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Item 6ECase No. ZA18-0060 S T A F F R E P O R T January 29, 2019 CASE NO: ZA18-0060 PROJECT: Plat Revision for Lots 1R and 2R, Block A and Lot 8R, Block B, Southlake Bank Place EXECUTIVE SUMMARY: Frontier Equity, LLC is requesting approval of a Plat Revision for Lots 1R and 2R, Block A and Lot 8R, Block B, Southlake Bank Place on property described as a portion of Lot 1 (also described as Lots 1A and 1B) and Lot 2, Block A and Lot 8, Block B, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas and located at 400, 401, 413, and 451 Bank St., Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN Neighborhood #8. DETAILS: This project is located at the south end of Bank St. and it includes the existing lot at 525 Commerce St. The purpose of this request is to seek approval of a Plat Revision in association with the Site Plan for Darr Warehouse Complex (ZA18 -0059) to develop three office/warehouse buildings totaling approximately 182,129 square feet on approximately 12.645 acres. A Plat Revision is being processed to establish the boundary of the remaining portion of Lot 1, Block A, Southlake Bank Place as it currently exists and to relocate the lot lines and dedicate the easements as shown on the Site Plan. VARIANCES REQUESTED: 1) A variance is requested to the Tree Preservation Ordinance to allow the tree canopy preserved as shown. 2) Subdivision Ordinance No. 483, as amended, Section 8.01.D requires side lot lines to be perpendicular or radial to the street. The applicant is requesting a variance to allow the lot lines as shown between Lot 1R, Block A and Lot 8R, Block B, Southlake Bank Place. Department of Planning & Development Services Case No. ZA18-0060 The Planning and Zoning Commission recommended approval of the item at the January 17, 2019 meeting including the following stipulation: P&Z Commission Condition Applicant’s Response Noting the applicant’s willingness to discuss with the City a potential agreement on common access rights or a dedication of the road between Commerce St. and Bank St. To have the option of limiting traffic other than the traffic coming or going to the proposed development from using the driveway connection to Commerce St., the applicant is not proposing to dedicate a Common Access Easement on the driveway as part of this request. ACTION NEEDED: Consider approval of Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Plat Review Summary No. 2, dated January 29, 2019 (D) Surrounding Property Owners Map and Responses Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Plat Link to Traffic Impact Analysis Link to SPIN Report Link to Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-0060 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Frontier Equity, LLC PROPERTY SITUATION: This project is located at the south end of Bank St. and it includes the existing lot at 525 Commerce St. LEGAL DESCRIPTION: A portion of Lot 1 (also described as Lots 1A and 1B) and Lot 2, Block A and Lot 8, Block B, Southlake Bank Place, and Lot 5, Block A, Commerce Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: "I-1" Light Industrial District. HISTORY: - The property was annexed into the City in 1957. - A Zoning Change from “Agricultural” to “Light Industrial” was approved in 1981. - A plat for Southlake Bank Place was filed in 1984. - The I-1” Light Industrial District zoning was placed on the property with the adoption of Zoning Ord. No. 334 and the Official Zoning Map in 1986. - The I-1” Light Industrial District zoning was continued on the property with the adoption of Zoning Ord. No. 480 and the Official Zoning Map in 1989. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: The 2035 land Use designation on the property is Industrial. Industrial: Purpose and Definition: Industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be characterized by the manufacturing, processing, packaging, assembly, storage, warehousing and/or distribution of products. Ancillary commercial and retail activities associated with these uses are permitted. Public Parks / Open Space and Public / Semi-Public activities as described above may be permitted if surrounding industrial uses do not pose hazards and are sufficiently buffered. 2035 Southeast Sector Recommendation: Explore options for increasing accessibility to Bank Street in the 2035 Mobility Plan, such as a roadway connector parallel to F.M. 1709 or a roadway connection to the south. 2030 Mobility Plan Recommendation: MT19 -Bank Street Connector: This project includes the design and construction of a roadway connector parallel to FM 1709. The roadway connector will allow Bank Street to tie Case No. Attachment A ZA18-0060 Page 2 into Commerce Street which has an existing traffic signal at FM 1709. This project is necessary because the DFW Connector will prevent westbound FM 1709 access from Bank Street. Commuters would have to turn righ t, heading eastbound and then turn around in Grapevine to head west into Southlake. This project is critical for business retention as it will prevent existing businesses on Bank Street from relocating due to inaccessibility. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The project has frontage on Bank Street, a local commercial/industrial street, having approximately 60 ft. of R.O.W. with a 37 ft. wide street. A 30’ wide private driveway is proposed that connects to Commerce St. through Lot 5, Block A, Commerce Business Park. To prevent traffic other than the traffic coming or going to the proposed development from using the driveway connection to Commerce St., the applicant is not proposing to dedicate a Common Access Easement on the driv eway. Traffic Impact A Traffic Impact Analysis was prepared for this development. Link to TIA TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-E since it is a new development. The Tree Conservation Plan does not meet the preservation requirements of the ordinance. A variance is requested. UTILITIES: A 12’ water line in Commerce St. and a 6” water line in Bank St. exist to serve the property. Sanitary sewer will connect at the City’s lift station to the south of the site. DRAINAGE: Drainage on the property is collected in grate inlets and carried to two detention ponds at the southern portion of the property. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held January 8, 2019. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held on November 14, 2018. Link to Corridor Planning Committee report PLANNING AND ZONING COMMISSION ACTION: January 17, 2019; Approved (5-0) subject to staff report dated January 11, 2019, granting the variances requested in that staff report and further subject to Plat Review Summary No. 2, dated January 11, 2019 and noting the applicant’s willingness to discuss with the City an agreement for common access and/or dedication of the road between Commerce St. and Bank St. STAFF COMMENTS: Attached is Revised Plat Review Summary No. 2, dated January 29, 2019. Variance Approval Criteria for Drivewa y Ordinance No. 634, as amended: Case No. Attachment A ZA18-0060 Page 3 Variances – The City Council shall have the authority to grant a variance to this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, th at the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self -imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Variance Approval Criteria for Tree Preservation Ordinance No. 585-E: VARIANCES: The City Council may authorize a variance to any provision of this Ordinance following a recommendation from the Planning and Zoning Commission. A request for a variance to any provision in this Ordinance shall be accompanied by a Tree Conservation Analysis or Tree Conservation Plan as outlined in Article 6, or other documentation requested by the Administrative Official, and the following factors shall be considered in evaluating the variance request: i. Whether a literal enforcement of the Ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; ii. Whether the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self - imposed; iii. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; iv. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; v. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site; vi. Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture retention, flow of surface water, and drainage systems; vii. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non - residential uses; viii. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees; ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; Ordinance 585-D 26 Adopted November 20, 2007 Southlake Tree Preservation Ordinance & Technical Manual x. Whether the alteration adversely affects the public health, safety or welfare; and xi. Whether the granting of the variance will be in harm Case No. Attachment A ZA18-0060 Page 4 APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Non-Residential Development Overlay - Not subject to General Development Standards Building Articulation N Not Required Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies subject to Site Data Review Summary changes Interior Landscape Y Complies subject to Site Data Review Summary changes Tree Preservation Y Variance Requested Sidewalks Y Complies Case No. Attachment B ZA18-0060 Page 1 Case No. Attachment C ZA18-0060 Page 1 REVISED PLAT REVIEW SUMMARY Case No.: ZA18-0060 Review No.: Two Date of Review: 01/29/19 Project Name: Plat Revision – Lot 1R, Block A and Lot 8R, Block B, Southlake Bank Place APPLICANT: Todd Marchesani ENGINEER: Ryan Koch Frontier Equity, LLC Pacheco Koch 5950 Berkshire Lane, Suite 900 7557 Rambler Rd, Suite 1400 Dallas, TX Dallas, TX 75231 Phone: (972) 235-9544 Phone: (972) 235-9544 E-mail: tmarchesani@frontierequity.com E-mail: rkoch@pkce.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/11/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVA L UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. * The plat must comply with the underlying zoning. 1. The following changes are needed with regard to the legal description: a. The metes and bounds description will be reviewed on subsequent reviews. 2. Subdivision Ord. No. 483, as amended, Section 8.01.D requires that all side lot line be perpendicular to the right of way lines, or radial in the case of a cul-de-sac or curvilinear design. The proposed lot lines to the west of the cul-de-sac do not comply with this requirement. A variance is requested. 3. Zoning Ord. No. 480, Section 33.19 and Subdivision Ord. No. 483, as amended, require a 5’ sidewalk to be constructed along the rights of way on the proposed Lot 1R, Block A , Southlake Bank Place and Lot 5R, Block A, Commerce Business Park. The sidewalk on Bank St. is shown on the Site plan. Show and label the required sidewalk on Commerce St. 4. Add the following note to the face of the plat: a. The owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision Ordinance. 5. The following changes are needed with regard to easements: a. Provide, show and label a common access easement to the City’s lift station to the south of the property. b. A water line is proposed to be installed across Lot 5, Block A, Comme rce Business Park to connect to the existing water line in Commerce St. The water line must be in a u tility easement. Since the lot is not included in the plat, the easement must be added by separate instrument or by processing an Amended Plat. City staff recommends providing a common access and utility easement in the location of the 30’ wide driveway shown to be provided from Bank St. to Commerce St. on the associated Site Plan case No. ZA18 - 0059. Case No. Attachment C ZA18-0060 Page 2 Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Grading is proposed within the critical root zone area of existing trees proposed to be preserved and taken bufferyard landscaping existing tree credits for within the west and east property lines. Ensure that the grading does not alter the existing trees proposed to be preserved and complies with the regulations of the Tree Preservation Ordinance 585 -E. 2. The existing tree cover calculations are unclear and the percentage of existing tree cover to remain is not provided. It appears that a variance to the Tree Preservation Ordinance is required. Provide the three (3) following calculations for the existing tree cover on the site. - Amount of existing tree cover - % - Minimum amount of existing tree cover to be preserved - % - Amount of existing tree cover to remain - % * 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 a t 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 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. Case No. Attachment C ZA18-0060 Page 3 # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil 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. 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 polluti on (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 dur ing 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. 3. 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. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacen t 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. 2. The following note shall be added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. 3. A drainage easement shall be required for the detention pond/s. ADDITIONAL COMMENTS: Case No. Attachment C ZA18-0060 Page 4 Site Plan 1. Show offsite topo to validate off-site drainage areas. 2. Show flow direction arrows. 3. Provide land use/zoning information to justify C values. Use of c = 0.8 seems too low for EX-4 and too high for EX-1. 4. Show/label the point to which each drainage area drains. (Several drainage areas say that they drain to an existing curb inlet, but I can’t see the inlets or the existing storm drain lines.) 5. So there’s a north/south swale for the entire length of the east side of drainage area EX 4? Where does it go? 6. C2.2 7. All offsite areas should be shown on proposed drainage area map. EX 4 from the existing drainage area map is omitted. 8. Show flow direction arrows. 9. OS 1 thru OS 10 are show and labeled in the plan view, but only OS 1 thru OS 4 are shown in the drainage area table. 10. Do all OS drainage areas sheet flow into proposed site? Difficult to tell how this is accounted for in some areas. 11. It is unclear where DA 8 and DA 9 drain and how they are accounted for in storm drain design. 12. Should show and label detention areas in proposed drainage area map. 13. It’s unclear where and how detention ponds discharge. Please clarify. C2.5 1. Please clarify what is meant by “truck detention.” If this is intended to be above-ground parking-lot detention, confirm with City engineering staff that this is allowable. 2. Provide detention calculations for the 1-, 10-, and 100-year events. 3. Detention calculations should account for offsite areas and bypass areas. 4. Provide a pond routing summary that includes the target flow, peak inflow, peak outflow, peak stage, and peak discharge for each return event for each pond. 5. Provide outlet structure rating tables/curves. C3.2 1. There are a couple of proposed 6” sewer lines shown at 0.2% and 0.23% slope. These are too flat. 2. There appear to be several existing utilities crossing through the site, particularly along the existing sewer pipeline easement that dissects the tract. Please more clearly label the lines. It is difficult to tell what is what. 3. Are the existing 6” sewer and 6” water within the sewer pipeline easement to remain? Please clarify. If they are to remain, it seems that the proposed storm drain may conflict in some areas. 4. Is the City of Southlake parcel at the south end of the project a sewer lift station site? Or some other facility? Please clearly show and label. 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 construct ion plan checklist, standard details and general notes which are located on the City’s website: Case No. Attachment C ZA18-0060 Page 5 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 geotechnical report will be required for all private and public roadways. The geotechnic al report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. 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 Deputy Fire Chief/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 systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Label riser room locations) Fire Department Connections for the sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC locations not indicated on the plans) (Add FDC locations, wall mount or remote connectio n to meet the distance requirements, or add hydrant as necessary) Largest building does not have a fire hydrant within 100 feet of the proposed pump room, which is assumed to be the riser room location. FIRE LANE COMMENTS: 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) ============= The following should be informational comments only ==================== Case No. Attachment C ZA18-0060 Page 6 * A SPIN meeting was held on January 8, 2019. * It appears this property lies within the 75 and 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the “Avigation Easement and Release” shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * All plats filed must have an original signed and stamped Tax Certificate submitte d with it from each taxing unit with jurisdiction of the real property, indicating that no delinquent taxes are owed and that taxes for the current year have been paid. After September 1st, a certificate showing that the taxes for that year are paid, but that the taxes for the upcoming year have yet to be calculated is required. (House Bills 1563 & 3101). A copy of this information may be obtained from the Tarrant County Tax Assessor/Collector’s Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s office at 817 -212-6847. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required. * Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy with original signatures. * 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. * For Tarrant County filing, original signatures and seals will be required on one blackline mylar and one blackline paper copy prior to filing the plat. The mylar and paper copies will not be accepted if any erasures or original ink, other than signatures or seals, app ear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off-site drainage and utility easements and impact fees. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Denotes Informational Comment Case No. Attachment D ZA18-0060 Page 7 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. SOUTHLAKE CAMPUS INC C3 301 BANK ST 4.99 NR 2. DARR EQUIPMENT LP I1 300 BANK ST 1.57 NR 3. CADDIS PROPERTIES LTD I1 351 BANK ST 0.59 NR 4. DARR EQUIPMENT OPERATING CO I1 401 BANK ST 1.24 NR 5. DARR EQUIPMENT OPERATING CO I1 413 BANK ST 6.00 NR 6. DARR EQUIPMENT OPERATING CO I1 451 BANK ST 6.51 NR 7. DOTTY CORP I1 427 BANK ST 0.46 NR 8. DARR EQUIPMENT OPERATING CO I1 400 BANK ST 4.12 NR 9. DARR EQUIPMENT OPERATING CO I1 350 BANK ST 1.45 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Four – (4) Responses Received: None (0)