-450 'Y E A R S DE (MIIEHCE Case No. Attachment C ZA13-138 Page 13 SOUTHLAKE SPIN MEETING REPORT CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION NIA — Formal application pending Harbor Chase of Southlake SPIN # 6 December 2, 2013 1400 Main Street, Southlake, TX City Council Chambers TOTAL ATTENDANCE: Thirteen (13) • SPIN MEMBER(S) PRESENT: Vic Awtry # 7; David Baltimore — Senior Representative • APPLICANT(S) PRESENTING: Tom Dwyer, Silverstone Development Co.; Kim Lewis, Harbor Retirement Associates; et al one (1) • STAFF PRESENT: Ken Baker, Director of Planning & Development Services: and, Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher. Planner I: (817)748-8069 or Ifletcher -ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 250 Shady Oaks Drive. Development Details • Zoning Change and Development Plan for an approximately 110,000 square foot facility with 90 assisted living and 30 memory care units on approximately ten (10) acres. • Current Zoning is AG — Agricultural District. • The Current Land Use Designation is Low Density Residential. • Mixed single and two-story buildings. Presented at SPIN: Case No. Attachment D ZA13-138 Page 1 QUESTIONS / CONCERNS • Will there be any issues with drainage? We will have ponds for water retention. We do not anticipate any issues. • What about delivery trucks? There will be limited delivery trucks which will be small box trucks. We are planning the delivery area to be depressed by 10 feet in order to alleviate the view of truck traffic. • What about the dumpsters? The dumpsters are located on the northwest side in the same area as deliveries. • Will there be privacy fencing? Yes; we are planning a mixture of fencing and landscaping to include privacy fencing. • What is the occupancy per unit? The majority of the units are single occupancy; some are double. There will a total of 140 occupants. • My primary concern as the adjacent property owner is our privacy. 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 ZA13-138 Page 2 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA13-138 Review No.: Four Date of Review: 03/18/14 Project Name: Site Plan — Harborchase at Southlake Assisted Living Development APPLICANT: Javier Jaramillo Pacheco Koch 8350 N. Central Expy. #1000 Dallas, TX Phone: (972) 235-3031 E-mail: jjaramillo@pkce.com OWNER: Tom Dwyer Silverstone Healthcare Company, LLC 3710 Rawlins St, Suite 800 Dallas, TX 75219 Phone: (214) 561-2830 E-mail: tdwyer@silverstonehc.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/13/14, AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072. The proposed roof material is a simulated slate roof made of metal with a lapped -seam construction, which is prohibited in the Corridor and Residential Overlay Sections of Zoning Ordinance No. 480, as amended. Please add an S-P-1 regulation to allow the metal roof with lapped -seam construction or use an approved roofing material. 2. Please attach the cover for the front drop off to the building or state in the S-P-1 letter that a separate structure is allowed to be forward of the principal building on the lot. 3. There is less than 20% tree cover on this site. The applicant is proposing to preserve 61 % of the existing canopy on the revised plan. The "S-P-1" zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council's approval. The percentage proposed to be preserved (61 %) does not meet the minimum percentage required to be preserved if this was a straight zoning case, which is 70%. Please add an S-P-1 regulation to allow 61% of the existing tree canopy to be preserved. 4. Show, label and dimension the width of the right of way for Shady Oaks Dr. Dimension to the centerline. The Master Thoroughfare Plan shows Shady Oaks Dr. to be a two-lane undivided collector with 60' of right of way. Please dimension the right of way to the centerline since the property across the property across the street has not been platted. The plat for Owens Addition, Lots 1 R and 2 shows that 32' of right of way was dedicated as dimensioned from the centerline. 5. Show and label the existing 5' utility easements for the power line as "To Be Relocated" and use a lighter gray to show those easements. Show the existing and proposed easements on the Site Plan as well as the Amended Plat. 6. Label the maximum height for the one-story and two-story portions of the building on the plan and also add the gross floor area and dimensions of the building on the plan. Case No. Attachment E ZA13-138 Page 1 7. The 6' sidewalk along W. Southlake Blvd. must be expanded to 8' in width as is shown on the Pathways Plan. Please show and label the 8' trail as "Existing 6' sidewalk to be expanded to 8' multi -use trail" on all the site plan and pedestrian access plan. 8. Label the required 8' masonry screen wall matching the principal building with a solid metal access gate around the dumpster on the site plan. 9. Revise the dimensions between the proposed driveway on Shady Oaks Dr., the existing driveway to the south and the proposed street connection to the north. The driveway location has been revised since the previous submittal. The required spacing between commercial driveways on collector streets is 150'. Approximately 225' of spacing is shown between the proposed driveway and the existing commercial drive to the south. The required spacing between commercial driveways and an intersection on a collector street is 150'. Approximately 320' of spacing is shown between the proposed driveway and the proposed street to the north. 10. Remove the hatching for "Non -parking pavement" on the parking spaces. 11. The building as dimensioned in the elevations meets the maximum height requirement of 35' that is allowed in the 0-1 Office District zoning, so please remove the regulation allowing the maximum height to be up to 40'. The ornamental features are allowed a height of up to 15' more than the maximum height of the building or 50'. 12. Correct the scale on the Residential Adjacency exhibits. The scale shown as 1" = 40' is incorrect. 13. Please revise the regulation for Residential Adjacency Standard to match the encroachment as shown on the Residential Adjacency exhibits. 14. Show the type of proposed lighting. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill -over. It is anticipated that a future street will be constructed on the property to the west that will line up with the median break on W. Southlake Blvd. at the intersection with Timberlake Place to the south. If a street is constructed in that location, the driveway proposed on W. Southlake Blvd. with this development will not meet the minimum required driveway spacing of 500'. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed existing tree cover preservation complies with the existing tree cover preservation requirements if the Borderline trees are included, but does not if the borderline trees are not included in the canopy cover calculations. The Tree Preservation Ordinance canopy cover regulations does not account for the preservation or removal of existing trees shown as Borderline on proposed Tree Conservation Plans. Existing tree cover = 65,050 s.f. Existing tree cover required to be preserved = 70% (45,535 s.f.) Existing tree cover proposed to be preserved: Including Borderline trees = 74.5% (48,445 s.f.) Case No. Attachment E ZA13-138 Page 2 Not including Borderline trees = 61 % (39,694 s.f.) SITE PLAN COMMENTS: Please use the Interior and Bufferyards Landscape Summary Charts provided below. 2. In the "Provided" sections of the Interior Landscape and Bufferyards Summary Charts show the plant material calculations with existing tree credits being taken. Provide the existing tree credits information in the "Note" section of the charts. 3. The information for the required 50% - 2" and 50% - 4" caliper canopy trees does not need to be provided unless you want to note it in the "Other Comments" section of the charts. It is implied at the formal submittal stage and is required to be shown within the Plant Material Scheduled at the time plans are submitted for review for a Building Permit. LANDSCAPE COMMENTS: Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. The site plan has changed from the original submittal; revised preliminary water, sewer drainage and grading plans were not provided to the Public Works Department. Minimum turnaround radius must conform to fire department standards of 50-feet. Street intersections must comply with TDLR/ADA accessibility standards. Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Information can befound inthe City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Detention ponds shall be dedicated by plat as drainage easements. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER AND SEWER COMMENTS: The water meters and fire hydrants must be located in an easement or right-of-way. Case No. Attachment E ZA13-138 Page 3 Fire lines shall be separate from the service lines. All water and sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. This property drains into Critical Drainage Structure #20 and requires a fee of $2,142.90 to be paid prior to beginning construction ($214.29/Acre). 2. Revised drainage calculations were not included in packet; therefore, the Engineer must verify that the size, shape, and/or location of the detention ponds, as depicted on the Site Plan will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed ponds may require a revision to the Site Plan and may need to be approved by the Planning and Zoning Commission and the City Council. The difference between pre and post development runoff shall be captured in the detention pond(s). The proposed detention ponds shall control the discharge of the 2, 10 and 100 year storm events. Detention may be required with any new proposed building construction. Access into the ponds must be included in the easements for maintenance of the detention pond. Calculations will be required to verify that the street and the proposed curb inlets will be able to handle the volume of storm water at proposed conditions. All storm sewers collecting runoff from the public street shall be RCP. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Submit 4 copies of the civil construction plans (22" x 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http://www.citvofsouthlake.com/PublicWorks/engineeringdesign.asp A ROW permit shall be obtained from the Public Works Operations Department for connections with the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082. ROW permits from TxDOT are required prior to construction of a driveway on FM 1709. Submit application and plans directly to TxDOT for review. A Commercial Developer Agreement shall be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. Payment, Performance and a separate 2-year Maintenance Bond for public infrastructure shall be required for this development. The 2-year Maintenance Bond shall be bound only unto the City of Southlake. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way as required per the Commercial Developer Agreement. Any hazardous waste being discharged must be pretreated, Ordinance No. 836. Case No. Attachment E ZA13-138 Page 4 Fire Marshal Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: keements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for all residential buildings regardless of square footage. (per 2009 I.F.C. Sec. 903.3.1.3 as amended) All balconies, patios and garages must be protected by the sprinkler system installed in residential buildings. (Also, if the porte- cochere is comprised of combustible construction, it must be protected by the automatic sprinkler system) All sprinkled buildings are required to be equipped with audible fire alarm devices, coverage must also be provided in all bedroom areas to maintain compliance with NFPA 72 and the 2009 1 FC. A complete set of plans for the underground fire protection line, fire sprinkler system and fire alarm system shall be submitted to Reed Fire Protection for review and approval at 14135 Midway Road in Addison, Texas 75001. Business phone is 214-638-7599. A Knox Box Rapid Key entry system shall be installed on the building near access to the riser room. Keys must be provided to access the riser room. The Knox Box can be ordered on the Internet at www.knoxbox.com. A 5 inch Fire Department Connection shall be installed on the building, with a locking Knox cap attached to the FDC to prevent debris from entering the connection. (Plans show 2, 2'/z" FDC) An audible/visual fire alarm device must be installed above the FDC on the building to indicate when a fire alarm condition is present in the building. Approved building address shall be posted on all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. All numbers shall contrast with their background. Electrical, Mechanical, Roof Access, Elevator Equipment, Fire Alarm Panel, Sprinkler Riser and all other pertinent rooms must be labeled with appropriate signage. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW). The plans indicate a hammer -head turnaround on an alternate surface (Grasscrete). The hammerhead must meet the specifications shown on the attached exhibit. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. Case No. Attachment E ZA13-138 Page 5 Fire lanes must be a minimum of 24 feet wide with 6 inch red striping that contains 4 inch white lettering that states "FIRE LANE NO PARKING" every 25 feet. aIN;a:VillQ 0Ak1111111d91LY,I►YilEll kIII &I Hydrants required at a maximum spacing of 600 feet for commercial locations with completely sprinkled buildings. A fire hydrant shall be within 100 feet of the FDC, and the FDC within 50 feet of fire lane access. General Informational Comments A SPIN meeting was held December 2, 2013. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.1.a is required on proposed buildings. A proposed subdivision shows a street connection to Shady Oaks Dr. to the north of the property. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from 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. An amended plat showing relocated and dedicated easements as shown on the site plan must be recorded with the County prior to issuance of a building permit. 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. Denotes Informational Comment Case No. Attachment E ZA13-138 Page 6 SUMMARY CHART — BUFFERYARDS Location/Le Required 1 Length Bufferyard Canopy Accent Trees Shrubs Feuce/Screeniu, Height &Material ngth of Base Line Provided Width/Type Trees North - Required t0' — Fl Provided 10' — Fl East 1 - Required 5 ` - A Provided 5'- A East 2 - Required 5'- A Provided 5'- A South 1 - Required 20' - M Provided 20'- M South 2 - Required 5'— A Provided 5'- A West - Required to'— Fl Provided 10' — Fl Note any Credits used in calculations: a. Other Comments: 1. SUMMARY CHART — INTERIOR LANDSCAPE Landscape 6/6Ground of Area in Canopy Accent Shrubs Cover Seasonal Area Front or Side Trees Trees Color {Sg.Ft•) Required: 75% Provided: Note any credits used in calculations: a. Other Comments: 1. Case No. Attachment E ZA13-138 Page 7 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Harborchase Assisted Living 470 m- to all 980 N d� �O 640 620 800 660 600 02 500 480 410 col s a17 803 F.M. 1709 100 521 475 465 445 4F 10 103 105 1p'1 102 4 4 WO Y 101 100 10 �o m 1p 916 2 103 102 435 111 106 Cay 113 lOg 105 .p 703 107 ,moo 212 Ln (Park Rd) 36V E SOUTHLPIKE SPO # Owner Zoning Address Acreage Response 1. Stacy, Randall W SF1-A 300 SHADY OAKS DR 0.98 O 2. Highberger, Rhonda Etvir Larry SF1-A 310 SHADY OAKS DR 1.10 O 3. Stacy, Roy J SF1-A 320 SHADY OAKS DR 5.61 O 4. Southlake Shay Oaks Buildings (Altus Group) SP1 640 W SOUTHLAKE BLVD 1.14 5. Southlake Shady Oaks Buildings (Altus Group) SP1 620 W SOUTHLAKE BLVD 0.99 F 6. Bank Of The Ozarks SP1 600 W SOUTHLAKE BLVD 1.05 NR 7. Bamt Property Mngmt Co Llc SP1 660 W SOUTHLAKE BLVD 0.86 NR 8. Owen Land & Properties Inc can) dh. AG 800 W SOUTHLAKE 19.71 F 9. Fountain Five Zero Two Tr AG 250 SHADY OAKS DR 10.22 NR 10. Southlake Oaks Llc C2 500 W SOUTHLAKE BLVD 2.53 NR 11. Nick, Jeffrey A Etux Carol I RPUD 100 WOODGLEN CT 0.54 NR 12. Jogerst, James Etux Katrina RPUD 101 WOODGLEN CT 0.60 NR 13. Hall, Mark A RPUD 103 WOODGLEN CT 0.36 NR 14. Smith, Stephen E Etux Susan K RPUD 105 WOODGLEN CT 0.35 NR 15. Gmac Mortgage Corp Llc RPUD 107 WOODGLEN CT 0.54 NR 16. Allmond, Theron R Etux Jacklyn RPUD 109 WOODGLEN CT 0.44 U 17. Hale, Coavert T Etux Julie G RPUD 102 SPRINGBROOK CT 0.50 NR 18. Badgett, Brandi Etvir Mark RPUD 100 SPRINGBROOK CT 0.49 NR 19. Timber Lake Res Assoc Inc RPUD 100 TIMBER LAKE PL 2.82 O Case No. Attachment F ZA13-138 Page 1 (4 Response Forms) 20. Smith, Joe V AG 803 W SOUTHLAKE BLVD 0.98 O 21. Southlake, City Of CS 275 SHADY OAKS DR 3.88 NR 22. Southlake, City Of CS 315 SHADY OAKS DR 5.15 NR 23. 1 Southlake, City Of CS 285 SHADY OAKS DR 7.14 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses Received: Eleven (11) within 200' — Eight (8) Opposed To, Two (2) In Favor and One (1) Undecided Three (3) outside the 200' notification area — One (1) Opposed To and Two (2) In Favor Case No. Attachment F ZA13-138 Page 2 Notification Response Form ZA13-138 Meeting Date: January 23, 2014 at 6:30 PM Allmond, Theron R Etux JacKlyn 109 Woodglen Ct Southlake Tx, 76092 42178C 1 12 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 y� (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature Additional S �f ature� l ae -r Printed Name(s): Iir t.CW " Must be property owner(s) whose name(s) are printed at top. Phone Number (optional): Date: Date: - /s - L/ n contact the Planning CaPartment. One form per property. Case No. Attachment F ZA13-138 Page 3 Notification Response Form ZA13-138 Meeting Date: January 23, 2014 at 6:30 PM Highberger, Rhonda Etvir Larry 310 Shady Oaks Dr Southlake Tx, 76092 16755 6 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owners) of the property so noted above, are hereby in favor of apposed to undecided about. i (circler or underline one) the: proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: r 40 re -51 de n Lf a-( 6 Signature: Date: / Additional Sign - Date: PL Printed Name($): • or?W4C 9' i a i- r �7b ' Must be property owner(s) whose nanv(s) are printed at top. Otherwise contekt the Ptann4 Department. rm form per property. Phone Number (optional): Case No. Attachment F ZA13-138 Page 4 Notification Response Form ZA13-130 Meeting Date: January 23, 2014 at 6:30 PM Stacy, Roy J 320 Shady Oaks Dr Southlake Tx, 76092 16755 7 01 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: 1�f�//.i�Lr.r' .!�! y siwwyLu//�/ / �.✓ /�losl: � � /L.' / _� l .. � • . � f Signature: 1&0-/ Additional Signature. Date Printed Name(s): ui ' _.__,4c- ' / } Must be property owner(a) whose name() are printed at top. Qth contact the Planning Department. One form pelf property. Phone Number (opflonal), F/ 7, - 8 /- 3X.0 Case No. Attachment F ZA13-138 Page 5 From: "Roy Stacy'' Date: (March 25, 2014 at 1:35:09 PM CDT To: <Mayorpci.southlake.tx.us> Subject: Request to deny Zoning change at 250 N.Shady Oaks Drive March 24,2014 Southlake, Texas Mayor Terrell and Ladies and Gentlemen of the City Council City of Southlake: Thank you for your time to consider our appeal, not to approve a Zoning Change on the property located at 250 N.Shady Oaks Drive, from Agriculture / low density to Commercial. I realize that the developer and some council members are referring to the change as medium density. hov,,ever the facility they are proposing to develop at that location is obviously a Commercial facility, that would make it necessary to change the zoning to Commercial. We all know that Southlake has a City Charter and the Master Plan specifies that Commercial is not to be developed next to residential. We attended the Council meeting March 18, 2014 and attempted to express the many reasons this was not the right location for this facility. The Developer also took a great deal of time (actually several members of their company took a great deal of time), shoving beautiful photographs. grafts and charts illustrating hov,1 beautiful and wonderful this facility would be. On the other hand we were allotted three minutes to attempt to explain all the reasons we believe it is not the right location for this beautiful facility. The developer had obviously had an opportunity to communicate with at least some members of the council prior to this meeting, as comments were made alluding to previous exchanges of conversation, so it ::could seem the Council actually knew a lot about the facility prior to this meeting. It was impossible in three minutes to explain all the reasons this facility regardless of how beautiful it is outwardly is undesirable in any neighborhood. Mr.Bledsoe who made it quite clear that he was in full agreement with the proposal, stated that he had received calls from residents of Timaaron who were " in favor of it ", a lady who had brought her Mother to Southlake from California spoke in favor of the location, two gentlemen also spoke in favor of it. However. none of them live on N.Shady Oaks Drive. It is very easy to be in favor of something as long as it does not impact you negatively. I do not believe any one of those who spoke in favor of the facility would want it next door to their home. As I recall there was lengthy discussion about an unattractive building that a developer was requesting to place in Town Square. Several members of the council stated that it was an unattractive building and not appropriate for Town Square, although the developer assured the council that the interior vvas outstanding. Case No. Attachment F ZA13-138 Page 6 The Harborchase facility is an attractive building, however as a Commercial facility of this magnitude it brings with it many unattractive features that would be required for it to operate successfully in the manner they explained that it would be, due to all the many features it will provide. Traffic was mentioned at a P and Z Meeting and the developer explained that their study showed to be minimal additional traffic. However, it is my belief that they have not taken into consideration all traffic required to maintain and provide all that was explained that is planned for this facility. N. Shady Oaks Drive already has a tremendous amount of traffic that speeds by our homes every day. Take into consideration the number of employees, visitors, service vehicles bringing supplies, gardeners to maintain all the lovely flowers shown in the photographs, someone to keep the doggie walks cleaned , noisy garbage trucks emptying smelly dumpsters, lawn care people , and numerous emergency vehicles what would no doubt be called to a facility with the number of elderly residents as proposed in the presentation. This developer stated at a P and Z meeting that they had an agreement with the City that emergency vehicles would run silent..l can't imagine any emergency vehicle going down Southlake Blvd or any other street in Southlake in an emergency situation without flashing lights, honking horns and sirens.. That obviously would be very dangerous and I would think against the law. If it isn't it should be. They also mentioned bussing residents of Harborchase and other Southlake residents to various places, which adds busses to the traffic already mentioned. It is my understanding that the N. Shady Oaks Drive entrance is designated as the service entrance, which means that all of the aforementioned traffic would be entering and leaving this property right beside the home at 300 N. Shady Oaks Drive. I do not believe that anyone of you or any of those who spoke in favor of this development would want the same thing happening next door to their home. It was also mentioned that to respond to a request of the developer of the Owen property to relocate the building to place it farther from their fence the two story portion was moved North and East which places it even closer to Randy and Cathy Stacy's back yard where they spend a lot of time at the pool with their grandchildren, cookouts and family picnics weather permitting. Keeping the grounds beautiful during the summer months would require a lot of water, to this the developer stated they planned to drill a well. Since Southlake residents are on watering restrictions during several months of the year and it is impossible to keep our lawns green watering only twice a week, are we all allowed to drill a well ? A business man on Southlake Blvd who has a tree farm told me that they have a well, but can't pump it all day,( so apparently there is a limited water supply even with a well ). However, I notice water running in the street in front of the Shady Oak development as they water at night to keep their entrance attractive. ( water running in the street can also be seen along Southlake Blvd.). It is my understanding that the Owen property had agreed to a low density residential development. However, when they learned of this Commercial proposal before the Council regarding the 250 N.Shady Oaks Drive property, they tabled their plans indefinitely.. That would Case No. Attachment F ZA13-138 Page 7 lead one to believe that they are planning to request higher density for that development. How can you grant one developer Commercial Zoning and not the adjoining property which is also next door to residential neighborhoods... We respectfully ask that you do not approve this zoning change at this location. VVe have enjoyed living in our home for over forty years and would like to continue doing so without constant worry about what zoning changes might be forthcoming. Thank you for your time and consideration. Respectfully, Merrill and Roy Stacy 320 N.Shady oaks Drive Southlake, Texas 76092 Case No. Attachment F ZA13-138 Page 8 Notification Response Form ZA13-139 Meeting Date: January 23, 2014 at 6:30 PM Timber Lake Res Assoc Inc 1800 Preston Park Blvd Ste 101 Plano Tx, 75093 42178C 2 32A 70 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. This proposed change is not acceptab a for a number of reasons, including the fact that this proposed operittion does not fit at all with the nature of th6 surrounding areas. , This proposed use will result in a "24171365" type of operation, with a high number and frequency of employees entering and exiting the property (given its nature as a business with a very- high staffing intensity), a steady flow arvisitors, and multiple types of truck deliveries, at all hours of the day and night. This additional traffic will only worsen the existing traffic congestion on Southlake Boulevard and Shady Oaks. In tandem with the proposed Glenmore addition —which is HIGIILYproblematic for the many reasons, as already previously communicated to P&Z — all of these negative issues are further exacerbated by this proposed operation. I would also anticipate that any future residents of the $700K to $1MM homes in the proposed; Glenmore addition (regardless of how that property may finally be developed) would react very negatively to having this proposed operation as their immediate neighbor. I sense that this proposed change is being requested now in order to "sneak" this change in before the proposed Glenmore addition is even started. Signature: Additional Signature: Printed Name(s): ) Must be property owner(s) whose are printed at top. Othenviso contact the Phone Number (optional): '1(7)--,57 Date. f Date: OS 4n- e,hves 1 Department, One form per 40ve?-" ems. 2bo.? Case No. Attachment F ZA13-138 Page 9 Notification Response Form ZA13-138 Meeting Date: January 23, 2014 at 6:30 PM Timber Lake Res Assoc Inc 1800 Preston Park Blvd Ste 101 Plano Tx, 76093 42178C 2 32A 70 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: T5 M coA't-_ c0n4&A'S-%Q-t --I Sowt �ut�lc�2 C v. car "-rtL iw -h�,. 6\ �.. tie.et i-!-s- c,.► i1L �h,t� �,.+e, ;r�.� '�'`Q- (srobt,i,t„ Signature: Date: - r Additional Signature: ''� Date: f Printed Name(s): M j L H C LLA L L, -J �-G? 4.-k-e Must be Property owner(a) whose name(s) are printed at top. OtheP %e contact the Planning Deperbnent. One iorin per prop - Phone Number (optional): `467 Case No. Attachment F ZA13-138 Page 10 Notification Response Form ZA13-138 Meeting Date: January 23, 2014 at 6:30 PM Timber Lake Res Assoc Inc 1800 Preston Park Blvd Ste 101 Plano Tx, 75083 42178C 2 32A 70 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;, `: opsed toy undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments reg;:rding your position: 1 55I.5tp IViN� Acts+-v st�� 1�i nJnr o�cry= _il raS r of Ic-ro ws Ae — 0N1L 3 ".d u �y a6 '6 l-F vim+ L.'rc Signature: _'� f . ��G��-- _ Date: Additional Signature: Date-. Printed Narne(s): MAC t�U� tt;� ;� L-0 I i Lre i--',2.=f� � ,.�` Must be property oumer(s) whosa na"..0) are. printed at top. Otherwise contact the Pfanning;,epaRment. One form peg property. Phone Number (optional): 7I -3 _ c1 Pg- 31 y _ - Case No. Attachment F ZA13-138 Page 11 Notification Response Form ZA13-138 Meeting Date: January 23, 2014 at 6:30 PM Timber Lake Res Assoc Inc 1800 Preston Park Blvd Ste 101 Plano Tx, 75093 42178C 2 32A 70 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the pro a 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: Signatu Additional Signature: Printed Name(s): Must be property owner(s) whose are printed at top. Otherwise contact the Phone Number (optional): ,?17- q9,�'-/5''// Date: Date: One form per property_ Case No. Attachment F ZA13-138 Page 12 Notification Response Form ZA13-138 i. Meeting Date: January 23, 2014 at 6:30 PM Smith, Joe V 803 W southlake Blvd Southlake Tx, 76092 A 97 1 PLEASE PROVIDEHE STMAIL, aR HAND DELIVERY BEFORE ART OF THE SCHEDULED PUBLIC HEARING. G Being the owner(s) of the pro erty_so noted above, are hereby in favor ofppose to �� undecided about circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Additional Signature: I IVA Printed Names}: "� Must be properly owrner[s] whose names} are printed t tap. Phone Number (optional): Case No. ZA13-138 Date: Date:. carrtactthe Planning Department. One form per property. Attachment F Page 13 Case No. Attachment F ZA13-138 Page 14 AltusGroup February 18, 2014 City of Southlake Planning & Development Services Notification Response 1400 Main Street — Suite 310 Southlake, TX 76092 Re: Re -Zoning for Harbor Chase of Southlake (CP13-010, ZA13-138): Ladies and Gentlemen; It has come to my attention that the assisted living facility for Harbor Chase of Southlake is currently the subject of an application for zoning change which would increase the allowable density for the parcel from its current zoning to medium -density residential to facilitate the development of an Assisted Living and Memory Care community for Southlake's seniors. As a neighboring property owner and tenant, I am writing to register my support for the proposed zoning change on the following grounds: • The proposed development would provide an attractive buffer between our neighboring office park and the existing and planned single-family subdivisions to the north and west. • The proposed use is convenient to the new senior's center proposed for Bicentennial Park. • The proposed use generates minimal traffic and would not impact our site or exacerbate existing traffic issues along both West Southlake Blvd. and Shady Oaks Drive. As a result of the above referenced points, I believe and support this use and zoning change for the land adjacent to our property. Respectfully submitted, William rey' e z ey, III Southlake Shady Oaks Buildings 1-3 LP General Partner Altus Group Ltd. Vice -President Property Taxl Cost Consulting & Project Management I Research, Valuation & Advisory I Geomatl s I ARGUS Software 640 West Southlake Blvd, Southlake, TX 76092 USA T 817.251.6666 F 817.251.4833 allusgroup.com Case No. Attachment F ZA13-138 Page 15 February 19, 2014 CENTURION AMERICAN City of Southlake Planning & Development Services Notification Response 1400 Main Street — Suite 310 Southlake, TX 76092 Re: Re -Zoning for HarborChase of Southlake (CP13-010, ZA13-138): Ladies and Gentlemen; As you know Centurion American owns the "Owens Property" that is contiguous to this case. We have met with the principles for this assisted living facility know as HarborChase of Southlake and they are currently the subject of an application for zoning change which would increase the allowable density for the parcel from its current zoning to medium -density residential to facilitate the development of an Assisted Living and Memory Care community for Southlake's seniors. As a neighboring property owner, I am writing to register my support for the proposed zoning change on the following grounds: • The proposed development would provide an attractive buffer between the neighboring office park to the east and the existing and planned single-family subdivisions to the north and west. • The proposed site plan creates a park -like setting which preserves trees and open space for the community at large; • The proposed use as seniors housing is compatible with the needs of older citizens of Southlake and is convenient to the new senior's center proposed for Bicentennial Park. • The proposed use generates tax revenues without burdening schools or other municipal services. • The proposed new layout should generate minimal traffic and would not exacerbate existing traffic issues along both Southlake Blvd. and Shady Oaks Drive; • The new design that we were shown eliminated the trash dumpsters, delivery area, as well as our concerns along our eastern property line. Please see attached Exhibit depicting 8' Masonry type Screening/Buffer wall location and also potential location if the Stacy Family would request it. As a result of the above referenced points, we believe and support this use and zoning change for the land adjacent to our property. Thanks very much for your attention to this matter. Sincerely, Mehrdad Moayedi Centurion American Development Group CENTURION AMERICAN • DIEVEL..OPMENT c:�r,'G 1221 1H 35E, SUITE 200 • CARROLLTON, TX 75006 • (0) 469.892.7200 • (F) 469.892.7201 Case No. Attachment F ZA13-138 Page 16 I I Case No. ZA1 3-138 11tl�VItlVI➢�� nn �0���0�1 � IA �0 I�99I� 9I919hllll@9 I Attachment F Page 17 RESPONSES RECEIVED OUTSIDE 200' Crry Of 330 Shady Oaks opposition Ron Stacy Tue, Jan 21, 2014 at 6:03 PM To: "rschell@ci.southlake.tx.us" <rschell@ci.southlake.tx.us> Mr. Schell, Please note that my wife and I are totally opposed to the multi resident facility planned for discussion tonight at P&Z There is absolutely no way that this commercial development should come so deep off of Southlake Blvd. Please, please express our disagreement with this proposed development. You are already considering another large residential plan to the west of this property. Residential is what we opposed last time before we knew about this commercial development with a parking lot for 200 cars? This is NOT the proper use for this particular tract. Thank you , Ron and Barbara Stacy. P. S. You can withdraw my opposition to the Glenmore proposal. I would much rather have that than this deal! Ron Stacy V, Case No. Attachment F ZA13-138 Page 18 Tom Dwyer From: Richard McCauley Sent: Tuesday, February 19, 2014 7:16 PM To: t-dwyer@silverstonhc.com Subject: Fw: HARBOR CHASE ASSISTED LIVING - -- original Message From: Richard McCauley TO: rornswyer@silyerstonertc.com Sent: Tuesday, February 18, 2014 6:45 PM Subject: HARHOR CHASE ASSISTED LIVING Good Evening Tom, I welcome the opportunity to commit to writing my personal thoughts. Please note, these are personal reflections, based upon the two meetings with you and Kim last week. If time permits, would suggest we reschedule meeting with the Senior Advisory Commission. We then likely could arrive at a formal position on Chase Harbor. Below will itemize why I'm enthused about the potential of you as an across the road neighbor from our new facility in Bicentennial Park: * Proximity to Town Hall * Proximity fire and police services * Less than a miles from Harris Methodist and 3 miles from Baylor You design layout appears well thought through, including the landscape * A logical partner in event planning and activity with our Senior Center, which proudly has membership from over ZQ Tarant county cities. * An assertive attitude by Kim and her staff toward true partnering with us. This is something Watermere has resisted, to their detriment. * Use of CARS for transportation, sitting 1 mile from the core of their operation. * Excellent traffic flow Case No. Attachment F ZA13-138 Page 19 The need for assisted living facilities is growing rapidly all over the U.S. We wan the best of the hest. It appears you may be offering gust that. Best wishes, Dick McCauley Case No. Attachment F ZA13-138 Page 20 Wyndham Properties Ltd. 640 W. Southlake Blvd. Southlake TX 76092 February 18, 2014 City of Southlake Planning & Development Services Notification Response 1400 Main Street - Suite 310 Southlake, TX 76092 Re: Re -Zoning for HarborChase of Southlake (CP13-010, ZA13-138): Ladies and Gentlemen; I office in the adjacent office building and have met with Silverstone Healthcare Company and reviewed their site plan. I am writing to register my support for the requested zoning change and site plan for this property. I believe the transition from this office complex on the corner of Southlake Blvd and Shady Oaks to this use/site plan which wraps around the office complex will provide a very appropriate and pleasing transaction to the residential areas on the outer boundaries of the proposed project. Thanks very much for your consideration of my support. Sincerely, erry Wilkinson Case No. Attachment F ZA13-138 Page 21 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-658 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 2, BLOCK 1, OWENS ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 10.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 "AG" Agricultural Case No. Attachment G ZA13-138 Page 1 District 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 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 Case No. Attachment G ZA13-138 Page 2 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 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 2, Block 1, Owens Addition, City of Southlake, Tarrant County, Texas, being approximately 10.0 acres, and more fully and completely Case No. Attachment G ZA13-138 Page 3 described in Exhibit "A" from "AG" Agricultural 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: 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 ZA13-138 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment G ZA13-138 Page 5 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 day of , 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2014. MAYOR ATTEST: Case No. Attachment G ZA13-138 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA13-138 Attachment G Page 7 EXHIBIT "A" Being legally described as Lot 2, Block 1, Owens Addition, City of Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slide 4317, Plat Records, Tarrant County, Texas and being approximately 10.0 acres. Case No. Attachment G ZA13-138 Page 8 *AV :I11.11 M 1.1 Reserved for approved concept plan and zoning documents Case No. ZA13-138 Attachment G Page 9