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.
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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.
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ZA14-031
Zoning Change
N and Site Plan
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Attachment B
Page 1
Plans and Support Information
Site Plan Presented at April 17, 2014 P&Z Meeting
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Case No. Attachment C
ZA14-031 Page 1
Revised Site Plan for May 20, 2014 Council Meeting
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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
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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
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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.
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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:
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CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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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.
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EXHIBIT "B"
Reserved for approved concept plan and zoning documents
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