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Item 6A Department of Planning & Development Services S T A F F R E P O R T May 26, 2015 CASE NO: ZA15-032 PROJECT: Zoning Change & Site Plan for Kimball Park (Cambria Hotel and Suites) EXECUTIVE nd SUMMARY: Fillmore Hospitality is requesting 2 reading approval of a Zoning Change and Site Plan from S-P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District for Cambria Hotel and Suites at Kimball Parkon property described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 400 and 470 N. Kimball Ave., Southlake, Texas. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood # 4. REQUEST nd DETAILS: The applicant is requesting 2 reading approval of a Zoning Change and Site Plan from S-P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District for the Cambria Hotel and Suites at Kimball Park to revise the previously approved Zoning and Site Plan primarily with regard to the exterior elevations, building footprint and the layout of the ground floor and pool area. Some minor changes to the parking lot landscape islands are also proposed. A Site Plan for the Cambria Hotel and Suites was approved March 4, 2014 in conjunction with a Zoning Change and Concept Plan for the Kimball Park development, which includes the four-story, 175 room Cambria Hotel and Suites, a three-story, 96,000 square foot office building, restaurant, coffee shop and retail uses, and one open space lot on approximately 15.5 acres. No changes are proposed to the remainder of the Kimball Park development. The only changes proposed are to Lot 1 of the development, which is the hotel site. All previous conditions of approval remain in effect. A summary of the proposed changes is below:  The floor area of the hotel is 111,897 square feet instead of 118,315 square feet.  The windows are reconfigured with louvers added for VTAC units.  The entry tower feature is squared off with the east and south facades instead of being angled.  An accent band of brick and metal above the first floor has been removed (see st the City Council 1 reading motion below).  The canopy at the hotel entrance is a clear polycarbonate clad canopy instead st of a metal clad canopy (see the City Council 1 reading motion below).. Case No. ZA15-032  The height of the hotel lobby is a single height instead of a double height.  The height of the primary parapet is 51’-0” instead of 47’-5” and the height to the top of the tower structure is 59’-4” instead of 59’-3”.  The layout of the ground floor and pool area have been reconfigured (please see the chart below with the area comparisons).  Required parking for the hotel is 211 spaces instead of 206 spaces due to the increase in meeting space.  Some of the parking lot landscaping on the west side of the hotel has been revised and the dumpster enclosure has been squared off with the property line. A summary of the changes to the ground floor and patio/pool areas by use is below: Use Previously approved S-P-2 (s.f.) Proposed S-P-2 (s.f.) Building Footprint 31,840 29,514 Conference Center 8,380 8,738 Dining/Lounge Space 1,900 2,700 Total Meeting Space 5,076 5,079 Ballroom 4,320 4,116 Board Room 288 507 Break-Out Meeting468456 Fitness Center 1,995 1,061 Kitchen 1,200 920 Patio/Pool Area 6,250 8,250 Pool Area 452 469 st The City Council approved the item at 1 reading on May 19, 2015 with the following stipulations: st City Council 1 Reading Motion Applicant’s Response Reintegrate the architectural band element that Revised elevations that reintegrate the was on the previously approved elevations into architectural band element will be presented nd the design for an alternative plan. at 2 reading on June 2, 2015. Bring back additional design options showing Renderings of the revised porte cochere will nd less column or masonry features on the porte be presented at 2 reading on June 2, cochere at the hotel entrance for better visibility 2015. into the building or possibly incorporate more columns with the parking island. Bring forth more information on the proposed More information on the proposed polycarbonate material and/or other options for polycarbonate material and/or other options the roofing material. for the roofing material will be presented at nd 2 reading on June 2, 2015. ACTION NEEDED: 1) Conduct a public hearing nd 2) Consider 2 reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN Meeting Reports dated April 28, 2015 and January 6, 2014 (D) Plans and Support Information – Link to PowerPoint Presentation (E) Site Plan Review Summary No. 1, dated April 16, 2015 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-657a for Commission and Council Members Only (H) Full Size Plans () Case No. ZA15-032 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA15-032 BACKGROUND INFORMATION OWNER/APPLICANT: Fillmore Hospitality PROPERTY ADDRESS: 400 and 470 N. Kimball Ave. PROPERTY DESCRIPTION: Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049 LAND USE CATEGORY: Mixed Use CURRENT ZONING: “ S-P-2” Generalized Site Plan District REQUESTED ZONING: “ S-P-2” Generalized Site Plan District HISTORY: - A Zoning Change and Concept/Site Plan (ZA12-067) from “I-1” Light Industrial District to “S-P-2” Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. TRANSPORTATION ASSESSMENT: Traffic Impact The trip generation calculations in the Traffic Impact Analysis that was submitted for the Kimball Park development are not affected by the proposed changes to the hotel, so an updated TIA is not required for this case. TREE PRESERVATION: No changes to the approved Tree Conservation Plan are proposed with this request. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for the proposed changes is was held April 28, 2015. The SPIN report for that meeting is attached in Attachment C of this report.A SPIN meeting for the entire Kimball Park project was held January 6, 2014. A summary of that meeting is also included in Attachment C. PLANNING AND ZONING COMMISSION ACTION: April 23, 2015; Approved (5-0) subject toSite Plan Review Summary No. 1, dated April 16, 2015, subject to the staff report dated April 17, 2015, approving each of the proposed changes as presented; noting for the record the applicant’s willingness to get with Commissioner Springer to explore alternate options to the louver window issue and cooling towers; also noting the applicant’s willingness prior to coming to Council to prepare a rendering of the entryway so they can see the difference between the approved two story height versus the twelve foot height that is being proposed and also noting the applicant’s willingness to try to match the proposed entry feature at the front of the hotel with the entry at the conference center entrance. Case No. Attachment A ZA15-032 Page 1 st CITY COUNCIL ACTION: May 5, 2015; Tabled on consent (5-0) at 1 reading to the May 19, 2015 Council meeting. st May 19, 2015; Approved at 1 reading (7-0) subject to the staff report dated May 12, 2015 and also the Site Plan Review Summary No. 1, dated April 16, 2015, also noting that all other regulations associated with Zoning Case ZA13- 135 shall remain in place and only the revisions to Zoning Case ZA13-135 that are presented this evening and approved will be considered, also noting that prior to the next reading, the applicant will come forward with the following additional information; regarding the architectural band element that was on the prior site plan, to reintegrate that into the design for an alternative to see again, regarding the cantilever porte cochere, additional design options showing less column or masonry features for better visibility into the building or possibly incorporating more columns with the parking island, also bringing forth more information on the proposed polycarbonate material and/or other options for the roofing material. STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated April 16, 2015. The Planning and Zoning Commission and City Council motions from the original approval of Kimball Park are included below for reference: Previous Planning and Zoning Commission motion: January 9, 2014; Tabled to the January 23, 2014 P&Z meeting. January 23, 2014; Tabled to the February 6, 2014 P&Z meeting. February 6, 2014; Approved (5-0) subject to Revised Concept/Site Plan Review Summary No. 2 and Staff Report dated January 31, 2014, approving the two variances requested: 1) The driveways do not meet the minimum required stacking depth of 150’. Approximately 17.6’ of stacking depth is shown on the N. Kimball Ave. driveway and 34.2’ of stacking depth is shown on the S.H. 114 driveway and 2) Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. A variance is requested to allow the lots to be configured as shown on the Concept Plan and noting the applicants willingness to address the following: 1) the entrance to the hotel on the southeast corner of the hotel, 2) the parking and landscaping on the east side of the hotel 3) the design and layout of the retail/restaurant component around the circle with the potential for patio space on the southern side of the building as well as the northern side, 4) clarify renderings of the hotel 5) refine the renderings to more closely resemble the materials anticipated being used, 6) place the fountain in the renderings and 7) add pedestrian access from the hotel to the green space on the southeast portion of the lot. Previous City Council motions: st February 18, 2014; Approved at 1 reading (6-1) subject to the following stipulations: approval of requested variances—driveway stacking depth and Subdivision Ordinance regarding the public and private street access that will be configured as shown on the concept plan; concept plan review summary No. 3, dated February 11, 2014; understanding that applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front Case No. Attachment A ZA15-032 Page 2 southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) regarding Lot 6, a detailed landscape plan showing how that can be incorporated with the federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor and within that floor plan a detail of the outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured to the extent to provide for periodic maintenance within the floodway in connection with Lot 6 landscape detail and provide detailed plant material for entire project, and (6) detailed renderings for convention center from the Kimball approach which would also include traffic circle. nd March 4, 2014; Approved at 2 reading (6-1) pursuant to the following:revised concept plan review summary No. 3, dated February 26, 2014; approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; also noting the requirements under this motion are pursuant to: (1) the revised renderings that were presented to Council this evening; (2) the Declaration of Covenants, Restrictions, and easements (CCR) as presented to Council in the application this evening; (3) the revised landscape plan presented to Council; (4) the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4; (5) also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; (6) the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m.; (7) the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; (8) and pursuant to the revised concept/site plan as presented this evening. Case No. Attachment A ZA15-032 Page 3 Case No. Attachment B ZA15-032 Page 1 Case No. Attachment C ZA15-032 Page 1 Case No. Attachment C ZA15-032 Page 2 Case No. Attachment C ZA15-032 Page 3 Case No. Attachment C ZA15-032 Page 4 Case No. Attachment C ZA15-032 Page 5 Case No. Attachment C ZA15-032 Page 6 Case No. Attachment C ZA15-032 Page 7 Case No. Attachment C ZA15-032 Page 8 Case No. Attachment C ZA15-032 Page 9 Case No. Attachment C ZA15-032 Page 10 Case No. Attachment C ZA15-032 Page 11 Case No. Attachment C ZA15-032 Page 12 Case No. Attachment C ZA15-032 Page 13 Case No. Attachment C ZA15-032 Page 14 Case No. Attachment C ZA15-032 Page 15 Case No. Attachment C ZA15-032 Page 16 Case No. Attachment C ZA15-032 Page 17 Case No. Attachment C ZA15-032 Page 18 Case No. Attachment C ZA15-032 Page 19 Case No. Attachment C ZA15-032 Page 20 Case No. Attachment C ZA15-032 Page 21 Case No. Attachment C ZA15-032 Page 22 Case No. Attachment C ZA15-032 Page 23 S-P-2 REGULATIONS Case No. Attachment D ZA13-135 Page 1 Case No. Attachment D ZA13-135 Page 2 Case No. Attachment D ZA13-135 Page 3 Case No. Attachment D ZA13-135 Page 4 Case No. Attachment D ZA13-135 Page 5 APPLICANT’S COMMENTS Case No. Attachment D ZA13-135 Page 6 APPLICANT’S COMMENTS Case No. Attachment D ZA13-135 Page 7 APPROVEDSITE PLAN PROPOSEDSITE PLAN Case No. Attachment D ZA13-135 Page 8 APPROVEDRENDERING PROPOSEDRENDERING Case No. Attachment D ZA13-135 Page 9 Case No. Attachment D ZA13-135 Page 10 SITE PLAN REVIEW SUMMARY ZA15-032One04/16/15 Case No.: Review No.: Date of Review: Site Plan Project Name: – Kimball Park APPLICANT: Brad McKissick ENGINEER: Jimmy Fechter Fillmore Hospitality Adams Engineering 910 S. Kimball Ave. Southlake, TX 76092 Phone: (817) 328-3215 E-mail: jimmy.fechter@adams-engineering.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/10/15 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 DENNIS KILLOUGH AT (817) 748-8072. 1. The proposed revisions are only to Lot 1 of the Kimball Park Development. All previously approved plans and conditions of approval remain in effect unless specifically revised as part of this request. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. The submitted Development Regulations propose that the western property line adjacent to the multi- family residential lots will be screened with a vegetated screening of: existing plant material, required plantings within the buffer and additional large shrubs and accent trees planted within the bufferyard. There are a significant amount of existing trees and associated vegetation along the west and north property lines. Identify these trees and designate if they will be preserved, removed, considered marginal, and show how the proposed west bufferyard landscaping will be integrated with the existing vegetation. * 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 & BUFFERYARDS COMMENTS: 1. The parking lot landscape islands are required to contain at least the minimum of the required canopy tree as shown along with shrubs, ground cover, ornamental grasses, seasonal color or a combination of these plant materials. Turf grass is not acceptable vegetation within the parking lot landscape Case No. Attachment E ZA15-032 Page 1 islands. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us PRELIMINARY UTILITY COMMENTS: 1. No 90º bends, use 2-45º bends. 2. All waterlines to be public and in easements. 3. 12” waterline not on the City’s Master Water Plan, therefore no city participation in upsizing. 4. Any sanitary sewer lines crossing lot lines will need to be public and contained in easements. 5. Extend SS-1 west to property line. 6. Extend SS-4 to west property line. 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. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us Case No. Attachment E ZA15-032 Page 2 GENERAL COMMENTS: An automatic fire sprinkler system will be required for all commercial structures in excess of 6,000 square feet, with coverage extended into the attic if comprised of combustible construction. (per 2009 I.F.C. Sec. 903.3.1.3 as amended). Also, the restaurants classified as an A-2 occupancy will require an automatic sprinkler system with an occupant load in excess of 100. All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72, the 2009 International Fire Code, and the City of Southlake amendments. A complete set of plans for the underground fire protection line, fire sprinkler system, and fire alarm system shall be submitted to Reed Fire Protection for review and approval at 14135 Midway Road in Addison, Texas 75001. Business phone is 214-638-7599. A Knox Box Rapid Key entry system shall be installed on the buildings near access to the riser room. Keys must be provided to access the riser room. The Knox Box can be ordered on the Internet at www.knoxbox.com. A 5 inch Fire Department Connection shall be installed on each building, with a locking Knox cap attached to the FDC to prevent debris from entering the connection. An exterior audible/visual fire alarm device must be installed above the Fire Department Connection on each sprinkled building to indicate when a fire alarm condition is present in the building, or located as near as possible to the FDC, on the building, if the FDC is installed remotely. Approved suite numbers and/or building address shall be posted on all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. All numbers shall contrast with their background. Electrical, Mechanical, Roof Access, Fire Alarm Panel, Sprinkler Riser and all other pertinent rooms must be labeled with appropriate signage. 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 LANE COMMENTS: Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 300 feet for commercial locations that contain un- sprinkled buildings, and 600 feet for commercial locations that contain completely sprinkled buildings.(If all buildings in the complex are completely sprinkled, then hydrant locations are acceptable except for adding a hydrant at the South entrance into the complex off of the service road of State Highway 114)(If all building are not completely sprinkled, then hydrants will need to be added and relocated to meet requirements) A fire hydrant shall be within 100 feet of each Fire Department Connection, and the Fire Department Connection within 50 feet of fire lane access.(Fire Department Connection locations not indicated on plans) Case No. Attachment E ZA15-032 Page 3 General Informational Comments * A SPIN meeting is scheduled for April 28, 2015. A SPIN meeting for the Kimball Park development was held January 6, 2014 * A final plat must be approved and filed prior to issuance of a building permit. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 65 * It appears that this property lies within the 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 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. * The Council motions for the previously approved S-P-2 Zoning Change and Concept/Site Plan for the Kimball Park development that was approved March 4, 2014 is included below for reference: Previous Planning and Zoning Commission motion: January 9, 2014; Tabled to the January 23, 2014 P&Z meeting. January 23, 2014; Tabled to the February 6, 2014 P&Z meeting. February 6, 2014; Approved (5-0) subject to Revised Concept/Site Plan Review Summary No. 2 and Staff Report dated January 31, 2014, approving the two variances requested: 1) The driveways do not meet the minimum required stacking depth of 150’. Approximately 17.6’ of stacking depth is shown on the N. Kimball Ave. driveway and 34.2’ of stacking depth is shown on the S.H. 114 driveway and 2) Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. A variance is requested to allow the lots to be configured as shown on the Concept Plan and noting the applicants willingness to address the following: 1) the entrance to the hotel on the southeast corner of the hotel, 2) the parking and landscaping on the east side of the hotel 3) the design and layout of the retail/restaurant component around the circle with the potential for patio space on the southern side of the building as well as the northern side, 4) clarify renderings of the hotel 5) refine the renderings to more closely resemble the materials Case No. Attachment E ZA15-032 Page 4 anticipated being used, 6) place the fountain in the renderings and 7) add pedestrian access from the hotel to the green space on the southeast portion of the lot. Previous City Council motions: st February 18, 2014; Approved at 1 reading (6-1) subject to the following stipulations: approval of requested variances—driveway stacking depth and Subdivision Ordinance regarding the public and private street access that will be configured as shown on the concept plan; concept plan review summary No. 3, dated February 11, 2014; understanding that applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) regarding Lot 6, a detailed landscape plan showing how that can be incorporated with the federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor and within that floor plan a detail of the outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured to the extent to provide for periodic maintenance within the floodway in connection with Lot 6 landscape detail and provide detailed plant material for entire project, and (6) detailed renderings for convention center from the Kimball approach which would also include traffic circle. nd March 4, 2014; Approved at 2 reading (6-1) pursuant to the following:revised concept plan review summary No. 3, dated February 26, 2014; approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; also noting the requirements under this motion are pursuant to: (1) the revised renderings that were presented to Council this evening; (2) the Declaration of Covenants, Restrictions, and easements (CCR) as presented to Council in the application this evening; (3) the revised landscape plan presented to Council; (4) the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4; (5) also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; (6) the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m.; (7) the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; (8) and pursuant to the revised concept/site plan as presented this evening. * Denotes Informational Comment Case No. Attachment E ZA15-032 Page 5 SURROUNDING PROPERTY OWNERS Kimball Park SPO # Owner Zoning Address Acreage Response Hagar, Stephen T AG 000479 N Kimball Ave 4.08 1. NR Chamathil, Varghese Etux Sara AG 000411 N Kimball Ave 1.67 2. NR Victron Stores Lp C3 000401 N Kimball Ave 0.89 3. NR Ekstrom, Delton E SF1-A 000650 Cherry Ct 0.99 4. NR St Laurence Episcopal Church CS 000517 N Kimball Ave 5.59 5. NR Ivester, Emory O Etux Marlene AG 000501 N Kimball Ave 3.62 6. NR T2T Property Holdings Llc O1 000000 Cherry Ln 1.02 7. NR T2T Property Holdings Llc O1 000000 Cherry Ln 0.99 8. NR Aos Investments Group Inc O1 000000 Cherry Ln 1.01 9. NR Fusselman, Bruce Etux Michelle C3 002100 E State Hwy 114 1.80 10. NR Tate, John T SP2 002120 E State Hwy 114 0.92 11. NR Mayse, Richard A SP2 002110 E State Hwy 114 0.75 12. NR Sandco Holdings Lp SP2 000420 N Kimball Ave 0.54 13. NR Texas Petro Corp III SP2 002150 E State Hwy 114 1.16 14. F Juneja, Vikas Etux Ashita M RPUD 002201 Cotswold Valley Ct 0.30 15. NR Corp Of Episcopal Diocese Fw AG 000549 N Kimball Ave 0.94 16. NR Harris, Kimberly Susan SF1-A 000700 Cherry Ct 0.94 17. NR First Financial Trust & Asset MF1 000675 Cherry Ln 0.98 17 NR Van Til, John J MF1 000627 Cherry Ln 1.01 18. NR Reynal, John Etux Beverly S MF1 000575 Cherry Ln 1.14 19. NR Halim, Emil A MF1 000725 Cherry Ct 0.96 20. NR Mdp Southlake Llc SP2 000400 N Kimball Ave 9.33 21. NR Vision Southlake Dev Llc SP2 000572 N Kimball Ave 0.39 22. NR Kimball Road Lp I1 000500 N Kimball Ave 1.61 23. NR Case No. Attachment F ZA15-032 Page 1 Oncor Electric Delivery Co Llc CS 000000 N Kimball Ave 2.55 24. NR Tdc Manaagement Llc SP2 000560 N Kimball Ave 0.48 25. NR Lee, K Wayne SP2 000566 N Kimball Ave 0.66 26. NR Vision Southlake Dev Llc SP1 000600 N Kimball Ave 4.41 27. NR Bo-Fam Investments Ltd I1 000400 N Kimball Ave 0.37 28. NR Mdp Southlake Llc SP2 000400 N Kimball Ave 6.13 29. NR Bo-Fam Investments Ltd I1 000400 N Kimball Ave 0.32 30. NR Hagar, Stephen T AG 000479 N Kimball Ave 4.08 31. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent Within 200’: Thirty-one (31) Responses Received: One (1) - Attached Case No. Attachment F ZA15-032 Page 2 Case No. Attachment F ZA15-032 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657a 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 TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.518 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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 “S-P-2” Generalized Case No. Attachment G ZA15-032 Page 1 Site Plan District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public 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 Case No. Attachment G ZA15-032 Page 2 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: Being described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 15.518 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit “B”, and Case No. Attachment G ZA15-032 Page 3 subject to the following conditions: S-P-2 Regulations for Ordinance No. 480-657 Case No. Attachment G ZA15-032 Page 4 Case No. Attachment G ZA15-032 Page 5 Case No. Attachment G ZA15-032 Page 6 Case No. Attachment G ZA15-032 Page 7 Case No. Attachment G ZA15-032 Page 8 Case No. Attachment G ZA15-032 Page 9 Case No. Attachment G ZA15-032 Page 10 Case No. Attachment G ZA15-032 Page 11 Case No. Attachment G ZA15-032 Page 12 Case No. Attachment G ZA15-032 Page 13 Case No. Attachment G ZA15-032 Page 14 S-P-2 Regulations for Ordinance No. 480-657a Case No. Attachment G ZA15-032 Page 15 Case No. Attachment G ZA15-032 Page 16 Case No. Attachment G ZA15-032 Page 17 Case No. Attachment G ZA15-032 Page 18 Case No. Attachment G ZA15-032 Page 19 st Council Motion at 1 Reading of Ordinance No. 480-657: February 18, 2014; Approved (6-1) subject to the following stipulations: approving the requested variances for driveway stacking depth and the Subdivision Ordinance requirement that lots front on a public or private street to allow the lots to be configured as shown; Concept Plan Review Summary No. 3, dated February 11, 2014; understanding that the applicant must come forward before the second reading with the following matters to be appropriately detailed and discussed (1) detailed entry feature on front southeast corner of the hotel, which may include fountains, landscape islands and detailed renderings of such, (2) detailed landscape plan, to include detailed plant material for Lot 6 to show how landscaping can be incorporated within federal requirements to not disturb the floodway, (3) discussion of the property owners agreement and how that may work regarding the project, (4) detailed floor plans, more specifically the first floor plan and within that floor plan a detail of outdoor public spaces and how those will be incorporated into the hotel, (5) also regarding Lot 6, noting what can be manicured and what type of periodic maintenance can be provided within the floodway in connection with landscape detail for Lot 6 and also provide detailed plant material for the entire project, and (6) detailed renderings for convention center from the Kimball approach which would include the traffic circle. nd Council Motion at 2 Reading of Ordinance No. 480-657: nd March 4, 2014; Approved at 2 reading (6-1) pursuant to the following: 1. Approving requested variances—driveway and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as amended, which requires every lot to be on a public or private street and as requested to allow the lots to be configured as shown on the revised concept plan; 2. Also noting the requirements under this motion are pursuant to: a. the revised renderings that were presented to Council this evening; b. the Declaration of Covenants, Restrictions, and easements (CCR) as presented to Council in the application this evening; c. the revised landscape plan presented to Council (included in Attachment “B” of this Ordinance); d. the revised permitted uses, as presented from Adams Engineering in their letter dated March 4, 2014, noting that the drive-through service will only be allowed for Lot 4 (correction made in S-P-2 regulations); e. also noting the balance of the concept plan for the buildings that are not included in this site plan approval that it is Council’s expectation there will be 100% masonry construction; f. the permitted uses represented from Adams Engineering that the food service hours of operations as noted in the application that “they will close no later than 11:00 p.m.” that it is Council’s intention to have wording that mentions that it will be “no earlier than 11:00 p.m. (correction made in S-P-2 regulations); Case No. Attachment G ZA15-032 Page 20 g. the office building in the concept plan will be a four story construction and that additional parking will be presented on the first level underneath the building; h. pursuant to the revised concept/site plan as presented this evening and (included in Attachment “B” of this Ordinance); 3. Concept Plan Review Summary No. 3, dated February 26, 2014: Please make the following changes the Concept and/or Site Plans: 2. a. Show, label and dimension the width of the R.O.W. adjacent to the site. b. One 10’ x 50’ loading space is required for the hotel and that space is provided on the west side of the building. Staff recommends adding a loading space on the east side of the building adjacent to the bar and restaurant or show how deliveries to the kitchen and bar area will be made. c. Subdivision Ordinance No. 483, Section 8.01(A), as amended, requires that every lot front on a public or a private street. Council approval of a variance will be required to allow the lot configuration as shown. A variance was granted by City Council. 3. Please move the S-P-2 regulation regarding building articulation to the section for Lot 1. The way the regulation is written, all future buildings would be allowed to not meet the articulation requirements before City Council has a chance to see the proposed elevations (corrected in the S-P- 2 regulations). 4. Revise the parking provided for Lot 1 in the Site Data Summary Chart on the Concept Plan to 212 spaces. 5. Revise the office square footage in the first paragraph of Section 2.2 of the TIA (48,000 s.f. should be 96,000 s.f.). The square footage is correctly shown in Table 1 –Trip Generation Summary just below the paragraph. 6. Please make the following changes with regard to easements: a. Label the existing common access easement on Lots 6R and 7R, Block 1, Mesco Addition as shown on the plat recorded as Instrument No. D211037987, Plat Records, Tarrant County, Texas. 7. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The proposed driveway onto E. SH 114 does not meet the minimum 250 feet of spacing (60 feet shown) from an approved driveway and common access easement located on Lot 7R, Block 1, Mesco Addition (case ZA96- Case No. Attachment G ZA15-032 Page 21 109). The driveway/common access easement on Lot 7R1, Block 1 is labeled to be abandoned. Prior to issuance of a permit for the proposed driveway on SH 114, a copy of the executed and recorded instrument(s) for the off-site and on-site common access easements and agreement to abandon the common access easement and driveway on the approved Lot 7R, Block 1, Mesco Addition (case ZA96-109) must be provided. 8. Revise the renderings and/or the Concept and Site Plans so that the landscaped and sidewalk areas adjacent to the hotel entrance match. The renderings are showing a landscaped area where a paved area is shown on the Concept and Site Plans. Tree Conservation Comments: 1. The submitted Development Regulations propose that the western property line adjacent to the multi-family residential lots will be screened with a vegetated screening of: existing plant material, required plantings within the buffer and additional large shrubs and accent trees planted within the bufferyard. There are a significant amount of existing trees and associated vegetation along the west and north property lines. Identify these trees and designate if they will be preserved, removed, considered marginal, and show how the proposed west bufferyard landscaping will be integrated with the existing vegetation. 2. The Preliminary Grading Plan shows that the McPherson Branch Creek on Lot 6 is proposed to be graded and improved. There is one large Post Oak tree on the back of Lot 7R, Block 1, Mesco Addition that might be on the Kimball Park, Lot 6 property. The proposed grading and south access drive look like they may alter the existing tree. Please locate and identify this tree on the submitted plans. Interior Landscape and Bufferyard Comments: 1. Some of the parking lot islands measure less than 12’ in width from back-of-curb to back-of-curb. Parking lot 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. 2. No bufferyard is proposed along the east property line of Lot 6 in the Summary Chart, but a bufferyard is shown on the concept plan. The east bufferyard along the east property line of Lot 6 is required to be a 5’ – A, adjacent to the commercial and office properties , and a 10’ – E along North Kimball Avenue. Include an S-P-2 regulation if a bufferyard will not be provided. 3. Some of the Bufferyards on the Concept Plan and the Bufferyard Summary Charts do not match. 1. Lot 3, west bufferyard is required to be a 10’ – B, and is labeled 10’ – C on the Concept Plan, and 5’ – A in the Bufferyard Summary Chart. 4. The parking lot landscape islands are required to contain at least the minimum of the required canopy tree as shown along with shrubs, Case No. Attachment G ZA15-032 Page 22 ground cover, ornamental grasses, seasonal color or a combination of these plant materials. Turf grass is not acceptable vegetation within the parking lot landscape islands. Public Works/Engineering Review General Comments: 1. Please provide an updated traffic impact analysis. Preliminary Utility Comments: 7. No 90º bends, use 2-45º bends. 8. All waterlines to be public and in easements. 9. 12” waterline not on the City’s Master Water Plan, therefore no city participation in upsizing. 10. Any sanitary sewer lines crossing lot lines will need to be public and contained in easements. 11. Extend SS-1 west to property line. 12. Extend SS-4 to west property line. Planning and Zoning Commission Motion for Ordinance No. 480-657a: April 23, 2015; Approved (5-0) subject toSite Plan Review Summary No. 1, dated April 16, 2015, subject to the following: 1. Staff report dated April 17, 2015, approving each of the proposed changes as presented; 2. Noting for the record the applicant’s willingness to get with Commissioner Springer to explore alternate options to the louver window issue and cooling towers; 3. Noting the applicant’s willingness prior to coming to Council to prepare a rendering of the entryway so they can see the difference between the approved two story height versus the twelve foot height that is being proposed; 4. Noting the applicant’s willingness to try to match the proposed entry feature at the front of the hotel with the entry at the conference center entrance. st City Council 1 Reading Motion for Ordinance No. 480-657a: May 19, 2015; Approved (7-0) subject to the staff report dated May 12, 2015 and also the Site Plan Review Summary No. 1, dated April 16, 2015, also noting that all other regulations associated with Zoning Case ZA13-135 shall remain in place and only the revisions to Zoning Case ZA13-135 that are presented this evening and approved will be considered, also noting that prior to the next reading, the applicant will come forward with the following additional information; 1. Regarding the architectural band element that was on the prior site plan, to reintegrate that into the design for an alternative to see again: 2. Regarding the cantilever porte cochere, present additional design options showing less column or masonry features for better visibility into the building or possibly incorporating more columns with the parking island: Case No. Attachment G ZA15-032 Page 23 3. Bringing forth more information on the proposed polycarbonate material and/or other options for the roofing material. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable 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. Case No. Attachment G ZA15-032 Page 24 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or 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 post the proposed Case No. Attachment G ZA15-032 Page 25 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 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. stth PASSED AND APPROVED on the 1 reading the 19 day of May, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the ________ day of ________, 2015. ________________________________ MAYOR ATTEST: Case No. Attachment G ZA15-032 Page 26 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA15-032 Page 27 EXHIBIT “A” Being described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 15.518 acres, and more fully and completely described below: Case No. Attachment G ZA15-032 Page 28 Case No. Attachment G ZA15-032 Page 29 EXHIBIT “B” Reserved for approved plans Case No. Attachment G ZA15-032 Page 30