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Item 6I13 CITY OF S0UTHLA1<,.,E Department of Planning & Development Services STAFF REPORT July 30, 2014 CASE NO: ZA14-054 PROJECT: Zoning Change and Concept Plan for Harborchase of Southlake EXECUTIVE SUMMARY: Silverstone Healthcare Company, LLC and Pacheco Koch Consulting Engineers are requesting approval of a Zoning Change and Concept Plan for Harborchase of Southlake on property described as Tracts 4C, 4C1, 4C2 and 4C3, Absalom H. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas and located at 600, 700 and 750. E. State Hwy. 114 and 900 E. Highland St., Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood # 3. DETAILS: The applicant is requesting approval of a Zoning Change and Concept Plan for Harborchase of Southlake from "AG" Agricultural District to "S-P-2" Generalized Site Plan District to develop a three-story senior assisted living facility with 92 assisted living units and 30 memory care units on approximately 13.78 acres. The three story building will have a gross floor area of approximately 128,600 square feet with approximately 70,500 square feet on the ground floor level and 43,000 on the second level. Due to the change in grade, the three story wing on the north portion of the building will have a lower level of approximately 15,100 square feet and the second floor of that wing will match the ground floor level of the rest of the building (the west elevation shows the grade change and lower level on the north wing. The memory care units will be in a one story portion of the building with a secure courtyard area. There will be no independent living units in the development. Since City Council 1st reading approval of the Zoning Change and Concept Plan on August 5, 2014, a Site Plan has been recommended for approval by the Planning and Zoning Commission at their September 4, 2014 meeting. To ensure that the Site Plan conforms to the Concept Plan, both documents have been combined into a Concept/Site Plan based on the Site Plan that the Planning and Zoning Commission approved. The building and driveway layout on the revised Concept/Site Plan substantially conforms to the Concept Plan that was approved by City Council at 1st reading. A chart comparing the proposed S-P-2 regulations to the 0-1 and 0-2 Office District zoning regulations is below: Case No. ZA14-054 Requirement 0-1 Office District 0-2 Office District S-113-2 Regulation 3 Stories and 46' for Max. Height 2 % Stories & 35' 6 Stories & 90' Accent Elements 50' on S.H. 114 & 50' on S.H. 114 & Front Yard 30' 30' same Side Yard 15' 15' same Rear Yard 10, 10, same Lot Coverage 50% 50% same Floor Area Min. 3,000 s.f. Min. 3,000 s.f. same Max. Impervious Coverage 65% 65% same VARIANCES REQUESTED:1. Driveway Ordinance No. 634, Section 5.2.c prohibits commercial, multi -family and service driveways onto collector or local streets, unless no other access is available. The applicant is requesting to allow a driveway onto E. Highland St., which is a collector street because E. Kirkwood Boulevard is not constructed and the TxDOT access criteria for S.H. 114 cannot be met. Driveway Ordinance No. 634, Section 5.1, requires the minimum distance to the S. H. 114 frontage road intersection along E. Highland St. to be 150'. The applicant is requesting a variance to allow a spacing of approximately 65' from the proposed driveway on E. Highland St. to the intersection of eastbound E. Highland St. and the E. S.H. 114 frontage road. The spacing to the intersection of westbound E. Highland St. and the E. S.H. 114 frontage road is approximately 152', which meets the ordinance requirement. 3. Driveway Ordinance No. 634, Section 5.2.d requires a minimum driveway stacking depth of 50' for the drive onto Kirkwood Blvd. The applicant is requesting a variance to allow a stacking depth of approximately 28'. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN meeting Report dated May 27, 2014 (E) Concept Plan Review Summary No. 3, dated June 10, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-672 (G) Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA14-054 BACKGROUND INFORMATION OWNER: D/FW-Hwy 114/Highlands APPLICANT: Silverstone Healthcare Company, LLC and Pacheco Koch Consulting Engineers PROPERTY SITUATION: 600, 700 and 750. E. State Hwy. 114 and 900 E. Highland St., generally located north of S.H. 114 and west of future Kirkwood Blvd. LEGAL DESCRIPTION: Tracts 4C, 4C1, 4C2 and 4C3, Absalom H. Chivers Survey, Abstract No. 299 LAND USE CATEGORY: Mixed Use and 100-year Floodplain CURRENT ZONING: "AG" — Agriculture District PROPOSED ZONING: "S-P-2" - Generalized Site Plan District HISTORY: - The property was annexed into the City in 1957 and given the "AG" Agricultural District zoning designation. - There is no development history on the property. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The future land use designations for the site are Mixed Use for the south and east portions of the site and 100-Year Floodplain for the north and west portion. 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. 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. The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The "floodplain" is an expanse of natural vegetation and wildlife, and should be preserved as natural open area. Within the floodplain is "floodway" that must be kept free of encroachment in order that the 100- Case No. Attachment A ZA14-054 Page 1 year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. In addition to the Future Land Use Plan Designations, the majority of the site also has the EC-1, Employment Center 1, designation on the Optional Land Use Map. For optimal development opportunities, properties in the EC-1 land use category should have a minimum contiguous frontage of 1,200 feet. The proposed site has approximately 238 feet of frontage along E. S.H. 114 to the east of the Onsom Medical Offices and approximately 138 feet of frontage to the west. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows E. S.H. 114 to be a variable width freeway, E. Highland St. to be a two-lane undivided collector with 70' of right of way and the future Kirkwood Blvd. to be a four -lane divided arterial with 100' of right of way. Adequate right of way is shown on the Concept Plan. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows a <8' sidewalk planned along the south side Kirkwood Blvd. and along the north side of E. Highland St. A 5' sidewalk is shown on the Concept Plan along the north side of E. Highland St. and a 6' sidewalk is required, so a review comment has been added. The required 6' sidewalk along the west side of Kirkwood Blvd. is shown on the Concept Plan. The Pathways Master Plan and Sidewalk Plan shows an 8' multi -use trail along the E. S.H. 114 frontage road and an 8' multi -use trail is shown on the Concept Plan. Maior Corridors Urban Design Plan The following recommendations pertain to private development along S.H. 114: Preserve existing natural view corridors where appropriate. Specifically, tree stands along the highway should be preserved when they terminate views from the highway. In order to maximize regional access and limit the impact of strip retail development, retail and restaurant development should be concentrated at interchanges in 1-2 story buildings with higher intensity office and institutional uses at mid -block locations. Establish appropriate scale and bulk standards for buildings along the highway, specifically at mid -block locations. Buildings should be 4 — 6 stories tall and step down as they move away from the highway corridor. Buildings over three stories should be articulated along the first three floors. Materials on the lower floors should be brick, stone or other approved masonry. Low -profile, single story Case No. Attachment A ZA14-054 Page 2 pad buildings that tend to blend into the background and have limited visibility from the highway are discouraged. All windows on buildings should be vertically oriented and be articulated with a 4-inch reveal to avoid solid, flat walls, and to create shadow lines and surface texture. Glass curtain walls and facades with more than 60% glass along any elevation shall be discouraged. Along retail store fronts, 1' — 2' high knee walls shall limit the amount of glass along each fagade visible from public streets. • The view of surface parking from the highway should be limited. Surface parking lots should be designed to be in smaller pods (no more than 200 parking spaces) with increased landscaping and pedestrian accessways. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have access onto E. Highland St. and the E. S.H. 114 frontage road. A drive is also proposed onto the future Kirkwood Blvd. * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: There is approximately 26% tree cover on this site. The plan is showing to preserve 61.64% of the existing canopy on the plan, but the trees in the Kirkwood Blvd. right of way are shown as to be preserved. The plan will be revised to show the trees in Kirkwood Blvd. as "To Be Removed" and the percentage of existing tree canopy to be preserved recalculated. The revised plan will show 53.9% of the existing tree canopy to be preserved. The "S-P-2" zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council approval. The minimum percentage required to be preserved if this was a straight zoning case is 60%. Case No. Attachment A ZA14-054 Page 3 UTILITIES: The utility plan shows water connections to the existing 12" water line in E. S.H. 114 and a sewer connection to the 8" sewer line in E. S.H. 114. CITIZEN INPUT: A SPIN meeting was held for this project on May 27, 2014. A copy of the report for this meeting can be found under Attachment `D' of this staff report. I»e1klkllk[evil k11tIk•]kIIk[0 COMMISSION ACTION: June 5, 2014; Approved (5-0) subject to Concept Plan Review Summary No. 2, dated May 30, 2014 and the Staff Report dated May 30, 2014, granting each of the three variances to Driveway Ordinance No. 634 as presented and noting the applicant's amendment to the plan to remove the curved access road to the west. CITY COUNCIL ACTION: June 17, 2014; Tabled on consent to the August 5, 2014 meeting. August 5, 2014; Approved at 1st reading (6-1) approving the following variances; the driveway stacking on Kirkwood, the driveway on a collector street, which is Highland, and the driveway spacing from S.H. 114, noting that prior to the 2nd reading, the applicant will also submit detailed elevations and drawings of the proposed improvements including a list of building materials and preferably samples in scope and showing what to expect for in terms of building materials for inspection by Council, pursuant to the Concept Plan Review Summary No. 3, dated June 10, 2014 and also noting that the second hearing for this application will be held on September 16, 2014. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated June 10, 2014. Case No. Attachment A ZA14-054 Page 4 ND ST Vicinity Map Harborchase of Southlake ZA14-054 Zoning Change and N Concept Plan w F 0 330 GGO S 1,320 � Feet Case No. Attachment B ZA14-054 Page 1 Plans and Support Information Concept Plan -- --- -- `-- I I i I 1FLO dd ml y D�tti (APLNx J/y 3 81 L.0D. - Ioa>R riooro�ux sl; / RguwaEA� RIW o �wtir «� ouro lm •�� prr. i�T. � {raa raml PROPOffII " bE1EMTON POIIO j en •wr �,, r� L-I48.5a, '� J ONSON �-]659.a9 ufAM4 OFT+CE cek OO1'O6'9O' \ V "I N52'39'99 I \ 1 k l SLicRC : 9R+ \ �I 1 w.�'-R ]wE,.m°xrt�ixe re! C Y uL� RUHmIE xP4G ` � jrg e acme 4 E _ 1 r.� I. �caRre ]e RE Re°e 1mR+nS uh w RPrll Fe: inawl [axn, xc pwy I Case No. ZA14-054 ZpvlxG - I Attachment C Page 1 S-P-2 Zoning Narrative and Regulations ,4 Pacheco Koch May 29, 2014 PK No.: 2399-14.166 Mr. Richard Schell Principal Planner CITY OF SOUTHLAKE Planning & Development Services 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: HARBORCHASE OF SOUTHLAKE S.H. 114 and Highland Street Zoning 8 Concept Plan (S-P-2) ZA14-054 Southlake, Texas Dear Mr. Schell: We respectfully submit this narrative to support the Zoning and Generalized Site Plan (S-P-2) applications for HarborChase of Southlake. The subject property is located at the northwest corner of S.H. 114 and Highland Street and currently zoned as Agriculture (AG) District. The intent of the Developer is to re -zone from Agriculture (AG) District to Generalized Site Plan (S-P-2) District for a Senior Assisted Living Facility. The surrounding areas include commercial and undeveloped tracts of land. The subject property will be confined to the east by Future Kirkwood Boulevard (100' Arterial), Future Highland Street (70' Collector) to the south, S.H. 114 Frontage Road to the southwest, commercial property to the west, and a City Park to the north. The development will be served with two driveways: a shared driveway accessed thru Onsom Medical Offices and secondary driveway proposed on Highland Street. PERMITTED USE The permitted use is a Senior Assisted Living Facility in compliance with Zoning Ordinance No. 480, Section 45.8, as amended. DEVELOPMENT REGULATIONS The development regulations shall comply with the "0-1" Office District zoning and all requirements under Zoning Ordinance No. 480, Section 45.8, "Specific Requirements for Assisted Living Facilities" with the following exceptions: a. Height: The proposed three (3) story building shall have a maximum height of accent elements of sixty-two (62) feet. Refer to attached renderings to illustrate intent of look and feel. b. Front Yard: There shall be a front yard of not less than fifty(50) feet along S.H. 1 14 and thirty(30) feet along Future Kirkwood Boulevard, respectively c. Side Yard: There shall be a side yard of not less than fifteen (15) feet. d. Bufferyards allowed as shown on the concept plan. e. Horizontal and vertical articulations: The horizontal and vertical building articulations will follow the existing City of Southlake guidelines. 8350 N Central Expwy - Suite 1000 - Dallas, TX 75206-1612 - T: 972.235.3031 - F: 972.235.9544 - pkce.com Case No. Attachment C ZA14-054 Page 2 Mr. Richard Schell May 29, 2014 Page 2 f. Existing and Proposed Fences: Existing fences will be removed along the perimeter of the subject property and will not be replaced. Proposed fencing is not expected for the site improvements. The proposed development, HarborChase of Southlake, will be a Senior Assisted Living and Memory Care Facility offering 122 dwelling units total, which will consist of 92 assisted living units and 30 memory care units. Each unit complies with the minimum floor areas required for Type "B" facilities by the Texas Department of Aging and Disability Services, as shown in Section 45.8(f) of the Zoning Ordinance No. 480. Specifically, HarborChase of Southlake will offer the following units for Assisted Living and Memory Care: Assisted Living Units (Type "B") Type of Unit Minimum Size of Unit (S.F.) Proposed Size of Unit (S.F.) Quantity of Units One (1) Bed Unit 300 S.F. 509 S.F. - 721 S.F 74 Two (2) Bed Unit 500 S.F. 500 S.F. - 530 S.F. 18 Total Number of Assisted Living Units 92 Note: Minimum size of unit based on Type "B" facilities by the Texas Department of Aging and Disability Services. Memory Care Units (Type "B") Type of Unit Minimum Size of Unit (S.F.) Proposed Size of Unit (S.F.) Quantity of Units One (1) Bed Unit 300 S.F. 500 S.F. - 530 S.F. 22 Two (2) Bed Unit 500 S.F. 500 S.F. 8 Total Number of Memory Care Units 30 Note: Minimum size of unit required based on Type "B" facilities by the Texas Department of Aging and Disability Services. VARIANCES In addition to the information already provided for this project, two (2) variances are also being requested for this development. Specifically, as follows: Variance #1: A variance to permit the installation a commercial driveway on a Collector. The City of Southlake Driveway Ordinance No. 634, Section 5.2.c, prohibits commercial, multi- family, and service driveways onto collector or local streets. Currently, Highland Street is a 20' wide asphalt road, however, the City's Master Thoroughfare Plan defines this road to be a 70' Collector in the future. We request a variance from the City of Southlake Driveway Ordinance, Section 5.2.c, based on the following: • Access to Highland Street will allow the Senior Assisted Living Facility primary access for residents and visitors and allow for emergency and fire rescue services. Variance #2: A variance to allow the location of the proposed commercial driveway on Highland Street to be less than the 150 feet required minimum. Case No. Attachment C ZA14-054 Page 3 Mr. Richard Schell May 29, 2014 Page 3 The City of Southlake Driveway Ordinance No. 634, Section 5.1, Table One, requires a minimum 150 feet of driveway spacing to an intersection along a Collector. Because of the proximity and layout of the existing intersection of Highland Street and S.H. 114 Frontage Road, the westbound spacing is met, however, the eastbound spacing is not. We request a variance from the City of Southlake Driveway Ordinance, Section 5.1, Table One, based on the following: • Similar to Variance # 1, the commercial driveway on Highland Street will serve as the primary access to the site. • The driveway will be located entirely on the property without requiring a shared access agreement from the property owner to the east. We request your review and approval of the variances, zoning change, and Generalized Site Plan(S-P-2) for HarborChase of Southlake. The proposed development will offer an attractive facility with enhanced building exterior features and landscape improvements that will complement the surrounding neighborhood, while preserving a rural scenery. If you have any questions or need any additional information in regards to the request or submittal, please don't hesitate to call me. Sincerely, Javier C,. aramillo, P.E. JDJ/dtn 2399-14.166_2014-05-29_Zoning-Concept Site Plan S-P-2 Narrative cc: Tom Dwyer-Silverstone Healthcare Company, LLC. Robert Lawyer - BOKA Powell Case No. Attachment C ZA14-054 Page 4 Comparison of 0-1 Office District and S-P-2 Regulations Regulation 0-1 Office District S-P-2 Regulation Max. Height 2 '/2 Stories & 35' 3 Stories and 62' for Accent Elements Front Yard 50' on S.H. 114 & 30' same Side Yard 15' same Rear Yard 10, same Lot Coverage 50% same Floor Area Min. 3,000 s.f. same Max. Impervious Coverage 65% same Case No. Attachment C ZA14-054 Page 5 JUSOUTHLAKE CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION M:11kiI�JI=1A111kiLem :11aQ A 0 ZA14-054 Harborchase SPIN # 3 May 27, 2014; 6:00 PM 1400 Main Street, Southlake, TX City Council Chambers TOTAL ATTENDANCE: Twelve (12) • SPIN REPRESENTATIVE(S) PRESENT: Randy Robbins, Place 3; Craig Rothmeier, Place 2; David Alexander, Place 5; Bobbie Heller, Place 6; and Monique Schill, Place 7 • APPLICANT(S) PRESENTING: Tom Dwyer, Silverstone Healthcare Company and 1 other STAFF PRESENT: Patty Moos, Planner I STAFF CONTACT: Patty Moos, Planner I: (817)748-8269 or pmoosCc�ci.south lake. tx.us EXECUTIVE SUMMARY Property Situation • The property is located at the intersection of SH114 and E. Highland Street • Will be located on the south side of the future extension of E. Kirkwood Boulevard • Approximately 13.8 acres Development Details: Assisted living and memory care facility It is a joint venture between Silverstone and Harbor Retirement Association • 112,000 sf building with 2 and 3 story floors constructed of steel, concrete, and masonry First floor is approximately 65,000 sf • 90 assisted living units and 30 memory care units • Facility will have a park like setting with butterfly garden, vegetable and flower gardens areas for residents to tend, and possible dog park area Case No. Attachment D ZA14-054 Page 1 Presented at SPIN: Site Location e' story � o � SILvotmNE HEAL-nicARE CONPANY.LLc Hnq?!,C"ASF ..._.,.�. P01Allil �.'ai Development Plan Case No. Attachment D ZA14-054 Page 2 Site Plan Facility Rendering Case No. Attachment D ZA14-054 Page 3 HarborChase of Southlake Pet Friendly, Community and Butterfly Gardens 77 -'Ail - .l�r HarborChase of Southlake —Amenities I - 1� * I xi Facility Interior QUESTIONS / CONCERNS: • Is there enough parking for the site? o Yes, parking for visitors, some for residents, and staff (1 space for .75 beds) • Have you looked drainage for the site? o The site is near the floodplain and the civil drawings will address the drainage and grading for the site. • Do you have any security features for the residents to keep them on site and from leaving the site? Memory care residents will be in a secured area of the facility. Technology is available to monitor patients. • How many units are in the facility? 0 120 units: 90 assisted living and 30 memory care with no independent living rooms. • What is the average age of the residents? 0 85 • What is the average stay of the residents? 0 3-4 years average stay Case No. Attachment D ZA14-054 Page 5 • Do patients lease by the year, month or buy the rooms? Residents rent the rooms month to month. • What is the turnover rate? 10% turnover rate per year on average. • What is the cost for the rooms? Average cost is $3,800/month. Discounts are available for family members. • Is there any facility in the area similar? Watermere is comparable, but has buy in or rental units available. Harborchase is different as it is strictly room rental and does not have the buy in product. • How does the size of this facility compare to Watermere? Watermere is larger. • What is the development time for this project? Development will take 12-13 months to be constructed. • Is your group a long term or short term owner for the property? The owners are long term. Presentation ended: 6:25 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 ZA14-054 Page 6 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA14-054 Review No.: Three Project Name: Concept Plan — Harborchase of Southlake APPLICANT: Javier Jaramillo Pacheco Koch 8350 N. Central Expy. #1000 Dallas, TX Phone: (972) 235-3031 E-mail: jjaramillo@pkce.com Date of Review: 06/10/14 OWNER: Tom Dwyer Silverstone Healthcare Company, LLC 3710 Rawlins St, Suite 800 Dallas, TX 75219 Phone: (214) 561-2830 E-mail: tdwyer@silverstonehc.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/10/14 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072. Please make the following changes to the Zoning and Land Use Designations: a. Correct the LUD on the Onsom Medical Office property to LUD = Mixed Use and Floodplain b. Correct the LUD for the Harborchase property to LUD = Mixed Use and Floodplain. c. Please remove the LUD and Zoning from the properties to the south of the SH114 frontage road since the plan is not showing the full right of way of SH 114. 2. Remove the dashed lines that extend south from the property lines at the SH114 frontage road. 3. The Pathways Master Plan and Sidewalk Plan shows a <8' sidewalk planned along the south side Kirkwood Blvd. and along the north side of E. Highland St. A 5' sidewalk is shown on the Concept Plan along the north side of E. Highland St. and a 6' sidewalk is required. Please change the sidewalk width to 6' on the plan. (See Public Works comments regarding escrowing funds for the Kirkwood Blvd. sidewalk). 4. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Dedicate a cross access easement by plat on the Harborchase driveway connection. b. A cross access easement on the property to the east must recorded by separate instrument with the County to allow the driveway connections to Kirkwood Blvd. as shown. Driveway Ordinance No. 634, Section 5.2.c prohibits commercial, multi -family and service driveways onto collector or local streets. A variance has been requested. Driveway Ordinance No. 634, Section 5.1, requires the minimum distance to the S. H. 114 frontage road intersection along E. Highland St. to be 150'. A spacing of approximately 65' from the proposed driveway on E. Highland St. to the intersection of eastbound E. Highland St. and the E. S.H. 114 frontage road is shown. A variance has been requested. The spacing to the intersection of westbound E. Highland St. and the E. S.H. 114 frontage road is approximately 152', which meets the ordinance requirement. Case No. Attachment E ZA14-054 Page 1 e. Driveway Ordinance No. 634, Section 5.2.d requires a minimum driveway stacking depth of 50' for the drive onto Kirkwood Blvd. and approximately 28' is shown. Please move the stacking depth dimension on the Concept Plan to the north to show the distance from the Kirkwood right of way to the first turning movement. A variance has been requested. 5. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill -over. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: There is approximately 26% tree cover on this site. The plan is showing to preserve 61.64% of the existing canopy on the plan, but the trees in the Kirkwood Blvd. right of way are shown as to be preserved. Please revise the plan to show the trees in Kirkwood Blvd. as "To Be Removed" and recalculate the percentage of existing tree canopy to be preserved. The "S-P-2" zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council's approval. The minimum percentage required to be preserved if this was a straight zoning case, which is 60%. 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. LANDSCAPE COMMENTS: A color -coded Landscape Plan that includes the required interior landscape and bufferyards plantings will be required with Site Plan approval. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Case No. Attachment E ZA14-054 Page 2 Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us Eel Ell kIEllMA Wd91Ly,I►yilEll k111&_1 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Construction within SH 114 right of way shall require a permit from TxDOT. 3. Label the distances to the nearest drives or street intersections in both directions from the proposed drive. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. 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.cityofsouthlake.com/index.aspx?NID=266 ACCESS/ROADWAYS: 1. Funds will need to be escrowed for two 12-foot concrete lanes, curb and gutter, etc. of Kirkwood Boulevard for the length of Kirkwood Boulevard that is located on this property. 2. Funds will need to be escrowed for a 6-foot wide sidewalk along the proposed Kirkwood Boulevard at ($5/sf of sidewalk). 3. A common access easement/agreement will need to be in place for the driveway across the adjacent property to Kirkwood Blvd. 4. Consider locating the driveway on Highland on the property line creating a shared access with the adjacent property. 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.cityofsouthlake.com/PublicWorks/engineeringdesign.asp Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre -construction, construction and post -construction erosion control measures. Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. 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. Case No. Attachment E ZA14-054 Page 3 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: kclements(cD-ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for all residential buildings regardless of square footage. (per 2009 I.F.C. Sec. 903.3.1.3 as amended) All balconies, patios and garages must be protected by the sprinkler system installed in residential buildings. (Also, if the porte- cochere is comprised of combustible construction, it must be protected by the automatic sprinkler system) All sprinkled buildings are required to be equipped with audible fire alarm devices, coverage must also be provided in all bedroom areas to maintain compliance with NFPA 72 and the 2009 1 FC. A complete set of plans for the underground fire protection line, fire sprinkler system and fire alarm system shall be submitted to Reed Fire Protection for review and approval at 14135 Midway Road in Addison, Texas 75001. Business phone is 214-638-7599. A Knox Box Rapid Key entry system shall be installed on the building near access to the riser room, and near the front entrance to the building. Keys must be provided to access all areas 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 or remotely, with a locking Knox cap attached to the FDC to prevent debris from entering the connection. An audible/visual fire alarm device must be installed above the Fire Department Connection on the building, or if the FDC is a remote, as near as possible to the FDC 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. Emergency and Standby Power Systems must comply with Section 604 of the International Fire Code and NFPA 110 and 111. Community Service/Parks Department Review Case No. Attachment E ZA14-054 Page 4 Peter Kao Construction Manager 817-748-8607 pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development. If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in the amount of $2400 per gross acre x 13.779 acres= $33,069.60 will be required. Fees will be collected with the approved developer's agreement. Pathway Comments: 1. Provide pathways consistent with the Southlake Master Pathways Plan. 2. Provide pedestrian access to Trail System connections from each building. 3. Provide concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right -Of -Way Requirements of the Subdivision Ordinance and all State of Texas accessibility requirements. General Informational Comments A SPIN meeting for this project was held on May 27, 2014. A site plan must be approved by City Council following a recommendation by the Planning and Zoning Commission prior to issuance of a building permit. Dimensioned elevations, a color -coded landscape plan and all other required plans and documents must be submitted with the Site Plan application. Approval of the Site Plan will be based on its conformance with the S-P-2 zoning regulations and Concept Plan. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment E ZA14-054 Page 5 The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. A permit from TxDOT must be obtained prior to any curb cut along SH 114. Denotes Informational Comment Case No. Attachment E ZA14-054 Page 6 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Harborchase of Southlake oN� �9 91s o 220 924 K S� 9» '21 925 020 1204 900 1200 1202 ],NC-L 1201 1203 1207 120 430 4jp 480 ss 431 `S00 AS, 100 IR sss S 4 610 141 S0> �00 1020 HIGHLAND ST 69S �s 930 loco 0 1000 555 651 1280 p00 1301 133 S0 900 W o Q 0`SO 1. Smith, Kenneth B2 E State Hwy 114 0.98 NR 2. Smith, Kenneth B2 575 E State Hwy 114 1.10 NR 3. Cedar Ridge Office Park Owners SP1 E State Hwy 114 5.61 NR 4. Varklan Llc SP1 850 E State Hwy 114 1.14 NR 5. D/Fw-Hwy 114/Highlands Ltd AG E Highland St 0.99 NR 6. D/Fw-Hwy 114/Highlands AG E State Hwy 114 1.05 F 7. D/Fw-Hwy 114/Highlands Ltd AG E Highland St 0.86 NR 8. Onsom Llc SP1 630 E State Hwy 114 19.71 O 9. Burgess, Derrell & Martha Jo AG 1360 N Carroll Ave 10.22 NR 10. Highland Group Jv C3 N Carroll Ave 2.53 NR 11. Oscar Wolfe Family Cemetery CS E Highland St 0.54 NR 12. D/Fw-Hwy 114/Highlands Ltd AG E Highland St 0.60 NR 13. Chang, Chin J Etal AG E State Hwy 114 0.36 NR 14. J G J Inc AG 655 E Highland St 0.35 NR 15. J G J Inc AG E State Hwy 114 0.54 NR 16. Southlake, City Of ECZ 480 E State Hwy 114 0.44 NR 17. Hines Southlake Land Lp ECZ 1500 N Carroll Ave 0.50 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received: Two (2) Case No. Attachment F ZA14-054 Page 1 Notification Response Form ZA14-054 Meeting Date: June 5, 2014 at 6:30 PM D/Fw-Hwy 114/Highlands 462 Oak Shore Dr Canyon Lake Tx 78133 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Additional Printed Nai Must be property o% Phone Number (optional): 2 L0 J q - 4)9q Case No. ZA14-054 Attachment F Page 2 Case No. Attachment F ZA14-054 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-672 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 DESCRIBED AS TRACTS 4C, 4C1, 4C2 AND 4C3, ABSALOM H. CHIVERS SURVEY, ABSTRACT NO. 299, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.779 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment G ZA13-138 Page 1 District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment G ZA13-138 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being legally described as Tracts 4C, 4C1, 4C2 and 4C3, Absalom H. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas, being Case No. Attachment G ZA13-138 Page 3 approximately 13.779 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-2" Generalized Site Plan District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Council motion at 1" reading on August 5, 2014: Approved at 1s' reading (6-1) approving the following variances; the driveway stacking on Kirkwood, the driveway on a collector street, which is Highland, and the driveway spacing from S.H. 114, noting that prior to the 2nd reading, the applicant will also submit detailed elevations and drawings of the proposed improvements including a list of building materials and preferably samples in scope and showing what to expect for in terms of building materials for inspection by Council, pursuant to the Concept Plan Review Summary No. 3, dated June 10, 2014 and also noting that the second hearing for this application will be held on September 16, 2014. 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 Case No. Attachment G ZA13-138 Page 4 avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 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 Case No. Attachment G ZA13-138 Page 5 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. 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 51" day of August, 2014. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZA13-138 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA13-138 Attachment G Page 7 EXHIBIT "A" Being described as Tracts 4C, 4C1, 4C2 and 4C3, Absalom H. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas, being approximately 13.779 acres, and more fully and completely described below: Case No. Attachment G ZA13-138 Page 8 *AV :I11.11 M 1.1 Reserved for approved concept plan and zoning documents Case No. ZA13-138 Attachment G Page 9