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