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17-001RESOLUTION NO. 17-001 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 MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" 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 Sections 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 Resolution No. 17-001 Page 1 and 291 Grand Ave., being described as Lots 3R and 7, Block 4R1, Southlake Town Square Addition more fully and completely described in Exhibit "A", and as depicted on the approved Site Exhibit 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 conditions shall be applicable to the granting of this Specific Use Permit: Approved subject to Staff Report dated January 31, 2017 and Revised Specific Use Permit Review Summary No. 2 dated December 30, 2016 and noting the following The SUP approval is for Vehicle Sales and Demonstration to allow a Tesla store to locate in an approximate 4,565 square foot leasable area located at 257 Grand Avenue (former Buckle's space). There will be a maximum of 10 vehicles on the site at one time including inside and outside the premise • The applicant has agreed with approval of the rendering presented this evening which would remove the roll up doors at the back of the building. If the applicant and staff agree that the front doors become problematic, roll up doors at the back will be allowed with staff approval • The outside storage of the Tesla vehicles will primarily occur in the six parking spaces indicated on the exhibit presented by the applicant, however, noting that if any of the six spaces are occupied by a member of the public during or after business hours, the vehicles are permitted to use other nearby parking spaces for storage. • The applicant has agreed to add three additional general parking spaces to the lot located behind the Tesla showroom in the general location where the dumpster/parking island is located today • All wiring for electrical charging stations must be below ground • The SUP will be valid for the term of the lease for this specific tenant and any subsequent options and extensions. • Granting a variance to the Ordinance No. 480, Section 37 3 requirement in the definition for Vehicle Sales and Demonstrations to allow battery service work to be performed at the Tesla location. Resolution No. 17-001 Page 2 Revised Specific Use Permit Review Summary No. 2, dated December 30, 2016: 1. The SUP must comply with Ordinance No. 480, as amended, Sections 37.2 and 37 3 for Vehicle Sales and Demonstrations (see below) 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. Zoning Ordinance No. 480, Section 37.2 — Schedule of Uses Under Land Use Category Commercial Uses — Retail Sales or Service Vehicle sales and demonstrations are permitted with a Specific Use Permit Vehicle Sales and demonstrations SUP City Council may grant variances to the requirements for this use in accordance with the requirements set forth for the approval of variances in Section 45 — Specific Use Permits. Zoning Ordinance No. 480, Section 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 subject to the following criteria 1) Lease space and parking areas are limited to the specified geographical area as illustrated in Appendix A. 2) No more than 2 vehicles on site may be pre -owned. 3) A maximum of 6,000 square feet of floor area within a building can be allocated to vehicle sales and demonstrations for each individual permitted use. 4) No more than 20,000 square feet of vehicle showcase area within buildings are permitted within the specific "DT Downtown zoning district. 5) Service shall not be performed on more than one vehicle at a time 6) The term "Service" is limited to specifically exclude the following: a. No exterior work on vehicles related to body work, repair, glass service or standard maintenance,- b. No engine or motor work or repair including tune ups, oil Resolution No. 17-001 Page 3 changes, transmission, air conditioning, or automotive battery service; c No changing of fluids or oil; d No lifting of a vehicle with a jack or car lift, e. No detailing work including the washing, waxing, vacuuming and shampooing of the vehicle; f. No tire maintenance such as installing new tires, rotating tires or tire repair, or tire pressure activities SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 7t' DAY OF February, 2017. CITY OF SOUTHLAKE By: ri Laura ill, Mayor ATTEST.ka- �,�=�,i V Lori Payne City Secretary **it Resolution No. 17-001 Page 4 EXHIBIT `A' Being property located at 1401 Federal Way and 257 Grand Ave , also addressed as 251 and 291 Grand Ave., being legally described as Lots 3R and 7, Block 4R1, Southlake Town Square Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 10949, 10950, 10951 and 10952, Plat Records, Tarrant County, Texas Resolution No. 17-001 Page 5 EXHIBIT `B" Plans and Support Information SUP- Tesla We would like to request an SUP to allow Tesla to operate in unit 004 in Grand Avenue currently occupied by Buckle Buckle is in the process of relocating to the space currently occupied by Justice Testa designs and manufactures electric sedans and SUVs for retail sale. They currently operate more than 200 stores and galleries, 80 of which are in the US, with the closest being Northpark Center in Dallas. Tesla is the only automaker that sells cars directly to consumers outside of using the standard independently owned dealership model. The Southlake gallery will be in 4,565 sf of space It will display several models inside the premises that will be accessed by a garage door on the rear Because Texas law currently prohibits direct sale, an ordering process is utilized via iPad with actual sales occurring in California Tesla is lobbying to change the law in Texas and requires that the lease allow for the eventual sale of cars directly from the premises. Tesla will not service cars in the traditional sense but may download maps or provide other services. They will also sell merchandise, including Tesla branded hats, shirts and other accessories Tesla will offer test drives from the premises and will be allowed to park up to six cars behind the premises in addition to the cars that will be housed inside the premises. Tesla will be allowed to install up to six Tesla branded charging stations directly behind the premises. Any vehicles that Tesla leaves outside of the premises will utilize the charging station spaces overnight provided they are available. There will be a maximum of 10 total vehicles on site at any one time including inside and outside the premises. The six designated charging station spaces are screened by the Tesla building, the east parking garage and existing landscaped islands such that they will not be visible from any public streets. The charging stations will be a sleek silver unit that is very small and will be attached to an architecturally appropriate pole. Signage will be attached to the same pole and will be rectangular shaped. The charging stations will be readily identifiable by electric vehicle drivers while blending into the surrounding landscape and architecture for compatibility with the character and use of the site The chargers will only service Tesla vehicles. Tesla is going to operate in hours that are consistent with the existing environment allowing for the same flexibility that existing retailers are provided. Tesla galleries experience higher traffic volumes consistent with other retailers in the immediate area such as Apple Resolution No. 17-001 Page 6 6 S CO Sf 6 CAMP 3,152 Six Parking Spaces Fri, Resolution No. 17-001 Page 7 _ E^' L- n !i Resolution No. 17-001 Page 9 0 Resolution No. 17-001 Page 11 Resolution No. 17-001 Page 12 INVOICE Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 i 17.gj By.................... Customer ID: CIT57 Invoice Number: 339187031 Invoice Date: 1/20/2017 Terms: Net due in 21 days Due Date: 1 /29/2017 PO Number: 21700139 Order Number: 33918703 Sales Rep: 073 Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 1 /20/2017 Description Location Col Depth Linage MU Rate Amount PUBLIC HEARING NOTICE CITY OF I3580 Sales Discount Misc Fee os County of Tarrant o ©� 86 86 LINE Net Amount: $5.31 $456.66 ($339.70) $5.00 $121.96 Before me, a NotaryPub fc in andfor said County and State, this day personaffy appeared LeticiaArriaga, Bids & Legaf Coo rdina tor for the Star -Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Sews : and who after being duty sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the fisted dates. BIDS & LE GALS DEPZ: Star-Tefegram. (1 SUBSCRIBED AND SWORN TO BEFORE ME, THIS DA.}'OF 7ANcQ�j/�,2017 L HALIAND PubUc 91(OE%kyPUBLI I�A4 Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 339187031 Invoice Amount: $121.96 PO Number: 21700139 Amount Enclosed: PUBLIC HEARING NOTICE CITY OF SOUTHLAICE, TEXAS Notice is hereby given to all i 41 _ ested persons that the City of Southlake, Texas, will consider the following items in the Council Chambers at Town Hall, 1400 Main Street, Southlake, Texas for: The City Council on Tuesday, Feb- ruary 7, 2017 at 5:30 p.m. will hold a public hearing and consider: • Ordinance No. 480-WWWW, ZA16- 103, Amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Section 37, "DT" Downtown District, to allow Vehicle Sales and Demonstrations as a permitted use with approval of a Specific Use Permit. • Resolution No.' 17-001, ZA16-104, Specific Use Permit for Vehicle Sales and Demonstrations in the "DT" Downtown District on prop- erty described as Lots 3R and 7, Block 4R1, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and located at 1401 Fader —al Way and 251 Grand Ave., Texas. Current Zoning: `iOWlltOWn District. SPIN 17-002, ZA7k-195, .rmit for Etestrit Texas and located at7 Way, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN Neighborhood #13. Ordinance No. 480-474A (ZA16- 026), Zoning Change (River Oaks Addition) and Site Plan for Lot 7, Block 1, River Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 100-125 River Oaks Dr., Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Requested Zoning: "S-P-2" Gen- eralized Site Plan District, SPIN Neighborhood )ill. Ordinance No. 480-513A (ZA16- 099), Zoning Ch for the Sout Plaza on property as Lot 15, J.G. Allen No. Addition. "S-P-2" Generalized "STi`C Il n District with "O-1" Office District uses. Proposed Zoning: "S-P-2" Generalized Site Plan District with "Q-1" Office District uses including an ambulatory surgery center. SPIN Neighborhood #11. • Ordinance No. 480-723 (ZA16-080), Zoning Change and Concept Plan on property described as Tract 31302, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Te4as, and located at 2001 Randal Anil! Ave,Sauthlake, Texas. Current Zoning: ^kG" Agricultural District Requests¢ Zoning: SF - IA" Single FawAy Residential District. SPIN Neighforhood tt 5.. All interested pers®as are urged to attend. City of Southlake Lori Payne, TRMC -City Secretary