Item 7Case No.
ZA21-0034
S T A F F R E P O R T
May 14, 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 Kim ball Park. Fury Athletix will
sell primarily athletic apparel, headwear, and associated accessories. Outdoor sales
and/or Service, with approval of a Specific Use Permit, was allowed within the State of
Texas Park area as part of the 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 4th 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 No. 2 dated May 14, 2021
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 21-017
PowerPoint Presentation
Narrative
Plans
STAFF CONTACT: Dennis Killough (817) 748-8072
Patty Moos (817) 748-8269
Case No. Attachment A
ZA21-0034 Page 1
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 “O-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 “I-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 Offic es 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 associate d 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 2
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 L ane. (ZA21-0066)
STAFF COMMENTS: The staff review may be found in the Specific Use Permit 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 chara cter 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
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,
Case No. Attachment A
ZA21-0034 Page 3
morals and genera l 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 surround ing 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 th e 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 establishe d 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.
g. Each sidewalk or pedestrian w ay on the approved site plan shall be a
minimum of forty-four inches (44”) in width. Additional width may be
required, and pedes trian ways shall be subject to the Americans with
Disability Act Accessibility Guidelines for Building and Facilities.
Case No. Attachment B
ZA21-0034 Page 1
Case No. Attachment C
ZA21-0034 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA21-0034 Review No.: Two Date of Review:5/14/21
Project Name: Specific Use Permit for Outdoor Sales and Services at
APPLICANT: Medici Development Partners LLC OWNER:
Jeff Medici Fury Athletix LLC
2106 E. SH 114, Suite 103 2102 E. SH 114
Southlake, TX 76092 Southlake, TX 76092
Phone: 214-784-1617 Phone: 214-784-1617
Email: jeff@medicidp.com Email:
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@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 Ord inance 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 fea tures, 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 sal e 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 Cou ncil.
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 e stablished
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 2
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 Buil ding 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 fix ed permanent structure, an encroachment agreement will not be required.
Case No. Attachment D
ZA21-0034 Page 1
SURROUNDING PROPERTY OWNERS MAP
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. MOSS, ANGELIA J SF1-A 550 CHERRY LN 1.09 NR
11. VAN 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. DRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 1.06 NR
18. WAGNER, STEVEN R SF1-A 550 BRIARWOOD DR 1.05 NR
19. POKHREL, RAMESH K SF1-A 500 BRIARWOOD DR 1.07 NR
20. FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR
21. COTY, 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 O1 485 CHERRY LN 1.95 NR
26. VAN TIL, JOHN J MF1 627 CHERRY LN 1.01 NR
27. COMPUTER CPR COMMAND CENTER O1 469 CHERRY LN 1.00 NR
28. MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.53 NR
29. BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.33 NR
30. GREAT GROWTH PROPERTIES LLC SP1 2118 E STATE HWY 114 0.75 NR
31. FC SOUTHLAKE LLC SP2 2104 E STATE HWY 114 3.64 NR
Case No. Attachment D
ZA21-0034 Page 2
32. BRANSFORD ROAD LLC MF1 575 CHERRY LN 1.10 NR
33. ONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 2.48 NR
34. MDP KIMBALL PARK OFFICE LLC SP2 2108 E STATE HWY 114 5.17 F
35. KP SOUTHLAKE JV LLC SP2 2112 E STATE HWY 114 1.30 NR
36. MDP SOUTHLAKE LLC SP2 2114 E STATE HWY 114 2.97 F
37. MDP 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 NR
42. Superintendent of Keller ISD 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 E
ZA21-0034 Page 1
Surrounding Property Owner Responses
Case No. Attachment E
ZA21-0034 Page 2
Case No. Attachment E
ZA21-0034 Page 3
Case No. Attachment F
ZA21-0034 Page 1
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 2
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 _____ DAY OF _________________, 2021.
CITY OF SOUTHLAKE
By: _________________________________
John Huffman, Mayor
ATTEST:
_________________________________
Amy Shelley
City Secretary
Case No. Attachment F
ZA21-0034 Page 3
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 4
EXHIBIT B
Reserved for Exhibits