Loading...
Item 6ASOUTHLAKE PLANNING & DEVELOPMENT SERVICES STAFF REPORT May 25, 2021 CASE NO: ZA21-0034 PROJECT: Specific Use Permit for Fury Athletix EXECUTIVE SUMMARY: Medici Development Partners, LLC is requesting approval of a Specific Use Permit for Outdoor Sales and Services on property being described as Lot 2R, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas located 2102 E. State Hwy. 114, Southlake Texas and 3.301 acres. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: This project is located at the northeast corner of E. State Hwy. 114 and Cherry Ln., approximately 600 feet west of the intersection of E. State Hwy. 114 and N. Kimball Avenue. Medici Development Partners, LLC is requesting approval of a specific use permit to allow outdoor sales and services for Fury Athletix, LLC to be in a 28 -foot Airstream "shop" within the State of Texas Park at District 114 at Kimball Park. Fury Athletix will sell primarily athletic apparel, headwear, and associated accessories. Outdoor sales for the State of Texas Park were approved in a Zoning Change and Concept/Site Plan for District 114 at Kimball Park under ZA20-0066. The Airstream will be in operation at the plaza area during the year but will travel to special events approximately 10-15 days a year. Staff and visitors will have access to restrooms within the District 114 building. No changing rooms will be available within the trailer. The applicant is requesting a 10 -year term for the specific use permit which will be tied the Fury Athletix LLC's office space lease on the 4t" floor of the District 114 office building (a 5 - year lease with one 5 -year extension). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Staff Review Summary No. 2 dated May 14, 2021 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 21-017 PowerPoint Presentation Plans STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA21-0034 BACKGROUND INFORMATION APPLICANT: Medici Development Partners, LLC PROPERTY SITUATION: 2102 E. SH 114, Southlake, Texas LEGAL DESCRIPTION: Lot 2R, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S -P-2" Generalized Site Plan District HISTORY: A Zoning Change from "0-1" Office District to "C-3" General Commercial District for Lot A, Block A, Briarwood Estates, Phase I was approved in 1991 for Lake Cities Animal Clinic. September 4, 2012; A Zoning Change and Concept/Site Plan from 1-1" Light Industrial District to "S -P-2" Generalized Site Plan District for Victory Lane was approved by City Council. (ZA12-067) March 4, 2014; A Zoning Change and Concept/Site Plan from ""S -P-2" Generalized Site Plan District to "S -P-2" Generalized Site Plan District for Kimball Park was approved by City Council. (ZA13-135) March 4, 2014; A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council. May 8, 2014; A Final Plat for Kimball Park was approved by the Planning and Zoning Commission. June 2, 2015; A Zoning Change and Site Plan from ""S -P-2" Generalized Site Plan District to "S -P-2" Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved. (ZA15-032) March 1, 2016; A Zoning Change and Site Plan from "S -P-2" Generalized Site Plan District to "S -P-2" Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S -P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one -level parking garage was approved. (ZA15-142) February 21, 2017: A Site Plan for Kimball Park Lot 5 Retail/Restaurant, which includes an approximately 9,176 square foot, one-story building on approximately 1.27 acres was approved. (ZA17-002) February 19, 2019; A Zoning Change and Concept/Site Plan for District 114 at Kimball Park was approved. (ZA18-0057) May 19, 2020; A Zoning Change and Concept/Site Plan to amend the "S -P-2" regulations for Kimball Park to add "corporate office with associated events and internal showroom/gallery for displays" as permitted uses to Lot 5 only was approved by City Council. (ZA20-0016) Case No. Attachment A ZA21-0034 Page 1 February 23, 2021; A Zoning Change and Concept/Site Plan for District 114 at Kimball Park to revise the site plan and specifically revising the north parking garage elevations to remove the metal screen and adding a sidewalk connection to the property addressed as 469 Cherry Lane. (ZA21-0066) PLANNING AND ZONING COMMISSION: May 20, 2021; Approved (5-0) subject to the Staff Report dated May 11, 2021, the Specific Use Permit Review Summary No. 2 dated May 14, 2021, and the subject to Resolution No. 21-017. STAFF COMMENTS: The staff review may be found in the Specific Use Permit Review Summary No. 2 dated May14, 2021. Specific Use Permit General Information 45.1 GENERAL PROVISIONS — The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480-D): 45.4 GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the district which it is located. b. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED —In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for Case No. Attachment A ZA21-0034 Page 2 off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Ordinance No. 480-MMMM): (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. 45.11 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design features, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent land uses. b. A fixed time period (specific dates) for the outdoor sale or service activity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permit, shall be valid one year from the date of approval by the City Council. c. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size, color, location of equipment, lighting and signage shall be established in the specific use permit. d. The location of outdoor sale or service activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall not adversely impact the ability of pedestrians or vehicles to move about the lot. e. The site must provide adequate ingress and egress. f. Provisions for waste collection, recycling and/or disposal may be established in the specific use permit. Case No. Attachment A ZA21-0034 Page 3 g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty-four inches (44") in width. Additional width may be required, and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Building and Facilities. Case No. Attachment A ZA21-0034 Page 4 Case No. Attachment B ZA21-0034 Page 1 Vicinity Map 2102 E. SH 114 4- -�' j 2148 — 'S 4 Lq G U 2'04 2!12 Ir 191 [7 M Z,� 4 �' cr 7gp� 4 --- _.`320 �M&a W Y IE cc 27r& 2120 210 23 f]L" S_. 114 2110 I C� 2120 251) z7U l�U 280 p u! Sti 1-0034 is Y -r ,= Specific Use Permit i 4 - 090180 360 L feet Case No. Attachment B ZA21-0034 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA21-0034 Review No.: Two Proiect Name: Specific Use Permit for Outdoor Sales and Services at APPLICANT: Medici Development Partners LLC Jeff Medici 2106 E. SH 114, Suite 103 Southlake, TX 76092 Phone: 214-784-1617 Email: jeff@medicidp.com OWNER: Fury Athletix LLC 2102 E. SH 114 Southlake, TX 76092 Phone: 214-784-1617 Email: Date of Review:5/14/21 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/22/21 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 Patty Moos AT (817) 748-8269. Planning Review Patty Moos Planner Phone: (817) 748-8269 Email: pmoos(o)ci.southlake.tx.us ***The City Council shall consider the following in determining whether to grant a Specific Use Permit for outdoor sales or services according to the Comprehensive Zoning Ordinance No. 480, Section 45.12, as amended: 45.12 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design features, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent land uses. b. A fixed time period (specific dates) for the outdoor sale or service activity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permit, shall be valid one year from the date of approval by the City Council. c. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size, color, location of equipment, lighting and signage shall be established in the specific use permit. d. The location of outdoor sale or service activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall not adversely impact the ability of pedestrians or vehicles to move about the lot. e. The site must provide adequate ingress and egress. f. Provisions for waste collection, recycling and/or disposal may be established in the specific Case No. Attachment C ZA21-0034 Page 1 use permit. g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty-four inches (44") in width. Additional width may be required, and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Building and Facilities. Development Engineering Sandra Endy, P.E. Development Engineer Phone: 817 -748 - Email: sendy@ci.southlake.tx.us GENERAL COMMENTS: 1. The proposed trailer is located within a drainage easement. As long as the trailer remains temporary and mobile, and not a fixed permanent structure, an encroachment agreement will not be required. Case No. Attachment C ZA21-0034 Page 2 SURROUNDING PROPERTY OWNERS MAP 2ca 2oa z9 - 2c 210& � m 2108 P 0 9. 2104 2112 - - � m 0 i? 2102 2i1a 2120 2159 s.N. SPO # Owner Zoning Physical Address Acreage Response 1. KAUFMAN, JAMES C SF1-A 625 BRIARWOOD DR 1.35 NR 2. PARADIS, THOMAS MF1 450 CHERRY LN 0.94 NR 3. PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.03 NR 4. CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.50 NR 5. CLTH AND AR ASSOCIATES INC MF1 430 CHERRY LN 0.50 NR 6. MC PROPERTIES INC SP1 1940 E STATE HWY 114 1.14 NR 7. LR SOUTHLAKE PARTNERS LP SP1 1980 E STATE HWY 114 1.53 NR 8. C & L PARTNERSHIP LTD C2 2010 E STATE HWY 114 1.04 NR 9. BTH & RA ASSOCIATES INC MF1 400 BRIARWOOD DR 0.54 NR 10. IMOSS, ANGELIA J SF1-A 550 CHERRY LN 1.09 NR 11. IVAN TIL, ROBERT MF1 500 CHERRY LN 1.15 NR 12. PERKINSON, DOUGLAS ABLE SF1-A 575 BRIARWOOD DR 1.03 NR 13. TOWRY, JOHN EARL SF1-A 475 BRIARWOOD DR 1.13 NR 14. BROWN, RONNI SF1-A 600 BRIARWOOD DR 1.27 NR 15. TATE, JOHN T SP2 2120 E STATE HWY 114 0.92 NR 16. BRIARWOOD TOWNHOMES LP MF1 420 BRIARWOOD DR 0.57 NR 17. IDRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 1.06 NR 18. IWAGNER, STEVEN R SF1-A 550 BRIARWOOD DR 1.05 NR 19. IPOKHREL, RAMESH K SF1-A 500 BRIARWOOD DR 1.07 NR 20. IFIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR 21. ICOTY, ROB SF1-A 600 CHERRY LN 1.00 NR 22. EARP, JOSHUA SF1-A 650 CHERRY CT 0.99 NR 23. HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.95 NR 24. HALIM, EMIL A MF1 725 CHERRY CT 0.96 NR 25. CHERRY LANE PARTNERS LP 01 485 CHERRY LN 1.95 NR 26. VAN TIL, JOHN J MF1 627 CHERRY LN 1.01 NR 27. COMPUTER CPR COMMAND CENTER 01 469 CHERRY LN 1.00 NR 28. MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.53 NR 29. BARGER EQUITY GROUP LLC 11 440 N KIMBALL AVE 0.33 NR 30. GREAT GROWTH PROPERTIES LLC SP1 2118 E STATE HWY 114 0.75 NR 31. JFC SOUTHLAKE LLC I SP2 12104 E STATE HWY 114 3.64 NR Case No. ZA21-0034 Attachment D Page 1 32. BRANSFORD ROAD LLC MF1 575 CHERRY LN 1.10 NR 33. JONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 2.48 NR 34. JMDP KIMBALL PARK OFFICE LLC SP2 2108 E STATE HWY 114 5.17 F 35. JKP SOUTHLAKE JV LLC SP2 2112 E STATE HWY 114 1.30 NR 36. JMDP SOUTHLAKE LLC SP2 2114 E STATE HWY 114 2.97 F 37. JMDP KIMBALL PARK 114 LLC SP2 2102 E STATE HWY 114 3.35 F 38. MDP SOUTHLAKE LLC SP2 2116 E STATE HWY 114 0.92 F 39. Superintendent of Carroll ISD NR 40. Superintendent of Grapevine Colleyville ISD NR 41. Superintendent of Northwest ISD I NR 42. Superintendent of Keller ISD I NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 40 Responses Received: In Favor: 3 Opposed: 0 Undecided: 0 No Response: 37 Case No. Attachment D ZA21-0034 Page 2 Surrounding Property Owner Responses Notification Response Form ZA21-0034 Mciating Date. May 20, 2021 at 6:30 PIS[ MDP KIMBALL PARK 114 LLC 2106 E STATE 114 HWY STE 103 SOU1'HL.AKE. TX 76052 Direct questions and mail responses to: City of Southlake Punning & Development Services Notification Ri:spianse 1400 Main St; Ste 310 Snuthlake, TQC 76092 Phone: [817] 746-8621 Fax, (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA (NAIL, FAX OR HAND DELIVER` BEFORE THE START OF THE SCHEDULED PUBLIC HEARING, Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above_ Space for comments regarding your position: ignatu Additional Signature: Date: { Date: Printed Name(s):+ E` -1 NusJ be property owner(s) whose iiarrie(Q afe pfirdarl at Lam. Otherwise emhad the Planning Degartrneni. One fam per pfoperly Phone Number (optional). Case No. Attachment E ZA21-0034 Page 1 Notification Response Farm ZA21-0034 Meeting L7aite: May 20, 2021 at 6:30 PM MDP KIMBALL PARK OF HCLLC 2105 E STATE 114 HVVY STE 103 SOUTHLAKE_ TX 76092 Direct questions and mail responses to, City sof Sauthlake Planning & Development Services Notification Response 1400 Main St- Ste 310 Southlake. TX 76052 Phone; (817) 748-5621 Fax. (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START GF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property Se noted above, are hereby Cnf of fD opposed to undacided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position; F Gf- t l t I iginatu AdditionalSignature: Date: Gate, Printed Name(s); s .t ti t M uM hr; prop&AV o9w"r(s) whoEe name(s) are printed at Sop. Otherwiw contact the %nruN D+epaon iew. One 11orm vef pro"Fly. Phone Number (optional) - Case No. Attachment E ZA21-0034 Page 2 Noti fica [Eo P Response Forms 7-221 0034 Wkboking Vain: Nby 20,2(121 aI: E:30 PM MDP SOUTHLAKE LLC 2-105 E STAT� 114 wIW$11L143 OUTi-ILAKE, TX 7,01092 Dkvul gwvst uns and mail ruspor to: F9annlng, & Iwveloplment Samices Naiifieation Responst 149@ WIF sta sto 110 SauihlLake, TX 76092 Ph4rm- X517) 740-8521 IF ax, 1817) 748-8077 PLE.A.3E PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEF0I31� THE START OF THE SCHEDILILEV PU5LIC HEARING. Ede ng theowner(s) of the property se noted above, are hereby n fopposed to un ides abotlR (circle or underline or*) ifie proposed Specific Use PeFmik referee abuse. Spacc for comm etits rog a rding kour pesitPeP: L HMi � [k. L Ls Wyk sem] t Signature, 16r+ate- Additionalgnat _ mate. Printed Name(s)� 7w—fl�- 4 w1i't de orgPffty =w* i l'r �m , ,ar priri.ed at ruLp Otlier iv cpwk r, Wi 1-12FrN Ltepyt nml. One fvrm POf PROP'". Phone Number (optional)" Case No. Attachment E ZA21-0034 Page 3 RESOLUTION NO. 20-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES AND SERVICES ON PROPERTY DESCRIBED AS LOT 2R, KIMBALL PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2101 E. STATE HWY. 114, SOUTHLAKE TEXAS. MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for outdoor sales and services has been requested by a person or corporation having a proprietary interest in the property zoned as "S -P-2" Generalized Site Plan District; and, WHEREAS, in accordance with the requirements of Sections 45.1(39) and 45.11 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted to allow outdoor sales and services on property within the City of Southlake, Texas, more fully and completely described in Exhibit "A", and as depicted on the approved plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be Case No. Attachment F ZA21-0034 Page 1 applicable to the granting of this Specific Use Permit: • RESERVED FOR CITY COUNCIL MOTION SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ATTEST: Amy Shelley City Secretary DAY OF , 2021. CITY OF SOUTHLAKE In John Huffman, Mayor Case No. Attachment F ZA21-0034 Page 2 EXHIBIT A Lot 2R, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2102 E. State Hwy. 114, Southlake, Texas Case No. Attachment F ZA21-0034 Page 3 W4:11 319:3 Reserved for Exhibits Case No. Attachment F ZA21-0034 Page 4