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Item 6Case No. ZA21-0004 S T A F F R E P O R T February 12, 2021 CASE NO: ZA21-0004 PROJECT: Specific Use Permit with Site Plan for Dragon House EXECUTIVE SUMMARY: Jahvani Consulting Engineers, LLC, on behalf of the owner, Wyndham Properties, is requesting approval of a Specific Use Permit with Site Plan on property described as Lot 1R3, Block 1 of the Gateway Plaza Phase II Addition, City of Southlake, Tarrant County, Texas and located at 2640 E. Southlake Blvd., Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #6. DETAILS: The property is located approximately 180 feet west of the intersection of E. Southlake Blvd. and N. Nolen Drive The applicant is requesting approval a Specific Use Permit with Site Plan to construct an approximately 287 square foot dry storage accessory building adjacent to an existing storage/trash dumpster enclosure (approved in the site plan for Steak ‘n Shake in ZA03-098) behind the north side of the building and to add an outdoor patio with fencing and lighting on the west side of the building with a revised west elevation for patio access. The proposal includes updating the paint color for the buildings and storage/trash dumpster enclosure and the required landscaping. The site plan request includes that a portion of the drive thru lane will be converted for the patio area without removal of the existing drive thru lane. The property owner has requested to maintain the drive thru lane for a future return to a drive thru operation should operation of the building change. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Specific Use Permit with Site Plan Request for an Accessory Building and Patio ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Staff Review No. 4 dated February 12, 2021 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 21-005, Specific Use Permit with Site Plan Full Size Plans (for Commission and Council Members only) PowerPoint Presentation Narrative Case No. ZA21-0004 Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA21-0004 Page 1 BACKGROUND INFORMATION APPLICANT: Javhani Consulting Engineers, LLC OWNER: Wyndham Properties PROPERTY SITUATION: 2640 E. Southlake Blvd., Southlake, Texas LEGAL DESCRIPTION: Lot 1R3, Block 1 of the Gateway Plaza Phase II Addition, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Regional Retail CURRENT ZONING: “S-P-2” Generalized Site Plan District HISTORY: May 16, 2000; A Preliminary Plat (ZA00-015) was approved by the City Council. June 6, 2000; A zoning change, from “AG” to “S-P-2”, and a concept plan (ZA00-020) were approved by City Council. July 6, 2000; A final plat (ZA00- 076) was approved for Lot 1, Block 1. April 1, 2002; (ZA02-017) A zoning change and an optional concept plan were approved by City Council on April 1, 2002. April 1, 2003; Approved 2nd Reading (ZA03-008) subject to the Concept Plan Review Summary No. 3, dated March 28, 2003, granting the requested variances for Internal Storage (stacking) – stacking depth for Drive ‘A’ was approved at 38’ of stacking for Drive ‘A’ and 30’ of stacking depth for Drive ‘C’; and Landscape Parking Islands – the applicant is requesting a waiver from the required number of landscape islands and be allowed the use of larger islands as shown on the concept plan. (Landscape parking islands must be provided at 20 SF per parking stall and a minimum size of 12’ wide and equal to the depth of the parking stall). April 15, 2003; City Council approved a Plat Revision (ZA03-004) for Lots 1R, 2R, 3R, 4R, & 5R, Block 1, Gateway Plaza Phase II. February 3, 2004; City Council approved a site plan for Steak and Shake including a variance request for the required pitched roof. (ZA03-098) June 16, 2015; City Council approved a site plan for Pollo Tropical granting the following variances: the color proposed to be used on the east awnings and window inserts on the west elevation are not to be included as signage and are not in our current color palette; noting that the window inserts on the west elevation will be inside the building envelope and not be an external architectural feature; noting that the building colors will be materially consistent with that presented of the color palette to Council this evening; noting that the south elevation will also have colors on its one awning that are materially consistent with that shown on the east elevation; and noting there will be no palm trees as shown or graphics on the south Case No. Attachment A ZA21-0004 Page 2 elevation louvers. (ZA15-041) TRANSPORTATION ASSESSMENT: This request does not affect traffic on or around the property. TREE PRESERVATION/ LANDSCAPING: No protected trees will be affected by the request. The applicant is proposing to add additional interior landscaping that is required with the new storage accessory building. STAFF COMMENTS: Staff Review may be found in the Specific Use Permit with Site Plan Summary No. 4 dated February 12, 2021. Note: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off- street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of Case No. Attachment A ZA21-0004 Page 3 the following (As amended by Ordinance No. 480-MMMM): (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. N:\Community Development\MEMO\2021 Cases\0004 - SUPSP – Dragon House Case No. Attachment B ZA21-0004 Page 1 Case No. Attachment C ZA21-0004 Page 1 SPECIFIC USE PERMIT WITH SITE PLAN REVIEW SUMMARY Case No.: ZA21-0004 Review No.: Four Date of Review: 2/12/21 Project Name: Specific Use Permit with Site Plan – Dragon House APPLICANT: Jahvani Consulting Engineers, Inc. OWNER: Houshang Jahvani, P.E. Wyndham Properties 2121 N. Josey Lane #200 640 W. Southlake Blvd. Carrollton, TX Southlake, TX 76092 Phone: 214-718-9469 Phone: 817-307-3600 Email: jahvani@hotmail.com Email: terry@wyndhamproperties.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/5/21 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 General Information Informational Comments: a. Outdoor seating is not counted per the “S-P-2 zoning regulations for the development. (ZA03-098) Section 45 Specific Use Permits: 45.1.44. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted elsewhere in this ordinance. Subject to the requirements set forth in Section 45.15 of this Ordinance. (As amended by Ordinance No. 480-VVV). 45.4 GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. b. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: Case No. Attachment C ZA21-0004 Page 2 a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The proposed additions do not alter any protected trees. LANDSCAPE COMMENTS * The proposed dry storage addition is less than 5,000 square feet and 30% of the existing building square footage. Only landscape area and associated plant material must be provided for 50% of the dry storage building footprint. Any other required plant material shown on the original Landscape Plan which is missing, removed, or altered for the construction of the dry storage building and patio must be replaced elsewhere on the property. * Indicates informational comment. # Indicates required items comment. _________________________________________________________________________________ Development Engineering Review Sandy Endy, P.E. Civil Engineer Phone: (817) 748-8101 Case No. Attachment C ZA21-0004 Page 3 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. DRAINAGE COMMENTS: 2. Please provide an existing and proposed conditions Drainage Area Map showing the drainage calculations for the property. The drainage area map provided with the original building construction can be utilized for the existing drainage area map. Please include tables listing the existing and proposed 5-year and 100-year flows to show that the proposed improvements are not creating additional storm water runoff. INFORMATIONAL COMMENTS: * 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. *=Denotes informational comment to be completed on the Civil Construction Drawings. ____________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Provide an exterior weatherproof horn/strobe for the patio addition that is connected to the existing fire alarm panel. Due to the occupant load of the patio addition, which calculates to 62 occupants, both gates on the patio must swing in the path of egress from the patio and be equipped with panic hardware. Also, illuminated exit signage will be required adjacent to the patio emergency exit gates. ____________________________________________________________________________________ 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. * 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. Case No. Attachment C ZA21-0004 Page 4 * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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. * The applicant should be aware that prior to issuance of a building permit, 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. * Denotes Informational Comment Case No. Attachment D ZA21-0004 Page 1 Surrounding Property Owners SPO # Owner Zoning Site Address Acreage Response 1. WYNDHAM PROPERTIES LTD SP2 2600 E SOUTHLAKE BLVD 2.00 NR 2. WYNDHAM PROPERTIES LTD SP2 150 N NOLEN DR 0.60 NR 3. WYNDHAM PROPERTIES LTD SP2 2600 E SOUTHLAKE BLVD 0.79 NR 4. WYNDHAM PROPERTIES LTD SP2 2650 E SOUTHLAKE BLVD 0.98 NR 5. SS DAVIS INVESTMENT LLC ETAL C2 2615 E SOUTHLAKE BLVD 1.97 NR 6. WYNDHAM PROPERTIES II LTD SP2 2704 E SOUTHLAKE BLVD 1.04 NR 7. WYNDHAM PROPERTIES LTD SP2 151 N NOLEN DR 1.01 NR 8. WYNDHAM PROPERTIES LTD SP2 2550 E SOUTHLAKE BLVD 0.68 NR 9. COSTCO WHOLESALE CORP SP2 2604 E SOUTHLAKE BLVD 15.77 NR 10. DCTN3 373 SOUTHLAKE TX LLC SP1 2645 E SOUTHLAKE BLVD 1.64 NR 11. Superintendent of Carroll ISD NR 12. Supt of Grapevine Colleyville ISD NR 13. Supt of Northwest ISD NR 14. Supt of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 9 Case No. Attachment E ZA21-0004 Page 1 Surrounding Property Owners Responses No responses received to date Case No. Attachment F ZA21-0004 Page 1 RESOLUTION NO. 21-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT WITH SITE PLAN WITHIN THE CITY OF SOUTHLAKE, TEXAS LOT 1R3, BLOCK 1 OF THE GATEWAY PLAZA PHASE II ADDITION, CITY OF SOUTHLAKE AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A” AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit with Site Plan on a commercial property has been requested by a person or corporation having a proprietary interest in the property zoned as “S-P- 2” Generalized Site Plan District; and, WHEREAS, in accordance with the requirements of Section 45.1 (44) and 45.15 of the City’s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit with Site Plan is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit with Site Plan is hereby granted for an accessory building on commercial property on 2640 E. Southlake Blvd. being described as Lot 1R3, Block 1 of the Gateway Plaza Phase II Addition City of Southlake as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit “A” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. Case No. Attachment F ZA21-0004 Page 2 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _______ DAY OF _________, 2021. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Amy Shelley City Secretary Case No. Attachment F ZA21-0004 Page 3 EXHIBIT ‘A” Plans and Support Information Reserved for exhibits