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PZ Item 12 Life TimeCase No. ZA19-0072 S T A F F R E P O R T January 3, 2020 CASE NO: ZA19-0072 PROJECT: Zoning Change and Concept Plan / Site Plan for Life Time EXECUTIVE SUMMARY: On behalf of Southlake Dove Associates, LLC, Kimley-Horn is requesting approval of a Zoning Change and Concept Plan / Site Plan for Life Time on property described as Tract 1F, James J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 550 W. State Hwy. 114, Southlake, Texas.. Current Zoning: “S-P-2” Generalized Site Plan District. Requested Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #3. DETAILS: The purpose of this request is to seek approval of a Zoning Change and Concept Plan / Site Plan to amend existing adopted development regulations on an approximately 25.9 acre tract to develop a two-story, approximately 120,000 square foot Life Time athletic club and outdoor swimming pool area on approximately 13.4 acres of the overall site. Site Data Summary Land Use Designation Mixed Use Existing Zoning “S-P-2” Proposed Zoning “S-P-2” Gross Acreage 13.35 AC Net Acreage 12.46 AC # of Proposed Lots 1 % of Site Coverage 22.41% % of Impervious Coverage 71.5% Building Area 108,148 SF Number of Stories 2 Maximum Building Height 50 FT Proposed Building Floor Area 120,025 SF Building Area Pool Deck Area 58,150 SF 61,875 SF Required Parking 1:200 SF 541 Spaces Provided Parking 594 Spaces VARIANCES REQUESTED: The “S-P-2” zoning district states that “no variances to any other City ordinance, code or regulation will be permitted within this district.” Because the applicant is Case No. ZA19-0072 proposing a change of zoning from “S-P-2” to “S-P-2” anything that would be a variance from the underlying “C-3” General Commercial District zoning designation have been written into the proposed zoning development regulations for this site. Proposed variances requested by the applicant to other development ordinances are shown below. 1. Variance to Zoning Ordinance No. 480, as amended, Section 33.19 (Supplementary District Regulations) and Subdivision Ordinance No. 483, as amended, Section 5.06 (Sidewalks). Per the zoning and subdivision ordinances the applicant is required to provide sidewalks per the City’s Pathways Plan. The applicant proposes to not provide the required multi-use trail ≥ 8’ along the State W. Hwy. 114 frontage road, but rather place funds into an escrow account. PROPOSED DEVELOPMENT REGULATIONS: The subject property must adhere to the adopted development regulations as defined in ordinances 480-220 and 480-220A, and follows the development regulations as identified in the “C-3” General Commercial District where no other adopted development regulations apply. The items below do not represent variances in this case, but rather proposed and/or revised development regulations that are part of the zoning change request. Proposed Development Regulations Regulation Existing Regulation Proposed Regulation Maximum Floor Area (Sec. 22.5.F) Maximum floor area of 60,000 SF Maximum floor area of 120,025* SF with 60,000 SF on the ground floor Temporary Sales Facility (Sec. 45.1.45) SUP required for Temporary Sales Facility Use allowed by right, subject to requirements set forth in Section 45.17 Parking Regulations (Sec. 36.6.b(9)(f)) 1 parking stall / 100 SF of usable area 1 parking stall / 200 SF of usable area Building Height (Ord. No. 480-220A) 45’ Maximum Building Height / 3 Stories 50’ Maximum Building Height / 2 Stories Minimum Number of off- street loading spaces (Sec. 36.6.a.1) 3 Spaces 1 Space Horizontal Articulation (Sec. 43.9.c.1.(d).i) Horizontal Articulation: No building facade shall extend greater than three (3) times the wall’s height without having a minimum off-set of 15% of the wall’s height, and such offset shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. No building façade shall extend greater than 4.3 times the walls height without having a minimum horizontal articulation of 15% of the wall height, such articulation shall be a minimum distance of 25% of the maximum length of either adjacent plane *Staff made this change from 115,000 SF to reflect the site data summary table Proposed Variance Request Regulation Existing Regulation Proposed Regulation Sidewalk on State Hwy. 114 Multi-use trail ≥ 8’ along the State Hwy. 114 frontage road Escrow funds necessary to have 8’ multi-use path constructed with future developments or at any time so designated by the City Case No. ZA19-0072 Proposed Bufferyard and Building Setback Regulations Location Existing Regulation (Bufferyard) Proposed Regulation (Bufferyard) Existing Regulation (Building Setback) Proposed Regulation (Building Setback) State Hwy. 114 25’ (Ord. No. 480-220A) 25’ 50’ (Sec. 43.9.c.2.(a)) 30’ Kirkwood Blvd. 25’ (Ord. No. 480-220A) 10’ 30’ (Sec. 22.5.b) 30’ Internal (Lot Boundary) 25’ (Ord. No. 480-220A) 10’ (North) 5’ (South) 15’ (Sec. 22.5.c) 15’ ACTION NEEDED: 1) Conduct a public hearing 2) Consider recommending approval of a Zoning Change and Concept Plan / Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Zoning Change and Concept Plan / Site Plan Review Summary No. 3, dated January 3, 2020 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-220B Full Size Plans (for Commission and Council members only) Link to Presentation Link to Cover Letter Link to Zoning Document (proposed development regulations) Link to Outdoor Areas Memo Link to Presale Centers Document Link to Plans Link to Building Elevation and Footprint Link to 2035 Corridor Planning Committee Report Link to SPIN Report Link to Comprehensive Plan Review Link to Traffic Impact Analysis Link to Parking Generation Study Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker (817) 748-8067 Jerod Potts (817) 748-8195 Case No. Attachment A ZA19-0072 Page 1 BACKGROUND INFORMATION OWNER: Southlake Dove Associates, LLC APPLICANT: Kimley-Horn PROPERTY SITUATION: 550 W. State Hwy. 114 LEGAL DESCRIPTION: Tract 1F, James J. West Survey, Abstract No. 1620 LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-2” Generalized Site Plan District PROPOSED ZONING: “S-P-2” Generalized Site Plan District HISTORY: A Zoning Change was approved by City Council May 6, 1997, changing the zoning on the property from “AG” Agricultural District to “S-P-2” Generalized Site Plan District to include “CS” Community Service, “O-1” Office District, “C-1” Neighborhood Commercial District, “C-2” Local Retail Commercial District, “C-3” General Commercial District, “B-1” Business Service Park District and “HC” Hotel District uses (Case No. ZA96-130 and Ord. No. 480-220). A Zoning Change and Site Plan for Southlake Center (ZA13-096) from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District with “C-3” General Commercial District uses to also allow a fuel station and outdoor sales areas as shown on the site plan was tabled at the November 21, 2013 Planning and Zoning Commission meeting to the January 9, 2014 meeting. The requested site plan proposed approximately 443,000 square feet of development with an approximately 113,531 square foot grocery store with a drive-through pharmacy and an approximately 96,000 square foot department store as the main anchor stores in the development. This case and the associated Preliminary Plat for Southlake Center (ZA13-097) were withdrawn January 9, 2014. A Site Plan for Town and Country (ZA14-099) for the development of six retail and restaurant buildings totaling approximately 165,320 square feet and the associated Preliminary Plat (ZA14-100) were withdrawn on April 13, 2015. A Zoning Change and Development Plan (ZA17-060) from “S-P-2” Generalized Site Plan District to “TZD” Transitional Zoning District for Metairie of Southlake, which includes 56 residential lots and three (3) open space lots (eight (8) open space lots including the medians) on approximately 29.387 acres and a Zoning Change and Concept Plan for Kirkwood Grove West to revise the “S-P-2” zoning district boundary established in Ordinance No. 480-220 to only include a redefined boundary for the western tract, which was identified as “Tract A” in the ordinance, was approved May 1, 2018. Case No. Attachment A ZA19-0072 Page 2 A Preliminary Plat (ZA17-061) was approved for Metairie at Southlake and Kirkwood Grove West on May 15, 2018. The subject lot currently remains vacant and unplatted. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: A detailed Comprehensive Plan Review has been prepared for this development. Link to Comprehensive Plan Review TRANSPORTATION ASSESSMENT: Traffic Impact A Traffic Impact Analysis (TIA) was prepared for this development. TREE PRESERVATION: Due to vesting rights carried over from ordinances No. 480-220 and 480-220A, the applicant had the option to select between having their proposal reviewed under Tree Ordinance No. 585-B or the latest adopted version of the Tree Ordinance, No. 585-E. The applicant chose to have their application reviewed under 585-B. For a complete development evaluation regarding trees and landscaping, view Attachment C below for the Tree Conservation / Landscape Review from the City’s Landscape Administrator. UTILITIES: This property is served by an existing 18" water line and 24" sanitary sewer line along W. Dove Road. DRAINAGE: Drainage on the property is generally east to west flowing towards State Highway 114. CITIZEN INPUT/ BOARD REVIEW: A 2035 Corridor Planning Committee meeting was held on June 27, 2019. Link to 2035 Corridor Planning Committee Report. A SPIN meeting was held on November 12, 2019. STAFF COMMENTS: Attached is Zoning Change and Concept Plan / Site Plan Review Summary No. 3, dated January 3, 2019. Case No. Attachment B ZA19-0072 Page 1 Case No. Attachment C ZA19-0072 Page 1 ZONING CHANGE AND CONCEPT PLAN / SITE PLAN REVIEW SUMMARY Case No.: ZA19-0072 Review No.: Three Date of Review: 1/03/20 Project Name: Zoning Change and Concept Plan / Site Plan – Life Time APPLICANT: OWNER: Kimley-Horn Southlake Dove Associates LLC Neda Hosseiny Rick Coe 6160 Warren Pkwy. Ste. 210. Frisco, TX 75034 4500 Bissonnet St. Ste. 300. Bellaire, TX 77401 Phone: (972) 731-2197 Phone: (214) 505-1007 Email: neda.hosseiny@kimley-horn.com Email: rcoe@frpltd.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/23/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT JEROD POTTS AT (817) 748-8195. Planning Review Jerod Potts Policy & Strategic Initiative Principal Planner Phone: (817) 748-8195 Email: jpotts@ci.southlake.tx.us Cover Letter Comments 1. In the history portion of the cover letter the applicant incorrectly references ordinance 480-220A., instead calling it 840-220A. Development Regulations Comments 1. For the next submittal, please make sure to update the date shown in the heading for the development regulations to ensure that the latest version of this document is provided with the packet moving forward. 2. Under “A. Permitted Uses” in the narrative please change “Ordinance 480-22A” to say Ordinance 480-220A. This was not changed with the formal submittal. 3. Provide more information about the outdoor pool area. a. Provide a typical or other graphic example of the outdoor pool area configuration as the applicant intends to have it at this specific location, making sure to include the waterslide and any other outdoor recreational equipment in the graphic. 4. Accommodate any Right-of-Way dedication that may be required by TXDOT on the plan as part of the deceleration lane. Typically TXDOT requires 12’ of dedication along with transition. Write a regulation that calculations are based on area shown in the plan. Ensure that if the additional ROW is required by TXDOT that bufferyard width, buildable area, and impervious coverage will remain in compliance. Otherwise an S-P-2 zoning regulation may be needed to address this condition. 5. The hammerhead on the eastern side of the site along Kirkwood Blvd. encroaches into the required bufferyard. At a minimum the applicant will need to write in a regulation to allow for this to occur. Additionally, the site plan should include design features to ensure there is no access from Case No. Attachment C ZA19-0072 Page 2 Kirkwood Blvd. to the hammerhead. This may include such things as bollards, vegetation, etc. a. The applicant indicated in the response letter that this comment was addressed, but this comment is not addressed in the most recently submitted development regulations. General Comments 1. Please make sure that all plan documents match and are consistent in terms of the shown ROW dedication, net acreage, building height, building square feet, etc. There are inconsistencies between the site plan and the overall plan. 2. The site plan document references lot configurations for the future Metairie at Southlake residential development. Because a final plat document of record has not been filed with Tarrant County, show these as future lots based upon the approved final plat for Metairie at Southlake. Currently this references the Metairie development plan. 3. Staff recommends the applicant provide at least two (2) future driveway or access easements (2 to the north and 2 to the south) to ensure future accessibility if and when the undeveloped sites to the north and to the south are developed. The applicant currently shows only one shown access from the proposed Life Time site to the property to the south, and one access point indicated from the Life Time site to the undeveloped property to the north. 4. On the south property boundary towards the center of the property the site plan exhibit lists / illustrates a 10’ building setback where it appears the reference should be for a bufferyard. Please correct this on the site plan exhibit or remove the reference if it is incorrect. 5. Although a regulation has been provided to address the proposed horizontal articulation, the building does not meet vertical articulation. Revise the building as indicated below and meet the vertical articulation requirements, or write a proposed development regulation addressing vertical articulation, as was done for horizontal articulation (43.9.c.1.(d) of the Zoning Ordinance – Overlay Zones). a. The following building facades do not comply with the articulation requirements of the Corridor Overlay Zone section of the Zoning Ordinance: i. The applicant is still not meeting the vertical articulation requirements for either the east elevation or the south elevation. The elevations sheets still show an offset of 6’6” but walls may not exceed the maximum 144’ length without having an offset of a minimum 7’2.” ii. The north elevation (labeled on the sheet provided by the applicant as the east elevation) does not meet the vertical articulation requirements (vertical offset). There is a wall length that exceeds the maximum 144’ length without having an offset of a minimum 7’2”. 1. Please make sure to illustrate the offsets in the drawings. This was not shown in the drawing for the north elevation. b. First and second floor plan drawings were not included with the formal submittal, as was included with the resubmittal. If the intention was to do so, please include before the next submittal. 6. The colored planting plan (Sheet LP2.01) provided with the submittal shows a kids play area on the north side of the building. a. Please label the kids play area on the site plan. 7. Corrections are needed in the Site Data Summary Table. a. Please revise the maximum building height to match with what is being requested in the development regulations. The site plan says 48’ and the development regulations say 50’. Case No. Attachment C ZA19-0072 Page 3 The following are recommendations and observations by staff where your application may benefit and does not represent a requirement. • For a more efficient review process, staff would prefer that when a resubmittal is made the applicant addresses each staff comment individually. • Staff recommends providing a materials sample board. • Given the amount of surface parking proposed, the applicant should consider providing easily identifiable walking paths from the parking area to the building. • Please be aware the City of Southlake Subdivision Ordinance Section 8.05 requires that new subdivisions provide all wire and communication utilities underground. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The approval of the current zoning and concept plan under Ordinance No. 480-220A vested this property under the regulations of the Tree Preservation Ordinance 585-B. The applicant has the option to request that the development of the property be regulated by the current Tree Preservation Ordinance 585-E, but has requested that it be regulated by the Tree Preservation Ordinance 585-B. Under the regulations of Tree Preservation Ordinance 585-B the allowed removal of protected trees are as follows: Non-residential Development: In a non-residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of this Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of this Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of this Ordinance. * EVALUATIONS: The Landscape Administrator shall evaluate any plans required by this Ordinance to determine whether the developer has made a good-faith effort to preserve as many protected trees as possible. The Landscape Administrator shall prepare an analysis and forward it to the Planning and Zoning Commission and the City Council for their consideration regarding denial or approval of any concept plan, site plan, and preliminary plat that is necessary for development. The Planning and Zoning Commission and the City Council shall take into consideration the criteria for tree preservation listed in Section 4.5 of this Ordinance in determining whether to deny or approve any concept plan, site plan, or preliminary plat. Case No. Attachment C ZA19-0072 Page 4 The criteria within Section 4.5 which the Planning and Zoning Commission and the City Council take into consideration for tree preservation in determining whether to deny or approve any concept plan, site plan, or preliminary plat. a. Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; b. The cost of preserving the tree; c. The increased development costs caused by preserving the tree; d. Whether the tree is worthy of preservation; e. The effect of the alteration on erosion, soil moisture, retention, flow of surface waters, and drainage systems; f. The need for buffering residential areas from the noise, glare, and visual effects of nonresidential uses; g. Whether the tree interferes with a utility service; h. Whether the proposed tree replacement procedures pursuant to Section 7 of this Ordinance adequately mitigate the alteration of the tree; and i. Whether the alteration adversely affects the public health, safety or welfare. * Development Evaluation It does appear the applicant has made a good-faith effort to preserve as many protected trees as possible. The main factors that are driving the removal of so many existing trees on the site are the required storm water detention/retention, compliance with the Americans with Disabilities Act (ADA) regulations, and the proposed grades of Kirkwood Boulevard. The existing topography on the site falls thirty-eight feet (38’) from the northeast corner to the northwest corner, and twenty-two feet (22’) from the southeast corner to the northwest corner, and where the proposed grades and existing grades come close to matching there are few to no existing trees. If the site were terraced in some way accessibility would be limited and it would not be able to meet the ADA regulations. The applicant has reduced the total required parking and provided interior landscape area on the west side of the site to preserve trees. A retaining wall is proposed east of the west drainage easement to allow for the matching of topography and the preservation of trees. Combined required parking landscape islands have been provided within the south parking to preserve trees, and the proposed off site grading onto Parcel A1 has been reduced to preserve trees that are not on the site. To comply with the regulations of the Tree Preservation Ordinance 585-B all protected trees proposed to be removed and fall outside of the proposed utility easements, drainage easements, fire lanes, required parking areas, and the building pad, are proposed to be mitigated. The total proposed tree removal mitigation is 1,459.20 inches, of which eighty-nine (89) four inch (4”) caliper trees equaling 356” are proposed to be planted on site in addition to the required landscaping, and 1,103.20 inches equaling the mitigation fee $164,928.20 is proposed to be paid in the Reforestation Fund. * 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 Case No. Attachment C ZA19-0072 Page 5 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. LANDSCAPE COMMENTS: 1. Provided parking landscape area is required to be provided at the ends of rows of parking, within the rows of parking, and are areas measured 12’ x 18’. And 12’ x 36’. Calculating all of the provided parking landscape areas only equals to 16,922 square feet instead of 19,421 as shown to be provided. A minimum of 17,820 square feet is required. 2. There are continuous rows of parking with insufficient landscape islands provided. Please provide the sufficient amount of parking landscape islands to breakup continuous rows of parking. PARKING LOT LANDSCAPE AREA REQUIREMENTS: The parking lot landscape area requirements shall be as follows based on the percentage of parking located between the building façade and the R.O.W.. Any new parking area added to an existing site shall comply with the requirements herein. Less than 25% = 15 sq. ft. per parking stall 25% - 75% = 20 sq. ft. per parking stall Greater than 75% = 30 sq. ft. per parking stall Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter 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 parking stall. Parking lot landscape areas do count towards the total required interior landscape area. Existing Trees: The Landscape Administrator may approve variations to the parking lot landscape island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the parking lot landscape island shall be as follows: Tree Size Min. Island Width Min. Dist. Tree to Curb 6" - 12" DBH = 12' minimum width 4’ Greater than 12" DBH = 18' minimum width 8’ 3. The hammerhead drive on the east side of the building is placed slightly within the east bufferyard. Access drives may cut through required bufferyards but other forms of paving and impervious areas may not be provided within a bufferyard unless specifically requested within the zoning/development regulations. USE OF BUFFERYARDS – A bufferyard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this 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 Case No. Attachment C ZA19-0072 Page 6 trash dumpsters. 4. The curb in front of the parking spaces adjacent to the south property line is within the south bufferyard area. Please maintain the total width of the required bufferyard. 5. It seems that the provided parking landscape islands may not be included within the provided interior landscape area. The area of parking landscape islands do count towards provided interior landscape area. 6. Please place the canopy trees provided for the south bufferyard along the entire length of the bufferyard instead of all on the east end of the bufferyard. * Eleven (11) additional canopy trees are provided over the minimum requirement. These include the total interior landscape and parking lot landscape canopy trees. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Brent Anderson, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: banderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a p lan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls 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. 3. Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. Case No. Attachment C ZA19-0072 Page 7 * 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 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 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 GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Total linear length of pipe from the water main to the riser located in the indicated riser room appears to be in excess of 100 feet, but a vault is not indicated on the plans) Plans indicate that the sprinkler system riser will be located within a mechanical room on the property, ensure proper clearances are provided around all fire protection equipment in this area. Traffic Review Case No. Attachment C ZA19-0072 Page 8 Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us Site Plan: 1. Staff recommends providing clear accessible paths for pedestrians from the parking lot to the front of the building. 2. Provide sidewalks along the site’s frontage to the SH 114 service road. Parking Generation Study * Staff has reviewed this document and found the conclusions reasonable based on the included data. General Informational Comments * Note: regarding the construction of W. Kirkwood Blvd., a developer’s agreement will need to be executed. * Ensure the centerline and ROW geometry of W. Kirkwood Blvd. matches the approvals and recorded instruments associated with Metairie at Southlake. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The following comment was previously included above in the first comment response letter. The applicant has acknowledged the comment; however, it is being included as an informational item moving forward. The subject property lies within the City’s SH 114 Land Use Corridor and is subject to the Corridor Overlay Zone as defined in Section 43.3 of the zoning ordinance. Please note that true stucco applied over in a three-step process is considered a masonry material. b. The applicant must meet the masonry requirements as set out in Masonry Ordinance, No. 557, as amended, as well as the other architectural standards identified in this section. i. Reference Masonry Ordinance, No. 557, as amended, for a list of masonry materials. ii. The building must have at least eighty percent (80%) of all exterior walls, excluding doors, constructed of masonry materials or glass (Ord. No. 557-A, Section 1.e). The applicant will be required to meet this regulation, or, the applicant will be required to request in writing a variance to this regulation. As part of the next submittal, please provide a matrix indicating the distribution by percentage of masonry and non-masonry materials proposed with this development. iii. On the site plan, or other applicable document, show the calculation of masonry on the building. c. The applicant will be required to screen all mechanical equipment, per 43.9.c.1.(c). d. The applicant will be required to provide vertical and horizontal articulation, per 43.9.c.1.(d). e. Note that all exposed columns shall be constructed of, or clad in, the same masonry material as the principal structure. 43.9.c.1.(e). f. Note the requirement that no more than 50% of any façade may be reflective glass, which Case No. Attachment C ZA19-0072 Page 9 is defined as having a reflectance of greater than 10%. With the revised submittal, please provide identify the percentage of reflective glass used. See comment 9.ii above. g. *Any deviations from these items that are needed should be included with proposed S-P-2 zoning regulations. * 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. * Please reference Section 43.9.c.2.(c) for specific regulations for loading and service areas for properties located with the SH 114 Corridor. Any service areas intended for tractor/trailer must be screened in accordance with this section. * A minimum 8 foot tall masonry screen wall matching the principal building with a solid metal access gate is required for all trash dumpsters. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Attached: Southlake 2035 Corridor Planning Committee Staff Memo – June 27, 2019 meeting Southlake 2035 Corridor Planning Committee Meeting Report – June 27, 2019 meeting cc: Rick Coe Case No. Attachment D ZA19-0072 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. KIRKWOOD HOLLOW HO ASSOC RPUD 425 STOCKTON DR 0.317 NR 2. MORALES, MICHAEL D RPUD 2300 IDLEWILD CT 0.377 O 3. SHIVERS FAMILY PTNRSHIP LTD AG 1900 N WHITE CHAPEL BLVD 39.538 NR 4. SOUTHLAKE DOVE ASSOCIATES LLC TZD 500 W SH 114 29.492 NR 5. VERIZON WIRELESS TEXAS LLC NRPUD 500 W DOVE RD 24.858 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Five (5) Responses Received: One (1) as of January 3, 2019 (1 in opposition) 1 2 5 3 4 Case No. Attachment D ZA19-0072 Page 2 Case No. Attachment E ZA19-0072 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-220B 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 APPROXIMATELY 25.914 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH MIXED USES, TO INCLUDE LIMITED USES IN THE FOLLOWING DISTRICTS: "CS" COMMUNITY SERVICE DISTRICT, "O-1" OFFICE DISTRICT, "O-2" OFFICE DISTRICT, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT, "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, "C-3" GENERAL COMMERCIAL DISTRICT AND "HC" HOTEL DISTRICT, TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH MIXED USES, TO INCLUDE LIMITED USES IN THE FOLLOWING DISTRICTS: "CS" COMMUNITY SERVICE DISTRICT, "O-1" OFFICE DISTRICT, "O-2" OFFICE DISTRICT, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT, "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, "C-3" GENERAL COMMERCIAL DISTRICT AND "HC" HOTEL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN / SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and Case No. Attachment E ZA19-0072 Page 2 use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and, 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 a nd 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 Case No. Attachment E ZA19-0072 Page 3 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 a nd the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are call ed 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. Case No. Attachment E ZA19-0072 Page 4 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 d escribed areas be altered, changed and amended as shown and described below: Being an approximately 25.914 acre tract or tracts of land, and more fully and completely described in Exhibit “A” from "S-P-2" Generalized Site Plan District with Mixed Uses, to include limited uses in the following districts: "CS" Community Service district, "O-1" Office District, "O-2" Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C- 3" General Commercial District and "HC" Hotel District, to “S-P-2” Generalized Site Plan District with Mixed Uses, to include limited uses in the following districts: "CS" Community Service district, "O-1" Office District, "O-2" Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C-3" General Commercial District and "HC" Hotel District, as depicted on the approved Concept Plan / Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: RESERVED FOR CITY COUNCIL MOTION AT SECOND READING SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made i n accordance with the comprehensive plan for the purpose of promoting the health, safety, Case No. Attachment E ZA19-0072 Page 5 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a Case No. Attachment E ZA19-0072 Page 6 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 in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 21st day of January, 2020. _________________________________ MAYOR ATTEST: Case No. Attachment E ZA19-0072 Page 7 _________________________________ CITY SECRETARY Case No. Attachment E ZA19-0072 Page 8 PASSED AND APPROVED on the 2nd reading the 4th day of February, 2020. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0072 Page 9 EXHIBIT “A” Being an approximately 25.914 acre tract or tracts of land and more particularly and completely described as follows: PROPERTY DESCRIPTION 25.914 ACRES BEING a tract of land situated in the James J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and being all of that called 25.914 acre tract of land described in a Special Warranty Deed to Dove 114 Infinity, LLC recorded in Instrument Number D206409451, Official Public Records of Tarrant County, Texas, (O.P.R.T.C.T.) said 25.914 acre tract being a portion of that called 55.300 acre tract of land subsequently conveyed in the Special Warranty Deed to Southlake Dove Associates, LLC, recorded in Instrument Number D215094206, O.P.R.T.C.T. and being more particularly described as follows: BEGINNING at a 3-1/4 inch brass monument stamped "Texas Department of Transportation" found for the north end of a corner clip at the intersection of the southerly right -of-way line of Dove Road also known as County Road 3080 (a variable width public right-of-way) with the northeasterly right-of-way line of State Highway No. 114 (variable width public right-of-way) and being the Northwest corner of said 55.300 acre tract of land; THENCE along the southerly right-of-way line of said Dove Road same being the northerly line of said 55.300 acre tract of land, the following: North 82°16'13" East, a distance of 317.92 feet to a 3 -1/4 inch brass monument stamped "Texas Department of Transportation" found for corner; South 89°57'23" East, a distance of 250.00 feet to a 3-1/4 inch brass monument stamped "Texas Department of Transportation" found for corner; North 00°02'37" East, a distance of 17.52 feet to a 5/8 inch iron rod with cap stamped "Survcon" found for an angle point in the north line of said 25.914 ac re tract of land; THENCE over and across said 55.300 acre tract of land and along the north and east lines of said 25.914 acre tract of land same being the west lines of that called 29.386 acre tract of land described in the Special Warranty Deed to Dove 114 Infinity, LLC recorded in Instrument Number D207449557, O.P.R.T.C.T., the following: South 89°40'42" East, a distance of 336.17 to a point for corner; South 02°31'44" East, a distance of 152.07 feet to 1/2 inch iron rod found for the point of curvature of a curve to the left having a radius of 1000.00 feet; Southeasterly with said curve to the left through a central angle of 30°36'54" for an arc distance of 534.33 feet, a chord bearing of South 17°50'11" East and a chord distance of Case No. Attachment E ZA19-0072 Page 10 528.00 feet to a 5/8 inch iron rod with cap stamped "SURVCON INC" found for the point of reverse curvature of a curve to the right having a radius of 1000.00 feet; Southeasterly with said curve to the right through a central angle of 27°37'13" for an arc distance of 482.08 feet, a chord bearing of South 19°19'59" East and a chord distance of 477.43 feet to a 1/2 inch iron rod found for the point of tangency; South 05°31'21" East, a distance of 138.98 feet to a 5/8 -inch iron rod with cap stamped "SURVCON" found in the south line of said 55.300 acre tract of land and the north line of that called 42.790 acre tract of land described In a Special Warranty Deed to The Shivers Family Partnership, Ltd., recorded in Volume 13218, Page 461, Deed Records of Tarrant County, Texas; THENCE South 89°28'39" West along the common line of said 55.300 acre tract of land and said 42.790 acre tract of land, a distance of 862.57 feet to a point for corner, from which a 3 - 1/4 inch aluminum monument stamped "Texas Department of Transportation " found bears South 11°27' East, a distance of 0.4 feet, being in the northeasterly right -of-way line of said State Highway No. 114; THENCE along the northeasterly right-of-way line of said State Highway No. 114, the following: North 19°29'13" West, a distance of 134.63 feet to a 3-1/4 inch brass monument stamped "Texas Department of Transportation" found for corner; North 41°11'22" West, a distance of 53.81 feet to a 3-1/4 inch brass monument stamped "Texas Department of Transportation" found for corner; North 19°29'13" West, a distance of 900.00 feet to a point for corner, from which a 1/2 inch iron rod with cap stamped "SURVCON" found bears South 58°23' East, a distance of 0.3 feet; North 06°23'21" West, a distance of 154.01 feet to a 3 -1/4 inch brass monument stamped "Texas Department of Transportation" found for corner; North 38°00'31” East, a distance of 30.64 feet to the to the POINT OF BEGINNING and containing a computed area of 1,128,797 square feet or 25.914 acres of land, more or less. Case No. Attachment E ZA19-0072 Page 11 EXHIBIT “B” RESERVED FOR APPROVED EXHIBITS