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Item 10 - Staff ReportCase No. ZA23-0042 S T A F F R E P O R T September 1, 2023 CASE NO: ZA23-0042 PROJECT: Zoning Change and Site Plan for Floor and Decor EXECUTIVE SUMMARY: Philip Cochran of Floor and Décor and Bill Dahlstrom of Jackson Walker LLP, on behalf of the owner Greenway – 1709 Eleven Partners, are requesting approval of a Zoning Change and Site Plan for Floor and Décor, for property described as Tract 1B02, John A Freeman Survey Abstract No. 529, City of Southlake, Tarrant County, Texas and located at 2185 E. Southlake Blvd., Southlake, Texas. Current Zoning: “B-1” Business Service Park District. Requested Zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8. DETAILS: The property is a 7.8-acre tract of land located southwest of the intersection of East Southlake Boulevard and South Kimball Avenue. The purpose of this request is to consider a Zoning Change and Site Plan approval for a roughly 7.8-acre lot of land from “B-1” Business Service Park District to “S-P- 1” Detailed Site Plan District zoning with “B-1” Business Service Park District and “C-3” General Commercial District uses, and including a single occupancy retail tenant that is greater than 60,000 square feet. The applicant is proposing an approximately 75,000 square foot building intended for retail uses, more specifically a Floor and Décor retail center. The building as proposed will be completely masonry in construction and 25’ in height except for a decorative entry feature above the main entrance on the north façade, topping at 37’ in height. The Development Regulations accommodate this height, however this would generally not be considered a variance and meets the Height Exceptions of Ordinance No. 480, as amended, Section 33.5. The applicant is proposing a reduction in parking supported by a Parking and Trip Generation analysis provided. The property will have two points of access for traffic circulation to a common access driveway with direct access to E. Southlake Blvd. and Village Center Drive. Case No. ZA23-0042 PROPOSED “S-P-1” REGULATIONS: Proposing a reduction in parking from the required number of 318 to 143. A Parking and Trip Generation Study has been provided by Kimley Horn. Requesting approval of “Regal Red” as an accent color as shown on the façade elevations. The color falls in the range of prohibited colors. Variance to Ordinance No. 480, as amended, Section 42.4(f) regarding bufferyard requirements. The applicant is proposing to plant less than the required bufferyard canopy trees within the north and south bufferyards, and less than the required accent trees within the west bufferyard. The difference across the entire development is fourteen (14) less canopy trees, and seventeen less accent trees. The applicant proposes to increase the caliper size of twenty-eight (28) canopy trees provided within the bufferyards to 6” to compensate for providing less than the required number of trees. REQUESTED VARIANCE: Variance to Driveway Ordinance No. 634, as amended, Section 5.2. Stacking depth between the edge of Village Center Drive and the proposed south driveway of Floor and Decor is required to be 100’. The applicant is proposing approximately 41.5’ in order to align with an existing driveway across the common access road. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of the Zoning Change and Site Plan Case No. ZA23-0042 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 3, dated September 1, 2023 (D) Surrounding Property Owners Map (E) Surrounding Property Owner Responses (F) Ordinance No. 480-806 Full Size Plans (for Commission and Council members only) Proposed Development Regulations Corridor Planning Committee Report SPIN meeting Report PowerPoint Presentation Plans Parking and Trip Generation Study TIA STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0042 Page 1 BACKGROUND INFORMATION OWNER: Greenway – 1709 Eleven Partners APPLICANT: Philip Cochran – Floor and Décor Bill Dahlstrom – Jackson Walker, LLP PROPERTY SITUATION: 2185 E. Southlake Blvd. LEGAL DESCRIPTION: Tract 1B02, John A Freeman Survey Abstract No. 529 LAND USE CATEGORY: Retail Commercial, Office Commercial CURRENT ZONING: “B-1” Business Service Park District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: - The property was annexed into the City in 1957. - The zoning designation of “B-1” Business Service Park District was placed on the property with the adoption of Ordinance No. 480 in 1989. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The 2035 future land use designations for the site are primarily “Retail- Commercial” and “Office Commercial”. The site is roughly split between the two uses with Retail Commercial on the north side and Office Commercial on the south side. The applicant has proposed changes to these recommendations in a separate item (CP-23-0001). Retail Commercial Purpose and Definition: The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed. Office Commercial Purpose and Definition: The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office‐related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses Case No. Attachment A ZA23-0042 Page 2 and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi‐Public categories previously discussed. Mobility & Master Thoroughfare Plan Access to the site will be through a common access easement with direct access to both E. Southlake Boulevard and S. Village Center Drive. The Master Thoroughfare Plan shows Southlake Blvd. to be a six-lane divided arterial with 130’ to 140’ of right of way. Village Center Drive is proposed to be a two-lane undivided collector with 60’ of right of way at build-out. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a <8’ multi-use trail along Village Center Drive. The applicant is proposing to escrow funds for the sidewalk along the future extension of Village Center Drive adjacent to the site. TRANSPORTATION ASSESSMENT: Mobility & Master Thoroughfare Plan Access to the site will be through a common access easement with direct access to both E. Southlake Boulevard and S. Village Center Drive. The Master Thoroughfare Plan shows Southlake Blvd. to be a six-lane divided arterial with 130’ to 140’ of right of way. Village Center Drive is proposed to be a two-lane undivided collector with 60’ of right of way at build-out. Area Road and Network Conditions The site proposes access via a Common Access Easement to E. Southlake Blvd. and S. Village Center Drive. No traffic data exists for Village Center Drive. For the purposes of this analysis, staff has included data for S. Kimball Ave. as this is the only accessible roadway intersection with Village Center Drive at this time. E. Southlake Blvd. (F.M. 1709) (between Kimball Ave. and Carroll Ave.) 24hr West Bound (22,000) East Bound (23,522) AM Peak (1,506) 11:45-12:45 AM Peak (2,327) 7:15 – 8:15 AM PM Peak (2,223) 4:30 – 5:30 PM Peak (1,547) 12:30 – 1:30 PM * Based on the 2018 City of Southlake Traffic Count Report S. Kimball Ave. (between E. Southlake Blvd. and Crooked Lane) 24hr North Bound (5,605) South Bound (5,039) AM Peak (505) 7:45 - 8:45 AM Peak (557) 3:15 – 4:15 PM PM Peak (580) 4:30 – 5:30 PM Peak (460) 3:15 – 4:15 PM * Based on the 2018 City of Southlake Traffic Count Report Case No. Attachment A ZA23-0042 Page 3 Traffic Impact: A Traffic Impact Analysis (TIA) conducted by Halff Associates and a Trip Generation and Parking Analysis provided by Kimley Horn was reviewed by Teague Nall and Perkins, Inc. (TNP) who have no reservations with the City’s acceptance of these studies. The TIA makes the following general recommendations in summary: The study provides that the new development will generate approximately 83 new weekday AM peak hour one-way vehicle trips and 125 new weekday PM peak hour one-way vehicle trips. This study considered nine (9) Floor and Décor locations throughout the country. There has been significant interest in the increase in delivery traffic at this site. The TIA makes the following statement regarding such traffic: “Halff collected three (3) days of traffic counts at the access connections to the loading dock area on the south side of the Marshalls / PGA Superstore building, to identify current heavy vehicle activity in this area. A total of 108 heavy vehicle trips were observed across the three days that traffic count data was collected, an average of 36 heavy vehicle trips per day. Since each trip represents a one-way movement, either in to or out of the development, this equates to 18 heavy vehicles entering and exiting the Kimball Oaks site each day. Of the 108 total daily trips, 14 were observed entering the Dawson MS site from Village Center Drive. The count data also showed that heavy vehicle activity during the school AM and PM peak periods is minimal. An average of 2 heavy vehicle trips during the AM peak period and 5 heavy vehicle trips during the school PM peak period were observed across the three-day count duration. One of the AM peak period trips was associated with the school. It is important to note that the trips observed at the Kimball Avenue / Kimball Oaks driveway intersection cannot all be assumed to be associated with the Marshalls / PGA Superstore building, as there are seven other retail buildings within the Kimball Oaks that could be served by some of the truck traffic entering / exiting the site at this location.” No improvements to surrounding roadways are proposed at this time. The applicant’s Site Plan shows the dedication of Village Center Drive along the southern boundary of their site which would be provided with subdivision approval. Case No. Attachment A ZA23-0042 Page 4 TREE PRESERVATION: If the development were proposed as traditional zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 39.64% of existing tree cover on the site and a minimum of 60% would be required to be preserved. A total of 95.66% is proposed to be removed, and 4.34% is proposed to be preserved. The applicant is proposing to plant less than the required bufferyard canopy trees within the north and south bufferyards, and less than the required accent trees within the west bufferyard. The difference across the entire development is fourteen (14) less canopy trees, and seventeen less accent trees. The applicant proposes to increase the caliper size of twenty- eight (28) canopy trees provided within the bufferyards to 6” to compensate for providing less than the required number of trees. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: An 8” water line exists along the east and west boundary of the property. An 8” sewer line exists along the west boundary of the property. Case No. Attachment A ZA23-0042 Page 5 DRAINAGE: Drainage on the property is to be channeled to existing storm drainage facilities. CITIZEN INPUT: A Corridor Planning Committee meeting for this project was held on March 29, 2023, and a SPIN Meeting for this item was held on April 25, 2023. STAFF COMMENTS: Attached is Site Plan Review Summary No. #3, dated September 1, 2023. Case No. Attachment B ZA23-0042 Page 1 Case No. Attachment C ZA23-0042 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA23-0042 Review No.: Three Date of Review: 09/01/23 Project Name: Zoning Change and Site Plan – Floor & Decor APPLICANT: OWNER: Floor & Décor – Philip Cochran Greenway-1709 Eleven Partners 2500 Windy Ridge Pkwy SE Marietta, GA 30067 2800 Fairmount Street, STE 100 Dallas, TX 75201 C/O William Dahlstrom and Victoria Morris C/O Christy Hammons Phone: 214.953.5932 Phone: 214.699.4844 Email: wdahlstrom@jw.com / vmorris@jw.com Email: chammons@greenwayinvestment.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/21/23 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 REAGAN ROTHENBERGER AT (817) 748-8602. 1. No further comments. The following comments are informational. • All driveways must comply with the Driveway Ordinance No. 634, as amended. The following changes are needed: a. Sufficient stacking depth between the south driveway and Village Center Drive shall be provided. Staff calculates a required stacking depth of 100’ from the edge of the right of way line to the edge of the intersecting driveway. Development Standards note this standard. • An 8’ trail is required along the north side of Village Center Drive per the Pathways Master Plan. Development Standards note the applicant’s willingness to escrow funds for their portion of construction. • “Regal Red” as provided (RAL 3020) closely matches prohibited reds as described in Ord. 480, as amended, Section 33.21 and related appendices. Development Standards note that no more than 5% of the façade shall be this color. • Parking requirements are noted in the Development Standards. The minimum number of parking spaces called for in the development regulations for this specific tenant and specific use is 70, however, the Detailed Site Plan calls for 143. If the site were parked by code, it would require 318 parking spaces. A Parking Analysis has been provided by the applicant to justify the variance. Case No. Attachment C ZA23-0042 Page 2 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 1. If the development were proposed as traditional zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 39.64% of existing tree cover on the site and a minimum of 60% would be required to be preserved. A total of 95.66% is proposed to be removed, and 4.34% is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; Case No. Attachment C ZA23-0042 Page 3 v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: 1. Please provide a variance request to the Bufferyads Regulations of Section 42, within the City of Southlake Zoning Ordinance for proposing to not plant the full amount of required canopy trees and accent trees within the bufferyards. This is included in the Development Regulations. The applicant is proposing to plant less than the required bufferyard canopy trees within the north and south bufferyards, and less than the required accent trees within the west bufferyard. The difference across the entire development is fourteen (14) less canopy trees, and seventeen less accent trees. The applicant proposes to increase the caliper size of twenty-eight (28) canopy trees provided within the bufferyards to 6” to compensate for providing less than the required amount. * Three (3) existing trees are proposed to be preserved and credited towards required interior landscape canopy trees. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA23-0042 Page 4 Public Works/Engineering Review 1. I-values for both pre and post do not match the most current values from the ISWM manual. 2. The total drainage area for both pre and post do not match. * Rather than extending a stub to the west for a future water along Village Center Drive and constructing a parallel public water line along the southern side of the proposed building, Public Works would rather extend the proposed 8” waterline along Village Center to the west and connect the looped line. This will eliminate the parallel public water lines and just push the southern waterline within right-of-way. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA23-0042 Page 5 Fire Department Review 1. The required backflow protection (double check valve) for the sprinkler system 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. (Label riser location to verify exact termination point of piping, and indicate size of the riser room, if the room is enclosed within the warehouse) (If not enclosed in a room, show protection barriers around the fire protection equipment to prevent damage or obstruction to the components of the system) 2. The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC location not indicated on the plans) Add FDC location, wall mount or remote connection to meet the distance requirements. Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA23-0042 Page 6 General Informational Comments * The Development Review Committee (DRC) has determined that this pre-submittal is sufficient for formal consideration by the Planning and Zoning Commission (P&Z). A formal submittal must be received at the City by 5:00 P.M. on August 21, 2023 in order to move forward to the September 7th Planning and Zoning Commission meeting. * 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. * Noise levels shall comply with the requirements of the current noise ordinance, 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. * 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. * 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, 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 Case No. Attachment D ZA23-0042 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 3503 RP SOUTHLAKE CORNERS KIMB C3 200 N KIMBALL AVE 0.450326913 NR 2 SOUTHLAKE SPE SOUTH LLC SP1 2225 E SOUTHLAKE BLVD 1.814430852 NR 3 GREENWAY-1709 ELEVEN PARTNERS SP1 2175 E SOUTHLAKE BLVD 2.750914146 NR 4 BENNER HOLDINGS LLC SP1 2171 E SOUTHLAKE BLVD 1.104355599 NR 5 GATEWAY CHURCH CS 2121 E SOUTHLAKE BLVD 3.651109183 NR 6 SOUTHLAKE SPE SOUTH LLC SP1 2245 E SOUTHLAKE BLVD 2.351795235 F 7 CARROLL, ISD CS 400 S KIMBALL AVE 3.484798857 NR 8 CHAPMAN, GREG SF1-A 211 EASTWOOD DR 0.19746644 NR 9 STRAFACE, ANGELA SF1-A 213 EASTWOOD DR 0.332830816 NR 10 SUPERINTENDENT OF CARROLL ISD NR 1000 GREENWAY-1709 ELEVEN PARTNERS B1 2185 E SOUTHLAKE BLVD 8.090436387 U Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 11 Responses Received within 300’: In Favor: 1 Opposed: 0 Undecided: 0 No Response: 10 Responses Received outside 300’: In Favor: 0 Opposed: 1 Undecided: 0 Case No. Attachment E ZA23-0042 Page 1 NOTICE RESPONSES WITHIN 300’ Case No. Attachment F ZA23-0005 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-806 To be drafted. Case No. Attachment F ZA23-0005 Page 2 EXHIBIT “A” Metes and Bounds Description To be provided. Case No. Attachment F ZA23-0005 Page 3 EXHIBIT “B” Reserved for approved Site Plan