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Item 4GCase No. ZA19-0035 S T A F F R E P O R T August 13, 2019 CASE NO: ZA19-0035 PROJECT: Plat Revision for Lots 1-6, Block 1, Kimball Heights EXECUTIVE SUMMARY: On behalf of 495 Kimball, LLC, DeOtte Inc. is requesting approval of a Plat Revision for Lots 1-6, Block 1, Kimball Heights on property described as Lot 4, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 495 S. Kimball Avenue, Southlake, Texas. Current Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The property is located along the east side of South Kimball Avenue, south of Pinnacle Point. The purpose of this request is to obtain approval of a plat revision that will accommodate a 6-lot office development on approximately 3.96 acres. The Plat Revision is associated with the Zoning Change and Site Plan (ZA18-0051) for Kimball Heights office development which was approved by City Council in February 2019; the approval included granting a variance regarding lot frontage. On August 8, 2019, the Planning & Zoning Commission unanimously recommended approval of this item subject to the staff report and plat review summary. ACTION NEEDED: Consider approval of a Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 2, dated July 30, 2019 (D) Surrounding Property Owners Map and Responses Presentation Plat Revision STAFF CONTACT: Ken Baker (817) 748-8067 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA19-0035 Page 1 BACKGROUND INFORMATION OWNER: 495 Kimball, LLC APPLICANT: DeOtte Inc. PROPERTY SITUATION: 495 S. Kimball Ave. LEGAL DESCRIPTION: Lot 4, Block A, Meadow Oaks Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: S-P-1 – Detailed Site Plan District with O-1 – Office District uses HISTORY: - The Meadow Oaks subdivision was zoned A-3 Single Family District and a Final Plat filed in 1979. - The SF-1 Single Family District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 334 in 1986. - The SF-1A Single Family Residential District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 480 in 1989. - The S-P-1 Detailed Site Plan District zoning designation was approved by City Council February 19, 2019. Conditions of approval include granting the requested variance regarding lot frontage and noting the new retaining wall will be similar to the photograph presented to City Council; also noting that medical uses will be restricted to two (2) buildings within the development. (ZA18-0051) SOUTHLAKE 2035 PLAN: Future Land Use Plan The site is designated “Mixed Use”. Purpose and Definition: To provide an option for large-scale, master-planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Case No. Attachment A ZA19-0035 Page 2 Medium Density Residential, Retail Commercial, and Office Commercial categories. Crooked/Kimball Small Area Plan The property is also included in the Crooked/Kimball Small Area Plan. The Future Land Use designation was changed from Low Density Residential to Mixed Use in 2012 as a result of the recommendations in that plan. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows S. Kimball Ave. to be a 4-lane divided arterial with 88’ of right of way. Pathways Master Plan & Sidewalk Plan There is an existing 6’ sidewalk along the west side of S. Kimball Avenue. The approved site plan indicates a 6’ sidewalk to be built on the east side of S. Kimball Avenue along the west boundary of the subject property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The approved development has one direct access drive onto S. Kimball Avenue as well as two access points into the Pinnacle Point development to the north and one access point into the Church of Christ Our King development to the south. There is also one future access point onto Village Center Drive once that roadway is constructed. S. Kimball Ave. (between Crooked Ln. & E. Southlake Blvd.) 24hr North Bound (5,605) South Bound (5,039) AM Peak AM (505) 7:45 AM –8:45 AM Peak AM (557) 7:45 – 8:45 AM PM Peak PM (580) 4:30 – 5:30 PM Peak PM (460) 3:15 – 4:15 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was submitted for the approved development. Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT Medical Office 5,976 217 15 8 11 16 General Office 29,833 330 41 6 8 39 * 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 is approximately 29% of existing tree canopy coverage on the subject property. The submitted Tree Conservation Plan differs from the formerly approved Tree Conservation Plan. Four (4) additional existing trees are proposed to be removed to relocate the existing retaining wall within the right of way of North Kimball so that it will not be within the right Case No. Attachment A ZA19-0035 Page 3 of way, over the existing sanitary sewer line, and so that the sidewalk may be constructed. 37% of the existing tree cover was approved to be preserved but because of the relocation of the retaining wall 36% is proposed to be preserved. CITIZEN INPUT/ BOARD REVIEW: A SPIN Forum for the approved zoning change and site plan was held October 9, 2018; and, a 2035 Corridor Committee Meeting was held November 14, 2018. PLANNING & ZONING COMMISSION: August 8, 2019; Approved (7-0) subject to the Staff Report dated August 2, 2019 and Plat Review Summary No. 2, dated July 30, 2019. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated July 30, 2019. Case No. Attachment B ZA19-0035 Page 1 Case No. Attachment C ZA19-0035 Page 1 PLAT REVIEW SUMMARY Case No.: ZA19-0035 Review No.: Two Date of Review: 07/30/19 Project Name: Plat Revision – Lots 1-6, Block 1, Kimball Heights APPLICANT: DeOtte, Inc. SURVEYOR: Miller Surveying, Inc. Clayton Redinger Jason B. Rawlings 420 Johnson Rd., Ste 303 430 Mid Cities Blvd. Keller, TX Hurst, TX Phone: 817-253-5727 Phone: 817-577-1052 Email: claytonredinger@deotte.com Email: jason@millersurveying-inc.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/22/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. Insure adjacent owner references are current. * The Subdivision Ordinance No. 483, as amended, requires that all lots front on a public or private street. A Variance was approved with the zoning change and site plan under City case ZA18-0051 to allow lot configuration as proposed, with lots fronting on common access easement with 24’ fire lanes. * Connecting stubs must align horizontally and vertically with adjacent property. * For common structures, uses, shared parking, irrigation, etc., an Owner’s Association shall be established. * Provide a copy of the executed cross access, reciprocal parking and property maintenance agreement. * Although the existing retaining wall appears to be located within the 15’ dedicated right of way, the City does not currently own or maintain the wall and does not accept responsibility for it without an official agreement. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: Case No. Attachment C ZA19-0035 Page 2 * The submitted Tree Conservation Plan differs from the formerly approved Tree Conservation Plan. Four (4) additional existing trees are proposed to be removed to relocate the existing retaining wall within the right-of-way of North Kimball so that it will not be within the right-of-way, over the existing sanitary sewer line, and so that the sidewalk may be constructed. The difference in the amount of tree cover proposed to be preserved is 1%. * There is 29% of existing tree cover on the property and if the proposed development was approved as traditional zoning a minimum of 60% of the existing tree cover would be required to be preserved. 37% of the existing tree cover was approved to be preserved but because of the relocation of the retaining wall 36% is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; 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 C ZA19-0035 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. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # 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: 1. Add the following Note to the Plat “Compliance with the provision of the city’s storm drainage policy does not relieve a person of the responsibility of complying with other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. 2. Add FEMA Firm note specifying floodplain status on subject tracts. 3. Add a note specifying that owners shall maintain sigh triangles in accordance with City Subdivision Ordinance. * 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.aspx?NID=266 EASEMENTS: 1. 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 ZA19-0035 Page 4 2. Add a note specifying maintenance responsibility for the detention pond and drainage easements. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. WATER COMMENTS: * 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, etc. * 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. Clearly label all private and public storm lines. 2. 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 * Discharge of post development runoff must have no adverse impact on upstream and downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Check list 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. The 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. Case No. Attachment C ZA19-0035 Page 5 * 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 Operations Department (817) 748- 8082 to connect to the City’s sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments based on submitted information. GENERAL INFORMATIONAL COMMENTS: * It appears this property lies within the 65’ and 75 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. * Through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * All plats filed must have an original signed and stamped Tax Certificate submitted with it from each taxing unit with jurisdiction of the real property, indicating that no delinquent taxes are owed and that taxes for the current year have been paid. After September 1st, a certificate showing that the taxes for that year are paid, but that the taxes for the upcoming year have yet to be calculated is required. (House Bills 1563 & 3101). A copy of this information may be obtained from the Tarrant County Tax Assessor/Collector’s Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s office at 817-212-6847. Case No. Attachment C ZA19-0035 Page 6 * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. * For Tarrant County filing, original signatures and seals will be required on one blackline mylar and one blackline paper copy prior to filing the plat. The mylar and paper copies will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * All development must comply with the S-P-1 zoning district. * Denotes Informational Comment Case No. Attachment D ZA19-0035 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. TRI DAL REAL ESTATE LTD SF1-A 505 S KIMBALL AVE 4.03 NR 2. CHURCH OF CHRIST OUR KING SP1 595 S KIMBALL AVE 3.96 NR 3. 495 KIMBALL LLC SP1 495 S KIMBALL AVE 3.96 F 4. SP SOUTHLAKE-KIMBALL II LLC SP2 455 S KIMBALL AVE 7.30 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Four (4) Responses Received within 200’: One (1) – see attached Case No. Attachment D ZA19-0035 Page 2