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Item 7BCase No. ZA16-057 S T A F F R E P O R T October 26, 2016 CASE NO: ZA16-057 PROJECT: Zoning Change and Site Plan for Southlake Commons EXECUTIVE SUMMARY: Tres Burros, LLC is requesting approval of a Zoning Change and Site Plan for Southlake Commons on property described as Tract 3C, Hiram Granberry Survey, Abstract No. 581 and Tract 1A, Littleberry G. Hall Survey, Abstract No. 686, in the City of Southlake, Tarrant County, Texas and addressed as 130 S White Chapel Blvd, Southlake, Texas. SPIN Neighborhood #10. DETAILS: The project is generally located near the SW corner of W Southlake Blvd and S White Chapel Blvd. The purpose of this item is to receive zoning and site plan approval to rezone an approximately 7.5 acre property from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow construction of three single-story retail commercial buildings and five single-story office buildings totaling 51,638 square feet. Site Data Summary Department of Planning & Development Services Case No. ZA16-057 The three proposed retail commercial buildings are single-story and clad in stucco, brick and stone veneer which meets the Residential and Corridor Overlay standards. Each façade contains a minimum 80% masonry which meets the Masonry Ordinance (the lowest percentage of masonry on any façade is 87%). Building 3 utilizes a drive-thru window on the east façade facing toward First Financial Bank. The five office buildings are single-story and clad in brick and cast stone with a large format brick wainscot designed to simulate the look of stone. Each façade contains 100% masonry. All buildings are single-story and comply with C-2 and O-1 district height regulations. The buildings adjacent to the Stratford Parc neighborhood to the south are designed as 20’ single-story buildings setback 40’ from the property line and comply with the height, setback and 4:1 slope regulations of the Residential Adjacency Overlay per Section 43.13.a.8. VARIANCES REQUESTED: The applicant requests two variances in conjunction with this request: DEVELOPMENT REGULATIONS: The proposed development generally follows the regulations and uses allowed in the “C-2” district with limited retail uses allowed in buildings 1-3 along Southlake Boulevard and “O-1” office uses allowed in buildings 4-8 which are adjacent to residential. Several topics were discussed at the October 20th Planning and Zoning Commission meeting with regard to this proposal, including parking, noise buffering, the function of the drive thru on building 3, and visual buffering of the parking lot and trash enclosure along Southlake Blvd. The following chart summarizes the action items in the Planning Commission’s motion and the applicant’s response to those items: Current Regulation Request Subdivision Ordinance No. 483, as amended, Section 8.01A, Every lot shall abut on a public street or a private street. Variance allowing relief from the Subdivision Regulation that all lots have frontage on a public street, provided Common Access Easements are implemented, allowing permanent and proper access to all lots. Driveway Ordinance No. 634, Section 5.2.d, A driveway shall require a minimum 100’ of stacking distance if the average number of parking spaces per driveway falls within 50 and 199 parking spaces and the total amount of parking exceeds 200. Variance to Driveway Ordinance No. 634, as amended, Section 5.2(d) regarding stacking depth, to a minimum 77’, for the entrance from FM-1709/Southlake Blvd., and to allow the site to be served by the existing drives to and from the adjacent properties. Case No. ZA16-057 ACTION ITEM APPLICANT’S RESPONSE Evaluate removing a potential number of parking spaces to enhance the site’s green spaces and landscape/noise buffer. Parking regulation revised to 1 space per 135 square feet (total parking unchanged). Additional landscape in several places to enhance the green spaces. Patios will not be shown on the southern sides of lots 1 and 2. The plan only shows patios between Buildings 1 & 2 (East and West sides), and the eastern side of Building 2. An enhanced landscaping will be considered on the eastern side of lot 2. Considerable plant material has been added in this area. The triangle shaped open space piece on the site will be evaluated for additional landscaping to enhance the noise buffer A significant number of additional trees have been added to this area. The applicant will be willing to take over repair and maintenance of the fence on the southern boundary of the site. Agreed. Evaluate a berm or landscaping in front of the parking spaces that are on the southern side of 1709 directly. As there are existing trees we are trying to save in that area, we feel a berm would not be advisable, however, we have added several trees in that area to the Landscape Plan, and there is also a continuous evergreen hedge which will be planted to screen the parking. Evaluate enhanced landscaping around the dumpster area that fronts 1709. Several evergreen “Nellie R. Stevens” hollies, which will grow to at least the height of the screen wall, have been added in front of that dumpster enclosure, to complement the screening hedge along its perimeter. Evaluate the drive thru regulations and tighten up those regulations accordingly. The Development Regulations have been revised to clear up exactly what is allowed and not allowed in the building using the drive-thru facility. Reducing the permitted uses under O-1 zoning by eliminating “call centers”. This regulation has been added to the Development Regulations. Reducing the permitted uses under C-2 zoning per Planning Commission’s motion Each of these uses has been added to the Regulations as “not allowed” uses. Case No. ZA16-057 The applicant has proposed the following regulations to govern the proposed “S-P-1” district: Development Regulations This property shall be subject to the development regulations for the “C-2”, Local Retail Commercial District, and all other applicable regulations with the following exceptions: 1) The following C-2 uses shall not be allowed: a. Antique Shops; b. Business Colleges or Private Schools; c. Cigar or Tobacco Stores; d. Dancing Schools; e. Day Nurseries; f. Dog and Cat Hospitals or Small Animal Hospitals; g. Dry Goods or Notion Stores; h. Duplicating Services for Printing and Lithographing; i. Frozen Food Lockers for Individual or Family Use; j. Grocery Stores and/or Meat Markets; k. Radio and Television Sales and Servicing; l. Shoe Repair Services; m. Gun Sales and Repair Stores; n. Tires, Batteries and Automotive Accessory Sales; o. Variety Stores; 2) A drive-thru facility shall be allowed, on Lot 3 as indicated on the Site Plan, and shall service a Coffee/Beverage type establishment, or – with SUP approval – a “Fast Casual” type restaurant. By way of example but not limited to this list, the following restaurant brands are considered “Fast Casual”: Corner Bakery, Panera Bread, Jason’s Deli, Chipotle Mexican Grill, La Madeleine, and Red Robin. No “Fast Food” establishments shall be allowed. By way of example, but not limited to this list, the following restaurant brands are considered fast food: McDonald’s, Wendy’s, Burger King, Whataburger, KFC & Taco Bell. 3) Lots 4, 5, 6, 7 & 8 are limited to the “O-1 Office” Permitted Uses, with the following exceptions, which are not allowed: a. Banking b. Billpaying services; c. Employment services; d. Radio and Television Broadcasting Studios requiring any outside antenna towers; e. Savings and Loan; f. Duplication and Mailing Services; g. Travel Bureaus; h. Call Centers; 4) Minimum Front Building Setbacks a. Along Southlake Blvd. shall be forty-five (45’) feet. b. Along S. White Chapel Blvd. shall be thirty (30’) feet. Case No. ZA16-057 5) Minimum Side Building Setbacks shall be fifteen (15’) feet, except that setbacks along internal property lines shall not be required. 6) Minimum Rear Buildings Setbacks shall be fifteen (15’) feet, except that setbacks along internal property lines shall not be required. 7) In addition, a Minimum Building Setback from any property currently zoned as Single-Family Residential, shall be forty (40’) feet. 8) Buffer Yards along internal lot lines shall not be required. 9) The maximum impervious coverage for the overall “SP-1” boundary shall be 70%; however, the maximum impervious coverage requirement shall not apply to individual lots within the boundary. 10) A shared parking, cross-access easement and shared maintenance agreement shall be required. Required parking for all built uses shall be provided within the “SP-1” boundary; parking requirements for individual lots shall not apply. 11) Parking Space Requirements: All Uses: One (1) space for each one-hundred thirty-five (135) square feet of Net Leasable area. 12) Maximum Building Height: Buildings on Lots 4, 5 & 6 are restricted to one story, and shall not exceed twenty-five (25’) feet in height. 13) Dumpster Enclosure Location: Dumpster enclosures shall be permitted as shown on the Site Plan. 14) Patio Shade Structures (e.g. Pergola or Trellis) on the patio areas adjacent to buildings on Lots 1 & 2, as indicated on Site Plan, shall be allowed to overlap the internal lot boundary. Case No. ZA16-057 To date, opposition has been received in excess of 20%. If approved at 1st reading, this application would require a vote in favor by a supermajority of Council for 2nd reading approval. ACTION NEEDED: 1. Consider 1st Reading Approval of Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 4, dated October 26, 2016 (D) Surrounding Property Owners Map Link to Property Owner Responses (E) Ordinance No. 480-721 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative and “S-P-1” Regulations Link to Plans Page 1 - Site Plan Pages 2-7 - Building Elevations and Renderings Page 8 - Landscape Plan Page 9 - Tree Conservation Plan Link to Traffic Impact Analysis Link to TIA Review Comments Link to Noise Assessment Link to SPIN meeting report Link to 2035 Corridor Committee Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 David Jones (817) 748-8070 Case No. Attachment A ZA16-057 Page 7 BACKGROUND INFORMATION OWNER: Gloria Lechler Trust, et al APPLICANT: Tres Burros, LLC PROPERTY SITUATION: Located near the SW corner of W Southlake Blvd and S White Chapel Blvd and addressed as 130 S White Chapel Blvd. LEGAL DESCRIPTION: Tract 3C, Hiram Granberry Survey, Abstract No. 581 and Tract 1A, Littleberry G. Hall Survey, Abstract No. 686, in the City of Southlake, Tarrant County, Texas, approx 7.5 acres LAND USE CATEGORY: Office Commercial CURRENT ZONING: “O-1” Office District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with limited “C-2” and “O-1” uses HISTORY: - The property was annexed into the Town of Southlake in 1956 as “AG” (Ord. No. 041). - The "O-1" Office District zoning was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. - A Plat Showing for Lot 4, H. Granberry No. 581 Addition for Southlake Baptist Church adjacent to this property was approved in February 1994 (ZA93-87). - A Preliminary Plat which included this lot under the name Medical Villas at Taylor Creek was approved by City Council October 2007 (ZA07-057). - A Final Plat for Lots 1 & 2, Block 1, Medical Villas at Tuscan Creek adjacent to this property was approved by the Planning and Zoning Commission February 2009 (ZA07-155). - A Final Plat of Tract 3C01 in the Hiram Granbury Survey for Lot 1, Block 1, First Financial Bank adjacent to this property was approved by City Council October 2010 (ZA10-038). SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Office Commercial which is defined in the Southlake 2030 plan as follows: OFFICE COMMERCIAL Purpose and Definition: “The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office-related activities. It is established for and will be allocated to those districts Case No. Attachment A ZA16-057 Page 8 best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories”. The applicant is proposing a change to Retail Commercial for retail commercial portion of the property (Lots 1, 2 & 3). Retail Commercial is defined in the Southlake 2030 plan as follows: RETAIL COMMERCIAL Purpose and Definition: “The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed.” Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing multi-use trail along W Southlake Blvd adjacent to the site and a future sidewalk along S White Chapel Blvd adjacent to the site. The applicant proposes a connection from the multi-use path to Lot 3 and a 5’ extension of the sidewalk along White Chapel with a connection to Lot 8. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site has direct access to W Southlake Blvd, an A6D arterial with a minimum 130’ to 140’ of right of way and indirect access to S White Chapel Blvd, an A2U arterial with a minimum 88’ of right of way. No right of way is proposed to be dedicated with this development. Retail Commercial Case No. Attachment A ZA16-057 Page 9 F.M. 1709/Southlake Blvd (17) (Between White Chapel and Shady Oaks) 24hr West Bound (25,385) East Bound (27,182) AM Peak AM (1456)11:45AM–12:45PM Peak AM (2887) 7:00-8:00 AM PM Peak PM (2638) 4:45-5:45PM Peak PM (1825)1:00-2:00PM White Chapel Blvd (57) (Between F.M. 1709 and Continental) 24hr North Bound (4,724) South Bound (4,857) AM Peak AM (561)7:30AM–8:30PM Peak AM (315) 7:30-8:30AM PM Peak PM (354) 5:00–6:00PM Peak PM (484)4:15–5:15PM * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was submitted for this project. Link to TIA Link to TIA Review Letter TREE PRESERVATION: There is approximately 6.3% existing tree cover on the site. Tree Preservation Ordinance 585-D requires that 70% of the existing canopy be preserved. The applicant has submitted a Tree Conservation Plan that shows preservation of 75.16% of existing tree cover with an additional 5.11% shown as marginal. 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. 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. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. Case No. Attachment A ZA16-057 Page 10 UTILITIES: Water There is an existing 12” water line along Southlake Blvd that will serve this property. Sewer There is an existing 8” sanitary sewer line along the south property line that will serve this property. DRAINAGE: Drainage with generally sheet flow south and west to storm inlets proposed on the property and from there be piped to the existing facility on the Villas of Tuscan Creek property. CITIZEN INPUT: A SPIN meeting was held on July 26, 2016 (SPIN16-20) Link to SPIN Report This proposal was presented at the March 21, 2016 Corridor Planning Committee meeting Link to Corridor Committee Report PLANNING AND ZONING COMMISSION ACTION: October 20, 2016; voted 4-0 to recommend approval of this item subject to Staff Report dated October 14, 2016 and Site Plan Review Summary #3 dated October 14, 2016 specifically granting the two variances noted within the staff report and also noting the following:  Noting the applicant’s willingness to evaluate removing a potential number of parking spaces to enhance the site’s green spaces and landscape/noise buffer;  Patios will not be shown on the southern sides of lots 1 and 2;  An enhanced landscaping will be considered on the eastern side of lot 2;  The triangle shaped open space piece on the site will be evaluated for additional landscaping to enhance the noise buffer;  The applicant will be willing to take over repair and maintenance of the fence on the southern boundary of the site;  The applicant’s willingness to evaluate a berm or landscaping in front of the parking spaces that are on the southern side of 1709 directly;  Applicant’s willing ness to evaluate enhanced landscaping around the dumpster area that fronts 1709;  Applicant’s willingness to evaluate the drive thru regulations and tighten up those regulations accordingly;  Reducing the permitted uses under O-1 zoning by eliminating “call centers”;  Also reducing the permitted uses under C-2 zoning by eliminating permitted use #3 “Antique shops”, #8 “Business colleges or private schools”, #9 “Cigar or tobacco stores”, #13 “Dancing schools”, #14 “Day nurseries”, #16 “Dog and cat hospitals or small animal hospitals”, #18 “Dry goods and notion stores”, #19 “Duplicating services for printing and lithographing”, Case No. Attachment A ZA16-057 Page 11 #22 “Frozen food lockers for individual or family use”, #23 “Grocery stores and/or meat markets without size limitations”, #29 “Radio and television sales and servicing”, #31 “Shoe repair services”, part of #32 referencing “gun sales and repair”, #34 “Tires, batteries and automotive accessory sales” and #35 “Variety stores”. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated October 26, 2016 Criteria for variance from the Subdivision Ordinance: Sec. 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which specifically apply to Planned Unit Development. Variance Approval Criteria for Driveway Ordinance No. 634, Article 8.2: Variances – The City Council shall have the authority to grant a variance to this ordinance. 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 that 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. Case No. Attachment A ZA16-057 Page 12 General Development Standards Applies? Comments Overlay Regulations Yes Subject to requirements of Residential Adjacency Overlay Building Articulation Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43 Requirement Met Masonry Standards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43 Requirement Met Impervious Coverage Yes Not to exceed 70% of total lot area per proposed “S-P-1” regulations Requirement Met Bufferyards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 42 Requirement Met along perimeter boundaries. Not required on internal lot boundaries per proposed S-P-1 Regulations Interior Landscape Yes Subject to requirements of Landscape Ordinance No. 544-B (Section 3.3) Requirement Met Tree Preservation Yes Subject to requirements of Tree Preservation Ordinance No. 585-D Requirement Met Sidewalks Yes Required per Pathways Master Plan Existing >8’ sidewalk along Southlake Blvd. Proposed <8’ sidewalk along S White Chapel Blvd Case No. Attachment B ZA16-057 Page 1 Case No. Attachment C ZA16-057 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA16-057 Review No.: Four Date of Review: 10/26/16 Project Name: Zoning Change and Site Plan – Southlake Commons APPLICANT: James C. Shindler OWNER: John Stephen (Steve) Church Tres Burros, LLC Gloria Lechler Trust, et al 260 Miron Dr, Ste 108 4116 H.C. Meacham Blvd Southlake, Texas 76092 Fort Worth, Texas 76135-9574 Phone: 817-552-7778; Fax: 817-552-7788 Phone: 817-707-6855; Fax: 888-702-6844 Email: Jim@ConiferRE.com Email: stvfwt@aeiwireless.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/25/16 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 THE APPROPRIATE STAFF MEMBER. Planning Review David Jones, AICP Principal Planner Phone: (817) 748-8070 Email:djones@ci.southlake.tx.us 1. Per Subdivision Ordinance No. 483, as amended, Section 8.01A, every lot shall abut on a public street or a private street. (A variance has been requested) 2. Driveway Ordinance No. 634, Section 5.2.d, A driveway shall require a minimum 100’ of stacking distance if the average number of parking spaces per driveway falls within 50 and 199 parking spaces and the total amount of parking exceeds 200. (A variance has been requested) 3. Due to height restrictions imposed by the Residential Overlay, staff recommends amending regulation 12 to say that buildings on Lots 4, 5 & 6 are restricted to one story, and shall not exceed twenty (20’) feet in height. 4. Per Section 33.6.c, a roof eave may project no further than 30” into a required yard. Provide a calculation showing the encroachment on the south office building face into the 40’ rear yard. 5. Per comment #1 under “Landscaping Comments” below, staff recommends including a regulation in the S-P-1 document which states that distribution of interior landscaping shall be as shown on the approved site plan. _________________________________________________________________________________ Case No. Attachment C ZA16-057 Page 2 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The development is proposed to be zoned SP-1 but the existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is approximately 6.30% of existing tree cover on the site and a minimum of 70% is would be required to be preserved. 24.84% of the existing tree cover is proposed to be either removed or as marginal, and 75.16% is proposed to be preserved. 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. 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% 20.1 – 40% 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. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; Case No. Attachment C ZA16-057 Page 3 iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to 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. A minimum of 75% of all required interior landscape area and plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards and a portion thereof shall be placed adjacent to the building where practical. * Upon submission to obtain a Building Permit, the proposed Landscape Plan must be prepared by a Registered Landscape Architect. * Lot 5 is deficient 142 square feet in provided interior landscape area, but other lots have additional landscape area provided above the minimum required. * Existing tree credits are proposed to be taken for some of the required bufferyard and interior landscape canopy trees. Please ensure that all existing tree taken credits for are in healthy condition and can be properly preserved throughout the construction process. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. * Indicates informational comment. # Indicates required items comment. _________________________________________________________________________________ Public Works/Engineering Review Om Gharty Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment C ZA16-057 Page 4 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Shared driveway access agreement with adjoining properties shall be in place. 3. Refer to TIA review comments by Lee Engineering on TIA study. * Construction within FM 1709 right of way shall require a permit from TxDOT. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 WATER, SANITARY SEWER AND DRAINAGE COMMENTS: 1. The proposed dumpsters encroaches the drainage/sewer/water easements. An encroachment agreement shall be in place before the final acceptance of the project. Any permanent structure within easement will require an agreement. * Based on review and research, it was found that the report prepared by Aqua Terra for Medical Villas at Taylor Creek analyzed the fully developed condition of the watershed and sized the downstream facilities to accept and convey the fully developed flows. Therefore, the requirement of detention is waived. * 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 1” inch meter must have a 1” tap, etc. * Fire lines shall be separate from service lines. * All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. Cement treated sand (CTS) backfill above the public utilities and underneath the proposed pavement applies. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. * Property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning construction. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. Case No. Attachment C ZA16-057 Page 5 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. * Improvements within TxDOT Right of way requires TxDOT approval. * 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. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. _________________________________________________________________________________ Community Services Review Peter Kao Construction Manager Phone: (817) 748-8607 E-mail: pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development. If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in the amount of $8000 per gross acre x 7.501 acres= $60,008.00 will be required. Fees will be collected with the approved developer’s agreement and prior to any permit being issued. Pathway Comments: If grading and clearances allow, recommend providing a back-of-curb pathway along the west side of the Southlake Boulevard entrance in lieu of east side of entry to eliminate a crosswalk. Pathway Case No. Attachment C ZA16-057 Page 6 connection to Building 5 not clearly shown at peninsula. 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. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. _________________________________________________________________________________ General Informational Comments: * 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. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * This development must comply with Residential Adjacency and Corridor Overlay Regulations, Section 43. * 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. * Denotes Informational Comment Case No. Attachment D ZA16-057 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. 321 SOUTHLAKE BLVD REAL ESTATE O1 301 W SOUTHLAKE BLVD 0.128 NR 2. ATCC INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 0.272 NR 3. BICENTENNIAL FIN CENTER LP SP2 250 W SOUTHLAKE BLVD 1.166 NR 4. DAVIS, KEITH SF20A 101 LONDONBERRY TER 0.514 O 5. FIRST AMERICAN SAVINGS BANC SP2 222 W SOUTHLAKE BLVD 1.168 NR 6. FIRST FINANCIAL BANK O1 151 W SOUTHLAKE BLVD 1.619 NR 7. GHIA, JAYESH SF20A 124 LONDONBERRY TER 0.512 O 8. HOFFMAN, HOLLY L SF20A 100 LONDONBERRY TER 0.909 O 9. IMAN, ASHER S O1 301 W SOUTHLAKE BLVD 0.160 NR 10. KESTER, PAIGE A SF20A 116 LONDONBERRY TER 0.197 O 11. LAW, TIFFANY SF20A 105 LONDONBERRY TER 0.482 O 12. LECHLER, GLORIA ETAL O1 130 S WHITE CHAPEL BLVD 0.474 F 13. LUTHY, ROBERT E SF20A 104 LONDONBERRY TER 7.345 O 14. MAHALO INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 0.460 NR 15. MAHALO INVESTMENTS LLC O1 301 W SOUTHLAKE BLVD 0.343 NR 16. MURPHY, TYLER C SF20A 108 LONDONBERRY TER 1.628 O 17. NMEM LTD SP1 190 S WHITE CHAPEL BLVD 0.478 NR 18. O'DONNELL, PETER SF20A 120 LONDONBERRY TER 0.950 O 19. PARKHILL & WRIGHT LLC O1 301 W SOUTHLAKE BLVD 0.472 NR 20. PARKHILL & WRIGHT LLC O1 301 W SOUTHLAKE BLVD 0.136 NR 21. RAI, ROHIT SF20A 300 SIR JOHNS CT 0.457 O Case No. Attachment D ZA16-057 Page 2 22. SIMON, ANDREA H SF20A 109 LONDONBERRY TER 0.547 O 23. SOUTHLAKE, CITY OF CS 300 W SOUTHLAKE BLVD 10.292 NR 24. STEDKE REVOCABLE TRUST SF20A 112 LONDONBERRY TER 0.493 O 25. SUNTREE STATION LLC SP2 110 W SOUTHLAKE BLVD 0.903 NR 26. SUNTREE STATION LLC SP2 100 W SOUTHLAKE BLVD 7.735 NR 27. TY SHAFER DDS PA O1 301 W SOUTHLAKE BLVD 0.259 NR 28. WHITE'S CHAPEL CEMETERY CS 121 S WHITE CHAPEL BLVD 1.724 NR 29. WHITE'S CHAPEL METH CH CS 185 S WHITE CHAPEL BLVD 24.382 NR 30. Superintendent of Carroll ISD NR 31. Superintendent of Grapevine Colleyville ISD NR 32. Superintendent of Northwest ISD NR 33. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Nine (29) Responses Received: Eleven (11) Opposed; One (1) In Favor Link to Property Owner Responses Case No. Attachment D ZA16-057 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-721 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 3C, HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581 AND TRACT 1A, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, APPROXIMATELY 7.5 ACRES FROM “O-1” OFFICE DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “C-2” LOCAL RETAIL COMMERCIAL DISTRCT AND “O-1” OFFICE DISTRICT USES 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 lo cation 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 Case No. Attachment D ZA16-057 Page 4 WHEREAS, the hereinafter described property is currently zoned as “O-1” Office 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 station ary 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 a nd 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 suitabil ity 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 Case No. Attachment D ZA16-057 Page 5 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 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 prop erty 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 Case No. Attachment D ZA16-057 Page 6 be altered, changed and amended as shown and described below: Case No. Attachment D ZA16-057 Page 7 Case No. Attachment D ZA16-057 Page 8 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 estab lished 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. Case No. Attachment D ZA16-057 Page 9 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 civi l and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a Case No. Attachment D ZA16-057 Page 10 public hearing thereon at least fifteen (15) days before the second read ing 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 newspaper one tim e within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 1ST day of November 2016. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 15th day of November 2016. ________________________________ MAYOR Case No. Attachment D ZA16-057 Page 11 ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment D ZA16-057 Page 12 EXHIBIT “A” Being a tract of land out of the Hiram Granberry Survey, Abstract No. 581 and the L. Hall Survey, Abstract No. 686 and situated in the City of Southlake, Tarrant County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in June of 2016, said tract being a portion of the same tract of land described in the deed to Gloria Jeanne Lechler, John Stephen Church and Niley Monroe Church recorded in Volume 9779, Page 2371 in the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch "MILLER 5665" capped steel rod set in the southerly right-of-way line of Southlake Boulevard (F.M. 1709), said rod being the northwest corner of Lot 1, Block 1, First Financial Bank Addition, an addition to the City of Southlake, Texas according to the plat thereof recorded as Document No. D210267208 in the Plat Records of Tarrant County, Texas; Thence South 07 degrees 42 minutes 47 seconds East with the westerly boundary line of said Lot 1 a distance of 247.31 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the southwest corner thereof; Thence South 89 degrees 00 minutes 00 seconds East with the southerly boundary line of said Lot 1 a distance of 242.93 feet to a 5/8 inch steel rod with cap stamped “MSI RPLS 4224” found for the southeast corner thereof, said rod being in the westerly right-of-way line of White’s Chapel Road and also being in a curve to the right with a radius of 546.50 feet and whose chord bears South 09 degrees 54 minutes 36 seconds West at 145.06 feet; Thence southerly with said westerly right-of-way line and with said curve along an arc length of 145.49 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 1146.50 feet and whose chord bears South 17 degrees 52 minutes 00 seconds West at 13.21 feet; Thence southerly continuing with said westerly right-of-way line and with said curve along an arc length of 13.21 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the northerly boundary line of Lot 4, H. Granberry No. 581 Addition, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 1628 of said Plat Records; Thence South 89 degrees 35 minutes 20 seconds West with said northerly boundary line a distance of 292.98 feet to a 3/4 inch steel rod found for the northwest corner of said Lot 4; Thence South 00 degrees 00 minutes 23 seconds West with the westerly boundary line of said Lot 4 a distance of 150.19 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the southwest corner of said Lot 4, said rod being in the northerly boundary line of Stratfort Parc, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 9334 of said Plat Records; Thence South 89 degrees 31 minutes 45 seconds West with the northerly boundary line of said Stratfort Park a distance of 518.91 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 00 degrees 36 minutes 37 seconds West, passing at 1.13 feet a 1/2 inch steel rod found for the southeast corner of Lot 2, Block 1, Medical Villas at Tuscan Creek, an addition to the City of Southlake, Texas according to the plat thereof recorded as Document No. D210020733 of said Plat Records and continuing with the easterly boundary line thereof a total distance of 449.18 feet to a 1/2 inch capped steel rod found for the northeast corner of said Lot 2, said rod being in said southerly right-of-way line of Southlake Boulevard; Case No. Attachment D ZA16-057 Page 13 Thence North 81 degrees 10 minutes 10 seconds East with said southerly right-of-way line a distance of 53.09 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 77 degrees 08 minutes 35 seconds East continuing with said southerly right-of-way line a distance of 386.97 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 82 degrees 41 minutes 48 seconds East continuing with said southerly right-of-way line a distance of 141.01 feet to the point of beginning and containing 7.501 acres of land, more or less. Case No. Attachment D ZA16-057 Page 14 EXHIBIT “B” Reserved for City Council approved plans