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Item 6CSOUTHLA14CE PLANNING & DEVELOPMENT SERVICES STAFF REPORT September 28, 2021 CASE NO: ZA21-0070 PROJECT: Specific Use Permit for Lot 5, Kimball Park EXECUTIVE SUMMARY: Kimball Park JV, LLC is requesting approval of Resolution No. 21-046, (ZA21- 0070), Specific Use Permit for a Corporate Office use for Lot 5, Kimball Park in accordance with the "S-P-2" Generalized Site Plan District zoning under Ordinance No. 480-657E (formerly Ordinance No. 480-657F, Zoning Change and Concept/Site Plan for Kimball Park) on property described as Lot 5, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2112 E. State Hwy. 114, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: A one-story approximately 9,176 square foot building currently exists on Lot 5 in Kimball Park, located at 2112 E. State Hwy. 114. The uses that were permitted in the original "S-P-2" regulations for Lot 5, Kimball Park are those uses found in the "C-2" Local Retail Commercial District limited to restaurant, retail, health and well-being businesses and spa. A Zoning Change and Concept/Site Plan (ZA20-0016) to amend the "S-P-2" regulations for Kimball Park to allow a corporate office for a single -tenant use only, occupying the entire building on Lot 5, only with approval of a separate Specific Use Permit was approved by City Council on May 19, 2020. A Specific Use Permit (SUP) (ZA20-0031) to allow a single tenant corporate office (Artful Living Media) with associated events and internal showroom/gallery for displays to occupy the entire building on Lot 5 and allowing the patio space to be used as an extension of the showroom for public/private events was approved by City Council on June 9, 2020, approving the SUP to run concurrently with a 10-year lease with a 5-year extension for the entire building. The SUP expired six (6) months after approval. On September 21, 2021, the applicant requested 1st Reading approval of a Zoning Change and Concept/Site Plan for Lot 5, Kimball Park to add all "0-1" Office district uses as permitted uses and to allow the "0-1" Office district uses to utilize the patio space on Lot 5 only. The case type was changed from a Zoning Change and Concept/Site Plan to a request for a Specific Use Permit under the existing zoning at the September 21, 2021 City Council meeting. The purpose of this request is to seek approval of a Specific Use Permit to allow a single -tenant medical office use on Lot 5, Kimball Park. Vansanity is a coworking space provider of shared office space developed specifically to serve the medical Case No. ZA21-0070 aesthetics community. The SUP request is to run concurrently with a ten (10) year lease with two (2) additional options for renewal periods of five (5) years each. It appears that the opposition filed within 200 feet of the subject property exceeds 20% of the district boundary area (± 60%), which will require a super majority vote of the City Council (6 of the 7 members) in order to approve this item. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary No. 1 dated September 28, 2021 (D) Surrounding Property Owners Map and Responses (E) Resolution No. 21-046 Link to Presentation Link to Narrative Link to Vansanity Article STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA21-0070 BACKGROUND INFORMATION OWNER/ APPLICANT: Kimball Park JV, LLC PROPERTY SITUATION: This property is generally located north of E. S.H. 114 and west of N. Kimball Ave. LEGAL DESCRIPTION: Lots 1, 2R, and 3-6, Kimball Park LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-2" Generalized Site Plan District PROPOSED 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. - A Zoning Change and Concept/Site Plan (ZA12-067) from 1-1" Light Industrial District to "S-P-2" Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ""S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) 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 June 2, 2015. - A Zoning Change and Site Plan (ZA15-142) 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 March 1, 2016. - A Site Plan (ZA17-002) 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 February 21, 2017. - A Zoning Change and Site Plan (ZA18-0057) from "S-P-2" Generalized Site Plan District and "C-3" General Commercial District to "S-P-2" Generalized Site Plan District for District 114 at Kimball Park (on Lot 2R) was approved on February 19, 2020. - A Zoning Change and Concept/Site Plan (ZA20-0016) 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 on May 19, 2020. - A Specific Use Permit (SUP) (ZA20-0031) to allow a single tenant corporate office (Artful Living Media) with associated events and internal showroom/gallery for displays to occupy the entire building on lot 5 and allowing the patio space to be used as an extension of the showroom for Case No. Attachment A ZA21-0070 Page 1 public/private events was approved by City Council on June 9, 2020, approving the SUP to run concurrently with a 10-year lease with a 5-year extension for the entire building. - A Zoning Change and Concept/Site Plan (ZA21-0066) from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District to revise the north parking garage elevation to remove the previously approved metal screen and to revise the Site Plan for Lot 2R to add a sidewalk connection to the property addressed as 469 Cherry Ln. was approved on February 23, 2021. SOUTHLAKE 2035 COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Mixed Use". Purpose and Definition (Mixed Use): The purpose of the Mixed Use land use category is to provide an option for large-scale, master -planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher - intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. TRANSPORTATION ASSESSMENT: Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: There are no changes to the previously approved Tree Conservation Plan with this request. No changes to the site are proposed. CITIZEN INPUT: A SPIN meeting was not held for this request. A 2035 Corridor Planning Committee meeting was not held for this request. PLANNING AND ZONING COMMISSION ACTION: September 9, 2021; Approved (7-0) subject to the staff report dated September 3, 2021 and Site Plan Review Summary No. 2, dated September 3, 2021. CITY COUNCIL ACTION: September 21, 2021; Tabled to the October 5, 2021 meeting (7-0). Case No. Attachment A ZA21-0070 Page 2 STAFF COMMENTS: Attached is Specific Use Permit Review Summary No. 1, dated September 28, 2021. Vicinity Map 2102 - 2116 E. S.H. 114 OTT 2t01 2131141 gp 2121 2091 RE d2 �Pm0 LN 82 76 0 9 � 2112 ZI AM,- 19q� .... � `$ j$D w Yy4Q � �san 2118 2121) 2150 FI. 114 c L v l ZA21-0070 Lot 5, Kimball Park 0 330 r-,-,rq 1 32! Feet Case No. ZA21-0070 Attachment A Page 3 Case No.: ZA21-0070 SPECIFIC USE PERMIT REVIEW SUMMARY Review No.: One Project Name: Specific Use Permit for Kimball Park, Lot 5, Block 1 APPLICANT: KP JV, LLC Paul Moss 8821 Davis Blvd., #220 Keller, TX 76248 Phone: 817-723-7860 Email: paul@marinabayhomes.net OWNER: KP JV, LLC Paul Moss Date of Review: 9/28/2021 8821 Davis Blvd., #220 Keller, TX 76248 Phone: 817-723-7860 Email: paul@marinabayhomes.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/27/21 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 RICHARD SCHELL AT (817) 748-8602. Planning Review All previous review comments have been addressed. 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. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(@�ci.southlake.tx.us TREE CONSERVATION COMMENTS: No comments based on submitted information. LANDSCAPE COMMENTS: No comments based on submitted information. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendV(@_ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment C ZA21-0070 Page 1 No comments based on submitted information. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(a)ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments SPIN Meeting was not held for this project. A separate building permit is required prior to construction of any signs. NOTE: refer to the City's Sign Ordinance 704-J for attached and monument signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment C ZA21-0070 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES - w E KIRI(WOOD BLVO W W J 2pi7 2101 2111 2419 242 m 2131 141 V4A 37 2121 O 9` 2001 } o-o u9 w 242 0 -i- REENBOUG Cbd9w0L LN 2417 241 OW o-s M V 17T8 600 G, '7 �r 2426 25 s � 2108 s04 LN 2503 2106 175i1 2104 2112 y 414 1910 ry � Z1A2p m J W )8qp = 1980 o-o- 210 2118 2121) 21 2300 2354 zsQo _ S.H. 194 SPO # Owner Zoning Physical Address Acreage Response 1. PARADIS, THOMAS MF1 450 CHERRY LN 0.94 NR 2. PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.03 NR 3. CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.50 NR 4. CLTH AND AR ASSOCIATES INC MF1 430 CHERRY LN 0.50 NR 5. LR SOUTHLAKE PARTNERS LP SP1 1980 E SH 114 1.53 NR 6. C & L PARTNERSHIP LTD C2 2000 E SH 114 1.04 NR 7. TATE, JOHN T SP2 2120 E SH 114 0.92 NR 8. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR 9. FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR 10. J & A FRITH PROPERTIES SOUTHLA SP2 584 N KIMBALL AVE 0.47 NR 11. LEE, K WAYNE SP2 566 N KIMBALL AVE 0.66 NR 12. KIMBALL LAKES PROPERTY OWNERS SP2 572 N KIMBALL AVE 0.39 NR 13. EARP, JOSHUA SF1-A 650 CHERRY CT 0.99 NR 14. HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.95 NR 15. HALIM, EMIL A MF1 725 CHERRY CT 0.96 NR Case No. Attachment D ZA21-0070 Page 1 16. CHERRY LANE PARTNERS LP 01 485 CHERRY LN 1.95 NR 17. VAN TIL, JOHN J MF1 625 CHERRY LN 1.01 NR 18 COMPUTER CPR COMMAND CENTER LL 01 469 CHERRY LN 1.00 NR 19. JUNEJA, VIKAS RPUD 2201 COTSWOLD VALLEY CT 0.24 NR 20. KIMBALL ROAD LP 11 500 N KIMBALL AVE 1.60 NR 21. TDC MANAAGEMENT LLC SP2 560 N KIMBALL AVE 0.48 NR 22. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR 23. BELF, BRETT AG 501 N KIMBALL AVE 3.40 NR 24. CIF 678 TRUST AG 411 N KIMBALL AVE 1.62 NR 25. ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 6.43 NR 26. BOWEN SL LTD 11 450 N KIMBALL AVE 0.37 NR 27. MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.53 NR 28. BARGER EQUITY GROUP LLC 11 440 N KIMBALL AVE 0.33 NR 29. GREAT GROWTH PROPERTIES LLC SP1 2118 E SH 114 0.75 NR 30. SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.41 NR 31. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR 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 SH 114 5.17 O 35. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR 36. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 O 37. MDP KIMBALL PARK 114 LLC SP2 2102 E SH 114 3.35 O 38. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 O Responses: F: In Favor O: Opposed U: Undecided Notices Sent: Thirty-six - (36) Responses Received within 300': Four (4) - Attached NR: No Response Case No. ZA21-0070 Attachment D Page 2 Notification Response Form Case Number: Meeting Date: Address of property owner(s) submitting form: ~ i'6vL'i tV(— P'VV 6R-- , LLC-- Zioc F s(4 hq 'rk:�kuoyE .-CA PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OIL HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of (p:poundecided about (circle or underline one) the proposed plan referenced above. Space for comments regarding your position: Signatu Additional Signature: Date: 111-142-1 Date: Printed Name(s): _ Must be property owners) whose name(s) are printed at top. OlherwIse contact th❑ Planning Department. Ono form per property. Phone Number (optional): Case No. Attachment D ZA21-0070 Page 3 Notification Response Form Case Number:. ZA 21 _ 6610 Meeting Date: g1Zi 4 ? L Address of property owner(s) submitting form: Zic-z e , s-o l iii Lt�- 2, /Z r2-- PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of pposed to undecided about (circle or underline one) the proposed plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: z1 Date: Printed Name(s): ,AW GttclicA VIAL A.G. r— &� c-A— Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Daparlment. One form per property. Phone Number (optional): Case No. Attachment D ZA21-0070 Page 4 Case Number: Meeting Date: Notification Response Form 7.� 2i -6-6-7c, g1Zi 1 zl Address of property owner(s) submitting form: 0z5P <v—W%4LA< , C,L- PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of apposed undecided about (circle or underline one) the proposed plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: &r 12,4 Date: Printed Names): a -F ViAebkg , wy,�hv ph-;; t3L-A— MuM be property owner(s) whose names) are printed at top. Otherwise centact the Planning Departmenl_ One form per property_ Phone Number (optional): Case No. Attachment D ZA21-0070 Page 5 Notification Response Form Case Number:, ?_(Ar Z,( - 60-10 Meeting Date; 011-7, I .0 Address of property owner(s) submitting form: M"-,-)$ *'Wi0--- Z-I I� C . <;Vk lt'k �6-f PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of o�PPID�sedto undecided about (circle or underline one) the proposed plan referenced above. Space for comments regarding your position: Signatu Additional Signature: Date: n z-f Z-t Date: Printed Name(s): -Xcff _MC-)sccA Must be property ewner(s) whose names) are printed at tap. Otherwise contact the Planning Department_ One Form per property_ 'hone Number (optional): Case No. Attachment D ZA21-0070 Page 6 RESOLUTION NO. 21-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SINGLE TENANT CORPORATE OFFICE USE TO OCCUPY THE ENTIRE BUILDING IN ACCORDANCE WITH THE "S-P-2" GENERALIZED SITE PLAN DISTRICT ZONING UNDER ORDINANCE NO. 480-657E ON PROPERTY DESCRIBED AS LOT 5, KIMBALL PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2112 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 corporate office use corporate office for a single - tenant only, occupying the entire building has been requested by a person or corporation having a proprietary interest in the property zoned as "S-P-2" Generalized Site Plan District under Ordinance No. 480-657E; 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 corporate office use on property within the City of Southlake, Texas, more fully and completely described in Exhibit "A", and as depicted Case No. Attachment E ZA21-0070 Page 1 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 applicable to the granting of this Specific Use Permit: lil 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 John Huffman, Mayor ATTEST: Amy Shelley City Secretary Case No. Attachment E ZA21-0070 Page 2 EXHIBIT A Lot 5, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas, located at 2112 E. State Hwy. 114, Southlake, Texas. Case No. Attachment E ZA21-0070 Page 3 EXHIBIT B Reserved for exhibit Case No. Attachment E ZA21-0070 Page 4