Department of Planning & Development Services

Transcription

1 Department of Planning & Development Services S T A F F R E P O R T October 12, 2015 CASE NO: PROJECT: ZA Zoning Change & Site Plan for Zoe s Kitchen Awnings at Kimball Crossing EXECUTIVE SUMMARY: REQUEST DETAILS: Zoe s Kitchen is requesting approval of a Zoning Change and Site Plan from S-P-1 Detailed Site Plan District to S-P-1 Detailed Site Plan District for Zoe s Kitchen at Kimball Crossing on property described as Lot 1, Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing, additions to the City of Southlake, Tarrant County, Texas and located at 2171 and 2175 E. Southlake Blvd., Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 8. The applicant is requesting approval of a Zoning Change and Site Plan for Zoe s Kitchen in Kimball Crossing to change their awnings on the north and east sides of the building from a dark gray color to the multi-color striped awnings that are used at their other locations. City Council approved a Zoning Change and Site Plan for Kimball Crossing on September 6, The development includes a 20,150 square foot strip retail/restaurant building with areas for patio dining on the north (front) exterior of the building. Some of the paint and awning material approved for the building match that of the existing Ethan Allen building to the west, specifically the cornice style and color at the top of the parapet and one of the three approved awning colors, which is a dark gray color. The other two awning colors approved for Kimball Crossing are red and blue. A Master Sign Plan was for Kimball Crossing was approved by City Council on February 7, 2012 with the following stipulations for Zoe s Kitchen signs: This approval is limited to the monument sign and the sign for Zoe s Kitchen only. All other signage, if non-conforming to the city sign ordinance, will need separate variance approval. Zoe s sign approved for western end cap and storefront with 30 inch max letter height; the two dots above the e (logo) are approved as shown (36 inch height). The awning for Zoe s specifically approved as black (dark gray) in color. The background color for Zoe s attached signs specifically approved as burnt orange as presented by the application. ZA Page 1

2 The black (dark gray) awing for Zoe s Kitchen was specified in the motion for approval of the signs for Zoe s Kitchen because City Council was concerned that the burnt orange color in the attached signs would clash with the other two approved colors for Kimball Crossing, which are red and blue. No other changes to the previously approved plans are proposed. All previous conditions of approval remain in effect. ACTION NEEDED: Consider 1 st reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN Report dated September 22, 2015 (D) Plans and Support Information Link to PowerPoint Presentation (E) Surrounding Property Owners Map (F) Ordinance No b (G) Half Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) Richard Schell (817) ZA Page 2

3 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY ADDRESS: PROPERTY DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: HISTORY: Greenway-1709/Eleven Partners and Ethan Allen Retail, Inc. Zoe s Kitchen 2171 and 2175 & E. Southlake Blvd Lot 1, Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing Retail Commercial S-P-1 Detailed Site Plan District with C-3 General Commercial uses & regulations. September 1989: Zoning on the property was placed by the City with approval of Zoning Ordinance No November 12, 2001: A Plat Showing was approved by the City for Lot 3, J.A. Freeman No. 529 Addition July 16, 2002: City Council approved a change of zoning and site plan to S-P- 1 zoning August 1, 2006: City Council approved the existing S-P-1 zoning and site plan for the Ethan Allen furniture store and a conceptual 6,988 square foot retail building pad site as well as a Plat Revision for Lots 1 & 2, Block 1, Ethan Allen 1709 Addition. A Zoning Change and Site Plan (ZA11-025) for Kimball Crossing was approved September 6, A Master Sign Plan for Kimball Crossing was approved by City Council on February 7, 2012 with the following conditions: Monument sign approved as presented changing address number height to 8. All panels will have white background and choice of branding unique to each business. This approval is limited to the monument sign and the sign for Zoe s Kitchen only. All other signage, if non-conforming to the city sign ordinance, will need separate variance approval. Zoe s sign approved for western end cap and storefront with 30 inch max letter height; the two dots above the e (logo) are approved as shown (36 inch height). The awning for Zoe s specifically approved as black in color. The background color for Zoe s attached signs specifically approved as burnt orange as presented by the application. TREE PRESERVATION: CITIZEN INPUT/ BOARD REVIEW: No trees will be affected by the current proposal. A SPIN meeting was held on September 22, The SPIN report of that Attachment A ZA Page 1

4 meeting is included in Attachment C of this report. PLANNING AND ZONING COMMISSION: September 17, 2015; a motion to deny this request was approved (6-0). STAFF COMMENTS: Due to the limited scope of this proposal, no review comments were prepared. Attachment A ZA Page 2

5 Attachment B ZA Page 1

6 Attachment C ZA Page 1

7 Attachment C ZA Page 2

8 Attachment C ZA Page 3

9 Attachment C ZA Page 4

10 Attachment C ZA Page 5

11 Attachment C ZA Page 6

12 Attachment C ZA Page 7

13 Attachment C ZA Page 8

14 S-P-1 Development Regulations Attachment D ZA Page 1

15 Attachment D ZA Page 2

16 Site Plan Attachment D ZA Page 3

17 Rendering of Proposed Zoe s Kitchen Awnings Attachment D ZA Page 4

18 Previously Approved Kimball Crossing Elevations Proposed Kimball Crossing Elevations with Zoe s Awnings Zoe s Kitchen Awning Attachment D ZA Page 5

19 Elevations with Proposed Zoe s Awnings Attachment D ZA Page 6

20 Proposed Awnings Attachment D ZA Page 7

21 Previously Approved Materials for Kimball Crossing Zoning ZA Approved September 6, 2011 Attachment D ZA Page 8

22 Surrounding Property Owners Kimball Crossing SPO # Owner Zoning Property Address Acreage Response 1. Inland Western Slake Corners K C3 200 N KIMBALL AVE NR 2. Wendys International Inc C E SOUTHLAKE BLVD 0.79 NR 3. Spc Kimball Oaks Ltd SP E SOUTHLAKE BLVD 0.91 F 4. Ethan Allen Retail Inc SP E SOUTHLAKE BLVD 2.06 NR 5. Eqyinvest Owner II Ltd Llp C E SOUTHLAKE BLVD 7.37 NR 6. Gateway Church CS 2121 E SOUTHLAKE BLVD NR 7. Spc Kimball Oaks Ltd SP E SOUTHLAKE BLVD 8.48 F 8. Greenway-1709 Eleven Partners B E SOUTHLAKE BLVD 8.11 NR 9. Greenway-1709 Eleven Partners SP E SOUTHLAKE BLVD 3.04 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received: One (1) Attachment E ZA Page 0

23 Attachment E ZA Page 1

24 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO b AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ETHAN ALLEN 1709 ADDITION AND LOT 1, BLOCK 1, KIMBALL CROSSING, ADDITIONS TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM S-P-1 DETAILED SITE PLAN DISTRICT TO S-P-1 DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT B, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as S-P-1 Detailed 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 ZA Page 1

25 glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning 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 ZA Page 2

26 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. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, 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 Lot 1, Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing, additions to the City of Southlake, Tarrant County, Texas, according to the plats filed in Cabinet A, Slide and as Instrument No. D respectively, Plat Records, Tarrant County, Texas, being approximately acres, and more fully and completely described in Exhibit A from S-P-1 Detailed Site Plan District to S-P-1 Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following specific conditions: ZA Page 3

27 Conditions of approval for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 4

28 1. Approving that the site shall adhere to the C-3 General Commercial District uses and development regulations to exclude the following C-3 uses: taverns, clubs, golf driving range, and theatre; 2. Granting the requested variance for a driveway stacking depth of ±53 feet; 3. Granting the requested variance for driveway spacing for right-in/right-our drives of ±237 feet; 4. Granting the requested variance for driveway spacing for full-access drives of ±490 feet; 5. Granting relief to the staff recommendation by allowing the drive lane as proposed by the applicant based on the applicant s agreement to provide one for one tree mitigation; 6. Noting that a landscape plan for Lot 2 will be brought forward with a site plan for that lot; 7. Subject to the addition of 85 caliper inches of tree mitigation on Lot 2 from what would otherwise be required; 8. Adding right-in/right-out signs at the right-in/right-out driveway; 9. Requiring a berm of a minimum of two feet between the parking and the sidewalk on FM 1709 to help screen the parking; 10. Subject to there being no signage or logo on the awnings; 11. Requiring the full access drive across Lot 2 will be constructed in conjunction with the development of Lot 1; 12. Subject to the following comments of the Site Plan Review Summary No. 5, dated July 26, 2006: a. Correctly show and label the required bufferyards along lot lines. A 5 Type A bufferyard is required along the south lot line for both Lots 1 & 2. A 5 Type A bufferyard is also required along the east lot line of Lot 2. b. Correct the south and west bufferyards for Lot 2 in the Bufferyard Calculation Chart. The required bufferyards are 5 Type A. c. Two of the proposed medians in the south parking area of Lot 1 are smaller than the minimum requirement of 12 in width. Planter islands shall have a minimum width of 12 back-to-back if curbed or 13 edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. d. Label the stacking depth for the proposed right-in/right-out drive. Correct the stacking depth labeled for the full-access drive on the adjacent property to the east. Staff measured a stacking depth of ±53. e. Provide the minimum stacking depths required for all lots. The minimum depth required is 75. (A variance has been requested.) The easternmost drive currently provides a stacking depth greater than the minimum depth required. ZA Page 5

29 However with construction on the adjacent lot, the stacking depth would be insufficient. The applicant will be required to meet minimum stacking depths unless a variance is approved. f. Label the spacing between the proposed full-access drive and to the nearest drive to the east on E. Southlake Blvd. g. Correctly show the right-in/right-out driveway in front of Lot 2 per City design guidelines. TxDOT has more restrictive regulations for driveways on state highways. The applicant is responsible for approval from TxDOT for the proposed drives. h. Provide the typical dimensions for all parking and loading spaces. The minimum dimensions are 9 x 18 for parking spaces and 10 x 50 for loading spaces. i. Lot 2 is currently shown to be over-parked which will require tree mitigation. j. Update the Site Data Summary Chart to include calculations for the Total. k. Label the height and type of screening for the proposed trash dumpster enclosures. ZA Page 6

30 Conditions of approval for Ordinance No a (Zoning ZA11-025) Approved August 1, 2011 ZA Page 7

31 1. Subject to the Planning & Zoning recommendation regarding the connection to Ethan Allen property at the southeast corner of the property; 2. Approving the three variances for the driveway stacking, driveway spacing and driveway spacing between right-in and right-out drives; 3. Regarding the architectural embellishments on the front façade of the building, the applicant will have at least a 3 top cornice between bays 3 and 4, 5 and 7, and 9 and 10 ; the City will waive the masonry requirement for architectural embellishment for the top 3 (A 3 EIFS cornice is shown on the attached north elevation in the areas specified by the bay numbers above. The columns have been renumbered to bay 2 and between bays 4and 5 and 6 and 7). 4. The trellis will not have visible I-beams, support structures (cross members) will be of a solid square material with a wood fascia; 12 height limitation on the trellis structures and no more than 60% of the front façade coverage with trellises; a minimum of 10 masonry construction on the trellis support columns is required; (the trellis examples on the elevations presented to City Council at 2 nd reading have been removed on the attached elevations); 5. Pursuant to site plan review summary No. 3, dated July 15, 2011 and staff report dated August 31, 2011: a. Drive lanes, placement of parking spaces and other improvements need to be placed in accordance with dedicated common access easements such that cross access from adjoining properties is provided. (The applicant proposes abandonment of the existing CAE s extending east-west along the south portion of the property.) b. The 16 x 16 AREA HELD OPEN FOR FUTURE TRAIL AMENITIES is within a 16 Pedestrian Access Easement. The City of Southlake has requested and the applicant has agreed this area to be held for the future installation of trail amenities by the City of Southlake pursuant to the ZA Page 8

32 2007 Major Corridors Urban Design Plan. c. During the previous Site Plan approval the following City Council motions were made regarding the required landscaping for Lot 2. i. Lot 2 is subject to the addition of 85 caliper inches of tree mitigation from what would otherwise be required. The 85 inches of required tree mitigation has been provided in the form of additional 4 canopy trees within the south portion of the interior landscape and the rear parking lot islands. ii. Requiring a berm of a minimum of two feet high between the parking and the sidewalk along FM 1709 to help screen the parking. Two, two foot high berm sections have been provided in the west portion of the north bufferyard. The berm is not continuous across the north bufferyard because the grade change would affect the existing trees proposed to be preserved. d. Please look at the Water & Wastewater Plan and design the landscaping accordingly. A Red Oak and ground cover are proposed within the parking lot landscape island that contains the fire suppression vault and associated water lines, and another Red Oak is proposed within the parking lot landscape island that contains electrical transformer on the southeast corner of the building. Please contact the City of Southlake Fire Marshall to discuss alternative locations for the fire suppression vault instead of within the parking lot landscape island. e. In addition to the required and proposed landscaping interfering with the proposed utilities, there are two (2) storm water inlets proposed in the west portion of the north bufferyard that interfere with the required berms within the north bufferyard and the grading plan does not show the grading for the required berms. f. Existing tree credits are proposed to be taken for existing trees proposed to be preserved. Please ensure that the existing trees proposed to be preserved and taken credit for are in healthy condition and worthy of preservation and taking existing tree credits towards the required landscaping. ZA Page 9

33 Conditions of approval for Ordinance No b (Zoning ZA15-101) 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. 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. ZA Page 10

34 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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. ZA Page 11

35 PASSED AND APPROVED on the 1st reading the day of, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ZA Page 12

36 EXHIBIT A Being described as Lot 1, Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing, additions to the City of Southlake, Tarrant County, Texas, according to the plats filed in Cabinet A, Slide and as Instrument No. D respectively, Plat Records, Tarrant County, Texas and being approximately acres. ZA Page 13

37 EXHIBIT B Site Plan for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 14

38 Elevations for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 15

39 Elevations for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 16

40 Rendering for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 17

41 Tree Conservation Plan for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 18

42 Landscape Plan for Ordinance No (Zoning ZA06-040) Approved July 1, 2006 ZA Page 19

43 Site Plan for Ordinance No a (Zoning ZA11-025) Approved September 6, 2011 ZA Page 20

44 Elevations for Ordinance No a (Zoning ZA11-025) Approved September 6, 2011 ZA Page 21

45 Elevations for Ordinance No a (Zoning ZA11-025) Approved September 6, 2011 ZA Page 22

46 Landscape Plan for Ordinance No a (Zoning ZA11-025) Approved September 6, 2011 ZA Page 23

47 Tree Conservation Plan for Ordinance No a (Zoning ZA11-025) Approved September 6, 2011 ZA Page 24

48 Materials for Ordinance No a (Zoning ZA11-025) Approved September 6, 2011 ZA Page 25