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Item 9 - ZA17-042 PP Highland CornerCase No. ZA17-042 S T A F F R E P O R T September 15, 2017 CASE NO: ZA17-042 PROJECT: Preliminary Plat for Lots 1-7 & 8X, Block A, Highland Corner EXECUTIVE SUMMARY: On behalf of Resort Homes of Texas LP, G&A Consultants, LLC is requesting approval of a Preliminary Plat for Lots 1-7 & 8X, Block A, Highland Corner on property described as Tract 2C, T. Mahan Survey, Abstract No. 1049, and Lot 1A1A, Hanna Addition, City of Southlake, Tarrant County, Texas and located at 2149 E. Highland Street and 1030 N. Kimball Avenue, Southlake, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #4. DETAILS: The proposed development is located on the SW corner of E Highland St. and N Kimball Ave. The purpose of the request is to gain approval of a Preliminary Plat to accommodate an eight (8) lot office development. The proposed development consists of eight (8) lots to include seven (7) general/medical office buildings (lots 1-7) and one (1) X lot on approximately 6.068 acres. An associated application for a Zoning Change and Site Plan (ZA17-043) and a Land Use Plan Amendment (CP17-005) are concurrently being considered for the site. VARIANCE REQUESTED: The following variance is being requested in relation to the proposed plat: ACTION NEEDED: 1. Conduct a public hearing 2. Consider Approval of Preliminary Plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Plat Review Summary No. 3, dated September 15, 2017 (D) Surrounding Property Owners Map and Responses Current Regulation Request Subdivision Ordinance No. 483, as amended, Section 8.1 Lotting Requirements: Every lot shall abut on a public street or a private street. A variance has been requested. The applicant has proposed a written regulation in the associated S-P-1 zoning to allow Lots 5, 6 & 7 access via a mutual access easement rather than directly from a public or private street since they do not have direct frontage on Kimball Avenue. Department of Planning & Development Services Case No. ZA17-042 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Plat Link to S-P-1 regulation document Link to TIA Report dated September 5, 2017 Link to SPIN meeting report STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA17-042 Page 1 BACKGROUND INFORMATION OWNER: Resort Homes of Texas, LP – David Keener APPLICANT: G&A Consultants, LLC PROPERTY SITUATION: 2149 E. Highland Street and 1030 N. Kimball Avenue, Southlake, Texas LEGAL DESCRIPTION: Tract 2C, T. Mahan Survey, Abstract No. 1049, and Lot 1A1A, Hanna Addition, City of Southlake, Tarrant County, Texas; approximately 6.068 acres LAND USE CATEGORY: Medium Density Residential and Mixed Use (Office Commercial proposed) CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses HISTORY: - The property was annexed into the Town of Southlake in 1956 as “AG” (Ord. No. 041). - A Plat was approved by City Council on April 15, 1986 for the Hanna Addition under Planning Case ZA86-009. - A Land Use Plan Amendment from Medium Density Residential to Mixed Use was approved by City Council on December 3, 2013 under Planning Case CP13-005. This LUD change was done during the approval process for Gateway Lakes. - A Plat Revision was approved by City Council on June 17, 2014 for Southlake Glen under Planning Case ZA14-042. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Medium Density Residential and Mixed Use which is defined in the Southlake 2030 plan as follows: “The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories.” “The Mixed Use category is suitable for a range of activities being permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Case No. Attachment A ZA17-042 Page 2 Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories.” The applicant has filed an application for a Land Use Plan Amendment under Planning Case CP17-005 from Medium Density Residential and Mixed Use to Office Commercial. The Office Commercial LUD is defined in the Southlake 2030 plan as follows: “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 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.” Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows >=8’ future multi-use trail along the south side of E Highland Street adjacent to the site. The applicant is proposing to construct an 8’ sidewalk along the northern boundary with the development. There is an existing 6’ sidewalk along the west side of N. Kimball Avenue. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The development proposes two access driveways to N Kimball Avenue, an A4D arterial with a minimum 88’ of right of way. No access onto E Highland Street is proposed with this development. N Kimball Avenue (73) (Between Kirkwood and Highland) 24hr North Bound (5,496) South Bound (5,408) AM Peak AM (298)11:45AM–12:45PM Peak AM (702) 7:30-8:30 AM PM Peak PM (628) 4:45-5:45PM Peak PM (384) 4:15-5:15PM * Based on the 2015 City of Southlake Traffic Count Report Case No. Attachment A ZA17-042 Page 3 Traffic Impact A Traffic Impact Analysis (TIA) was submitted for this project with the pre-submittal application July 10, 2017. Public Works staff sent the submitted TIA for formal review by the traffic consultant (Lee Engineering). Comments were received and a revised site plan and TIA were submitted September 5, 2017. Public Works staff reviewed the changes and submitted for a second formal review by the traffic consultant. At the time of this writing, additional comments are pending; however, Public Works staff stated comments would likely be minor, if any. Link to TIA TREE PRESERVATION: There is approximately 7.9% existing tree cover on the site. Tree Preservation Ordinance 585-D requires that 70% of the existing canopy be preserved. The proposed Tree Conservation Plan states approximately 77% of existing tree canopy cover will be preserved. For property sought to be zoned for an S-P-1 Site Plan, the City Council shall consider the Tree Conservation Plan in conjunction with the corresponding development application. UTILITIES: Water There is an existing 12” water line along the west side of N Kimball Avenue that will serve this property. Sewer There is an existing 8” sanitary sewer line along the west side of N Kimball Avenue that will serve this property. DRAINAGE: Calculations will be required to verify capacity of proposed curb inlets. Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. CITIZEN INPUT: A SPIN meeting was held on June 13, 2017 (SPIN2017-16) Link to SPIN Report STAFF COMMENTS: Attached is Revised Plat Review Summary No. 3, dated September 15, 2017. Section 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 Case No. Attachment A ZA17-042 Page 4 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. Case No. Attachment B ZA17-042 Page 1 Case No. Attachment C ZA17-042 Page 1 REVISED PLAT REVIEW SUMMARY Case No.: ZA17-042 Review No.: Three Date of Review: 09/15/17 Project Name: Preliminary Plat – Lots 1-7 & 8X, Block A, Highland Corner APPLICANT: Resort Homes of Texas LP ENGINEER: G&A Consultants, LLC David Keener Justin Lansdowne 2011 Kirkwood Blvd Southlake, TX 76092 Phone: 972-342-7920 Phone: 940-240-1012 Email: david@keener.hostpilot.com Email: Justin@gacon.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/06/17 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 Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. Correct the following discrepancies: a. Distance number in the Legal Description, third paragraph, second sentence – “391.16” does not match the distance label on plat which reads “391.20” b. Spelling in the Legal Description, fifth paragraph, fifth sentence – “recode” should read “recorded.” c. Lot references in the Legal Description, seventh paragraph, first sentence AND eighth paragraph, first-second sentence – “Lot 2, Block B” should read “Lot 16, Block A.” d. Lot reference in the Legal Description, eighth paragraph, second sentence – “Lot 3, Block B” should read “Lot 15, Block A.” e. Distance number in the Legal Description, eighth paragraph, fourth sentence – “121.95” does not match the distance label on plat which reads “121.96.” f. Quantitative Land Use Schedule – bottom right hand corner – add Mixed Use. 2. Per Subdivision Ordinance No. 483, as amended, Section 8.1, all lots shall abut on a public street or a private street. A variance has been requested. The applicant has proposed a written regulation in the associated S-P-1 zoning to allow Lots 5, 6 & 7 access via a mutual access easement rather than directly from a public or private street since they do not have direct frontage on Kimball Avenue. 3. All lots must comply with the underlying zoning district regulations. As proposed, approval of this plat is subject to receiving approval of an appropriate change of zoning. City Council is scheduled to consider a request for rezoning to “S-P-1” Detailed Site Plan district and a Site Plan (ZA17-043) for this property at its October 17, 2017 meeting. If the rezoning request is approved or approved with conditions, the Preliminary Plat must comply with the approved Site Plan as well as the S-P-1 zoning district. Case No. Attachment C ZA17-042 Page 2 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. In the proposed Development Regulations, Miscellaneous Requirement ‘c’ states, “If trees that were attempted to be preserved on the Site Plan become diseased or dying prior to the start of construction, then building footprints that were originally laid out to preserve said trees may be altered and adjusted since preservation is no longer needed.” Any change to the approved Site Plan requires an additional Zoning and Site Plan approval. 2. In the proposed Development Regulations, Miscellaneous Requirement ‘e’ states, “70% of the exiting tree canopy coverage shall be preserved.” This contradicts the amount of existing tree cover of 77% shown to be preserved on the proposed Tree Conservation Plan. Any alteration to the existing tree cover beyond what is shown on an approved Tree Conservation Plan requires additional Zoning and Site Plan approval. * There is 7.9% of existing tree cover shown as existing on the site and 70% of that tree cover is required to be preserved. The applicant is proposing to preserve 77% 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* 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. * 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 Case No. Attachment C ZA17-042 Page 3 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. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet, if applicable. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * 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 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. Case No. Attachment C ZA17-042 Page 4 A drainage easement shall be required for the detention pond/s. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER COMMENTS: 2. Minimum size for water lines is 8”. Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non-sprinkled buildings or 600’ for sprinkled buildings. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: 3. Minimum size for sanitary sewer is 8”. Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: * Calculations will be required to verify capacity of proposed curb inlets. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre-construction, construction and post-construction erosion control measures. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. Case No. Attachment C ZA17-042 Page 5 *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.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 pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. (Riser room location and size not indicated on building #7, riser room size not indicated on building #1) FIRE HYDRANT COMMENTS: Fire Department Connections for sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes. (FDC in excess of 50 feet from fire lane on property for building #1, and FDC not indicated on building #7) FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis for un-sprinkled buildings, and within 250 feet of all portions of the perimeter of the building for sprinkled buildings. Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Plans indicate building #7 has a fire line, and thus a sprinkler system, although it is not in excess of 6,000 square feet, which would allow hose lay increase from 150 to 250 feet and the current layout would suffice for fire lane access) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2015 I.F.C. Sec. 503.2.4) Informational Comments: * A portion of the subject property is part of a platted subdivision containing the remainder of Lot 1, Hanna Addition. Approval of a Plat Revision will be required to be recorded with the County prior to issuance of a building permit. * 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 ZA17-042 Page 6 * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Development must comply with all requirements of the underlying zoning district. * Denotes Informational Comment Case No. Attachment D ZA17-042 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. LOTTER, DEBORA SF20A 1108 SHADY LN 0.456 NR 2. TUMMA, SUDHAKAR SF20A 1112 SHADY LN 0.476 NR 3. DANIEL, BILLY W SF20A 2204 YEARGAIN CT 0.458 NR 4. CHOWDHURY, FAROQUE ALAM SF20A 2200 YEARGAIN CT 0.500 NR 5. DATTA, FALGUNI SF20A 2205 YEARGAIN CT 0.468 NR 6. SUBEDI, SHANKESHWAR SF20A 2201 YEARGAIN CT 0.460 NR 7. GILDENBLATT, TOM SF20A 2204 PATTERSON WAY 0.469 NR 8. GILDENBLATT, TOM SF20A 2200 PATTERSON WAY 0.467 NR 9. WILLIAMS, XAVIER D SF1-A 2009 E HIGHLAND ST 1.966 NR 10. PATTERSON, BURTON SF1-A 2160 E HIGHLAND ST 2.437 NR 11. KIMBALL LAKES LLC B1 1200 N KIMBALL AVE 3.176 NR 12. FORDHAM, SCOTT SF1-A 2020 E HIGHLAND ST 0.891 NR 13. PIERCE, LEE ROY SF1-A 2130 E HIGHLAND ST 3.646 NR 14. PATTERSON, BURTON SF1-A 0.445 NR 15. PATTERSON, BURTON H AG 1030 N KIMBALL AVE 0.906 NR 16. STEGALL, MOLLY TZD 890 N KIMBALL AVE 1.534 NR 17. TRANSPORT WORKERS UNION, #513 O1 759 N KIMBALL AVE 1.949 NR 18. TOLL DALLAS TX LLC TZD 2025 SOUTHLAKE GLEN DR 0.230 NR 19. TOLL DALLAS TX LLC TZD 2029 SOUTHLAKE GLEN DR 0.245 NR 20. PATTERSON, BURTON AG 2149 E HIGHLAND ST 6.060 NR City of Grapevine Case No. Attachment D ZA17-042 Page 2 21. TOLL DALLAS TX LLC TZD 2032 SOUTHLAKE GLEN DR 0.281 NR 22. TOLL DALLAS TX LLC TZD 2024 SOUTHLAKE GLEN DR 0.320 NR 23. HUNING, ERIC SF1-A 2145 E HIGHLAND ST 2.615 NR 24. HUNING, ERIC A AG 2015 E HIGHLAND ST 0.808 NR 25. TOLL DALLAS TX LLC TZD 2016 SOUTHLAKE GLEN DR 0.323 NR 26. TOLL DALLAS TX LLC TZD 2020 SOUTHLAKE GLEN DR 0.318 NR 27. TOLL DALLAS TX LLC TZD 2028 SOUTHLAKE GLEN DR 0.316 NR 28. Superintendent of Carroll ISD NR 29. Superintendent of Grapevine Colleyville ISD NR 30. Superintendent of Northwest ISD NR 31. Superintendent of Keller ISD NR 32. City of Grapevine NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-two (32) Responses Received: None