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Item 6BCITY OF S0UTHLA1<,.,.,E Department of Planning & Development Services STAFF REPORT March 29, 2017 CASE NO: ZA17-015 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 Lots 21-23, H. Granberry Addition No. 581, an addition to the City of Southlake, Tarrant County, Texas (previously described as a portion of Tract 3C, Hiram Granberry Survey, Abstract No. 581 and Tract 1A, Littleberry G. Hall Survey, Abstract No. 686) and addressed as 171, 201, and 211 W. Southlake Blvd. (previously 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 4.1 acre property from "0-1" Office District to "S -P-1" Detailed Site Plan District to allow construction of three single -story retail commercial buildings totaling 21,997 square feet. Site Data Summary Case No. ZA17-015 Building 1 Building 2 Building: Lot 21 Lot 22 Lot 23 Existing/Proposed 0-1 1 S -P-1 0-1 I S -P-1 0-1 1 S -P-1 Zoning Gross Acreage 1.52 acres 1.35 acres 1.22 acres Net Acreage of Open 0.47 acres 0.41 acres 0.35 acres Space Net Percentage of 30.92% 30.37% 28.69% Open Space Total Building Area 7,917 Sq. Ft. 7,917 Sq. Ft. 6,163 Sq. Ft. Parking Required 72 spaces 72 spaces 55 spaces (1 per 105 Sq. Ft.) Parking Provided 83 spaces 68 spaces 52 spaces Impervious Coverage 70%/69.08% 70%/69.63% 70%171.31% C-2 Allowed/Provided*No limit on individual site per S -P-1 Height / # stories 1 story J 32'8" 1 story 1 32'8" 1 story 131'6" (35' max per C-2 & S -P-1) Case No. ZA17-015 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 fagade contains a minimum 80% masonry which meets the Masonry Ordinance (the lowest percentage of masonry on any fagade is 87%). Building 3 utilizes a drive-thru window on the east fagade facing toward First Financial Bank. S -P-1 regulations for Southlake Commons are as follows: 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; I. 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 23 (Building 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) Minimum Front Building Setbacks a. Along Southlake Blvd. shall be forty-five (45') feet. 4) Minimum Side Building Setbacks shall be fifteen (15') feet, except that setbacks along internal property lines shall not be required. 5) Buffer Yards along internal lot lines shall not be required. 6) The maximum impervious coverage for the overall "SP -1" boundary Case No. ZA17-015 shall be 70%; however, the maximum impervious coverage requirement shall not apply to individual lots within the boundary. 7) 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. 8) Parking Space Requirements: All Uses: One (1) space for each one -hundred five (105) square feet of Net Leasable area. 9) Dumpster Enclosure Location: Dumpster enclosures shall be permitted as shown on the Site Plan. 10) Patio Shade Structures: Outdoor Shade Structures (e.g. Pergola or Trellis) on the patio areas adjacent to buildings on Lots 21 & 22, as indicated on Site Plan, shall be allowed to overlap the internal lot boundary. VARIANCES REQUESTED: 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. Case No. ZA17-015 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. ACTION NEEDED: 1. Conduct Public Hearing 2. Consider 2nd Reading Approval of Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated March 3, 2017 (D) Surrounding Property Owners Map Link to Property Owner's Responses (E) Ordinance No. 480-724 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative and "S -P-1" Regulations I ink to Plan.-, Page 1 - Site Plan Pages 2-6 - Building Elevations and Renderings Page 7 - Landscape Plan Page 8 - Tree Conservation Plan Link to Traffic Impact Analysis Link to Noise Assessment Link to SPIN meeting report Link to MXD Economic Cluster Study Link to MXD Retail Saturation Study Link to TNP N White Chapel Design Study Memo dated 11-4-09 Link to TNP N White Chapel Traffic Study dated 4-23-10 Link to Site Platting History Link to Distance From Neighboring Property Exhibit STAFF CONTACT: Ken Baker (817) 748-8067 David Jones (817) 748-8070 Case No. ZA17-015 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 171, 201 and 211 W. Southlake Blvd. LEGAL DESCRIPTION: Lots 20-23, H. Granberry Addition No. 581, an addition to the City of Southlake, Tarrant County, Texas (also described as a portion of Tract 3C, Hiram Granberry Survey, Abstract No. 581 and Tract 1A, Littleberry G. Hall Survey, Abstract No. 686) approx 4.09 acres LAND USE CATEGORY: Office Commercial (Retail Commercial proposed) CURRENT ZONING: "0-1" Office District PROPOSED ZONING: "S -P-1" Detailed Site Plan District with limited "C-2" uses HISTORY: - The property was annexed into the Town of Southlake in 1956 as "AG" (Ord. No. 041). - The "0-1" 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). - A Zoning Change and Site Plan to rezone Tract 3C, Hiram Granberry Survey, Abstract No. 581 and Tract 1A, Littleberry G. Hall Survey, Abstract No. 686, approximately 7.5 acres, from "0-1" 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 was withdrawn at first reading of City Council on November 1, 2016 (ZA16-057). - A Site Plan for four to five single -story office buildings totaling between 27,562 and 27,725 square feet on approximately 3.3 acres was approved by City Council January 17, 2017 (ZA16-107). Case No. Attachment A ZA17-015 Page 1 - A Plat Showing for lots 20-23, H. Granberry No. 581 Addition was approved by City Council January 17, 2017 (ZA16-106). 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 KE 6LVb wESIS ows%u+ Commercial category is a commercial category designed andrT�R intended for the exclusive use of office and limited office -related activities. It is established for and will be allocated to those districts 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." Case No. Attachment A ZA17-015 Page 2 Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing multi -use trail along W Southlake Blvd adjacent to the site. 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. * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was submitted for this project. The analysis substantially matches a Traffic Impact Analysis submitted in October 2016 for this property. Public Works staff reviewed the changes and found that they were not substantial enough to warrant formal review by the traffic consultant. A response by the traffic consultant referencing the 2016 report is attached via the link below. Link to TIA Link to TIA Review TREE PRESERVATION: There is approximately 5.88% existing tree cover on Lots 20-23. A Tree Conservation Plan was approved with the Plat Showing which showed preservation of 73.45% of the existing tree cover with an additional 6.46% shown as marginal. Tree Preservation Ordinance 585-D requires that 70% of the existing canopy be preserved. The proposed Site Plan conforms to the approved Tree Conservation Plan. Case No. ZA17-015 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 Attachment A Page 3 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. 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 via an 8" extension approved with ZA16-107. DRAINAGE: Drainage will 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 February 28, 2017 (SPIN2017-03) Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: March 9, 2017; The Planning and Zoning Commission voted 6-0 to recommend approval of this item as presented subject to Staff Report dated March 3, 2017 and Site Plan Review Summary #2 dated March 3, 2017, specifically noting approval of the variance requested with respect to the driveway ordinance. CITY COUNCIL 1st READING ACTION: March 21, 2017; City Council voted 4-3 to approve on 1St Reading subject to Staff Report dated March 15, 2017 and Site Plan Review Summary #2 dated March 3, 2017, granting a variance to Driveway Ordinance no. 634, as amended, Section 5.2.d regarding stacking depth to allow a minimum 77' from the entrance from F.M. 1709/Southlake Blvd and to allow the site to be served by the existing drives to and from the adjacent properties, and noting we're eliminating proposed S -P-1 regulation #5 in regards to minimum rear building setbacks. Case No. Attachment A ZA17-015 Page 4 STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated March 3, 2017. 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. General Development Applies? Comments Standards 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 Subject to requirements of Zoning Ordinance No. 480, Sec. 42 Bufferyards Yes 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. Case No. Attachment A ZA17-015 Page 5 Vicinity Map 171, 201 and 211 W. Southlake Blvd. ar 11 8©9 A �C8 Freedom q X 100 110__ cy � 222 LO 121 80 410 ADO30WEST SO�Ty��pK��"�Q 151 171 N 465 445 425 351 _ r3OI-- , 435 I �_ _— � off! ! O� 140 136 132 M 124 120 116 112 108 104 100 ERRyT 201 0 0 M In 109 105 101 -4) ?Q3 U _ o Ln � O co LO 0 N m >` 230 '05 0 (9 0 N c2 08 '500LO �O N 7 m N Z LU E o a 221 207 201 DDO LA DR w ZA17-015 Zoning Change N and Site Plan r -*E 0 280 560 1,120 S Feet Case No. Attachment B ZA17-015 Page 1 Case No.: ZA17-015 SITE PLAN REVIEW SUMMARY Review No.: Two Project Name: Zoning Change and Site Plan — Southlake Commons APPLICANT: James C. Shindler Tres Burros, LLC 260 Miron Dr, Ste 108 Southlake, Texas 76092 Phone: 817-552-7778; Fax: 817-552-7788 Email: Jim@ConiferRE.com Date of Review: 03/03/17 OWNER: John Stephen (Steve) Church Gloria Lechler Trust, et al 4116 H.C. Meacham Blvd Fort Worth, Texas 76135-9574 Phone: 817-707-6855; Fax: 888-702-6844 Email: stvfwt@aeiwireless.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/20/17 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: dlones(a-)-ci.south lake.tx.us Due to the shared nature of the existing drives, the sum of all the parking spaces within Southlake Commons and the adjacent developments are divided by the total number of drives to determine the minimum stacking depth for each drive (approx. 533 spaces / 4 drives = 134 spaces per drive) which results in a 100' required stacking depth on all drives. A variance is required from Ord. No. 680 to allow the site to be served by the existing drives. VARIANCE REQUESTED 2. A 50' setback line along Southlake Blvd. is shown on the approved plat for White Chapel Office Park and is required per Section 3.02 of the Subdivision Ordinance and Section 43.9.c.2.a. of the Zoning Ordinance No. 480. Building 2 also appears to encroach the existing 15' Drainage Easement along Southlake Blvd. If the S -P-1 zoning is approved with the building layout as shown, an amended plat will need to be filed correcting the building line to match the plan and amending the drainage easement. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed existing tree conservation complies with the existing tree cover preservation requirements of the Tree Preservation Ordinance. There is 5.88% of existing tree cover on the Case No. ZA17-015 Attachment C Page 1 site and 70% of that tree cover is required to be preserved. The applicant is proposing to preserve 73.45% of the existing tree cover. 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* 70% -0%-20% 20.1 —40% 60% 50% -40.1%-60% 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: 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; 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. 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 Case No. Attachment C ZA17-015 Page 2 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: There is a note on the Landscape Plan that says "**Required plant material has been reduced by 20% for an increase in bufferyard width." As none of the bufferyard widths have been increased so, please remove this comment from the Bufferyards Summary Chart. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Om Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri(a)ci.south lake.tx.us GENERAL COMMENTS: 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. 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.citVofsouthlake.com/index.aspx?NID=266 WATER, SANITARY SEWER AND DRAINAGE COMMENTS: 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 Case No. ZA17-015 Attachment C Page 3 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. 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.citVofsouthlake.com/PubIicWorks/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(a)ci.south lake.tx.us Case No. ZA17-015 Attachment C Page 4 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: 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 Marshall Phone: (817) 748-8233 E-mail: kclementsla)ci.south lake.tx.us GENERAL COMMENTS: 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, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. 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. (Riser room locations not indicated on plans, if FDC on building 3 is at the riser room location, it will be further than 100 feet from the main and require a vault) General Informational Comments: 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 Corridor Overlay Regulations and Residential Adjacency 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. Case No. Attachment C ZA17-015 Page 5 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # 1. Owner 321 SOUTHLAKE BLVD REAL ESTATE Zoning 01 Physical Address 301 W SOUTHLAKE BLVD 899 EMERALD BLVD NR 2. ATCC INVESTMENTS LLC 01 901 903\\1✓/ 0.272 NR 3. �" 80s 9i � 1.166 op �a 2 4. > SP2 @ 1.168 B03 5. FIRST FINANCIAL BANK 01 151 W SOUTHLAKE BLVD X05 F 6. HOFFMAN, HOLLY L 41 100 LONDONBERRY TER rReeoa.+Lu O 7. �8 01 301 W SOUTHLAKE BLVD 0.160 8rr 8. KESTER, PAIGE A SF20A 116 LONDONBERRY TER 0.482 O 9. LECHLER, GLORIA ETAL 01 8j3 7.345 F 10. 110 200 0 S WHITE CHAPEL BLVD 0 250 222 300 19� 121 171-7 480 410 400 1 - 151 O 475 465 445 425 351 01 301 W SOUTHLAKE BLVD 211 2 NR 13. MAHALO INVESTMENTS LLC M 301 W SOUTHLAKE BLVD Tn NR 14. MURPHY, TYLER C 221 102 TQr 435 O �o ^`? 231 SP1 190 S WHITE CHAPEL BLVD 0.950 F 16. r4 �O SF20A 120 LONDONBERRY TER 0.472 O A PARKHILL & WRIGHT LLC 01 301 W SOUTHLAKE BLVD 0.136 NR 140 136 132 128 124 120 116 112 108 104 100 CS 200 x 201 � o o � ^1 4�NDONp[RRV TER 109 D111510, M 19. 02 P 203 - N u� lb 280 O SPO # 1. Owner 321 SOUTHLAKE BLVD REAL ESTATE Zoning 01 Physical Address 301 W SOUTHLAKE BLVD Acreage Response 0.128 NR 2. ATCC INVESTMENTS LLC 01 301 W SOUTHLAKE BLVD 0.272 NR 3. BICENTENNIAL FIN CENTER LP SP2 250 W SOUTHLAKE BLVD 1.166 NR 4. FIRST AMERICAN SAVINGS BANC SP2 222 W SOUTHLAKE BLVD 1.168 NR 5. FIRST FINANCIAL BANK 01 151 W SOUTHLAKE BLVD 1.619 F 6. HOFFMAN, HOLLY L SF20A 100 LONDONBERRY TER 0.909 O 7. IMAN, ASHER S 01 301 W SOUTHLAKE BLVD 0.160 O 8. KESTER, PAIGE A SF20A 116 LONDONBERRY TER 0.482 O 9. LECHLER, GLORIA ETAL 01 130 S WHITE CHAPEL BLVD 7.345 F 10. LECHLER, GLORIA ETAL 01 0 S WHITE CHAPEL BLVD 0.223 F 11. LUTHY, ROBERT E SF20A 104 LONDONBERRY TER 0.460 O 12. MAHALO INVESTMENTS LLC 01 301 W SOUTHLAKE BLVD 0.343 NR 13. MAHALO INVESTMENTS LLC 01 301 W SOUTHLAKE BLVD 1.628 NR 14. MURPHY, TYLER C SF20A 108 LONDONBERRY TER 0.478 O 15. NMEM LTD SP1 190 S WHITE CHAPEL BLVD 0.950 F 16. O'DONNELL, PETER SF20A 120 LONDONBERRY TER 0.472 O 17. PARKHILL & WRIGHT LLC 01 301 W SOUTHLAKE BLVD 0.136 NR 18. SOUTHLAKE, CITY OF CS 300 W SOUTHLAKE BLVD 10.292 NR 19. STEDKE REVOCABLE TRUST* SF20A 112 LONDONBERRY TER 0.493 O Case No. Attachment D ZA17-015 Page 1 *owner per adopted 2016 tax roll Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty -Two (22) Responses Received: Seven (7) Opposed; Four (4) In Favor Link to Surrounding Property Owner Responses Case No. Attachment D ZA17-015 Page 2 (DRAKE, KURT L & JILL D) 20. SUNTREE STATION LLC SP2 110 W SOUTHLAKE BLVD 0.903 NR 21. SUNTREE STATION LLC SP2 100 W SOUTHLAKE BLVD 7.735 NR 22. TY SHAFER DDS PA 01 301 W SOUTHLAKE BLVD 0.259 F 23. Superintendent of Carroll ISD NR 24. Superintendent of Grapevine Colleyville ISD NR 25. Superintendent of Northwest ISD NR 26. Superintendent of Keller ISD NR *owner per adopted 2016 tax roll Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty -Two (22) Responses Received: Seven (7) Opposed; Four (4) In Favor Link to Surrounding Property Owner Responses Case No. Attachment D ZA17-015 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-724 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 LOTS 21-23, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, APPROXIMATELY 4.094 ACRES FROM "0-1" OFFICE DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRCT 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 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 "0-1" Office District under the City's Comprehensive Zoning Ordinance; and Case No. Ord. No. 480-724 ZA17-015 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably Case No. Ord. No. 480-724 ZA17-015 Page 2 invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Case No. Ord. No. 480-724 ZA17-015 Page 3 Detailed Site Plan (SP -1) District - Land Use and Development Regulations for a 4.09 acre parcel, on Southlake Blvd., just west of White Chapel Blvd. Southlake, Texas Zoning Case #: ZA17-015 Prepared by Sage Group, Inc. March 10, 2017 This Detailed Site Plan (SP -1) district shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, and the City of Southlake Subdivision Ordinance No. 483, as amended. 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; I- 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 23 (Building 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: McDonalds, Wendy's, Burger King, Whataburger, KFC & Taco Bell. Case No. ZA17-015 Ord. No. 480-724 Page 4 3) Minimum Front Building Setbacks: a- Along Southlake Blvd. shall be forty-five (45� feet. 4) Minimum Side Building Setbacks shall be fifteen (15) feet, except that setbacks along internal property lines shall not be required. 5) Minimum Rear Building Setbacks shall be fifteen (15) feet, except that setbacks along internal property lines shall not be required. 6) Buffer Yards along internal lot lines shall not be required. 7) 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. 8) 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. 9) Parking Space Requirements: All Uses: One (1) space for each one -hundred five (105) square feet of Net Leasable area. 10) Dumpster Enclosure Location: Dumpster enclosures shall be permitted as shown on the Site Plan. 11) Patio Shade Structures: Outdoor Shade Structures (e.g. Pergola or Trellis) on the patio areas adjacent to buildings on Lots 21 & 22, as indicated on Site Plan, shall be allowed to overlap the internal lot boundary. Council 1" Reading Motion: March 21, 2017; Voted 4-3 to approve subject to Staff Report dated March 15, 2017 and Site Plan Review Summary #2 dated March 3, 2017, granting a variance to Driveway Ordinance no. 634, as amended, Section 5.2.d regarding stacking depth to allow a minimum 77' from the entrance from F.M. 1709/Southlake Blvd and to allow the site to be served by the existing drives to and from the adjacent properties, and noting we're eliminating proposed S -P-1 regulation #5 in regards to minimum rear building setbacks. 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. ZA17-015 Ord. No. 480-724 Page 5 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 Case No. Ord. No. 480-724 ZA17-015 Page 6 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. 6y x01107► E:1 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) 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 Case No. Ord. No. 480-724 ZA17-015 Page 7 ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 21St day of March 2017. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2017. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Ord. No. 480-724 ZA17-015 Page 8 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA17-015 Ord. No. 480-724 Page 9 iWA:nikgv_vv Southlake Commons Leeal Description "Lots 21, 22 and 23, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat thereof recorded as Instrument No. D217045213 in the Official Public Records of Tarrant County, Texas". Case No. Ord. No. 480-724 ZA17-015 Page 10 ice■■�to�o�� �rW�Wrrrvcsrrsoao ®�a�7.sao�oa � rWa rrrra�i�oo��� owner: GNha Leeva' TrtY, tt.y. 1116 HC Nmpisn aaukaY B Y YNie55 Engineer: EXHIBIT "B" Notgs: 1. Wl sEtlnralYs are mxrete, i ef'AaAClS ees�k to hYWd�n9sH 3. Adl sNemlWs are Switle. <. Y.,Flig tac ugmlYy I.. 9h loonrrar M. I T1 7 "I 7W . } ,T �. • suz ratrnx,ac - -'Y-' .R. 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