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Item 7D Department of Planning & Development Services S T A F F R E P O R T December 12, 2007 ZA07-145 CASE NO: Zoning Change and Site Plan for Panera Bread & Bakery Café PROJECT: REQUEST: On behalf of JP Morgan Chase, N3 Development Ltd. is requesting a zoning change and site plan from “O-1” Office District to “S-P-1” Detailed Site Plan with “O-1” Office District uses to include the “C-2” Local Retail Commercial use of “restaurants” but excluding the use of a drive-thru for restaurants. The plan proposes to convert the existing Chase Bank to allow for a Panera Bread & Bakery Café restaurant of approximately 4,132 square feet on a platted lot being 1.45 acres. The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted uses and development regulations with the following exception:  The “C-2” Local Retail Commercial use of “restaurants” shall be permitted but excluding the use of a drive-thru for restaurants. The underlying land use designation is Office Commercial and the proposed restaurant use is not consistent with this designation. The applicant has submitted a letter requesting a site specific amendment to allow a restaurant use at this location. Consider first reading for a zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 3, dated December 12, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Meeting Report – December 3, 2007 (H) Ordinance No. 480-545 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Clayton Comstock (748-8269) Case No. ZA07-145 BACKGROUND INFORMATION OWNER: JP Morgan Chase APPLICANT: N3 Development Ltd. PROPERTY SITUATION: 111 S. Village Center Drive LEGAL DESCRIPTION: Lot 2, Block 1, Gumm Scifres Addition LAND USE CATEGORY: Regional Retail CURRENT ZONING: O-1 Office District REQUESTED ZONING: S-P-1 Detailed Site Plan District HISTORY: -A site plan was approved by City Council on September 4, 2001. -A plat revision for the Gumm-Scifries addition was approved by City Council on August 7, 2001. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The MTP recommends Southlake Blvd to have 130' of right-of-way. Adequate R.O.W. exists for this road. Existing Area Road Network and Conditions The proposed site has one (1) access onto S. Village Center Drive. Common-access drives are in place providing connection into the future lot to the south and the Gateway Church lot to the east. S. Village Center is a 60 foot local commercial roadway with a cul-de- sac turnaround at the terminus of the street. A traffic signal light exists at the intersection of Village Center Drive and E. Southlake Boulevard. E. Southlake Blvd is a 7-lane, undivided thoroughfare with a continuous, two-way, center left turn lane. A deceleration lane was required for east-bound traffic turning south onto S. Village Center Drive. May, 2006 traffic counts on F.M. 1709 (between Kimball Ave. and Carroll Ave.) 24hr 21,93320,081 West Bound (WB) () East Bound (EB) () WB 1,5012,028 Peak A.M. () Peak P.M. () 4:45 – 5:45 11:15 – 12:15 EB 1,7891,472 Peak A.M. () 7:00 – 8:00 Peak P.M. () 12:15 – 1:15 Case No. Attachment A ZA07-145 Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT High-Turnover (sit 4,132 525 26 25 26 20 down) Restaurant *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on E. Southlake Boulevard PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends an 8-foot multi-use trail along the south side of E. Southlake Blvd. The trail currently exists and is shown on the site plan. WATER & SEWER: A 6-inch sanitary sewer line exits along the south side of E. Southlake Blvd. adjacent to the property. A 12-inch water line also exists along the south side of E. Southlake Blvd. TREE PRESERVATION: The Landscape Administrator does not have any comments regarding tree preservation for this site. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying land use designation is Office Commercial and the proposed restaurant use is not consistent with this designation. The applicant has submitted a letter requesting a site specific amendment to allow a restaurant use at this location. Mobility & Master Thoroughfare Plan / Southlake Pathways Plan Recommendations The required 5’ sidewalk along Village Center Drive is shown on the plan. The plan also shows pedestrian access from the Village Center Drive sidewalk to the building. P&Z ACTION: December 6, 2007; Approved (7-0) subject to Site Plan Review Summary No. 2, dated November 30, 2007. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated December 12, 2007. N:\Community Development\MEMO\2007cases\07-145ZSP.doc Case No. Attachment A ZA07-145 Page 2 Case No. Attachment B ZA07-145 Page 1 Previously Approved Site Plan Case No. Attachment C ZA07-145 Page 1 Photos of Existing Building Case No. Attachment C ZA07-145 Page 2 Land Use Letter Case No. Attachment C ZA07-145 Page 3 Case No. Attachment C ZA07-145 Page 4 Case No. Attachment C ZA07-145 Page 5 Case No. Attachment C ZA07-145 Page 6 “S-P-1” Letter Case No. Attachment C ZA07-145 Page 7 Site Plan Case No. Attachment C ZA07-145 Page 8 Building Elevations Case No. Attachment C ZA07-145 Page 9 West Elevation Changes (Canopy Side) Case No. Attachment C ZA07-145 Page 10 Color Rendering Case No. Attachment C ZA07-145 Page 11 Color Rendering Case No. Attachment C ZA07-145 Page 12 Outdoor Seating Exhibit Case No. Attachment C ZA07-145 Page 13 Tent Exhibit for Outdoor Seating Area Case No. Attachment C ZA07-145 Page 14 Landscape Plan Case No. Attachment C ZA07-145 Page 15 SITE PLAN REVIEW SUMMARY ZA07-145Three12/12/07 Case No.: Review No.: Date of Review: Site Plan Project Name: – Panera Bread & Bakery Café APPLICANT: N3 Development Ltd. ARCHITECT: Answers, Inc, Roger Franz 500 Pecan Street, Suite 101 450 Weidman Rd Fort Worth, TX 76102 St. Louis, MO 63011 Phone: (817) 529-3201 Phone: Fax: (817) 529-3205 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/12/07 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. * All signage must comply with the City’s Sign Ordinance and be approved by the City. Verify that no signage is proposed on any umbrellas/furniture in the outdoor seating area. 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. Public Works – Engineering GENERAL COMMENTS: 1. All fire lane radii must be 30’ minimum. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: * A detailed grading plan will be required with the Building Permit Application. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * 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. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment D ZA07-145 Page 1 * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Tree Preservation - Landscape Administrator LANDSCAPE: * A 225’ building addition is proposed to be constructed. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements of the Landscape Ordinance 544-A only as it pertains to the square footage of the new construction. Any requests for changes in zoning to any district other than agricultural or single family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. * The proposed Landscaping has been revised to comply with both the interior landscape and bufferyards requirements. Southlake 2025 – Comprehensive Plan Consolidated Land Use Plan Recommendations The underlying land use designation is Office Commercial and the proposed restaurant use is not consistent with this designation. The applicant has submitted a letter requesting a site specific amendment to allow a restaurant use at this location. Mobility & Master Thoroughfare Plan / Southlake Pathways Plan Recommendations The required 5’ sidewalk along Village Center Drive is shown on the plan. The plan also shows pedestrian access from the Village Center Drive sidewalk to the building. Case No. Attachment D ZA07-145 Page 2 Surrounding Property Owners Panera Bread Bakery Café SPO # Owner Zoning Land Use Acreage 1. Gateway Church CS Office Commercial 13.811 2. Mullins & White Prop Inc O1 Office Commercial 1.296 3. Bank One Na O1 Office Commercial 1.473 4. Mullins & White Properties,Inc O1 Office Commercial 0.737 5. Mullins & White Properties O1 Office Commercial 0.724 6. Southlake Food Mart Lp C3 Town Center 0.937 7. Wendys International Inc C3 Town Center 0.79 8. Eqyinvest Owner II Ltd Llp C3 Town Center 13.148 9. Jpmorgan Chase Bank C3 Town Center 2.115 10. Bootstrap Investments Inc C1 Office Commercial 2.156 11. Abercrombie Holdings Llc O1 Office Commercial 0.972 Case No. Attachment E ZA07-145 Page 1 Surrounding Property Owner Responses Panera Bread Bakery Café Notices Sent: Eleven (11). Responses Received: None (0). Case No. Attachment F ZA07-145 Page 1 SPIN MEETING REPORT CASE NO. ZA07-145 PROJECT NAME: Panera Bread SPIN DISTRICT: 8 MEETING DATE: Monday, December 3, 2007 at 8:00PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Seven (7)  SPIN REPRESENTATIVE(S) PRESENT: Pattie Minder (8)  APPLICANT(S) PRESENTING: Martin Schelling, N3 Development  STAFF PRESENT: Planner Clayton Comstock STAFF CONTACT: Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us EXECUTIVE SUMMARY About four (4) residents attended the citywide SPIN meeting for the proposed redevelopment of a former Bank One building on the southeast corner of E. Southlake Blvd and Village Center Dr. and adjacent to Gateway Church. The new “casual dining restaurant” business, Panera Bread, proposes to reface the existing building, demolish the drive-thru canopy structure, and make other minor additions to the site; including sidewalks, a new monument sign, a dumpster enclosure, and an outdoor seating area. Meeting attendees were supportive of the proposed redevelopment and verbalized satisfaction with the proposed use and building design. QUESTIONS & DISCUSSION When will trucks be making their store deliveries? QUESTION: During their regular business hours which are generally 6am to 9pm. RESPONSE: I’m very excited about this… How soon can you open? QUESTION: Sometime in the spring would be an estimate. RESPONSE: How will this location compare to the Hurst location? QUESTION: It will be similarly sized… perhaps a little bigger. RESPONSE: Will you add more to the building on the drive-thru side? QUESTION: No. The only addition to the building will be a 225 square foot cooler to the back (south RESPONSE: side) of the building. Case No. Attachment G ZA07-145 Page 1 Have you spoken with Gateway Church regarding the potential parking issues on QUESTION: Sundays? We did speak with the church recently and they were very helpful and cooperative. They RESPONSE: will begin relaying the message to their congregation. Are all Panera Breads corporate owned? QUESTION: No, but all the Panera Breads in the DFW area are corporate stores. RESPONSE: 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 ZA07-145 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-545 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 2, BLOCK 1, GUMM-SCIFRES ADDITION, BEING APPROXIMATELY 1.45 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “O-1” OFFICE DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE THE “C-2” LOCAL RETAIL COMMERCIAL USE OF “RESTAURANTS” BUT EXCLUDING THE USE OF A DRIVE- THRU FOR RESTAURANTS, 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 Case No. Attachment H ZA07-145 Page 1 WHEREAS, the hereinafter described property is currently zoned as “O-1” Office 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 Case No. Attachment H ZA07-145 Page 2 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 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: Case No. Attachment H ZA07-145 Page 3 Being Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7423, Plat Records, Tarrant County, Texas, and being approximately 1.45 acres, and more fully and completely described in Exhibit “A” from “O-1” Office District to “S-P-1” Detailed Site Plan District with “O-1” Office District Uses to the “C-2” Local Retail Commercial use of “restaurants” but excluding the use of a drive-thru for restaurants 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. 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 Case No. Attachment H ZA07-145 Page 4 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. 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 Case No. Attachment H ZA07-145 Page 5 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. 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. Case No. Attachment H ZA07-145 Page 6 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-145 Page 7 EXHIBIT “A” Being legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7423, Plat Records, Tarrant County, Texas, being approximately 1.45 acres. Case No. Attachment H ZA07-145 Page 8 EXHIBIT “B” Land Use Letter Case No. Attachment H ZA07-145 Page 9 Case No. Attachment H ZA07-145 Page 10 Case No. Attachment H ZA07-145 Page 11 Case No. Attachment H ZA07-145 Page 12 “S-P-1” Letter Case No. Attachment H ZA07-145 Page 13 Site Plan Case No. Attachment H ZA07-145 Page 14 Building Elevations Case No. Attachment H ZA07-145 Page 15 West Elevation Changes (Canopy Side) Case No. Attachment H ZA07-145 Page 16 Color Rendering Case No. Attachment H ZA07-145 Page 17 Color Rendering Case No. Attachment H ZA07-145 Page 18 Outdoor Seating Exhibit Case No. Attachment H ZA07-145 Page 19 Tent Exhibit for Outdoor Seating Area Case No. Attachment H ZA07-145 Page 20 Landscape Plan Case No. Attachment H ZA07-145 Page 21