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Item 9Case No. ZA21-0080 S T A F F R E P O R T October 15, 2021 CASE NO: ZA21-0080 PROJECT: Zoning Change and Site Plan for Mody Southlake EXECUTIVE SUMMARY: DeVleer Consulting Services, on behalf of the owner, Southlake Commons Holdings, LLC, is requesting approval of a zoning change and site plan on property described as Lot 2, Block 1, Gumm Scifres Addition, City of Southlake, Tarrant County, Texas and located at 2101 E. Southlake Blvd., Southlake, Texas. The current zoning is “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The site is located on the southeast corner of the intersection of E. Southlake Blvd. and S. Village Center Drive. The purpose of this request is to add an attached 18’-4” by 10’ metal awning to the northeast corner of the building. The area under the awing will be utilized for outdoor seating. The site shall be subject to all previous conditions of approval for case ZA13-075 and Ordinance No.480-647, unless specifically approved otherwise. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated October 15, 2021 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-647a Full Size Plans (for Commission and Council members only) Presentation Narrative Ordinance No. 480-647 Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA21-0080 Page 1 BACKGROUND INFORMATION OWNER: Southlake Commons Holdings, LLC APPLICANT: DeVleer Consulting Services PROPERTY SITUATION: 2101 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 2, Block 1, Gumm Scifres Addition, City of Southlake, Tarrant County, Texas. CURRENT ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses HISTORY: -A zoning change and concept plan for “O-1” Office District zoning for Gumm Professional Offices was approved for a portion of Lot 2 (the subject lot) and the two adjacent Tracts to the south April 17, 2001 (Lots 3 & 4) (ZA00-126). -A site plan for Bank One was approved for Lot 2 (t he subject lot) September 4, 2001 (ZA01-068). -A sign variance for Modia Home Theatre Store was a pproved by City Council April 16, 2013 (SV13-005) October 15, 2013; City Council approved a zoning change and site plan from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow limited “C-2” Retail Commercial District uses to construct a two-story, 8,800 square foot addition on to the existing one -story, 4,100 square foot building; noting approval of the variance to the driveway ordinance; the clock depicted on the building renderings will be a working clock; green screening wall on the south elevation will be enhanced with a cross vine vegetation; applicant will extend the stone planter on the eastern side of the north elevation similar to what is depicted on the west side of the north elevation; and, the applicant will frame the d oors on the north elevation complementary to the other doors noted on the renderings presented to Council.(ZA13-075) SOUTHLAKE 2035: Consolidated Land Use Plan 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 Case No. Attachment A ZA21-0080 Page 2 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. The development as proposed appears to be consistent with the intent of the land use designation at this location. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan designates E. Southlake Blvd. as a 130 ’ Regional Boulevard, F.M. 1709, and S. Village Center Drive as a 2 -lane undivided 60’ collector street that is planned for future extension south, then east along the southern border of Gateway Ch urch property and continue east all the way to S. Nolen Drive. Existing Area Road Network and Conditions There is one existing 24’ common access easement within this development that accesses the Gateway Church property to the east. PATHWAYS MASTER PLAN AND SIDEWALK PLAN: The Pathways Master Plan and Side walk Plan show a planned on -street bikeway and a completed 8’ trail on both sides of E. Southlake Blvd. The approved site plan shows a 5’ sidewalk along the western boundary / east side of S. Village Center Drive. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions E. Southlake Blvd (14) (between Kimball & Carroll) 24hr West Bound (22,000) East Bound (23,522) AM Peak AM (1,506) 11:45AM – 12:45PM Peak AM (2,327) 7:15 – 8:15AM PM Peak PM (2,223) 4:30 – 5:30 PM Peak PM (1,547) 12:30 – 1:30PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact Use Area Vtpd* AM- IN AM- OUT PM- IN PM- OUT Specialty Retail (814) 13,010 577 43 46 37 28 * 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/ LANDSCAPE : No existing trees will be affected with this request. Two Yaupon Holly trees and thirteen Indian Hawthorn shrubs proposed in this area may need to be relocated within the east bufferyard of the site to accommodate the proposed awning. Case No. Attachment A ZA21-0080 Page 3 UTILITIES: Water The site is served by an existing 6-inch water line within the development. Sewer The site is served by an existing 6-inch sewer line within the development There is one existing 24’ common access easement within this development that accesses the Gateway Church property to the east. There are also two existing stub-outs for future connection with the adjacent property on the southern boundary. The previously approved site plan eliminated the stub-out on the southwest boundary. DRAINAGE: The current site drainage flows north and east on the property. CITIZEN INPUT: A SPIN meeting was previously held on August 26, 2014 for this development. A SPIN meeting was not held for this current request. STAFF COMMENTS: The Site Plan Review Summary No. 2, dated October 15, 2021, is located in Attachment ‘C’. The site shall be subject to all previous conditions of approval for case ZA13-075 and Ordinance No.480-647, unless specifically approved otherwise. Case No. Attachment B ZA21-0080 Page 1 Case No. Attachment C ZA21-0080 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0080 Review No.: Two Date of Review: 10/15/21 Project Name: Site Plan – Mody Southlake APPLICANT: DeVleer Consulting Services OWNER: Southlake Commons Holdings, LLC Gary DeVleer Mihir Mody 3849 Van Ness Lane 6808 Hornwood Dallas TX, 75220 Houston, TX 77074 Phone: 214-679-9782 Phone: 713-772-6200 Email: gdevleer@outlook.com Email: mihir@modia.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/4/2021 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 1. The site shall be subject to all previous conditions of approval for case ZA13-075 and Ordinance No.480-647, specifically approved otherwise. Revise the submitted plans to comply with the following: the clock depicted on the building renderings will be a working clock; green screening wall on the south elevation will be enhanced with a cross vine vegetation; applicant will extend the stone planter on the eastern side of the north elevation similar to what is depicted on the west side of the north elevation; and, the applicant will frame the doors on the north elevation complementary to the other doors n oted on the renderings presented to Council. _______________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us LANDSCAPE COMMENTS: 1. There is some required landscaping that may be affected by the proposed awning. Two (2) yaupon Holly trees and Thirteen (13) Indian Hawthorn. * Indicates informational comment. # Indicates required items comment. _______________________________________________________________________________ Public Works/Engineering Review Case No. Attachment C ZA21-0080 Page 2 Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. ______________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. ______________________________________________________________________ General Informational Comments * No review of proposed signs is intended with t his site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance N o. 946, as amended. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones . * The applicant should be aware that prior to issuance of a building permit, a 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 ZA21-0080 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Address Acreage Response 1. JPMORGAN CHASE BANK C3 1700 E SOUTHLAKE BLVD 2.12 NR 2. SOUTHLAKE FOOD MART LP/7- ELEVE C3 2100 E SOUTHLAKE BLVD 0.94 NR 3. WENDY'S PROPERTIES LLC C3 2130 E SOUTHLAKE BLVD 0.79 NR 4. EQYINVEST OWNER II LTD LLP C3 2130 E SOUTHLAKE BLVD 7.37 NR 5. LANDRUM HOLDINGS LLC O1 175 WESTWOOD DR 0.97 NR 6. SOUTHLAKE COMMONS HOLDINGS LLC SP1 111 S VILLAGE CENTER DR 1.48 NR 7. GATEWAY CHURCH CS 2121 E SOUTHLAKE BLVD 13.36 NR 8. VAN BUSKIRK PROPERTIES LLC SP1 131 S VILLAGE CENTER DR 0.90 NR 9. VAN BUSKIRK PROPERTIES LLC SP1 151 S VILLAGE CENTER DR 0.60 NR 10. SOUTHLAKE PROFESSIONAL PARK LL SP1 1825 E SOUTHLAKE BLVD 0.71 NR 11. SOUTHLAKE PROFESSIONAL PARK LL SP1 1845 E SOUTHLAKE BLVD 0.77 NR 12. S VILLAGE CENTER LLC O1 140 S VILLAGE CENTER DR 1.32 NR 13. G VERITAS HOLDINGS LLC SP1 1835 E SOUTHLAKE BLVD 0.68 NR 14. Superintendent of Carroll ISD NR 15. Superintendent of Grapevine Colleyville ISD NR 16. Superintendent of Northwest ISD NR 17. Superintendent of Keller ISD NR F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment D ZA21-0080 Page 2 Notices Sent: Fifteen (15) Responses Received: In Favor: 0 Opposed: 0 Undecided: No Response: 15 Case No. Attachment E ZA21-0080 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses to date Page 12 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-647a 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 DESCRIBED AS LOT 2, BLOCK 1, OF THE GUMM SCIFRES ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.449 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED 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 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 “S-P-1” Detailed 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, Page 12 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 Page 12 zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were 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 legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument # D208302522, Plat Records, Tarrant County, Texas, being approximately 1.473 acres, and more fully and completely described in Exhibit “A” from “O-1” Office District to “S- P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Subject to Site Plan Review Summary No. 4, dated September 18, 2013; noting approval of the variance to the driveway ordinance as requested; the clock depicted on the building renderings will be a working clock; green screening wall on the south elevation will be enhanced with a cross vine vegetation; applicant will extend the stone planter on the eastern side of the north elevation similar to what is depicted on Page 12 the west side of the north elevation; and, the applicant will frame the doors on the north elevation complementary to the other doors noted on the renderings presented to Council. 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 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. Page 12 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 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 Page 12 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. Page 12 PASSED AND APPROVED on the 1st reading the _____ day of _________, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ___ day of ________ 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE: ___________________________ ADOPTED: _______________________ EFFECTIVE: ______________________ Page 12 EXHIBIT “A” PROPERTY DESCRIPTION Being legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument # D208302522, Plat Records, Tarrant County, Texas, being approximately 1.473 acres. Exhibit B “S-P-1” REGULATIONS AS APPROVED WITH ORD. NO 480-647 Page 12 “S-P-1” Detailed Site Plan District for Mody Southlake 1 This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the “C-2 Retail Commercial District” uses and regulations with the following exceptions: Permitted Uses The permitted uses al lowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Bicycle sales and bicycle repair shops 2. Blueprinting or photostating 3. Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc. 4. Cleaning, dying and pressing works; laundry and Laundromats, provided that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses 5. Day nurseries 6. Dog and cat hospitals or small animal hospitals if conducted wholly within a completely enclosed sound-proofed and air-conditioned building, providing that noise or odors created by activities within the building sha ll not be perceptive beyond the property line; that no long term boarding of animals is permitted except where related to medical treatment; and that no animals are kept outside the building at any time 7. Duplicating service, printing, lithographing, mimeographing, multi-graphing and offset printing, providing that that the floor area does not exceed two thousand (2,000) square fee t 8. Grocery stores and meat markets without size limitations; however, specialty grocers and “meals to go” type uses to up two thous and five hundred (2,500) square feet shall be permitted 9. Sporting goods stores specializing in gun sales and repair only 10. Tires, batteries and automobile accessory sa les, provided that such activities occur entirely within the confines of the business structure itself 11. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping Development Regulations: The development regulations allowed pursua nt to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Height: • As stated in Section 18.5 of the O-1 Office District Zoning Ordinance: Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. • Requested Variance - We are requesting that the height of the proposed development be limited as follows: Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed forty (40) feet. 2. Parking Ratio: Page 12 • As stated in Section 35.6(8)(a), Number of Off-Street Parking Spaces Required: Restaurant, Cafeteria or Café: 1 space per each 3 seats under maximum seating arrangement, or 1 space per each 100 squ are feet of floor area, whichever is greater. • Requested Variance – We are requesting the following parking ratio in accordance with the proposed development and the operations therein to be based solely on square footage and not seat count within the restaurant: Parking ratios shall be calculated at one (1) per 100 square feet for res taurant, cafeteria or cafe use. Also the Applicant receives credit for two (2) parking spaces removed pursuant to Planning and Zoning Commission commentary (parking required equals code requirement minus two spaces). Variance to Section 43.9d – Overlay Zones: Horizontal Articulation: • As stated in Sections 43.9(c)(1)(d)(ii), 43.13(4)(i), 43.19(d)(1)(c)(i) of the Overlay Zones Ordinance: 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. • Requested Variance – We are requesting a variance regarding the minimum distance of the offset of the building façade, specifically: 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 20% of the maximum length of either adjacent plane. Variance to Driveway Ordinance 634: Stacking Distance for Driveway on S. Village Drive: • As stated in Driveway Or dinance 634: As shown on Table 2 in Section 5.2(d) of the Driveway Ordinance 634, there is a required 50’ stacking depth for the total number of parking spaces. • Requested Variance: Reduce the 50’ stacking to 30’ as it is currently existing and as shown on the proposed site plan. Existing parking is forty (40) spaces and we are proposing to add parking to a total of eighty-eight (88) spaces. Variance to Section 42.4(f) Bufferyards of Zoning Ordinance: Southeast Bufferyard : • As stated in Section 42.4(f) Bufferyards: As shown in the Table in Section 42.4(f) of the Bufferyards Section of the Zoning Ordinance, there is a required 10’ width for Bufferyard type B . • Requested Variance : Reduce the 10’ width to 5’ along the southeast side of the property at the stub out area as it is currently existing and as shown on the proposed site plan. Page 12 Page 12 Site Plan ZA13-075 Case No. Attachment F ZA21-0080 Page 1 ELEVATIONS ZA13-075