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Item 6C
CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 28, 2013 CASE NO: ZA13-053 PROJECT: Specific Use Permit for the Southlake Town Square Brownstones, Phase C EXECUTIVE SUMMARY: Cooper & Stebbins is requesting approval of a Specific Use Permit for single family residential in the "DT" Downtown District for Southlake Town Square Brownstones Phase C to construct 33 Brownstones on property described as Lot 24R, Lots 25-34 and a portion of Lot 35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and a portion of Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Blvd. and east of Central Ave., Southlake, Texas. The current zoning is "DT" Downtown District. SPIN Neighborhood #8. REQUEST DETAILS: The applicant is requesting to revise the existing Specific Use Permit (SUP) for the Brownstones, which includes portions of Phase B, Phase C and the Garden District to develop 33 Brownstones on approximately 4.89 acres. The Brownstones Phase C are included in the proposed Concept Plan for the Garden District and Brownstones Phase C, which also includes three Garden District residential buildings containing 60 residential units that are to be added in a future phase (see Case No. ZA13-011). Approval of this SUP is subject to approval of the Concept Plan. The three Garden District residential buildings will require City Council approval following a recommendation by the Planning and Zoning Commission prior to issuance of a building permit. Please see the narrative included in Attachment C of this report for additional information on the Brownstone product types. The applicant has also provided an alternative (Option `B') for Lots 16 and 17 where they are combined and have private side yards separating the existing Brownstone undeveloped lots from the Garden District Brownstones, Phase C. An exhibit of this Option `B' has been provided under Attachment C of this staff report. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to Presentation (D) SPIN Reports: February 11, 2013 and June 10, 2013 (E) Revised Site Plan Review Summary No. 3, dated August 8, 2013 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Resolution 13-032 Case No. Attachment A ZA13-053 Page 1 (1) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. Attachment A ZA13-053 Page 2 BACKGROUND INFORMATION OWNER: Brownstones at Town Square, LP APPLICANT: Cooper & Stebbins PROPERTY SITUATION: Generally located along Park Ridge Blvd. and east of Central Ave LEGAL DESCRIPTION: Lot 24R, Lots 25-34 and a portion of Lot 35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and a portion of Tract 2A5E, Richard Eads Survey, Abstract No. 481 LAND USE CATEGORY: Town Center CURRENT ZONING: "DT" Downtown District HISTORY: Key approvals associated with Southlake Town Square and residential development in Town Square: January 7, 1997 (ZA96-145): Original "PUD" Zoning & Concept Plan approved for Southlake Town Square; August 19, 1997 (ZA97-099 and ZA97-100): Southlake Town Square Phase I Development Plan and Site Plan approved; February 4, 2003 (ZA02-104); "DT" Downtown District Zoning & Concept Plan was approved; April 1, 2003 (ZA03-013) Specific Use Permit for the Brownstone residential units was approved. September 7, 2004 (ZA04-057) Preliminary Plat for Block 22, Southlake Town Square was approved. This area has been designated as open space by the approved concept plan, development plan and the previous preliminary plat and has been intended to be dedicated to the City for use as a park. The purpose of this plat is to subdivide the block into two lots so that a final plat may be approved and recorded for the dedication and conveyance of approximately 2 acres of the future 6 acre park in connection with the residential "Brownstone" project. The final platting of the remaining 4 acres is being deferred awaiting further development of the Town Square project. October 5, 2004 (ZA04-066 & ZA04-067): Revised Concept Plan & Site Plan for Southlake Town Square's Grand Avenue District was approved; September 6, 2005 (ZA05-075): Revised Concept Plan for the purpose of relocating open space/park land from Block 22 (3.78 acres open space removed) to Block 19 (2.80 acres open space provided) was approved, which left a shortfall of 0.98 acres of open space. At the time of approval, Cooper & Stebbins was reviewing appropriate potential new park areas in Blocks 11 and 20 and planned to designate new park space in one or both of these blocks, having a combined area of not less than 0.98 acres. Case No. Attachment A ZA13-053 Page 3 July 17, 2007 (ZA07-050): Zoning Change and Revised Concept Plan for the purpose of changing the block configurations and realigning Division and State Streets to accommodate the proposed DPS Central Facility. This plan also relocates open space from the north side of Division Street to the south side directly adjacent to McPherson Park. This relocation results in 0.51 acres of park land being added to McPherson Park. The applicant requested a 0.44 acre open space reduction from the currently approved concept plan, but City Council denied the request and approved the item with the following stipulations: 1) The City will retain 0.44 acres of open space with location to be determined later; 2) Requiring a schematic for the open space to be brought before Council prior to the final approval of the block north of the Brownstones; 3) Requiring the open space north of the Brownstones to be open to the public. May 3, 2011; (ZA10-068) A text amendment to Section 37 ("DT" Downtown District) of Zoning Ordinance No. 480, as amended, creating new definitions for "Garden District" and "Garden District Residences" as well as providing additional development regulations for such development was approved. May 3, 2011; (ZA10-069) A revised Concept Plan for the Garden District, including 130 Garden District Residences and 10 Brownstones, was approved. SOUTH LAKE 2030 PLAN: Consolidated Land Use Plan The "Town Center" definition in the 2030 Land Use is as follows: The Town Center land use designation is intended to enhance and promote the development of the community's downtown. The goal is to create an attractive, pedestrian -oriented environment that becomes the center of community life in Southlake. It may include compatibly designed retail, office, cultural, civic, recreational, hotel and residential uses. All uses shall be developed with a great attention to design detail and will be integrated into one cohesive district or into distinct sub -districts, each with its own unique characteristics. A mix of different uses is encouraged to create a vibrant, lively, and unique environment. The "Town Center" designation provides the following guidelines for residential uses: • Residential uses are to be located between the proposed office or retail uses and existing residential neighborhoods. These uses are intended to provide a lower intensity transition between existing neighborhoods and commercial uses. • Residential uses should be well integrated with proposed open space and other civic uses to create a sense of place. They should also be integrated with proposed commercial uses in a manner that provides internal automobile and pedestrian access to convenience commercial uses. Case No. Attachment A ZA13-053 Page 4 TRANSPORTATION ASSESSMENT: PATHWAYS MASTER PLAN WATER & SEWER: TREE PRESERVATION & LANDSCAPE: • Residential uses are recommended to be to the density and scale that is appropriate based on the context and character of the proposed overall development. Traffic Impact: Residential Condominium/Townhouse Use (ITE # 230) Use Units Vtpd* AM -IN AM -OUT PM -IN PM -OUT EXISTING 140 820 11 51 49 27 APPROVAL PROPOSED (Garden District 93 545 7 34 33 18 and Brownstones Phase C ) PROPOSED 40 235 3 14 14 8 (Block 4R1) PROPOSED (Garden District and Brownstones 133 780 10 48 47 26 Phase C + Block 4R1) Net Difference -7 - 40 -1 -3 -2 -1 . Vehicle Trips per Day The Pathways Plan shows an on -street bikeway planned along Central Ave. Sidewalks are shown along all public street frontages on the site plan with additional sidewalks shown throughout the open space areas. All necessary public water and sewer infrastructure are currently in place for this development. There are no existing trees on the site except those that the developer has planted, including Live Oaks and Magnolias. The preliminary landscape design is consistent with the Town Square theme. CITIZEN INPUT: Two SPIN meetings were held. The first SPIN meeting was held Monday, February 11, 2013. And a second SPIN meeting was held Monday, June 10, 2013. SPIN Meeting Reports for both meetings are included as Attachment "D" of this report. COMMISSION: August 8, 2013; Approved (5-0) subject to Revised Site Plan Review Summary No. 3 and Staff Report dated August 8, 2013 and noting the applicant's willingness to work with City staff to have a traffic calming devices included along Summit Avenue and the applicant's willingness to landscape and irrigate the property north of Main if construction does not begin within 12 months. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated August 8, 2013. Case No. Attachment A ZA13-053 Page 5 Vicinity Map Southlake Town Square Brownstones Phase C CIVIC PL w F-1 U) w o a❑ a ry Q FOUNTAIN PL w O FM. 1709 E SOUTH LAKE BLVD N -* I E 0 S sy , ZA13-053 Specific Use Permit 450 900 1.800 � Feet Case No. ZA10-053 Attachment B Page 1 Plans and Support Information Narrative (also Included in the packet as separate booklet) =se Byrn S The Garden District Team ■ Cooper and Stebbins — Frank Bliss, Larry Corson ■ Balfour Beatty— Residential Construction/Underground Garages ■ David M. Schwarz Architects — Master Plan, Elevations ■ Bennett Benner & Pettit — Site Plan, Brownstone Design ■ Brockette Davis Drake — Site Engineering ■ TBG Partners — Landscape Planning ■ Rendition Luxury Homes — Brownstone Construction Planning ■ Tracy Cross & Associates — Market Research Case No. Attachment C ZA13-053 Page 1 TOWN SQUARE LIVING ■ Since opening in 2006, the Brownstones have established Town Square as a desirable residential address. ■ 2012 saw increases in transaction volume and home prices ■ 2013 market— limited availability ■ Owner and buyer feedback has shown a demand for additional residential options and features: • Single level residences • MBR on the main living area • 3 car garage option • Additional light • Home size variety • Bigger closets, storage options ■ Garden District plan has evolved to meet demand while responding to development criteria and specific site opportunities and constraints THE GARDEN DISTRICT Concept Plan — May 2011 n � AM tigo 31 ac r 130 Condominium Residences in 10 Buildings 10 Brownstones on Park Ridge Blvd. • 2.35 Acres of Open Space Park Ridge Boulevard Simplified (median removed) Case No. Attachment C ZA13-053 Page 2 THE GARDEN DISTRICT New Concept Plan — Mav 2013 • 33 Brownstones in 4 Configurations 60 Garden District Residences in 3 Buildings The Garden District Evolution 2011 Concept Plan 2013 Concept Plan Total Residences 140 133 Garden District Residences (incl. Block 4) 130 100 Garden District Residences (Buildings) 10 4 Brownstones 10 33 Open Space 2.35 Acres 2.29 Acres* * Initial open space is 1.56 acres, additional open space to be provided in future phases Case No. Attachment C ZA13-053 Page 3 _ • - ��`h trpb sbam aN.� •J r!iter. R+QNLW � i �. y •- _ �1 •� twixt t n : i ii ..S t..ih T..^"'� ♦sue is TOWN SQUARE MASTER PLAN Showing Potential Relocation of Central Ave. ■ Enhances High Street Development options ■ High Street Mix Department Store Specialty Retail and Restaurants Potential 2"d Anchor 2"d Department Store Corporate Office HQ Boutique Hotel ■ Requires flexibility in future routing of Central Avenue ■ Improves "360 degree" walkability of Town Square THE GARDEN DISTRICT Open Space Map ■ Initial open space of 1.56 acres (orange + red) impacted by: - allowance for potential Central Ave. relocation - Addition of Meeting Street - relocation of open space Into private courtyards ■ Full open space allocation of 2.35 acres to be provided in future phases Case No. Attachment C ZA13-053 Page 4 Garden District Evolution: 2011— 2013 Key Site Plan Changes ■ Addition of Meeting Street ■ Park Ridge Boulevard Simplified ■ Main Street Alley Extended ■ Variance request for 41h Floor Penthouses setback from building edges ■ Open space is equivalent to 2.29 acres offset by 0.73 acres for potential future realignment of Central Avenue corridor ■ Landscape plan uses native Texas plantings, formal lines ■ Oval Park • Dog Park (temporary location) ■ Walking Paths THE GARDEN DISTRICT Garden Brownstones — Concept 21 Brownstones Facing Park Constructed in Pods of 1-3 Homes (added light, construction efficiency) • Slightly Wider Lots — 26 Feet 2 Stories with Partial 311 Floor Available Case No. Attachment C ZA13-053 Page 5 THE GARDEN DISTRICT Garden Brownstones - Concept Homes Sites: 2,700 to 3,500 SF 3 Bedrooms with 41h Bedroom Option MBR on 2"d Floor Living Space Above Garage Attached to 2"d Floor Living Area Garden Brownstone Features ■ Post WWI design approach (sloped roofs, porches, terraces) ■ Pod Approach • Construction Efficiency • Side Accent Light • Extended Courtyards, Wrap -Around Front Porches • Marketing Simplicity ■ Two -Story living with 3rd Floor Options ■ Enlarged Master Bathroom and Closets ■ 26'-3" width allows for 2nd floor connection Case No. Attachment C ZA13-053 Page 6 THE GARDEN DISTRICT Park Ridge East Brownstones - Concept 'f • , 9 Brownstones on Park Ridge Boulevard 3,800 to 4,800 SF Pods of 3 Homes on 35' Lots 4 Bedrooms with 511' Bedroom Option 3 Car Tuck -Under Garage Choice of MBR on lit or 2" d Floor Three Stories with Front Attic Options 2" d Floor Terrace Park Ridge Brownstone Features ■ 35' Wide Homes allows: • 3-car tuck -under garage • Option of Master Bedroom up or down • Larger Courtyard • 21,11 Floor Terrace ■ Similar pod approach ■ Flexibility to combine lots Case No. Attachment C ZA13-053 Page 7 GARDEN DISTRICT CONCEPT PLAN Plan "B" Option Maln Street Ak In I THE GARDEN DISTRICT Garden District Residences - Concept F 1- 3 Bedrooms 11 Floor Terraces —Garden Access 1,500 — 3,500 SF High Quality Finishes and Appliances ■ Potential transaction to sell southernmost Brownstone lot on west side of Park Ridge Boulevard ■ Revised Plan Benefits: - Allows development of larger custom villa(s) with private side yard - Potential to combine remaining two Brownstone lots 7 Case No. Attachment C ZA13-053 Page 8 The Garden District Residences — Overview ■ 60 Residences in 3 buildings ■ 1,500 SF to 3,500 SF ■ 4th Floor Penthouses (setback from building edge) ■ Phased to accommodate future High Street retail anchor/requirements THE GARDEN DISTRICT New Concept Plan — Mav 2013 • 33 Brownstones in 4 Configurations 60 Garden District Residences in 3 Buildings Case No. Attachment C ZA13-053 Page 9 Phasing and Timeline ■ Four month land development schedule ■ Immediate start of model and speculative home ■ Garden Brownstones develop west to east ■ Park Ridge Brownstones develop south to north ■ Brownstone construction process — 8 to 10 months ■ First residents by late 2014 Case No. Attachment C ZA13-053 Page 10 1st SPIN MEETING REPORT El SOUTHLAKE SPIN MEETING REPORT CASE NO. N/A PROJECT NAME: The Garden District — Southlake Town Square SPIN DISTRICT: SPIN #8 MEETING DATE: February 11, 2013; 8:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Twenty-six (26) • SPIN REPRESENTATIVE(S) PRESENT: Vic Awtry (#7) APPLICANT(S) PRESENTING: Frank Bliss, Cooper & Stebbins; et al five (5) • STAFF PRESENT: Lorrie Fletcher. Planner I STAFF CONTACT: Dennis Killough: (817)748-8072 or dkilloughcw_ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at Southlake Town Square; generally the northeast corner of East Southlake Boulevard and Carroll Avenue. Development Details • The original concept plan was approved in May 2011 — 130 Condominiums, 10 Brownstones and 2.4 acres of open space. • The applicant is requesting a revised concept plan to include: 28 Brownstones in 3 configurations 0 7 Custom Villa Homes (6 detached) o 83 Garden District Residences in 5 buildings o 2.2 acres of open space o Amenities to include: • Sidewalks • Landscape • River bend stream / meditation area • Spanish steps common area • Pet playground Case No. Attachment D ZA13-053 Page 1 Exhibits presented at SPIN: New Plan 1 1 2011 Plan Garden District Residences 83 130 Park Ridge Brownstones 9 10 Brownstones in the Garden 19 0 Park Ridge Villas 7 0 TOTAL 118 140 QUESTIONS / CONCERNS • Will the city maintain the central park area? No, the park area will be maintained by the HOA — it is a private open space that is open to the public. If the HOA pays, are they going to keep the public out? No, it is not gated... accessible to the public. • We are concerned the park will become a teenage hangout? We feel the environment will be accessible but secure, well managed and well lit. It is an urban environment — urban suburbia. • 1 live in one of the Brownstones and these issues have been addressed well. Kids figure it out... no problem. Case No. Attachment D ZA13-053 Page 2 • Is this development accessible to wheel chairs? The Spanish steps? It looks like it doesn't work. a We have engineered 7 different points of access; only 2 are not ADA accessible. a Each condo has an elevator from the garage —the ability is there. 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 D ZA13-053 Page 3 2nd SPIN MEETING REPORT USOUTHLAKE SPIN MEETING REPORT CASE NO. ZA13-011 PROJECT NAME: The Garden District — Southlake Town Square MEETING DATE: June 10, 2013; 7:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Thirty-three (33) • SPIN REPRESENTATIVE(S) PRESENT: Matt Shurly (#8) and Vic Awtry (#7) • APPLICANT(S) PRESENTING: Larry Corsin, Cooper & Stebbins; et al five (5) • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Richard Schell: (817)748-8602 or rschellaci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at Southlake Town Square; generally the northeast corner of East Southlake Boulevard and Carroll Avenue. Development Details • The original concept plan was approved in May 2011 — 130 Condominiums, 10 Brownstones and 2.4 acres of open space. • In February 2013; the applicant proposed the following revised concept plan to SPIN: 0 28 Brownstones in 3 configurations 0 7 Custom Villa Homes (6 detached) 0 83 Garden District Residences in 5 buildings 0 2.2 acres of open space o Amenities to include: ■ Sidewalks ■ Landscape ■ River bend stream / meditation area ■ Spanish steps common area ■ Pet playground • Currently, the applicant is requesting a revised concept plan to include: 0 33 Brownstones in 3 configurations 0 100 Garden District Residences in 4 buildings o ± 3 acres of open space Case No. Attachment D ZA13-053 Page 4 Exhibits presented at SPIN: Garden Brownstones 21 0 Park Ridge East Brownstones 9 9 Park Ridge West Brownstones 3 1 Garden District Residences 60 130 Central Avenue Residences 40 0 TOTAL 133 140 Eliminates Garden District Residence buildings on the Main Street alley and the west side of Park Ridge, which allows this area to be developed independently, and sooner New plan made possible by eliminating buildings and individual garages in favor of clustering a mix of 3 and 4-story residences over larger central garages on north side Density reduced; broader offering of residential options; responsive to market demand; phaseable Open space reorganized but substantially same scale QUESTIONS/CONCERNS • What is the ratio of 1 — 2 — 3 bedrooms? 40 — 40 — 20% total • How many Brownstones? 33 Case No. Attachment D ZA13-053 Page 5 • 1500 square feet is basically apartment size... 1500 square feet was approved by City Council in 2011 • What was the density in 2011 plan? Minimum square footage of 1500; no more than 25% of total can be 1500 square feet • What about parking? 80 parking spaces; we are currently over parked by 600 parking spaces for Southlake Town Square. The parking garages are underutilized. • What is the price point? $325 - $350 per square foot • Will these be owner occupied or leased? These will be sold. We have no holding company or comps in this area. • So you won't have any restrictions against renting? People own and rent property throughout the city • Why is the construction so expensive? It is Cooper & Stebbins quality expectation and commitment made from the beginning • There are two different housing products. Is the condo HOA different from the Brownstones? The HOA(s) can set rules that protect value. We are discussing the best approach regarding the HOA. • According to your new plan, Summit Avenue no longer dead ends and is now a through street. We are concerned about 1709 cut through. There is a safety concern and may be increased traffic from those seeking parking. You have made good comments... I love the concept. There is a great need for condos. 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 D ZA13-053 Page 6 Case No.: ZA13-053 REVISED SITE PLAN REVIEW SUMMARY Review No.: Three Project Name: SUP — Phase C Brownstones APPLICANT: Frank Bliss Cooper and Stebbins 1256 Main St. Suite 240 Southlake, TX 76092 Date of Review: 08/08/13 Engineer: Jim Riley Brockette Davis Drake, Inc. Phone: (817) 329-8400 Phone: (214) 824-3647 E-mail: fbliss@southlaketownsquare.com E-mail: jriley@bddeng.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/13 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 RICHARD SCHELL AT (817) 748-8602. Revise the open space area and percentage in the Site Data Summary Chart to match the Open Space Exhibit (1.05 acres). Correct the required visitor parking in the Site Data Summary Chart to 33 spaces (one space per unit). 3. Revise the language in the narrative and on the concept plan to state that the Property Owners Association will be responsible for maintenance of landscaping, irrigation and open space areas. 4. Please note the following sections from Southlake Ordinance 880-A moving forward with platting and permitting of this project: Sec. 9.5-298. Subdivision of property burdened by pipeline. When one or more residential lots in a proposed subdivision are crossed or come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall, priorto and as a condition of city approval of the subdivision, execute the following waiver and hold harmless agreement, which shall be duly acknowledged in the manner provided by law, and which shall thereafter be recorded in the appropriate deed or other permanent county records: "[Subdivider Name], by and through its duly undersigned and authorized officer, does hereby state that it fully realizes that it is applying for a permit from the City of Southlake to build within 100 feet of an existing oil or gas pipeline or pipeline easement, and that the City of Southlake considers building near such pipeline or pipeline easement to have certain inherent dangers, including but not limited to explosion and release of noxious, toxic and flammable substances. For the aforementioned reasons [Subdivider Name] hereby RELEASES and agrees to forever HOLD HARMLESS the City of Southlake, Texas, its officers, officials, employees, successors and assigns from all liability in any way arising from the building, use or habitation of [structure described in the said permit]." Sec. 9.5-299. Waiver/hold harmless agreement required for issuance of building permit. (a) Any person, firm or corporation wishing to obtain a building permit for the erection, construction, reconstruction or expansion of any structure, of which any portion of such erection, construction, reconstruction or expansion would occur within 100 feet of an existing oil or gas pipeline or pipeline easement shall, prior to and as a condition of the issuance of such building permit, execute the following waiver and hold harmless agreement, which shall Case No. Attachment E ZA13-053 Page 1 be duly acknowledged in the manner provided by law and which shall thereafter be notarized and recorded in the appropriate deed or other permanent county records: "I, [Applicant's Name], do hereby state, on my oath, that I fully realize I am applying for a permit from the City of Southlake to build within 100 feet of an existing oil or gas pipeline easement; that I am fully aware of the dangers inherent in building near such pipeline or easement, including but not limited to explosion and release of noxious, toxic and flammable substances; and, further, that I do hereby RELEASE and agree to forever HOLD HARMLESS the City of Southlake, Texas, its officers, officials, employees, successors and assigns from all liability in any way arising from the building, use or habitation of the structure described in the said permit." (b) Prior to beginning any excavation, trenching or digging using powered equipment or hand tools that may damage a pipeline, any person within the city shall be required to contact the one call system and any other appropriate underground utility coordinating systems and determine if there are any pipelines or public utilities in the vicinity of the proposed activities. (c) If physical contact is made with a pipeline during any excavation, trenching or digging, the pipeline operator must be notified by the person or agency making the physical contact with the pipeline for any necessary pipeline inspection or repair. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 A_1 kiI11:19fe1 »ds] iyi I iyi 1 :4 q &13 No comments Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us rAAki1:4:7e1 W9191iyiliyi1:401111&'1 Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. 2. Label utilities has "Public" or "Private". DRAINAGE COMMENTS: 1. Please provide a Drainage Area Map for the site. 1ki1;101Nkyi Fit IIs] 01/_1 Wd9]iyiliyil:401111&'ia Submit 4 copies of the civil construction plans (22" X 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. 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. Case No. Attachment E ZA13-053 Page 2 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 acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. Any hazardous waste being discharged must be pretreated Ordinance No. 836. Fire Marshal Review Kelly Clements Assistant Fire Marshal (817) 748-8671 klements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for each individual residential unit due to the limited fire apparatus access based on the minimal street widths. Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. Each individual residential unit must be supplied with an exterior horn/strobe that is tied into the water flow switch of the sprinkler system for that unit to provide audible notification in the event that a fire occurs. FIRE LANE COMMENTS: Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 80,000 Ibs GVW). Fire access roads have been increased from the previous width of 20 feet wide with an additional 8 feet of parallel parking in the existing Brownstones, to 22 feet wide with an additional 8 feet of parallel parking. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 400 feet for these multi -story residential structures. (Identical to the spacing for the existing Brownstones) Hydrants are also required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. 1k1;101NLy,UIEel kVAW6191Ly,ILyilEll k111&1 All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2009 I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. FDC connections must have a Knox Locking Cap. Denotes informational comment. Case No. Attachment E ZA13-053 Page 3 Informational Comments: SPIN meetings for this development were held February 11, 2013 and June 10, 2013. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment E ZA13-053 Page 4 Surrounding Property Owners Phase C Brownstones SPO # Owner Ak. Zoning Land Use Acreage Response 1. Town Square Ventures Lp DT Town Center 0.48 NR 2. Sits Grand Avenue Lp DT Town Center 2.44 NR 3. Sits Grand Avenue Lp DT Town Center 0.58 NR 4. Southlake, City Of DT Town Center 1.37 NR 5. Town Square Ventures Lp DT Town Center 3.62 NR 6. Sits Grand Avenue Lp DT Town Center 2.96 NR 7. Sits Grand Avenue Lp DT Town Center 2.55 NR 8. Southlake, City Of DT Town Center 2.07 NR 9. Town Square Ventures V Lp DT Town Center 1.10 NR 10. Town Square Ventures Lp DT Town Center 2.27 NR 11. Early, Fidelma DT Town Center 0.07 NR 12. Smith, Ryan DT Town Center 0.06 NR 13. Gray, Tim A DT Town Center 0.06 NR 14. Mills, Michael D Etux Rita DT Town Center 0.06 F* 15. Wang, Tzuchung S & Julia Huang DT Town Center 0.06 NR 16. Lewis, Terry W Etux Debra K DT Town Center 0.06 NR 17. Pekowski Family 1998 Trust DT Town Center 0.06 NR 18. Hale, Genevieve Etvir John DT Town Center 0.06 NR 19. Kienast, Joseph P Etux Deanna DT Town Center 0.06 F 20. Nelson, Kenneth R Etux Sharon DT Town Center 0.06 NR 21. Posey, James H DT Town Center 0.06 NR 22. Schirle, Joseph L Jr Living Tr DT Town Center 0.06 NR 23. Vance, Frederick Etux Carol DT Town Center 0.06 NR 24. Talkington, Timothy J DT Town Center 0.06 NR 25. Ware, Demarcus O DT Town Center 0.06 NR 26. Julia, Thomas Etux Mary Jane DT Town Center 0.06 NR 27. Durant, Tom & Susan Durant DT Town Center 0.13 NR 28. Brownstone At Town Square Lp DT Town Center 0.16 NR 29. Brownstone At Town Square Lp DT Town Center 0.07 NR Case No. Attachment F ZA13-053 Page 1 30. Williams, Herbert S III DT Town Center 0.04 NR 31. Raif, Thomas V Jr & Jennifer DT Town Center 0.04 NR 32. Torres, Carlos DT Town Center 0.04 NR 33. Wandschneider, Gary K DT Town Center 0.06 NR 34. Visosky, Mark DT Town Center 0.07 NR 35. Ducharme, Paul E Etux Marianne DT Town Center 0.07 NR 36. Jackson, Charles B Jr & Cathy DT Town Center 0.07 NR 37. Ryne, Wallace R DT Town Center 0.08 NR 38. Francis, Tim D Etux Pamela D DT Town Center 0.09 NR 39. Faulkner, Sandra Potter DT Town Center 0.09 NR 40. Angeluna Properties Llc DT Town Center 0.08 NR 41. Smith, Pete DT Town Center 0.08 F 42. Fout, April R Etvir George D DT Town Center 0.08 NR 43. Osorio, Federico G Etux Paula DT Town Center 0.08 NR 44. Martin, John Etux Patricia D DT Town Center 0.08 NR 45. Shetterly, Mark Etux Kathern DT Town Center 0.08 NR 46. Leaf, Makram J Etux Caroline M DT Town Center 0.07 NR 47. Depperman, Chris DT Town Center 0.07 NR 48. Biersmith, Mark A Etux Sally A DT Town Center 0.07 49. Cranston, James Etux Etal DT Town Center 0.08 NR 50. Brownstone At Town Square Lp DT Town Center 0.12 NR 51. Arnold, William Etux Joanna DT Town Center 0.08 NR 52. Brownstone At Town Square Lp DT Town Center 0.06 NR 53. Brownstone At Town Square Lp DT Town Center 0.06 NR 54. Brownstone At Town Square Lp DT Town Center 0.06 NR 55. Brownstone At Town Square Lp DT Town Center 0.05 NR 56. Brownstone At Town Square Lp DT Town Center 0.06 NR 57. Brownstone At Town Square Lp DT Town Center 0.06 NR 58. Brownstone At Town Square Lp DT Town Center 0.06 NR 59. Brownstone At Town Square Lp DT Town Center 0.06 NR 60. Brownstone At Town Square Lp DT Town Center 0.06 NR 61. Brownstone At Town Square Lp DT Town Center 0.06 NR 62. Brownstone At Town Square Lp DT Town Center 0.06 NR 63. Brownstone At Town Square Lp DT Town Center 0.65 NR 64. Brownstone At Town Square Lp DT Town Center 0.13 NR 65. Brownstone At Town Square Lp DT Town Center 0.09 NR 66. Brownstone At Town Square Lp DT Town Center 0.08 NR 67. Brownstone At Town Square Lp DT Town Center 0.07 NR 68. Brownstone At Town Square Lp DT Town Center 0.08 NR 69. Brownstone At Town Square Lp DT Town Center 0.06 NR 70. Brownstone At Town Square Lp DT Town Center 0.06 NR 71. Brownstone At Town Square Lp DT Town Center 0.06 NR 72. Brownstone At Town Square Lp DT Town Center 0.06 NR 73. Brownstone At Town Square Lp DT Town Center 0.06 NR 74. Brownstone At Town Square Lp DT Town Center 0.06 NR 75. Brownstone At Town Square Lp DT Town Center 0.06 NR 76. Brownstone At Town Square Lp DT Town Center 0.06 NR 77. Brownstone At Town Square Lp DT Town Center 0.06 NR 78. Brownstone At Town Square Lp DT Town Center 0.06 NR 79. Brownstone At Town Square Lp DT Town Center 0.08 NR 80. Brownstone At Town Square Lp DT Town Center 0.08 NR 81. Smith, Ryan Taylor & Catherine DT Town Center 0.10 NR 82. Fields, Jennifer DT Town Center 0.06 NR 83. Coons, Robert & Kathy DT Town Center 0.06 NR 84. Alexander, Stanley Etux Lisa DT Town Center 0.06 NR Case No. Attachment F ZA13-053 Page 2 a. Cardillo, Valentino Etux S DT Town Center 0§8 O 86. Brownstone At Town Square Lp DT Town Center 0.13 NR 87. Brownstone At Town Square Lp DT Town Center 0.10 NR 88. Brownstone At Town Square Lp DT Town Center 0.12 NR 89. Cole Mp Pm Portfolio Llc C3 Town Center 4.66 NR 90. Hd Development Propertiex, Lp C3 Town Center 11.60 NR 91 Shamrock Pipeline Corp, The (Response form received from Kelly McAlister with NuStar Energy) C3 Town Center 0.41 F 92. Slts Land Lp DT Town Center 5.35 NR 93. Brownstone At Town Square Lp DT Town Center 4.31 NR 94. Chesapeake Land Dev Co Llc C3 Mixed Use 3.09 NR 95. H D Development Properties Lp DT Town Center 0.20 NR Responses: F: In Favor O: Opposed To U: Undecided F*: In Favor with Conditions Notices Sent: Ninety-five (95) Responses Received: Five (5) — Attached NR: No Response A number of emails have also been received by the City from residents indicating theirconcerns about the project. These emails were submitted on August 22, 2013 or prior to this date and can be found in the attachment linked below. - Link to Emails from Residents Case No. Attachment F ZA13-053 Page 3 811/13 Ci.southlal�.b,us Mail - SaAfilak Town Square Garden District & Brownstones CITY Oi' SOUTHLAKE Southlake Town Square Garden District S Brownstones Shawna Cardillo W Thu, Aug 1, 2013 at 3:39 PM To: "mayor@ci.southlake.tx.us <mayor@ci.southlake.tx.us>, "placel@ci.southlake.tx.us" <place1@ci.southlake.tx.us>, "place2@ci.southlake.tx.us" <place2@ci.southlake.tx.us>, "place3@ci.southlake.tx.us" <place3@ci.southlake.tx.us>, "place4@ci.southlake.tx.us" <place4@ci.southlake.tx.us>, "place5@ci.southlake.tx.us" <place5@ci.southlake.tx.us>, "place6@ci.southlake.tx.us" <place6@ci.southlake.tx.us>, "hblake@ci.southlake.tx.us" <hblake@ci.southlake.tx.us> Cc: Valentino Cardillo (Sent via Email and Hand Delivered) August 1, 2013 Southlake Planning & Zoning Members and Southlake City Council Members, This communication is in reference to the proposed Garden District development which will be reviewed at the August 8th P&Z public meeting. This is an extremely difficult topic to cover succinctly via email 1 letter communication or via a three minute discussion at the meeting. Therefore, we have attached three plan documents to be referenced concurrently with this letter. Additionally, in an effort to keep it simple, we have outlined our concerns in bullet point format below. At the highest level we have two major concerns: 1) The inclusion to tum Summit Avenue into a through -street. Previously the plan was Summit Avenue would D21 be a through -street to the Garden District, 2) The addition of condominiums to the Southlake Town Square area. 1) Summit Avenue as a Pass -Through Street vs. Dead -End (Exhibit 2 and 3 yellow vertical line) • The plans presented in January called for Summit Avenue to be blocked via barricades prior to entering the center of the Garden District and not be a through -street. (Exhibit 1, red horizontal line) • On May 29th we met with Lawrence Corson, Director of Residential Development and Sales, of Cooper and Stebbins Development. He stated there was no reason Summit Avenue has to be a through -street in order to complete the remainder of the Garden District development plans. This is a very key point to this topic as no other development would be delayed with this modification. Case No. Attachment G ZA13-053 Page 1 811/13 Ci.southlake.txus Mail - Soulhlake Tmn Square Garden District & Bromstones • Critical Point #1: This will create an extremely hazardous pedestrian and vehicular situation at the intersection of Highway 1709. As the volume of traffic increases significantly attempting to exit and enter from Summit Avenue via a stop sign a serious, or potentially fatal accident occurring Is only a matter of time (Exhibit 3, lime green "X"). The already established traffic signal, no more than a tenth of a mile up from Summit Avenue, on to Central Avenue should continue to be the main access way to the new retail development. (Exhibit 3, orange colored line; including planned expansion/right turn of Central Avenue across from Federal Way to Hwy 114. Planned retail expansion noted as well) • Critical Point #2: This will turn the Brownstone residential neighborhood into a very busy vehicular "pass through" to the planned retail expansion behind, and adjacent to, the Garden District. (Exhibit 2 and 3, teal blue colored line) • The rebuttal offered by some is: traffic already enters Summit Avenue today and exits via Main Street to Central. This is true; however, volume is light compared to what will occur with a formal cut -through street. If Summit Avenue is not cut -through and someone does turn on to it with the hopes of passing to Meeting Street, they will quickly learn this is not possible and return to the designed Central Avenue controlled traffic light the next time. • Traffic will increase drastically in the existing alley behind all the current Brownstones (and future Brownstones) as it will become a passage way for vehicles circling trying to find parking on the new Meeting Street which will run in front of the new Brownstones. This creates a dangerous situation for all residents in the new and existing Brownstones trying to exit and enter their garages. It also creates eminent traffic danger to all pedestrians but especially children, and or pets, exiting their garages or utilizing the alley for some form of recreation, i.e., basketball or skateboarding. (Exhibit 2 purple colored line) • Visitors will search for parking when curb -side Meeting Street parking is full. Vehicles will be less likely to circle to Main Street if they cannot cut -through via Summit Avenue. According to Cooper and Stebbins, the-Southlake Fire Department is apathetic to this pass -through of Summit Avenue. It is not required for any reason. • It appears too easy for the section between Meeting Street and the Central Avenue extension to Hwy 114 to be extended through the park area from the Summit Avenue extension (Exhibit 2 and 3, pinkish red colored line), making the scenarios outlined above an even greater concern. This section is cleverly disguised on the diagram with trees as is the Summit Avenue cut -through. As time progresses many will find a way to utilize this cut -through; not only as a means to get to retail shopping, but potentially as a short cut to other events, including their place of work, all having nothing at all to do with Southlake Town Square. • Residential traffic will increase substantially. Estimating 33 new Brownstones, and four new condo buildings with 60 units each, will total 273 more residential units. If each home averages two vehicles this alone could increase traffic flow on Summit Avenue by a large portion of 546+ vehicles daily. Case No. Attachment G ZA13-053 Page 2 • Not only will residential traffic increase but commercial vehicles (delivery trucks and semis) will utilize passage 24X7 through a residential community with children. Proposed Solution: The passage way from Summit Avenue to Meeting Street should be closed. (Exhibit 2 and 3 yellow colored line, dead-end at horizontal yellow line) This should be filled with an additional Brownstone unit to ensure this issue is not continued at a later date. 2) Addition of Condominiums to the Southlake Town Square Area • Critical Point #1: If the proposed units are approved they should be approved as Co-ops vs. Condos. (including, three Garden District Buildings, a building in the surface parking lot next to the movie theater which is scheduled to be built first, and future surface parking lot proposals throughout the Town Square.) (Exhibit 2 and 3, marked as Condo 14) • Critical Point #2: Southlake schools are a large draw to this community. What an excellent way to get your child into the Southlake school district via uncontrolled rent rates; rent a 1700 sq. ft., or less, condnminium. • At a recent SPIN meeting Cooper and Stebbins indicated they most likely would hold a large portion of ownership of the condos. Thus, they plan to lease/rent these as they see fit. This is the definition of an apartment building. • The rebuttal Cooper and Stebbins will offer is Brownstones, and/or homes can be rented in Southlake. This is true; however the rental fee typically carries a high premium of around $5,000+ per month. A company in business (Cooper and Stebbins, or any other) that needs to rent 60+ units at a time has much different motives than an individual renting a Brownstone or two. In a co-op, all your neighbors have been screened by a board. They are financially stable, they can afford their home, and they have letters of reference from a variety of sources. They have agreed to abide by house rules. Rental activity is tightly controlled, not totally forbidden, usually, but controlled. You don't have to worry about your "owner -mostly building" turning into a "renter -mostly building". If a resident is being obnoxious, you can actually take action that works. • If a large percentage of condo units go into foreclosure, the remaining residents are going to have to pay higher monthly costs and/or the building is going to deteriorate. Also, the condo building is not first in line when it comes to recovering from the foreclosed property. The equivalent of foreclosure in co-ops is rare, because of the screening process, and the co-op building is first in line when it comes to recovering funds if an owner does get into trouble. • One of the advantages with a co-op is specific to sub -leasing. After the owner has resided in the co-op for one or two years typically, most co-ops allow the owners to sublease for one to two years, and then they must move back into the co-op. The renters oftentimes have to be interviewed by the board and disclose their finances Case No. Attachment G ZA13-053 Page 3 • Despite the fact many condo associations contend they are empowered to either approve or disapprove the transfer of ownership, the reality is they have little power at all. Co-ops on the other hand have the right to approve or deny the sale of shares on the basis, for example of the buyer's perceived inability to meet financial obligations. Parking will be greatly compromised by eliminating the existing surface parking and forcing more cars to completely fill or overflow the existing parking decks. This very easily could have a reverse effect on retail shop success as consumers look for convenient parking, not a long walk from the top of a parking deck. (Exhibit 2 and 3, Condo 1) Proposed Solution: No condominiums should be allowed. If passed in the existing architectural format these should be co-op managed buildings. Another alternative is to go to 100% high value Brownstone units with no condominium buildings. Recent Brownstone sales are turning rapidly. We need to be cognizant of both issues to guard against property devaluation in a city with a history of home ownership value maximization and appreciation. Respectfully, Valentino and Shawna Cardillo 1560 Main Street Southlake, TX 76092 3 attachments Exhibit 1.pdf 279K Exhibit 2.pdf 362 K Exhibit 3.pdf 397K Case No. Attachment G ZA13-053 Page 4 i a4 W CL O (D CL M� A rF M y O � A O (D 0 13 c C � 0 1 fD (Q r *-.% N O N M x Cr r+ Case No. Attachment G ZA13-053 Page 5 Case No. Attachment G ZA13-053 Page 6 Exhibit: 3 Retail Case No. Attachment G ZA13-053 Page 7 Notification Response Form ZA13-053 Meeting Date: August 8, 2013 at 6:30 PM Smith, Pete 1575 Main St Southlake Tx, 76092 39618B 24 13 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Date:? &'zf Additional Signature: Date: Printed Name(s): 07C c�,/)-rI>ri Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): a J ? -, 2 rj> -- 6,'JJ\2 Case No. Attachment G ZA13-053 Page 8 Notification Response Form ZA13-053 Meeting Date: August 8, 3013 at 6:30 PM Shamrock Pipeline Corp, The PO Box 780339 San Antonio Tx, 78278 A 481 2A01 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. comments regarding your position: or Signature: Date: Additional Signature: Date: Printed Name(s):.�& Must be property owner(e) whose name(s) Phone Number (optional): printed at top. Oftrwise oanteot the Planting Department One farm per property. Case No. ZA13-053 Attachment G Page 9 Aug"07.2013 11.19 AM Notification Response Form ZA13-063 Meeting Date: August 8, 2013 at 6,30 PM Mills, Michael D Etux Rita 1528 Main St Southlake Tx, 76092 39618E 21 17 PAGE. 5J 8 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner a property so noted above, are hereby in favor of posed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: MEar r w�J Signature: Date: 5)3 Additional Signature:Date: _ Printed Name(s): Ali400iz J. D ///-/ Must be property owner(s) whose name(s) are print, at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): 14152- �i`1 i I")) 75< Ate'.- . c,o Y� Case No. Attachment G ZA13-053 Page 10 Aug.07.2013 11:17 AM 7 August 2013 To, Planning & Zoning Commission City Council Ref: .Z,A 13-011f012/054f080 and the residential development of Town Square in general PAGE. 1/ 8 we to prior out of town commitments I will not be available to speakk in gcrson at the upcoming P&Z and potential Council meetings concerning this subject and so will brietly provide my oomments in writing. pirst and foremost T am an avid supporter of continued development of the residential element to the Town Square District. The concept components proportions are consistent with successful uftn designs and with all that I learned while earning an undergraduate deter from the UW School of, Architecture and Urban Design. We currently have an unfinislsed project that has much upside remaining. Given the confusing narning and numbering scheme of the 5 current cases (e.g. it is not clear to me even if the "Site Plan" requirements arc included in these cases)1 will not attempt to comment on the cases individually but rather make overall comments on the project. ley points are as follows: A Ay Width It is not clear to me what the current state of play is on this subject. however, I want to make it clear that I do t►ot su pclrwiden the existing alleyp�yemant tyond its existing 16 feet. 7'11e arguments for status quo are many and. compelblig (visual appearance of an off center Swale; useful life degradation due to scabbing on extra pavement to that which exists; ownership issues since the additional width would be owned by a different HOA than the existing; increased maintenance cost due to chipping that occurs at seams; increased speed of traffic and accident risks on private property, there is no longer a public safety access issue pertaining to the Garden District; etc. eic.). if for some remon a disc ion is held about widening the pavemea then the exiting HOA, as theowner of the existing; alley land and pavement, needs to Officially be a part of that discussion. My position would be that to avvid economic damage to our HOA property any widening of the alley would have to be Clone by removing the existing pavement and consuuctxng a new alley with a monolithic pour side to side. Relo"ti©n vc CeAtral ArLenye While 1 am not necessarily against relocating the pa& of this street in concopt, nor do 1 in concept oppose filling in the drainage areas just north of the Original/Existing Brownstone District (i.e. the original. 114 homes plan approved to 2003), I am opposed to any changes to the Open Space created in perpetuity as a northern buffer between this residential district and the commercial area, as was created in 2004 at the time that Case No. Attachment G ZA13-053 Page 11 Auto. Q7.2013 11:18 AM PAGE. 2/ 8 Summit Park was reduced from approximately S aMs (Le. going all the way south to 1709) to its current sizr). In August of2004 the developer came to the .Parks Board (can which I served at that time) proposing a widening of the narrow buffer on the north end of the Brownstones District ai; a tradeoff for reducing the size of Summit Park. It was the Parks Board intent, as included in the passed motion and recommendation to MZ/Council that this widened buffer not be subject to future change. The Developer agreed. Although I have not gone with my own eyes tO verify, I w83 advised a couple of months later by the then. Community Services Director that this to perpetuity stipulation was carded fonvvard and approved through the test of the process. Criven that action and that it was a key element in approving the reduction in the size of Summit Park I do not believe it is appropriate to change that which wm intended to be permanent without significant vetting. I would also point out that the changes involved appear to excbange C`publip-' open space for "Private' open space which is two dill nt considerations (artless the city is going; to maintain the private open space that is replacing the public open space). Building Itei _ to With in the Garden District (i.c. the 2003 approved Brownstone District) I am opposed to any building height (above sea level not just above grade) exceeding that included in The approved 2003 Brownstones Plan. My pusitian is that there should not be any building higher above sea level by location within the original Brownstones District than approved previously. Said another way it is not j ust the height of the building itself but also the heights above sea level and the setbacks. While I have no empathy for those wto lorry homes without doing cline diligence as to what may be built next to than, we did our due diligence and based our purchases on what was approved for construction adjacent to our hotlnes... and now that is being revised so I art asking that our site lines as approved in 2003 he respected and protected. I think the developer is cousidering that, but 1 did notice a reference to'141 Story Penthouses.... while that might not be problematic as it pterWns to the ntw area being considered adjacent to the existing Bast Ptrtking Owase, it is of concern if it is being considered in the 2003 Brownstone District. East End of il+ltain.street This I do :not believe is a developer issue but rather an issue between the city and the HQA. The current cases create and excellent opportunity to clean up a situation that you probably do not even know exists... i.e. the HDA awns the street which is the last block on the east end of Maw while the city owns the rest of Main. The original documents show that area as being a landscaped "count At some paint it became obvious that a se -_On l mess point was :needec#. to the alley in that area until further development occurred... so this court was turned into a. sheet but the ownership stayed with the HOA. if there is some technicality for this unusual ownership the technicality needs to be resolved and this ownership converted to the city. With the legal documents all open at the moment for other dltatiges this would be an elf dent time to fix it. To leave it like it is will create ongoing problems of maintenance, replacement, liability, etc. etc, While it is unlikely the 140A would want to close this street: and vuntveA it to a "court I do Case No. Attachment G ZA13-053 Page 12 Aug.07.2013 11:18 AM PAGE. 3J 9 believe that ante the alley has a new entrance to the north an arp ent could be made to do so. °fly you for taking the time to read my information anal for your efforts to Balance the protection of exisaing owners with chat of continuing appropriate development of our district and of our community, Mehael D, Mills 1528 Main Street Soathlake, TX 76092 CC: The Bmwnstontes at Town. Square 140A Boad of Directors France Bliss Larry Corson Case No. Attachment G ZA13-053 Page 13 Notification Response Form ZA13-053 Meeting Date: August 8, 2013 at 6:30 PM Kienast, Joseph P Etux Deanna 1518 Main St Southlake Tx, 76092 39618B 21 22 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Signature: Add itiona Signature: Date.- 00 Date: 7-36 13 Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment G ZA13-053 Page 14 N*191ILIA IEel kiIki Eels &1s1101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SINGLE FAMILY RESIDENTIAL IN THE "DT" DOWNTOWN DISTRICT FOR SOUTHLAKE TOWN SQUARE BROWNSTONES PHASE C ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED LOT 24R, LOTS 25-34 AND A PORTION OF LOT 35, BLOCK 24, LOTS 1-16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BLVD. AND EAST OF CENTRAL AVE., SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for residential lofts in the Southlake Town Square "DT" Downtown District has been requested by a person or corporation having a proprietary interest in the property zoned as "DT" Downtown District; and, WHEREAS, in accordance with the requirements of Section 37 and Section 45 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. TEXAS: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, l;�ME" IEel k51 A Specific Use Permit is hereby granted for single family residential in the "DT" Downtown District for Southlake Town Square Brownstones Phase C on property described as Lot 24R, Lots 25-34 and a portion of Lot 35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and a portion of Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Blvd. and east of Central Ave., Southlake, Texas, more fully and completely described in Exhibit "A", and as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: Case No. Attachment H ZA13-053 Page 1 Case No. Attachment H ZA13-053 Page 2 This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 3RD DAY OF SEPTEMBER, 2013. 136011WK61=telljIaW_1R0 By: Mayor City Secretary ATTEST: Case No. Attachment H ZA13-053 Page 3 W:/:11-lk1wiv THIS SPACE RESERVED FOR METES & BOUNDS DESCRIPTION Case No. Attachment H ZA13-053 Page 4 W:/:11-lkM-v THIS SPACE RESERVED FOR THE APPROVED SITE PLAN Case No. Attachment H ZA13-053 Page 5