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Item 6ACITY OF SOUTHLAI<.,,E Department of Planning & Development Services STAFF REPORT October 31, 2017 CASE NO: ZA17-068 PROJECT: Zoning Change & Site Plan for Kimball Crossing EXECUTIVE SUMMARY: REQUEST DETAILS: Case No. ZA17-068 Gonzalez and Schneeberg, Engineers and Surveyors, Inc., on behalf of Greenway 1709/Eleven II Partners and Greenway 1709/Eleven Partners, Ltd., is requesting a Zoning Change and Site Plan on property described as Lot 1, Block 1, Kimball Crossing Addition and a portion of Tract 1 B02, John A. Freeman Survey, Abstract 529 from "S -P-1" Detailed Site Plan District and "B-1" Business Service Park District to "S- P -1" Detailed Site Plan District for Kimball Crossing located at 2175 & 2185 E. Southlake Blvd. SPIN #8. Kimball Crossing is located approximately 660 feet west of the intersection of S. Kimball Avenue and E. Southlake Blvd. The purpose of this item is to seek approval of a proposed zoning change and site plan to add 57 parking spaces and approximately 17,075 sf (.39 acre) of the adjacent south property to the site. The applicant is seeking additional parking spaces to accommodate visitors and staff at their successful business location. Currently, the 20,122 square foot retail/restaurant building on the property has 176 parking spaces. The applicant is revising the "S -P-1" Development Regulations to increase the impervious coverage from 71.4% to 75.2 % and is not seeking any variances to this request. * Includes deduction for 2 parking spaces removed for drive aisle and 2 temporary parking spaces near Ethan Allen are not included in the parking calculation ** Revised "S -P-1" regulation Site Data Summary Approved Site Plan ZA11-025 Proposed Site Plan ZA17-068 Existing Zoning S -P-1 and B-1 S -P-1 and B-1 Proposed Zoning SP -1 S -P-1 Land Use Designation Retail Commercial Retail Commercial Acreage(gross) 2.895 3.287acres Lot Coverage 15.8% 14.1% Number of Proposed Lots 1 1 Open Space Area 36,116 sf 35,514 sf Open Space % 28.6% 24.8% Impervious Coverage Area 89,983 sf 107,635 sf Impervious Coverage % 71.4% 75.2%** Max. Building Ht. 35 ft. 35 ft. Total Floor Area 20,150 sf 20,122 sf Proposed Parking Ratio 1/115 sf 1 space/90 sf Parking Required 176 176(172-) Parking Provided 176 57 Total Parking 176 229* Required Loading Space 1 1 Provided Loading Space 1 1 * Includes deduction for 2 parking spaces removed for drive aisle and 2 temporary parking spaces near Ethan Allen are not included in the parking calculation ** Revised "S -P-1" regulation At the October 5, 2017 Planning and Zoning Commission meeting, the Commission requested that the applicant add a landscaped median between the existing parking lot and the proposed parking lot addition. The applicant has provided the changes in the revised site plan and proposed landscape plan with 10 crape myrtle trees in a landscape median. Kimball Crossing S -P-1 Zoning Regulations (approved ZA11-025) Permitted Uses This property shall be limited to the permitted uses as found in the "C-3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as amended, excluding the following uses: 1. Taverns 2. Clubs 3. Golf driving range 4. Theater Development Regulations This property shall be subject to the development regulations for the "C-3" General Commercial District and all other applicable regulations, with the following additions and exceptions: 1. No buffer yard shall be required on the eastern boundary of Lot 1 Block 1 Kimball Crossing. The plant material normally required in a 5' Type "A" bufferyard of 330 feet shall be required in the south bufferyard; 2. 85 caliper inches of tree mitigation on Lot 1, Block 1, Kimball Crossing Addition shall be provided in addition to what would otherwise be required; 3. A berm of a minimum of two feet shall be provided between the parking and the sidewalk on FM 1709 to help screen the parking; 4. No signage or logos shall be provided on any building awning. 5. Impervious Coverage to be 75.2% (added with this zoning change and site plan request) ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2"d reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated September 29, 2017 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-497b Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link Narrative Link Plans STAFF CONTACT: Ken Baker (817)748-8067 Patty Moos (817)748-8269 Case No. ZA17-068 APPLICANT: OWNER: PROPERTY ADDRESS: PROPERTY DESCRIPTION LAND USE CATEGORY: CURRENT ZONING: HISTORY: Case No. ZA17-068 BACKGROUND INFORMATION Gonzalez and Schneeberg, Engineers and Surveyors, Inc. Greenway 1709/Eleven II Partners and Greenway 1709/Eleven Partners, Ltd. 2175 & 2185 E. Southlake Blvd Lot 1, Block 1, Kimball Crossing Addition and a portion of Tract 1 B02, John A. Freeman Survey, Abstract 529 Retail Commercial and Office Commercial "S -P-1" Detailed Site Plan District with "C-3" General Commercial uses & regulations and "B-1" Business Service Park District September 1989: Zoning on the property was placed by the City with approval of Zoning Ordinance No. 480. November 12, 2001: A Plat Showing was approved by the City for Lot 3, J.A. Freeman No. 529 Addition (ZA01-118) July 16, 2002: City Council approved a change of zoning and site plan to "S -P- 1" zoning with "C-2" Local Retail Commercial District and limited "C-3" General Commercial District uses. (ZA02-038) August 1, 2006: City Council approved the existing "S -P-1" zoning and site plan for the Ethan Allen furniture store and a conceptual 6,988 square foot retail building pad site as well as a Plat Revision for Lots 1 & 2, Block 1, Ethan Allen 1709 Addition. The following conditions were made part of the zoning approval: 1. exclude the following "C-3" uses: taverns, clubs, golf driving range, and theatre; 2. Site Plan Review Summary No. 5, dated July 26, 2006; 3. subject to the addition of 85 caliper inches of tree mitigation on Lot 2 from what would otherwise be required; 4. adding right-in/right-out signs at the right-in/right-out driveway; 5. requiring a berm of a minimum of two feet between the parking and the sidewalk on FM 1709 to help screen the parking; 6. subject to there being no signage or logo on the awnings; 7. approving the variances for driveway stacking and driveway spacing; and 8. requiring the full access drive across Lot 2 will be constructed in conjunction with the development of Lot 1. (ZA06- 040, ZA06-041, and ZA06-092) September 6, 2011; City Council approved the zoning change and site plan for Kimball Crossing and approved the three variances for the driveway stacking, Attachment A Page 1 driveway spacing and driveway spacing between right -in and right -out drives; regarding the architectural embellishments on the front fagade of the building, the applicant will have at least a 3' top cornice between bays 3 and 4, 5 and 7, and 9 and 10; the City will waive the masonry requirement for architectural embellishment for the top 3'; the trellis will not have visible I -beams, support structures will be of a solid square material with a wood fascia; 12' height limitation on the trellis structures and no more than 60% of the front fagade coverage with trellises; applicant will have a minimum of 10' masonry construction on the support columns; and pursuant to site plan review summary No. 3, dated July 15, 2011 and staff report dated August 31, 2011. (ZA11-025) SOUTH LAKE 2030 PLAN: Consolidated Land Use Plan Case No. ZA17-068 The underlying land use designations are "Retail Commercial and Office Commercial." The proposed zoning and site plan for Kimball Crossing is consistent with the recommended scope of uses under the "Retail Commercial" and Office Commercial land use designations. The Retail Commercial category is a lower- to medium -intensity commercial -- category providing for neighborhood- Ski 114 type retail shopping facilities and - — - general commercial support activities.... It is intended to provide limited local retail and/or office uses which serve �I - neighborhoods in close proximity. It -' intended that all uses in this category �� will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing , ;t 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. 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. Attachment A Page 2 TRANSPORTATION ASSESSMENT: WATER & SEWER: TREE PRESERVATION/ Pathways Master Plan & Sidewalk Plan There is an existing 8 foot pathway along E. Southlake Blvd. between Carroll Avenue and Kimball Avenue. Master Thoroughfare Plan & Median Plan The Southlake 2030 Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right-of-way. There is adequate right -of way along the frontage of the property. Existing Area Road Network and Conditions This location has access to a full median opening on E. Southlake Blvd at the northeast corner of the property, access to S. Kimball Avenue to the east by means of cross- access through the Kimball Oaks development, and access to the signalized intersection of Southlake Blvd. and Village Center Drive to the west by means of cross -access through other sites (Ethan Allen, St. George University, and Modia). East Southlake Boulevard is a six lane, divided thoroughfare with a median and intermittent center left turn lanes and deceleration lanes. E. Southlake Blvd. between Carroll Avenue and Kimball Avenue 24 hr West Bound (25,379) East Bound (23,395) AM Peak AM (1,966)11:45 AM -12:45 PM Peak AM (2,093) 7:30-8:30 AM PM Peak PM (2,375) 4:45 — 5:45 PM Peak FM (1,762) 12:30 -1:30 PM * Based on the 2015 City of Southlake Trak Count Report Traffic Impact Use Area Vtpd � AM- AM- PM- PM_ (sq. ft.) IN OUT IN OUT Specialty Retail Center (814) 20,122 891 67 72 57 45 * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition There is an existing 8 -inch sewer line and existing 12 -inch along E. Southlake Blvd. LANDSCAPE: The area of the site for the proposed parking lot in the south end of the property currently has 10.7% of the area with tree coverage. The applicant is proposing to remove 28% of the existing tree coverage in this area totaling 38 caliper inches of trees to be removed and 96 caliper inches to remain. In the bufferyard and landscape islands, the applicant is proposing to plant 24 Eastern Red Cedar, 10 Cedar Elm, 8 Live Oak, 2 Red Oak, 106 Dwarf Yaupon Holly and Bermuda Sod. CITIZEN INPUT: A SPIN meeting was not scheduled for this request. Case No. Attachment A ZA17-068 Page 3 PLANNING AND ZONING COMMISSION: October 5, 2017; Approved (6-0) as presented; subject to the Staff Report dated, October 5, 2017; further subject to the Site Plan Review Summary No. 2, dated September 29, 2017; and further noting the applicants willingness to provide, on their site plan, some pedestrian access to the south in what was proposed; and further noting the applicant's willingness to include, in an application to City Council, a plan that has an increased landscaped area between the old property boundary and where the new property is being added. CITY COUNCIL: October 17, 2017; approved (6-0) 1s` reading; subject to the Staff Report , dated October 10, 2017 and Site Plan Review Summary No. 2, dated September 29, 2017; noting the per the discussion tonight and at the October 5, 2017 Planning and Zoning Commission meeting, the applicant has agree to provide a revised landscape plan with the 4 -foot wide landscaped median area between the old property boundary and where the new property is being added with ten (10) crape myrtles trees; and also noting the applicant's agreement to provide pavers for pedestrian access across the two landscaped areas, both the existing and the new, in the parking lot areas to the south of the building. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated September 29, 2017. Case No. Attachment A ZA17-068 Page 4 Vicinity Map 2175 and 2185 E. Southlake Blvd. L. ---------- &IS f 60 Uf HIAKIE BLVD 1773 IE26 22, 213 19 iZs i�S; } 77317 ii 5 VILLAGE 0 E NTE R GR ZA 17-068 *,:Zoning Change and Site Plan S for Kimball Crossing 0 200 400 Boo 1.200 Feet Case No. Attachment B ZA1 7-068 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA17-068 Review No.: Two Proiect Name: Site Plan for Kimball Crossinq APPLICANT: Gonzalez & Schneeberg, Engineers & Surveyors Robert Schneebe 2100 Lakeside Blvd., Suite 200 Richardson, TX 75082 Phone: (972) 516-8855 Email: robert.schneeberg@gs-engineers.com Date of Review: 9/29/2017 OWNER: Greenway 1709/Eleven II Partners, Ltd. and Greenway 1709/Eleven Partners, Ltd. Christv Hammons 2808 Fairmount Ave., Ste. 100 Dallas, TX 75201 Phone: 214-880-9009 Email: Christy@greenwayinvestments.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/28/2017 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 Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos(a)ci.southlake.tx.us Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(@ci.southlake.tx.us TREE CONSERVATION COMMENTS: The existing large tree that is on the southwest corner of the existing storm water inlet is not shown on the Tree Conservation Plan. This will change the amount of existing tree cover and the amount of percentage of existing tree cover preserved. Public Works/Engineering Review Steve Anderson, P.E. Deputy Civil Engineer Phone: (817) 748-8101 E-mail: sanderson(@ci.southlake.tx.us No comments based on information submitted. Case No. Attachment C ZA17-068 Page 1 Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements(a)-ci.south lake.tx.us GENERAL COMMENTS: No comments based on the submitted information. General Informational Comments Staff recommends contacting Jerod Potts in the Planning and Development Services Department to determine if a SPIN meeting would be beneficial to your application. Jerod can be contacted by phone at (817) 748-8195 or by e-mail at jpotts(a�ci.southlake.tx.us . For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment C ZA17-068 Page 2 Surrounding Property Owners Kimball Crossing SPO # Owner Zoning Land Use Acreage Response 1. INLAND WESTERN SLAKE CORNERS K C3 100 N KIMBALL AVE 16.71 NR 2. STRAFACE, ANGELA SF1-A 213 EASTWOOD DR 3.64 NR 3. ETHAN ALLEN RETAIL INC SP1 2171 E SOUTH LAKE BLVD 2.06 NR 4. EQYINVEST OWNER II LTD LLP C3 2130 E SOUTHLAKE BLVD 7.37 NR 5. CHAPMEN, CLIFF SF1-A 211 EASTWOOD DR 2.73 NR 6. CARROLL, ISD CS 400 S CARROLL AVE 35.39 NR 7. GREENWAY-1709 ELEVEN PARTNERS SPI 2175 E SOUTHLAKE BLVD 3.04 NR 8. GREENWAY-1709 ELEVEN PARTNERS 131 2185 E SOUTHLAKE BLVD 8.11 NR 9. SPC KIMBALL OAKS LTD SP1 2245 E SOUTHLAKE BLVD 7.35 NR 10. SPC KIMBALL OAKS LTD SP1 2225 E SOUTHLAKE BLVD 6.54 NR 11. GATEWAY CHURCH CS 2121 E SOUTHLAKE BLVD 13.36 NR 12. Superintendent of Carroll ISD NR 13. Supt. of Grapevine Colleyville ISD NR 14. Superintendent of Northwest ISD NR 15. 1 Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses Received: Case No. ZA17-068 In Favor: 0 Opposed to: 0 Undecided: 0 No Response: 0 Attachment D Page 1 Surrounding Property Owner Responses No Responses received to date Case No. Attachment E ZA17-068 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-497b AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING AZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, KIMBALL CROSSING ADDITION AND A PORTION OF TRACT 11302, JOHN A. FREEMAN SURVEY, ABSTRACT 529, AND BEING APPROXIMATELY 3.287 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P-1" DETAILED SITE PLAN DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL 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 Xl, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P-1" Detailed Site Plan District and "B-1" Business Service Park 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 Case No. Attachment F ZA17-068 Page 1 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 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 Case No. Attachment F ZA17-068 Page 2 interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lots as Lot 1, Block 1, Kimball Crossing Addition and a portion of Tract 1 B02, John A. Freeman Survey, Abstract 529, City of Southlake, Tarrant County, Texas and being approximately 3.287 acres, and more fully and completely described in Exhibit "A" from "S -P-1" Detailed Site Plan District and "B- 1" Business Service Park District to "S -P-1" Detailed Site Plan District with "C-3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions: Case No. Attachment F ZA17-068 Page 3 Conditions of approval for Ordinance No. 480-497 (Zoning Case No. ZA06-040) Approved July 1, 2006 TU D01-1 '�-tf April 10, 2006 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Ethan Allen 1709 Addition 2171 E, Southlake Blvd. Southlake, Texas Case No. ZA06-040 Proposed Permitted Uses and Development Regulations for 'S -P-1" Zoning Permitted uses This property shall be limited to the permitted uses as found in the "C-3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "C-3" General Commercial District and all other applicable regulations. DMS Architects, Inc. Michael W. Shields, NCARB, AIA Principal RECD APR I- 0 2006 Z A 0 6 - 0 4 0 DMS Architects, Inc. 300 college avenue • fort worth, texas 76104 • 817-570-2000 • fax 817.570-2010 Case No. Attachment F ZA17-068 Page 4 1. Approving that the site shall adhere to the "C-3" General Commercial District uses and development regulations to exclude the following "C-3" uses: taverns, clubs, golf driving range, and theatre; 2. Granting the requested variance for a driveway stacking depth of ±53 feet; 3. Granting the requested variance for driveway spacing for right-in/right-our drives of ±237 feet; 4. Granting the requested variance for driveway spacing for full -access drives of ±490 feet; 5. Granting relief to the staff recommendation by allowing the drive lane as proposed by the applicant based on the applicant's agreement to provide one for one tree mitigation; 6. Noting that a landscape plan for Lot 2 will be brought forward with a site plan for that lot; 7. Subject to the addition of 85 caliper inches of tree mitigation on Lot 2 from what would otherwise be required; 8. Adding right-in/right-out signs at the right-in/right-out driveway; 9. Requiring a berm of a minimum of two feet between the parking and the sidewalk on FM 1709 to help screen the parking; 10. Subject to there being no signage or logo on the awnings; 11. Requiring the full access drive across Lot 2 will be constructed in conjunction with the development of Lot 1; 12. Subject to the following comments of the Site Plan Review Summary No. 5, dated July 26, 2006: a. Correctly show and label the required bufferyards along lot lines. A 5'— Type `A' bufferyard is required along the south lot line for both Lots 1 & 2. A 5' — Type `A' bufferyard is also required along the east lot line of Lot 2. b. Correct the south and west bufferyards for Lot 2 in the Bufferyard Calculation Chart. The required bufferyards are 5' — Type W. c. Two of the proposed medians in the south parking area of Lot 1 are smaller than the minimum requirement of 12' in width. Planter islands shall have a minimum width of 12' back-to-back if curbed or 13' edge -to -edge if no curb is intended, and shall be equal to the length of the parking stall. d. Label the stacking depth for the proposed right-in/right-out drive. Correct the stacking depth labeled for the full -access drive on the adjacent property to the east. Staff measured a stacking depth of ±53'. e. Provide the minimum stacking depths required for all lots. The minimum depth required is 75'. (A variance has been requested.) The easternmost drive currently provides a stacking depth greater than the minimum depth required. Case No. Attachment F ZA17-068 Page 5 However with construction on the adjacent lot, the stacking depth would be insufficient. The applicant will be required to meet minimum stacking depths unless a variance is approved. f. Label the spacing between the proposed full -access drive and to the nearest drive to the east on E. Southlake Blvd. g. Correctly show the right-in/right-out driveway in front of Lot 2 per City design guidelines. TxDOT has more restrictive regulations for driveways on state highways. The applicant is responsible for approval from TxDOT for the proposed drives. h. Provide the typical dimensions for all parking and loading spaces. The minimum dimensions are 9'x 18' for parking spaces and 10' x 50' for loading spaces. i. Lot 2 is currently shown to be over -parked which will require tree mitigation. j. Update the Site Data Summary Chart to include calculations for the `Total'. k. Label the height and type of screening for the proposed trash dumpster enclosures. Case No. Attachment F ZA17-068 Page 6 Conditions of approval for Ordinance No. 480-497a (Zoning Case No. ZA11-025) Approved August 1, 2011 Good Fulton & Farrell Architects 2808 Fairmount Street 214.303.1500/Tel Suite 300 214.303.1512/Fax Dallas, Texas 75201 www.gff.corn August 1, 2011 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 R laxdanoe GDod FAIA LEED AP Evan L Bealte AIA LEED AP Duncan T Fulmn FAIA LEER AP Lance Brahl AIA 0 Michael Farrell AIA Maria A Gomez All LEED AP Bryce A Welliand FAIA ScottA Kanag. All Karen K Quick MBA Donald R Kuhala AIA Jeffrey L Good AIA Allison E Laron MBA Tamara K Chamblese All LEED AP Brian E Moom AllLawrence Cushy AIA David H Swalm A14 Brian William Kuper ALA Traci Webster IIDA Richard L MyeaAJA Jonathan P Rdlins AlA Olcauml: Scott A Sowar AIA LCCA Joseph J Patti AIA CSI "EXHIBIT B" RE: ETHAN ALLEN & KIMBALL CROSSING RETAIL AND RESTAURANT ADDITION 2171 & 2175 E. SOUTHLAKE BLVD. SOUTHLAKE, TX CASE NO. ZA11-025 Proposed Permitted Uses and Development Regulations for `S-P-1"Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "C-3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as amended, excluding the following uses: 1. Taverns 2. Clubs 3. Golf driving range 4. Theater The following variances to Driveway Ordinance No. 634 shall be permitted: 2. Driveway stacking depth of +/- 53 feet; 3. Driveway spacing for right-in/right-out drives of +/- 237 feet; 4. Driveway spacing for full -access drives of +/- 490 feet; Development Regulations This property shall be subject to the development regulations for the "C-3" General Commercial District and all other applicable regulations, with the following additions and exceptions: 1. No buffer yard shall be required on the eastern boundary of Lot 1 Block 1 Kimball Crossing. The plant material normally required in a 5' Type "A" bufferyard of 330 feet shall be required in the south bufferyard; 2. 85 caliper inches of tree mitigation on Lot 1, Block 1, Kimball Crossing Addition shall be provided in addition to what would otherwise be required; 3. A berm of a minimum of two feet shall be provided between the parking and the sidewalk on FM 1709 to help screen the parking; 4. No signage or logos shall be provided on any building awning. P:120101101091g-jurisdictional agencieslExhibit-B-Letter-Re 3. to Case No. Attachment F ZA17-068 Page 7 City of Southlake Kimball Crossing Retail and Restaurant Addition August 1, 2011 Page 2 Parking Requirement Parking at a ratio of one space per 115 SF of building area as detailed on Development Plan. Sincerely, Good Fulton & Farrell, Inc. Evan Beattie, AIA Principal Subject to the Planning & Zoning recommendation regarding the connection to Ethan Allen property at the southeast corner of the property; 2. Approving the three variances for the driveway stacking, driveway spacing and driveway spacing between right -in and right -out drives; 3. Regarding the architectural embellishments on the front fagade of the building, the applicant will have at least a 3' top cornice between bays 3 and 4, 5 and 7, and 9 and 10 ; the City will waive the masonry requirement for architectural embellishment for the top 3' (A 3' EIFS cornice is shown on the attached north elevation in the areas specified by the bay numbers above. The columns have been renumbered to bay 2 and between bays 4and 5 and 6 and 7). 4. The trellis will not have visible I -beams, support structures (cross members) will be of a solid square material with a wood fascia; 12' height limitation on the trellis structures and no more than 60% of the front fagade coverage with trellises; a minimum of 10' masonry construction on the trellis support columns is required; (the trellis examples on the elevations presented to City Council at 2nd reading have been removed on the attached elevations); 5. Pursuant to site plan review summary No. 3, dated July 15, 2011 and staff report dated August 31, 2011: a. Drive lanes, placement of parking spaces and other improvements need to be placed in accordance with dedicated common access easements such that cross access from adjoining properties is provided. (The applicant proposes abandonment of the existing CAE's extending east -west along the south portion of the property.) b. The "16'x 16' AREA HELD OPEN FOR FUTURE TRAIL AMENITIES" is within a 16' Pedestrian Access Easement. The City of Southlake has requested—and the applicant has agreed—this area to be held for the future installation of trail amenities by the City of Southlake pursuant to the Case No. Attachment F ZA17-068 Page 8 2007 Major Corridors Urban Design Plan. C. During the previous Site Plan approval the following City Council motions were made regarding the required landscaping for Lot 2. Lot 2 is subject to the addition of 85 caliper inches of tree mitigation from what would otherwise be required. The 85 inches of required tree mitigation has been provided in the form of additional 4" canopy trees within the south portion of the interior landscape and the rear parking lot islands. Requiring a berm of a minimum of two feet high between the parking and the sidewalk along FM 1709 to help screen the parking. Two, two foot high berm sections have been provided in the west portion of the north bufferyard. The berm is not continuous across the north bufferyard because the grade change would affect the existing trees proposed to be preserved. d. Please look at the Water & Wastewater Plan and design the landscaping accordingly. A Red Oak and ground cover are proposed within the parking lot landscape island that contains the fire suppression vault and associated water lines, and another Red Oak is proposed within the parking lot landscape island that contains electrical transformer on the southeast corner of the building. Please contact the City of Southlake Fire Marshall to discuss alternative locations for the fire suppression vault instead of within the parking lot landscape island. e. In addition to the required and proposed landscaping interfering with the proposed utilities, there are two (2) storm water inlets proposed in the west portion of the north bufferyard that interfere with the required berms within the north bufferyard and the grading plan does not show the grading for the required berms. f. Existing tree credits are proposed to be taken for existing trees proposed to be preserved. Please ensure that the existing trees proposed to be preserved and taken credit for are in healthy condition and worthy of preservation and taking existing tree credits towards the required landscaping. Reserved for City Council motion: 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 Case No. Attachment F ZA17-068 Page 9 ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. 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 Case No. Attachment F ZA17-068 Page 10 Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to 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 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 1 st reading the day of October, 2017. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of November, 2017. Case No. Attachment F ZA17-068 Page 11 MAMAYORS ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA17-068 Page 12 iWz�:n:11w_v% Reserved for metes and bounds Case No. Attachment F ZA17-068 Page 13 iWz�:n:11MO-1 Reserved for Exhibits Case No. Attachment F ZA17-068 Page 14