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Item 6BCITY OF SOUTHLAI<,-E Department of Planning & Development Services STAFF REPORT December 11, 2013 CASE NO: ZA13-100 PROJECT: Zoning Change and Site Plan for Southlake Plaza II EXECUTIVE SUMMARY: The Richmond Group is requesting approval of a Zoning Change and Site Plan for Southlake Plaza II from `B-1' Business Service Park District, `AG' Agriculture District and `CS' Community Service District to `S-P-1' Detailed Site Plan District with `C-3' General Commercial District uses for the development of a Retail/Restaurant shopping center on approximately 14.8 acres on property described as Lots 1A1, 2A and 3A, Block B, Southlake Business Park, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1 B and 1 B1, John A. Freeman Survey, Abstract No. 529, Southlake Texas and located at 2191, 2201, 2211 and 2221 E. Southlake Boulevard and 280 S. Kimball Avenue, Southlake, Texas. SPIN Neighborhood # 8. DETAILS: The Richmond Group is requesting approval of a Zoning Change and Site Plan for Southlake Plaza II from `B-1' Business Service Park District, `AG' Agriculture District and `CS' Community Service District to `S-P-1' Detailed Site Plan District with `C-3' General Commercial District uses as noted in the applicants' narrative under Attachment `C' of this staff report. The development consists of a mix of Retail and Restaurant uses in six (6) individual buildings totaling approximately 123,800 square feet. This development is related to and being processed concurrently with a Preliminary Plat request and Comprehensive Land Use Plan Amendment under Planning Cases ZA13-101 and CP13-006 respectively. Variance Driveway Stacking Depth -The Driveway Ordinance No. 634 requires the applicant to provide a minimum 150 feet of driveway stacking depth on the two southern drives labeled Drive `D' and `E'. The applicant has requested to reduce the stacking depth on Drive `D' to 25 feet and Drive `E' feet to 46 feet. The City Council at 1s' Reading included several items in their motion for the applicant to address by 2nd Reading in addition to other items discussed during the meeting. The following table on the next page is a list of items City Council requested the applicant to look further into and address: Case No. ZA13-100 Topic Applicant's Response The sidewalks will be a combination of stained Provide examples of types of concrete, textures, and patterns. Textures will be pedestrian walkways a sandblast and stain patterns on the sidewalk and stained patterns in the vehicle traffic areas. Rendering or aesthetic Additional views and refine of the design will be improvements to the northeast added to the submittal to better convey the corner of the site design. It has also been adjusted due to the additional ROW requirements. Deceleration lanes along S. Plans have been updated based on ROW and Kimball Avenue into the site and right turn lanes on Kimball Avenue. S. Village Center Drive Living walls will be maintained and the support Living wall maintenance and stainless steel grid is an irrigated system that will type insure the walls success. The plant material will be the cross vine which is known for this type of application. Fencing concepts have been added to the Include fence/gate material in amenity package note that these will be only the amenity package. placed on an as needed bases for tenants which may desire an outdoor space and limited to those areas reflected on the site plan. Color of Umbrellas and Awnings Awning and umbrellas will be earth tones no (provide palette of colors and bright colors will be allowed. material type). All parking light fixtures will be similar to those Parking Lot lighting used in the Southlake Town Center and will be High Pressure Sodium. The retaining walls which are detached from the Retaining walls on site building will be of the same material as used at the Central Market Center. This photo has now been included in the site amenity package. Show detailed landscape Detailed landscape plans have been provided materials 10 benches, 10 trash receptacles, 20 landscape Quantity of amenity features pots, 4 Bike racks. These will be added to the development regulations Aesthetic Improvements to Faux windows and awnings have been added to Building `G' at the corner of FM the east side of building G closes to the 1709 and Kimball Avenue. intersection. Warehouse shall not be a This will be added to the development standards permitted use in this as a prohibited use. development Have met with staff and a variable width ROW R.O.W. dedication for has been reflected on the plans for future improvements at the intersection adjustments to the 1709 and Kimball intersection. of Kimball Avenue and FM 1709. This starts at 17' and tapers to the existing ROW on Kimball. (See Plat) Turn lane for north bound traffic Center turn lane on S. Village Center Dr has from S. Village Center Drive onto been added to the plans. Kimball Avenue ACTION NEEDED: 1) Conduct Public Hearing 2) Consider 2nd Reading Zoning Change & Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map Case No. ZA13-100 (C) Plans and Support Information — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 2, dated October 10, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-650 (G) Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA13-100 BACKGROUND INFORMATION OWNER: Southlake Plaza II, LP, Church of Christ Our King, and Robert W. and Pamela S. Gourley Teeter APPLICANT: Richmond Group PROPERTY SITUATION: 2191 2201, 2211 and 2221 East Southlake Blvd. and 280 South Kimball Ave. LEGAL DESCRIPTION: Lots 1A1, 2A and 3A, Block B, Southlake Business Park and Tracts 1 B and 1131, John A. Freeman Survey, Abstract No. 529 LAND USE CATEGORY: Retail Commercial & Office Commercial PROPOSED LAND USE CURRENT ZONING: HISTORY: REQUESTED ZONING CITIZEN INPUT SOUTHLAKE 2030: Case No. ZA13-100 Retail Commercial "CS" Community Service District, "B-1" Business Service District and "AG" Agriculture District October 20, 1981, City Council approve the final plat for Lots 1, 2 and 3, Block B, Southlake Business Park October 18, 1983 City Council approved a replat of the Southlake Business Park, Lot 1, Block C "S-P-1" Detailed Site Plan District with "C-3" General Commercial District Uses A SPIN meeting is scheduled for October 14, 2013 for SPIN #8 Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates these properties as Retail Commercial and Office Commercial. The developer is requesting a Land Use Plan Amendment to change the southern portion of the site from Office Commercial to Retail Commercial for uses of the entire property as Retail Commercial. The development as proposed I \ ' appears to be consistent with the intent of the Retail Commercial land use designation at this location. Master Thoroughfare Plan The Master Thoroughfare Plan recommends South Village Center Drive to be a C2U, 60-foot, 2-lane undivided roadway. The applicant has indicated that this segment of S. Village Center Drive will be constructed with this development. Attachment A Page 1 Pathways Master Plan The Pathways Master Plan recommends an 8-foot sidewalk along E. Southlake Boulevard and South Village Center Drive. Both sidewalks will be constructed with this development. There is an existing sidewalk along the frontage of S. Kimball Avenue which will remain. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed overall development will have access onto E. Southlake Boulevard and S. Kimball Avenue. The development will have four (4) access drives, one (1) through a common access easement onto East Southlake Blvd., two (2) onto S. Village Center Drive on the south, and one (1) onto S. Kimball Avenue on the east. BoulevardEast Southlake Carroll Avenue and Kimball(between 24hr East Bound (22,294) West Bound (21,431) AM Peak AM (2,203) 7:45 AM—8:45AM Peak AM (1,425)11:45 AM- 12:45 PM PM Peak PM (1,556) 12:00 — 3:00 PM Peak PM (2,099) 5:00 — 7:00 PM KimballS. (between E. Southlake Boulevard aCrooked Lane) 24hr North Bound (5,720) South Bound (4,145) AM Peak AM (479) 7:45 — 8:45 AM Peak AM (342) 7:15 — 8:15 AM PM Peak PM (585) 3:45 — 4:45 PM Peak PM (449) 4:30 — 5:30 PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Shopping Center (820) 98,700 4,251 61 39 48 51 High -Turnover (Sit Down) 25,000 3,179 176 162 259 212 Restaurant (932) * 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 TREE PRESERVATION: There is approximately 10% tree coverage on this site. The applicant is proposing to preserve 36% tree coverage on the site. The "S-P-1" zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council's approval. UTILITIES: Water The site has access to an existing 12-inch water line along S. Kimball Avenue and an existing 12-inch water line along E. Southlake Boulevard. There is an 8-inch water line also located along the west boundary within a common access easement adjacent to the Kimball Crossing development. Sewer The site has access to an existing 12-inch sewer line along N. Kimball Avenue and an 8-inch sewer line along S. Village Center Drive. Case No. Attachment A ZA13-100 Page 2 PLANNING & ZONING COMMISSION ACTION: October 17, 2013; Tabled (5-0) to the next regularly scheduled Planning & Zoning Commission meeting scheduled on November 7, 2013. November 7, 2013; Approved (5-0) subject to Site Plan Review Summary No. 2, dated October 11, 2013 and Staff report dated November 1, 2013 also approving the both options for the driveway along the western boundary and granting the requested variance to driveway stacking depth. CITY COUNCIL ACTION: December 3, 2013; Approved (6-0) in accordance with staff report dated November 25, 2013 to include the alternate shared drive through the properties of Strode and Greenway. Granting the variance for the stacking depth of driveway D and E, to include an amenities package the number of PODs, trashcans, etc. and the type of gate for the patio dining area and the type of color for the awnings, umbrellas etc. To maintain the living wall, and to include in the sidewalks a detail of the color rendition of the type of the material for the masonry sidewalks, to shore up the retaining wall material as stone. To show a conceptual plan feature for the southeast corner of Kimball and 1709. No warehousing uses permitted. And to discuss with staff between now and the 2nd reading the right way and the corner landscaping and bring back the lighting for the parking lot and identify plants on the landscape plan, include the faux window on the east side of building G. To show Driveway C, the deceleration lane on the site plan. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated October 11, 2013 N:ICommunity DevelopmentlMEMO12013 Cases000 - ZCP — Southlake Plaza 1AStaff Report Case No. Attachment A ZA13-100 Page 3 Vicinity Map Southlake Plaza II 0 Z413-1 oo and ZA13-101 "Zoning and Site Plan and Preliminary Plat 0 250 500 1.000 x Feet Case No. Attachment B ZA13-100 Page 1 Plans and Support Information Narrative for Zoning and SP-1 Detailed Site Plan Development/Redevelopment Plan for 14 AC of Land Southlake Plaza II SWC E Southlake Blvd. (FM 1709) & N Kimball Ave. Please accept this document as a request on behalf of the above referenced development. If accepted, this 13.9367 acre development will occupy the southwest corner intersection of Southlake Boulevard and Kimball Avenue. Southlake Plaza II proposes a 123,700 square foot retail and restaurant complex consisting of six (6) separate buildings. The requested zoning is S-P-1 with C-3 General Commercial District Uses as described in Section 22 of the City of Southlake Comprehensive Zoning Ordinance No. 480-UU. The project shall be constructed in one phase, including all buildings, landscape features, and the extension of Village Center Drive. The road construction will include reworking the left turn lane on Kimball Avenue and providing new access into George Dawson Middle School. Coordination with the Carroll ISD is ongoing, with the mutual goal of a achieving a road design that will serve the needs of this development, Carroll ISD and the City of Southlake. No new access points from Southlake Boulevard or Kimball Avenue are part of this development. However, an existing drive, too close to the aforementioned intersection, will be removed. The design and layout of Southlake Plaza II is controlled by the unusual conditions and challenges existing in its location and site topography. These challenges include over 50 feet of grade change between the two existing entry points at Kimball Avenue and Southlake Boulevard. Thus, the Site Plan redevelops these grades to improve the flow of traffic between these two points. The Site Plan also sets aside a large landscaped area along Kimball Avenue to buffer Southlake Plaza II from less intense developments to the east, as well as to preserve many of the aged trees, most of which are Oak. Further, the existing church site and retaining wall, currently located at the intersection of Kimball Avenue and Southlake Boulevard, will be removed. Southlake Plaza II's architecture can be defined as contemporary, strongly influenced by classic prairie architectural design. We believe this new center will distinctly highlight the intersection of Southlake Boulevard and Kimball Avenue. The development includes a street dedication and construction along the south property line adjoining George Dawson Middle School. A future connection with Village Center Drive is also planned. The design and layout of the plaza is in near compliance with the ordinances of the City of Southlake. The modifications are as follows: Item 1: Fagade articulation: Proposed Elevations are as shown on the Elevation Plan and partial Floor Plans submitted. The requirements set forth in the Overlay Zone ordinance of 43.9.c.1.d and 43.13.a.4 have been adhered to with the exception of a few areas have been adapted to compensate for the unusual grading. Landscaped Areas have been created which minimize the impact of these buildings to these areas. Page 1 of 2 Case No. ZA13-100 Attachment C Page 1 Item 2: Mechanical Equipment screening: Due to the relative high grades on the Kimball Avenue frontage, Landscaped Areas, using strategically placed evergreen plantings, are defined on the Plans. These areas shall adequately obscure and provide the required screening of rooftop mechanical equipment and other rooftop appurtenances as required by 43.9.c.1.c and 43.13.a.3. Item 3: Parking Requirement reduction: The number of parking spaces provided for this project is 632, which will provide a ratio of 1/200. Based on the development's proposed usage, this parking amount is adequate. Item 4: Pedestrian Connections: Pedestrian Connections have been placed throughout the site. Due to accessibility, the entrance drive off of Kimball Avenue was determined to be too steep and unsafe for pedestrian access and therefore omitted. Item 5: Loading Zones: Loading zones shall not be required for any single tenant of less than 10,000 square feet and restricted to between the hours of 6:00 a.m. to 10:00 a.m. and 7:00 p.m. to 10:00 p.m. For larger tenants, a 10 feet by 50 feet area shall be provided. Item 6: Outdoor dining: Outdoor dining shall be allowed for Buildings D,E,F,G, and H in the areas shown on the Site Plan. The total area for outdoor dining shall not exceed 3,000 square feet. Patio covers for those areas will be considered based on compatibility with the overall design of the center. Item 7: Landscaping: Landscaping within the parking area will include tree wells to be located as shown on the Site Plan. These tree wells will break up the larger fields of parking of 4'x4' to the back of the curb. Item 8: The overall development complies with the required setbacks and buffer yards on Southlake Boulevard (50720'), Kimball Avenue (30710'), and South Village Center Drive (30710'). The imperious coverage requirements of 75% have been met, as well as the lot coverage requirements. All exterior building materials fall within the guidelines of the overlay districts. The overall building heights are limited to less than 35 feet, excepting the larger tenants' (areas in excess of 12,000 square feet) entry elements which are limited to less than 40 feet. Storm water detention for this site has been provided offsite by agreement of land owners in the area; therefore, no requirement for onsite detention is shown. We believe this project is in keeping with the quality and standards of the City of Southlake. The project shall also improve the presentment of the current intersection by the removal of the large retaining wall and structures that currently occupy the site. Page 2 of 2 Case No. ZA13-100 Attachment C Page 2 •rl Proposed Site Plan WIN om3P16p, a <R zCO Hall? e� � � � a � 3� 5 ? " g Z g .�@ Y-�3a �OY�' 8 w 3��s� p1- 0i r Q `Rag SG=WlN — -p 3 z <� 5 �g ab mN �5 a 6 L1 a a fR< `�a`agg= t��& as a > ao 2 s zaJ ZY�3$€€9:9i' G €4l. i IM- HIENSO Ra If Case No. ZA13-100 a- SO 0;3 .zE f nerwr �n0 OOOO I sc•�i I Y art ' QQ U ..V9 � m 5 t Attachment C Page 3 Proposed Landscape Plan a 00 ! -7 }}7rt_T Case No. ZA13-100 w� 0 a�_ w 0 O w� w C�1. D Attachment C Page 4 Proposed Site Elements SOUTHLAKE PLAZA II FM 1709 & KIMBELL AVE BUILDING MATERIALS & SITE AMENITIES EXHIBIT Building Stone 1 Renaissance Masonry Units Color: Champagne Texture: Smooth Manufacturer: Arriscraft Building Stone 2 Renaissance Masonry Units Color: Montecito Texture: Smooth Manufacturer: Arriscraft Building Face Brick 1 Modular Brick Masonry Color: Golden Buff Texture: Velour Manufacturer: Endicott Case No. Attachment C ZA13-100 Page 5 M M Case No. ZA13-100 Building Face Brick 2 Modular Brick Masonry Color: Copper Canyon Texture: Velour Manufacturer: Endicott Building Face Brick 3 Modular Brick Masonry Color: Desert Iron Spot Texture: Velour Manufacturer: Endicott Metal Finishes Aluminum Storefront and Entrances Color: No. 28 Medium Bronze Manufacturer: Kawneer Prefinished metal assemblies to match storefront. Attachment C Page 6 Building Glazing Low-E Insulated Glass Units SOLARBAN 60 ATLANTICA + Clear 8% Visible Light Reflectance Manufacturer: PPG Industries, Inc. Fabric Awning 1 Color: Beige Clarity Manufacturer: Sunbrella. Fabric Awning 2 Color: Cocoa Manufacturer: Sunbrella. Fabric Awning 3 Color: Fern Manufacturer: Sunbrella. Case No. ZA13-100 Attachment C Page 7 - � 1 'tip•.. "A. `1 ] Fabric Awning 4 Color: Taupe Clarity Manufacturer: Sunbrella. Green Wall 5ystern. Stainless Steel Cable Trellis System Manufacturer: Seco South, Inc. Plant Material: Cross Vine. Decorative Paving Sandblasted Concrete Decorative Paving Stamped & Stained Concrete Case No. Attachment C ZA13-100 Page 8 Case No. ZA13-100 Fencing f Railing Design Concepts Stonewall with metal railing. Fencing f Railing Design Concepts ❑utdoor enclosure limited to areas indicated on site plan. Fencing/ Railing Design Concepts Outdoor enclosure limited to areas indicated on site plan. Fencing/ Railing Design Concepts Outdoor enclosure limited to areas indicated on site plan. Attachment C Page 9 Exterior Pergola Design Concepts Outdoor enclosure limited to areas indicated on site plan. Exterior Pergola Design Concepts Outdoor enclosure limited to areas indicated on site plan. Decorative Walkway Lighting. Pole Top Fixture. Color: Bronze. Manufacturer: BEGA-US Case No. Attachment C ZA13-100 Page 10 4 Case No. ZA13-100 Decorative Surface Lighting. Dual up and down wall -mounted fixture. Color: Bronze. in Manufacturer: BEGA-US Decorative Walkway Lighting. Bollard with shielded light source and louvers. Color: Bronze. Manufacturer: BEGA-US Site Furnishing. Backed bench with cast iron ends. CityView CV1-1010 Color: Bronze Manufacturer: SiteScapes, Inc. Site Furnishing. Backless bench with cast iron ends. CityView CV1-1110 Color: Bronze Manufacturer: SiteScapes, Inc. Attachment C Page 11 Site Furnishing. Top opening waste receptacle. CityView CV2-1000 Color: Bronze Manufacturer: SiteScapes, Inc. Site Furnishing. CityView Flair top planter. Color: Bronze Manufacturer: SiteScapes, Inc. Site Furnishing. Bike Post. BP4 — Bollard. Color: Bronze Manufacturer: SiteScapes, Inc. Case No. Attachment C ZA13-100 Page 12 Traffic Impact Assessment Summary DeShazo Group, Inc. September 23, 20I3 Summary of Results Intersection capacity analyses presented in this study were performed using the Synchro 8 software package. Table 2 provides a summary of the intersection operational conditions during the peak periods for the analysis conditions presented previously. Detailed software output is provided in Appendix C. The capacity analysis indicates that the Southlake Boulevard/Kimball Avenue intersection currently operates at LOS D, which is considered acceptable. However, the unsignalized Ethan Allen median opening/site access drive/Southlake Boulevard intersection currently operates at a poor level of service for the northbound, left -turn movement onto Southlake Boulevard, which is the result of heavy traffic on Southlake Boulevard. Table 2. Peak Hour Intersection Traffic Operations Analysis Summary Intersection Year Volumes ���� Year &4 Background Year 2014 Background +Site Generated Traffic Volumes AM FM — AM PM AM PM Southlake Boulevard at Kimball Avenue (signalized) C I D C i D D_ i D_ at Ethan Allen median opening EBL WBL B F B F B F_ E D E D _ E— _ E_ NBTL F F F F F +D F NBR C ' C C C E SBTL F I F F F F F SBR B E B E B F Kimball Avenue at Driveway C EBL EBTR NBL — — — — C F - — -- — — B D — — — — A A_ at George Dawson Middle School Drive EBL EBTR NBL F C F C —_ F C _ B B B A _ B B _ I B ; A C B B- I A Legend: A,B,C,D,E F = Level of service NB = Northbound intersection approach L - Left -turn movement SB = Southbound intersection approach T = Through movement WB = Westbound intersection approach R = Right-turnmovement EB = Eastbound intersection approach NOTE REGARDING LEVEL -OF -SERVICE FOR UNSIGNALIZED INTERSECTIONS: The HCM methodology for unsignalized intersections was originally designed to analyze low- to moderate -volume locations inhere the traffic is, generally, evenly distributed throughout the intersection (e.g., an intersection of two local streets). However, for unsignalized intersections located on maim thoroughfares (where traffic volume or roadway capacity is very high and/or vastly disproportionate), the methodology is deficient. Although LOS D or better is desirable, LOS F (calculated) commonly results and cannot be operationally mitigated unless a traffic signal is installed (subject to the findings of a Traffic Signal Warrant Analysis and subsequent approved of traffic signal installation by the responsible transportation agency). External factors such as gaps in the traffic sfreain created by nearby traffic signals are not sufficiently accounted for in the methodology but may, in fact provide better -than -calculated conditions. Since no alternative analysis methodology exists, the results directly obtained front the calculated values are presented herein. It is Retail Development on F.M. 1709 Tmffic Impact Analysis Page 14 Case No. Attachment C ZA13-100 Page 13 DeShazo Group, Inc. September 23, 2013 recommended that analysis results for such locations be taken in the context of day-to-dm,/ experience rather than as an absolute determination of inadequacy. The resulting site -plus -background traffic impact to the operational conditions was assessed, from which the following findings and mitigation measures were developed: 1. Southlake Boulevard/Kimball Avenue: The intersection will continue to experience LOS E or better for all analyzed scenarios. No improvements are recommended at this time. 2. Ethan Allen Median Opening/Southlake Boulevard: The intersection currently experiences difficulty with making the northbound, left -turn movement due to the heavy traffic on Southlake Boulevard, a condition that will continue. It is foreseeable that some of the site -generated, left turning traffic will divert to the site access driveway on Kimball Avenue to avoid the long delay. Noe improvements are recommended at this time. 3. Kimball Avenue/Site Driveway C: The analysis results indicate that the unsignalized intersection currently operates at a low level of service for the eastbound, left turn movement due to the traffic on Kimball Avenue. However, this may not reflect the true LOS condition as mentioned in the "NOTE" above. 4. Kimball Avenue/Future Village Center Drive (Existing George Dawson Middle School North Driveway}: The analysis results indicate that the unsignalized intersection currently operates at a low level of service for the eastbound, left turn movement due to the traffic on Kimball Avenue. However, this may not reflect the true LOS condition as mentioned in the "NOTE" above. RECOMMENDATIONS NOTE: Recommendations for public improvements within the study area presented in this report reflect the opinion of DeShazo based solely upon technical analysis and professional judgment and are not intended to define, imply, or allocate funding sources nor required improvements. Applicable legal precedent indicates that the Owner of a Project should only be required to proportionately fund necessary infrastructure improvements that are directly attributable to implementation of the Project. Such requirements will depend upon the individual circumstances of each project that may be viewed differently by each particular agency/municipality. Southlake Boulevard/Kimball Avenue: No improvements are recommended at the completion of the proposed site development. CONCLUSIONS A zoning change from the existing B-1, CA and AG development zones to S-P-2 for the subject property is being requested to facilitate retail development. The proposed development will include 98,800 SF of retail and 25,000 SF of restaurant uses and is projected to be completed in one year. This study analyzed the projected impact of the net increase in traffic generated by the development and concluded that the existing roadway network can accommodate the associated site traffic. Retail Development on F.M. 1709 Traffic Impact Analysis Page 15 Case No. Attachment C ZA13-100 Page 14 DeSluao Group, Inc. September 23, 2013 It should be noted that the northbound left -turn movements at the Ethan Allen median opening onto Southlake Boulevard currently experience difficulty due to the heavy traffic on Southlake Boulevard. It is foreseeable that some of the site traffic exiting the site to the west will divert to the site access driveway on Kimball Avenue and proceed to the signalized Southlake Boulevard/Kimball Avenue intersection. Relative to this traffic and transportation evaluation, approval of the requested retail development is recommended. END OF MEMO Retail Development on F.M. I709 Traffic Impact Analysis Page 16 Case No. Attachment C ZA13-100 Page 15 DeShazo Group Traffic. Transportation Planning. Parking. Design. October 30, 2013 Mr. Steven Anderson, P.E. City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 RE: Traffic Impact Analysis Review for Retail Site on F.M. 1709 West of Kimball Avenue (DeShazo Project .No. 12147) Dear Mr. Anderson: This letter is written in response to the TIA review comments made by John Denholm III, project engineer with Lee Engineering. For your reference convenience, I am providing his comments followed by our responses. A preliminary site plan is provided for the development in the TM. The site plan does not include a scale, which does not allow us to verify driveway spacing or stacking lengths. The proposed Drive D and Drive Edo not appear to have enough throat length/.stacking available to .satisfy the City driveway ordinance regvirements. Response: A scale is provided on Exhibit 1, the site plan. The two future driveways (Drive E and Drive D) are located behind the retail building off of Village Center Drive. Both driveways generate only a minimal number of exiting vehicles (2 AM and 7 PM) during the peak hours. Therefore, there is no need to provide a long throat/stacking area. The developer will apply for a variance to address the short throat length for the future driveways. The study collected traffic volumes for the Kimball at F.M. 1709 intersection during the summer and the schcol driveway during the school year. There appears to be some large variations in the volumes between the two counts. No adjustments to the UmballIF.M. 1709 intersection were made to account for data collection during the summer. Response: We have now adjusted the traffic volumes at the intersection of Southlake Boulevard/Kimball Avenue to reflect the traffic during the school time. Site traffic.from the proposed development is expected to exit onto Kimball Avenue in order to access westbound F.M. 1709. The study predicts that the eastbound left -turn from Driveway C onto Kimball Avenue will also experience high delays. As such, the majority of tragic turning left out of the site is likely to experience difficulty doing so. Consideration should be given to extending pillage Center Drive westward past the proposed development to complete the roadway link and allow alternative signalized intersection access to F.M. 1709. Response; We agree that the City should extend the street. 400 South Houston Street, Suite 330 Dallas, Texas 75202 P. 214.748.6740 F. 214.748.7037 www.deshaznroup.com Case No. Attachment C ZA13-100 Page 16 Mr. Steven Anderson, RE October 30, 2013 Page 2 At Driveway C, the driveway to Kimball Avenue, the development is predicted to generate 52 right turns during the AMpeak hour and 156 right turns during the PMpeak hour. Based upon the City ofSouthlake Driveway Ordinance, both peak periods exceed the Citys right turn threshold and a right -turn lane is required at this driveway. A right -turn lane should be constructed at this location haled upon the projected volumes. It should be noted that both the existing Ethan Allan driveway and the eastbound F.M. 1709 approach to Kimball Avenue have right -turn lanes. Response: As shown on the exhibit, the majority of the site -generated, right -turn traffic entering Driveway C is from the westbound, left -turning traffic at the Southlake Boulevard/Kimball Avenue intersection. These traffic volumes are currently regulated via a protected left -turn signal. The eastbound, right -turning traffic will yield to this movement. Kimball Avenue is a four -lane, divided roadway that has enough capacity to accommodate the southbound through traffic, thus the stacking/queuing condition will rarely if ever occur, a southbound, right -turn deceleration lane will not be needed The study did not ass/address intersection sight distance at any of the driveways. Due to median landscaping and grade changes, the intersection sight distance available for eastbound left turns from Driveway C should be assessed. Response: Based upon field observations, it appears that the current sight distance is adequate on Kimball Avenue. However, Driveway C is an existing driveway, not a proposed new driveway. The Driveway A/Ethan Allen median opening intersection currently exists and there is no sight distance issue. Based upon the existing topography, the proposed location of Driveway D and Driveway E for the future Village Center Drive appears to have sufficient sight distance. The study did not collect existing traffic c volumes at Driveway C. This median opening serves a daycare/school on the east side of Kimball Avenue and southbound-to-northbound U-turn movements into Chik-Fil-A. Existing volumes introduce additional conflicting movements into the Driveway C intersection and will negatively impact the capacity analysis results. Response: New data was collected and the analysis was adjusted based upon the newly -collected data. The southbound U-turn movements affect both the Driveway C and the daycare entrance. Consideration should be given to the installation of a "NO U-turn" sign at the median opening. The School Driveway/Village Center Drive intersection is referred to as being relocated in the TIA and is shown north of the proposed developments property line. If a realignment occurs, the existing median opening at the school driveway will also need modified. This intersection will exceed the City's right turn lane volume thresholds. Consideration should be given to the construction of a right -turn lane at this location, though the need is generated primarily by background/school traffic. Response: We agree with this finding. However, the need for a right -turn lane is attributable to the school traffic rather than the projected site -generated traffic, which will be very minimal The proposed site plan indicates that the school driveway will tee into Village Center from the south. It is our understanding that the existing school driveway will be eliminated and this is why school traffic was reassigned to Village Center in the TIA. This change will effectively reduce the school's onsite queuing areas by approximately 350feet. In order to minimize the school traffic's impact on Village Center in the future, a westbound left -turn lane from Village Center into the new school driveway should he provided. Response: We agree; the need for a westbound, left -turn lane is driven by the school traffic, not by the proposed site traffic. The future Village Center Drive is 37 feet wide (back-to-back of curb). This will allow a westbound, left -turn lane to be striped for the new school driveway on Village Center Drive. Case No. Attachment C ZA13-100 Page 17 Mr. Steven Anderson, P.E. October 30, 2013 Page 3 No long-term horizon year analysis was performed. There is an existing vacant tract of land adjacent to the site and behind the Ethan Allen development that will likely have access to Village Center Drive and the proposed sites' driveways. Additionally, the former Gateway Church site is likely to redevelop in some fashion. Consideration should be given to a build -out horizon level analysis with all three sites operational and Village Center Drive in place. Response: We have added year 2019 horizon year analysis (five years after site buildout). The lrimball Avenue at F.M. 1709 intersection analysis indicates that the green time for westbound through movements along FM. 1709 were reduced by 10 seconds to accommodate site traffic at the intersection. This may impact progression along F.M. 1709, Timing changes would need to be implemented to achieve the results presented in this report. Response: We agree; the progression timing will need to be changed once the site is built out. The timing changes can then be more accurately adjusted and implemented. Sincerely, DeSHAZO GROUP, INC. 1� m Chin, P.E., PTOE Project Manager JC:lsk Case No. Attachment C ZA13-100 Page 18 SITE PLAN REVIEW SUMMARY Case No.: ZA13-100 Review No.: Two Date of Review: 10/11/13 Project Name: Southlake Plaza II APPLICANT: Richmond Group Henry S. Quigg 12200 Stemmons Freeway Dallas, TX 75234 Phone: (972) 484-5977 DEVELOPER: Strode Property Company Chuck Keller 5950 Berkshire Lane, Ste. 875 Dallas, TX 75225 Phone: (214) 361-6900 Fax: (972) 484-8641 Fax: (214) 361-0049 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/30/13 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 APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Daniel Cortez, AICP Planner I Planner II Phone: (817) 748-8269 or Phone: (817) 748-8070 Email: pmoos ci.southlake.tx.us Email: dcortez ci.southlake.tx.us Show, label and dimension the width of any easements adjacent to the site on the Site Plan. 2. Label the width and type of bufferyards along each boundary in accordance with Ord. 480, Section 42 and 43) along the west property line. Show the bufferyard with dashed lines and shading or cross -hatch. Properties within Corridor Overlay Zone see Ord. 480-S § 43.9.c.3. and Exhibits 43-B and 43-C. Any variation from the zoning ordinance development regulations must be explicitly stated on the plan and within the S-P-1 development regulation that will be provided. 3. The following changes are needed to the Site Plan pertaining to the Driveway Ordinance (examples are shown in the appendices of the Driveway Ordinance): a. Label the stacking depth measured from the R.O.W. to the nearest parking stall or intersecting drive lane pavement edge; b. Label all return radii at the west radius at Drive Entry `E' C. The applicant has requested a variance to the requirements under Comment 3. 4. Provide adequate driveway and common access easement stubs into the western property boundary. The City's Master Thoroughfare Plan calls for a north/south common access easement extending between E. Southlake Boulevard and S. Village Center Drive between this property and the adjoining property to the west. 5. The landscape plant material counts and the plant legend do not match for shrub and accent tree quantities. Verify all plant material quantities. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Case No. ZA13-100 Attachment D Page 1 Phone: (817) 748-8229 E-mail: kmartin ci.southlake.tx.us There are two (2) large Post Oak trees located on the southeast corner of Building H and adjacent to S. Kimball that are proposed to be preserved but the proposed grading would alter them. Please adjust the grading to properly preserve the two trees. 2. Why is there proposed grading into the west side of the proposed open space along S. Kimball Avenue? This is shown on the Grading Plan but not reflected on the Tree Conservation Plan. There is proposed grading where an existing tree is shown to be preserved. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures, grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. INTERIOR LANDSCAPE AND BUFFERYARDS COMMENTS. Please label the bufferyards locations, width, and type on both the Site Plan and Landscape Plan. 2. Please consider the addition of some other kind of landscape features within the parking lots instead of the planter diamonds. There is not enough pervious soil area and volume in them to support a tree. The proposed and required landscaping is required to be maintained in perpetuity so something that achieves the optimal growth for the developments landscaping should be utilized. 3. All parking lot landscape islands are required contain at least one (1) canopy tree with the rest of the area containing shrubs, ornamental grasses, ground cover, seasonal color, or a combination of these plant materials. Although an S-P-2 zoning can request a change in the required landscape regulations, it is recommended that canopy trees be placed in the parking lot islands unless there is a light post on that island, than two (2) accent trees may be planted. 4. Please correct the South bufferyard. It is required to be a 10' — B type bufferyard, instead of a 10'—E. 5. Please correct the "Required" section of the East bufferyard within the Bufferyards Summary Chart. The East bufferyard is required to be a 10' — E, instead of a 20' — E. 6. Correct the bufferyard width and plant material calculations for the west bufferyard. The "Required" section is incorrect and the plant material calculations in the "Provided" section are incorrect, even for taking 20% reduction and width of access drives. 7. Location Requirements: A minimum of 75% of all required interior landscape area and plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards and a portion thereof shall be placed adjacent to the building where practical. Denotes informational items. Case No. Attachment D ZA13-100 Page 2 Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sandersona-ci.southlake.tx.us DRAINAGE COMMENTS: 1. Please provide information regarding how storm water detention is being handled for this site. WATER COMMENTS: The long dead-end fire hydrant in the middle of the site near Retail C is too long. The water line needs to be a closed loop either back to the west or to the south. 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. ZA13-100 Attachment D Page 3 3030 LBJ FREEWAY SURE 1660 DALLAS, TEXAS 75234 972/248-3006 FAX 972/248-3855 TOLL FREE 888/298-3006 LHE inanisine October 9, 2013 Mr. Steven Anderson, P.E. City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 Re: Traffic Impact Analysis Review — Retail site on FM 1709 West of Kintball Avenue Dear Mr. Anderson: Per your request, we have reviewed the traffic impact study for the proposed "Retail Site on FM 1709 West of Kimball Avenue" prepared by Deshazo Group, Inc. and dated September 23, 2013. The proposed development is located in the southwest corner of FM 1709 at Kimball Avenue in Southlake, Texas. We offer the following comments on the submitted traffic impact analysis: • A preliminary site plan is provided for the development in the TIA. The site plan does not include a scale, which does not allow us to verify driveway spacing or stacking lengths. The proposed Drive E and Drive D do not appear to have enough throat length/stacking available to satisfy the City driveway ordinance requirements. • The trip generation estimates provided in Table 1 were correctly developed using 123,800 square feet of space and the equations provided by the Institute of Transportation Engineers. The Shopping Center land use was used. The development is projected to generate 7,802 daily trips with 178 trips during the AM peak hour and 691 trips during the PM peak hour. The trip generation appears reasonable. • The directions of approach percentages and trip distributions appear to be reasonable. • The study collected traffic volumes for the Kimball at FM 1709 intersection during the summer and the school driveway during the school year. There appear to be some large variations in the volumes between the two counts. No adjustments to the Kimball at FM 1709 intersection were made to account for data collection during the summer. • The study states that the "existing roadway network can marginally accommodate the associated site traffic." The study further indicates that the northbound left turn movement out of the Ethan Allen driveway currently experiences operational issues. Additional site traffic at this driveway is predicted to experience high delays. • Site traffic from the proposed development is expected to exit onto Kimball Avenue in order to access westbound FM 1709. The study predicts that the eastbound left turn from Driveway C onto Kimball Avenue will also experience high delays. As such the majority of traffic turning left out of the site is likely to experience difficulty doing so. Consideration should be given to Case No. ZA13-100 Attachment D Page 4 extending Village Center Drive westward past the proposed development to complete the roadway link and allow alternative signalized intersection access to FM 1709. • At Driveway C, the driveway to Kimball Avenue, the development is predicted to generate 52 right turns during the AM peak hour and 156 right turns during the PM Peak hour. Based on the City of Southlake Driveway Ordinance, both peak periods exceed the City's right turn threshold and a right turn lane is required at this driveway. A right turn lane should be constructed at this location based on the projected volumes. It should be noted that both the existing Ethan Allen driveway and the eastbound FM 1709 approach to Kimball Avenue have right -turn lanes. • The study did not assess/address intersection sight distance at any of the driveways. Due to median landscaping and grade changes, the intersection sight distance available for eastbound left turns from Driveway C should be assessed. • The study did not collect existing traffic volumes at Driveway C. This median opening serves a day care/school on the east side of Kimball Avenue and southbound to northbound u-turn movements into Chik-Fil-A. Existing volumes introduce additional conflicting movements into the Driveway C intersection and will negatively impact the capacity analysis results. • The School Driveway / Village Center Drive intersection is referred to as being relocated in the TIA and is shown north of the proposed development's property line. If a realignment occurs the existing median opening at the school driveway will also need modified. This intersection will exceed the City's right turn lane volume thresholds. Consideration should be given to the construction of a right turn lane at this location, though the need is generated primarily by background/school traffic. • Tile proposed site plan indicates that the school driveway will tee into Village Center from the south. It is our understanding that the existing school driveway will be eliminated and this is why school traffic was reassigned to Village Center in the TIA. This change will effectively reduce the schools onsite queuing areas by approximately 350 feet. In order to minimize school traffic's impact on Village Center in the fixture, a westbound left turn lane from Village Center into the new school driveway should be provided. • No long term horizon year analysis was performed. There is an existing vacant tract of land adjacent to the site and behind the Ethan Allen development that will likely have access to Village Center Drive and the proposed sites driveways. Additionally the former Gateway Church Site is likely to redevelop in some fashion. Consideration should be given to a build -out horizon level analysis with all three sites operational and Village Center Drive in place. • The Kimball Avenue at FM 1709 intersection analysis indicates that the green time for westbound through movements along FM 1709 were reduced by 10 seconds to accommodate site traffic at the intersection. This may impact progression along FM 1709. Timing changes would need to be implemented to achieve the results presented in the report. If you have any questions, please contact me at (972) 248-3006. We appreciate the opportunity to provide these services and are available to address any additional comments or concerns. Sincerely, John Denholm III, P.E., PTOE Project Engineer Lee Engineering TBPE Firm No. F-450 Case No. ZA13-100 Attachment D Page 5 Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclementsa-ci.southlake.tx.us GENERAL COMMENTS: o An automatic fire sprinkler system will be required for buildings over 6,000 square feet. (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. (All buildings are indicated to be in excess of 6,000 square feet) o 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. o Fire department sprinkler connections, FDC, are to be a five inch Storz connection with a 30 degree down elbow and a Knox locking cap. o All commercial buildings are required to have Knox Box rapid entry systems installed. Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal's Office. FIRE LANE COMMENTS: o Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis for sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) o Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2009 I.F.C. Sec. 503.2.4). Show and label the fire lane width and any curve radii. Also label any radius of any curbs adjacent to the fire lane. FIRE HYDRANT COMMENTS: o Hydrants required at a maximum spacing of 300 feet for commercial locations that contain un- sprinkled buildings and a maximum spacing of 600 feet for commercial locations with completely sprinkled buildings. (Hydrant spacing appears adequate based on all buildings exceeding 6,000 square feet, thus requiring sprinkler systems and allowing maximum spacing of hydrants) o Fire Department Connections for sprinkler systems must be within 100 feet of a fire hydrant, and within 50 feet of approved fire department access. (Locate Fire Department Connections within guidelines, on each building or remotely, or add fire hydrants and access as required) General 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. Case No. ZA13-100 Attachment D Page 6 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. 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. The applicant should be aware that prior to issuance of a building permit a Plat Revision 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. Any work within the R.O.W. of FM 1709 will require a permit from TxDOT. Coordinate with staff for any curb cuts or sidewalk installations. A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Additional R.O.W. may be required for intersection improvements along Kimball Avenue and F.M. 1709. Bufferyards, setbacks and other development regulations as shown on the approved site plan shall not be affected and may be reduced if additional R.O.W. is acquired. Applicant will need to coordinate with Carroll ISD for the closure and reconstruction of the school entry drive off South Village Drive (the S. Kimball Avenue school drive will close with the new road construction). The Carroll ISD contacts for the Carroll ISD are Robb Welch robb.welcher-southlakecarroll.edu and Julie Thannum Julie.thannuma-southlakecarroll.edu. Erosion Control/Retaining Walls: Any slope embankments or retaining walls with public ROW (possibly the northeast corner) or within the required bufferyard must be terraced every four feet (4') in height (maximum) with a minimum two foot (2') planting area provided between each vertical plane. Materials used for the vertical elements shall be natural stone, railroad tie, landscape timbers or any masonry material which matches the masonry material used on the front fagade of the buildings. The planting area must contain plant materials other that grass. Provide additional information on anticipated truck routes. Coordinate with the Greenway property located to the west to provide connectivity for future development. Denotes Informational Comment Case No. Attachment D ZA13-100 Page 7 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Southlake Plaza 11 z a 3 E SOUTHLAKE BLVD 10 s s s I 6 11 13 12 14 15 U, Q J m Y S F O 'O• 1. Owner Name Carroll ISD Zoning..Response CS 400 S KIMBALL AVE 35.39 NR 2. Inland Western Slake Corners K C3 200 N KIMBALL AVE 16.71 NR 3• Marshall Descendants 2006Trst C3 101 N KIMBALL AVE 0.92 NR 4. Stagliano, Vincent J Etal C3 120 N KIMBALL AVE 0.39 NR 5. Greenway-1709 Eleven Partners SP1 2175 E SOUTHLAKE BLVD 3.04 F 6. Primslake Llc C2 155 S KIMBALL AVE 1.88 NR 7• Chick-Fil-A Inc C3 2301 E SOUTHLAKE BLVD 1.14 NR 8. Church Of Christ Our King CS 2221 E SOUTHLAKE BLVD 2.34 NR 9• Southlake Plaza 11 Ltd Prtn B1 2211 E SOUTHLAKE BLVD 0.83 NR 10. Southlake Plaza 11 Ltd Prtn B1 2201 E SOUTHLAKE BLVD 0.91 NR 11. Southlake Plaza 11 Ltd Prtn B1 2191 E SOUTHLAKE BLVD 8.48 NR 12. Teeter, Robert W Etux Pam Etal AG 280 S KIMBALL AVE 2.25 NR 13. Greenway-1709 Eleven Partners B1 2185 E SOUTHLAKE BLVD 8.11 F 14. Kimball Greens Llc SP1 165 S KIMBALL AVE 1.58 NR 15. Carr, Howard E Jr SF1-A 285 S KIMBALL AVE 2.86 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fifteen (15) Responses Received: One (1) Initially Greenway-1709 Eleven Partners filed oppostion to the applicants request but has since sent an email to City staff withdrawing their opposition and noting their support. These letters can be found on the next several pages. Case No. Attachment E ZA13-100 Page 1 Greenway Investment Company Commercial Real Estate Investments 2808 Fairmount Street, Suite 100 Dallas, Texas 75201 November 7, 2013 VIA EMAIL City of Southlake Planning & Zoning Members Telephone: 214.8 90.9009 Fax: 214290.0188 greenwayinveslment.com Re: Ordinance No. 480-650 (ZA13-100)/Proposed Zoning Change by Strode Development Company for a new retail project on the "Southlake Plaza II" tract located at the SWC of 1709 and Kimball Road (the "Proposed Development" Dear Ladies and Gentlemen: Our partnership, Greenway/1709 Eleven Partners II LP and Greenway/1709 Eleven Partners L.P., owns a 2.895 acre retail project (Kimball Crossing) and 8.193 undeveloped acres directly adjacent to the proposed Strode development. See attached map showing the Strode Development and the Greenway tracts. As you know, Mr. Strode and his team presented his case to you at the Planning & Zoning meeting on October 17 and it was tabled. It is scheduled to be continued at the next P&Z meeting today, November 7. We clearly articulated our concerns about Mr. Strode's proposed project weeks ago and then again at the October 17 meeting. We have offered to sit down with Mr. Strode in an effort to work through the issues. We have heard nothing from Mr. Strode since the October 17 Meeting. Having heard nothing from Mr. Strode, we expressed our concerns directly to the current property owner group, led by Jerry Quicksall, earlier this week in a further effort to find consensus for the benefit of both the Greenway tract and the proposed Strode Development. And we believe Mr. Quicksall understood our issues and could easily work them out with us ... as we have, as neighbors, many times before. So why no resolution with Mr. Strode? Simple, we believe. He wants to "max out" his site while at the same time diminishing the value of the Greenway site. He wants to do whatever he can to make sure the Greenway site does not benefit from his Proposed Development or ... in Mr. Strode's own words to me ... "Christy ... I do not want you to feed off my site!" Case No. Attachment E ZA13-100 Page 2 Letter to Planning & Zoning Members November 7, 2013 Page 2 What tools will he use to diminish and isolate the Greenway site? At least these four have been proposed: 1. Re -alignment of Access Drive. Rather than extending the existing drive, straddling the common boundary, back to the planned Future Road, Mr. Strode wants to be able to shift the drive only on to his tract, impeding our access. While the initial common access easement years ago stopped the drive roughly half way back (contemplating that box retailers might likely be positioned across the property boundary when/if the two properties were combined), it is easy enough to amend the current easement to extend straight back to the Future Road to shared curb cut so that both tracts benefit. 2. Retaining Walls. Mr. Strode has indicated in his original submittal that he intends to construct as many walls as he can in order to impair access between the two tracts. 3. Landscape Screening. Mr. Strode's plans show an extraordinary heavy line of view -obstructing landscaping on the west boundary of his site in order to block views to or from our site. 4. Forced Drainage. Although Mr. Strode tells us private ly that he can easily drain his site straight to 1709 without the need for any easement, he is insisting publicly on imposing a new drainage easement across our site that could easily prevent the construction of a building in the future. When we have offered to allow the easement so long as he agrees to a one-time relocation right in the event the drainage line did in fact interfere with a building, Mr. Strode declined. It has long been contemplated ... by the City Staff, by us, and by the Quicksall group...that these two tracts would likely be developed together ... if not by one owner, then by separate owners working together cooperatively. In that spirit, we have worked through many "pre -development" issues with our neighbor, Mr. Quicksall, as evidenced by recorded documents. As Mr. Quicksall himself has put it, we and City Staff have always intended there to be "connectivity" upon the development of these tracts. Mr. Strode's plan ... and his very specific warning against "feeding" off his development... propose the opposite of "connectivity". Worse, they reflect the opposite for the level of neighborly cooperation that has been the standard in Southlake for decades. Mr. Strode would never even give us copies of his plans and instead left us to get copies from the City! While we of course support a quality, well -designed retail project on the Quicksall tract (as we always have), we cannot support a one-sided "help myself and hurt you" plan like the one proposed. Case No. Attachment E ZA13-100 Page 3 Letter to Planning & Zoning Members November 7, 2013 Page 3 We strongly oppose Mr. Strode's proposed plan and encourage you to likewise oppose his request at tonight's P&Z hearing?. We are available at any time later today to discuss this with you further or provide additional information as you consider your vote. Thanks for your careful consideration of these issues and thanks for your service to the City of Southlake. Case No. Attachment E ZA13-100 Page 4 t r w�4 li Ijl � I t t AO .40 LLL E r 0 v Q p O Y d > U � W '� od u M USOUTHLAKE Daniel Cortez <dcortez@ci.southiake.tx.us> Fwd: Case No. ZA 13-100 - Southlake Plaza II (Strode) 1 message Dennis Killough <dkillough@ci.south lake.tx.us> Wed, Dec 11, 2013 at 5:36 PM To: Daniel Cortez <dcortez@ci.south lake.tx.us> ---------- Forwarded message ---------- From: Christy Hammons Date: Tue, Dec 3, 2013 at Subject: Case No. ZA 13-100 - Southlake Plaza II (Strode) To: "kbaker@ci.southlake.tx.us" <kbaker@ci.southlake.tx.us>, "Dennis Killough (dkillough(a�ci.southlake.tx.us)"<dkillough(a--)ci.south lake.tx.us> Cc: Please be advised that we have reached an agreement with Mr. Strode and have executed a letter agreement outlining the terms between the two parties in regards to: the shared drive, view obstruction, drainage easement, grading/fill of excess dirt, water line, and also agreed to execute a Development Agreement between the two parties. In the Letter Agreement, Mr. Strode agreed to delete his original location for the drive (which depicted the road entirely on his property as shown in his original submittal to the City) from tonight's City Council meeting, and replace it with the "Alternate" drive, from his subsequent submittal, creating a "shared drive" that will straddle the two properties running from the existing drive to the southern end of the property connecting with the "Future Road". Upon this condition being met, Greenway withdraws its opposition to the above referenced zoning case, and will support Case No. ZA 13-100 — Southlake Plaza II. Christy Hammons Vice President Greenway Investment Company 2808 Fairmount, Suite 100 Dallas, Texas 75201 Auto Attendant: (214) 880-9009 Ext 5 Case No. Attachment E ZA13-100 Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-650 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 DESCRIBED AS LOTS 1A1, 2A AND 3A, BLOCK B, SOUTHLAKE BUSINESS PARK AND TRACTS 1B AND 1131, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 14.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM `13-1' BUSINESS SERVICE PARK DISTRICT, `AG' AGRICULTURE DISTRICT AND `CS' COMMUNITY SERVICE DISTRICT TO `S- P-1' DETAILED SITE PLAN DISTRICT WITH `C-3' GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, Case No. Attachment F ZA13-100 Page 1 WHEREAS, the hereinafter described property is currently zoned as `B-1' Business Service Park District, `AG' Agriculture District and `CS' Community Service District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, Case No. Attachment F ZA13-100 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning 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 Case No. Attachment F ZA13-100 Page 3 amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lots 1A1, 2A and 3A, Block B, Southlake Business Park and Tracts 1 B and 1 B1, John A. Freeman Survey, Abstract No. 529, City of Southlake, Tarrant County, Texas, being approximately 14.84 acres, and more fully and completely described in Exhibit "A" from `B-1' Business Service Park District, `AG' Agriculture District and `CS' Community Service District to `S-P-1' Detailed Site Plan District with `C-3' General Commercial District uses 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 Case No. Attachment F ZA13-100 Page 4 provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances Case No. Attachment F ZA13-100 Page 5 affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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 3rd day of December, 2013. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA13-100 Page 6 PASSED AND APPROVED on the 2nd reading the 17t" day of December, 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA13-100 Page 7 EXHIBIT "A" RESERVED FOR METES AND BOUND DESCRIPTION Case No. Attachment F ZA13-100 Page 8 EXHIBIT "B" RESERVED FOR APPROVED SITE PLAN Case No. Attachment F ZA13-100 Page 9