Loading...
Item 7Case No. ZA19-0024 S T A F F R E P O R T May 3, 2019 CASE NO: ZA19-0024 PROJECT: Zoning Change and Site Plan for Cates Landing aka Ward Retail EXECUTIVE SUMMARY: Donnie and Leigh Ann Ward are requesting approval of a Zoning Change and Site Plan on property described as Lot 34, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2199 E. Dove Road, Southlake, Texas. Current Zoning: “C-1” Neighborhood Commercial District. Proposed zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #4. DETAILS: The property is generally located on the northeast corner of a 0.85 acre property located at the intersection of E Dove Road and N Kimball Avenue. The purpose of this item is to change the zoning from “C-1” Neighborhood Commercial District to “S-P-1” Detailed Site Plan District to add a commercial school for personal fitness training as a permitted use in addition to the C-1” District uses in the existing approximately 7,428 square foot building. The proposal limits the maximum permitted area for the additional use to 1,100 square feet. Site Data Summary Chart Site Plan Existing Zoning “C-1” Neighborhood Commercial District Proposed Zoning “S-P-1” Detailed Site Plan District Land Use Designation Retail Commercial Gross Acreage .85 Number of Lots 1 Area of Open Space (sf) 14,661 Percentage of Open Space (15% min) 39.74 % Percentage of Impervious Coverage (85% max.) 60.26% Building Area 3,659 (footprint) Number of Stories 2 Maximum Building Height Approx. 32’ Required Parking 5 for office /retail, 5 for cleaners, 17 for salon, 4 for fitness total: 31 Provided Parking 39 Case No. ZA19-0024 Previously approved variances (ZA15-136) 1. Driveway separation The applicant plans to utilize two existing drive approaches for the development. Neither approach maintains the 200-foot required separation from the intersection of Dove Road and Kimball Avenue. Because the property does not have 200 feet of frontage on either the north or east property frontages, and because the driveways are existing, the applicant requests a variance to allow driveway spacing under 200 feet from the intersection of Dove Road and Kimball Avenue. 2. Tree preservation The applicant plans to remove two existing trees on site, which comprise the large majority of existing tree coverage. The tree preservation ordinance requires that at least 70% of tree canopy coverage be maintained in cases where less than 20% of the total site is currently covered by tree canopy. Because the existing overhead easement and drive approaches limit the manner in which the property could be developed while preserving the trees, the applicant requests a variance to allow the trees to be removed. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated May 3, 2019 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-761 Full-Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Applicant’s Narrative Link to “S-P-1” Regulations Link to The Exercise Coach Narrative Link to Plans Pages 1-2 Site Plan and Elevations Link to SPIN Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA19-0024 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Donnie and Leigh Ann Ward PROPERTY SITUATION: 1500 N. Kimball Avenue, Southlake, Texas. LEGAL DESCRIPTION: Lot 34, F. Throop No. 1511 Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-1” Neighborhood Commercial District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: June 20, 1972; City Council rezoned the property from “AG” Agricultural District to “L” Light Commercial District. September 19, 1989; City Council placed “C-1” zoning on the property with the adoption of Zoning Ordinance No. 480. April 20, 2004; City Council approved a Specific Use Permit was approved by City Council to allow a snow-cone stand for the months of April through August. (ZA04-014) March 15, 2005: City Council approved a Specific Use Permit l to allow a snow-cone stand for a period of two years. (ZA05-003) March 6, 2007; City Council approved a Specific Use Permit to allow a snow-cone stand for a period of three years. (ZA07- 020) February 2, 2010; City Council approved a Specific Use Permit to allow a snow-cone stand for a period of three years. (ZA09-072) On January 27, 2012, demolition permits were issued for the previous one-story brick and metal commercial building (1299 E Dove Road) and one-story brick building (1500 N Kimball Avenue). The buildings were utilized by a variety of businesses, including an office, cleaners, a video store, and a salon. August 31, 2012; a plat was filed for lot 34, F. Throop Addition No. 1511 (record #D212214780) (ZA12-010) June 12, 2013; City Council approved a Specific Use Permit to allow a snow-cone stand for a period of three years on (ZA13-006) January 19, 2016; City Council approved a site plan; noting the applicant’s willingness to comply with articulation requirements under the Residential Adjacency Overlay regulations and noting that approval is subject to the staff report dated December 30, 2015 and Site Plan Review Summary No. 2 dated December 30, 2015, and specifically approving both variances for driveway separation and tree preservation. (ZA15-136) Case No. Attachment A ZA19-0024 Page 1 September 12, 2017; a commercial building permit was issued for the Ward Retail Building. December 4, 2018; City Council approved granting a variance to the allow the upper story 2nd floor sign to be placed lower on the building 1st floor level; and the applicant will work with staff to come back with a master sign plan the entire building (no other signs will be permitted without the master signs plan in place). (SV18-0004) SOUTHLAKE 2035: The Southlake 2035 Consolidated Future Land Use Plan designates this development area as Retail Commercial. The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed. As proposed, this Site Plan seems to be consistent with the Future Land Use Plan. Pathways Master Plan There are existing five (5) foot wide sidewalks along E. Dove Road and N. Kimball Avenue. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property has approximately 210 feet of frontage along the northern boundary adjacent to E Dove Road. This road is improved with asphalt surface and an existing right turn lane. The property has approximately 150 feet of frontage along the eastern boundary adjacent to N Carroll Avenue, a fully improved street with four lanes and center medians Case No. Attachment A ZA19-0024 Page 1 south of Dove Road. Traffic Impact E. Dove Road (36) (between N. Carroll Ave. and N. Kimball Ave.) 24hr West Bound (2,119) East Bound (1,965) AM Peak AM (185) 7:30 AM –8:30 AM Peak AM (235) 7:45 AM– 8:45 AM PM Peak PM (275) 5:15 PM – 4:00 PM Peak PM (228) 6:00 PM – 7:00 PM * Based on the 2018 City of Southlake Traffic Count Report N. Kimball Avenue (74) (between E. Highland St. and E. Dove Road) 24hr North Bound (3,005) South Bound (3,142) AM Peak AM (207) 11:45 AM –12:45 PM Peak AM (375) 7:00 AM– 8:00 AM PM Peak PM (296) 4:15 PM – 5:15 PM Peak PM (216) 6:00 PM – 7:00 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact Use Area (sq. ft.) Vtpd* AM- IN AM- OUT PM- IN PM- OUT Office (710) 850 3 3 1 1 2 Fitness (492) 1,100 37 1 1 3 3 Retail (814) 4,385 194 15 16 13 10 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: There will no trees removed for this request. UTILITIES: Water An 8-inch water line exists along the north side of the E. State Highway 114 frontage road and 6-inch water lines are available for each lot within the development. Sewer An 8-inch sanitary sewer line exists at the northwest corner of the proposed office development. CITIZEN INPUT: A SPIN meeting was held on April 23, 2019. STAFF COMMENTS: Site Plan Review Summary No. 2, dated May 3, 2019 is included as Attachment ‘C’. N:\ N:\Community Development\MEMO\2019 Cases\0024 - ZSP - 1500 N. Kimball Ave Case No. Attachment B ZA19-0024 Page 1 Case No. Attachment C ZA19-0024 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA19-0024 Review No.: Two Date of Review: 5/3/19 Project Name: Zoning Change and Site Plan – Cates Landing aka Ward Retail 1500 N. Kimball Ave. APPLICANT: The Exercise Coach OWNER: Donnie/Leigh Ann Ward Mike Sims Donnie Ward 1257 County Road 2331 Valley View, TX Phone: 214-850-1504 Phone: 847-988-0748 Email: m.sims@exercisecoach.com Email: ATA Const@aol.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/22//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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us All development must comply with the underlying zoning district regulations. _________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No comments. _________________________________________________________________________________ Public Works/Engineering Review Kevin Ferrer, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA19-0024 Page 2 No comments. _________________________________________________________________________________ Public Works Traffic Division Stephanie Taylor Transportation Manager Phone: 817-748-8216 Email: staylor@ci.southlake.tx.us No comments. _________________________________________________________________________________ General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 75 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. Case No. Attachment D ZA19-0024 Page 1 Surrounding Property Owners Owner Property Address Zoning Acreage Response 1. OSMAN, FARHAT 2117 E DOVE RD SF1-A 2.99 NR 2. WARD, DONNIE W 2199 E DOVE RD C1 0.93 NR 3. WAGNER, PAUL 1620 N KIMBALL AVE C1 0.68 NR 4. WAGNER, PAUL 1480 N KIMBALL AVE SF1-A 0.55 NR 5. WAGNER, PAUL 1480 N KIMBALL AVE SF1-A 0.56 NR 6. OSMAN, FARHAT 2150 E DOVE RD SF1-A 1.04 NR 7. WAGNER, PAUL 1480 N KIMBALL AVE SF1-A 0.98 NR 8. DOVE COMMERCIAL PROPERTIES LLC 2180 E DOVE RD C1 0.55 NR 9. MCPHERSON, RICKEY 1604 N KIMBALL AVE SP2 2.97 NR 10. DECARO, THOMAS 2080 E DOVE RD SF1-A 7.57 NR 11. Superintendent of Carroll ISD NR 12. Superintendent of Grapevine Colleyville ISD NR 13. Superintendent of Northwest ISD NR 14. Superintendent of Keller ISD NR 15. City of Grapevine NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Letters Sent: Eleven (11) Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: Case No. Attachment E ZA19-0024 Page 1 Surrounding Property Owner Responses No responses received to date Case No. Attachment E ZA19-0024 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-761 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 LOT 34, F. THROOP NO. 1511 ADDITION; AND BEING .85 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-1” NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH “C-1” NEIGHBORHOOD COMMERCIAL DISTRICT USES AND INCLUDING AN ADDITIONAL PERMITTED USE FOR A COMMERCIAL SCHOOL FOR PERSONAL FITNESS TRAINING, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as “C-1” Neighborhood Commercial 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 Case No. Attachment E ZA19-0024 Page 3 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 and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, Case No. Attachment E ZA19-0024 Page 4 sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake , Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas being approximately .85 acres, and more fully and completely described in Exhibit "A" from "C-1” Neighborhood Commercial District to "S-P-1" Detailed Site Plan district with “C- 1” Neighborhood Commercial District uses and including an additional permitted use for a commercial school for personal fitness training as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the specific conditions established in the motion of the City Council: City Council motion for approval: 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 Case No. Attachment E ZA19-0024 Page 5 pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Case No. Attachment E ZA19-0024 Page 6 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2019. _________________________________ MAYOR ATTEST: Case No. Attachment E ZA19-0024 Page 7 _________________________________ 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 ZA19-0024 Page 8 EXHIBIT "A" Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas, according to the plat recorded in Instrument No. D212214780, Plat Records, Tarrant County, Texas, being approximately 0.848 acres. Case No. Attachment F ZA19-0024 Page 1 EXHIBIT "B" Reserved for Exhibits