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Item 6DCity of Southlake Department of Planning & Development Services S T A F F R E P O R T February 28, 2007 ZA07-002 CASE NO: Zoning Change and Site Plan for Bowen Building PROJECT: REQUEST: On behalf of Brad Bowen, Adams Engineering is requesting approval of a zoning change and site plan from "AG" Agricultural District to "S-P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses. The plan proposes a two- story bank building of 12,508 square feet on approximately 1.18 acres. The applicant requests approval of the “S-P-1” uses and regulations and proposes the following:  The permitted uses and development regulations will follow the "C-2" Local Retail Commercial District. The following variance is being requested:  Driveway stacking depth - The minimum stacking depth required for this site is 35 feet. The applicant is providing approximately 26 feet of stacking. At the February 20, 2007 City Council meeting, the following information was requested to be addressed at the second reading: Item Comments Requiring the applicant to evaluate the cross The applicant has provided an alternate driveway proposal in 1. an effort to address these concerns (See Page 3 of access layout, stacking depth, driveway Attachment C). The plan shows a future driveway centered location and circulation within the site along the west boundary line with half of the driveway within the adjoining west property. The plan also shows the driveway accessing SH 114 from this site being removed with the construction of the new driveway. Staff has not received specific information regarding who is to be responsible of construction of the new driveway and removal of the old driveway. We expect the applicant to address these issues at the City Council meeting. Case No. ZA07-002 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 3, dated February 14, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-515 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Clayton Comstock (748-8269) Case No. ZA07-002 BACKGROUND INFORMATION OWNER: Brad Bowen APPLICANT: Adams Engineering PROPERTY SITUATION: 945 Casey Court & 1110 E. SH 114 LEGAL DESCRIPTION: Lots 18-20, Oaks Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses HISTORY: This property was platted as Lots 18—20 of The Oaks Addition on March 7, 1964. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends East State Highway 114 to have 300-feet to 500-feet of right-of-way. Adequate right-of-way exists for this road. Existing Area Road Network and Conditions The proposed site will have one (1) access directly onto the East State Highway 114 frontage road. Common access easements are shown to be provided into the adjacent properties. East State Highway 114 is a six lane, limited access highway with three lane frontage roads on either side. May, 2006 traffic counts on East State Highway 114 (between Carroll Avenue & Kimball Avenue): Main Lanes 24hr 35,77837,024 West Bound (WB) () East Bound (EB) () WB 2,2763,208 Peak A.M. () Peak P.M. () 5:30-6:30 p.m. 7:45 – 8:45 a.m. EB 3,0462,945 Peak A.M. () Peak P.M. () 7:15 –8:15 a.m. 4:45 – 5:45 p.m. Case No. Attachment A ZA07-002 Page 1 May, 2006 traffic counts on East State Highway 114 (between Carroll Avenue & Kimball Avenue): Frontage Roads 24hr 1,7724,613 West Bound (WB) () East Bound (EB) () WB 169193 Peak A.M. () Peak P.M. () 4:30 – 5:30 p.m. 11:15 – 12:15 a.m. EB 389439 Peak A.M. () Peak P.M. () 3 – 4 p.m. 11:15 – 12:15 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Drive-In Bank 12,508 3,317 88 70 343 343 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on East State Highway 114. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan shows an 8-foot multi-use trail proposed on the north side of State Highway 114. The trail is shown on the site plan. WATER & SEWER: There are currently no water or sewer lines adjacent to this property. A 12 inch water line is proposed to extend east approximately 550-feet from an existing 12-inch waterline along SH 114 at Carroll Avenue. An 8-inch sewer line is proposed to extend east approximately 1200-feet from an existing 8-inch sewer line along SH 114 west of Carroll Avenue. DRAINAGE ANALYSIS: Drainage from this site will flow to the proposed detention pond at the southeast corner of the development. TREE PRESERVATION: Trees shown to be preserved on the approved Tree Conservation Plan are required to remain unaltered as required by the Tree Preservation Ordinance. Any tree shown to be preserved on the approved Tree Conservation Plan that is altered during construction will be required to be mitigated in accordance with the regulations of Ordinance 585-C. SOUTHLAKE 2025: The land use designation is Retail Commercial and the proposed development is consistent with this designation. The S.H. 114 Corridor Plan recommends limiting retail in the S.H. 114 Corridor to key highway interchanges, specifically at Carroll Avenue and White Chapel Boulevard. The proposed development is within the Carroll Avenue “retail node”. Although not required by ordinance, this development should be integrated with any future development to the west of the site. P&Z ACTION: February 8, 2007; Approved (5-0) subject to Site Plan Review Summary No. 2, dated February 2, 2007; granting the requested driveway stacking variance and requiring the applicant to work with the adjoining property owner on location of the dumpster. Case No. Attachment A ZA07-002 Page 2 st COUNCIL ACTION: February 20, 2007; Approved 1 Reading (7-0) subject to Site Plan Review Summary No. 3, dated February 14, 2007 and requiring the applicant to evaluate cross access layout, stacking depth, driveway location and circulation within the site. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated February 14, 2007. N:\Community Development\MEMO\2007cases\07-002ZSP.doc Case No. Attachment A ZA07-002 Page 3 Vicinity Map Bowen Building CAS EY CT S T A T E H W Y N L 1 1 S 4 K A O L O R R A C 40004008001200Feet N WE S Case No. Attachment B ZA07-002 Page 1 Case No. Attachment C ZA07-002 Page 1 Case No. Attachment C ZA07-002 Page 2 ALTERNATE DRIVEWAY EXHIBIT Case No. Attachment C ZA07-002 Page 3 Case No. Attachment C ZA07-002 Page 4 Case No. Attachment C ZA07-002 Page 5 Case No. Attachment C ZA07-002 Page 6 Case No. Attachment C ZA07-002 Page 7 Case No. Attachment C ZA07-002 Page 8 SITE PLAN REVIEW SUMMARY ZA07-002Three02/14/07 Case No.: Review No.: Date of Review: Site Plan Project Name: – Bowen Building – Proposed Lot 18R, Oaks Addition APPLICANT: ARCHITECT: Adams Engineering – Jay Reissig MH Group 500 Nolen Dr; Ste 550 Southlake, TX 76092 Phone: (817)329-6990 Phone: (817)276-8862 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/12/07 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 BEN BRYNER AT (817)748-8602 OR CLAYTON COMSTOCK AT (817) 748-8269. 1.Remove variance request from the provided “S-P-1” letter and provide on a separate variance request letter. 2.The following changes are needed with regard to labeling: a.Show & label an 8’ screening element along the north property boundary. Anything different should be added to the proposed S-P-1 zoning district regulations. An 8' wall, fence, or opaque vegetative screen is required to property currently zoned or used for a single family residence. A proposed living screen is labeled, but the height & types of plants have not been labeled. b.Show all easements on adjacent properties. Street reservation on western boundary may continue further north. 3.The following changes are needed with regard to driveways and drive lanes: a.Provide the required stacking depth. A minimum stacking depth of 35’ is required. Plan A variance has been requested. proposes a stacking depth of 26’. b.Common Access Easements should follow a natural alignment for drive lanes. 4.Correct the “Required Parking” in the Site Data Summary to read “46” – 8 spaces for the first 1,000 square feet plus 1 parking space for 300 additional square feet. INFORMATIONAL COMMENTS Case No. Attachment D ZA 07-002 Page 1 * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 65 * It appears that this property lies within the 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 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. Case No. Attachment D ZA 07-002 Page 2 Case No. ZA07-002 Review No. 2 Dated: 2/14/07 Number of Pages: 2 Project Name: Lot 18R, Oaks Addition -- Zoning Change and Site Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077 Email: ctaylor@ci.southlake.tx.us The following comments are based on the review of plans received on 1/31/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * An access permit from TxDOT is required prior to construction of a driveway on SH 114. Submit application and plans directly to TxDOT for review. * Use the City of Southlake GPS monuments whenever possible. EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. 2. The detention pond shall be located within a drainage easement. Proposed easements shall be dedicated by plat. WATER COMMENTS: * The water line shall be extended to the east property line for future connection. * The City of Southlake Master Water Plan requires a 12” water line along SH 114. The developer may request reimbursement from the City for the cost of upsizing the water line from an 8” to a 12”. * Water meters and fire hydrants shall be located in an easement or in the ROW. SANITARY SEWER COMMENTS: * The proposed sanitary sewer shall be extended to the east property line for future connection. The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public sanitary system line that is built to City standards. * The proposed sewer line shall be located in the parkway - not under pavement, except for crossings. * Sanitary sewer manholes are required a maximum of 500’ apart. * A cleanout will be required at the property line for maintenance access. DRAINAGE COMMENTS: * Provide calculations for existing and proposed conditions. * Ensure that the difference between pre and post development runoff is captured in the detention pond. The discharge from the proposed detention ponds shall control the outfall for the 5, 10 and 100 year storms. * Proposed driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer. * This property drains into Critical Drainage Structure #13 and requires a fee to be paid prior to beginning construction ($371.20/acre). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Case No. Attachment D ZA07-002 Page 3 INFORMATIONAL COMMENTS: * Submit civil construction plans (22” X 34” full size sheets) directly to the Public Works Administration Department 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 * An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM 1938 or SH 114. Submit application and plans directly to TxDOT for review. * A ROW 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’s 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 approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Case No. Attachment D ZA07-002 Page 4 Surrounding Property Owners Bowen Building 13 12 SPO # Owner Zoning Land Use Acreage Retail Commercial 1. NEC Carroll & 114 Partnership AG 0.194 Retail Commercial 2. NEC Carroll & 114 Partnership AG 0.323 Retail Commercial 3. Schulz, Laura AG 0.287 Retail Commercial 4. Schenk, Joel AG 0.248 Retail Commercial 5. Collins, Ted SF-1A 0.504 Retail Commercial 6. Johnson, Deborah AG 0.479 Retail Commercial 7. Steele, Crystal AG 0.295 Retail Commercial 8. NEC Carroll & 114 Partnership AG 0.053 Retail Commercial 9. NEC Carroll & 114 Partnership AG 0.163 Retail Commercial 10. NEC Carroll & 114 Partnership AG 0.210 Retail Commercial 11. NEC Carroll & 114 Partnership AG 0.019 Retail Commercial 12. DFW Carroll Road Ltd AG 0.485 Retail Commercial 13. DFW Carroll Road Ltd AG 0.744 Mixed Use 14. Gateway Church NR-PUD 16.874 Case No. Attachment E ZA07-002 Page 1 Surrounding Property Owner Responses Bowen Building Notices Sent: Eight (8) Responses Receive: Two (2) Name Address Date Position Johnson, Deborah 1213 7th St NE, Minot ND 2/2/2007 Support Schulz, Laura & Edwin 1213 Casey Ct 2/2/2007 Undecided Case No. Attachment F ZA07-002 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-515 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 LEGALLY DESCRIBED AS LOTS 18, 19, & 20, OAKS ADDITION, AND BEING APPROXIMATELY 1.18 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES, 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 as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and Case No. Attachment G ZA07-002 Page 1 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 ad 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 zoning Case No. Attachment G ZA07-002 Page 2 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 Lots 18, 19, & 20, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-36, Slide 52, Plat Records, Tarrant County, Texas, and being approximately 1.18 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. SECTION 2. Case No. Attachment G ZA07-002 Page 3 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. 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. Case No. Attachment G ZA07-002 Page 4 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 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. Case No. Attachment G ZA07-002 Page 5 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 _____ day of ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA07-002 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-002 Page 7 EXHIBIT “A” Being Lots 18, 19, & 20, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-36, Slide 52, Plat Records, Tarrant County, Texas, and being approximately 1.18 acres. Case No. Attachment G ZA07-002 Page 8 EXHIBIT “B” Case No. Attachment G ZA07-002 Page 9 Case No. Attachment G ZA07-002 Page 10 Case No. Attachment G ZA07-002 Page 11 Case No. Attachment G ZA07-002 Page 12 Case No. Attachment G ZA07-002 Page 13 Case No. Attachment G ZA07-002 Page 14 Case No. Attachment G ZA07-002 Page 15