Item 9Case No.
ZA18-016
S T A F F R E P O R T
March 29, 2018
CASE NO: ZA18-016
PROJECT: Zoning Change and Site Plan for Lot 7R, Blk 1, Mesco Addition EXECUTIVE
SUMMARY: Baird, Hampton & Brown are requesting approval of a Zoning Change and Site
Plan for professional office development on property described as Lot 7R, Block
1, Mesco Addition, an addition to the City of Southlake, Tarrant County, Texas
and located at 2118 E. SH114, Southlake, Texas. Current Zoning: "S-P-2"
Generalized Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan
District with “O-1” Office District uses. SPIN Neighborhood #4.
DETAILS: The property is generally located near the northwest intersection of N. Kimball
Avenue and State Highway 114; the subject lot is adjacent and to the west of
Chicken Express restaurant and east of the entrance drive into Kimball
Park/Cambria.
On September 17, 1996, City Council adopted Ordinance No. 480-217 with an
associated concept plan comprised of four (4) lots, specifically approving “S-P-
2” Generalized Site Plan District zoning with “C-2” Local Retail Commercial
District uses with an approximately 2,625 square foot drive-through
restaurant/retail building on Lot 7R. Two of the four lots have been developed;
Lot 5A is currently Scooters Superstore/Fuel Station and Lot 6R is currently
Chicken Express. The remaining lot, Lot 4A, is proposed to be rezoned for
office use as well under city case ZA18-017.
The purpose of the request is to rezone Lot 7R and obtain site plan approval to
accommodate the construction of a single story 4,500 square foot office
building.
SITE DATA:
Site Data Table for Lot 7R
Component Proposed Approved under 480-217
Zoning S-P-1 with O-1 uses S-P-2 with C-2 uses
Land Use Retail Commercial Retail Commercial
Site Acreage 0.74 acres 0.74 acres
Building Area
4,500 sf
Medical – 3,000 sf
General – 1,500 sf
2,625 sf drive-through
restaurant/retail
Impervious Lot Coverage 64.98% Per Approved Plan
Parking Required *26 sp 27 sp
Parking Provided 26 sp 27 sp
Department of Planning & Development Services
Case No.
ZA18-016
DEVELOPMENT
REGULATIONS:
Professional Offices at 2118 SH-114
USE AND DEVELOPMENT REGULATIONS FOR “SP1” ZONING
PERMITTED USES: Lot 7R
Any use permitted in the “O-1” Office District
DEVELOPMENT REGULATIONS:
This property shall be subject to the development regulations of the “O-1” Office
District, Section 18 of Zoning Ordinance No. 480, as amended, and all other applicable
regulations of Zoning Ordinance No. 480, as amended, with the following exception:
1. When calculating the number of required parking spaces, fractional parking spaces
may be rounded to the nearest whole number, allowing the *26 parking spaces shown
to meet the parking requirement.
ACTION NEEDED: 1. Conduct a public hearing
2. Consider Approval of Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated March 28, 2018
(D) Surrounding Property Owners Map and Responses
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to “S-P-1” Regulations
Link to Narrative
Link to Plans
Link to SPIN meeting report
Link to 2035 Corridor Committee Meeting Summary
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No. Attachment A
ZA18-016 Page 1
BACKGROUND INFORMATION
OWNER: Mayse Properties LLC
APPLICANT: Baird, Hampton & Brown
PROPERTY SITUATION: 2118 E. SH114
LEGAL DESCRIPTION: Lot 7R, Block 1, Mesco Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: “S-P-2” Generalized Site Plan District
PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses
HISTORY: -A Rezoning and Concept Plan (Mesco Addition) for S-P-2 zoning was
approved by City Council on October 1, 1996 under Planning Case
ZA96-109 approved “C-2” uses and restaurant pad site with drive thru
service for this site.
-A Final Plat was filed with Tarrant County Plat Records on July 3, 1997
which included Lots 4-7 of the Mesco Addition under Planning Case
ZA96-095.
-A Plat Revision was filed with Tarrant County Plat Records on February
16, 2011 for Lots 6R and 7R, Mesco Addition under Planning Case
ZA10-074.
CITIZEN INPUT: A SPIN meeting was held on January 23, 2018. Link to Spin Report
SOUTHLAKE 2035 PLAN: The proposed rezoning and site plan was presented to the Southlake
2035 Corridor Planning Committee and 2035 Land Use Committee
March 1, 2018. Link to Meeting Report
Consolidated Future Land Use Plan
The 2035 future land use designation
for the site is Retail Commercial which
is defined in the Southlake 2035 plan
as follows:
“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
Case No. Attachment A
ZA18-016 Page 2
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
There were no specific land use recommendations that came out of the
adopted SH114 Corridor Plan for this location.
Pathways Master Plan & Sidewalk Plan
The applicant is proposing to construct an 8’ sidewalk connecting the
existing adjacent sidewalks along the SH114 frontage road.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The development will be accessed from the existing common access
easement on the east and west adjacent properties.
Traffic Impact
A Traffic Impact Analysis (TIA) threshold worksheet was submitted and
reviewed by staff. No TIA will be required for this project.
TREE PRESERVATION: If the trees shown as borderline are able to be preserved, the proposed
preservation of existing canopy cover will comply with the Existing Tree
Cover Preservation Requirements of the Tree Preservation Ordinance.
The critical root zone of the trees indicated as borderline may be
disturbed by paving and/or grading resulting in a possible 0%
preservation. The existing tree cover is 14.5% and a minimum of 70% of
the existing tree cover is to be preserved. If borderline trees are saved,
the tree preservation will result in 73.2%.
The existing tree canopy area that would be lost if any or all of the trees
are affected by the construction are as follows;
12” Oak – 313 sq.ft.
18” Oak – 712 sq.ft.
20” Oak – 1,139 sq.ft.
20” Oak – 1,261 sq.ft.
UTILITIES: Water
There is an existing 12-inch water line on the south side of the lot along
State Highway 114 that will serve this development.
Sewer
There is an existing 10-inch sanitary sewer line also along State
Highway 114 that will serve this development.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated March 28, 2018.
Case No. Attachment A
ZA18-016 Page 3
General
Development
Standards
Applies? Comments
Overlay Regulations Yes Subject to requirements of Corridor Overlay
Requirements Met
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 65% under O-1 underlying zoning district
Requirement Met
Parking Yes Required parking per use and square footage equates to 27
spaces. S-P-1 regulation written to allow 26 spaces
Bufferyards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 42
Requirement Met
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-E Requirement only met through anticipated
preservation of marginal trees as shown on the submitted
tree preservation plan for proposed S-P-1 district.
Case No. Attachment B
ZA18-016 Page 1
Case No. Attachment C
ZA18-016 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA18-016 Review No.: Two Date of Review: 03/28/18
Project Name: Zoning Change and Site Plan – Lot 7R, Mesco Addition; 2118 E. SH 114
APPLICANT: Baird, Hampton & Brown OWNER: Mayse Properties LLC
Konstantine Bakintas, PE Richard Mayse
3801 William D. Tate, Ste 500 900 E Southlake Blvd., Ste 300
Grapevine, TX Southlake, TX
Phone: 817-251-8550 x301 Phone: 817-421-0770
Email: kb@bhbinc.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/19/18 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
* Based on the square footage proposed for medical and general office use, the required
number of off-street parking spaces is twenty-seven (27) and twenty-six (26) is shown to be
provided. An S-P-1 regulation has been written to allow twenty-six (26) spaces.
* Please note an application for an Amended Plat must be completed and all requirements of
Subdivision Ordinance No. 483, as amended, met before recordation in Tarrant County
records.
* Please verify masonry requirements are being met. Building shall have all exterior walls
constructed using a masonry material covering at least eighty percent (80%) of said walls,
exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walk-way
covers. Ordinance No. 557, as amended, Section 1.a.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* If the protected trees can be successfully preserved the proposed tree preservation would
comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation
Ordinance. There is 14.5% of existing tree cover on the site and a minimum of 70% of the tree
cover is required to be preserved. The applicant is proposing to preserve 73.2% of the existing
tree cover.
Case No. Attachment C
ZA18-016 Page 2
* The existing trees located within the south bufferyard landscape area are proposed to be
“Borderline” because the proposed parking, sidewalk, and utilities alter more than 25% of the
tree’s critical root zone area. The applicant is proposing to preserve the tree if possible but
does not know that probability of preserving them because Civil Engineering Plans are not
available. A protected tree shall be considered to be altered if more than twenty-five percent
(25%) of the critical root zone is adversely affected. If credits are taken for trees within the
bufferyard, replacement will be required if trees die or are removed.
The existing tree canopy area that would be lost if any or all of the trees are affected by the
construction are as follows;
12” Oak – 313
18” Oak – 712 sq.ft.
20” Oak – 1,139 sq.ft.
20” Oak – 1,261 sq.ft.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage of
existing tree cover at the time the first such permit was issued shall be used to calculate the
minimum existing tree cover that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the
entire site
Minimum percentage of the existing
tree cover to be preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-of-way as approved by City Council.
For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall
consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0). The Planning and
Zoning Commission shall review the application and make a recommendation to the City
Council regarding the application. The City Council shall approve the Plan or Analysis if the
Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so as to
maximize the preservation of environmental features of the property including mature tree
stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental
Resource Protection Map;
Case No. Attachment C
ZA18-016 Page 3
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
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:
* Existing tree credits are proposed to be taken for the south bufferyard required canopy and
accent trees. Existing tree credits shall only be granted if the tree/s are in healthy condition
and all requirements of the Tree Preservation Ordinance have been met as determined at the
time of inspection for a Permanent Certificate of Occupancy.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, PE
Deputy City Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. 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
Case No. Attachment C
ZA18-016 Page 4
installation and removal of controls. SWPPP shall be submitted by second review of the
civil construction plans.
3. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
4. 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.
5. The Traffic Impact Analysis threshold worksheet Criteria one indicates twenty seven (26)
parking spaces. Please list the correct number of parking spaces.
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.
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.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL 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. Fire apparatus access,
needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide and able to
support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW)
The Fire Lane for this structure must connect to the existing fire lanes on neighboring
Case No. Attachment C
ZA18-016 Page 5
properties. (Clearly label all Fire Lanes)
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) (Radius not indicated)
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.
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* 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.
* It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and
will require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479.
* Through the wholesale water customer contract with the City of Fort Worth, all new water
connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth
impact fee assessment is based on the final plat recordation date and building permit
issuance. The applicant is encouraged to review the City of Fort Worth's assessment and
collection of Impact Fees Guide to determine the fee amount.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
* Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall,
stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be
considered a masonry material when applied using a 3-step process over diamond metal lath
mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco
finish with equal or greater strength and durability specifications. Synthetic products (e.g.,
EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar
characteristics) shall not be considered a masonry material.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21,
Building Color Standards for Non-Residential Buildings.
* 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 D
ZA18-016 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. VICTRON STORES LP C3 401 N KIMBALL AVE 0.89 NR
2. CHAMATHIL, VARGHESE C3 2300 E SH 114 2.13 NR
3. TATE, JOHN T SP2 2120 E SH 114 0.92 NR
4. MAYSE, RICHARD A SP2 2118 E SH 114 0.75 NR
5. SANDCO HOLDINGS LP SP2 420 N KIMBALL AVE 0.54 NR
6. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR
7. BOWEN SL LTD I1 450 N KIMBALL AVE 0.37 NR
8. BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.32 NR
9. FUSSELMAN, BRUCE C3 2100 E SH 114 1.78 NR
10. MDP SOUTHLAKE LLC SP2 2102 E SH 114 1.56 NR
11. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR
12. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR
13. CHAMATHIL, VARGHESE AG 411 N KIMBALL AVE 1.62 NR
14. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 NR
15. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 NR
16. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Fourteen (14)
Responses Received: None