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Item 7FCase No. ZA18-0057 S T A F F R E P O R T January 29, 2019 CASE NO: ZA18-0057 PROJECT: Zoning Change and Site Plan for District 114 at Kimball Park EXECUTIVE SUMMARY: On behalf of Medici Development Partners and Bruce and Michelle Fusselman , BOKA Powell, LLC is requesting 1st reading approval of a Zoning Change and Concept/Site Plan for District 114 at Kimball Park on property described as Lots 1 - 6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot A1, Block A, Briarwood Estates, Phase I) an addition to the City of Southlake, Tarrant County, Texas, located at 2100-2116 E. State Hwy. 114, Southlake, Texas. Current Zoning: "S -P- 2" Generalized Site Plan District and “C-3” General Commercial District. Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: This project is located at the northeast corner of E. State Hwy. 114 and Cherry Ln., approximately 600 feet west of the intersection of E. State Hwy. 114 and N. Kimball Ave. The purpose of this request is to seek 1st reading approval of a Zoning Change and Concept/Site Plan to develop a three- and four-story, approximately 94,650 square foot mixed use building on approximately 3.301 acres. The property includes the existing Lot 2 of Kimball Park, which was originally approved for an approximately 10,000 square foot restaurant in the “S-P-2” zoning district and the existing Lot A, Block A, Briarwood Estates, Phase I, which currently contains the Lake Cities Animal Clinic in an approximately 1,306 square foot building at 2100 E. S.H. 114. The Lake Cities Animal Clinic lot is currently zoned “C -3” General Commercial District. The two lots are proposed to be combined into one lot that will be pa rt of the Kimball Park “S-P-2” zoning district. The proposed zoning on the lot is “S-P-2” with “C-2” uses and regulations. The eastern portion of the mixed use building is proposed to be four (4) stories and the western portion of the building is proposed to be three (3) stories. The proposed uses will include general and medical office predominantly on the upper floors with retail, restaurant and office uses on the first floor. A four-level parking garage with 300 spaces is shown to be connected to the rear of the building with direct access into the building. Multi-level parking garages typically require approval of a Specific Use Permit, so the applicant has added the garage as a permitted use in the proposed “S -P-2” regulations. Driveway access to the garage is proposed off of Cherry Ln. Access to 48 surface parking spaces will be from the main driveway into Kimball Park off of S.H. 114 and from a driveway on Cherry Ln. The Land Use Designation on the lot at 2100 E. S.H. 114 is Office Commercial. An amendment to the Land Use Map in the 2035 Comprehensive Plan from Office Commercial to Mixed Use is requested for that lot (See Case No. CP18-0005). Department of Planning & Development Services Case No. ZA18-0057 Site Data Summary Lot 2R Existing Zoning “S-P-2” and “C-3” Proposed Zoning “S-P-2” Land Use Designation Mixed Use and Office Commercial Proposed Land Use Designation Mixed Use Gross/Net Acreage 3.301 ac. Total Building Floor Area (sq.ft.) Lobby Retail Restaurant Medical Office General Office 94,650 7,769 7,966 16,265 29,000 33,650 Building Height/Number of Stories 75’ 4 stories Open Space % 22.11% Impervious Coverage % 77.89% Total Parking Required (S-P-2) 348 Total Parking Spaces Provided 348 The “S-P-2” zoning for the proposed Lot 2R will follow the “C-2” Local Retail Commercial District regulations with the following exceptions: Regulation “C-2” “S-P-2” Max. Impervious Coverage 70% 70% for Kimball Park as a whole Maximum Height 35’ 2 ½ stories 75’ 4 stories Front Yard Setback 30’ on Cherry Ln. 20’ on Cherry Ln. (±25’ shown) Bufferyards 25’ Type ‘J’ along S.H. 114 10’ Type ‘C’ along Cherry Ln. 10’ Type ‘E’ along S.H. 114 and 10’ Type ‘C’ along Cherry Ln. w/ reduced bufferyard plantings as shown Off Street Parking 521 spaces 348 spaces (Kimball Park parked as a whole per S-P-2) VARIANCES REQUESTED: 1) Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 150’ if the average number of parking spaces per driveway is 200 or more spaces and the total number of spaces is 200 or more spaces. The applicant is proposing stacking depths of approximately 54’ on the southern Cherry Ln. driveway and approximately 30’ on the existing S.H. 114 driveway. A variance was approved with the original “S-P-2” zoning to allow the stacking depth as shown on the S.H. 114 driveway. The parking garage does not have direct driveway access to the rest of the site, so the required stacking depth on the two garage driveways is 100’ (more than 200 spaces total and between 50 and 199 spaces per driveway). The applicant is proposing approximately 71’ of stacking depth for the southern garage driveway and approximately 32’ for the northern driveway. Case No. ZA18-0057 2) Driveway Ordinance No. 634, as amended, requires a minimum 100’ centerline spacing between the garage driveways on Cherry Ln. A varia nce is requested to allow the 60’ centerline spacing shown. 3) Driveway Ordinance No. 634, as amended, requires the minimum driveway spacing from an intersection on Cherry Ln. to be 100’. The applicant is request a variance to allow a spacing of approxima tely 40’ measured from the right of way line/property line to the centerline of the driveway. 4) Driveway Ordinance No. 634, as amended, Section 5.2.c, prohibits commercial driveways on collector or local streets unless the lot has no other access. A variance may be required to allow the three driveways on Cherry Ln. The Director of Public Works will make a determination on the need for a variance request. 5) A variance to Landscape Ord. No 544, as amended, is request to allow the interior landscape area and materials as shown on the plan. 6) A variance to Masonry Ordinance 557, as amended, is requested to allow the percentage of masonry materials shown in the materials charts on the elevation. The request for a variance to the Masonry Ordinance has been withdrawn. The metal panels previously shown have been revised to an elastomeric coating that meets the requirements of the Masonry Ordinance. The Planning and Zoning Commission recommended approval of the item on January 17, 201p with the following condi tions: P&Z Commission Conditions Applicant’s Response Noting the applicant’s willingness to come up with a potential alternative plan with respect to the landscaping bordering S.H. 114 The applicant has submitted a rendering of a proposed berm with trees along S.H 114. Noting the applicant’s willingness to work on the pedestrian connectivity to the north. The applicant has submitted a rendering showing a possible pedestrian connection to the Cambria Hotel to the north. ACTION NEEDED: Consider 1st 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 29, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-657C Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative Variance Request Letter Link to “S-P-2” Regulations Link to Trip Generation Memo Link to Parking Analysis Link to Plans Link to Exhibits to Address P&Z Co mmission Conditions of Approval Case No. ZA18-0057 Link to Comprehensive Plan 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 ZA18-0057 Page 1 BACKGROUND INFORMATION OWNER: Medici Development Partners and Bruce and Michelle Fusselman APPLICANT: BOKA Powell, LLC PROPERTY SITUATION: This project is located at the northeast corner of E. State Hwy. 114 and Cherry Ln., approximately 600 feet west of the intersection of E. State Hwy. 114 and N. Kimball Ave. LEGAL DESCRIPTION: Lots 1-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot A1, Block A, Briarwood Estates, Phase I LAND USE CATEGORY: Mixed Use and Office Commercial PROPOSED LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-2" Generalized Site Plan District and “C-3” General Commercial District. PROPOSED ZONING: "S-P-2" Generalized Site Plan District HISTORY: - A Zoning Change from “O-1” Office District to “C-3” General Commercial District for Lot A, Block A, Briarwood Estates, Phase I was approved in 1991 for Lake Cities Animal Clinic. - A Zoning Change and Concept/Site Plan (ZA12-067) from “I-1” Light Industrial District to “S-P-2” Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved June 2, 2015. - A Zoning Change and Site Plan (ZA15-142) from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S-P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one-level parking garage was approved March 1, 2016. - A Site Plan (ZA17-002) for Kimball Park Lot 5 Retail/Restaurant, which includes an approximately 9,176 square foot, one -story building on approximately 1.27 acres was approved February 21, 2017. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: A detailed Comprehensive Plan Analysis has been prepared for this development. Link to Comprehensive Plan Analysis Case No. Attachment A ZA18-0057 Page 2 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property has access to surface parking from the existing main entry driveway to Kimball Park on the S.H. 114 frontage road and from one driveway on Cherry Ln. Access to the proposed multi-level parking garage is from two driveways on Cherry Ln. There is no internal driveway access from the parking garage to the rest of the Kimball Park development. Traffic Counts SH 114 Frontage Rd (007W) (Between Kimball Ave. and SH 114 entrance ramp) 24hr West Bound (3,956) East Bound AM 279 (11:45 – 12:45) N/A PM 581 (17:15 – 18:15) N/A * Based on the (2018) City of Southlake Traffic Count Report Traffic Impact A trip generation memo was prepared for this development. Link to Trip Generation Memo TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D since it is being rezoned. There is approximately 15% existing tree cover on the site, of which, approximately 15.7% is proposed to be preserved. A standard zoning district would require that a minimum 70% of existing tree cover be preserved. 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. 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; 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; Case No. Attachment A ZA18-0057 Page 3 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. UTILITIES: A 12” water line and an 8” sewer line exist in S.H. 114 to serve the property. DRAINAGE: Drainage on the property is generally from west to east to the main Kimball Park driveway and then into the creek in the Kimball Park open space lot. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held December 11, 2018. 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: January 17, 2019; Approved (5-0) subject to the staff report dated January 16, 2019 and Revised Site Plan Review Summary No. 2, dated January 16, 2019 granting the variances requested in the staff report and noting the applicant’s willingness to come up with a potential alternative plan with respect to the landscaping bordering S.H. 114 and also noting the applicant’s willingness to work on the pedestrian connectivity to the north. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated January 29, 2019. Variance Approval Criteria for Drivewa y Ordinance No. 634, as amended: 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 Landscape Ordinance 544, as amended: VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision by the Landscape Administrator, shall file a written appeal with the City Manager for consideration by the City Council. Such appeal shall be accompanied by adequate graphic reproductions, a written summary of the request, and justification for such request. The City Council shall have the authority to grant an interpretation or variance to the requirements of this Case No. Attachment A ZA18-0057 Page 4 ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to t he 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. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor Overlay and Residential Adjacency Overlay Building Articulation Y “S-P-2” Regulation Masonry Standards Y “S-P-2” Regulations Impervious Coverage Y “S-P-2” Regulation Bufferyards Y “S-P-2” Regulation Interior Landscape Y Variance Requested Tree Preservation Y Approved with “S-P-2” zoning Sidewalks Y Complies Case No. Attachment B ZA18-0057 Page 1 Case No. Attachment C ZA18-0057 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-0057 Review No.: Three Date of Review: 01//19 Project Name: Zoning Change and Concept/Site Plan – Kimball Park Phase IV APPLICANT: Dennis Gulseth OWNER: Jeff Medici Boka Powell, LLC Medici Development Partners 8070 Park Lane, Suite 300 2106 E. SH 114, Ste. 103 Dallas, TX Southlake, TX 76092 Phone: (972) 701-9000 Phone: (214) 784-1617 E-mail: dgulseth@bokapowell.com E-mail: jeff@medicidp.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/31/18, 01/11/2019, 01/16/2019 AND 01/29/2019 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. 1. An appropriate plat must be processed, approved and recorded for the proposed Lot 2R. 2. Please make the following changes to the Concept Plan and Concept Data (Sheets S3.1 and S3.2): a. Show the parking spaces and islands on all developed lots as they currently exist and correct the parking spaces provided for each lot and in total in the Concept Data chart as needed. Parking islands were widened and spaces were reconfigured south of the building on Lot 5, there are 8 spaces on each of the rows that show 9 spaces (two spaces removed, see site plan with approved construction plan ). There are 50 spaces total on Lot 5 instead of the 52 spaces shown in the chart. Spaces were also removed by the roundabout on the hotel lot (4 spaces exist instead of the 6 spaces shown on the northernmost row by the roundabout). There are 209 spaces on Lot 1. Add parking row count labels to Lot 1 with the correct number of spaces as they exist and revise the number of spaces per lot and in total in the chart on the Concept Plan, in the S -P-2 regulations, and in the parking analysis by Halff and Associates. The total number of spaces provided is 1106. Please also show any spaces that may be removed on Lot 1 for a pede strian connection to and from Lot 2R, if any. b. Add a separate row for Land Use Designation (Proposed) and change the one shown to (Land Use Designation (Existing). The proposed designation will be Mixed Use for all of Lot 2R. c. Show the footprint as one building using dashed lines across the covered walkway and label the portion of the footprint that is covered walkway on ground floor. 3. Please make the following changes to the S-P-2 regulations: a. On the first page of the S-P-2 regs, please add "...to also include:" after "C-2 Local Retail Commercial District" to match the wording for Lots 1 and 3. Add "Event space for civic groups" as a permitted use in Lot 2R and change "Special Use Permit" to "Specific Use Permit". Case No. Attachment C ZA18-0057 Page 2 b. Per Section 43.9.c.1.e of the Corridor Overlay Section of the Zoning Ordinance, exposed structural support columns shall be constructed of, or clad in, the same masonry material as the principal structure. Please label all column materials on the elevations and add an S-P-2 regulation to address any columns that are proposed to be constructed of , or clad in, a nonconforming material. 4. Please make the following changes to the Site Plan (Sheet 3.0): a. The required parking cannot exceed the parking provided. Correct the required parking in the Site Data Summary Chart to 348, which is the required numbers of spaces per the S- P-2 regulations and not the required parking per Zoning O rd. No. 480. b. Add a separate row for Land Use Designation (Proposed) and change the one shown to (Land Use Designation (Existing). The proposed designation will be Mixed Use for all of Lot 2R. c. In the Site Data chart, please remove the rows labeled “Building 1” and “Building 2” in the Site Data chart and just show one row for the total proposed building footprint, the number of stories and the building height. Show the overall height of 75’ only. Please add a row for the garage footprint area. d. Please dimension the stacking depth on the S.H. 114 driveway per the Driveway Ordinance. The correct dimension is from the edge of the driveway in front of the building to the S.H. 114 right of way/property line . Approximately 30’ of stacking depth is shown on the E. S.H. 114 driveway. e. Please dimension the distance from the right of way line/property line to the centerline of the driveway for the distance to an intersection on Cherry Ln. The minimum required distance is 100’. A variance is requested. f. The fire lane in front of the building scales to 22’ and not 24’ with and engineer’s scale. Please ensure that there is adequate distance for the fire lane and parking as shown and revise the plan so that all dimensions shown are to scale. Show the fire lane with a light gray shading to the correct width. g. Show the footprint as one building using dashed lines across the covered walkway and label the portion of the footprint that is covered walkway on ground floor. 5. The following comments pertain to the Variance Request Letter: a. The following variances are requested to the Driveway Ordinance No. 634, as amended: i. The applicant is requesting variances to the stacking depths on all three driveways on Cherry Ln. in addition to the main driveway on S.H. 114. The correct dimensions for the garage driveways are 71’ for the southern driveway and 32’ for the northern driveway. The stacking on the southernmost driveway is 54’. Please dimension the stacking depth on the S.H. 114 driveway per the Driveway Ordinance. The correct dimension is from the edge of the driveway in front of the building to the S.H. 114 right of way/property line. Approximately 30’ of stacking depth is shown on the E. S.H. 114 driveway. The required stacking depth is 150’ on the southern Cherry Ln. driveway and the SH 114 driveway (more than 200 total spaces and more than 200 spaces per driveway on the three Kimball Park driveways). The parking garage does not have direct driveway access to the rest of the site, so the required stacking depth on the two garage drivewa ys is 100’ (more than 200 spaces total and between 50 and 199 spaces per driveway). ii. A variance to the minimum centerline spacing between driveways is requested. The required spacing on Cherry Lane is 100’ and a variance is requested to allow the 60’ spacing between the two northernmost driveways on Cherry Ln. Case No. Attachment C ZA18-0057 Page 3 iii. Please dimension the distance from the right of way line/property line to the centerline of the driveway for the distance to an intersection on Cherry Ln. The minimum required distance is 100’ and the requested distance is approximately 40’. A variance is requested. iv. A variance to Driveway Ordinance No. 634, as amended, Section 5.2.c, which prohibits commercial driveways on collector or local streets unless the lot has no other access may be required to allow the three driveways on Cherry Ln. The Director of Public Works will make a determination on the need for a variance request. b. Both the minimum required interior landscape area and plant material are not provided . A variance is requested to allow the landscape area and materials as shown. 6. Please make the following changes to the elevations: a. Swap the labels on the east and west elevations. b. Stucco and plaster shall only be considered a masonry material when applied using a 3 - step process over diamond metal lath to a 7/8th inch thickness or by other processes producing a comparable cement stucco finish with equal or greater strength and durability specifications. An S-P-2 regulation has been added to allow the elastomeric coating. c. Please label the garage façade materials. d. Based on the feedback from the Corridor Planning Committee, staff strongly recommends providing a rendering that includes the landscaping to be provided along S.H. 114. Please ensure that all landscaping shown on the renderings match es the materials shown on the landscape plan. Please see the Landscape Administrator’s comment regarding plant materials in the utility easement along S.H. 114 that contains the overhead power lines and underground utilities. e. Staff strongly recommends providing a material sample board of all exterior materials prior to or at the City Council meeting. 7. Show the location, type, and height of all walls, fences, and screening devices, if any. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. In response to the Tree Conservation Comments for the first review it says, “There are no trees that will be preserved on Lot 2R.” On the resubmitted Tree Cons ervation Plan there are three (3) existing trees within the south bufferyard area along E. SH 114 that are shown to be preserved. If the trees are intended to be removed please show them as trees to be removed. Otherwise, if they are removed/altered they will be required to be mitigated in accordance with the regulations of the Tree Preservation Ordinance 585-E. * The development is proposed to be “S-P-2” Zoning. If the development were proposed as straight zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 15% of existing tree cover on the site and a minimum of 70% of the existing tree cover would be required to be preserved. The applicant is proposing to preserve Case No. Attachment C ZA18-0057 Page 4 15.7% of the existing tree cover. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned d evelopment 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 propert y 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; 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 Case No. Attachment C ZA18-0057 Page 5 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: 1. The applicant is requesting in the S-P-2 regulations that the south and west bufferyards be allowed as shown on the plan. A 25’ T ype ‘J’ bufferyard would typically be required adjacent to E. State Highway 114. and a 10’ – E type bufferyard is shown on the plan. The applicant is proposing less than the required plant materials in the 10’ Type ‘E’ bufferyard on the west and the 10’ Ty pe ‘C’ bufferyard on the west. A bufferyard may be used for passive recreation, such as pedestrian, bike, or equestrian trails, provided that: (a0 no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of the bufferyards regulations and zoning ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts, or similar facilities, accessory buildings, parking facilities, or t rash dumpsters. 2. Both the minimum required interior landscape area and plant material are not provided. A variance is requested Provide the amount of interior landscape area actually being provided. In the Interior Landscape Requirements summary chart provided on the Landscape Plan the building footprint area, required interior landscape area, and “Required” plant material quantities are incorrect. Based on the data provided for the building foot print areas (53,996), the required interior landscape area is 26,998 square feet. 3. A 5% reduction in interior landscape area is being taken for water conservation credits based on Section 3.3e of the Landscape Ordinance 544 -B. An Irrigation Plan must be submitted to determine if the Landscape Plan and associated do comply with Section 3.6 of the Landscape Ordinance 544-B 3.3e Water Conservation Credits: Where irrigation systems in accordance with Section 3.6 b herein are utilized in at least 75% of all shrub beds, the the required landscape area may be reduced by 5%. 3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other professional authorized by the State to design such systems. Natural meadow s of wild flowers or other native habitat shall not be required to be irrigated. a. Minimum Standards for Irrigation Systems: All irrigation systems shall be installed and maintained in accordance with the landscape irrigation rules promulgated by the Texas Commission on Environmental Quality (TCEQ) or successor agency, as the same may be from time to time amended, and any applicable adopted City Plumbing Codes. b. Water Conservation: The City would like to promote the use of efficient irrigation methods and practices. Where possible in planting beds, flood irrigation, porous pipe or emitter/drip systems should be utilized. Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. Case No. Attachment C ZA18-0057 Page 6 c. Tree Irrigation Requirements: Provisions shall be made in the design of the irrigation system to adequately provide water to the root zone of newly planted trees until they are established. This may be done through installation of a separate zone providing bubbler irrigation, low-pressure drip systems or similar heads directly adjacent to newly planted trees. Any lines providing heads near a tree shall be installed radially to the trunk of the tree rather than crossing through the root zone. The irrigation designer may propose other means of tree irrigation during establishment, subject to approval by the Landscape Administrator. d. Pressure Regulating Devices: All irrigation systems shall utilize pressure regulating spray heads and rotor bodies in order to reduce system misting and aid in proper water placement. All pressure regulating devices shall be installed per the manufacturer’s directions. * 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 GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. * Construction within FM 1709/1938/SH 114 right of way shall require a permit from TxDOT. Copy of the approved TxDOT permit will be needed prior Pre-con request. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.asp x?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. * Detention ponds shall be dedicated by plat as drainage easements. 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. Case No. Attachment C ZA18-0057 Page 7 * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. * Permanent drainage or utility easement abandonment requires a council action. WATER COMMENTS: 2. The new proposed water line alignment that is to replace the 12” shall have diameter of 12” up to the reconnection to 12”s * The Structure’s encroachment in the existing easement will need an Easement abandonment. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1” inch meter must have a 1” tap, et c. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. DRAINAGE COMMENTS: 1. Pre and development condition shall have common outfall. Summary table shall compare existing and development discharge location. All proposed outfall location shall be limited to pre -existing condition, or justification provided to allow any increased runoff. 2. Clearly label all private and public storm sewer lines. 3. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 10 and 100 - year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. Supporting documents for no detention may be submitted at the time of design phase, but please note that if it is determined that detention is needed the Sit e Plan may require to be re- approved. 4. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must be installed outside the edge of pavement. Ordinance #605 defines easement requirements for storm sewer: 30” RCP and under - 15’ easement 42” – 54” RCP - 20’ easement 60” – 66” RCP - 25’ easement 72” – 102” RCP - 30’ easement Over 102” RCP – 3.5 times diameter * Calculations will be required to verify capacity of proposed curb inlets. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. Case No. Attachment C ZA18-0057 Page 8 * Provide inlet at the end of pavement of proposed street to intercept runoff before entering adjacent property. * Discharge of post development runoff must have no adverse impact on upst ream and downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. T he Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * 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. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 17 09, 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. Transportation Manager Review Stephanie Taylor, P.E., PTOE Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us Case No. Attachment C ZA18-0057 Page 9 TRIP GENERATION UPDATE: 1. The City has received the update to the trip generation originally presented in the 2012 TIS and agrees with the conclusion that the new mixed-use development will generate slightly fewer trips than the previously proposed restaurant use. PARKING ANALYSIS: 1. Staff agrees that a deficit of 99 spaces can be overcome through demand fluctuations and efficiencies gained through shared parking for the site overall; however, this may not be the case for Lot 2R specifically. This portion of the site is not as well connected to the rest of the development as the other lots, so visitors will not be able to easily access the surplus of parking available on the other lots or enjoy the same shared parking efficiencies. The current deficit of 173 spaces is significant and needs to be addressed through increased pedestrian connectivity from parking areas to Lot 2 R, an increase in the parking garage capacity on Lot 2R, or an alternate solution. SITE PLAN: 1. Confirm that the east driveway for Lot 2R will be constructed in a manner that complies with ADA guidelines. A minimum 5’ wide flat surface with a max cross slope of 2% should be provided across the driveway, similar to the proposed configuration for the Cherry Ln . driveways with sidewalks. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Both buildings must be completely covered by an automatic fire sprinkler system due to the total square footage being in excess of 6,000 square feet. 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 Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC location indicated for one building, but not for the other building and parking garage on the plans) Add FDC locations, wall mount or remote connection, and add/or relocate fire hydrants as necessary to meet the distance requirements. FIRE LANE COMMENTS: 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) Case No. Attachment C ZA18-0057 Page 10 General Informational Comments * A SPIN meeting was held December 11, 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 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. * 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, ir rigation 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 impa ct 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 ZA18-0057 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. KAUFMAN, JAMES C SF1-A 625 BRIARWOOD DR 1.35 NR 2. PARADIS, THOMAS MF1 450 CHERRY LN 0.94 NR 3. PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.03 NR 4. CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.50 NR 5. CLTH AND AR ASSOCIATES INC MF1 430 CHERRY LN 0.50 NR 6. MC PROPERTIES INC SP1 1940 E SH 114 1.14 NR 7. LR SOUTHLAKE PARTNERS LP SP1 1980 E SH 114 1.53 NR 8. CARDARELLI, PAUL C2 2000 E SH 114 1.05 NR 9. BTH & RA ASSOCIATES INC MF1 400 BRIARWOOD DR 0.54 NR 10. MOSS, ANGELIA J SF1-A 550 CHERRY LN 1.09 NR 11. VAN TIL, ROBERT MF1 500 CHERRY LN 1.15 NR 12. PERKINSON, DOUGLAS ABLE SF1-A 575 BRIARWOOD DR 1.03 NR 13. TOWRY, JOHN EARL SF1-A 475 BRIARWOOD DR 1.13 NR 14. BROWN, RONNI SF1-A 600 BRIARWOOD DR 1.27 NR 15. TATE, JOHN T SP2 2120 E SH 114 0.92 NR 16. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR Case No. Attachment D ZA18-0057 Page 2 17. BRIARWOOD TOWNHOMES LP MF1 420 BRIARWOOD DR 0.57 NR 18. DRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 1.06 NR 19. WAGNER, STEVEN R SF1-A 550 BRIARWOOD DR 1.05 NR 20. POKHREL, RAMESH K SF1-A 500 BRIARWOOD DR 1.07 NR 21. FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR 22. COTY, ROB SF1-A 600 CHERRY LN 1.00 NR 23. LEE, K WAYNE SP2 566 N KIMBALL AVE 0.66 NR 24. KIMBALL LAKES PROPERTY OWNERS SP2 572 N KIMBALL AVE 0.39 NR 25. EKSTROM, DELTON E SF1-A 650 CHERRY CT 0.99 NR 26. SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.41 NR 27. HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.95 NR 28. HALIM, EMIL A MF1 725 CHERRY CT 0.96 NR 29. CHERRY LANE PARTNERS LP O1 485 CHERRY LN 1.95 NR 30. FUSSELMAN, BRUCE C3 2100 E SH 114 1.78 F 31. REYNAL, JOHN MF1 575 CHERRY LN 1.10 NR 32. VAN TIL, JOHN J MF1 625 CHERRY LN 1.00 NR 33. MDP KIMBALL PARK OFFICE LLC SP2 2108 E SH 114 5.17 F 34. AOS INVESTMENTS GROUP INC O1 469 CHERRY LN 1.00 F 35. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR 36. KIMBALL ROAD LP I1 500 N KIMBALL AVE 1.60 NR 37. TDC MANAAGEMENT LLC SP2 560 N KIMBALL AVE 0.48 NR 38. ONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 2.48 NR 39. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 F 40. BELF, BRETT AG 501 N KIMBALL AVE 3.40 NR 41. ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 6.43 NR 42. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR 43. BOWEN SL LTD I1 450 N KIMBALL AVE 0.37 NR 44. SANDCO HOLDINGS LP SP1 420 N KIMBALL AVE 0.53 NR 45. BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.33 NR 46. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 F 47. MAYSE, RICHARD A SP1 2118 E SH 114 0.75 NR 48. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 F 49. MDP SOUTHLAKE LLC SP2 2102 E SH 114 1.56 F Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Forty-seven – (47) Responses Received: Five (5) – Attached Case No. Attachment D ZA18-0057 Page 3 Case No. Attachment D ZA18-0057 Page 4 Case No. Attachment D ZA18-0057 Page 5 Case No. Attachment D ZA18-0057 Page 6 Case No. Attachment D ZA18-0057 Page 7 Case No. Attachment E ZA18-0057 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657C 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, KIMBALL PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOT A, BLOCK A, BRIARWOOD ESTATES, PHASE I (ALSO KNOWN AS LOT A1, BLOCK A, BRIARWOOD ESTATES, PHASE I) AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.27 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 CONCEPT AND SITE PLANS 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 th e purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, Case No. Attachment E ZA18-0057 Page 9 WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan 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 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 ge neral 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 Case No. Attachment E ZA18-0057 Page 10 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 ori ginally 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, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also Case No. Attachment E ZA18-0057 Page 11 known as Lot A1, Block A, Briarwood Estates, Phase I) an addition to the City of Southlake, Tarrant County, Texas, being approximately 17.27 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 Concept and Site Plans attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: APPROVAL OF ORD. NO 480-657 S-P-2 Regulations for Ordinance No. 480-657 Case No. Attachment E ZA18-0057 Page 12 Case No. Attachment E ZA18-0057 Page 13 Case No. Attachment E ZA18-0057 Page 14 Case No. Attachment E ZA18-0057 Page 15 Case No. Attachment E ZA18-0057 Page 16 Case No. Attachment E ZA18-0057 Page 17 Variances approved with Ord. No. 480-657 Case No. Attachment E ZA18-0057 Page 18 Council Motion at 2nd Reading of Ordinance No. 480-657: March 4, 2014; Approved at 2nd reading (6-1) pursuant to the following: 1. Approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; 2. Also noting the requirements under this motion are pursuant to: a. the revised renderings that were presented to Council this evening; b. the Declaration of Covenants, Restrictions, and ea sements (CCR) as presented to Council in the application this evening; c. the revised landscape plan presented to Council (included in Attachment “B” of this Ordinance); d. the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4 (correction made in S-P-2 regulations); e. also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; f. the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m. (correction made in S-P-2 regulations); g. the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level under neath the building; h. pursuant to the revised concept/site plan as presented this evening and (included in Attachment “B” of this Ordinance); 3. Concept Plan Review Summary No. 3, dated February 26, 2014: 8. Please make the following changes the Concept and/or Site Plans: a. Show, label and dimension the width of the R.O.W. adjacent to the site. b. One 10’ x 50’ loading space is required for the hotel and that space is provided on the west side of the building. Staff recommends adding a loading space on the east side of the building adjacent to the bar and restaurant or show how deliveries to the kitchen and bar area will be made. c. Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. Council approval of a variance will be required to allow the lot configuration as shown. A variance was granted by City Council. Case No. Attachment E ZA18-0057 Page 19 9. Please move the S-P-2 regulation regarding building articulation to the section for Lot 1. The way the regulation is written, all future buildings would be allowed to not meet the articulation requirements before City Council has a chance to see the proposed elevations (corrected in the S- P-2 regulations). 10. Revise the parking provided for Lot 1 in the Site Data Summary Chart on the Concept Plan to 212 spaces. 11. Revise the office square footage in the first paragraph of Section 2.2 of the TIA (48,000 s.f. should be 96,000 s.f.). The square footage is correctly shown in Table 1 –Trip Generation Summary just below the paragraph. 12. Please make the following changes with regard to easements: a. Label the existing common access easement on Lots 6R and 7R, Block 1, Mesco Addition as shown on the plat recorded as Instrument No. D211037987, Plat Records, Tarrant County, Texas. 13. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The proposed driveway onto E. SH 114 does not meet the minimum 250 feet of spacing (60 feet shown) from an approved driveway and common access easement located on Lot 7R, Block 1, Mesco Addition (case ZA96-109). The driveway/common access easement on Lot 7R1, Block 1 is labeled to be abandoned. Prior to issuance of a permit for the proposed driveway on SH 114, a copy of the executed and recorded instrument(s) for the off-site and on-site common access easements and agreement to abandon the common access easement and driveway on the approved Lot 7R, Block 1, Mesco Addition (case ZA96 -109) must be provided. 14. Revise the renderings and/or the Concept and Site Plans so that the landscaped and sidewalk areas adjacent to the hotel entrance match. The renderings are showing a landscaped area where a paved area is shown on the Concept and Site Plans. Tree Conservation Comments: 1. The submitted Development Regulations propose that the western property line adjacent to the multi-family residential lots will be screened with a vegetated screening of: existing plant material, required plantings within the buffer and additional large shrubs and accent trees planted within the bufferyard. There are a significant amount of existing trees and associated vegetation along the west and north property lines. Identify these trees and designate if they will be preserved, removed, considered marginal, and show how the Case No. Attachment E ZA18-0057 Page 20 proposed west bufferyard landscaping will be integrated with the existing vegetation. 2. The Preliminary Grading Plan shows that the McPherson Branch Creek on Lot 6 is proposed to be graded and improved. There is one large Post Oak tree on the back of Lot 7R, Block 1, Mesco Addition that might be on the Kimball Park, Lot 6 property. The proposed grading and south access drive look like they may alter the existing tree. Please locate and identify this tree on the submitted plans. Interior Landscape and Bufferyard Comments: 1. Some of the parking lot islands measure less than 12’ in width from back-of-curb to back-of-curb. Parking lot 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 equa l to the length of the parking stall. 2. No bufferyard is proposed along the east property line of Lot 6 in the Summary Chart, but a bufferyard is shown on the concept plan. The east bufferyard along the east property line of Lot 6 is required to be a 5’ – A, adjacent to the commercial and office properties , and a 10’ – E along North Kimball Avenue. Include an S-P-2 regulation if a bufferyard will not be provided. 3. Some of the Bufferyards on the Concept Plan and the Bufferyard Summary Charts do not match. 1. Lot 3, west bufferyard is required to be a 10’ – B, and is labeled 10’ – C on the Concept Plan, and 5’ – A in the Bufferyard Summary Chart. 4. The parking lot landscape islands are required to contain at least the minimum of the required canopy tree as shown along with shrubs, ground cover, ornamental grasses, seasonal color or a combination of these plant materials. Turf grass is not acceptable vegetation within the parking lot landscape islands. Public Works/Engineering Review General Comments: 1. Please provide an updated traffic impact analysis. Preliminary Utility Comments: 1. No 90º bends, use 2-45º bends. 2. All waterlines to be public and in easements. 3. 12” waterline not on the City’s Master Water Plan, therefore no city participation in upsizing. 4. Any sanitary sewer lines crossing lot lines will need to be public and contained in easements. 5. Extend SS-1 west to property line. 6. Extend SS-4 to west property line. Case No. Attachment E ZA18-0057 Page 21 APPROVAL OF ORD. NO 480-657a (Changes to Lot 1 - Cambria Hotel only) S-P-2 Regulations for Ordinance No. 480-657a Case No. Attachment E ZA18-0057 Page 22 Case No. Attachment E ZA18-0057 Page 23 Case No. Attachment E ZA18-0057 Page 24 Case No. Attachment E ZA18-0057 Page 25 Case No. Attachment E ZA18-0057 Page 26 City Council 2nd Reading Motion for Ordinance No. 480-657a: June 2, 2015; Approved at 2nd reading (6-0): 1. subject to Staff Report dated May 26, 2015 and Site Plan Review Summary No. 1 dated April 16, 2015; 2. noting that all regulations associated with the zoning case ZA13-135 shall remain in place; 3. revisions to case ZA13-135 are those exhibits presented and approved this evening and those changes indicated in the permitted uses and development regulations for S-P-2 zoning located on Attachment ‘D’, Page 1 of the Staff Report dated May 26, 2015 (See attached in Exhibit B of this ordinance) 4. subject to the material boards presented this evening; 5. noting Council’s approval of spandrel glass with no metal banding; 6. approving Option ‘1’, four-post, polycarbonate roof porte cochere; approving Option ‘1’, polycarbonate conference center awnings to match the porte cochere; and approving Option ‘1’ polycarbonate in the swim/patio area to match the porte cochere and conference center a wnings. Site Plan Review Summary No. 1 dated April 16, 2015 The proposed revisions are only to Lot 1 of the Kimball Park Development. All previously approved plans and conditions of approval remain in effect unless specifically revised as part of this re quest. Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 1. The submitted Development Regulations propose that the western property line adjacent to the multi-family residential lots will be screened with a vegetated screening of: existing plant material, required plantings within the buffer and additional large shrubs and accent trees planted within the bufferyard. There are a significant amount of existing trees and associated vegetation along the west and north property lines. Identify these trees and designate if they will be preserved, removed, considered marginal, and show how the proposed west bufferyard landscaping will be integrated with the existing vegetation. * Please be aware that all existing trees shown to be preserved on th e 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. INTERIOR LANDSCAPE & BUFFERYARDS COMMENTS: 1. The parking lot landscape islands are required to contain at least the minimum of the required canopy tree as shown along with shrubs, ground cover, ornamental gr asses, seasonal color or a combination of these plant materials. Turf grass is not acceptable vegetation within the parking lot Case No. Attachment E ZA18-0057 Page 27 landscape islands. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review PRELIMINARY UTILITY COMMENTS: 7. No 90º bends, use 2-45º bends. 8. All waterlines to be public and in easements. 9. 12” waterline not on the City’s Master Water Plan, therefore no city participation in upsizing. 10. Any sanitary sewer lines crossing lot lines will need to be public and contained in easements. 11. Extend SS-1 west to property line. 12. Extend SS-4 to west property line. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website . * A ROW 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’s Agreement will 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. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Fire Department Review GENERAL COMMENTS: An automatic fire sprinkler system will be required for all commercial structures in excess of 6,000 square feet, with coverage extended into the attic if comprised of combustible construction. (per 2009 I.F.C. Sec. 903.3.1.3 as amended). Also, the restaurants classified as an A-2 occupancy will require an automatic sprinkler system with an occupant load in excess of 100. Case No. Attachment E ZA18-0057 Page 28 All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72, the 2009 International Fire Code, and the City of Southlake amendments. A complete set of plans for the underground fire protection line, fire sprinkler system, and fire alarm system shall be submitted to Reed Fire Protection for review and approval at 14135 Midway Road in Addison, Texas 75001. Business phone is 214 -638-7599. A Knox Box Rapid Key entry system shall be installed on the buildings near access to the riser room. Keys must be provided to access the riser room. The Knox Box can be ordered on the Internet at www.knoxbox.com. A 5 inch Fire Department Connection shall be installed on each building, with a locking Knox cap attached to the FDC to prevent debris from entering the connection. An exterior audible/visual fire alarm device must be installed above the Fire Department Connection on each sprinkled building to indicate when a fire alarm condition is present in the building, or located as near as possible to the FDC, on the building, if the FDC is installed remotely. Approved suite numbers and/or building address shall be posted on all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. All numbers shall contrast with their background. Electrical, Mechanical, Roof Access, Fire Alarm Panel, Sprinkler Riser and all other pertinent rooms must be labeled with appropriate signage. The required backflow protection (double check valve) for the sprinkler s ystem can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. FIRE LANE COMMENTS: Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 300 feet for commercial locations that contain un-sprinkled buildings, and 600 feet for commercial locations that contain completely sprinkled buildings.(If all buildings in the complex are completely sprinkled, then hydrant locations are acceptable except for adding a hydrant at the South entrance into the complex off of the service road of State Highway 114)(If all building are not completely sprinkled, then hydrants will need to be added and relocated to meet requirements). A fire hydrant shall be within 100 feet of each Fire Department Connection, and the Fire Department Connection within 50 feet of fire lane access.(Fire Department Connection locations not indicated on plans). Conditions of approval of Ordinance No. 480-657b: City Council motion at 1st Reading: February 2, 2016; Approved (6 -0) pursuant to the staff report dated January 26, 2016, Concept/Site Case No. Attachment E ZA18-0057 Page 29 Plan Review Summary No. 3, dated January 25, 2016, noting that we are granting the variances which were approved in the original Zoning Change and Concept Plan on March 4, 2014; the stacking depth of 17.6’ on the N. Kimball Ave. driveway and 34.2’ of stacking depth shown on the S.H. 114 driveway rather than the minimum depth of 150’and noting that the lot configuration does not meet the requirement that every lot front on a public or private street, noting that prior to the next hearing, the applicant will address the landscaping variances around the garage, and noting that the applicant will come forth mitigating the articulation variances noted on the building and the garage, noting some willingness to relax on the articulation on the north side of the garage, but there still needs to be some stone veneer or column treatments at a minimum throughout the garage elevations on the north , south east and west, noting that the elastomeric coating samples in buildings and to the extent to help Council understand the architectural and physical qualities of that building material will be brought forth to Council prior to the next hearing. Case No. Attachment E ZA18-0057 Page 30 AP PROVAL OF ORD. NO 480-657b (Changes to Lot 3 – Offices and Kimball Park only) S-P-2 Regulations for Ordinance No. 480-657b Case No. Attachment E ZA18-0057 Page 31 Case No. Attachment E ZA18-0057 Page 32 Case No. Attachment E ZA18-0057 Page 33 Case No. Attachment E ZA18-0057 Page 34 Case No. Attachment E ZA18-0057 Page 35 Case No. Attachment E ZA18-0057 Page 36 PREVIOUSLY APPROVED VARIANCE REQUEST LETTER Case No. Attachment E ZA18-0057 Page 37 Council Motion at 2nd Reading of Ordinance No. 480-657b: March 1, 2016; Approved (7-0) subject to the following: 1. Granting the following variances: a. The driveways do not meet the minimum required stacking depth of 150’, approximately 17.6’ of stacking depth is shown on the N. Kimball Ave. driveway and 34.2’ of stacking de pth is shown on the State Hwy. 114 driveway; b. Also granting a variance to Subdivision Ordinance No. 483, Section 8.01(a), as amended, which requires that every lot front on a public or a private street, a variance is requested and approved to allow the lo ts to be configured as shown on the Concept Plan; 2. Noting that Council is accepting the revised Concept Plan and development regulations for the S-P-2 zoning dated February 23, 2016 and under Attachment “D” of the staff report; 3. Accepting the revised Site Plan, Tree Preservation Plan and Landscape Plan found under Attachment “D” of the staff report; 4. Accepting the revised office building and parking garage elevations; 5. Noting the required parking will reduce by one from what was presented and will now be at 435 (S-P-2 regulations in Attachment “B” have been revised); 6. The staff report dated February 23, 2016 (includes language that all previous plans and conditions of approval remain in effect unless specifically noted in this request.) and; 7. Concept/Site Plan Review Summary No. 4, dated February 23, 2016 (below). Concept/Site Plan Review Summary No. 4, dated February 23, 2016 1. Please make the following changes the Concept and/or Site Plans: a. Please make the following changes to the impervious coverage and open space areas and percentages in the table on the Concept Plan. i. The open space area plus the impervious area should add to the net area for each lot and for the total. The percentages of open space and impervious coverage should total 100% for each lot and for the total. Please change the percentage of impervious coverage for Lot 4 to 77% and change the percentage of open space for Lot 5 to 21%. 2. Please make the following revisions to the elevations: Case No. Attachment E ZA18-0057 Page 38 a. Please dimension and label the height of the buildi ng to the predominant parapet height on the elevations and not to the roof height. b. The scale is incorrect. Please add the correct written scale under a graphic scale. c. Please provide a material sample board of all exterior materials to be used. 3. The proposed office development is subject to the requirements in the Corridor and Residential Overlay Districts except as noted in the S-P-2 regulations. The following Overlay requirements have been modified in the S-P-2 regulations: a. A regulation has been added to allow the vertical and horizontal articulation on the office building as shown on the Site Plan. The north and south elevations do not meet the horizontal and vertical articulation requirements. b. Please include a regulation to allow the articulation o n the parking garage as shown. None of the garage elevations meet the horizontal and vertical articulation requirements. c. A regulation has been added to allow painted concrete and metal as permitted façade materials on the office building and precast concr ete panels as a permitted façade material on the garage. 4. Please revise the drive lanes, trash enclosure location and parking islands and spaces on the Boka Powell plans to match the Site Plan (S4.0). * A bank teller zone is shown on the west side of the building on the Boka Powell Site Plan and an S-P-2 regulation has been added to allow a teller drive -up lane and window on the west elevation and the reduction of 12 provided parking spaces. Approval of a Site Plan by the City Council following a recommendation by the Planning and Zoning Commission will be required to allow the addition of a drive-through and window. * Ordnance No. 480, Section 36.6 requires 3 loading spaces for office buildings 100,000 – 199,999 square feet in size. A regulation has been added to allow 2 loading spaces as shown on the Concept and Site Plans. * The Declaration of Covenants, Restrictions and Easements for Kimball Park was approved with the original Zoning Change and Concept/Site Plan for Kimball Park and it remains in effec t with this request unless otherwise noted. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The submitted Tree Conservation Plan complies with the previously approved Tree Conservation Plan. Case No. Attachment E ZA18-0057 Page 39 * 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 al l 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: 1. Within the proposed Development Regulations the applicant is p roposing to vary from the interior landscape area and plant material that is required to be provided for the footprint area of the parking garage. The interior landscape calculations indicate that enough landscape area is provided across the site but the required plant material is not provided. Parking garages shall be considered as building in accordance with Section 3.3 in the Landscape Ordinance 544-B. 2. Not all of the parking landscape islands are 12’ width form back -of-curb to back-of-curb. Ensure that parking landscape islands are at least 12 - wide form back-of-curb to back-or-curb. Parking lot 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 parki ng stall. 3. None of the required interior landscape or bufferyards shrubs are shown on the submitted Landscape Plan. Please show the shrubs to be provided on the landscape plan. 5. Put the quantities of each plant material in the plant material list. 6. In the plant material list, please use a different key for purple heart groundcover since the same key is used for Palatka holly. 7. The Development Regulations state that the western property line will be screened with a vegetated screening of: existing plant material, required plantings and additional large shrubs and accent trees that will achieve a solid screening of 8’ in height and will be shown on the landscape plan. The plantings shown within the west bufferyard are only the minimal required plantings fo r the 5’ – A type bufferyard and the shrubs are not shown. Most of the existing trees shown to be preserved are on the property line, within a utility easement, and are partially the proposed developments and the adjoining property owners. Based on the inf ormation that is provided, the proposed landscaping within the west bufferyard does not seem to comply with the proposed Development Regulations. 9. Each individual parking lot landscape island shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses, or seasonal color. Parking lot landscape islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. All required landscap e areas shall be evenly distributed throughout the entire required parking lot landscape areas. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Case No. Attachment E ZA18-0057 Page 40 GENERAL COMMENTS: 3. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 4. 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 Sout hlake 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 c omplex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. 5. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. 6. 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. 7. Traffic Impact Analysis on file for overall development. No update is required. * 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: 8. 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. WATER COMMENTS: 9. Minimum size for water lines is 8”. 10. Commercial and industrial developments require fire hydrant spacing of 300’ maximum for non - sprinkled buildings or 600’ for sprinkled buildings. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. * X” water line on (street name) shall conform to the City’s water concept plan. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. Case No. Attachment E ZA18-0057 Page 41 SANITARY SEWER COMMENTS: 11. Minimum size for sanitary sewer is 8”. Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. 12. Extend sanitary sewer to the eastern/western/northern/southern property line and provide sewer stub to adjacent property. 13. Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: * Property drains into a Critical Drainage Structure #XX and requires a fee to be paid prior to beginning construction ($0.00/Acre). * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre-construction, construction and post-construction erosion control measures. * A geotechnical report will be required for all private and public roadways. The geotechnical 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 Op erations 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 infrastructu re. 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 Case No. Attachment E ZA18-0057 Page 42 GENERAL COMMENTS: An automatic fire sprinkler system will be required for buildings over 6,000 square feet, and a dry standpipe for the two-story parking garage. (Per 2012 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a “hose -lay” basis for sprinkled buildings and within 150 feet of all exterior portions of the perimeter of non-sprinkled buildings. Fire apparatus access shall be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) (Label fire lanes throughout the property; appear to be missing around the parking garage) Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2012 I.F.C. Sec. 503.2.4) FIRE HYDRANT COMMENTS: Hydrants are required at a maximum spacing of 500 feet for co mmercial locations with completely sprinkled buildings. (Hydrant spacing does not meet the requirements; add hydrants as necessary around the parking garage) Fire Department Connections for sprinkler systems and standpipes must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes. (FDC locations not indicated on plans) Add FDC locations, wall mount or remote connection, and fire hydrants as necessary to meet requirements for the office building and parking garage. General Informational Comments * A SPIN meeting for Kimball Park was held January 6, 2014. * A preliminary plat for the entire property that conforms to the site plan must be approved and a final plat must be approved and filed prior to issuance of a building permit. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. City Council approved a variance with the first Zoning Change and Concept Plan application to allow the lots to be configured as shown. * 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. Case No. Attachment E ZA18-0057 Page 43 * All lighting must comply with 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. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones except where noted in the S -P-2 regulations. * 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 requ ired 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 APPROVAL OF ORD. NO 480-657C (Reserved for Council motion and approved S-P-2 Regulations) Case No. Attachment E ZA18-0057 Page 44 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 establish ed 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 Case No. Attachment E ZA18-0057 Page 45 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 zon ing 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 shal l 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 an d 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 post 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 if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation Case No. Attachment E ZA18-0057 Page 46 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 1st reading the _____ day of ______, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ______ day of _______, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0057 Page 47 EXHIBIT “A” Being described as Lots 1-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and Lot A, Block A, Briarwood Estates, Phase I (also known as Lot A1, Block A, Briarwood Estates, Phase I) an addition to the City of Southlake, Tarrant County, Texas , and being approximately 17.27 acres. Case No. Attachment E ZA18-0057 Page 48 EXHIBIT “B” Reserved for approved Concept/Site Plan