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Item 7A13 CITY OF S0UTHLA1<,.,E Department of Planning & Development Services �:adrill 0=:»ll:aI May 14, 2014 CASE NO: ZA14-031 PROJECT: Zoning Change and Site Plan for Avanti at Southlake EXECUTIVE SUMMARY: Avanti Senior Living and Cypressbrook Company are requesting approval of a Zoning Change and Site Plan for Avanti at Southlake on property described Lots 2 and 3, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 395 and 405 S. Kimball Ave., Southlake, Texas. Current zoning: "SF-1A" Single Family Residential District. Proposed zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8. DETAILS: The applicants are requesting approval of a Zoning Change and Site Plan for Avanti at Southlake from "SF-1 A" Single Family Residential District to "S-P-1" Detailed Site Plan District to develop a one-story, 90 unit senior housing facility consisting of fifty (50) assisted living units and forty (40) memory care units. Eight of the assisted living units are proposed to be two bedroom units for a total of ninety-eight (98) beds in the facility. VARIANCE REQUESTED Case No. ZA14-031 Driveway Ordinance No. 634, Section 5.1 requires a minimum centerline spacing for driveways along arterial streets to be 250'. The applicant is requesting a variance to allow a centerline spacing of approximately 91' to the residential driveway to the north. The Planning and Zoning Commission recommended approval (4-0) subject to Site Plan Review Summary No. 3 and Staff Report dated April 11, 2014 with the requested variance to Driveway Ordinance No. 634, Section 5.1 requiring a minimum centerline spacing for driveways along arterial streets to be 250' to allow a centerline spacing of approximately 91' to the residential driveway to the north and subject to the applicant's willingness to present an alternative access plan that will provide for a cross access easement at the front. In addition to the cross access easement at the front of the lot, the Planning and Zoning Commission suggested the following considerations: ACTION NEEDED: ATTACHMENTS: P&Z Suggestion Applicant's Response Provide a cross access easement to the A revised site plan with access to the lots to the north and south lots to the north and south will be presented at the Council meeting. Consider an alternate grading plan to The building and detention pond have preserve more trees along S. Kimball Ave. been shifted to the east and the existing retaining wall along S. Kimball will now remain to save more trees (21 % of tree canopy to be preserved instead of 14.2% previously). Provide more information on exterior More information will be provided at finishes and colors. the Council meeting. Provide more information on interior More information will be provided at finishes and colors. the Council meeting. Provide more information regarding Avanti More information will be provided at history, current projects, etc. the Council meeting. Consider 1st reading approval of a Zoning Change and Site Plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN meeting Report dated February 11, 2014 (E) Site Plan Review Summary No. 4, dated May 14, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-664 (G) Full Size Plans (for Commission and Council members only) I;3rAJ;961.1k11ff" cam: za, Richard Schell Case No. ZA14-031 (817) 748-8067 (817) 748-8602 BACKGROUND INFORMATION OWNER: Kimberly Koelzer and William B. Thompson, Teresa Jane Thompson APPLICANTS: Cypressbrook Company and Avanti Senior Living PROPERTY SITUATION: 395 and 405 S. Kimball Ave. LEGAL DESCRIPTION: Lots 2 and 3, Meadow Oaks Addition CURRENT ZONING: "SF-1A" Single Family Residential District PROPOSED ZONING: "S-P-1" - Detailed Site Plan District HISTORY: -The Meadow Oaks subdivision was zoned A-3 Single Family District and a Final Plat filed in 1979. - The SF-1 Single Family District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 334 in 1986. - The SF-1A Single Family Residential District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 480 in 1989. SOUTHLAKE 2030 PLAN: Future Land Use Plan The site is designated "Mixed Use". The purpose of the mixed use designation is to provide an option for large-scale, master -planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. Definition: The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher - intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. Crooked/Kimball Small Area Plan The property is also included in the Crooked/Kimball Small Area Plan. The Future Land Use designation was changed from Low Density Residential to Mixed Use in 2012 as a result of the recommendations in that plan. Case No. Attachment A ZA14-031 Page 1 TRANSPORTATION ASSESSMENT: TREE PRESERVATION: hjIl111111*3 Case No. ZA14-031 Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Kimball Ave. to be a 4-lane divided arterial with 88' of right of way. Adequate right of way is shown on the plans. The future Village Center drive location will be north of the subject property. f�' AIL Commercials, y ' t I e �R aN Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows a 6' sidewalk along S. Kimball Ave. A 5' sidewalk is shown on the Site Plan. The existing retaining wall that was shown to be removed on the previously submitted site plan will now remain to preserve addition trees along S. Kimball Ave. and a 6' sidewalk will not fit between the existing retaining wall and the back of the curb. Area Road Network and Conditions The proposed development will have access onto S. Kimball Ave. * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Assisted Living 98 Beds 1 261 9 5 10 1 12 * 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, 7`" Edition Approximately 37% of the site has tree canopy coverage. The applicant is proposing to preserve approximately 14.2% of the existing tree canopy coverage. The utility plan shows a connection to the existing 12-inch water line and 8- inch sewer line in S Kimball Ave. Attachment A Page 2 CITIZEN INPUT: A SPIN meeting was held for this project on February 11, 2014. A copy of the report for this meeting can be found under Attachment `D' of this staff report. PLANNING AND ZONING COMMISSION ACTION: April 17, 2014; Approved (4-0) subject to Site Plan Review Summary No. 3 and Staff Report dated April 11, 2014 with the requested variance to Driveway Ordinance No. 634, Section 5.1 requiring a minimum centerline spacing for driveways along arterial streets to be 250' to allow a centerline spacing of approximately 91' to the residential driveway to the north and subject to the applicant's willingness to present an alternative access plan that will provide for a cross access easement at the front. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated May 14, 2014. Case No. Attachment A ZA14-031 Page 3 E SOUTHLAKE BLVD Case No. ZA14-031 Vicinity Map 395 and 405 S. Kimball Ave. a O ZA14-031 Zoning Change N and Site Plan 0 395 790 1,580 w e Feet s Attachment B Page 1 Plans and Support Information Site Plan Presented at April 17, 2014 P&Z Meeting n 3NY1n IIIIII I � it I�11 € v 116 414 m - tlN0 NOt1N3 O 4 0 gg I�ua lYdM r, 3 gy� 9NwIV13i13NO1S N a aNusixa anow3a S atla H3a13o(,o.<<a'oid)o anNRAV11VSNDI'S tl390dOad Coop=�.avn moa) Ad^'a'vaa �xvaanH salt oNuxlx3 avow w3a xnM3ais i e' RLP r � — LN3w3htld 313HtlN00 90350tlOad 1tl llIH T1Y9wIN OL A58� ary tld5 ua..e� NI .0 Oa Case No. Attachment C ZA14-031 Page 1 Revised Site Plan for May 20, 2014 Council Meeting � � �� � § 1NYJtlA/3tllLLlKJ9klV='0'n'l I oY 3Noz � � Go Z 3sn�1 elole3 eliVM -W o 02 a � � m p ��. i (.04"[16 3IZL005 �aoidl� %� a x w- I' ill ~ 1 .BL < Q �Z oO � _ W Y_ O Z _ QI �� I I ��0 4�9 '�✓�f II O - H ! 00 M1' I e I E i fp JJ LL s a ------------- r m ¢ 1 $ , 1 1WS aNOd 431VQIa34 NI � +�, rvp NIVW3lf O13llbAn '�JNlNIV13H 9NI '� Otl } 1Nbaau aNld ovdv aor� 3nN3AV-1ltl9WDf S �JNI191X331tlJO19 AYM3NN0 Coll-r-uaYn 9NLL9w I �1 NT/M308 1NNUAVd 3i?aZ .9a9BOdONd Case No. Attachment C ZA14-031 Page 2 S-P-1 Zoning Narrative and Regulations March 31, 2014 Mr. Richard Schell Principal Planner Planning & Development Services, City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Formal Submittal for Avanti- Southlake, Case No. ZA14-031 Lot 2 and 3, Meadow Oaks Subdivision (395 and 405 S.Kimball Ave.), Southlake, TX Narrative for S-P-1 (Detailed Site Plan) Dear Mr. Schell, The purpose of this document is to provide clarification and information regarding our Formal Submittal for Detailed Site Plan (S-P-1) and Zoning Change Applications submitted March 10, 2014. OVERVIEW We are the developer for Avanti Senior Living who desires to develop, build, own and operate a senior living facility that will contain both assisted living and memory care units. Currently the property is zoned SF- 1A (Single Family) and we request a zoning change to S-P-1 (Detailed Site Plan). The adjacent property uses are currently residential to the north, east and south, with Dawson Middle School and Eubanks Intermediate School across Kimball to the west. We conducted a SPIN Meeting on February 11, 2014 and addressed several comments. Subsequently we have meet with a local resident, Jeff Wang, 495 S. Kimball, to discuss the development and hear his concerns. He requested that we move our driveway location toward the northern edge of the property to deconflict future traffic from potential development on the south. We did not object and have reoriented our site plan accordingly. We know of no other objections to or concern with the project at this time. Our S-P-1 and Zoning Change Applications with appropriate exhibits were submitted on March 10, 2014. We received Review No. One from the Southlake Planning Staff, Public Works - Engineering Department, and Fire Dapartment on March 21, 2014. PERMITTED USES 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 3 City ofSouthlake, DRC Submittal, March 10, 2014 Page 2 of 9 The property will be permitted to be used as an Assisted Living Facility consistent with the Southlake Code of Ordinances, Special Use Permits, Section 45.8 as amended. More specifically, the project will comply with the various portions of Section 45.8 as follows: 45.8 b. Required Amenities: 1) Main dining areas for both assisted living and memory care will be provided as well as other smaller dining options. 2) Housekeeping service is provided throughout the community and available to all residents. 3) The community will have laundry facilities for staff use as well as multiple laundry areas for resident use. 4) Transportation is available for all residents through a property owned vehicle to multiple venues. 5) The community will have a library/reading area. 6) Each assisted living resident unit will have access to the internet and wi-fi access will be available throughout the community. 7) An Activity Room is provided for multiple uses such as arts and crafts and general socialization. 8) Exercise activities are generally conducted in the Activity Room. 9) The community will provide spa and salon service as well as a nail bar for residents. 10) Transportation is available for physical and occupation therapy and other medical needs. 11) The community is designed with safe and convenient outdoor spaces in close proximity to the building and an area will be reserved for community garden use. 45.8 c. Permitted Amenities: 1) Outdoor playground area for grandchildren of residents and children of staff. 2) Home theater area for resident use. 3) Art Studio for resident use. 45.8 d. Permitted Ancillary Uses: 1) Space is provided for a Home Health provider to provide wellness exams with the community. 2) Medications area provides medications dispensing and storage. 45.8 e. Additional Information to Site Plan: 1) Services, amenities and services provided: 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 4 City of Southlake, DRC Submittal, March 10, 2014 Page 3 of 9 a. Medical and wellness suite including exam room and telemedicine b. Medication management and administration c. Assistance with daily living activities d. Incontinent care e. Gentle reminders and help with mobility f. Care coordination amongst providers g. Transportation to doctor appointments and outings h. Housekeeping and laundry services available i. Mind / Body / Strength Program j. Varied dining experiences including: • Multiple dining rooms • Caf6 • In suite dining option • Food prepared how you want and when you want • Multiple selections and made to order k. Memory Care services include: • Serenity Suites- tranquil dignity • Private suites and bathrooms with fully accessible showers • Mind / Body / Strength Program • "Country Kitchen" style dining (family style) • Medications administered by nurses and certified medications supervisor • 24/7 secured area • Discretely controlled access with 24/7 monitoring 2) Unit mix table (%): Quantity Size (SF) Total (SF) Total (%) Assisted Living, Studio 14 463 6,482 9% Assisted Living, 1-Bedroom 25 607 15,175 20% Assisted Living, 1-Bedroom + Den 2 798 1,596 2% Assisted Living, 1-Bedroom + Den 1 679 679 1% Assisted Living, 2-Bedroom 8 775 6,200 8% Memory Care 40 327 13,080 17% TOTAL 90 43,212 57% Building Common & Service Areas I I32,944 43% Gross Building Total I 1 1 76,156 100% 3) Building information: Type: Large Type B, Assisted Living, I-2 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 5 City ofSouthlake, DRC Submittal, March 10, 2014 Page 4 of 9 Facade: Mix of masonry (stone) and stucco exterior veneer with some exposed wood elements No. of Stories: One (1) 4) Staffing Analysis: Set Hours up to 24 25- 50 51- 90 or Shift DEPARTMENT Residents Residents Residents Work HOURS TOTAL EXECUTIVE TEAM 9 9 9 Set Hours 9 am - 5 pm ** TOTAL SUPPORTIVE TEAM 3 3 3 Set Hours 7 am - 7 pm ** 6am-2pm/2pm-10pm/ TOTAL NURSING & CARE 14 24 36 Shift 10 pm - 6 am ** TOTAL DINING 5 7 8 Shift 6 am - 2 pm / 2 pm - 7 pm ** TOTAL HOUSEKEEPING 1 3 5 Set Hours 7 am - 3 pm ** TOTAL rTE STAFF 32 46 61 * * All shift times can be adjusted as necessary based on high traffic times due to school drop offs and pick u 5) List of intended uses and floor area: Approximately 32,944 square feet (43%) of the overall building area will be dedicated to amenities, community common space, staff areas and back of house service areas. Approximately 43,212 square feet (57%) of the total building area will be dedicated to resident living space. 6) Unit mix table: Quantity Size (SF) Total (SF) Total (%) Assisted Living, Studio 14 463 6,482 9% Assisted Living, 1-Bedroom 25 607 15,175 20% Assisted Living, 1-Bedroom + Den 2 798 1,596 2% Assisted Living, 1-Bedroom + Den 1 679 679 1% Assisted Living, 2-Bedroom 8 775 6,200 8% Memory Care 40 327 13,080 17% TOTAL 90 43,212 57% Building Common & Service Areas 32,944 43% Gross Building Total 76,156 100% 1776 14%odstead Court, Smite 218 The Hloodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 6 City of Southlake, DRC Submittal, March 10, 2014 Page 5 of 9 45.8 f. Development Regulations: The underlying Zoning District is proposed to be C-3 (Commercial District) and the following shall be in compliance: 1) Lot Area: Currently a total of 7.841 acres in two existing lots 2) Floor Area: The following data regarding unit floor area is provided: Type B Required Provided One 1 Bed Unit- AL 300 SF 623 SF (Avg.) Two 2 Bed Unit- AL 500 SF 775 One 1 Bed Unit- MC 300 SF 327 Two 2 Bed Unit- MC 500 SF N/A 3) The Maximum Density allowed is 12 units per acre. The site is 7.841 acres which allows a maximum of 94 units. The project proposed a total of 90 living units. 4) Bufferyards: Bufferyards and height restrictions shall comply with C-3 requirements as follows: a. Height: The maximum height allowed under C-3 is 35' and the maximum height of the building will be 32' at the highest point. b. Front:30' c. Sides:15' d. Rear:25' e. Maximum Lot Coverage: Buildings shall not exceed 50% of the lot area. The lot area is approximately 341,553 square feet and the building area is 76,156 square feet or approximately 22.3% coverage. f. Floor Area: Minimum of 2,000 square feet. The building is approximately 76,156 square feet. g. There will be no resale activities at the community. h. All exterior lighting will meet the requirements of the current lighting ordinance, as amended. 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 7 City of Southlake, DRC Submittal, March 10, 2014 Page 6 of 9 i. Outdoor trash receptacles will be located as reflected and will be completely surrounded by a suitable visual barrier. j. Off-street parking will be provided with hard surfaced drive and parking areas. k. Maximum Impervious Coverage: The maximum impervious coverage in C-3 allowed is 75%. The actual impervious coverage is 48.3%. 1. Vertical articulation requirements will be met except for Elevation C/02 and C/04. We request that these be relaxed in accordance with Elevations C/02 and C/04 as shown so as not to detract from the visual aesthetic of the building architecture. 5) Interior Landscaping Areas: Interior landscaping areas shall comply with current ordinances. 6) Parking: Required: Ten (10) spaces plus one (1) space per each two (2) beds. The project will allow up to 98 beds resulting in 49 parking spaces required plus 10 for a total of 59 spaces required. Provided: The Site Plan reflects 62 spaces provided. 48.5 g. Licensing: The community will be licensed in accordance with the Texas Department of Aging and Disability Services. 5 h. Variances: The following variances or exceptions are requested: 1) Variance to allow the minimum driveway spacing to be nine feet (9') less than required by ordinance in order to avoid power pole. 2) Variance to reduce the preservation of the existing tree canopy coverage from 60% to 14%. This variance is required due to the loss of trees that occurs as a result of the grade changes necessary to achieve a one story facility. 3) If required, a variance to allow assisted living as a permitted use within the Airport Overlay Zone (see discussion below). 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 8 City of Southlake, DRC Submittal, March 10, 2014 Page 7 of 9 Applicable Overlay Zones: The property lies within the Airport Overlay Zone and therefore may be subject to Airport Compatible Land Use Ordinance No. 479. The following information is provided: 1) The property is bisected by the 65 and 75 Ldn noise contour line extended from Runway 31 Left/13 Right. It is not affected by airport traffic to or from any other runway. 2) Assisted living is not listed specifically as a prohibited or nonconforming use within the Overlay Zone as reflected in Table A of the Ordinance. 3) Both hotels and commercial uses within C-3 Districts are permitted within the Airport Overlay Zone provided that required noise attenuation can be achieved through building design and construction methods. 4) The site lies approximately 2.6 statute miles or 2.26 nautical miles from the departure end of Runway 13R or departure end of Runway 31L. 5) The building design incorporates design features that provide noise attenuation including masonry exterior fagade and double pane insulated windows. 6) A Sound Consultant has been retained to provide the following: a. Verification of the precise location of the property within the Airport Overlay Zone. b. Performance of a noise isolation reduction calculation using federal Shell Isolation Rating (ISR) system. c. Letter indicating that the building design meets the required noise attenuation. d. If required, recommendations to the building design to increase the required noise attenuation to comply with the Ordinance. 7) The DFW International Airport Runway Use Plan indicates the following: a. 75% of the annual traffic utilizes south flow. Consequently, 75% of traffic utilizing Runway 31L/13R is in landing configuration with reduced power settings when overflying the Avanti site. b. Runway 31L/13R is not normally used during late night hours unless required by weather, unusual airport traffic or construction of other runways. 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 0: 281-364-1777 Case No. Attachment C ZA14-031 Page 9 City of Southlake, DRC Submittal, March 10, 2014 Page 8 of 9 c. Runway 31L/13R is 9300 feet in length (third shortest of seven). d. "Typical Arrival and Departure Headings" chart states that Runway 31 Left/13 Right is not typically used for jet arrivals or departures (the loudest aircraft). e. "Aircraft Headings" section states, "Departing jets maintain runway headings to a point approximately 0.5 nautical miles from the runway end, then turn to assigned departure headings." Further, "Departing propeller aircraft maintain runway heading until reaching safe minimum altitude, usually 300 to 400 feet above ground, then turn to assigned headings. These aircraft use best rate of climb so as to cross residential areas at or above an altitude of 2,000 feet mean sea level elevation. (Note: DFW Airport is 607' mean sea level elevation. Consequently departing aircraft cross residential areas at a minimum of approximately 1400' AGL (above ground level). f. "Preferential Runway Use System" states that Runway 13R is used in south flow primarily for jet and propeller arrivals. Further, "There are typically no departures. It is not normally used during late night hours." Preferential Rating is #2. g. "Preferential Runway Use System" states that Runway 31L is used in north flow primarily for propeller departures. Further, "It is not normally used during late night hours." Preferential Rating is #2. h. Preferred routing after take off diverts propeller traffic to the west (headings of 240 or 270 degrees) long before overflight of the Avanti site. Other: Residential Adjacency Standards: The site is located adjacent to residential property zoned SF -IA. Consequently, the following information is provided as it pertains to Section 43.13, DEVELOPMENT REGULATIONS: 1) The building design will comply with masonry requirements including both traditional stone and mortar construction as well as stucco at a minimum 7/8" thickness applied in a 3 coat process. 2) Roofing is primarily asphalt shingles mechanically fastened to a pitched plywood substrate with accents of standing seam factory finished metal roofing sections. 1776 Woodstead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 10 City ofSouthlake, DRC Submittal, March 10, 2014 Page 9 of 9 3) All mechanical equipment will be screened from view by either roof design, an integral architectural feature, landscaping, or other acceptable method. 4) Fagade articulation will comply except as noted on Elevation C/02 and C/04. 5) Maximum height of the building at 32' complies with the maximum allowed under C-3 of 35'. 6) Loading and service areas will comply with screening requirements. 7) Trash receptacles will comply with location and screening requirements. 8) Setbacks and maximum heights will be observed consistent with those required in the C-3 District as amended by this section. 9) Exterior lighting design will comply with the current lighting ordinance. We are delighted to be presenting our project for the Southlake staff's review, consideration and comment. If you have questions regarding any of the information offered herein, please do not hesitate to contact me. Further, I would be happy to come meet with staff at the earliest possible opportunity to hear first hand what we can do to improve the project. Si cere J snal evelopment Principal Developer for Avanti Senior Living, LLC 1776 Woodslead Court, Suite 218 The Woodlands, TX 77380 O: 281-364-1777 Case No. Attachment C ZA14-031 Page 11 Letter from D/FW Airport Noise Compatibility Planner 4111=4 Ci.southlaW bcus M ail - Cypressbrook Proposal for an Assisted U%A ng Faci I ty crry CIF SOUTHLAKE Cypressbrook Proposal for an Assisted Living Facility Holden, Harvey <HHolden@dfwairpert.com> Fri, Apr 11, 2014 at 1:56 PM To: "rschell@ci.southlake.tx.us" <rschell@ci.southlake.tx.us> Cc: Jeff Presnal <jpres nal@cypres sbrook. cam>, "dkillough@ci.southlake.tx.us" <dkillaugh@ci.southlake.tx.us> Good afternoon Mr. Schell. Dallas/Fort Worth International Airport [DFW] was approached by Cypressbrook Company, a real estate brokerage, management and development concern, regarding construction of an adult living facility across S. Kimball Ave, from Eubanks Middle School. This proposed development is incompatible with airport operations. Mr. Jeff Presnal, Development Principal, of that firm wanted to know what the position of the Airport would be on the issue. He also wanted to assure the Airport that Cypressbrook Company is aware of, and intends to comply with, the three forms of FAA recommended mitigation of an incompatible land use within the noise contour of the Airport. I informed Mr. Presnal that the arrival corridor for Runway 13R is 0.25 mile to the northeast of the proposed facility and that 70 — 75 percent of the year all types of aircraft are arriving on that Funway, about 150 per day, I also informed him that the arrivals are about 700 to 900 feet above the ground when abeam the proposed facility. About one percent of the year the runway is used far jet departures over the City due to high velocity cross winds from the west or due to runway maintenance on adjacent runways. The arrivals and departures will be heard. Mr. Presnal informed me that because of these facts Cypressbrook will insulate the facility to a Noise Level Reduction (NLR) of 30dI3 or higher. Their architect or project engineer will certify achievement of the NLR in all habitable rooms. Mr. Presnal also stated that Cypressbrook will provide full disclosure on the deed and/or plat, and to all who seek the adult care facility's services, now and in the future, making it clear that the facility is inside the Airport's noise contour. He also stated that Cypressbrook will grant an avigation release to the City of 5outhlake. If the City can gain assurances from Cypressbrook that these stipulations for project approval will be compiled with, DFW will not oppose the project. Thank you for your cons ideratian of this matter. Please contact me at 972-973-5570 at your convenience should you want to discuss this matter further. Best Regards, Harvey Holden Noise Compatibility Planner DFW International Airport Case No. Attachment C ZA14-031 Page 12 Q1 SOUTHLAKE CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION SPIN MEETING REPORT NIA —formal application pending Avanti Senior Living Facility SPIN # 8 February 11, 2014 1400 Main Street, Southlake, TX City Council Chambers TOTAL ATTENDANCE: Ten (10) SPIN REPRESENTATIVE(S) PRESENT: Matt Shurley (SPIN # 8) APPLICANT(S) PRESENTING: Jeff Presnal, Cypress Brook: Lori Alford, Avanti STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Richard Schell, Principal Planner: (817)748-8602 or rschell@ci.southiake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 395 and 405 South Kimball Avenue. Development Details • 76,000 square foot Class A senior living boutique community • 50 Assisted Living rooms • 40 Memory Care rooms • Project requires rezoning two lots from single family to C-3 with Specific Use Permit. • Company born from a successful predecessor company • Principals: o Worked together over 15 years o More than 50 years combined experience o Only worked in senior living (no other career endeavors) o Have developed, owned and operated o Managed 32 communities across 10 states o Started or grown multiple companies including: • Marriott Senior Living • Hearthstone Assisted Living The plans presented at SPIN: Case No. Attachment D ZA14-031 Page 0 EXTERIOR FEATURES INTERIOR FEATURES QUESTIONS I CONCERNS Where will the future S. Village Center Drive be located in relation to your proposed development? Case No. Attachment D ZA14-031 Page 1 North of the site: A comment was made to the applicant to be sure to research the viability of their project due to the location being within the 75 LDN DFW Noise Corridor. Meeting adjourned — 6:45 PM 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 ZA14-031 Page 2 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA14-031 Review No.: Four Date of Review: 05/14/14 Project Name: Site Plan — Avanti Assisted Living Facility APPLICANT: Jeff Presnal Cypressbrook Company 1776 Woodstead Ct. The Woodlands. TX 77380 Phone: (832) 403-2872 E-mail: jpresnal@cypressbrook.com APPLICANT: Lori Alford Avanti Senior Living 26113 Oakridge Dr. Suite C The Woodlands, TX 77380 Phone: (281) 907-9553 E-mail: lalford@avanti-sl.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/12/14 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 RICHARD SCHELL AT (817) 748-8602. Label the adjacent properties and properties across adjoining R.O.W.'s with the land use map designation ("L.U.D.= ") in addition to owner's name and existing zoning. Please change the existing land uses shown on the plan to the land use designations on the 2030 Future Land Use Map. 2. Please make the following changes to the Site Data Summary Chart: a. Change the Existing and Proposed Land Use to Mixed Use. b. Add the number of loading spaces required and provided. 3. Show, label and dimension the width of the right of way in addition to the traveled roadway on or adjacent to the site. Dimension the full width of the S. Kimball Ave. right of way to the CISD property across the street. 4. A replat that conforms to all underlying zoning regulations must be approved and filed prior to issuance of a building permit. 5. Please make the following changes to the Pedestrian Access, Entry Feature and Fence Plan (1-300). a. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The Pathways Master Plan and Sidewalk Plan shows a 6' sidewalk along S. Kimball Ave. A 5' sidewalk is shown on the Site Plan. The existing retaining wall that was shown to be removed on the previously submitted site plan will now remain to preserve addition trees along S. Kimball Ave. and a 6' sidewalk will not fit between the existing retaining wall and the back of the curb. 6. Change the label for the pond easement to a Drainage Easement. Case No. Attachment E ZA14-031 Page 1 7. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The driveway does not meet the minimum spacing from the residential driveway to the north. A minimum spacing of 250 feet is required on arterial streets and approximately 91 feet of spacing is provided. 8. Label the dumpster enclosure as a minimum 8 foot tall masonry screen wall matching the principal building with a solid metal access gate in compliance with Zoning Ord. No. 480, Section 43, Overlay Zones. 9. The driveway is on the down side of a rise in the road on S. Kimball Ave. for vehicles traveling north. Please verify that there will not be a sight distance issue with the driveway in the current location. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Approximately 21 % of the existing tree canopy is proposed to be preserved instead of the 14.2% of the canopy that was shown to be preserved on the previous plan. For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to the Tree Preservation Ordinance. 2. Existing trees are proposed to be preserved along the northwest and southwest areas of the north and south bufferyards on the site but site utilities are proposed within the areas of the proposed Case No. Attachment E ZA14-031 Page 2 preserved trees. Please design the utilities to not alter the trees that are proposed to be preserved. ALTERED TREE: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree's root system; severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. A_1kiI11:14fe1 Alois] iyiIiyi1:4q&1 Forty-three (43) canopy tree credits and seventy-two (72) accent tree credits are proposed to be taken for required interior landscape trees. Please ensure that the existing trees proposed to be used for credits are healthy, in good condition, and are not altered during the installation of utilities and grading. Credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Fire lane radii shall be 30' minimum. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Case No. Attachment E ZA14-031 Page 3 Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 ;FeF-]:4►Yi1:4ki111&1 Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Detention/Retention ponds shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city's Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. 3. The proposed 8" water line shall be in a dedicated easement prior to construction. Proposed easements shall be dedicated by plat. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER COMMENTS: Minimum size for water lines is 8". 2. Commercial and industrial developments require fire hydrant spacing of 300' maximum for non - sprinkled buildings or 600' for sprinkled buildings. Water meters and fire hydrants shall be located in an easement or right of way. Fire lines shall be separate from service lines. l;�e1k1111Ife1:Y&IATITI Ell :Z01LY,l►YilEll k111&-3 Sewer line needs to be public. Minimum size for sanitary sewer is 8". Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. 2. Extend sanitary sewer to the eastern property line and provide sewer stub to adjacent property. Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: Differences between pre- and post- development runoff shall be captured in detention pond(s). 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. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. Case No. Attachment E ZA14-031 Page 4 2. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must be installed outside the edge of pavement. Ordinance #605 defines easement requirements for storm sewer: 30" RCP and under - 15' easement 42" — 54" RCP - 20' easement 60" — 66" RCP - 25' easement 72" — 102" RCP - 30' easement Over 102" RCP — 3.5 times diameter 3. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. Property drains into a Critical Drainage Structure #27 and requires a fee to be paid prior to beginning construction ($878.95/Acre). Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. 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 right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City's sewer, water or storm sewer system. A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclementsB-ci.south lake.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. Case No. Attachment E ZA14-031 Page 5 The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5'X5' if the double check is not located on the riser, or a minimum of 6'X6' if it is on the riser. 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 2012 International Fire Code with the City of Southlake amendments. All air handlers in excess of 2000 cubic feet per minute air movement shall have a duct smoke detector installed on the return side of the unit. Upon activation of the detector, it shall send an alarm signal to the fire alarm panel and also shut down the air handler unit. If the units are located above ceiling tile, remote reset switches must be installed below the duct detector location. 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 and at the front entrance. Keys must be provided to access the riser room and all portions of the building. 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. A fire hydrant shall be within 100 feet of the Fire Department Connection, and the Fire Department Connection must be within 50 feet of approved Fire Lane access. 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. a1:74We1kl;Kde]►y,ILy,lEll kIII &I Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis for sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 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, and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. FIRE HYDRANT COMMENTS: Hydrants are required at a maximum spacing of 500 feet for commercial locations that contain Case No. Attachment E ZA14-031 Page 6 fully sprinkled buildings. General Informational Comments A SPIN meeting for this development was held February 11, 2014. 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. It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a Plat Revision 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 Denotes Informational Comment Case No. Attachment E ZA14-031 Page 7 on� SURROUNDING PROPERTY OWNERS MAP & RESPONSES Avanti at Southlake Assisted Living 2757 2- 2717 2727 zi 2777 a sa y2o � zae� 00 � ss 710 ion 720 A A DTI E 7�T SPO # = own= I Zoning I Address = Acreage Response 1. Cesander, Laurence P Etux P L 01 2485 E SOUTHLAKE BLVD 1.59 NR 2. Thompson, Teresa Jane SF1-A 395 S KIMBALL AVE 4.09 NR 3. Po, Chin Etux Whey -Ping SF1-A 307 S KIMBALL AVE 0.05 NR 4. Po, Chin & Whey -Ping PO SF1-A 305 S KIMBALL AVE 3.51 NR 5. Carr, Howard E Jr SF1-A 285 S KIMBALL AVE 2.86 NR 6. Pearson, Carey Etux Kelly SF1-A 695 S KIMBALL AVE 2.08 NR 7. Pearson, Carey Etux Kelly SF1-A 2300 CROOKED LN 2.22 NR 8. Fox, Todd Etux Kim SF1-A 605 S KIMBALL AVE 2.41 NR 9. Wood, Charles W Etux Margaret SF1-A 2350 CROOKED LN 2.30 NR 10. Muller, Richard J SF1-A 2400 CROOKED LN 2.16 NR 11. Tri Dal Real Estate Ltd SF1-A 505 S KIMBALL AVE 4.03 NR 12. Wang, Jeff Etux Chung -Ming SF1-A 595 S KIMBALL AVE 3.96 F 13. Thompson, Wm B & Kim Koelzer SF1-A 405 S KIMBALL AVE 3.95 NR 14. Api-South Nolen Lp SF1-A 495 S KIMBALL AVE 3.89 NR 15. Carr, Howard E Jr AG 311 S KIMBALL AVE 5.82 NR 16. Carroll ISD CS 400 S KIMBALL AVE 35.39 NR 17. White, Elbert Clark Jr AG 2450 CROOKED LN 15.85 NR 18. 1 Williams, Roger Glenn Etal AG 320 S NOLEN DR 1.75 NR F: In Favor Notices Sent: Responses Received: Case No. ZA14-031 O: Opposed To Eighteen (18) One (1) U: Undecided NR: No Response Attachment F Page 1 ---------- Forwarded message ---------- From: Jeff Wang Date: Wed, May 7, 2014 at 10:40 AM Subject: Re: Fwd: Mutual Access Drive To: Jeff Presnal <Ipresnal(cacypressbrook. com> Cc: Juneau -Alford Lori <lalford(cD_avanti-sl.com>, Ken Baker <KBakero-ci.south lake.tx.us> Good morning Jeff, Sorry for my late reply. I have been tied up with the remodeling work of the home we are moving into. I, on behalf of the ownership of 495 South Kimball, would like to offer following answers to your request: 1. Building an entry/shared drive on 495 South Kimball: we are not in favor of contributing our land for you to build a drive NOW to access your proposed project, regardless who pays for the construction cost. 495 is currently being occupied as a home so it will be detrimental to the resident(s) if the drive also be used for a commercial (C3) development. 2. Cross access: As to P&Z's recommendation of providing cross access. I believe common drive stub -outs would may handle future cross access need since no one knows how 305 (to your north) and 495 (to your south) may eventually be developed in the future. Christ Our King church development on 595 also offers a cross access stub in its development plan. As a citizen and a contributor to Southlake comprehensive plan, I am a proponent of cross access between developments. It is the goal of our mobility plan to reduce unwanted traffic from the main arterials. Every lot on South Kimball has certain frontage and access directly from the street but the 13 acre tract to the east have very limited frontage, unless is accessed from Crooked Lane — that is a significant deviation from our vision. IMO, an access easement or dedicated ROW (as shown in the first attachment) will be better than stub -outs between developments. The 2nd attachment is a Kimball -Nolen connectors concept that I have envisioned for many years. You mentioned in the email that there would some security concern to your proposed development if having cross access. I am not familiar with ALF operation and not qualified to make any comments on that concern. I don't own every property along my connector concept, so my suggestion should not be considered an opposition. Instead, it is just a preference of a Southlake resident. Eventually, it will be you and the city council to determine and agree what is the best for the city and your development. I am copying this email to Director Baker since I am no longer serving on any official capacity in the process. Best regards, Jeff C. Wang Managing Partner API -South Nolen, LP 817-371-0456 Case No. Attachment F ZA14-031 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-664 AN ORDINANCE AMENDING ORDINANCE NO.480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 2 AND 3, MEADOW OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 7.841 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL 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 "SF-1A" Single Family Case No. Attachment G ZA14-031 Page 1 Residential 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 ZA14-031 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 Lots 2 and 3, Meadow Oaks Addition, an addition to the Case No. Attachment G ZA14-031 Page 3 City of Southlake, Tarrant County, Texas, being approximately 7.841 acres, and more fully and completely described in Exhibit "A" from "SF-1A" Single Family Residential 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 Case No. Attachment G ZA14-031 Page 4 appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract 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. Case No. Attachment G ZA14-031 Page 5 SECTION 9. 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 ZA14-031 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA14-031 Attachment G Page 7 WNIIl 111WAI Being legally described as Lots 2 and 3, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Volume , Page Plat Records, Tarrant County, Texas and being approximately 7.841 acres. Case No. Attachment G ZA14-031 Page 8 EXHIBIT "B" Reserved for approved concept plan and zoning documents Case No. ZA14-031 Attachment G Page 9