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Item 6A 13 r ITY OF S0UTHLA1<.,,,E Department of Planning & Development Services STAFF REPORT November 8, 2016 CASE NO: ZA16-095 PROJECT: Specific Use Permit for The Parkview Residences EXECUTIVE SUMMARY: Cooper&Stebbins is requesting approval of a Specific Use Permit for residential lofts in the Southlake Town Square "DT" Downtown District for The Parkview Residences to extend the current approval allowing the construction of 36 residential lofts in a five- story building on property described as Lot 4, Block 4R1, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way, Southlake, Texas. The current zoning is "DT" Downtown District. SPIN Neighborhood #8. REQUEST DETAILS: A Specific Use Permit(SUP)for residential lofts for The Residences was approved by City Council on November 19, 2013 to allow the construction of 38 residential lofts in a five-story building. An SUP expires within six (6) months of approval if the use or construction of the use is not commenced. The approval extended the expiration date of the SUP from six(6) months to twenty-four(24) months to allow an expiration date of November 19, 2015. City Council approved a revision of the original SUP approval to extend the expiration date from November 19, 2015 to November 20, 2016 and to increase the maximum height from approximately 52'4"to approximately 59'3"on October 20,2015.The unit count was reduced from 38 to 36 residences with that request. The current request is to receive approval to extend the expiration date for the currently approved residential lofts from November 20, 2016 to January 31, 2017 if a building permit is not issued and construction begun by that date. All other previous conditions of approval of the SUP in terms of the percentage of Garden District Brownstones sold and the percentage of The Residences presold prior to commencement of construction of The Residences are proposed to remain. A summary of the project is below: Case No. ZA16-095 Pagel Current Proposed SUP Permit Expires Nov. 20, 2016 Expires Jan. 31, 2017 Max. Building Height 59' 3" 59' 3" # of Units 36 36 Presold Units Required 18 18 Garage Parking Spaces 72 72 Required (2 per unit) Garage Parking Spaces 72 72 Provided* * On-street visitor parking is unchanged —22 spaces provided. VARIANCES REQUESTED: 1. The maximum height allowed in the"DT"district for buildings more than 1000'from E. S.H. 114 is 52'. The applicant is requesting a variance to allow a maximum height of approximately 59' 3". Approximately 1/4 of the southern portion of the building is outside of the 11000 foot distance from SH114.Approximately 3/4 of the northern portion of the building is within the 1,000 foot distance from SH 114 which would allow a maximum height of 90 feet. 2. A Specific Use Permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of granting the Specific Use Permit. The applicant is requesting an expiration date of January 31, 2017. ACTION NEEDED: 1) Conduct a Public a Hearing 2) Consider approval of a Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map and Responses (D) Resolution No. 16-053 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Extension Request Letter STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA16-095 Page 2 BACKGROUND INFORMATION OWNER: Slts Grand Ave., LP APPLICANT: Cooper & Stebbins PROPERTY SITUATION: 1471 Federal Way LEGAL DESCRIPTION: Lot 4, Block 4R1, Southlake Town Square, Phase I LAND USE CATEGORY: Town Center CURRENT ZONING: "DT" Downtown District HISTORY: Key approvals associated with Southlake Town Square and residential development in Town Square: January 7, 1997(ZA96-145): Original "PUD"Zoning &Concept Plan approved for Southlake Town Square; August 19, 1997(ZA97-099 and ZA97-100): Southlake Town Square Phase I Development Plan and Site Plan approved; February 4, 2003(ZA02-104); "DT" Downtown District Zoning &Concept Plan was approved; April 1, 2003 (ZA03-013) Specific Use Permit for the Brownstone residential units was approved. September 7, 2004(ZA04-057) Preliminary Plat for Block 22, Southlake Town Square was approved. This area has been designated as open space by the approved concept plan, development plan and the previous preliminary plat and has been intended to be dedicated to the City for use as a park. The purpose of this plat is to subdivide the block into two lots so that a final plat may be approved and recorded for the dedication and conveyance of approximately 2 acres of the future 6 acre park in connection with the residential "Brownstone" project. The final platting of the remaining 4 acres is being deferred awaiting further development of the Town Square project. October 5, 2004 (ZA04-066 &ZA04-067): Revised Concept Plan & Site Plan for Southlake Town Square's Grand Avenue District was approved; September 6, 2005 (ZA05-075): Revised Concept Plan for the purpose of relocating open space/park land from Block 22 (3.78 acres open space removed)to Block 19(2.80 acres open space provided) was approved,which left a shortfall of 0.98 acres of open space. At the time of approval, Cooper& Stebbins was reviewing appropriate potential new park areas in Blocks 11 and 20 and planned to designate new park space in one or both of these blocks, having a combined area of not less than 0.98 acres. July 17, 2007 (ZA07-050): Zoning Change and Revised Concept Plan for the purpose of changing the block configurations and realigning Division and State Streets to accommodate the proposed DPS Central Facility. This plan also Case No. Attachment A ZA16-095 Page 1 relocates open space from the north side of Division Street to the south side directly adjacent to McPherson Park. This relocation results in 0.51 acres of park land being added to McPherson Park. The applicant requested a 0.44 acre open space reduction from the currently approved concept plan, but City Council denied the request and approved the item with the following stipulations: 1) The City will retain 0.44 acres of open space with location to be determined later; 2) Requiring a schematic for the open space to be brought before Council prior to the final approval of the block north of the Brownstones; 3) Requiring the open space north of the Brownstones to be open to the public. May 3, 2011; (ZA10-068) A text amendment to Section 37 ("DT" Downtown District) of Zoning Ordinance No. 480, as amended, creating new definitions for "Garden District" and "Garden District Residences" as well as providing additional development regulations for such development was approved. May 3, 2011; (ZA10-069) A revised Concept Plan for the Garden District, including 130 Garden District Residences and 10 Brownstones,was approved. November 19, 2013; (ZA13-011) A revised Concept Plan for the Garden District and Brownstones Phase C to allow construction of 60 Garden District Residences and 33 Brownstones for a total of 93 residential units on approximately 7.472 acres was approved. November 19, 2013; (ZA13-012) A Preliminary Plat for Southlake Town Square Garden District and Brownstones Phase C to develop 60 Garden District residential units and 33 Brownstones was approved. November 19, 2013; (ZA13-053) A Specific Use Permit (SUP) for the Brownstones, which includes portions of Phase B, Phase C and the Garden District to develop 33 Brownstones on approximately 4.89 acres was approved. November 19, 2013; (ZA13-054)A Specific Use Permit (SUP) for residential lofts in the Southlake Town Square "DT" Downtown District for The Residences to allow the construction of 38 residential lofts in a five-story building on an approximately 0.60 acre lot was approved allowing for a period of 24 months before commencing construction of the use. September 15, 2015; (ZA15-094)A Specific Use Permit(SUP)for residential lofts in the Southlake Town Square"DT" Downtown District,which proposed a revision of the previous SUP approval to extend the expiration date from November 19, 2015 to March 31, 2016 and to increase the maximum height from approximately 52' 4" to approximately 59' was denied by City Council. October 20, 2015; (ZA15-107)A Specific Use Permit(SUP)for residential lofts in the Southlake Town Square "DT" Downtown District, which proposed a revision of the previous SUP approval to extend the expiration date from November 19, 2015 to November 20, 2016 and to increase the maximum height from approximately 52'4"to approximately 59' 3"was approved by City Council (Option 1). Case No. Attachment A ZA16-095 Page 2 October 20, 2015; (ZA15-108)A Specific Use Permit(SUP)for residential lofts in the Southlake Town Square "DT" Downtown District, which proposed a revision of the previous SUP approval to extend the expiration date from November 19, 2015 to November 20, 2016 was denied by City Council (Option 2). SOUTHLAKE 2030 PLAN: Consolidated Land Use Plan The "Town Center' definition in the 2030 Land Use is as follows: The Town Center land use designation is intended to enhance and promote the development of the community's downtown. The goal is to create an attractive, pedestrian-oriented environment that becomes the center of community life in Southlake. It may include compatibly designed retail, office, cultural, civic, recreational, hotel and residential uses. All uses shall be developed with a great attention to design detail and will be integrated into one cohesive district or into distinct sub-districts, each with its own unique characteristics. A mix of different uses is encouraged to create a vibrant, lively, and unique environment. The"Town Center'designation provides the following guidelines for residential uses: • Residential uses are to be located between the proposed office or retail uses and existing residential neighborhoods. These uses are intended to provide a lower intensity transition between existing neighborhoods and commercial uses. • Residential uses should be well integrated with proposed open space and other civic uses to create a sense of place. • They should also be integrated with proposed commercial uses in a manner that provides internal automobile and pedestrian access to convenience commercial uses. • Residential uses are recommended to be to the density and scale that is appropriate based on the context and character of the proposed overall development. TRANSPORTATION ASSESSMENT: Traffic Impact: Residential Condominium/Townhouse Use (ITE#230) Use Units Vtpd* AM-IN AM-OUT PM-IN PM-OUT APPROVED (Garden District and Brownstones 131 768 10 48 47 25 Phase C + Block 4R1) APPROVED (Garden District 93 545 7 34 33 18 and Brownstones Phase C ) Case No. Attachment A ZA16-095 Page 3 PROPOSED 36 204 3 13 12 7 (Block 4R1) PROPOSED (Garden District and Brownstones 129 749 10 47 45 25 Phase C + Block 4R1 Net Difference -2 - 19 0 -1 -2 0 Vehicle Trips per Day PATHWAYS MASTER PLAN: The Pathways Plan shows no specific improvements adjacent to this site.A 6' sidewalk is shown along Central Ave. and Federal Way adjacent to the site. WATER & SEWER: All necessary public water and sewer infrastructure are currently in place for this development. TREE PRESERVATION & LANDSCAPE: There are no existing trees on the site except those that the developer has planted. There are no changes to the landscape plan from the plan that was previously approved in 2013. CITIZEN INPUT: Two SPIN meetings were held with the original request in 2013.The first SPIN meeting was held Monday, February 11, 2013. And a second SPIN meeting was held Monday, June 10, 2013. No SPIN meeting was held forthis request. PLANNING AND ZONING COMMISSION ACTION: November 3, 2016; Approved (6-0) subject to the staff report dated October 28, 2016 and granting the variances contained therein. STAFF COMMENTS: Due to the limited scope of the request, a review summary was not prepared for this item. The motions from the previous SUP approvals of The Residences on November 19, 2013 and October 20, 2015 are included below for reference: November 19, 2013;Approved (4-3)subject to Site Plan Review Summary No. 4, dated November 12, 2013 and with the following stipulations: noting residential lofts will be single family residences and subject to the applicant's presentation to Council this evening; noting construction will not begin until a minimum of 55% sales threshold of the Garden District Brownstones—each lot sale must be confirmed by a certification from the Title Company of record, including certification as to the associated homebuilding contract. To qualify, each sold Brownstone lot must have a poured concrete slab and a water connection. As the Brownstones are being built in "pods" of typically 3 Brownstones each, any "Spec" Brownstones (including a model home) would be able to be counted toward the sales requirement. A Spec Brownstone is defined as a Brownstone under construction but not sold to the end buyer. If lots are combined for a larger customer Brownstone, each original lot will count toward the sales requirement so that the 55%threshold is always measured against the 33 lots; The Residences pre-sale threshold— each pre-sale must be certified by the Title Company of record as firm and Case No. Attachment A ZA16-095 Page 4 binding contracts and should be bona fide arm's length and to third parties with non-refundable deposits. If condominium homes are combined for a larger residence, each original condominium home will count toward the sales requirement so that the 50%threshold is always measured against the original 38 condominium homes;approving variance request that may exist for building height exceeding in one corner of the building the 52' limitation; approving variance to Section 45.4(b) regarding expiration of SUP from six months to twenty-four (24) months; and acknowledging applicant's west building elevations and presentations regarding the garage door descriptions, building materials and colors with the brick materials on the first level and masonry stucco on levels above on the western elevation. October 20, 2015;Approved (4-2)subject to the staff report dated October 13, 2015 and Site Plan Review Summary No. 2 dated October 13, 2015, and granting the following variances: 1 . allowing a maximum height of approximately 59-feet 3-inches, rather than the 52-feet maximum height allowed in the "DT" district for buildings more than 1 ,000-feet from East SH 114; 2. extending the SUP to November 20, 2016, with the same stipulations regarding the 55% sales threshold of the Garden District Brownstones and 50% residence pre-sale threshold as approved as part of the November 2013 SUP. Also noting the number of residences has decreased from 38 to 36 and the 50% threshold will be measured against the 36 units; And, accepting the changes to the elevations as presented and part of the staff report. Case No. Attachment A ZA16-095 Page 5 Vicinity Map 1471 Federal Way 0 r� ti v 1 _ F c.i 40 T4 _ SD 1LI w FPb K RIDGE -e a s MEETING 5T '� --- - - - GVIC PL :t�fsF�f ' _ fi =" 1400 Q 1422 R R § ; - - 0 MAIN ST----- � Q 1501 --- -=-- a f x ¢ W f1J ---- ul 7 14D0 J � r 140c FOUNTAIN PL z r• W 115 U] ry < 0 1400 1492 =5001�10 1540 1560 1570 15a0 1600 Rti ti ZA'16-095 Specific Use Permit 0 200 401C, S.-M 1.200 Feet Case No. Attachment B ZA16-095 Page 1 w� 1207 r r 7,000 r42p � %� ,q1?O �. so mss, a� ah4 , �ry� '�s FR,q� PARK RI ;405 MEETING CIVIC PL _ 5 . i„ r 1422 1460 +� r N AIN 5T Z „s 1501 `- SPO # Owner Zoning Property Acreage Response _J11: 0 Address 1 SLTS GRAND AVENUE LP DT 1420 DIVISION ST 2.90 NR 2 H &C SOUTHLAKE HILTON LLC DT 1400 PLAZA PL 3.72 NR 3 SLTS GRAND AVENUE LP DT 1430 DIVISION ST 2.55 NR 4 SLTS GRAND AVENUE LP DT 1410 PLAZA PL 0.24 NR 5 SLTS GRAND AVENUE LP DT 1420 PLAZA PL 0.40 NR 6 SLTS GRAND AVENUE LP DT 1430 PLAZA PL 0.75 NR 7 SLTS GRAND AVENUE LP DT 1440 PLAZA PL 0.51 NR 8 SLTS GRAND AVENUE LP DT 1411 PLAZA PL 0.26 NR 9 SLTS GRAND AVENUE LP DT 1446 PLAZA PL 0.22 NR 10 SLTS GRAND AVENUE LP DT 1450 PLAZA PL 2.96 NR 11 SLTS GRAND AVENUE LP DT 410 GRAND AVE W 0.19 NR 12 SLTS GRAND AVENUE II LP DT 371 STATE ST 1.86 NR 13 SLTS GRAND AVENUE LP DT 1431 PLAZA PL 0.23 NR 14 SLTS GRAND AVENUE LP DT 400 GRAND AVE W 0.22 NR 15 SOUTHLAKE, CITY OF DT 351 STATE ST 1.97 NR 16 SLTS GRAND AVENUE LP DT 429 GRAND AVE E 0.42 NR 17 SOUTHLAKE, CITY OF DT 399 GRAND AVE W 0.34 NR 18 SLTS GRAND AVENUE LP DT 1445 PLAZA PL 0.20 NR 19 SLTS GRAND AVENUE II LP DT 1361 FEDERAL WAY 1.42 NR 20 SLTS GRAND AVENUE II LP DT 310 GRAND AVE W 0.40 NR 21 SLTS GRAND AVENUE LP DT 389 GRAND AVE W 0.01 NR 22 SLTS GRAND AVENUE LP DT 379 GRAND AVE W 0.01 NR 23 SLTS GRAND AVENUE LP DT 388 GRAND AVE E 0.01 NR 24 SLTS GRAND AVENUE LP DT 378 GRAND AVE E 0.01 NR Case No. Attachment C ZA16-095 Pagel 25 SLTS GRAND AVENUE LP DT 316 GRAND AVE W 0.25 NR 26 SLTS GRAND AVENUE LP DT 327 GRAND AVE E 0.43 NR 27 SLTS GRAND AVENUE II LP DT 301 STATE ST 0.48 NR 28 SLTS GRAND AVENUE II LP DT 250 GRAND AVE 0.56 NR 29 SLTS GRAND AVENUE LP DT 1401 FEDERAL WAY 2.44 NR 30 SOUTHLAKE, CITY OF DT 1451 FEDERAL WAY 1.37 NR 31 SLTS GRAND AVENUE LP DT 251 GRAND AVE 0.60 NR 32 SLTS GRAND AVENUE LP DT 1471 FEDERAL WAY 0.58 NR 33 TOWN SQUARE VENTURES LP DT 1460 MAIN ST 0.48 NR 34 DURANT,TOM DT 1500 MAIN ST 0.13 NR 35 SCHIRLE,JOSEPH L LIVING DT 1512 MAIN ST 0.06 NR 36 CLINTSMAN, BRYAN DT 1510 MAIN ST 0.06 NR 37 SCHIRLE, MATTHEW DT 1508 MAIN ST 0.06 NR 38 WARE, DEMARCUS O DT 1506 MAIN ST 0.06 NR 39 JULIA, THOMAS DT 1504 MAIN ST 0.06 NR 40 SOUTHLAKE, CITY OF DT 1501 MAIN ST 2.07 NR 41 SLTS LAND LP DT 1651 E SH 114 5.33 NR 42 RLH BROWNSTONES LLC DT 1509 MEETING ST 0.07 NR BROWNSTONE AT TOWN NR 43 SQUARE LP DT 1501 MEETING ST 0.16 44 RLH BROWNSTONES LLC DT 1507 MEETING ST 0.09 NR 45 COOPER GD LLC DT 1505 MEETING ST 0.08 NR BROWNSTONES AT TOWN NR 46 SQUARE OWN DT 198 SUMMIT AVE 0.15 BROWNSTONE AT TOWN NR 47 SQUARE LP DT 351 CENTRAL AVE 2.16 BROWNSTONE AT TOWN NR 48 SQUARE LP DT 301 CENTRAL AVE 0.57 49 JAY&RAY LLC DT 1503 MEETING ST 0.10 NR 50 SOUTHLAKE, CITY OF DT 1297 DIVISION ST 1.72 NR 51 SOUTHLAKE, CITY OF DT 1299 DIVISION ST 1.68 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty (20) Responses Received: None (0) Case No. Attachment C ZA16-095 Page 2