Department of Planning & Development Services

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1 Department of Planning & Development Services S T A F F R E P O R T May 31, 2016 CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: ZA Zoning Change and Site Plan for S. H. 114 & Blessed Way Integrated Real Estate Group is requesting 1 st reading approval of a Zoning Change and Site Plan for S. H. 114 & Blessed Way on property described as Tract 2C, Richard Eads Survey, Abstract No. 481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1680, 1700, 1730 and 1750 E. State Highway 114, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood #4. The applicant is requesting 1 st reading approval of a Zoning Change and Site Plan from AG Agricultural District to S-P-1 Detailed Site Plan District for a mixed use development consisting of two three-story office buildings totaling approximately 105,140 square feet, two four-story senior housing buildings totaling 283 independent and assisted living units and one three-story parking garage on approximately 20.5 acres. Each building and the parking garage are proposed to be on separate lots and two open space lots are also proposed. The base zoning in the S-P-1 regulations for the two office lots and the parking garage lot is O-2 Office District with the base zoning modified to allow the parking garage as a permitted use and the base zoning for the two senior housing buildings is MF-2 Multiple Family Residential District with the base zoning modified to only allow age restricted senior independent and assisted living with a minimum age of 62 and related personal care facilities. The independent senior housing building on Lot 1 is limited to 121 homes and the independent and assisted living building on Lot 6 is limited to 162 homes for a maximum of 283 homes in the development. A three-level parking garage with 412 spaces is proposed on Lot 1. Podium parking is proposed at ground level under the senior independent living building on Lot 1 (149 spaces) and the office building on Lot 3 (48 spaces). Twenty-two garages in four detached buildings are proposed on Lot 6 with the independent/assisted living building and an additional 15 garages are proposed in the first level of the building. There are also 216 surface parking spaces proposed for a total of 862 spaces. ZA16-027

2 Site Data Summary Existing Zoning AG Agricultural District Proposed Zoning S-P-1 Detailed Site Plan District Land Use Designation Mixed Use Gross/Net Acreage 20.5 Main Building Floor Area (Gross) 861,740 sq. ft. Office 57,827 sq. ft. Medical Office 47,313 sq. ft. Senior Living 554,994 sq. ft. Parking 237,206 sq. ft. Buildings No. of Floors Office Building 1 Office Building 2 Independent Residential Assisted/Independent Residential Parking Garage No. of Levels 3 Open Space % 48% Impervious Coverage % 52% Total Parking Required (S-P-1) 792 Parking Garage Surface Parking Podium Parking Under IL Building Podium Parking Under 1680 Office Bldg. Garage Parking on Lot 6 Total Parking Spaces Provided (22 detached) 862 The project is proposed to be built in two phases. The Lot 3 office building, the two senior housing buildings, the parking garage and the open space lot improvements are proposed with Phase I construction. The Lot 5 office building is proposed to be constructed as Phase II. A request for a variance to the Masonry Ordinance No. 557, as amended, was included in the submittal that went before the Planning and Zoning Commission on May 19, The applicant stated at that meeting that the variance request is withdrawn and that all buildings will comply with the Masonry Ordinance. The elevations and materials sheets have been revised to comply with the Masonry Ordinance. Some of the areas that were previously shown as composite siding or metal panels have been changed to stucco. VARIANCES REQUESTED: 1) Variance allowing relief from the Subdivision Ordinance No. 483, as amended, Section 8.01(A) requiring that every lot abut on a public or private street. The applicant is requesting a variance to allow Common Access Easements for access to all lots. 2) Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) requiring a minimum stacking depth of 150 to allow a stacking depth of approximately 120 for the entrance from the S. H. 114 frontage road. 3) Driveway Ord. No. 634, as amended, Section 5.2(c) prohibits driveways onto collectors and local streets unless the tract or lot has no other access. The ZA16-027

3 applicant is requesting a variance to allow an entrance driveway onto Blessed Way. ACTION NEEDED: Consider 1 st reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN meeting Report dated May 10, 2016 (D) Corridor Planning Committee Report dated March 21, 2016 (E) Plans and Support Information Link to PowerPoint Presentation (F) Site Plan Review Summary No. 4, dated May 27, 2016 (G) Surrounding Property Owners Map and Responses (H) Ordinance No (I) Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker (817) Richard Schell (817) ZA16-027

4 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: Chesapeake Land Development Company, LLC Integrated Real Estate Group 1680, 1700, 1730 and 1750, E. State Highway 114, generally located northeast corner of E. State Hwy. 114 and Blessed Way Tract 2C, Richard Eads Survey, Abstract No. 481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No Mixed Use CURRENT ZONING: PROPOSED ZONING: HISTORY: AG Agricultural District S-P-1 Detailed Site Plan District with O-2 Office District to include a parking garage and limited MF-2 Multiple Family Residential District uses for age restricted senior housing only and to also allow related personal care facilities. The property was annexed into the City in 1956 and 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 2030 future land use designation for the site is Mixed Use. The purpose of the Mixed Use designation is to provide an option for largescale, 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. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows E. S.H. 114 to be a variable width freeway and Blessed Way to be a local street. Adequate right Attachment A ZA Page 1

5 of way is shown on the Site Plan. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a Future Multi-Use Trail ( 8 ) along S.H. 114 and an existing sidewalk Blessed Way. The Pedestrian Access Plan shows a 10 Multi-use Trail is along S. H. 114 and an 8 sidewalk along Blessed Way. There is an existing 6 sidewalk along Blessed Way. The minimum width required for a sidewalk on a local street adjacent to commercial development is 5. Major 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 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 façade 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. Structured parking is encouraged over surface parking. Specifically, shared parking is also encouraged between adjoining complementary land uses. Special attention should be given to the design of parking garages to avoid plain facades with views of parked cars from adjoining properties and rights-of-ways. Façade details, vertical and horizontal courses such as cornices, lintels, sills, and water courses should be used to add interest along Attachment A ZA Page 2

6 facades. To the extent possible, parking garages should be located behind principal structures to limit views from the highway. All developments greater than 10 acres should be broken up into blocks which can provide easy circulation by cars, people and emergency vehicles, and which interconnect with adjacent properties where possible. This will also facilitate reinvestment and possible redevelopment in future years. Master planning of larger tracts or multiple tracts is encouraged over piece-meal development. In addition, the master plan applications should include all the elements of the built environment such as building design, site design, wayfinding and building signage, landscaping, treatment of natural features, bridges, streets, street lighting, etc. Every effort should be made to incorporate recommended urban design elements into the project design. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have one access driveway onto E. State Hwy. 114 and one access driveway onto Blessed Way. Traffic Impact A Traffic Impact Analysis (TIA) was prepared for this development. The Executive Summary from the TIA is included in Attachment E of this report. E. S.H. 114 Frontage Rd. (5W) (between Kimball Ave. and Carroll Ave.) 24hr West Bound (6113) AM Peak AM (482) PM Peak PM (598) * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact Use Area/Units Vtpd* AM- AM- PM- PM- IN OUT IN OUT Office (710) 57,827 s.f Medical Office (720) 47,313 s.f Independent Senior Living (252) Assisted Living (254) Total * 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 th Edition TREE PRESERVATION: There is approximately 80.6% existing tree cover on the site. If this was a straight zoning case, the minimum percentage to be preserved per Tree Preservation Ordinance No. 585-D would be 30%. For property sought to be zoned S-P-1 Detailed Site Plan District, the City Council shall consider Attachment A ZA Page 3

7 the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The applicant is proposing to preserve approximately 30.8% of the existing tree cover. UTILITIES: CITIZEN INPUT: The site will connect to a 12 water line in S. H. 114 and an 8 water line in Blessed Way. The site will connect to a 12 sanitary sewer line in Blessed Way. The following meetings were held to discuss the development: A SPIN meeting was held for this project on May 10, A copy of the report for this meeting can be found under Attachment C of this staff report. A 2035 Corridor Planning Committee meeting was held on March 21, A copy of the report for this meeting can be found under Attachment D of this staff report. PLANNING AND ZONING COMMISSION ACTION: May 19, 2016; Approved (4-0) as presented subject to the staff report dated May 19, 2016 and Site Plan Review Summary No. 3 dated May 19, 2016, specifically granting the first three variances that were listed in the staff report and specifically not granting the fourth variance listed in the staff report, also noting the applicant s willingness to pay for a potential crosswalk along Blessed Way, of which the design and location will be discussed with staff, further noting the applicant s willingness to ensure that the exterior and landscaping surrounding the parking deck meets or exceeds the requirements of a recent approval at Kimball and S.H. 114 and lastly, further noting the applicant s willingness to look at criteria for what items can be stored on outdoor balconies. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated May 27, The criteria for granting variances to the Driveway Ordinance No. 634, as amended, are below. Variance criteria in Driveway Ordinance No. 634, as amended: In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the city Council shall be final. Attachment A ZA Page 4

8 Attachment B ZA Page 1

9 SPIN MEETING REPORT Attachment C ZA Page 1

10 Attachment C ZA Page 2

11 Attachment C ZA Page 3

12 Attachment C ZA Page 4

13 2035 CORRIDOR PLANNING COMMITTEE MEETING REPORT Attachment D ZA Page 1

14 Attachment D ZA Page 2

15 Attachment D ZA Page 3

16 Attachment D ZA Page 4

17 NARRATIVE LETTER Attachment E ZA Page 1

18 S-P-1 REGULATIONS AND VARIANCE REQUEST LETTER Attachment E ZA Page 2

19 Attachment E ZA Page 3

20 Attachment E ZA Page 4

21 Attachment E ZA Page 5

22 SITE PLAN Attachment E ZA Page 6

23 ELEVATIONS 1680 SH 114 Attachment E ZA Page 7

24 ELEVATIONS 1680 SH 114 Attachment E ZA Page 8

25 ELEVATIONS Independent Living Attachment E ZA Page 9

26 ELEVATIONS Independent / Assisted Living Attachment E ZA Page 10

27 GARAGE ELEVATIONS Attachment E ZA Page 11

28 LANDSCAPE PLAN Lot 1 Attachment E ZA Page 12

29 LANDSCAPE PLAN Lots 2-5 PHASE 1 LANDSCAPE PLAN Lots 2-5 Attachment E ZA Page 13

30 LANDSCAPE PLAN Lot 6 LANDSCAPE PLAN Lot 7 Attachment E ZA Page 14

31 TREE PRESERVATION PLAN Existing Tree Cover % Proposed % of existing cover to be preserved 30.8% Attachment E ZA Page 15

32 TRAFFIC IMPACT ANALYSIS EXECUTIVE SUMMARY (LINK TO TIA DATED MAY 17, 2016) Attachment E ZA Page 16

33 LEE ENGINEERING REVIEW OF TRAFFIC IMPACT ANALYSIS Attachment E ZA Page 17

34 Attachment E ZA Page 18

35 Attachment E ZA Page 19

36 SITE PLAN REVIEW SUMMARY : ZA Review No.: Four Date of Review: 05/27/16 Project Name: Site Plan SH 114 and Blessed Way APPLICANT: Paul Milosevich OWNER: Michelle Miller Integrated Realty Group Chesapeake Land Development Co., LLC 3110 W. Southlake Blvd. Ste N. Western Ave. Southlake, TX Oklahoma City, Oklahoma Phone: (817) Phone: (405) pmilosevich@integratedreg.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/26/16 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) A Preliminary Plat must be processed and approved by City Council following a recommendation by the Planning and Zoning Commission and a Final Plat must be processed, approved by the Planning and Zoning Commission, and recorded with the County prior to issuance of a building permit. 2. Staff recommends providing color perspective views from S. H Please provide a material sample board with all the materials shown on the elevations. 4. Please revise the Landscape and/or Site Plan so that the surface parking spaces shown on Lot 3 match on both plans. The total number of parking spaces visible on the plans should be Please revise the S-P-1 regulations for the height of the senior housing buildings to also state that they are four stories. 6. Please make the following changes to the Site Plan: a. Label the dimensions of each wall length on all buildings. 7. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following variances are requested: a. A stacking depth of approximately 120 is shown on the SH 114 drive and 150 is required. A variance request letter requesting a variance to Driveway Ord. No. 634, as amended, Section 5.2(d) has been submitted. The driveway on Blessed Way appears to meet the minimum required 150 stacking depth. b. Driveway Ord. No. 634, as amended, Section 5.2(c) prohibits driveways onto collectors and local streets unless the tract or lot has no other access. A variance request is requested to allow the driveway onto Blessed Way. Attachment F ZA Page 1

37 8. Clearly designate the location and size of all parking stalls intended for off-street loading. Use hatching to designate the loading spaces. An S-P-1 regulation has been added to allow one loading space on each office building lot instead of the two spaces required. Clearly show the walls and gates of the trash receptacle enclosures. 9. Use a symbol to designate accessible parking spaces and hatch any loading areas that are shown adjacent to those spaces. 10. It is unclear how trucks would turn around in the service drive for Lot 3. Be prepared to explain how the trucks would enter and exit that service area. 11. A minimum 8 screening device meeting the requirements of Ordinance 480, Section 39 is required along all boundaries abutting single family residential property and the required F1 bufferyard also requires an 8 opaque fence. An 8 board on board wood fence is shown along the east property line of Lot 6 to meet these requirements, but the fence does not extend along the open space Lot 7. An S-P-1 regulation has been added to not require a fence along the east boundary of Lot The Pedestrian Access Plan shows an 8 sidewalk along Blessed Way. There is an existing 6 sidewalk along Blessed Way. The minimum width required for a sidewalk on a local street adjacent to commercial development is 5. Please clarify if the existing sidewalk will be widened, or, if the plan intends to show the existing sidewalk to remain as it is, please revise the width to Please vertical articulation dimensions to the north elevation on sheet AR-10. Tree Conservation/Landscape Review kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) TREE CONSERVATION COMMENTS: 1. Please label every tree on the Tree Conservation Plan with a number that corresponds to the numbers on the Tree Survey. The digital copy of the Tree Survey that was provided will not open, so please provide a useable copy. * Based on the Existing Tree Cover Preservation Calculations the proposed development does comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The site contains approximately 80.6% tree cover and 30% of that tree cover is required to be preserved. The applicant is proposing to preserve 30.8% of the total tree cover on the site. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Attachment F ZA Page 2

38 Table 2.0 Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% 20% 70% % 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). 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: i. 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; ii. iii. iv. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; 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 this Ordinance. * 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: 1. There are existing trees and vegetation along the northern property line. The bufferyard chart shows the required plantings to be provided in that area. Please show the location of the 69 shrubs to be provided and ensure that all plant material shown can be planted and irrigated without Attachment F ZA Page 3

39 altering the existing trees shown to be preserved on the Tree Preservation Plan. 2. Ensure that the plant material shown to be provided on the Landscape Plans can be planted and irrigated without altering any of the trees shown to be preserved on the Tree Preservation Plan. 3. Please make the following changes to bufferyards: a. The width of approved driveways may be removed from the bufferyard length when calculating required plant materials. Revise the length of the south bufferyard adjacent to SH114 to 861 feet and change the required and provided number of accent trees to 18, which matches the number of accent trees shown in the bufferyard on the plan. Revise all sheets that have charts (Site Plan and Landscape Plans) including the Type I bufferyard. Also change sheet L7.01 to show a Type I bufferyard required along SH 114 instead of a Type A. Revise the number of shrubs required in the Type I bufferyard from 106 to 103. b. Shrubs are shown to be provided in the bufferyard chart, but the locations of the shrubs are not shown on the plans. Please show the locations of the shrubs to be provided on the plans. * The applicant is proposing to take existing tree credits on each lot for existing trees proposed to be preserved on the lots and within the open space areas. * Indicates informational comment. # Indicates required items comment. Steve Anderson, P.E., CFM Civil Engineer Phone: (817) sanderson@ci.southlake.tx.us Kelly Clements Assistant Fire Marshal Phone: (817) kclements@ci.southlake.tx.us GENERAL COMMENTS: Public Works/Engineering Review No comments Fire Department Review Automatic fire sprinkler system will be required for buildings over 6,000 square feet. (Per 2012 I.F.C. Sec as amended) A dry standpipe system shall be required for the parking garage if the distance from the lowest level of fire department access is in excess of 150 feet to reach all portions of the parking garage. The required backflow protection (double check valve) for the sprinkler system can be located on Attachment F ZA Page 4

40 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. The Fire Department Connection for the sprinkler system and parking garage standpipe must be within 100 feet of a fire hydrant. (A remote FDC is acceptable to meet the requirement)(fdc locations not shown on plans) FIRE HYDRANT COMMENTS: An additional fire hydrant will be required for building 3 to meet the minimum fire flow requirements as listed in table C105.1 in the 2012 International Fire Code. (Appendix C) FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2012 I.F.C. Sec ) Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) Peter Kao Construction Manager pkao@ci.southlake.tx.us Park Board comments or recommendations: Community Service/Parks Department Review 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) 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. Non-residential park dedication fees in the amount of $2400 per gross acre x approximately 7 acres= $16,800 will be required. This is approximate because acreage for Lots 2 and 3 not provided in submittal. Fees will be collected with the approved developer s agreement or prior to any permit being issued. Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. Residential park dedication fees in the amount of $3000 per dwelling unit x ( = 233) dwelling units =$699,000 will be required. Assisted living units are considered commercial. Total park fee dedication amount is approx.. $16,800 + $699,000 = approx. $715, Pathway Comments: Attachment F ZA Page 5

41 Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should provide 4ft+ 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. Other informational comments? * A SPIN meeting was held for May 10, General Informational Comments * Sidewalks and/or trails are provided compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The required 8 multi-use trail is shown along SH 114. A minimum 5 sidewalk is required along Blessed Way and a 6 sidewalk exists. * 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 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones except as noted in the S-P-1 regulations. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Attachment F ZA Page 6

42 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SH 114 & Blessed Way Senior Housing SPO # Owner Zoning Property Address Acreage Response 1. SLTS GRAND AVENUE LP DT 1430 DIVISION ST 2.55 NR 2. MC PROPERTIES INC SP E SH F 3. H D DEVELOPMENT PROPERTIES LP C E SH NR 4. HD DEVELOPMENT PROPERTIEX LP C3 300 VILLAGE CENTER DR NR 5. BTH & RA ASSOCIATES INC MF1 400 BRIARWOOD DR 0.54 NR 6. CHESAPEAKE LAND DEV CO LLC AG 1680 E SH NR 7. GATEWAY CHURCH NRPUD 700 BLESSED WAY NR 8. CHESAPEAKE LAND DEV CO LLC AG 1730 E SH NR 9. CHESAPEAKE LAND DEV CO LLC AG 1700 E SH NR 10. BROWN, RONNI SF1-A 600 BRIARWOOD DR 1.27 NR Attachment G ZA Page 1

43 11. SOUTHLAKE BREWER PARTNERS LLC B E SH NR 12. BRIARWOOD TOWNHOMES LP MF1 420 BRIARWOOD DR 0.57 NR 13. DRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 1.06 NR 14. CHESAPEAKE LAND DEV CO LLC AG 1750 E SH NR 15. KHONCARLY, HICHAM SF1-A 550 BRIARWOOD DR 1.05 NR 16. OJO, OLUWASANJO J SF1-A 500 BRIARWOOD DR 1.07 NR 17. S T I C LLC SP E SH NR 18. S T I C LLC SP E SH NR 19. SC SOUTHLAKE MEDICAL LLC SP E SH NR 20. GATEWAY CHURCH NRPUD 701 BLESSED WAY NR 21. SHAMROCK PIPELINE CORP, THE C E SH F 22. SLTS LAND LP DT 1651 E SH NR 23. FECHTEL, JOE EST SH NR 24. FECHTEL, JOE EST E SH NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received within 200 : Two (2) Attached Attachment G ZA Page 2

44 Attachment G ZA Page 3

45 Attachment G ZA Page 4

46 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 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 TRACT 2C, RICHARD EADS SURVEY, ABSTRACT NO. 481 AND TRACTS 5E, 5C1 AND 5D1, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM AG AGRICULTURAL DISTRICT TO S-P-1 DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT B, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as AG Agricultural District under the City s Comprehensive Zoning Ordinance; and, Attachment H ZA Page 1

47 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 ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Attachment H ZA Page 2

48 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 described as Tract 2C, Richard Eads Survey, Abstract No. 481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas being approximately acres, and more fully and completely described in Exhibit A from AG Agricultural District to S-P-1 Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following conditions: Attachment H ZA Page 3

49 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Attachment H ZA Page 4

50 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Attachment H ZA Page 5

51 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 1 st reading the day of, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of, MAYOR ATTEST: CITY SECRETARY Attachment H ZA Page 6

52 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment H ZA Page 7

53 EXHIBIT A Being described as Tract 2C, Richard Eads Survey, Abstract No. 481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Attachment H ZA Page 8

54 EXHIBIT B Reserved for approved Site Plan Attachment H ZA Page 9