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Item 8ACity of Southlake Department of Planning S T A F F R E P O R T March 29, 2006 ZA05-146 (Agenda Item 8A) CASE NO: Proposed Zoning Change and Site Plan from “C-2” to “S-P-1” for PROJECT: Bicentennial Plaza REQUEST: Thomas Stephen/The White House Exe. Center is requesting approval of a zoning change and site plan from “C-2” Local Retail Commercial District to “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses. The site plan proposes an approximately 12,550 square foot retail building. A request for a revised site plan under the existing “C-2” zoning precedes this item on the agenda. The “C-2” alternate site plan was scheduled for a public hearing and consideration at the March 21, 2006 City Council meeting. The first reading of this proposed “S-P-1” zoning and site plan request was also scheduled to follow as a separate consideration item. The applicant requested to table both items prior to the meeting. There have been no changes since this time. The following uses, regulations and variances are proposed under the “S-P-1” zoning and site plan: • There shall be a side yard setback of not less than ten (10) feet along the east boundary. • Concrete tilt wall with a stained finish as shown on the building elevations. • Parking – 72 parking spaces required, requesting 10% reduction or 65 spaces. The following variances to the Driveway Ordinance No. 634 are requested under the  “S-P-1” site plan: Driveway Spacing – Min. 250 ft required for right-in/right-out drives, 80 ft  & 219 ft proposed. Driveway Stacking – Min. 50 ft required, 41 ft proposed  This plan is subject to City Council approval and execution of an access agreement for use of the Bicentennial Park driveway and a parking construction and use agreement on the park property. Case No. ZA 05-146 1. Consider the first reading of the “S-P-1” zoning change and associated site ACTIONS NEEDED: plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Revised Site Plan Review Summary No. 3, dated March 29, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-481 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) or Dennis Killough (748-8072) Case No. ZA 05-146 BACKGROUND INFORMATION OWNER: Thomas Stephen / The White House Exe. Center, L.P. APPLICANT: GSO Architects PROPERTY SITUATION: 410 W. Southlake Blvd. The property is located on the northeast corner of the Bicentennial Park entrance drive and W. Southlake Boulevard (FM 1709). LEGAL DESCRIPTION: Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-2” Local Retail Commercial District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -City Council approved the “C-2” zoning with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. -A site plan was approved by City Council for a two-story office building with bank on August 5, 2003. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends Southlake Boulevard to have 130’ 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 W. Southlake Boulevard (F.M. 1709) and one (1) access onto the Bicentennial Park main entrance. The drive on W. Southlake Boulevard will be a right-in/right-out drive. W. Southlake Boulevard is a 5-lane, undivided thoroughfare with a continuous, two-way center left-turn lane. The roadway will ultimately be re-striped to a 7- lane roadway. May, 2005 traffic counts on F.M. 1709 (between White Chapel and Shady Oaks) 24hr 23,61423,725 West Bound (WB) () East Bound (EB) () WB 1,2822,556 Peak A.M. () Peak P.M. () 7:45 – 8:45 a.m.5:15 – 6:15 p.m. EB 2,3621,529 Peak A.M. () Peak P.M. () 3 – 4 p.m. 7:45 – 8:45 a.m. Case No. Attachment A ZA 05-146 Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT Retail Center 12,548 510 N/A N/A 14 19 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel time on W. Southlake Blvd. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8-foot multi-use trail is planned on the west side of the Bicentennial Park main entrance. An 8-foot sidewalk is proposed along W. Southlake Boulevard. WATER & SEWER: The site will connect into an existing 8” water line along the north side of W. Southlake Boulevard. The site will connect into an existing 8” sanitary sewer line also on the north side of W. Southlake Boulevard. TREE PRESERVATION: The only existing trees on the site are two (2) Mesquite trees and approximately four (4) small Eastern Red Cedars. All of the existing trees are located within the proposed parking lot and building footprint area. There is a row of small Eastern Red Cedar that has voluntarily grown along the south property boundary line adjacent to the R.O.W. but they are not of sufficient diameter to be considered protected. DRAINAGE ANALYSIS: The site drains to the proposed detention ponds on the north side of the development which outfall to the existing storm sewer system in Bicentennial Park Drive. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Southside Plan study area to include the following changes: Land Use Recommendations  Existing land use designations – Retail Commercial. P&Z ACTION: February 23, 2006; Approved (6-0) subject to subject to the Site Plan Review Summary No. 3 dated February 17, 2006 noting that the “S-P-1” zoning and site plan is preferred, approving the alternate “C-2” zoning revised site plan and granting the requested variances. COUNCIL ACTION: March 21, 2006; Approved to table to the April 4, 2006 meeting. March 6, 2006; Approved to table to the March 21, 2006 meeting. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated March 29, 2006. N:\Community Development\MEMO\2005cases\05-146ZSP.doc Case No. Attachment A ZA 05-146 Page 1 Case No. Attachment B ZA 05-146 Page 1 Currently Approved Site Plan Case No. Attachment C ZA 05-146 Page 1 Currently Approved Elevation Case No. Attachment C ZA 05-146 Page 2 PROPOSED S-P-1 ZONING CHANGE AND SITE PLAN Case No. Attachment C ZA 05-146 Page 3 Case No. Attachment C ZA 05-146 Page 4 Case No. Attachment C ZA 05-146 Page 5 Case No. Attachment C ZA 05-146 Page 6 Bicentennial Plaza Proposed Permitted Uses and Development Regulations for “S-P-1” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “C-2” Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “C-2” Local Retail Commercial District, and all other applicable regulations with the following exceptions:  There shall be a side yard setback of not less than ten (10) feet. along the east property boundary  Concrete tilt wall with a stained finish shall be permitted to comply with exterior masonry requirements as shown on the attached building elevations. Case No. Attachment C ZA 05-146 Page 7 Case No. Attachment C ZA 05-146 Page 8 SITE PLAN REVIEW SUMMARY ZA05-146Three03/29/06 Case No.: Revised Review No.: Date of Review: Zoning Change and Site Plan Project Name: – Bicentennial Plaza OWNER: ARCHITECT: GSO Architects Thomas Stephen Lisa Swift 250 W. Southlake Blvd 5310 Harvest Hill, Suite 146 Southlake, TX 76092 Dallas, TX 75230 Phone: (817) 552-3100 Phone: (972) 385-9651 Fax: (817) 424-2474 Fax: (972) 385-3462 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/06/06 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. The following issues pertain only to the primary site plan proposed with the “S-P-1” zoning: 1. An access easement and parking agreement must be approved by City Council and filed of record for the use of the Bicentennial Park driveway and for construction and use of parking spaces with the City park property. 2. The following changes are needed with regard to driveways & parking: a.Provide the minimum stacking depth for the drive on W. Southlake Blvd. A minimum of 50’ (A variance has been requested.) of stacking is required. 41 feet of stacking is proposed b.Provide the minimum driveway spacing on W. Southlake Blvd. Spacing between a full-access (A variance has been drive and a right-in/right-out drive is required to be a minimum of 250’. requested.) * The applicant requests approval of the S-P-1 zoning regulations as proposed. This includes parking reduction stained tilt wall construction and a 10 foot side yard setback from the east boundary INFORMATIONAL COMMENTS * The following driveway variances were granted on the currently approved site plan: a) Stacking depth for the driveway on W. Southlake Blvd. A minimum of 50’ of stacking is required, 41’ was permitted b) Driveway spacing on W. Southlake Blvd. Spacing between a full-access drive and a right- in/right-out drive is required to be a minimum of 250’. 219 feet was provided from the park entry drive and 80’ was permitted from the adjacent utility building driveway. Case No. Attachment D ZA 05-146 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. * 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. * A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Case No. Attachment D ZA 05-146 Page 2 Case No Review No.Dated: Number of Pages: . 05-146 _Two_ January 26, 2006 1 ___ Project Name: Bicentennial Plaza (Site Plan) Comments due to the Planning Department: January 26, 2006______ ContactPhone:Fax: : Keith Martin (817) 748-8229__________ (817) 481-5713___________ =========================================================================== The following comments are based on the review of plans received on January 18, 2006 . 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 =========================================================================== 1. The interior landscape calculations are miscalculated for 50% of the proposed building square footage. Please correct the required interior landscape area and associated plant material calculations. * No Tree Survey is required but it would be best to provide a plan that shows the location and types of trees on the site. The only existing trees on the site are two (2) Mesquite trees and approximately four (4) small Eastern Red Cedars. All of the existing trees are located within the proposed parking lot and building footprint area. There is a row of small Eastern Red Cedar that has voluntarily grown along the south property boundary line adjacent to the R.O.W. but they are not of sufficient diameter to be considered protected. Case No. Attachment D ZA 05-146 Page 3 Surrounding Property Owners Bicentennial Plaza Owner Zoning Land Use Acreage 1.Dana’s Studio of Dance C-2 Office Commercial 0.668 2.Reutlinger, Richard C-2 Office Commercial 13.861 3.Clardy-Ruffner C-2 Office Commercial 0.885 4.Lechler, Gloria O-1 Office Commercial 13.11 5.City of Southlake CS Public Parks / Open Space 9.9 6.GTE Southwest Inc CS Public / Semi-Public 0.35 7.City of Southlake CS Public Parks / Open Space 8.592 8.City of Southlake CS Retail Commercial 0.329 9.Southlake Oaks Phii Investors C-2 Retail Commercial 1.868 10.White House Exec Center C-2 Retail Commercial 1.353 Case No. Attachment E ZA 05-146 Page 1 Surrounding Property Owner Responses Bicentennial Plaza Notices Sent: Six (6) Responses Received: None (0) Case No. Attachment F ZA 05-146 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-481 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 TRACT 3D5, SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING APPROXIMATELY 1.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “C-2” LOCAL RETAIL COMMERCIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as “C-2” Local Retail Commercial District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA05-146 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 ZA05-146 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 Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686, being approximately 1.35 acres, and more fully and completely described in Exhibit “A” from “C-2” Local Retail Commercial District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. SECTION 2. Case No. Attachment G ZA05-146 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 ZA05-146 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 ZA05-146 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 ___________, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA05-146 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA05-146 Page 7 EXHIBIT “A” Being Tract 3D5, situated in the Littleberry G. Hall Survey, Abstract No. 686, being approximately 1.35 acres: Case No. Attachment G ZA05-146 Page 8 EXHIBIT “B” Case No. Attachment G ZA05-146 Page 9 Case No. Attachment G ZA05-146 Page 10 Bicentennial Plaza Proposed Permitted Uses and Development Regulations for “S-P-1” Zoning Permitted Uses This property shall be limited to the permitted uses as found in the “C-2” Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the “C-2” Local Retail Commercial District, and all other applicable regulations with the following exceptions:  There shall be a side yard setback of not less than ten (10) feet on the east boundary line.  Concrete tilt wall with a stained finish shall be permitted as shown on the attached building elevations. Case No. Attachment G ZA05-146 Page 11