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Item 6A Case No. ZA18-0034 S T A F F R E P O R T January 8, 2019 CASE NO: ZA18-0034 PROJECT: Zoning Change and Concept/Site Plan for Central Market Curbside Pick Up EXECUTIVE SUMMARY: On behalf of Carroll/1709, Ltd., Cates-Clark & Associates, LLP is requesting 2nd Reading approval of a Zoning Change and Concept/Site Plan for Central Market Curbside Pick Up on property described as Lots 1-6, Block 1, Shops of Southlake, an addition to the City of Southlake, Tarrant County, Texas, and located at 251 and 275 S. Carroll Ave. and 1201-1451 E. Southlake Blvd., Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #8. DETAILS: The proposed curbside pick up parking spaces are in front of Central Market and the Toy Maven in the Shops of Southlake at the southeast corner of E. Southlake Blvd. and S. Carroll Ave. The Zoning Change and Concept/Site Plan was originally proposed to allow covered parking spaces as a permitted accessory use and structure for curbside pickup at Central Market. The City Council approved the item at 1 st Reading on December 4, 2018 with the condition that the covered parking be removed from the plans for 2 nd Reading. The proposed improvements now include five (5) designated pickup spaces adjacent to the expansion with no covered parking, an expansion into the space currently occupied by The Toy Maven, and three (3) designated spaces across the driveway from the expansion. The existing parking lot landscaping island with one canopy tree and ground cover in front of the proposed expansion area is proposed to be removed. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 3, dated January 7, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-454a Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative and Regulations Link to Plans Link to Corridor Planning Committee Report Department of Planning & Development Services Case No. ZA18-0034 Link SPIN meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-0034 Page 1 BACKGROUND INFORMATION OWNER: Carroll/1709, Ltd. APPLICANT: Cates-Clark & Associates, LLP PROPERTY SITUATION: In front of Central Market and the Toy Maven in the Shops of Southlake at the southeast corner of E. Southlake Blvd. and S. Carroll Ave. LEGAL DESCRIPTION: Lots 1-6, Block 1, Shops of Southlake LAND USE CATEGORY: Town Center CURRENT ZONING: “S-P-2” – Generalized Site Plan District PROPOSED ZONING: “S-P-2” – Generalized Site Plan District HISTORY: -A rezoning and concept plan for “S-P-2” zoning was approved in May of 1996. -A revised concept plan was proposed in 1999 and deemed to be inconsistent with the “S-P-2” zoning by the Southlake Zoning Board of Adjustments. -City Council approved a Zoning and Concept Plan (ZA05-022) to “S-P-2” Generalized Site Plan District on May 17, 2005. -A Preliminary Plat (ZA05-023) was also approved by City Council on May 17, 2005. -A Final Plat (ZA05-096) was approved in September 2005. -A Site Plan (ZA05-095) was approved October 4, 2005 for the majority of the site. - A Site Plan (ZA05-156) for building A3 was approved February, 21, 2006. - A Site Plan (ZA08-079) for buildings A1, A2 and E was approved October 7, 2008. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation is Town Center. Town Center Purpose: The purpose of the Town Center land use district is to encourage the creation of a pedestrian-oriented, mixed-use urban environment that serves as Southlake’s downtown and center of community life. Definition: The Town Center land use designation is intended to enhance and promote the development of the community’s downtown. The goal is to create an attractive, pedestrian-oriented environment that becomes the center of community life in Southlake. It may include compatibly designed retail, office, cultural, civic, recreational, hotel and residential uses. All uses shall be developed with a great attention to design detail and will be integrated into one cohesive district or into distinct sub-districts, each with its own unique characteristics. A mix of different uses is encouraged to create a vibrant, lively, and unique environment. Case No. Attachment A ZA18-0034 Page 2 TREE PRESERVATION: One existing canopy tree is proposed to be removed in the existing parking lot landscape island. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting for this project was held on September 25, 2018. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held on September 12, 2018. Link to Corridor Planning Committee Report PLANNING AND ZONING COMMISSION: October 4, 2018, A motion to table this item to the October 18, 2018 meeting at the request of the applicant was approved (5-0). October 18, 2018, A motion to table this item to the November 8, 2018 meeting at the request of the applicant was approved (5-0). November 8, 2018, Approved (4-0) referencing the staff report dated September 2, 2018 and Site Plan Review Summary No. 2, dated September 28, 2018, noting the applicant’s willingness to have an employee present to load and assist backing out of the covered parking areas and the applicant’s willingness to come back to the City if the use of the covered parking structure changes in the future. CITY COUNCIL: December 4, 2018, Approved at 1 st reading (7-0) subject to the staff report dated November 27, 2018 and Site Plan Review Summary No. 2, dated September 28, 2018, however, noting that the applicant is agreeing to come back at 2 nd reading with a proposed plan that includes no covered parking. STAFF COMMENTS : Attached is Site Plan Review Summary No. 3, dated January 7, 2019. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Airport, Corridor and Residential Adjacency (Complies) Building Articulation N/A Not Applicable Masonry Standards N/A Not Applicable Impervious Coverage Y Complies Bufferyards Y Complies – no changes to existing bufferyards Interior Landscape Y Removing one landscape island Tree Preservation Y Removing one canopy tree Sidewalks Y Complies – sidewalks are existing Case No. Attachment B ZA18-0034 Page 1 Case No. Attachment C ZA18-0034 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0034 Review No.: Three Date of Review: 01/07/19 Project Name: Site Plan – Central Market Curbside Pick Up APPLICANT: Bob Pruett OWNER: David C. Palmer Cates-Clark and Associates, LLP Carroll/1709, Ltd. 14800 Quorum Dr., #200 3102 Maple Ave., #350 Dallas, TX Dallas, TX Phone: (972) 385-2272 Phone: (214) 720-6600 E-mail: rpruett@cates-clark.com E-mail: dpalmer@weitzmangroup.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/03/19 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 RICHARD SCHELL AT (817) 748-8602. * An amended plat that conforms to the underlying zoning district must be recorded with the County prior to the issuance of any building permits. * All lighting must comply with the lighting requirements for the Shops of Southlake and the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 LANDSCAPE COMMENTS: * To construct the designated parking spaces, one (1) existing landscape canopy tree and some ground cover plant material are proposed to be removed. The required parking lot landscape area for the parking row is still being met after the removal of the island. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Kevin Ferrer, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us No comments. Case No. Attachment C ZA18-0034 Page 2 Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments. General Informational Comments * A SPIN meeting was held on September 25, 2018. * 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 from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the lighting requirements for the Shops of Southlake and the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. * 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. * In addition to the City of Southlake impact fees, please be aware that 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. * Denotes Informational Comment Case No. Attachment D ZA18-0034 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. TOWN SQUARE VENTURES LP DT 141 GRAND AVE 3.62 NR 2. TOWN SQUARE VENTURES LP DT 115 GRAND AVE 0.38 NR 3. TOWN SQUARE VENTURES LP DT 112 STATE ST 0.38 NR 4. SOUTHLAKE, CITY OF DT 1400 E SOUTHLAKE BLVD 0.94 NR 5. TOWN SQUARE VENTURES LP DT 1430 E SOUTHLAKE BLVD 0.27 NR 6. CARROLL/1709 LTD SP2 1201 E SOUTHLAKE BLVD 8.67 NR 7. ALI, ZULFIQAR SF20B 300 LAKESIDE CT 0.57 NR 8. JABERI, PARVIZ SF20B 302 LAKESIDE CT 0.51 NR 9. CRAVENS, JANE H SF20B 304 LAKESIDE CT 0.54 NR 10. JACKSON, GREG SF20B 306 LAKESIDE CT 0.70 F 11. MEYER REVOCABLE TRUST SF20B 1302 WESTMONT CT 0.46 NR 12. GRIFFITH, MARK E SF20B 1210 WESTMONT DR 0.79 NR 13. DRAKE, THOMAS E SF20B 1212 WESTMONT DR 0.63 NR 14. DAVIS, JAMES H SF20B 1300 WESTMONT CT 0.47 NR 15. THOMPSON, BRYAN SF20B 1214 WESTMONT DR 0.53 NR 16. ANDRES, JASON B SF20B 1216 WESTMONT DR 0.46 NR 17. PELLETTIERI, J M SF20B 1224 WESTMONT DR 0.46 NR 18. DALY, MARGARET SF20B 1218 WESTMONT DR 0.46 NR Case No. Attachment D ZA18-0034 Page 2 19. KREBS, DEVIN N SF20B 1220 WESTMONT DR 0.46 NR 20. ENGELHARDT, ROBERT SF20B 1222 WESTMONT DR 0.46 NR 21. BELLANY, RODNEY SF20B 308 LAKESIDE CT 0.50 NR 22. NEWLIN, PATRICIA S SF20B 310 LAKESIDE CT 0.47 NR 23. TOWN SQUARE VENTURES IV LP DT 1500 E SOUTHLAKE BLVD 0.28 NR 24. CARROLL/1709 LTD SP2 251 S CARROLL AVE 0.93 NR 25. SOUTHLAKE, CITY OF SP2 1401 E SOUTHLAKE BLVD 0.78 NR 26. CARROLL/1709 LTD SP2 1425 E SOUTHLAKE BLVD 7.38 NR 27. HEALTH CARE REIT INC SP2 1565 E SOUTHLAKE BLVD 4.29 NR 28. CARROLL/1709 LTD SP2 275 S CARROLL AVE 2.43 NR 29. CARROLL/1709 LTD SP2 1451 E SOUTHLAKE BLVD 8.93 NR 30. TOWN SQUARE VENTURES LP DT 140 STATE ST 3.28 NR 31. TOWN SQUARE VENTURES LP DT 1200 E SOUTHLAKE BLVD 1.01 NR 32. EXCEL SOUTHLAKE LP SP1 1035 E SOUTHLAKE BLVD 16.95 NR 33. KARIC, ZLANTAN RPUD 313 WOODSONG WAY 0.59 NR 34. EXCEL SOUTHLAKE LP SP1 300 S CARROLL AVE 2.38 NR 35. GREENWAY-SOUTHLAKE OFFICE PRTN SP1 1110 E SOUTHLAKE BLVD 1.99 NR 36. CAMBRIDGE 114 INC SP2 1545 E SOUTHLAKE BLVD 5.08 NR 37. CAMBRIDGE 114 INC SP2 1555 E SOUTHLAKE BLVD 3.06 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-four (24) Responses Received within 200’: One (1) Case No. Attachment D ZA18-0034 Page 3 Case No. Attachment E ZA18-0034 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-454a 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 1-6, BLOCK 1, SHOPS OF SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS S BEING APPROXIMATELY 29.13 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, 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 “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA18-0034 Page 2 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 ad 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 Case No. Attachment E ZA18-0034 Page 3 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: Being described as Lots 1-6, Block 1, Shops of Southlake, an addition to the City of Southlake, Tarrant County, Texas being approximately 29.13 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the Case No. Attachment E ZA18-0034 Page 4 following conditions: 1. List any conditions 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 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. Case No. Attachment E ZA18-0034 Page 5 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 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. Case No. Attachment E ZA18-0034 Page 6 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it 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 _____, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the _____ day of _______, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA18-0034 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0034 Page 8 EXHIBIT “A” Being described as Lots 1-6, Block 1, Shops of Southlake, an addition to the City of Southlake, Tarrant County, Texas according to the plat filed in Cabinet A, Page 12457, Plat Records, Tarrant County, Texas, and being approximately 29.13 acres. Case No. Attachment E ZA18-0034 Page 9 EXHIBIT “B” Reserved for approved Site Plan