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Item 6F13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT October 9, 2013 CASE NO: ZA13-075 PROJECT: Zoning Change and Site Plan for Mody Southlake 1 EXECUTIVE SUMMARY: The Mody Group, LTD is requesting approval of a zoning change and site plan on property described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 111 S. Village Center Drive, Southlake, Texas. The current zoning is "0-1" Office District. The proposed zoning is "S-P-1" Detailed Site Plan District. SPIN Neighborhood #8. REQUEST: The Mody Group, LTD is requesting approval of a zoning change and site plan from "0-1" Office District to "S-P-1" Detailed Site Plan District to allow limited "C-2" Retail Commercial District uses. The requested site plan proposes to remove the existing bank canopy and drive through lanes and construct a two-story, 8,800 square foot addition on to the existing one-story, 4,100 square foot bank building on site now and currently occupied by Modia Home Theatre store. The site plan also proposes to modify the existing north fagade. The existing parking area will be expanded to service the new uses. The construction is not proposed in phases. Renovation of the existing one-story building and construction of the new two-story addition will occur concurrently. Infrastructure such as water, electrical and sewer lines will utilize the existing underground lines as much as possible. No overhead lines will be used. Included in the proposed S-P-1 District regulations, the applicant is requesting the following: 1. Maximum building height of forty (40) feet to accommodate the construction of a clock tower feature. • The underlying requested zoning district of "C-2" allows for a maximum of two and one-half stories (2'/2) or thirty-five (35) feet. 2. Horizontal articulation does not meet Corridor Overlay standards — The building fagade proposed will have an offset of 15% of the wall's height and continue for a minimum distance equal to at least 20% of the maximum length of either adjacent plane. • The standard per Ordinance states 15% of the wall's height and continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. 3. The parking ratio proposed shall be calculated at one (1) per 100 square feet for restaurant, cafeteria or cafe use (regardless of seating). Receiving credit for two (2) parking spaces removed pursuant to Planning and Zoning Commission recommendation (parking required equals code requirement minus two Case No. ZA13-075 spaces). • The parking requirement per Ordinance states one (1) space per each three (3) seats under maximum seating arrangement, or one (1) space per each 100 square feet of floor area, whichever is greater. 4. The southeast bufferyard proposes a width of 5' along the southeast side of the property at the existing stub out area. • The Ordinance requires a 10' width for Bufferyard type B. Variance to Driveway Ordinance No. 634: • The proposed site plan shows an existing driveway stacking depth of thirty (30) feet which was compliant with the existing number of parking spaces. o The increase of parking spaces proposed with this development increases the stacking depth requirement to fifty (50) feet. ACTION NEEDED: 1. Conduct public hearing 2. Consider 2nd reading approval for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN Report dated June 24, 2013 (E) Site Plan Review Summary No. 4, dated September 18, 2013 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-647 STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA13-075 OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: BACKGROUND INFORMATION James & Jason Halek The Mody Group, LTD 111 S. Village Center Drive Lot 2, Block 1, Gumm Scifres Addition Office Commercial "0-1" Office District "S-P-1" Detailed Site Plan District -A zoning change and concept plan for "0-1" Office District zoning for Gumm Professional Offices was approved for a portion of Lot 2 (the subject lot) and the two adjacent Tracts to the south April 17, 2001 (Lots 3 & 4) (ZA00-126). -A site plan for Bank One was approved for Lot 2 (the subject lot) September 4, 2001 (ZA01-068). -A sign variance for Modia Home Theatre Store was approved by City Council April 16, 2013 (SV13-005) Currently, Lots 3 & 4 to the south remain undeveloped Master Thoroughfare Plan The Master Thoroughfare Plan designates East Southlake Blvd. as a 130' Case No. Attachment A ZA13-075 Page 1 Regional Boulevard, F.M. 1709. And, South Village Center Drive as a 2- lane undivided 60' collector street that is planned for future extension south, then east along the southern border of Gateway Church property and continue east all the way to Nolen Drive. Existing Area Road Network and Conditions There is one existing 24' common access easement within this development that accesses the Gateway Church property to the east. There are also two existing stub -outs for future connection with the adjacent property on the southern boundary. The site plan proposed, however, eliminates the stub -out on the southwest boundary. * Based on the 2013 City of Sonthlake Traffic Count Report Traffic Impact Specialty Retail (814) 13,010 1 577 1 43 1 46 1 37 1 28 * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7"' Edition PATHWAYS MASTER PLAN: The Pathways Master Plan and Sidewalk Plan show a planned on -street bikeway and a completed 8' trail on both sides of E. Southlake Blvd. The Master Plans also indicate a future sidewalk along the west side of S. Village Center Drive. The proposed site plan shows a 5' sidewalk along the western boundary / east side of S. Village Center Drive. WATER & SEWER: An 8-inch water line connection is currently in place along the west side of S. Village Center Drive to serve the property. Sanitary sewer connection is currently in place with an existing 8-inch line along the east side of S. Village Center Drive. TREE PRESERVATION: The applicant is proposing to preserve an existing large tree in the interior landscape area in the south portion of the development, and a lot of the existing landscape trees. SOUTHLAKE 2030 PLAN: The Land Use Designation in the Southlake 2030 Plan is Office Commercial. The proposed zoning change is not consistent with existing LUD and a Comprehensive Plan Amendment application for Retail Commercial LUD has been submitted. CITIZEN INPUT: A SPIN meeting was held June 24, 2013. The SPIN summary is attached as Attachment `D' of this report. Case No. Attachment A ZA13-075 Page 2 PLANNING AND ZONING COMMISSION ACTION: September 19, 2013; Approved (5-0) subject to the Site Plan Review Summary No. 4, dated September 18, 2013 and the staff report dated September 18, 2013. Approving the S-P-1 regulations as presented to include each of the variances as listed. And, noting the applicant's willingness to: • Consider prior to the City Council meeting, incorporating pedestrian access to the property to the east. • To remove two (2) parking spaces on the southwest corner of the parking lot immediately adjacent to Village Center Drive. • To relocate the ladder or consider permitting roof access from inside the tower. • To come to City Council with an alternate south elevation which would incorporate additional brick and/or other architectural features which would break up the stucco. CITY COUNCIL ACTION: October 1, 2013; Approved 1st reading (7-0) subject to Site Plan Review Summary No. 4, dated September 18, 2013; approving variance to Driveway Ordinance for stacking depth (30 feet) and noting the permitted uses will not include a frozen food locker. STAFF COMMENTS: Site Plan Review Summary No. 4, dated September 18, 2013 is attached. The property is currently developed. The zoning change and site plan proposes the removal of the existing bank canopy and drive -through lanes to accommodate the construction of a two-story addition to the existing one-story building and increases the number of existing parking spaces from forty (40) to eighty-eight (88). Case No. Attachment A ZA13-075 Page 3 Vicinity Map 111 S. Village Center Drive 0 2110 W 2120 1600 1700 1 1 2100 121201 2130 EAST SOUTHLAKE BLVD 1695 1723 1901 2121 o T 3 -4 1721 N i NO _ W w 1725 a H Z U ❑Wo r Z O W Q N N o J Ul 0 2140 2171 K E ZA13-075 and CP13-002 Zoning Change and Site Plan Land Use Plan Amendment 0 305 610 1,220 Feet Case No. Attachment B ZA13-075 Page 1 "S-P-1" Detailed Site Plan District for Mody Southlake 1 This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C-2 Retail Commercial District' uses and regulations with the following exceptions: Permitted Uses The permitted uses allowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Bicycle sales and bicycle repair shops 2. Blueprinting or photostating 3. Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc. 4. Cleaning, dying and pressing works; laundry and Laundromats, provided that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses 5. Day nurseries 6. Dog and cat hospitals or small animal hospitals if conducted wholly within a completely enclosed sound -proofed and air-conditioned building, providing that noise or odors created by activities within the building shall not be perceptive beyond the property line; that no long term boarding of animals is permitted except where related to medical treatment; and that no animals are kept outside the building at any time 7. Duplicating service, printing, lithographing, mimeographing, multi -graphing and offset printing, providing that that the floor area does not exceed two thousand (2,000) square feet 8. Grocery stores and meat markets without size limitations; however, specialty grocers and "meals to go" type uses to up two thousand five hundred (2,500) square feet shall be permitted 9. Sporting goods stores specializing in gun sales and repair only 10. Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself 11. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping Development Regulations: The development regulations allowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Height: • As stated in Section 18.5 of the 0-1 Office District Zoning Ordinance: Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. • Requested Variance - We are requesting that the height of the proposed development be limited as follows: Height: No building or structure shall exceed two and one-half (2-1 /2) stories, nor shall it exceed forty (40) feet. Case No. Attachment C ZA13-075 Page 1 2. Parking Ratio: As stated in Section 35.6(8)(a), Number of Off -Street Parking Spaces Required: Restaurant, Cafeteria or Cafe: 1 space per each 3 seats under maximum seating arrangement, or 1 space per each 100 square feet of floor area, whichever is greater. Requested Variance — We are requesting the following parking ratio in accordance with the proposed development and the operations therein to be based solely on square footage and not seat count within the restaurant: Parking ratios shall be calculated at one (1) per 100 square feet for restaurant, cafeteria or cafe use. Also the Applicant receives credit for two (2) parking spaces removed pursuant to Planning and Zoning Commission commentary (parking required equals code requirement minus two spaces). Variance to Section 43.9d — Overlay Zones: 1. Horizontal Articulation: As stated in Sections 43.9(c)(1)(d)(ii), 43.13(4)(i), 43.19(d)(1)(c)(i) of the Overlay Zones Ordinance: Horizontal Articulation: No building facade shall extend greater than three (3) times the wall's height without having a minimum off -set of 15% of the wall's height, and such offset shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. • Requested Variance — We are requesting a variance regarding the minimum distance of the offset of the building fagade, specifically: No building facade shall extend greater than three (3) times the wall's height without having a minimum off- set of 15% of the wall's height, and such offset shall continue for a minimum distance equal to at least 20% of the maximum length of either adjacent plane. Variance to Driveway Ordinance 634: Stacking Distance for Driveway on S. Village Drive: As stated in Driveway Ordinance 634: As shown on Table 2 in Section 5.2(d) of the Driveway Ordinance 634, there is a required 50' stacking depth for the total number of parking spaces. Requested Variance: Reduce the 50' stacking to 30' as it is currently existing and as shown on the proposed site plan. Existing parking is forty (40) spaces and we are proposing to add parking to a total of eighty-eight (88) spaces. Variance to Section 42.4(f) Buffervards of Zoning Ordinance: Southeast Bufferyard: As stated in Section 42.4(f) Buffervards: of the Bufferyards Section of the Zoning for Bufferyard type B. As shown in the Table in Section 42.4(f) Ordinance, there is a required 10' width Requested Variance: Reduce the 10' width to 5' along the southeast side of the property at the stub out area as it is currently existing and as shown on the proposed site plan. Case No. Attachment C ZA13-075 Page 2 Project Narrative '1ADDY II I S. Village Drive— Item No. 3 of Site Plan Review Summary The proposed project will be a two-story, 8,800 square foot addition on to the ,;xisting one-story, 4.100 square foot bank building on the site now. The exterior fagadc materials for the bank building and the entire Southlake Boulevard facing, north fagadc will be modified completely. The existing parking area will be expanded to service the new functions, but will utilize the existing grading of the site. The proposed uses for the new addition encompassing the area where the bank canopy and drive -through lanes currently stand will consist of some high -end retail shops on the lower level and a possible upscale restaurant on the upper level. The existing one- story, 4,100 square foot bank building will be entirely utilized for the Modia store, which has been relocated from further down Southlake Boulevard. Operations for these functions will be handled during retail business hours, except for the restaurant which may have extended hours in the evenings. There will be no phasing of the proposed project. Renovation of the bank building and construction of the new addition will occur concurrently. Infrastructure such as water, electrical and sewer lines will utilize the existing underground lines at the project site as much as possible. No overhead lines will be used. P". �. The Mody Group. Lid 6" Horn-ood Drw. Hws$on Tx 77074 Plane: / 13 7726200 Fox: 713.772,0500 I wwwmodyspace.com Case No. Attachment C ZA13-075 Page 3 SITE PLAN (Post P&Z) OF���:�o �6� H•3 �'"Qcm� zz mq�awnw -ac 3 2 o5:oss$o - �SA � m� 3 0oa > �� soA�o 1t Oz - u (i���c�i�c� 0 A `� 41� i W S`�rmy' O 4 Q ('b'd IT 2zzi 4 K� 00� fS j v Ir 1 = §o zp ovG zm zz F 0ho11-C> Hb�o^� 2 G— o zM y ?'"g( �ii� �m M [� ca ca Case No. Attachment C ZA13-066 Page 4 Elevations (Post P&Z) 8:i _ t C to �m Case No. Attachment C ZA13-075 Page 5 0SOUTHLAK-E SPIN MEETING REPORT CASE NO. NIA — pending formal application PROJECT NAME: 111 South Village Center Drive SPIN DISTRICT: SPIN #8 MEETING DATE: June 24, 2013; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3C — 3D TOTAL ATTENDANCE: Ten (10) • SPIN REPRESENTATIVE(S) PRESENT: Matt Schirle (#8) • APPLICANT(S) PRESENTING: Warren Johnson, Johnson Design Group; et al four (3) In STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher: (817)748-8069 or Ifletcher(&ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 111 South Village Center Drive. Development Details • New location for Modia Home Theatre Store • Current zoning is 0-1 Office District; proposed zoning is S-P-1 Detailed Site Plan District • Previous location for bank with drive through station • Existing drive through to be demolished and two-story retail building plus clock tower proposed for construction. Existing building to be re -clad. • Proposed development: retail approximately 8067 square feet; restaurant approximately 4500 square feet. Case No. Attachment D ZA13-075 Page 1 Exhibits Case No. Attachment D ZA13-066 Page 2 �W QUESTIONS ICONCERNS • Is the only entrance from Village Center Drive? o No, you can access the property from Gateway. • What type of retailers? o We don't really know yet but anticipate coffee shops, fine dining, yogurt/ice cream • Nail salon? o No • How many suites will this have? o There will be two suites on the bottom and one on top plus the Modia store. • 1 like the clock tower 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 ZA13-075 Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZA13-075 Review No.: Four Date of Review: 09/18/13 Project Name: Zoning Change and Site Plan — Mody Southlake 1 APPLICANT: The Mody Group, LTD ARCHITECT: Gary DeVleer Prashant Mody Hodges 6808 Hornwood Houston, TX 77074 Phone: 281-808-1846 Phone: 972-387-1000 Email: mihir@modia.com Email: garyd@hodgesusa.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/03/13 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 LORRIE FLETCHER AT (817) 748-8069 (Ifletcher@ci.southlake.tx.us) or DENNIS KILLOUGH AT (817) 748-8072. Variances have been requested as part of the proposed S-P-1 zoning regulations for the following: • Maximum building height of forty (40) feet to accommodate the construction of a clock tower feature. o The underlying requested zoning district of "C-2" allows for a maximum of two and one- half stories (2 '/2) or thirty-five (35) feet. • Horizontal articulation does not meet Corridor Overlay standards — The building fagade proposed will have an offset of 15% of the wall's height and continue for a minimum distance equal to at least 20% of the maximum length of either adjacent plane. o The standard per Ordinance states 15% of the wall's height and continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. • The parking ratio proposed is one (1) space per 100 square feet for restaurant, cafeteria or cafe use. o The parking requirement per Ordinance states one (1) space per each three (3) seats under maximum seating arrangement, or one (1) space per each 100 square feet of floor area, whichever is greater. • The southeast bufferyard proposes a width of 5' along the southeast side of the property at the stub out area as it is currently existing. o The Ordinance requires a 10' width for Bufferyard type B. 2. Variance to Driveway Ordinance No. 634: Case No. ZA13-075 The proposed site plan shows an existing driveway stacking depth of thirty (30) feet which was compliant with the existing number of parking spaces. o The increase of parking spaces proposed with this development increases the stacking depth requirement to fifty (50) feet. Attachment E Page 1 Engineering Department Review Case No. ZA13-075 Review No. One Dated: August 22, 2013 Number of Pages: 1 Project Name: Mody Southlake 1 (Zoning Change — Site Plan) - Resubmittal Contact: Steve Anderson. Civil Enaineer Phone: (817) 748-8101 Fax: (817) 748-8077 The following comments are based on the review of plans received on August 12, 2013 . 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. --------------------------------------------------------------------------- --------------------------------------------------------------------------- GENERAL COMMENTS: 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. Indicate whether storm lines will be Public or Private WATER COMMENTS: 1. The City of Southlake only allows 1", 2", 4" and 6" meters. Please ensure, prior to submitting engineering plans that a 2" meter is what is desired. The impact fees for a 2" meter over a 1" meter is about $12,000 more. INFORMATIONAL COMMENTS: 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. 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. Case No. Attachment E ZA13-075 Page 2 Landscape Administrator Review Case No. ZA13-075 Review No. Two Dated: August 22, 2013 Number of Pages: 1 Project Name: Mody Southlake 1 (Zoning Change — Site Plan Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 748-8077 The following comments are based on the review of plans received on August 12, 2013 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. --------------------------------------------------------------------------- --------------------------------------------------------------------------- TREE CONSERVATION COMMENTS: The applicant is proposing to preserve an existing large tree in the interior landscape area in the south portion of the development, and a lot of the existing landscape trees. LANDSCAPE AND BUFFERYADS COMMENTS: The Dwarf Wax Myrtles (EDWM) are not provided for in the Plant List. 2. Please ensure that all shrubs are placed in beds separated from lawn areas. The applicant has requested a variance to the parking lot landscape requirements in relation to the required width of the parking lot islands. The existing and new parking facilities must comply with the parking lot landscape requirements within the Landscape Ordinance 544-B. Based on the percentage of parking located between the building facade and the right-of-way twenty (20) square feet of landscape area per parking stall shall be provided. Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. Planter islands shall have a minimum width of 12' back-to-back if curbed or 13' edge -to -edge if no curb is intended, and shall be equal to the length of the parking stall. Case No. Attachment E ZA13-075 Page 3 Fire Department Review Case No. ZA13-075 Review No. 2 Dated: 08-21-2013 Number of Pages: 2 Project Name: Mody Southlake I Contact: Kelly Clements, Assistant Fire Marshal Phone: 817-748-8233 Fax: 817-748-8181 The following comments are based on the review of plans received on 08-20-2013. Comments may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. --------------------------------------------------------------------------- --------------------------------------------------------------------------- GENERAL COMMENTS: A Knox Box Rapid Key entry system shall be installed on the building near access to the riser room. Keys must be provided to access all areas of the building. The Knox Box can be ordered on the Internet at www.knoxbox.com. Automatic fire sprinkler system will be required for buildings over 6,000 square feet, with system extended into the attic if comprised of combustible construction. New construction building must be separated from existing structure on current lot by a minimum of 5 feet; or existing structure will be required to be fully sprinkled also. (per 2009 I.F.C. Sec. 903.2.11.9 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5'X5' if the double check is not located on the riser, or a minimum of 6'X6' if it is on the riser. Fire department sprinkler connections, FDC, are to be a five inch Storz connection with a 30 degree down elbow and a Knox locking cap. Fire Department Connections for sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of an approved fire lane access. (Add fire hydrant or provide remote FDC) Portable fire extinguishers are to be a minimum 5 pound, ABC Multipurpose, in sufficient quantities to meet the 75-foot travel distance rule. HVAC units over 2000 cubic feet per minute shall have a duct smoke detector mounted on the return side of the unit, that when activated, shall send an alarm condition to the building fire alarm panel and shut the unit down. HVAC units over 15000 cubic feet per minute shall also have a duct detector mounted on the supply side of the unit that functions as the detector does on the return side. If the units are located above ceiling tile, remote reset switches must be installed below the duct detector location. A fire alarm must be provided and in compliance with NFPA 72 and the 2009 IFC, in the restaurant and retail area. Case No. Attachment E ZA13-075 Page 4 Install emergency egress lighting with battery back-up when the area served is required to have at least two exits. Provide illuminated exit lighting with battery back-up above all required exit doors and pathways as required to easily locate exits. Install panic hardware on all required emergency exit doors. Provide signage for all electrical rooms. New buildings shall have approved address numbers placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. A commercial hood suppression system must be installed and approved in all areas that produce grease laden vapors, and a class K extinguisher must also be provided in this area. Post occupant loads for the restaurant areas. Case No. Attachment E ZA13-075 Page 5 Informational Comments: 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 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. 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non -Residential Buildings. 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 ZA13-075 Page 6 SURROUNDING PROPERTY OWNERS FT 9 6 8 7 L3 10 1 2 4 11 SPO Owner Zoning Land Use Acreage Response 1. Gateway Church CS Office Commercial, Low Density 13.59 NR Residential 2. Mullins & White Prop Inc 01 Office Commercial, Low Density 1.32 NR Residential 3. Halek, Jason A & James M 01 Office Commercial 1.47 NR 4 Mullins & White Properties 01 0.74 NR Inc Office Commercial 5. Mullins & White Properties 01 Office Commercial 0.76 NR Southlake Food Mart Lp/7- 6 Eleve C3 Town Center 0.94 NR 7. Wendys International Inc C3 Town Center 0.79 NR 8. Eclyinvest Owner II Ltd Up C3 Regional Retail, Town Center 13.15 NR 9. Jpmorgan Chase Bank C3 Town Center 2.12 NR 10. Bootstrap Investments Inc C1 Office Commercial 2.16 NR 11. Landrum Holdings Llc 01 Office Commercial, Low Density 0.97 NR Residential Responses Case No. ZA13-075 F: In Favor O: Opposed To U: Undecided NR: No Response Attachment F Page 1 Notices Sent: Responses Received: SURROUNDING PROPERTY OWNER RESPONSES Eleven (11) One (1) — Attached Case No. Attachment F ZA13-075 Page 2 SEP-09-2013 14:45 Notification Response Form ZA13-075 Meeting Date: September 19, 2013 at 6:30 PM Halek, Jason A & James M 11350 Cleveland Gibbs Rd Roanoke Tx, 76262 16563 1 2 P.01/01 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 move, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: Signature: Date: R-R- 11, Additional Signature; ©ate: Printed Name(s): V�px Must be property owner(s) whose name(s) are printed at top. otherwise coniact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA13-066 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-647 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, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.473 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE 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 "0-1" Office District under the City's Comprehensive Zoning Ordinance; and, 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 and 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 Page 2 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: Page 3 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 filed as Instrument # D208302522, Plat Records, Tarrant County, Texas, being approximately 1.473 acres, and more fully and completely described in Exhibit "A" from "0-1" Office 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 conditions: 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 Page 4 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. 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 Page 5 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 in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it 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 1st day of October, 2013. MAYOR ATTEST: CITY SECRETARY Page 6 PASSED AND APPROVED on the 2►,d reading the day of October, 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Page 7 "S-P-1" REGULATIONS AS APPROVED WITH ORD. NO 480-647 "S-P-1" Detailed Site Plan District for Mody Southlake 1 This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C-2 Retail Commercial District' uses and regulations with the following exceptions: Permitted Uses The permitted uses allowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Bicycle sales and bicycle repair shops 2. Blueprinting or photostating 3. Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc. 4. Cleaning, dying and pressing works; laundry and Laundromats, provided that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses 5. Day nurseries 6. Dog and cat hospitals or small animal hospitals if conducted wholly within a completely enclosed sound -proofed and air-conditioned building, providing that noise or odors created by activities within the building shall not be perceptive beyond the property line; that no long term boarding of animals is permitted except where related to medical treatment; and that no animals are kept outside the building at any time 7. Duplicating service, printing, lithographing, mimeographing, multi -graphing and offset printing, providing that that the floor area does not exceed two thousand (2,000) square feet 8. Grocery stores and meat markets without size limitations; however, specialty grocers and "meals to go" type uses to up two thousand five hundred (2,500) square feet shall be permitted 9. Sporting goods stores specializing in gun sales and repair only 10. Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself 11. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping Development Regulations: The development regulations allowed pursuant to the C-2 Retail Commercial District zoning requirements shall be permissible at the site with the following exceptions: 1. Height: • As stated in Section 18.5 of the 0-1 Office District Zoning Ordinance: Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. Page 10 • Requested Variance - We are requesting that the height of the proposed development be limited as follows: Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed forty (40) feet. 2. Parking Ratio: As stated in Section 35.6(8)(a), Number of Off -Street Parking Spaces Required: Restaurant, Cafeteria or Cafe: 1 space per each 3 seats under maximum seating arrangement, or 1 space per each 100 square feet of floor area, whichever is greater. Requested Variance — We are requesting the following parking ratio in accordance with the proposed development and the operations therein to be based solely on square footage and not seat count within the restaurant: Parking ratios shall be calculated at one (1) per 100 square feet for restaurant, cafeteria or cafe use. Also the Applicant receives credit for two (2) parking spaces removed pursuant to Planning and Zoning Commission commentary (parking required equals code requirement minus two spaces). Variance to Section 43.9d — Overlay Zones: Horizontal Articulation: • As stated in Sections 43.9(c)(1)(d)(ii), 43.13(4)(i), 43.19(d)(1)(c)(i) of the Overlay Zones Ordinance: Horizontal Articulation: No building facade shall extend greater than three (3) times the wall's height without having a minimum off -set of 15% of the wall's height, and such offset shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. • Requested Variance — We are requesting a variance regarding the minimum distance of the offset of the building facade, specifically: No building facade shall extend greater than three (3) times the wall's height without having a minimum off- set of 15% of the wall's height, and such offset shall continue for a minimum distance equal to at least 20% of the maximum length of either adjacent plane. Variance to Driveway Ordinance 634: Stacking Distance for Driveway on S. Village Drive: As stated in Driveway Ordinance 634: As shown on Table 2 in Section 5.2(d) of the Driveway Ordinance 634, there is a required 50' stacking depth for the total number of parking spaces. Requested Variance: Reduce the 50' stacking to 30' as it is currently existing and as shown on the proposed site plan. Existing parking is forty (40) spaces and we are proposing to add parking to a total of eighty-eight (88) spaces. Variance to Section 42.4(f) Buffervards of Zoning Ordinance: Southeast Bufferyard: Page 10 • As stated in Section 42.4(f) Buffervards: As shown in the Table in Section 42.4(f) of the Bufferyards Section of the Zoning Ordinance, there is a required 10' width for Bufferyard type B. • Requested Variance: Reduce the 10' width to 5' along the southeast side of the property at the stub out area as it is currently existing and as shown on the proposed site plan. Page 10 ■►A ODY 111 S. Village Drive —Item No. 3 of Site Plan Review Summary The proposed project will be a two-story, 8,800 square foot addition on to the existing one-story, 4,100 square foot bank building on the site now. The exterior fagade materials for the bank building and the entire Southlake Boulevard facing, north fagade will be modified completely. The existing parking area will be expanded to service the new functions, but will utilize the existing grading of the site. The proposed uses for the new addition encompassing the area where the bank canopy and drive -through lanes currently stand will consist of some high -end retail shops on the lower level and a possible upscale restaurant on the upper level. The existing one- story, 4,100 square foot bank building will he entirely utilized for the Modia store, which has been relocated from further down 5outhlake Boulevard. Operations for these functions will be handled during retail business hours, except for the restaurant which may have extended hours in the evenings. There will be no phasing of the proposed project. Renovation of the bank building and construction of the new addition will occur concurrently. Infrastructure such as water, electrical and sewer lines will utilize the existing underground lines at the project site as much as possible. No overhead lines will be used. IM"'0!,Y 1ha Mody Gmw. lid. 6808 Hanwood Driw. H&Aion iX 7A94 MkWic / 13.772.6700 F. 713.772.0500 1 www_mody5pace.com Page 11 Site Plan gjyy &�97po8mgo H�o .. a qq > O"000 D zzzz zmzzz p � �m MUMS Q8y � �-� mH��� O ��TZ z � yoj+ w pp �y "Jcs���e�pg�g�io>�an8o .>. S�� LSO •' L� m a� �o�S-��i&° oDA�,°mi°tezSn�°n mpEa 7iSS Dv n � 4 m �^ s OV a2t rC A Q� s A a m S s s► •��3 ��b �m �Q3 t�� O Ic C Page 12 ELEVATIONS ! — % \ .{ m \ B § § - -1'6 ; r, k § mi,aM 1-1 .\ / A \ § %k|§ Page 13