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Item 7C Department of Planning & Development Services S T A F F R E P O R T January 26, 2016 CASE NO: ZA15-142 PROJECT: Zoning Change & Concept/Site Plan for The Offices at Kimball Park EXECUTIVE st SUMMARY: MDP Kimball Park, LLC is requesting 1 reading approval of a Zoning Change and Concept/Site Plan from S-P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District for The Offices at Kimball Parkon property described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 400 and 470 N. Kimball Ave., Southlake, Texas. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood # 4. REQUEST st DETAILS: The applicant is requesting 1 reading approval of a Zoning Change and Concept/Site Plan from S-P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S-P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one-level parking garage. A Zoning Change and Concept/Site Plan was approved March 4, 2014 for the Kimball Park development, which included the four-story, 175 room Cambria Hotel and Suites that is currently under construction, a 96,000 square foot office building with four above grade floors and first level parking, restaurant, coffee shop and retail uses, and one open space lot on approximately 15.5 acres. A Site Plan was approved at that time for only for the Cambria Suites Hotel and Suites. The changes proposed with this request pertain only to Lot 3, which includes the office building. There is currently only a Concept Plan for Lot 3, so this request is to amend the S-P-2 zoning, including the previously approved Concept Plan, and to seek approval of a Site Plan for Lot 3. No changes are proposed to the remainder of the Kimball Park development. All previous conditions of approval remain in effect. A summary of the proposed changes to Lot 3 is below:  The office building includes four above grade floors of office space without parking on the first level and the gross floor area for office uses has increased from 96,000 square feet to approximately 116,484 square feet  A one-level parking deck with 96 parking spaces has been added. Case No. ZA15-142  The number of parking spaces required on Lot 3 has been increased from 326 spaces to 436 spaces and the provided parking has increased from 326 spaces to 459 spaces (363 at grade spaces + 96 parking deck spaces).  An S-P-2 regulation has been added to allow the building articulation as shown on the elevations. The north and south elevations of the office building and all elevations of the parking garage as shown do not meet the horizontal and vertical articulation requirements.  An S-P-2 regulation has been added to allow the painted concrete and metal on the office building elevations and precast concrete panels for the parking garage.  An S-P-2 regulation has been added to allow a bank drive-through on the west side of the building and the removal of 12 parking spaces for the drive-through. Separate approval of a Site Plan by City Council following a recommendation by the Planning and Zoning Commission is required prior to issuance of a building permit for the drive-through.  An S-P-2 regulation has been added to not require the additional interior landscaping that would be required based on the square footage of the parking garage. VARIANCES REQUESTED: The following variances are requested and they were approved the original Zoning Change and Concept Plan on March 4, 2014: 1)The driveways do not meet the minimum required stacking depth of 150’. Approximately 17.6’ of stacking depth is shown on the N. Kimball Ave. driveway and 34.2’ of stacking depth is shown on the S.H. 114 driveway. 2) Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. A variance is requested to allow the lots to be configured as shown on the Concept Plan. st ACTION NEEDED: Consider 1 reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN Meeting Report dated January 6, 2014 (D) Plans and Support Information – Link to PowerPoint Presentation (E) Concept/Site Plan Review Summary No. 3, dated January 25, 2016 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-657b for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA15-142 BACKGROUND INFORMATION OWNER/APPLICANT: MDP Kimball Park, LLC PROPERTY ADDRESS: 400 and 470 N. Kimball Ave. PROPERTY DESCRIPTION: Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049 LAND USE CATEGORY: Mixed Use CURRENT ZONING: “ S-P-2” Generalized Site Plan District REQUESTED ZONING: “ S-P-2” Generalized Site Plan District HISTORY: - A Zoning Change and Concept/Site Plan (ZA12-067) from “I-1” Light Industrial District to “S-P-2” Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved June 2, 2015. TRANSPORTATION ASSESSMENT: Traffic Impact A Traffic Impact Analysis was submitted for the previously approved Kimball Park development. An updated TIA is not required for this case. TREE PRESERVATION: No changes to the approved Tree Conservation Plan are proposed with this request. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for the entire Kimball Park project was held January 6, 2014. A summary of that meeting is included in Attachment C of this report. PLANNING AND ZONING COMMISSION APPROVAL: January 21, 2016; Approved (5-0) as presented subject to the staff report dated January 21, 2016 and Concept/Site Plan Review Summary No. 2, dated January 15, 2016, specifically approving the two variances noted in the staff report with respect to minimum required stacking depth and fronting on a public or private street, also noting that unless otherwise noted in the staff report, all previous conditions of the prior approval will remain in full effect. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 3, dated January 25, 2016. The Planning and Zoning Commission and City Council motions from the original approval on March 4, 2014 are included below for reference: Case No. Attachment A ZA15-142 Page 1 Previous Planning and Zoning Commission motion: January 9, 2014; Tabled to the January 23, 2014 P&Z meeting. January 23, 2014; Tabled to the February 6, 2014 P&Z meeting. February 6, 2014; Approved (5-0) subject to Revised Concept/Site Plan Review Summary No. 2 and Staff Report dated January 31, 2014, approving the two variances requested: 1) The driveways do not meet the minimum required stacking depth of 150’. Approximately 17.6’ of stacking depth is shown on the N. Kimball Ave. driveway and 34.2’ of stacking depth is shown on the S.H. 114 driveway and 2) Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. A variance is requested to allow the lots to be configured as shown on the Concept Plan and noting the applicants willingness to address the following: 1) the entrance to the hotel on the southeast corner of the hotel, 2) the parking and landscaping on the east side of the hotel 3) the design and layout of the retail/restaurant component around the circle with the potential for patio space on the southern side of the building as well as the northern side, 4) clarify renderings of the hotel 5) refine the renderings to more closely resemble the materials anticipated being used, 6) place the fountain in the renderings and 7) add pedestrian access from the hotel to the green space on the southeast portion of the lot. Previous City Council motions: st February 18, 2014; Approved at 1 reading (6-1) subject to the following stipulations: approval of requested variances—driveway stacking depth and Subdivision Ordinance regarding the public and private street access that will be configured as shown on the concept plan; concept plan review summary No. 3, dated February 11, 2014; understanding that applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) regarding Lot 6, a detailed landscape plan showing how that can be incorporated with the federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor and within that floor plan a detail of the outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured to the extent to provide for periodic maintenance within the floodway in connection with Lot 6 landscape detail and provide detailed plant material for entire project, and (6) detailed renderings for convention center from the Kimball approach which would also include traffic circle. nd March 4, 2014; Approved at 2 reading (6-1) pursuant to the following:revised concept plan review summary No. 3, dated February 26, 2014; approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; also noting the requirements under this motion are pursuant to: (1) the revised renderings that were presented to Council this evening; (2) the Declaration of Covenants, Case No. Attachment A ZA15-142 Page 2 Restrictions, and easements (CCR) as presented to Council in the application this evening; (3) the revised landscape plan presented to Council; (4) the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4; (5) also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; (6) the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m.; (7) the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; (8) and pursuant to the revised concept/site plan as presented this evening. Case No. Attachment A ZA15-142 Page 3 Case No. Attachment B ZA15-142 Page 1 Case No. Attachment C ZA15-142 Page 1 Case No. Attachment C ZA15-142 Page 2 Case No. Attachment C ZA15-142 Page 3 Case No. Attachment C ZA15-142 Page 4 Case No. Attachment C ZA15-142 Page 5 S-P-2 REGULATIONS Case No. Attachment D ZA15-142 Page 1 Case No. Attachment D ZA15-142 Page 2 Case No. Attachment D ZA15-142 Page 3 Case No. Attachment D ZA15-142 Page 4 Case No. Attachment D ZA15-142 Page 5 Case No. Attachment D ZA15-142 Page 6 PREVIOUSLY APPROVED VARIANCE REQUEST LETTER Case No. Attachment D ZA15-142 Page 7 APPROVEDOVERALL PLAN (MARCH 4, 2014) PROPOSEDOVERALL PLAN Case No. Attachment D ZA15-142 Page 8 APPROVEDCONCEPT PLAN (MARCH 4, 2014) PROPOSEDCONCEPT PLAN Case No. Attachment D ZA15-142 Page 9 PROPOSEDSITE PLAN Case No. Attachment D ZA15-142 Page 10 PREVIOUSLY APPROVEDRENDERINGS AND MATERIALS (MARCH 4, 2014) (FOUR ABOVE GRADE FLOORS W/GROUND LEVEL PARKING APPROVED) Case No. Attachment D ZA15-142 Page 11 KIMBALL PARKRENDERING PRESENTED AT MAY 19, 2015 COUNCIL MEETING (WITH CAMBRIA HOTEL REVISIONS) Case No. Attachment D ZA15-142 Page 12 PROPOSED RENDERINGS Case No. Attachment D ZA15-142 Page 13 Case No. Attachment D ZA15-142 Page 14 Case No. Attachment D ZA15-142 Page 15 PROPOSED ELEVATIONS Case No. Attachment D ZA15-142 Page 16 PROPOSED ELEVATIONS Case No. Attachment D ZA15-142 Page 17 APPROVED TREE PRESERVATION PLAN (MARCH 4, 2014) PROPOSEDTREE PRESERVATION PLAN Case No. Attachment D ZA15-142 Page 18 PROPOSEDLANDSCAPE PLAN Case No. Attachment D ZA15-142 Page 19 PROPOSEDLANDSCAPE PLANTINGS Case No. Attachment D ZA15-142 Page 20 CONCEPT/SITE PLAN REVIEW SUMMARY ZA15-142Three01/25/16 Case No.: Review No.: Date of Review: Project Name: Concept/Site Plan – Kimball Park APPLICANT: Jeff Medici ENGINEER: Jimmy Fechter MDP Southlake Adams Engineering 1203 S. White Chapel Blvd. Ste. 100 910 S. Kimball Ave. Southlake, TX 76092 Southlake, TX 76092 Phone: (214) 784-1617 Phone: (817) 328-3215 E-mail: E-mail: jeffmedici@gmail.comjimmy.fechter@adams-engineering.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/21/16 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. 1. Please make the following changes the Concept and/or Site Plans: a. Please make the following changes to the impervious coverage and open space areas and percentages in the table on the Concept Plan. i. The open space area plus the impervious area should add to the net area for each lot and for the total. The percentages of open space and impervious coverage should total 100% for each lot and for the total. Please change the percentage of impervious coverage for Lot 4 to 77% and change the percentage of open space for Lot 5 to 21%. 2. Please make the following revisions to the elevations: a. Please dimension and label the height of the building to the predominant parapet height on the elevations and not to the roof height. b. Add the written scale under the graphic scale (1/8” = 1’). c. Please provide a material sample board of all exterior materials to be used. 3. The proposed office development is subject to the requirements in the Corridor and Residential Overlay Districts except as noted in the S-P-2 regulations. The following Overlay requirements have been modified in the S-P-2 regulations: a. A regulation has been added to allow the vertical and horizontal articulation on the office building as shown on the Site Plan. The north and south elevations do not meet the horizontal and vertical articulation requirements. b. Please include a regulation to allow the articulation on the parking garage as shown. None of the garage elevations meet the horizontal and vertical articulation requirements. Case No. Attachment E ZA15-142 Page 1 c. A regulation has been added to allow painted concrete and metal as permitted façade materials on the office building and precast concrete panels as a permitted façade material on the garage. 4. Please revise the drive lanes, trash enclosure location and parking islands and spaces on the Boka Powell plans to match the Site Plan (S4.0). * A bank teller zone is shown on the west side of the building on theBoka Powell Site Plan and an S- P-2 regulation has been added to allow a teller drive-up lane and window on the west elevation and the reduction of 12 provided parking spaces. Approval of a Site Plan by the City Council following a recommendation by the Planning and Zoning Commission will be required to allow the addition of a drive-through and window. * Ordnance No. 480, Section 36.6 requires 3 loading spaces for office buildings 100,000 – 199,999 square feet in size. A regulation has been added to allow 2 loading spaces as shown on the Concept and Site Plans. * The Declaration of Covenants, Restrictions and Easements for Kimball Park was approved with the original Zoning Change and Concept/Site Plan for Kimball Park and it remains in effect with this request unless otherwise noted. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The submitted Tree Conservation Plan complies with the previously approved Tree Conservation Plan. * 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. Within the proposed Development Regulations the applicant is proposing to vary from the interior landscape area and plant material that is required to be provided for the footprint area of the parking garage. The interior landscape calculations indicate that enough landscape area is provided across the site but the required plant material is not provided. Parking garages shall be considered as building in accordance with Section 3.3 in the Landscape Ordinance 544-B. Please include the building footprint area of the parking garage when calculating the interior landscape area and required plant material. 2. Not all of the parking landscape islands are 12’ width form back-of-curb to back-of-curb. Ensure that parking landscape islands are at least 12- wide form back-of-curb to back-or-curb. Parking lot Case No. Attachment E ZA15-142 Page 2 islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. 3. None of the required interior landscape or bufferyards shrubs are shown on the submitted Landscape Plan. 4. The Development Regulations state that the western property line will be screened with a vegetated screening of: existing plant material, required plantings and additional large shrubs and accent trees that will achieve a solid screening of 8’ in height and will be shown on the landscape plan. The plantings shown within the west bufferyard are only the minimal required plantings for the 5’ – A type bufferyard and the shrubs are not shown. Most of the existing trees shown to be preserved are on the property line, within a utility easement, and are partially the proposed developments and the adjoining property owners. Based on the information that is provided, the proposed landscaping within the west bufferyard does not seem to comply with the proposed Development Regulations. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. New Requirement: 2. Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include SWPPP shall be timelines in relation to the project activities for installation and removal of controls. submitted by second review of the civil construction plans. NEW REQUIREMENT: 3. Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. 5. Traffic Impact Analysis on file for overall development. No update is required. * 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 EASEMENTS: Case No. Attachment E ZA15-142 Page 3 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. WATER COMMENTS: 1. Minimum size for water lines is 8”. 2. Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non- sprinkled buildings or 600’ for sprinkled buildings. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. * X” water line on (street name) shall conform to the City’s water concept plan. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: 1. Minimum size for sanitary sewer is 8”. Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. 2. Extend sanitary sewer to the eastern/western/northern/southern property line and provide sewer stub to adjacent property. 3. Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: * Property drains into a Critical Drainage Structure #XX and requires a fee to be paid prior to beginning construction ($0.00/Acre). * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.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. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Case No. Attachment E ZA15-142 Page 4 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. * 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 Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for buildings over 6,000 square feet, and a dry standpipe for the two-story parking garage. (Per 2012 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis for sprinkled buildings and within 150 feet of all exterior portions of the perimeter of non-sprinkled buildings. Fire apparatus access shall 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) (Label fire lanes throughout the property; appear to be missing around the parking garage) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2012 I.F.C. Sec. 503.2.4) FIRE HYDRANT COMMENTS: Hydrants are required at a maximum spacing of 500 feet for commercial locations with completely sprinkled buildings. (Hydrant spacing does not meet the requirements; add hydrants as necessary around the parking garage) Fire Department Connections for sprinkler systems and standpipes must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes. (FDC locations not indicated on plans) Case No. Attachment E ZA15-142 Page 5 Add FDC locations, wall mount or remote connection, and fire hydrants as necessary to meet requirements for the office building and parking garage. General Informational Comments * A SPIN meeting for Kimball Park was held January 6, 2014. * A preliminary plat for the entire property that conforms to the site plan must be approved and a final plat must be approved and filed prior to issuance of a building permit. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. City Council approved a variance with the first Zoning Change and Concept Plan application to allow the lots to be configured as shown. * 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 with regard to type of lighting, intensity, glare and spill-over. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 65 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones except where noted in the S-P-2 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. * The Council motions for the previously approved Kimball Park development that was approved September 4, 2012 is included below for reference: * Denotes Informational Comment * The Council motions for the previously approved S-P-2 Zoning Change and Concept/Site Plan for the Kimball Park development that was approved March 4, 2014 is included below for reference: Previous Planning and Zoning Commission motion: January 9, 2014; Tabled to the January 23, 2014 P&Z meeting. January 23, 2014; Tabled to the February 6, 2014 P&Z meeting. Case No. Attachment E ZA15-142 Page 6 February 6, 2014; Approved (5-0) subject to Revised Concept/Site Plan Review Summary No. 2 and Staff Report dated January 31, 2014, approving the two variances requested: 1) The driveways do not meet the minimum required stacking depth of 150’. Approximately 17.6’ of stacking depth is shown on the N. Kimball Ave. driveway and 34.2’ of stacking depth is shown on the S.H. 114 driveway and 2) Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. A variance is requested to allow the lots to be configured as shown on the Concept Plan and noting the applicants willingness to address the following: 1) the entrance to the hotel on the southeast corner of the hotel, 2) the parking and landscaping on the east side of the hotel 3) the design and layout of the retail/restaurant component around the circle with the potential for patio space on the southern side of the building as well as the northern side, 4) clarify renderings of the hotel 5) refine the renderings to more closely resemble the materials anticipated being used, 6) place the fountain in the renderings and 7) add pedestrian access from the hotel to the green space on the southeast portion of the lot. Previous City Council motions: st February 18, 2014; Approved at 1 reading (6-1) subject to the following stipulations: approval of requested variances—driveway stacking depth and Subdivision Ordinance regarding the public and private street access that will be configured as shown on the concept plan; concept plan review summary No. 3, dated February 11, 2014; understanding that applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) regarding Lot 6, a detailed landscape plan showing how that can be incorporated with the federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor and within that floor plan a detail of the outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured to the extent to provide for periodic maintenance within the floodway in connection with Lot 6 landscape detail and provide detailed plant material for entire project, and (6) detailed renderings for convention center from the Kimball approach which would also include traffic circle. nd March 4, 2014; Approved at 2 reading (6-1) pursuant to the following:revised concept plan review summary No. 3, dated February 26, 2014; approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; also noting the requirements under this motion are pursuant to: (1) the revised renderings that were presented to Council this evening; (2) the Declaration of Covenants, Restrictions, and easements (CCR) as presented to Council in the application this evening; (3) the revised landscape plan presented to Council; (4) the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4; (5) also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; (6) the permitted uses represented from Case No. Attachment E ZA15-142 Page 7 Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m.; (7) the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; (8) and pursuant to the revised concept/site plan as presented this evening. * Denotes Informational Comment Case No. Attachment E ZA15-142 Page 8 SURROUNDING PROPERTY OWNERS Kimball Park SPO # Owner Zoning Address Acreage Response HAGAR, STEPHEN T AG 479 N KIMBALL AVE 4.08 1. NR CHAMATHIL, VARGHESE AG 411 N KIMBALL AVE 1.67 2. F INLAND WESTERN SLAKE 3. NR CORNERS K C3 200 N KIMBALL AVE 16.71 ST LAURENCE EPISCOPAL 4. NR CHURCH CS 517 N KIMBALL AVE 5.59 IVESTER, EMORY O AG 501 N KIMBALL AVE 3.62 5. NR AOS INVESTMENTS GROUP INC O1 469 CHERRY LN 1.01 6. NR FUSSELMAN, BRUCE C3 2100 E SH 114 1.80 7. NR TATE, JOHN T SP2 2120 E SH 114 0.92 8. NR MAYSE, RICHARD A SP2 2118 E SH 114 0.75 9. NR SANDCO HOLDINGS LP SP2 420 N KIMBALL AVE 0.54 10. NR TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 11. F JUNEJA, VIKAS RPUD 2201 COTSWOLD VALLEY CT 0.30 12. NR CORP OF EPISCOPAL DIOCESE FW AG 549 N KIMBALL AVE 0.94 13. NR EQYINVEST OWNER II LTD LLP C3 2120 E SOUTHLAKE BLVD 7.37 14. NR HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.94 15. NR FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 16. NR VAN TIL, JOHN J MF1 625 CHERRY LN 1.01 17. NR REYNAL, JOHN MF1 575 CHERRY LN 1.14 17 NR HALIM, EMIL A MF1 725 CHERRY CT 0.96 18. NR MDP SOUTHLAKE LLC SP2 470 N KIMBALL AVE 9.33 19. NR KIMBALL ROAD LP I1 500 N KIMBALL AVE 1.61 20. NR ONCOR ELECTRIC DELIVERY CO 21. NR LLC CS 550 N KIMBALL AVE 2.55 Case No. Attachment F ZA15-142 Page 1 TDC MANAAGEMENT LLC SP2 560 N KIMBALL AVE 0.48 22. NR LEE, K WAYNE SP2 566 N KIMBALL AVE 0.66 23. NR BO-FAM INVESTMENTS LTD I1 450 N KIMBALL AVE 0.37 24. F MDP SOUTHLAKE LLC SP2 400 N KIMBALL AVE 6.13 25. NR BO-FAM INVESTMENTS LTD I1 440 N KIMBALL AVE 0.32 26. F CHERRY LANE PARTNERS LP O1 485 CHERRY LN 2.01 27. NR KIMBALL LAKES PROPERTY 28. NR OWNERS SP2 572 N KIMBALL AVE 0.39 HAGAR, STEPHEN T AG 479 N KIMBALL AVE 4.08 29. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent Within 200’: Twenty-nine (29) Responses Received: Three (3) - Attached Case No. Attachment F ZA15-142 Page 2 Case No. Attachment F ZA15-142 Page 3 Case No. Attachment F ZA15-142 Page 4 Case No. Attachment F ZA15-142 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657b 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 TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.518 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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 “S-P-2” Generalized Case No. Attachment G ZA15-142 Page 1 Site Plan 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 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 Case No. Attachment G ZA15-142 Page 2 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 described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 15.518 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit “B”, and Case No. Attachment G ZA15-142 Page 3 subject to the following conditions: S-P-2 Regulations for Ordinance No. 480-657 Case No. Attachment G ZA15-142 Page 4 Case No. Attachment G ZA15-142 Page 5 Case No. Attachment G ZA15-142 Page 6 Case No. Attachment G ZA15-142 Page 7 Case No. Attachment G ZA15-142 Page 8 Case No. Attachment G ZA15-142 Page 9 Variances approved with Ord. No. 480-657 Case No. Attachment G ZA15-142 Page 10 S-P-2 Regulations for Ordinance No. 480-657a Case No. Attachment G ZA15-142 Page 11 Case No. Attachment G ZA15-142 Page 12 Case No. Attachment G ZA15-142 Page 13 Case No. Attachment G ZA15-142 Page 14 Case No. Attachment G ZA15-142 Page 15 st Council Motion at 1 Reading of Ordinance No. 480-657: February 18, 2014; Approved (6-1) subject to the following stipulations: approving the requested variances for driveway stacking depth and the Subdivision Ordinance requirement that lots front on a public or private street to allow the lots to be configured as shown; Concept Plan Review Summary No. 3, dated February 11, 2014; understanding that the applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) detailed landscape plan, to include detailed plant material for Lot 6 to show how landscaping can be incorporated within federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor plan and within that floor plan a detail of outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured and what type of periodic maintenance can be provided within the floodway in connection with landscape detail for Lot 6 and also provide detailed plant material for the entire project, and (6) detailed renderings for convention center from the Kimball approach which would include the traffic circle. nd Council Motion at 2 Reading of Ordinance No. 480-657: nd March 4, 2014; Approved at 2 reading (6-1) pursuant to the following: 1. Approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; 2. Also noting the requirements under this motion are pursuant to: a. the revised renderings that were presented to Council this evening; b. the Declaration of Covenants, Restrictions, and easements (CCR) as presented to Council in the application this evening; c. the revised landscape plan presented to Council (included in Attachment “B” of this Ordinance); d. the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4 (correction made in S-P-2 regulations); e. also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; f. the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m. (correction made in S-P-2 regulations); Case No. Attachment G ZA15-142 Page 16 g. the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; h. pursuant to the revised concept/site plan as presented this evening and (included in Attachment “B” of this Ordinance); 3. Concept Plan Review Summary No. 3, dated February 26, 2014: Please make the following changes the Concept and/or Site Plans: 5. a. Show, label and dimension the width of the R.O.W. adjacent to the site. b. One 10’ x 50’ loading space is required for the hotel and that space is provided on the west side of the building. Staff recommends adding a loading space on the east side of the building adjacent to the bar and restaurant or show how deliveries to the kitchen and bar area will be made. c. Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. Council approval of a variance will be required to allow the lot configuration as shown. A variance was granted by City Council. 6. Please move the S-P-2 regulation regarding building articulation to the section for Lot 1. The way the regulation is written, all future buildings would be allowed to not meet the articulation requirements before City Council has a chance to see the proposed elevations (corrected in the S-P- 2 regulations). 7. Revise the parking provided for Lot 1 in the Site Data Summary Chart on the Concept Plan to 212 spaces. 8. Revise the office square footage in the first paragraph of Section 2.2 of the TIA (48,000 s.f. should be 96,000 s.f.). The square footage is correctly shown in Table 1 –Trip Generation Summary just below the paragraph. 9. Please make the following changes with regard to easements: a. Label the existing common access easement on Lots 6R and 7R, Block 1, Mesco Addition as shown on the plat recorded as Instrument No. D211037987, Plat Records, Tarrant County, Texas. 10. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The proposed driveway onto E. SH 114 does not meet the minimum 250 feet of spacing (60 feet shown) from an approved driveway and common access easement located on Lot 7R, Block 1, Mesco Addition (case ZA96- Case No. Attachment G ZA15-142 Page 17 109). The driveway/common access easement on Lot 7R1, Block 1 is labeled to be abandoned. Prior to issuance of a permit for the proposed driveway on SH 114, a copy of the executed and recorded instrument(s) for the off-site and on-site common access easements and agreement to abandon the common access easement and driveway on the approved Lot 7R, Block 1, Mesco Addition (case ZA96-109) must be provided. 11. Revise the renderings and/or the Concept and Site Plans so that the landscaped and sidewalk areas adjacent to the hotel entrance match. The renderings are showing a landscaped area where a paved area is shown on the Concept and Site Plans. Tree Conservation Comments: 1. The submitted Development Regulations propose that the western property line adjacent to the multi-family residential lots will be screened with a vegetated screening of: existing plant material, required plantings within the buffer and additional large shrubs and accent trees planted within the bufferyard. There are a significant amount of existing trees and associated vegetation along the west and north property lines. Identify these trees and designate if they will be preserved, removed, considered marginal, and show how the proposed west bufferyard landscaping will be integrated with the existing vegetation. 2. The Preliminary Grading Plan shows that the McPherson Branch Creek on Lot 6 is proposed to be graded and improved. There is one large Post Oak tree on the back of Lot 7R, Block 1, Mesco Addition that might be on the Kimball Park, Lot 6 property. The proposed grading and south access drive look like they may alter the existing tree. Please locate and identify this tree on the submitted plans. Interior Landscape and Bufferyard Comments: 1. Some of the parking lot islands measure less than 12’ in width from back-of-curb to back-of-curb. Parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. 2. No bufferyard is proposed along the east property line of Lot 6 in the Summary Chart, but a bufferyard is shown on the concept plan. The east bufferyard along the east property line of Lot 6 is required to be a 5’ – A, adjacent to the commercial and office properties , and a 10’ – E along North Kimball Avenue. Include an S-P-2 regulation if a bufferyard will not be provided. 3. Some of the Bufferyards on the Concept Plan and the Bufferyard Summary Charts do not match. 1. Lot 3, west bufferyard is required to be a 10’ – B, and is labeled 10’ – C on the Concept Plan, and 5’ – A in the Bufferyard Summary Chart. 4. The parking lot landscape islands are required to contain at least the minimum of the required canopy tree as shown along with shrubs, Case No. Attachment G ZA15-142 Page 18 ground cover, ornamental grasses, seasonal color or a combination of these plant materials. Turf grass is not acceptable vegetation within the parking lot landscape islands. Public Works/Engineering Review General Comments: 1. Please provide an updated traffic impact analysis. Preliminary Utility Comments: 1. No 90º bends, use 2-45º bends. 2. All waterlines to be public and in easements. 3. 12” waterline not on the City’s Master Water Plan, therefore no city participation in upsizing. 4. Any sanitary sewer lines crossing lot lines will need to be public and contained in easements. 5. Extend SS-1 west to property line. 6. Extend SS-4 to west property line. Planning and Zoning Commission Motion for Ordinance No. 480-657a: April 23, 2015; Approved (5-0) subject toSite Plan Review Summary No. 1, dated April 16, 2015, subject to the following: 1. Staff report dated April 17, 2015, approving each of the proposed changes as presented; 2. Noting for the record the applicant’s willingness to get with Commissioner Springer to explore alternate options to the louver window issue and cooling towers; 3. Noting the applicant’s willingness prior to coming to Council to prepare a rendering of the entryway so they can see the difference between the approved two story height versus the twelve foot height that is being proposed; 4. Noting the applicant’s willingness to try to match the proposed entry feature at the front of the hotel with the entry at the conference center entrance. st City Council 1 Reading Motion for Ordinance No. 480-657a: May 19, 2015; Approved (7-0) subject to the staff report dated May 12, 2015 and also the Site Plan Review Summary No. 1, dated April 16, 2015, also noting that all other regulations associated with Zoning Case ZA13-135 shall remain in place and only the revisions to Zoning Case ZA13-135 that are presented this evening and approved will be considered, also noting that prior to the next reading, the applicant will come forward with the following additional information; 1. Regarding the architectural band element that was on the prior site plan, to reintegrate that into the design for an alternative to see again: 2. Regarding the cantilever porte cochere, present additional design options showing less column or masonry features for better visibility into the building or possibly incorporating more columns with the parking island: 3. Bringing forth more information on the proposed polycarbonate material and/or other Case No. Attachment G ZA15-142 Page 19 options for the roofing material. nd City Council 2 Reading Motion for Ordinance No. 480-657a: nd June 2, 2015; Approved at 2 reading (6-0): 1. subject to Staff Report dated May 26, 2015 and Site Plan Review Summary No. 1 dated April 16, 2015; 2. noting that all regulations associated with the zoning case ZA13-135 shall remain in place; 3. revisions to case ZA13-135 are those exhibits presented and approved this evening and those changes indicated in the permitted uses and development regulations for S-P-2 zoning located on Attachment ‘D’, Page 1 of the Staff Report dated May 26, 2015 (See attached in Exhibit B of this ordinance) 4. subject to the material boards presented this evening; 5. noting Council’s approval of spandrel glass with no metal banding; 6. approving Option ‘1’, four-post, polycarbonate roof porte cochere; approving Option ‘1’, polycarbonate conference center awnings to match the porte cochere; and approving Option ‘1’ polycarbonate in the swim/patio area to match the porte cochere and conference center awnings. Site Plan Review Summary No. 1 dated April 16, 2015 The proposed revisions are only to Lot 1 of the Kimball Park Development. All previously approved plans and conditions of approval remain in effect unless specifically revised as part of this request. Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 1. The submitted Development Regulations propose that the western property line adjacent to the multi- family residential lots will be screened with a vegetated screening of: existing plant material, required plantings within the buffer and additional large shrubs and accent trees planted within the bufferyard. There are a significant amount of existing trees and associated vegetation along the west and north property lines. Identify these trees and designate if they will be preserved, removed, considered marginal, and show how the proposed west bufferyard landscaping will be integrated with the existing vegetation. * 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. INTERIOR LANDSCAPE & BUFFERYARDS COMMENTS: 1. The parking lot landscape islands are required to contain at least the minimum of the required canopy tree as shown along with shrubs, ground cover, ornamental grasses, seasonal color or a combination of these plant materials. Turf grass is not acceptable vegetation within the parking lot landscape islands. Case No. Attachment G ZA15-142 Page 20 * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review PRELIMINARY UTILITY COMMENTS: 7. No 90º bends, use 2-45º bends. 8. All waterlines to be public and in easements. 9. 12” waterline not on the City’s Master Water Plan, therefore no city participation in upsizing. 10. Any sanitary sewer lines crossing lot lines will need to be public and contained in easements. 11. Extend SS-1 west to property line. 12. Extend SS-4 to west property line. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer’s Agreement will 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. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Fire Department Review GENERAL COMMENTS: An automatic fire sprinkler system will be required for all commercial structures in excess of 6,000 square feet, with coverage extended into the attic if comprised of combustible construction. (per 2009 I.F.C. Sec. 903.3.1.3 as amended). Also, the restaurants classified as an A-2 occupancy will require an automatic sprinkler system with an occupant load in excess of 100. All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72, the 2009 International Fire Code, and the City of Southlake amendments. Case No. Attachment G ZA15-142 Page 21 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 buildings near access to the riser room. Keys must be provided to access the riser room. The Knox Box can be ordered on the Internet at www.knoxbox.com. A 5 inch Fire Department Connection shall be installed on each building, with a locking Knox cap attached to the FDC to prevent debris from entering the connection. An exterior audible/visual fire alarm device must be installed above the Fire Department Connection on each sprinkled building to indicate when a fire alarm condition is present in the building, or located as near as possible to the FDC, on the building, if the FDC is installed remotely. Approved suite numbers and/or 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, Fire Alarm Panel, Sprinkler Riser and all other pertinent rooms must be labeled with appropriate signage. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. FIRE LANE COMMENTS: Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 300 feet for commercial locations that contain un- sprinkled buildings, and 600 feet for commercial locations that contain completely sprinkled buildings.(If all buildings in the complex are completely sprinkled, then hydrant locations are acceptable except for adding a hydrant at the South entrance into the complex off of the service road of State Highway 114)(If all building are not completely sprinkled, then hydrants will need to be added and relocated to meet requirements). A fire hydrant shall be within 100 feet of each Fire Department Connection, and the Fire Department Connection within 50 feet of fire lane access.(Fire Department Connection locations not indicated on plans). 1. Reserved for conditions of approval of Ordinance No. 480-657b 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. Case No. Attachment G ZA15-142 Page 22 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. 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. Case No. Attachment G ZA15-142 Page 23 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 post 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 if 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 Case No. Attachment G ZA15-142 Page 24 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. st PASSED AND APPROVED on the 1 reading the ______ day of _______, 2016. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _______ day of ______, 2016. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA15-142 Page 25 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA15-142 Page 26 EXHIBIT “A” Being described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 15.518 acres, and more fully and completely described below: Case No. Attachment G ZA15-142 Page 27 Case No. Attachment G ZA15-142 Page 28 EXHIBIT “B” Reserved for approved exhibits Case No. Attachment G ZA15-142 Page 29