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Item 10 - ZA16-104 SUP Tesla Vehicle Sales and DemonstrationsCase No. ZA16-104 S T A F F R E P O R T December 30, 2016 CASE NO: ZA16-104 PROJECT: Specific Use Permit for Vehicle Sales and Demonstrations EXECUTIVE SUMMARY: RPAI Southwest Management, LLC is requesting approval of a Specific Use Permit for Vehicle Sales and Demonstrations in the "DT" Downtown District on property described as Lots 3R and 7, Block 4R1, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and located at 1401 Federal Way and 257 Grand Ave., also addressed as 251 and 2 91 Grand Ave., Southlake, Texas. Current Zoning: “DT” Downtown District. SPIN Neighborhood #8. DETAILS: A proposed Tesla store is proposed in the existing Buckle space in Southlake Town Square at 257 Grand Ave. The purpose of this request is to seek ap proval of a Specific Use Permit (SUP) for Vehicle Sales and Demonstrations to allow an approximately 4,565 square foot Tesla store in the “DT” Downtown District. There will be a maximum of ten (10) vehicles on the site at one time including inside and outs ide the premises and a maximum of two of those vehicles may be pre-owned. A separate SUP for electric charging stations (ZA16-105) for six existing parking spaces behind the proposed store has also been submitted. Any vehicles stored outside will utilize the six charging station spaces provided they are available. A roll-up door is proposed on the rear of the building to move vehicles in and out of the store. Two parking spaces are proposed to be removed for the driveway to the rol l-up door. There is currently a surplus of parking in the Town Square as a whole to offset the spaces to be used for the driveway and the electric charging spaces. The applicant has provided additional information for the proposed Tesla store in the narrative letter and exhibits (see links below). The applicant has also submitted an application for a Zoning Text Amendment of Ord. No. 480, Section 37, "DT" Downtown District to allow Vehicle Sales and Demonstrations as a permitted use with approval of an SUP (ZA16-103). The request for the Zoning Text Amendment must be approved prior to approval of this SUP request. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider approval of a Specific Use Permit for Vehicle Sales and Demonstrations ATTACHMENTS: (A) Background Information Department of Planning & Development Services Case No. ZA16-104 (B) Vicinity Map (C) Specific Use Permit Staff Review Summary No. 2, dated December 30, 2016 (D) Surrounding Property Owners Map and Responses (E) Resolution No. 17-001 Full Size Plans (for Commission and Council Members only) Link to PowerPoint Presentation Link to Narrative Link to Exhibits STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA16-104 Page 1 BACKGROUND INFORMATION APPLICANT: RPAI Southwest Management, LLC OWNER: SLTS Grand Avenue II, LP PROPERTY SITUATION: 1401 Federal Way and 257 Grand Ave., also addressed as 251 and 291 Grand Ave. LEGAL DESCRIPTION: Lots 3R and 7, Block 4R1, Southlake Town Square Addition LAND USE CATEGORY: Town Center CURRENT ZONING: “DT” Downtown District SPIN: A SPIN meeting was not held for this project. STAFF COMMENTS: Specific Use Permit Review Summary No. 2 dated December 30, 2016 is located in Attachment ‘C’ of this Staff Report. Note: 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. The Sections from Zoning Ordinance No. 480, as amended, pertaining to the SUP request are included below for reference: 37.3 DEFINITIONS Vehicle Sales and Demonstrations - A display of 10 or less vehicles for the purposes of demonstrations, test drives, service and new or pre -owned sales. No more than 2 vehicles on site may be pre-owned. 45.5 FACTORS TO BE CONSIDERE D - 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 th e 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 Case No. Attachment A ZA16-104 Page 2 proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for 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 r egulations 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 resident ial 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. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations NA DT Regulations and Guidelines not applicable to request Building Articulation NA DT Regulations and Guidelines not applicable to request Masonry Standards NA DT Regulations and Guidelines not applicable to request Impervious Coverage NA DT Regulations and Guidelines not applicable to request Bufferyards NA DT Regulations and Guidelines not applicable to request Interior Landscape NA DT Regulations and Guidelines not applicable to request Tree Preservation NA DT Regulations and Guidelines not applicable to request Sidewalks NA DT Regulations and Guidelines not applicable to request Case No. Attachment B ZA16-104 Page 1 Case No. Attachment C ZA16-104 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA16-104 Review No.: Two Date of Review: 12/30/16 Project Name: Specific Use Permit for Tesla Vehicle Sales and Demonstrations in Town Square APPLICANT: RPAI Southwest Management, LLC David Ayer 1560 E. Southlake Blvd., Suite 100 Southlake, TX 76092 Phone: 817-329-5566 E-mail: ayer@rpai.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/19/16 AND WE OFFER THE FOLLOW ING 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 RICHARD SCHELL AT (817) 748 -8602. 1. Provide additional information in the narrative letter describing the location(s) of the cars to be stored outside if the six charging spaces are not available. 2. The SUP must comply with Ordinance No. 480, as amended, Sections 37.2 and 37.3, for Vehicle Sales and Demonstrations and Section 45, Specific Use Permits, if the request for the Zoning Text Amendment (ZA16-103) is approved. The request for the Zoning Text Amendment must be approved prior to approval of this SUP request . * 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 . Case No. Attachment D ZA16-104 Page 1 Surrounding Property Owners Electric Charging Spaces for Tesla at the Southlake Town Square SPO # Owner Zoning Address Acreage Response 1. SLTS GRAND AVENUE LP DT 1420 DIVISION ST 2.90 NR 2. H & C SOUTHLAKE HILTON LLC DT 1400 PLAZA PL 3.72 NR 3. SLTS GRAND AVENUE LP DT 1430 DIVISION ST 2.55 NR 4. SLTS GRAND AVENUE LP DT 1410 PLAZA PL 0.24 NR 5. SLTS GRAND AVENUE LP DT 1420 PLAZA PL 0.40 NR 6. SLTS GRAND AVENUE LP DT 1430 PLAZA PL 0.75 NR 7. SLTS GRAND AVENUE LP DT 1440 PLAZA PL 0.51 NR 8. SLTS GRAND AVENUE LP DT 1411 PLAZA PL 0.26 NR 9. SLTS GRAND AVENUE LP DT 1446 PLAZA PL 0.22 NR 10. SLTS GRAND AVENUE LP DT 1450 PLAZA PL 2.96 NR 11. SLTS GRAND AVENUE LP DT 410 GRAND AVE W 0.19 NR 12. SLTS GRAND AVENUE II LP DT 371 STATE ST 1.86 NR 13. SLTS GRAND AVENUE LP DT 1431 PLAZA PL 0.23 NR 14. SLTS GRAND AVENUE LP DT 400 GRAND AVE W 0.22 NR 15. SOUTHLAKE, CITY OF DT 351 STATE ST 1.97 NR Case No. Attachment D ZA16-104 Page 2 16. SLTS GRAND AVENUE LP DT 429 GRAND AVE E 0.42 NR 17. SOUTHLAKE, CITY OF DT 399 GRAND AVE W 0.34 NR 18. SLTS GRAND AVENUE LP DT 1445 PLAZA PL 0.20 NR 19. SLTS GRAND AVENUE II LP DT 1361 FEDERAL WAY 1.42 NR 20. SLTS GRAND AVENUE II LP DT 310 GRAND AVE W 0.40 NR 21. SLTS GRAND AVENUE LP DT 389 GRAND AVE W 0.01 NR 22. SLTS GRAND AVENUE LP DT 379 GRAND AVE W 0.01 NR 23. SLTS GRAND AVENUE LP DT 388 GRAND AVE E 0.01 NR 24. SLTS GRAND AVENUE LP DT 378 GRAND AVE E 0.01 NR 25. SLTS GRAND AVENUE LP DT 316 GRAND AVE W 0.25 NR 26. SLTS GRAND AVENUE LP DT 327 GRAND AVE E 0.43 NR 27. SLTS GRAND AVENUE II LP DT 301 STATE ST 0.48 NR 28. SLTS GRAND AVENUE II LP DT 250 GRAND AVE 0.56 NR 29. SLTS GRAND AVENUE LP DT 1401 FEDERAL WAY 2.44 NR 30. SOUTHLAKE, CITY OF DT 1451 FEDERAL WAY 1.37 NR 31. SLTS GRAND AVENUE LP DT 251 GRAND AVE 0.60 NR 32. SLTS GRAND AVENUE LP DT 1471 FEDERAL WAY 0.58 NR 33. TOWN SQUARE VENTURES LP DT 1240 MAIN ST 4.08 NR 34. TOWN SQUARE VENTURES LP DT 1400 CIVIC PL 0.75 NR 35. TOWN SQUARE VENTURES LP DT 1422 MAIN ST 0.67 NR 36. TOWN SQUARE VENTURES LP DT 1256 MAIN ST 0.67 NR 37. TOWN SQUARE VENTURES LP DT 1200 MAIN ST 0.58 NR 38. SOUTHLAKE, CITY OF DT 1400 MAIN ST 0.69 NR 39. TOWN SQUARE VENTURES LP DT 1460 MAIN ST 0.48 NR 40. DURANT, TOM DT 1500 MAIN ST 0.13 NR 41. SCHIRLE, JOSEPH L LIVING DT 1512 MAIN ST 0.06 NR 42. CLINTSMAN, BRYAN DT 1510 MAIN ST 0.06 NR 43. SCHIRLE, MATTHEW DT 1508 MAIN ST 0.06 NR 44. WARE, DEMARCUS O DT 1506 MAIN ST 0.06 NR 45. JULIA, THOMAS DT 1504 MAIN ST 0.06 NR 46. TOWN SQUARE VENTURES LP DT 1230 MAIN ST 0.28 NR 47. SOUTHLAKE, CITY OF DT 1501 MAIN ST 2.07 NR 48. TOWN SQUARE VENTURES LP DT 1429 MAIN ST 0.33 NR 49. TOWN SQUARE VENTURES LP DT 141 GRAND AVE 3.62 NR 50. TOWN SQUARE VENTURES LP DT 181 GRAND AVE 0.39 NR 51. SOUTHLAKE, CITY OF DT 1400 FOUNTAIN PL 0.81 NR 52. TOWN SQUARE VENTURES LP DT 180 STATE ST 0.42 NR 53. TOWN SQUARE VENTURES LP DT 1235 MAIN ST 0.34 NR 54. TOWN SQUARE VENTURES LP DT 115 GRAND AVE 0.38 NR 55. TOWN SQUARE VENTURES LP DT 112 STATE ST 0.38 NR 56. SOUTHLAKE, CITY OF DT 1400 E SOUTHLAKE BLVD 0.94 NR 57. TOWN SQUARE VENTURES LP DT 1430 E SOUTHLAKE BLVD 0.27 NR 58. STRUNCK, JUERGEN F DT 220 N CARROLL AVE 0.31 NR 59. GREENWAY-SOUTHLAKE OFFICE PRTN SP1 1110 E SOUTHLAKE BLVD 1.99 NR 60. TOWN SQUARE VENTURES LP DT 140 STATE ST 3.28 NR Case No. Attachment D ZA16-104 Page 3 61. TOWN SQUARE VENTURES LP DT 1200 E SOUTHLAKE BLVD 1.01 NR 62. BROWNSTONE AT TOWN SQUARE LP DT 1501 MEETING ST 0.16 NR 63. COOPER GD LLC DT 1505 MEETING ST 0.08 NR 64. BROWNSTONE AT TOWN SQUARE LP DT 351 CENTRAL AVE 2.16 NR 65. BROWNSTONE AT TOWN SQUARE LP DT 301 CENTRAL AVE 0.57 NR 66. JAY & RAY LLC DT 1503 MEETING ST 0.10 NR 67. SOUTHLAKE, CITY OF DT 1297 DIVISION ST 1.72 NR 68. SOUTHLAKE, CITY OF DT 1299 DIVISION ST 1.68 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses Received: None (0) Case No. Attachment E ZA16-104 Page 1 RESOLUTION NO. 17-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR VEHICLE SALES AND DEMONSTRATIONS ON COMMMERCIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1401 FEDERAL WAY AND 257 GRAND AVE., ALSO ADDRESSED AS 251 AND 291 GRAND AVE., BEING DESCRIBED AS LOTS 3R AND 7, BLOCK 4R1, SOUTHLAKE TOWN SQUARE ADDITION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A” AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Vehicle Sales and Demonstrations on commercial property has been requested by a person or corporation having a proprietary interest in the property zoned as “DT” Downtown District; and, WHEREAS, in accordance with the requirements of Section s 37.2 and 45.3 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 for Vehicle Sales and Demonstrations on commercial property at 1401 Federal Way and 257 Grand Ave., also addressed as 251 Case No. Attachment E ZA16-104 Page 2 and 291 Grand Ave., being described as Lots 3R and 7, Block 4R1, Southlake Town Square Addition as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit “A” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _______ DAY OF _________, 2017. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Lori Payne City Secretary Case No. Attachment E ZA16-104 Page 3 EXHIBIT ‘A” Plans and Support Information Reserved for Exhibits