Department of Planning & Development Services

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1 Department of Planning & Development Services S T A F F R E P O R T September 20, 2016 CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: ZA Zoning Change & Site Plan for Park Village Excel Southlake 1 LP is requesting 1 st reading approval of a Zoning Change and Site Plan for Park Village on property described as Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of Southlake, Tarrant County, Texas, and located at 1035 E. Southlake Blvd. and 300 S. Carroll Ave., Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S- P-1" Detailed Site Plan District. SPIN Neighborhood #9. This project is located at the southwest corner of E. Southlake Blvd. and S. Carroll Ave. The purpose of this item is to seek 1 st reading approval of a Zoning Change and Site Plan from S-P-1 Detailed Site Plan District to S-P-1 Detailed Site Plan District to revise the previously approved Landscape Plan for Park Village. The Park Village development has developed site drainage problems resulting from the ground level open planting beds adjacent to the buildings and tree wells along the sidewalks throughout the development. To mitigate the drainage problem, the applicant is proposing to replace at grade planting beds within 20 of a building with self-contained raised planters and tree wells. Where adjacent to a building, planters will be built and clad with the same masonry finishes as those that currently exist at that specific building elevation. Existing trees within 20 of a building are to be removed and replaced with Savannah Hollies in concrete / glass fiber reinforced concrete planters. The only difference regarding the required interior landscaping is that thirty-three (33) of the required canopy trees are proposed to be replanted with thirty-three (33) Savannah Holly trees, which are considered an accent tree. The proposed Savannah Hollies are an evergreen tree and are to be approximately tall and 4-6 wide when planted. Once installed inside the planters, they will stand approximately in height above the existing grade of the sidewalks. Lorapetalums will also be added to the above ground planters with the accent trees. No other changes to the approved S-P-1 Detailed Site Plan District are requested and all previous conditions of approval remain in effect. The Planning and Zoning Commission placed the following conditions on their recommendation for approval at the August 18, 2016 meeting: Case No. ZA Page 1

2 P & Z Condition of Approval Bring or provide staff with the geotechnical report or reports that are generated by third parties, detailing and verifying that the underlying issue needs to be corrected by above ground planters. Applicant s Response The geotechnical reports contain privileged information, so the applicant has arranged for a geotechnical engineer to be present at the meeting on September 20, A link to affidavits from a related court case has been added. Complete the planters, if approved, within a six month time period. The applicant has agreed to this stipulation. Work with staff on the selection of materials for the planters. The applicant has submitted material exhibits with examples of the proposed above ground planters. Planters adjacent to building are proposed to match the existing masonry façade material and tree planters are proposed to be concrete or glass fiber reinforced concrete. Consider bringing the geotechnical engineer to the next Council meeting to discuss nonprivileged details regarding the analysis The applicant has arranged for a geotechnical engineer to be present at the meeting on September 20, Case No. ZA Page 2

3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO C 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 LOT 1, BLOCK 1 AND LOT 1, BLOCK 2, PARK VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, 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, 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 Case No. ZA Page 3

4 person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. ZA Page 4

5 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 Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of Southlake, 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 Zoning District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit B, and subject to the following conditions: Case No. ZA Page 5

6 ZONING NARRATIVE AND PROPOSED S-P-1 REGULATIONS AND VARIANCE REQUESTS Park Village Woodmont Land Company Southwest Corner of East Southlake Blvd. and South Carroll Avenue Southlake, Texas Revised January 9, 2014 Project Description: The main project site consists of 19.9 acres of vacant undeveloped land which is currently zoned AG and S-P-2 by Ordinance No (Zoning Case No. ZA08-059), which is defined by the metes and bounds descriptions included. The site is bounded by East Southlake Blvd. on the north, South Carroll Avenue on the east, proposed Zena Rucker Road on the south and proposed Tower Blvd. on the west. Also included in the project site area is a 2.5 acre tract, located at the southwest corner of South Carroll Avenue and proposed Zena Rucker Road, to be used for a Drainage Retention facility. This tract is also vacant and currently zoned AG. The gross area of the site is acres. Our Zoning request is for SP-1 Detailed Site Plan Zoning District with C-3 General Commercial District uses. This site (defined by the attached metes and bounds description) shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480-UU, as amended, as it pertains to Section 22, C-3 General Commercial District uses and regulations. This entire project is to be constructed in one phase including all buildings, water features, other amenities, as well as Tower Boulevard and Zena Rucker Road along the project frontage. Project Amenities will consist of: Water feature at corner of E. Southlake Blvd. & S. Carroll Ave. Pedestrian areas with additional water features, landscape and hardscape amenities. Private park area around retention pond at S. Carroll Ave. & Zena Rucker Road. Sidewalk or 8 walking trails on all perimeter roads. Bicycle stops. Public Art Program. Valet Parking. Surrounding Property Uses are: A. East The Shops at Southlake retail development SP-2 zoning B. South undeveloped RPUD - Medium Density Residential zoning C. West proposed commercial development SP-1 zoning D. North developed across East Southlake SP-1, SP-2 & SF-IA zoning. Existing Site Conditions: Case No. ZA Page 6

7 A. Topography The site slopes down from a high point in the middle of the Southlake Blvd. street frontage, to the south and east (from a high elevation of 655 to an elevation of 621 at the southeast corner). The existing steep topography makes it impossible to preserve existing trees. Existing slopes on the site vary from 4% to 20%, which are grades that are not acceptable as final grades for a retail development of this nature, and makes providing accessible paths very difficult. Our approach will be to plant trees in accordance with the Landscape Ordinance, provide a pedestrian friendly atmosphere, and provide sidewalks, water features and useable open spaces. B. Hydrology the site is undeveloped & the plan is to provide Retention/detention for the difference between the existing condition stormwater runoff and the proposed conditions runoff. The existing drainage pattern is not intended to change in the design. Detention will be provided for the overall site in the 2.5 acre site located at South Carroll & proposed Zena Rucker Road. C. Existing land use vacant undeveloped D. Overhead electric lines exist along the streets on the north and east frontage of the project. These lines will be placed underground with development of the project. Permitted Uses All those uses permitted in the C-3 General Commercial District. The Developer will make application with the City for a Master Sign Plan for the project. This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480-UU, as amended, as it pertains to Section 22, C-3 General Commercial District uses and regulations with the following modifications: Variances Requested: 1. Driveway Stacking Depth the required stacking at driveway entrances is 100 feet. We are requesting variable stacking depths as shown on the Site Plan and as listed below measured from the right of way: Drive A no variance ft. Drive B corresponds to existing north drive to Shops at Southlake to east of Carroll. Drive C no variance ft. (aligns with existing middle drive to Shops at Southlake). Drive D 33 feet (ingress/egress from parking area to Zena Rucker). Drive E 10 feet (ingress/egress from parking area to Tower Blvd.). Drive F 10 feet (ingress/egress to service area to Tower Blvd.). 2. Driveway Spacing 500 feet is required between the proposed west R.O.W. line of S. Carroll Ave. and the centerline of the main entrance drive on East Southlake Blvd. (approx. 468 feet is provided) and 500 feet is required between the east R.O.W. of proposed Tower Blvd. and the driveway centerline (approx. 448 feet is provided). Case No. ZA Page 7

8 3. Driveway Connections to Tower Blvd. & Zena Rucker Road commercial & service driveways are not permitted on collector streets unless there is no other public access. We are requesting driveways be allowed as shown on the Site Plan & as recommended in the Traffic Impact Analysis by Halff Assoc., Inc. dated June 25, 2012 & revised in response to the City s consultant (Lee Engineering) review on July 12, Driveway widths are proposed as follows: Drive D 30 feet for ingress/egress to the main parking area. Drive E 50 feet for ingress/egress to the main parking area. Drive F 55 feet for service entrance only. 4. Parking Lot Landscape Islands planter islands are required to have a minimum width of 12 feet and shall be equal to the length of a parking space. The parking lot landscape area requirement for this project site is 15 sq.ft. per parking stall. We are requesting that the minimum width of landscape islands be 9 feet, face of curb to face of curb, and that we be allowed to use diamond shaped tree islands, 4 feet by 4 feet to face of curb in limited areas as located and dimensioned on the Site Plan. 5. Lighting Design the lighting ordinance requires that Luminaires on poles over 42 in height and exterior wall mounted fixtures shall be either high pressured sodium lights or neutral or warm correlated color temperature LED lights or other lights giving a similar soft lighting effect. We are requesting to be allowed to use high pressured sodium for pedestrian scale lights in sidewalk areas only and metal halide for parking areas and wall mounted lights. The proposed metal halide luminaires will meet the same requirements for correlated color temperature LED lights required by the ordinance and will be installed as shown on the Photometrics Plan by WLS Lighting included in the Site Plan submittal. Case No. ZA Page 8

9 Development Regulations 1. Proposed Park Village Parking Tabulation Case No. ZA Page 9

10 Parking Standards and Demand. The fact that a customer usually visits several stores during a single shopping trip and the rate of turnover of the spaces distinguish parking requirements for shopping centers from those of freestanding commercial enterprises. Parking standards are expressed as a parking ratio the number of parking spaces per 1,000 square feet (93 square meters) of GLA in a shopping center. GLA is a known and realistic factor for measuring the adequacy of parking provisions in relation to retail use. Based on a comprehensive study of parking requirements for shopping center conducted by ULI and the International Council of Shopping Centers in 1999, the following base parking standards are recommended for a typical shopping center today: Four spaces per 1,000 square feet (93 square meters) of GLA for centers with a GLA of fewer than 400,000 square feet (37,175 square meters) The parking ratios presented above apply to centers that have no more than 10 percent of their GLA occupied by restaurants, entertainment venues, and/or cinema space. For centers where these uses occupy 11 to 20 percent of GLA, a linear incremental increase of.03 space per 1,000 square feet (93 square meters) for each percent above 10 percent is recommended. 1 Our proposal reflects a restaurant percentage to the total size of 18.21%; therefore, the Center should have an overall parking ratio of 4.24 parking spots. ([18.21% 10%] = 8.21 x.03 = = 4.24) 1 Retail Development, Fourth Edition by Urban Land Institute ULI Development Handbook Series, Copyright 2008, (Chapter 4. Planning and Design, Pages 152, 153) NOTE: No additional parking spaces will be required for outside dining/patio seating. The above building area square footage does not include outside seating areas. 2. Loading Zones a. Loading Spaces (minimum 10 x 50 ) will be provided for individual tenants larger than 10,000 square feet. b. Loading will be provided for typical smaller tenants by using vacant parking spaces outside the fire lane & restricting the deliveries to off-business hours. 3. Buildings A, F, F2, J, K, L, M, N and O shall be allowed to have outdoor seating for restaurant related uses in the areas noted on the approved site plan, subject to compliance with city codes and ordinances for outdoor seating. 4. Buildings less than 6,000 square feet shall NOT be required to have a pitched roof as required by the Zoning Ordinance Section 43 Overlay Zones, paragraph a(2). 5. Front, side and rear yards: With the following exceptions, no front, side or rear yard setback is required: a. Buildings along Southlake Boulevard shall maintain a minimum thirty five (35 ) foot setback from the existing right of way line before additional dedications for turn lanes (as dimensioned on the Site Plan); Case No. ZA Page 10

11 b. Buildings along Tower Boulevard shall maintain a minimum fifteen (15 ) foot setback; c. Buildings along the South Carroll Avenue shall maintain a twenty five (25 ) foot setback from the proposed right of way after additional dedications for street widening and required turn lanes (as dimensioned on the Site Plan); d. Buildings along Zena Rucker Road shall maintain a twenty five (25 ) foot setback. e. No interior building setbacks to interior lot lines will be required if the property is subdivided in the future. 6. Front, side and rear bufferyard: with the following exceptions, no front, side or rear bufferyard is required: a. A twenty (20 ) foot bufferyard (TYPE O ) shall be provided along Southlake Boulevard; b. A ten (10 ) foot bufferyard (TYPE B ) shall be provided along Tower Boulevard; c. A ten (10 ) foot bufferyard (TYPE E ) shall be provided South Carroll Avenue; d. A ten (10 ) foot bufferyard (TYPE B ) shall be provided along Zena Rucker Road. e. No interior bufferyards along interior lot lines will be required if the property is subdivided in the future. 7. Impervious coverage for the overall site plan area (22.48 acres within this SP-1 district) with the Retention pond area included shall not exceed 75%. There shall be no maximum impervious coverage for individually platted lots within the overall site plan. 8. An 8 wide multi-use trail is proposed along the south side of Zena Rucker Road. As indicated on the Site Plan, the portion of the 8 multi-use trail along the frontage of the residential property to the south of Zena Rucker Road will be constructed when that property is developed. The portion along the Retention pond parcel lot will be constructed with this project. 9. All curb cuts into E. Southlake Boulevard are subject to approval by TxDOT. The Deceleration lane at the main entry drive along with appropriate ROW dedications to maintain parkway widths will be required with the construction of the driveway/street cuts along E. Southlake Boulevard. 10. Deceleration lanes that are recommended in the Traffic Impact Analysis (by Halff Associates, Inc.) along the street frontage of this project along East Southlake Blvd. and South Carroll Avenue will be constructed with this project. The South Carroll Avenue configuration for widening and turn lanes will be based on Scenario 3 of the City of Southlake 2030 Mobility Plan & the report prepared by Kimley-Horn & Assoc., Inc. dated October 2, Case No. ZA Page 11

12 11. Building Articulation Building articulation is required in accordance with the Corridor Overlay Zone, in the Zoning Ordinance, Section No. 43, per Exhibit 43-A. We are requesting that horizontal and vertical articulation shall be permitted as shown on the site plan and building elevations included in the Site Plan submittal. 12. Building Façade Materials - Building facade materials are allowed as shown on the elevations. 13. Masonry Ordinance we request a Variance to the Masonry Ordinance No. 557, as amended, to allow the building facade materials as shown on the elevations. Case No. ZA Page 12

13 LETTER REQUESTING TO AMEND LANDSCAPE PLAN SUBMITTED APRIL 24, 2014 Case No. ZA Page 13

14 Motions for Ordinance No : Planning and Zoning Commission motion at September 9, 2013 meeting: Approved (6-0) subject to Site Plan Review Summary No. 3 and Staff Report dated September 13, 2013 with the following stipulations; 1. The Village area will have pavers or integral color concrete; 2. The large fountain feature at Carroll Avenue and 1709 will be a minimum of eighty-five (85) feet across (revised in the City Council 1 st reading motion to a minimum size of 3,000 square feet, which is shown as an oval with dimensions of 70 feet by 55 feet in the applicant s presentation at City Council 2 nd reading included in Exhibit B ).; 3. The small fountain feature within the Village area adjacent to Building N will be a minimum of 600 square feet (shown in the applicant s presentation in Exhibit B as a square dimensioned at 25 feet by 25 feet); 4. The applicant prior to going to City Council will address the screening on the roofs for the mechanical equipment and will have a detail with respect to parapets; 5. This will be one phase construction and the entire project must be completed within 120 days of the initial issuance of a certificate of occupancy or temporary certificate of occupancy for any building in the project (revised in the City Council 1 st reading motion to follow the schedule presented at 2 nd reading in the applicant s presentation included in Exhibit B ); 6. The living room area, which is the area in the Village area between Buildings N and O, will be the only area that will have overhead strung lights as depicted in the rendering; 7. The applicant will address the safety features along the pedestrian access in front of the fountain feature at the corner of 1709 and Carroll Avenue and will be ready to report to Council regarding their discussion with TXDOT concerning placing hardscape into the right-of-way; 8. The decorative architectural lighting features and also amenities, such as the custom benches, and fire pits, will be substantially similar to what has been presented in the renderings; 9. Noting the applicant s willingness to incorporate Village features into the Rim area buildings; 10. That Building Tower Road and Zena Rucker Blvd is part of the phasing stipulation mentioned earlier; 11. Including a requirement that improvements needed on S. Carroll Avenue adjacent to the project be completed along with the project, subject to the same stipulations; 12. Including a recommendation that variances 1-5 be approved as presented and requested a) Driveway Stacking, b) Driveway Spacing c) Driveway Connections d) Parking Lot Landscape Islands e) Lighting Design. City Council 1 st reading motion at October 1, 2013 meeting: Case No. ZA Page 14

15 Approved 1 st reading (7-0) pursuant to the following: 1. Site plan review summary No. 4, dated September 25, 2013; 2. Accepting Planning and Zoning Commission s recommendations with the exception of items 2 fountain to be a minimum of eighty-five (85) feet across and item 5 completion of amenities package; 3. Prior to next meeting applicant will bring forward the estimated staging and completion schedule to ensure the amenities package will be more fully described to be completed prior to completion of the property as presented; 4. Approval of variances submitted in application driveway stacking depth, driveway spacing, driveway connections to Tower Boulevard and Zena Rucker Road, parking landscape islands and lighting design; 5. Planting box located at southeast corner of Carroll and Zena Rucker shall be stone for lower level and upper portion of the screening wall on Zena Rucker will be brick and wrought iron; 6. Applicant will work with staff to verify the Urban Land Institute (ULI) parking study with respect to the requested parking variance; 7. Applicant will clearly describe the walking surfaces and flatwork in the items referenced in the Rim buildings, which includes A, B, C, D, E, E.2, F and F.2; 8. Request for shade structures and pergolas will not be part of the request and may be provided in conceptual nature and the applicant will come back at a later time for specific approvals for the structures (removed from attached S-P-1 regulations); 9. Sign plans will be approved as a separate item; 10. The fountain size will be a square footage calculation of 3,000 square feet of which the applicant will bring back specific calculations for said fountain to be located at the northeast corner of Carroll and 1709 (shown as an oval with dimensions of 70 feet by 55 feet in the applicant s presentation at City Council 2 nd reading included in Exhibit B ). City Council 2nd reading motion at October 15, 2013 meeting: Approved 2 nd reading (7-0) pursuant to the following stipulations: 1. Revised site plan review summary No. 4, dated October 19, 2013; a. The curb curve radii for fire lanes at drives E and F need to be a minimum 30 or approved by the Fire Marshal. b. Access onto the private property located west of this development must be coordinated with the property owner and shown on the civil construction plans. All access easements shall be negotiated and approved prior to the approval of Civil Construction Plans. For driveways along FM 1709, coordination with TxDOT shall be required. c. Currently, Driveway E on Tower Blvd. does not align with the Tower Plaza driveway as shown on the approved Tower Plaza site plan, which increases the potential for left turn traffic conflicts at this location. The applicant is working with the developer of Tower Plaza to relocate their drive to align with the Southlake Park Village drive. 2. With the addition of the common area architectural enhancements provided to staff in a document dated October 11, 2013, noting the document being a material Case No. ZA Page 15

16 part of the motion (included in Exhibit B ); 3. Applicant will provide a $4.75 million letter of credit from a commercial bank acceptable to the City of Southlake with terms and conditions per drawing, subject to final negotiations between the City Manager, City Attorney and the applicant, pursuant to the performance required to complete the common area architectural enhancements provided to the City and the applicant will execute a right of access approved by the City Attorney to allow the City to access the property if the City has to construct the common area architectural enhancements; 4. Screening wall along Zena Rucker Road will be consistent with the applicant s presentation this evening (included in Exhibit B ); 5. The percentage of restaurants GLA to total project GLA will be limited to 18%, which will be pursuant to the ULI methodology in the applicant s presentation this evening (included in the S-P-1 regulations above); 6. The overall quality and descriptions in amenities and presentations to the City are a material part of this motion; 7. The materials contained in the tower (part of the amenities architectural enhancements provided to City) will be of metal construction; 8. Bollards along Carroll and FM 1709 as presented to the City as part of the landscape package will be installed before any certificates of occupancy are issued for the buildings known as the Village Buildings; 9. Applicant will work with staff to incorporate within the general contract for completion of the construction overall restrictions regarding the delivery of materials and preferred routes with specific regards to school zones and safety for the residents of Southlake (included in Exhibit B ); 10. Subject to the following variances: (1) driveway stacking; (2) driveway spacing: (3) driveway connections to Tower Boulevard and Zena Rucker Road; (4) parking lot landscape islands; and (5) lighting design; 11. And subject to the first reading of the ordinance and the Planning and Zoning Commission recommendations. Motion for Ordinance No a (Landscape Plan Revisions): City Council 2 nd reading motion at May 20, 2014 meeting: May 20, 2014; Approved at 2 nd reading (6-0) pursuant to the Landscape Plan Review Summary No. 3 dated April 11, 2014 with the following additions; 1. Noting that the applicant has included eight pond cypress trees along the living room area in the site plan. The Pond Cypress will not be an approved species in those locations and will work with staff to find a suitable native type species that will survive adequately in those locations (Pond Cypress changed to High Rise Live Oaks on the attached Landscape Plan); 2. Caliper inches for 100% of the canopy trees will be changed to 4 inches (All canopy trees are shown as 4 caliper on the attached Landscape Plan); 3. Approving the enhanced pavement along the living room area to include a full drive lane from Southlake Boulevard to Carroll; will be consistent with the color palette in the remaining portion of the northeast quadrant otherwise known as the living room (Enhanced pavement of full drive lane Case No. ZA Page 16

17 from Southlake Boulevard to Carroll is shown on the attached Landscape Plan) ; 4. Regarding the encroachment and the approval of the variance into the eight foot setback, affirming that they will be maintained to a seven foot clear height to the extent that they encroach and also a fourteen foot clear height along the roadway and noting the un-obscured and clear sight lines and all visual locations on the property; 5. All previous stipulations, variances and approvals from prior applications will remain in effect. 6. Landscape Plan Review Summary No. 3 dated April 11, 2014: 1. Show the property boundaries (bolded), sidewalks, bufferyards (hatched), etc. exactly as they are shown on the Council approved site plan submitted with the building permit (Sheet SP-1) and relocate landscape as needed. 2. Show the terraced retaining wall along S. Carroll Ave. and wrapping around to the drive on Zena Rucker Rd. to exactly match the site plan that was approved with the building permit (Sheet SP-1) and the renderings approved by City Council and relocate landscape as needed. 3. Show the articulated screen wall along Zena Rucker Rd. exactly as it is shown on the approved site plan and that was submitted with the building permit (Sheet SP-1) and the renderings approved by City Council and relocate landscape as needed. 4. Revise the symbols for the Little Gem Magnolias on the color landscape plan to match the legend. 5. Cedar Elm is an acceptable canopy tree if they are provided as container grown trees. We recommend that an additional species be provided in place of some of the Cedar Elms. 6. Relocate any trees within any of the right-of-way site triangles to behind the site triangle. 7. Provide the site lay out as shown on the City Council approved Site Plan, including the sidewalks. 8. Avoid placing the trees within designated utility easements, and within 10-feet of any fire hydrant. Planting a tree within a designated utility easement or within 10 of a fire hydrant is a violation. Motion for Ordinance No b Building K (Gloria s Latin Cuisine) Patio Elevation Revisions: Case No. ZA Page 17

18 City Council 2 nd reading motion at October 21, 2014 meeting: October 21, 2014; Approved at 2 nd reading (7-0) subject to the Site Plan Review Summary No. 1 dated September 12, 2014 and the staff report dated September 30, 2014 and noting the bullet points in the staff report dated September 30, Motion for Ordinance No c (Landscape Plan Revisions): September 20, 2016; Approved at 1 st reading (6-0) subject to the staff report dated September 20, 2016 and Revised Site Plan Review Summary No. 2, dated September 20, 2016 and noting the following; approving the landscape plan as presented and noting that at second reading the applicant will provide additional information on the type of tree planters to be utilized including the style, materials, color height, width and possibly a ledge for seating feature, also noting that these 33 Savannah Holly trees will be at least 12 tall at the time of planting and once installed in the planters they will stand approximately 14 above the existing grade of the sidewalks, also noting that no trees will be removed until the applicant is ready and able to replace those trees with planters. 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 Case No. ZA Page 18

19 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. 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 Case No. ZA Page 19

20 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the 20 th day of September, MAYOR ATTEST: CITY SECRETARY Case No. ZA Page 20

21 PASSED AND APPROVED on the 2 nd reading the day of, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA Page 21

22 EXHIBIT A Being described as as Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of Southlake, Tarrant County, Texas and being approximately acres according to the plat recorded as Instrument No. D , Plat Records, Tarrant County, Texas. Case No. ZA Page 22

23 EXHIBIT B Reserved for Revised Landscape Plan Please see Ordinance No B for Previously Approved Exhibits Case No. ZA Page 23

24 ZA Zoning Change and Site Plan Park Village Landscape Plan

25 ZA Owner/ Applicant: Request: Excel Southlake I LP Zoning Change and Site Plan from S-P-1 Detailed Site Plan District to S-P-1 Detailed Site Plan District to to revise the previously approved Landscape Plan for Park Village. Location: Generally located at the southwest corner of E. Southlake Blvd. and S. Carroll Ave.

26 Aerial View

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29 Approved Site Plan

30 Proposed Changes Replace the planting beds with self-contained raised planters and tree wells. 33 of the required canopy trees are proposed to be replanted with 33 Savannah Holly trees, which are considered accent trees. The proposed Savannah Hollies are an evergreen tree and are to be approximately tall and 4-6 wide when planted. The Little Gem Southern Magnolias are shown to be 45 gallon trees at planting. Once installed inside the planters, the hollies will stand approximately in height above the existing grade of the sidewalks. Additional in-ground plantings at various locations throughout the development will also be removed and replanted in above-ground planters.

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32 Existing At Grade Planter

33 Existing Above Grade Planter

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36 New Vitexes in planters to replace existing Crape Myrtles New Little Gem Southern Magnolias in planters to replace existing Magnolias

37 New Little Gem Southern Magnolias in planters to replace existing Little Gem Southern Magnolias

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39 REI

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43 Canopy trees away from buildings to remain in wells

44 Changes per P & Z Commission Motion P & Z Condition of Approval Bring or provide staff with the geotechnical report or reports that are generated by third parties, detailing and verifying that the underlying issue needs to be corrected by above ground planters. Applicant s Response The geotechnical reports contain privileged information, so the applicant has arranged for a geotechnical engineer to be present at the meeting on September 20, A link to affidavits from a related court case has been added. Complete the planters, if approved, within a six month time period. The applicant has agreed to this stipulation. Work with staff on the selection of materials for the planters. Consider bringing the geotechnical engineer to the next Council meeting to discuss nonprivileged details regarding the analysis The applicant has submitted material exhibits with examples of the proposed above ground planters. Planters adjacent to building are proposed to match the existing masonry façade material and tree planters are proposed to be concrete or glass fiber reinforced concrete. The applicant has arranged for a geotechnical engineer to be present at the meeting on September 20, 2016.

45 Proposed Tree Planter Exhibits

46 Planning and Zoning Commission August 18, 2016; Approved (4-0) subject to the staff report dated August 11, 2016 and Site Plan Review Summary No. 2, dated August 11, 2016 noting the applicant s willingness to bring or to provide staff with the geotechnical report or reports that are generated by third parties, detailing and verifying that the underlying issue needs to be corrected by above ground planters, also noting the applicant s willingness to complete, if approved, within a six month time period, also noting the applicant s willingness to work with staff on the selection of materials for the planters and also noting the applicant s willingness to consider bringing the geotechnical engineer to the next Council meeting to discuss non-privileged details regarding the analysis.

47 City Council September 6, 2016; Tabled on consent to the September 20, 2016 meeting (7-0).

48 Questions?