The Summit 56 – Lot 4 project is a proposed 7.85 acre commercial site development.  The subject lot is one of seven platted lots comprising the overall Summit 56 Subdivision (total area of 56.73 acres).  The Summit 56 final plat was approved by the City of Bee Cave in 2010.  At that time, the property was located within City’s extra-territorial jurisdiction. City annexed this property and adjacent properties (e.g., Covert Tract) in 2013 via Ordinance No. 13-160.  The subdivision is zoned as Neighborhood Service (NS). Retail stores and office are permitted use within NS zone.  

The proposed development includes construction of three one-story retail buildings and a one-story professional/administrative office building. The total proposed building footprint area is 38,231 square feet (SF) and gross floor area is 37,951 SF. 

The project will be constructed in two phases.  The first phase will include three retail buildings (Bldg. A, B, & C), retaining walls, pavement, proposed water quality pond, utility installations etc. The second phase will include the addition of the proposed office building (Bldg. D).  

Access, Traffic Circulation: Site access will be provided by the existing Nitro swim driveway (with expansion from 2 to 3 lanes as part of this project) and also by the existing driveway (with upgrades and expansion).  Four driveway accesses from SH 71 was permitted by TxDOT and constructed as part of the Summit 56 subdivision construction plans.  All seven lots share a 50’ Joint access easement that spans the entire frontage along State Highway 71.  Thus, any one of the four driveways can serve as an access point to any of the seven lots.

Highway and Traffic Control Improvements:

As required, applicant has completed a Traffic Impact Analysis (TIA) for this developments on Lot 4 and future developments on Lot 1.  Several necessary improvements have been identified which are listed below –

• Installation of Traffic signal at SH-71 and Nitro swim driveway: Total probable cost is $180,000. Share of this developer is 28.5%.  Bella Colinas Commercial development on the other side of SH-71 is responsible for the remaining costs and they previously executed an escrow agreement and posted the total amount ($180 k) with City.
  
  
•  375’ Westbound right-turn deceleration lane (including 100’ taper) on Nitro swim driveway at SH-71: Total probable cost is $66,200. While developer’s share is 83.78%, they will bear the total costs of construction.
  
  
•  375’ Westbound right-turn deceleration lane (including 100’ taper) on SH-71 at driveway 2 (for Lot 4 and 5): Total probable cost is $66,200. Developer’s share is 100% of the total costs of construction.

• 375’ Westbound right-turn deceleration lane (including 100’ taper) on SH-71 at driveway 1 (for Lot 1): Total probable cost is $66,200. Developer’s share is 100% of the total costs of construction.

• Signal timing adjustments at SH-71 and Vail Divide: Total probable cost is $5,000.  Developer’s share is only 8.58%.

Applicant has agreed to all of the above mentioned improvements and an escrow agreement will be executed accordingly.  Applicant is also preparing the traffic and highway improvements plan and it will be submitted under separate cover to TxDOT for review and approval. The required improvements are within TxDOT’s right-of-way. There will be a donation agreement in between City and TxDOT. Developer expressed interest to manage construction of all improvements and TxDOT is okay with such arrangement. There will be a separate agreement in between the developer/property owners and TxDOT.

As a condition for obtaining the Certificate of Occupancy from the City of Bee Cave for buildings to be built over Lot 4, the separately proposed SH 71 roadway (for Nitro swim driveway and DRWY 2) and signal improvements described above must be approved by TxDOT and installed/constructed accordingly.

Impervious Cover: The total allowable impervious cover for the overall development has been/ will be distributed among the seven lots in the Summit 56 Subdivision. According to Plat Note # 24, any lot may exceed the 40% of its site area as long as the total impervious cover on all 7 lots does not exceed the maximum allowed amount for the subdivision.  In other words, lot owner(s) may transfer portion of their allocated impervious cover in between lot(s).  In such scenarios, the lot owner(s) must prepare and execute a restrictive covenant to state impervious cover allocated for the enhanced lot and impervious cover availability for the reduced/restricted lot(s). 

Lot 4 will have total 3.174 acres of impervious cover after construction of the proposed improvements, which is approximately 52% of the net site area for the lot.  Owners of this lot and lot 6 have executed a restrictive covenant (Doc. No. 2016093210) accordingly to transfer 0.73 acre of impervious cover from allocated impervious cover for Lot 6 to Lot 4.

Parking: A total of 206 spaces are proposed which is more than the required 173 parking spaces.  The proposed parking spaces in Phase One are sufficient to support the three retail buildings without the additional parking that will be added in Phase Two.

Restaurant (no in-vehicle service) is a conditional use within NS zoning.  According to the developer, there is a possibility of having restaurant business as tenant (if City provides a ‘Conditional Use Permit’ in future).  If restaurant(s) is proposed as a tenant within any one or in combination of the retail buildings, the total provided parking can accommodate a maximum of 6,500 SF of restaurant space. This information of restriction will be maintained and if developer submits a building plan for restaurant space in future, the area for such use will be checked accordingly.

Drainage, Water Quality Treatment and Stormwater Detention: The site is traversed by the “Limekiln” branch (a tributary to Little Barton Creek). While a portion of the subject tract is located within the Special Flood Hazard Area (/100 Year Floodplain), there will not be any construction activity within such area.  Similarly, a portion of tract is preserved as Water Quality Buffer Zone (WQBZ) and there will be no disturbance within that area.

Compliance with the City’s non-point source pollution prevention requirements will be achieved by a proposed retention water quality pond and the required irrigation area.  The proposed pond will also provide on-site detention for small rain events (e.g., 2-year storm event). 

A small portion of Lot 4 drains into the existing regional detention pond.  The remainder of Lot 4 drains into the waterway that bisects the site.  Stormwater detention for the larger storm events (e.g., 10, 25, and 100 year), is being provided for the overall subdivision by the existing regional detention pond.  The existing regional pond was constructed as part of the Summit 56 subdivision improvements. Please see attached transmittal letter for more information regarding this pond. This arrangement (i.e., off-site drainage improvements) is allowed by City Code Sec. 30.03.010.

Buildings: The plan for building’s exterior elevation meets City code as stated in Sec. 32.05.005 for criteria such as materials, color, articulation, and variation etc.  Please see attached sheets depicting renderings for view of the 3 retail buildings from each side. Based on market condition/demand, applicant will submit a site plan amendment in future for vertical construction of office building.  Once submitted, the plan will be reviewed accordingly and ultimately taken to Planning and Zoning Commission and City Council for hearing and approval.  

Landscape Plan, Screening, and Future Trail: Landscape plan and Landscape irrigation plan meets or exceeds the minimum requirement as specified in the City’s Code of Ordinance.  The existing gas regulator station located beside Nitro swim driveway will be screened by dense vegetation.  In addition to new trees within roadway buffer, there are some existing large trees within rights-of-way of highway 71 which together will provide screening. 

Property owner has agreed to provide a floating 20’ pedestrian easement (for hike and bike trail) either within the 75’ front setback or in the rear side (near the WQBZ but outside of floodplain).  If City plans to build the trail in future, the exact location will be determined at that time in a manner that will be acceptable to both the property owner and the City.  

Lighting Plan: The lighting plan meets applicable section of City’s Code of Ordinance and all lighting fixtures comply with City standards. The distance between the most rear side lighting pole and closest home (beside Boulder Heights and Vail Divide) is approximately 650’.  Taking into the account the type of lighting fixture and distance, staff expects that there will be no light pollution or light trespass. 

Utilities: The public utilities intended to serve this project were constructed as part of the Summit 56 subdivision construction plans. The existing 8” wastewater line is located within the WQBZ, but is within an existing wastewater easement. The project will connect to the existing wastewater manhole that is located within the WQBZ. Staff considers this lateral connection as similar to crossing. Thus, a variance is not warranted.