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Item 6A (4)City of Southlake Department of Planning & Development Services S T A F F R E P O R T August 1, 2007 ZA07-005 CASE NO: Zoning Change and Site Plan for Chapel Crossing Shopping Center PROJECT: REQUEST: On behalf of James Stahala, Oracle Engineering is requesting approval of a zoning change and site plan from "AG" Agricultural District and "C-1" Neighborhood Commercial District to "S-P-2" Generalized Site Plan District with “C-3” district uses. The plan proposes the development of 5 building totaling approximately 45,000 square feet of retail floor area located at the southwest intersection of N. White Chapel and SH 114. During the July 17, 2007 City Council meeting the applicant was asked to consider the following changes: Item Comments 1) Add some knee walls of a minimum of 24 inches in height in the Applicant has agreed with this request; but is various window areas and provide a rendering of the knee walls at not shown on submitted plans. 2nd reading; 2) Provide some language regarding the fireplace amenity feature that Applicant has agreed with this request. will obligate the tenant of that space to certain operational hours and maintenance; 3) Requiring applicant to review monument signs with the intent to have The applicant has submitted revised designs less percentage of signage on the monument face; for the monument signs as part of their sign variance request (Item 6B on the agenda) 4)Allowing only the cornices and accents to have any synthetic stucco;The rear side of Buildings A & B still show a textured coating on concrete tilt wall. 5) Requiring the applicant to visit with Mr. Larson regarding his The applicant will address this issue at the comments prior to 2nd Reading; Council meeting. 6) Requiring the detention area to have stained concrete; Applicant has agreed with this request; but is not shown on submitted plans. 7) Requiring the trees in the detention area to be a minimum of 5 to 6 Applicant has agreed with this request; but is inches caliper to be an effective screening at the time of planting; not shown on submitted plans. 8) Requiring applicant to look at increasing the berm along SH114 to a Applicant has agreed with this request; but is minimum of 3 feet in height; not shown on submitted plans. 9) Consider angled parking and fewer parking spaces between Buildings The plan has been revised to show angled A and B; parking and a reduction of 4 parking spaces. 10) Applicant to put in median along White Chapel Boulevard if it hasn’t Median is shown from SH114 to the south side already been placed prior to the issuance of a C.O. and subject to the of the N. White Chapel Driveway. approval of the City Engineer; 11) The trees shown on building end caps in color elevations/renderings Applicant has agreed with this request; but is need to be shown on site plan or landscape plan. not shown on submitted plans. Case No. ZA07-005 During the May 15, 2007 City Council meeting the applicant was asked to consider the following changes: Item Comments 1) Access from White Chapel is problematic The stacking depth has been brought into compliance, a turn lane has been added and median extended to restrict it to right-in/right- out only. 2)Evaluate articulation variance A vertical articulated element has been added to the rear (west side) of Building ‘A’. Still does not comply with horizontal or vertical requirements. 3) Drive through restaurant not acceptable on this The drive thru has been eliminated. site 4)2” caliper trees not acceptable and no effort The minimum caliper size for canopy tree is 4 inch. made in preserving any trees (TCP) 5) Scale, design, and mix of uses are not See link to the color plans below. Several design elements have appropriate given the location on a key site on S. H. been added to the plan. 114 (entry site) (“under whelmed” by the design). 6) Need to address White Chapel frontage better See link to the color plans below. Design elements have been since the local traffic will be off White Chapel Blvd added to the plan along with a decorative pond. 7) Treat the S.H. 114 frontage with better See link to the color plans below. Design elements have been landscaping and bufferyard treatments; limit parking added to the plan along with a berm on the SH114 frontage. 8) Underground overhead utilities on the site No comments received 9) Create a unique design with some features and See link to the color plans below. identity (w/ landscaping, water features, fountains, etc) 10) Limit glass in the façade See link to the color plans below. 11) Evaluate signage (monument signs) along See link to the color plans below. A conditional sign proposal frontage road will be presented with the second reading of this item. 12) Limit flat roofs on the pad sites; screen roof-Current regulations require a pitched roof on the pad sites. This mounted HVAC will be evaluated with future site plans for the pad sites. The applicant requests approval of the “S-P-1” zoning proposes to allow “C-3”general commercial district uses but shall delete the following as permitted uses: (2) Auditoriums, theaters and cinemas (5) Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses (16) Lodges, sororities and/or fraternities (18) Mortuaries, funeral homes and undertakers (20) Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device (26) Skating rinks, ice and roller (indoor only) (27) Taverns, clubs, and other comparable establishments under which the on- premises consumption of alcoholic beverages is permitted subject to the issuance of a special use permit as required in Section 45; Case No. ZA07-005 (gasoline sales and hotels have been removed as permitted uses from the original application). The development regulations shall follow the “C-3” district with the following exceptions: 1) The required parking ratio shall be 1 space per 200 square feet for all uses 2) Allow the horizontal/vertical articulation on the west façade of building ‘A’ as proposed. 3) Interior Bufferyards – Bufferyards along interior lot lines shall not be required. The following variances are being requested: 1)Minimum 100’ stacking depth required for the drives located on N. White Chapel Blvd (97’ provided) and Countryside Ct.(30’ & 36’ provided) 2)The driveway proposed on N. White Chapel Blvd does not meet the minimum 200’ spacing required from a street intersection (±150’ provided) 3)The west façade Building ‘A’ does not meet articulation requirements. (The applicant believes this façade will not be visible from SH114 which would exempt it from this requirement.) The maximum wall length permitted is 69 feet for both horizontal and vertical articulation. The provided horizontal length is 142 feet and the provided vertical length is 165 feet. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 6, dated August 1, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Summary Report (H) Ordinance No. 480-521 (I) Previously Submitted Plans (a) 03-19-2007 (b) 07-03-2007 (c) 07-11-2007 (J) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA07-005 BACKGROUND INFORMATION OWNER: James B. Stahala APPLICANT: Oracle Engineering PROPERTY SITUATION: The property is located at 245 W. State Highway 114 and 200 Countryside Ct. LEGAL DESCRIPTION: Lot 1, Block A, Ravenaux Village & Tract 6J, T.M. Hood Survey, Abstract No. 706 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “AG” Agricultural District and “C-1” Neighborhood Commercial District REQUESTED ZONING: “S-P-2” Generalized Site Plan District HISTORY: - Final Plat was approved in January 1988 -“C-1” zoning was placed on the southern portion of the property with the adoption of Ordinance No. 480, in September 1989. COMPREHENSIVE PLAN ASSESSMENT: Consolidated Land Use Plan Recommendations The land use designation is Retail Commercial and the proposed development is consistent with o this designation. Environmental Resource Protection (ERP) Plan Recommendations Although not required by ordinance, the ERP Plan recommends preserving trees where feasible o and incorporating landscape features into new developments. Consider altering the site design to preserve some of the trees and perhaps make the retention pond a focal point of the development. In particular, consider eliminating some of the parking to preserve the pecan trees near the outside seating areas. Mobility & Master Thoroughfare Plan Recommendations A sidewalk is required along Countryside Court. (Provided) o Although not required by ordinance, sidewalks are recommended along the fire lanes in front of o the buildings to provide easy pedestrian access on the site. (Internal sidewalks are provided) Although not required by ordinance, access to the church property to the west is recommended, o if feasible. (Provided at the trail and sidewalk stubs on the north and south. An additional connection near the outdoor seating area and the southeast corner of the adjacent church parking lot should also be considered). Case No. Attachment A ZA07-005 Page 1 Southlake Pathways Plan Recommendations The required 8 ft. trails along the access road and White Chapel are shown. (Provided) o TREE PRESERVATION: The best “quality” trees are located close to and along the west property boundary line. The Tree Conservation Plan shows that all existing trees will be removed except for one (1) 12” Blackjack Oak in the northwest corner of the property and that a 23” Post Oak is Marginal because of the location of the proposed parking and access dive along the west property boundary. TRANSPORTATION ASSESSMENT: The plan proposes site will have one (1) access directly onto E. Bound Service Road of E. SH114, one onto N. White Chapel Boulevard and two onto Countryside Court. A common access easement is provided between lots within the property. N. White Chapel Boulevard is currently a 2-lane, undivided roadway. Construction of the ultimate pavement section (4 Divided, 88’ ROW) is scheduled for the fiscal year 2006/2007. May, 2006 traffic counts on N. White Chapel Blvd (between Highland Ave and S.H. 114) 61734407 North Bound (NB) () South Bound (SB) () 554434 Peak A.M. () 7:15 – 8:15 Peak A.M. () 8:15 – 9:15 a.m. a.m. 682359 Peak P.M. () 4:30 – 5:30 Peak P.M. () 3 – 4 p.m. p.m. May, 2006 traffic counts on E. SH 114 service road (between W. Dove & N. White Chapel Blvd. 15661493 East Bound (EB) () West Bound (WB) () 136121 Peak A.M. () 7:30 – 8:30 Peak A.M. () 7:30 – 8:30 a.m. a.m. 167)152 Peak P.M. ( 5 – 6 p.m. Peak P.M. () 5 – 6 p.m. Case No. Attachment A ZA07-005 Page 2 Traffic Impact ` WATER & SEWER: An 8-inch water line currently exists along the north side of Countryside Court. Also, an 8-inch sanitary sewer line currently exists along the south side of Countryside Court. DRAINAGE ANALYSIS: Drainage from this site flows to the south to the proposed detention and retention ponds along Countryside Court. P&Z ACTION: March 22, 2007; Approved to table (6-0) until April 5, 2007. April 5, 2007; Approved to table (7-0) until April 19, 2007. April 19, 2007; Approved to table (7-0) until May 3, 2007. May 3, 2007; Approved (4-1) subject to Site Plan Review Summary No. 4, dated April 27, 2007; and subject to the following modifications 1) Granting variances to driveway stacking (comment 2a) and driveway spacing (comment 2b) allowing the right-in right-out driveway on N. White Chapel with the condition that they work with staff to insure that the design restricts any left-out movement and extending the median south of the White Chapel Driveway; 2) Requiring brick pilasters and wainscot along the west façade of Building A 3) Eliminating the “C-3” uses as specified in the applicant’s letter dated April 25, 2007 and more specifically as follows: (2) Auditoriums, theaters and cinemas (5) Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses. (7) Conventional golf courses, including outdoor driving ranges Case No. Attachment A ZA07-005 Page 3 accessory thereto, but excluding outdoor miniature golf courses. (16) Lodges, sororities and/or fraternities (17) Medical care facilities to include nursing and care homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. (18) Mortuaries, funeral homes and undertakers. (20) Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device. (26) Skating rinks, ice and roller (indoor only). (27) Taverns, clubs, and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of this ordinance. The mere reference to this provision within the zoning ordinance does not indicate or imply that the sale or consumption of alcoholic beverages has been or will be permitted under the alcoholic beverage laws of the State of Texas. It is only intended to define a location for this type of use if its existence should be permitted by state law. And removing the request for gasoline sales and hotels as permitted uses. COUNCIL ACTION: May 15, 2007; Approved to table first reading (6-0) until June 5, 2007 with the following recommendations:  Access from White Chapel is problematic  Evaluate articulation variance  Drive through restaurant not acceptable on this site  2” caliper trees not acceptable and no effort made in preserving any trees (TCP)  Scale, design, and mix of uses are not appropriate given the location on a key site on S. H. 114 (entry site) (“under whelmed” by the design).  Need to address White Chapel frontage better since the local traffic will be off White Chapel Blvd.  Treat the S.H. 114 frontage with better landscaping and bufferyard treatments; limit parking  Underground overhead utilities on the site  Create a unique design with some features and identity (w/ landscaping, water features, fountains, etc)  Limit glass in the façade Case No. Attachment A ZA07-005 Page 4  Evaluate signage (monument signs) along frontage road  Limit flat roofs on the pad sites; screen roof-mounted HVAC June 5, 2007; Approved to table until July 17, 2007. July 17, 2007; Approved first reading (6-0) subject to Site Plan Review Summary No. 6, dated July 11, 2007;  granting the requested variances for driveway spacing and stacking;  subject to applicant’s presentation and renderings presented tonight;  noting applicant will look at creating some knee walls of a minimum of 24 inches in height in the various window areas and will provide a nd rendering of the knee walls at 2 reading;  requiring color palette to be similar to what was presented;  requiring applicant to bring back some language regarding the fireplace amenity feature that will obligate the tenant of that space to certain operational hours and maintenance;  requiring applicant to review monument signs with the intent to have less percentage of signage on the monument face;  allowing only the cornices and accents to have any synthetic stucco;  requiring the applicant to visit with Mr. Larson regarding his comments nd prior to 2 Reading;  requiring the detention area to have stained concrete;  requiring the trees in the detention area to be a minimum of 5 to 6 inches caliper to be an effective screening at the time of planting;  requiring applicant to look at increasing the berm along SH114 to a minimum of 3 feet in height;  to look at angled parking and fewer parking spaces between Buildings A and B;  applicant to put in median along White Chapel Boulevard if it hasn’t already been placed prior to the issuance of a C.O. and subject to the approval of the City Engineer;  and, trees shown on end cap need to be shown on site plan. STAFF COMMENTS: Site Plan Review Summary No. 6 dated August 1, 2007 is attached. N:\Community Development\MEMO\2007cases\07-005ZCP.doc Case No. Attachment A ZA07-005 Page 5 Case No. Attachment B ZA07-005 Page 1 Changes Following the June 5, 2007 City Council Meeting Chapel Crossing Shopping Center SH 114 and White Chapel Blvd. Southlake, Texas Changes to project since initial submittal, 02-05-07: 1.Relocate SH 114 driveway to the west. 2.Relocate White Chapel Blvd. driveway to the south. 3.Add deceleration lane at White Chapel Blvd. 4.Extend driveway throat at White Chapel Blvd.; Delete variance request #5. 5.Remove drive-thru use on restaurant pad site; redesign pad site. 6.Remove parking row on pad sites adjacent to SH 114 landscape buffer. 7.Add berming at SH 114 frontage buffer yard. 8.Add requirement for sloped roofs at pad sites. 9.Remove various parking spaces as requested by P&Z and Council. 10.Revise SH 114 sidewalk to straight from curvilinear (TxDOT request). 11.Add additional pedestrian sidewalks throughout development. 12.Design tenant directory monument signs. 13.Design shopping center identity monument sign. 14.Add patterned colored pavement at driveway entries and center plaza area. 15.Develop plaza areas at Buildings A and B; add seating areas with trellis and exterior fireplace. 16.Add pedestrian level bollard lighting. 17.Add benches. 18.Redesign all building elevations for Buildings A, B, and C; delete variance request #6 regarding horizontal articulation. 19.Increase total building area by 2,100 square feet, primarily at restaurant pad. 20.Increase masonry at rear elevations of Buildings B and C; delete variance request #7 regarding masonry requirements. 21.Add vertical articulation to rear facades of Buildings A and B; meet vertical articulation requirement for rear of Building A. 22.Add cornice detail at rear of Buildings A and B. 23.Redesign landscaping at detention pond/Countryside Ct. to better screen rear of Building B. 24.Redesign Building C with 100% masonry all sides. 25.Develop patio area at White Chapel Blvd. (East) façade with trellis and waterwall feature. 26.Replace detention pond with decorative pond feature. Case No. Attachment C ZA07-005 Page 1 Revised “S-P-1” Zoning District Foster McDonald, PLLC Attorneys at Law 8117 Preston Road Suite 495 Dallas, Texas 75225 1 Fax: (214) 363-955 Mark D. Foster (214) 363-9599 mark@mdfoster.com mark@mdfoster.com Brenda N. McDonald (214) 363-0600 brendamcdonald@verizon.net brendamcdonald@verizon.net April 25, 2007 Mr. Dennis Killough Senior Planner City of Southlake 1400 Main Street Southlake, Texas 76092 Re: ZA07-005 Chapel Crossing Shopping Center Dear Mr. Killough, th I am writing to confirm the representations made at the April 19 Planning & Zoning Commission meeting in the above referenced zoning case. The applicant hereby removes the following uses contained in Section 22.2 of the Zoning Ordinance from its rezoning request: (2) Auditoriums, theaters and cinemas (5) Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses (16) Lodges, sororities and/or fraternities (18) Mortuaries, funeral homes and undertakers (20) Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device (26) Skating rinks, ice and roller (indoor only) (27) Taverns, clubs, and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to the issuance of a special use permit as required in Section 45 Case No. Attachment C ZA07-005 Page 2 of this ordinance In addition, the applicant withdraws its request for hotel and gas sales uses on the property. By separate delivery, we are submitting a revised site plan that relocates the White Chapel driveway to the south and includes a deceleration lane approaching the driveway. The revised site plan also increases the stacking distance on the two drives located on Countryside Court. The site plan revisions are based on extensive discussions with Innovative Transportation Solutions, our traffic engineering consultant, who will be rd present at the May 3 meeting to discuss these issues in more detail. Lastly, we are submitting a revised Traffic Impact Analysis. Please contact me immediately if you need to discuss any aspect of this case. I am out of town but am available at any time by email or by phone (972) 978-9866. Thanks in advance for your efforts to bring this rd back before the Commission on May 3. With kind regards, Brenda N. McDonald cc: Mark Hardaway Case No. Attachment C ZA07-005 Page 3 Originally Proposed “S-P-1” Zoning Case No. Attachment C ZA07-005 Page 4 Case No. Attachment C ZA07-005 Page 5 Case No. Attachment C ZA07-005 Page 6 Case No. Attachment C ZA07-005 Page 7 New Site Plan Case No. Attachment C ZA07-005 Page 8 New Elevations Case No. Attachment C ZA07-005 Page 9 New Elevations Case No. Attachment C ZA07-005 Page 10 New Elevations Case No. Attachment C ZA07-005 Page 11 New Elevations Case No. Attachment C ZA07-005 Page 12 New Elevations Case No. Attachment C ZA07-005 Page 13 New Monument Sign Case No. Attachment C ZA07-005 Page 14 PLAN REVIEW SUMMARY ZA07-005Six08/01/07 Case No.: Review No.: Date of Review: Site Plan for S-P-2 Zoning Project Name: – Chapel Crossing Shopping Center DEVELOPER: ENGINEER Greenway Investment Company Oracle Engineering Phone: Phone: (214) 321-1436 Fax: MattKostial@sbcglobal.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/30/07 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072. 1)The following changes are needed to the proposed “S-P-2” zoning document: a)The regulation requiring bufferyards only along the perimeter boundary of the S-P-2 zoning district and eliminating bufferyards along interior lot boundaries as proposed has been omitted. Please correct. b)No. 1 & 2 (driveway variances) should be moved to a “Variance” section of the document. Driveways are regulated under the separate “Driveway Ordinance No. 634” and cannot be modified as part of a zoning regulation. With regard Note No. 2, the spacing on Countryside does comply, it is stacking poses the issue fro both White Chapel & Countryside. 2)The following changes are needed with regard to driveways: a)Provide the minimum 100’ stacking depth required for all driveways. The following do not comply: (Variance Requested) i)The drive located on SH114 (43’ provided) (Variance Requested) ii)East driveway on Countryside Ct (30’ provided). (Variance Requested) iii)West driveway on Countryside Ct (36’ provided). b)The driveway proposed on N. White Chapel Blvd does not meet the minimum 200’ spacing (Variance Requested) required from a street intersection (± 150’ provided). c)The final design of right-in/ right-out traffic control structure at the driveway onto N. White Chapel is subject to review and approval by the City Engineer. * A permit is required from TxDOT on all driveways accessing a State thoroughfare. 3)The following changes are needed with regard to the exterior elevations: Case No. Attachment D ZA07-005 Page 1 4) (Variance Requested - The The west façade of Building ‘A’ does not meet articulation requirements. applicant believes this façade will not be visible from SH114 which would exempt it from this requirement. The maximum wall length permitted is 69 feet. The provided horizontal length is 161 feet and the vertical length is 76 feet.) INFORMATIONAL COMMENTS 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. * Insure that all mechanical equipment is screened from view of adjacent ROW’s. * Prior to issuance of a building permit on Lots 2 & 3, a revised site plan must be approved by City Council following a recommendation from the Planning and Zoning Commission. *The applicant should be aware that prior to issuance of a building permit a plat must be approved and recorded in the county, 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. * A permit from TxDOT is required on all driveways intersecting SH 114. Case No. Attachment D ZA07-005 Page 2 Case No. ZA07-005 Review No. 3 Dated: 4/13/07 Number of Pages: 2 Project Name: Chapel Crossing Shopping Center -- Zoning Change and Concept 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 4/5/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. An access permit from TxDOT is required prior to construction of a driveway on. Submit application and plans directly to TxDOT for review. 2.Additional comments may be forthcoming with the review of the Traffic Impact Analysis provided. 3.Provide all necessary easements for water, sanitary sewer and drainage. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: 1.Label private lines as ‘private’ for clarification. 2.Vault for fire line should be on private property, not in the ROW or in an easement. * Public water and sanitary sewer lines cannot cross property lines without being in an easement or in the ROW. All water and sanitary sewer lines in easements or in the ROW shall be constructed to City standards. * For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet apart, or 600 linear feet if buildings are sprinklered. * Water meters and fire hydrants shall be located in an easement or in the ROW. DRAINAGE COMMENTS: 1.Ensure that the difference between pre and post development runoff is captured in the detention ponds for the 5, 10 and 100 year storms. The discharge proposed detention pond shall control the outfall for the 5, 10 and 100 year storms. 2. Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. 3. A note on the preliminary drainage study states that OS-2 will be prevented from entering the site. Offsite drainage that currently runs onto the site cannot be redirected – it needs to be taken into account within the site. 4. The note on the plans shows an existing culvert to be replaced with the White Chapel Street Improvements. Final design has not yet been approved for the proposed improvements. * All storm sewer within the ROW shall be 18” minimum. * Proposed driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer. * This development drains into Critical Drainage Structure #9 and requires a fee to be paid prior to beginning construction ($278.14/acre). Case No. Attachment D ZA07-005 Page 3 * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * (22” X 34” full size sheets) Submit civil construction plansand a copy of the construction plan checklist 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 will 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 ZA07-005 Page 4 Case No Review No.Dated: Number of Pages: . 07-005 Four March 26, 2007 1 Project Name: Chapel Crossing Shopping Center (Zoning/Concept Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on March 19, 2007 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== TREE CONSERVATION COMMENTS: 1. The best “quality” trees are located close to and along the west property boundary line. The Tree Conservation Plan shows that all existing trees will be removed except for one (1) 12” Blackjack Oak in the northwest corner of the property and that a 23” Post Oak is Marginal because of the location of the proposed parking and access dive along the west property boundary. BUFFERYARDS: 1. If the site is proposed to be divided into three (3) lots bufferyards must be provided and labeled on the Site Plan. Bufferyards are required to be provided adjacent to all property boundary lines including interior property boundary lines. Interior bufferyards are required to be a 5’ – A bufferyards. Case No. Attachment D ZA07-005 Page 5 Surrounding Property Owners Chapel Crossing Shopping Center SPO # Owner Zoning Land Use Acreage Retail Commercial 1. Stacy, James R & K Wayne Lee C1 2.667 Public/Semi-Public Office 2. Countryside Bible Church SP1 Commercial 13.412 Office Commercial 3. Wayne, Lee K O1 2.369 Office Commercial 4. International Ch Four Square G SP1 3.777 Office Commercial 5. International Ch Foursquare Go SP2 6.227 Retail Commercial 6. White Chapel Village Ctr Prt C3 6.327 Retail Commercial 7. White Chapel Village C Prt C3 0.404 Retail Commercial 8. White Chapel Llc AG 0.896 Retail Commercial 9. D/Fw-White Chapel Road Ltd AG 3.592 Case No. Attachment E ZA07-005 Page 1 Surrounding Property Owner Responses Chapel Crossing Shopping Center Notices Sent: Nine (9). Responses Receive: Two (2).  International Ch Four Square G, 251 Countryside Court, submitted a Notification Response Favor Form in on February 26, 2007 (see attached). Outside 200 feet  Larson, John, 335 Ravenaux Dr., submitted Photos at Planning & Zoning Meeting on May 3, Opposition 2007 and an E-Mail in on July 17, 2007(see attached photos and e-mail). Case No. Attachment F ZA07-005 Page 1 Case No. Attachment F ZA07-005 Page 2 Case No. Attachment F ZA07-005 Page 3 Case No. Attachment F ZA07-005 Page 4 Case No. Attachment F ZA07-005 Page 5 SPIN MEETING REPORT CASE NO. ZA07-005 PROJECT NAME: Chapel Crossing Southwest corner of State Highway 114 and N. White Chapel Boulevard SPIN DISTRICT: 11 MEETING DATE: 7:30PM, February 26, 2007 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Approximately Nineteen (19)  SPIN REPRESENTATIVE(S) PRESENT: Robert Gray (11)  APPLICANT(S) PRESENTING: Brenda McDonald  STAFF PRESENT: Planner Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us APPLICANT PRESENTATION SUMMARY Project Details  Asking “S-P-2” with “C-3” commercial uses  3 larger retail buildings and 2 pad sites totaling about 44,000 square feet of retail and restaurant space Pad sites are conceptual at this point but will have to go through the Site Plan process when they o develop  Detention Area (filled only after rain) on the south side of the development  Retention Area (water feature) at White Chapel Blvd entrance  The property has a few unique challenges Bordered by 3 existing roads – State Highway 114, N. White Chapel Blvd, and Countryside Court o Odd shape o TxDOT will allow only one single drive onto the property from SH 114 o  Challenges result in variances: Driveway spacing on White Chapel Blvd o Stacking depth on White Chapel Blvd and both entrances on Countryside Court o  Architectural Design Majority of front façade is brick; o Towers are natural stone with brick accents o Flat metal awnings with tie rods to be used in addition to fabric awnings o  Landscape Plan Types of trees used discussed o Mixture of deciduous and evergreen o Case No. Attachment G ZA07-005 Page 1 SPIN MEETING REPORT – PAGE 2 QUESTIONS & DISCUSSION Can you explain the driveway variances and why you’re asking for them? QUESTION: RESPONSE: City ordinances require a minimum distance between driveways into developments. Because this property has such a short distance between State Highway 114 and Countryside Court, the only way to get any driveway at all on White Chapel Boulevard is through a variance to the driveway spacing requirement. Have you gotten TXDOT approval for the drive off State Highway 114 yet? QUESTION: RESPONSE: No, because it is too early in the development process to request a driveway cut from TXDOT. Once development is approved, actual construction plans for infrastructure improvements would be created and TXDOT approval would be sought at that time. Why doesn’t the driveway off of State Highway 114 come into the development at more of an QUESTION: angle? RESPONSE:TXDOT requires perpendicular access. What kind of building materials will be used on the south side of the development? QUESTION: RESPONSE: Brick wainscoting is proposed along the bottom portion of the rear façade with EIFS (Exterior Insulating Finish System) on the upper majority of the façade. It is not likely that mechanical units on the roof will be visible. What do you anticipate in the freestanding pad sites? QUESTION: RESPONSE: The sites will hopefully develop as drive a-thru bank and a fast food restaurant. How soon would the site be open for business? QUESTION: RESPONSE: The developer, engineer, and architect are ready to move. Depending on the timeline of City approval, construction could hopefully begin by the end of the year. Is any of the existing landscaping going to remain? QUESTION: RESPONSE: Topography on the site is significant, so considerable grading will likely have to occur. Most of the trees on site will have to come out, but a blackjack oak is planned to be saved and a post oak may or may not be saved, depending on construction conditions. Were roof features and other roofing materials considered? Standing seam has been the norm, QUESTION: but Spanish-style barrel tile roofs have done well in Southlake. When is White Chapel Boulevard scheduled to be expanded? QUESTION: RESPONSE: No answer was provided at the SPIN meeting. For the purposes of this report, however, construction on the portion of White Chapel Blvd near SH 114 is scheduled to begin in 2008. It is being designed as a four-lane roadway divided by a median. Considerable discussion on the traffic flow from various directions into and out of the DISCUSSION: development. Special concern was made for the entrances on White Chapel and Countryside Court, as they will likely be the main entrances for all residents coming from the south. Until the White Chapel is widened, traffic will be an issue. Case No. Attachment G ZA07-005 Page 2 SPIN MEETING REPORT – PAGE 3 QUESTIONS & DISCUSSION Placement of median on White Chapel will restrict the White Chapel Blvd driveway from left- DISCUSSION: turn traffic, so Countryside Court will be the main entrance for many coming from the south. What is your anticipated customer base? Why will this succeed where others like it in QUESTIONS: Southlake are not at full leasing capacity? RESPONSE: The expressed target users were the local community and the economic viability of the site will rely on neighborhood familiarity with the development’s tenants. The developer does not see this as a site for “destination” retail. Do you think the State Highway 114 corridor is the type of place for this? Southlake Boulevard CONCERN: seems more like where this should go. What is the estimate rent per square foot? QUESTION: Why C-3 zoning and not C-2? QUESTION: RESPONSE: C-3 allows for a little more flexibility in tenant mix and architectural design. Did you consider the pedestrian traffic of the church? QUESTION: One neighboring resident was particularly concerned about the building materials on the south CONCERN: and west elevations and the height of the building, as it will likely be visible from his property. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment G ZA07-005 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-521 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 LOT 1, BLOCK B, RAVENEAUX VILLAGE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM“AG” AGRICULTURAL DISTRICT AND “C-1” NEIGHBORHOOD COMMERCIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, WITH LIMITED “C-3” GENERAL 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,“AG” agricultural district and the hereinafter described property is currently zoned as Case No. Attachment H ZA07-005 Page 1 “C-1” neighborhood commercial district under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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, Case No. Attachment H ZA07-005 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health 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 Lot 1, Block B, Ravenaux Village Addition, being Lot 1, Block A, Ravenaux Village & Tract 6J, T.M. Hood Survey, Abstract No. 706 and being approximately 6.22 acres, and “AG” agricultural district and more fully and completely described in Exhibit “A” from “C-1” neighborhood commercial district to “S-P-1” detailed site plan district, with limited “C-3” general commercial district uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”. SECTION 2. Case No. Attachment H ZA07-005 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 H ZA07-005 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 H ZA07-005 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: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-005 Page 6 EXHIBIT “A” Lot 1, Block A, Ravenaux Village & Tract 6J, T.M. Hood Survey, Abstract No. 706 and being approximately 6.22 acres more particularly described as follws: Insert Metes and Bounds Case No. Attachment H ZA07-005 Page 7 EXHIBIT “B” “S-P-1” Detailed Site Plan District Chapel Crossing Shopping Center The applicant requests approval of the “S-P-1” zoning proposes to allow “C-3”general commercial district uses but shall delete the following as permitted uses: (2) Auditoriums, theaters and cinemas (5) Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses (16) Lodges, sororities and/or fraternities (18) Mortuaries, funeral homes and undertakers (20) Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device (26) Skating rinks, ice and roller (indoor only) (27) Taverns, clubs, and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to the issuance of a special use permit as required in Section 45; Removing gasoline sales and hotels from their original application for zoning change. The development regulations shall follow the “C-3” district with the following exceptions: 1) The required parking ratio shall be 1 space per 200 square feet for all uses 2) Allow the horizontal/vertical articulation on the west façade of building ‘A’ as proposed. 3) Interior Bufferyards – Bufferyards along interior lot lines shall not be required. The following variance is being requested: 1)Minimum 100’ stacking depth required for the drives located on N. White Chapel Blvd (97’ provided) and Countryside Ct.(30’ & 36’ provided) 2)The driveway proposed on N. White Chapel Blvd does not meet the minimum 200’ spacing required from a street intersection (±150’ provided) 3)The west façade Building ‘A’ does not meet articulation requirements. (The applicant believes this façade will not be visible from SH114 which would exempt it from this requirement. The maximum wall length permitted is 69 feet. The provided length horizontal lengthy is 142 feet and the maximum vertical length is 165 feet. Case No. Attachment H ZA07-005 Page 8 Site Plan Case No. Attachment H ZA07-005 Page 9 Building Elevations Case No. Attachment H ZA07-005 Page 10 Case No. Attachment H ZA07-005 Page 11 Case No. Attachment H ZA07-005 Page 12 Case No. Attachment H ZA07-005 Page 13 Case No. Attachment H ZA07-005 Page 14