Item 9Case No.
ZA21-0080
S T A F F R E P O R T
October 15, 2021
CASE NO: ZA21-0080
PROJECT: Zoning Change and Site Plan for Mody Southlake
EXECUTIVE
SUMMARY: DeVleer Consulting Services, on behalf of the owner, Southlake Commons
Holdings, LLC, is requesting approval of a zoning change and site plan on property
described as Lot 2, Block 1, Gumm Scifres Addition, City of Southlake, Tarrant
County, Texas and located at 2101 E. Southlake Blvd., Southlake, Texas. The
current zoning is “S-P-1” Detailed Site Plan District. SPIN Neighborhood #8.
DETAILS: The site is located on the southeast corner of the intersection of E. Southlake Blvd.
and S. Village Center Drive.
The purpose of this request is to add an attached 18’-4” by 10’ metal awning to the
northeast corner of the building. The area under the awing will be utilized for
outdoor seating. The site shall be subject to all previous conditions of approval for
case ZA13-075 and Ordinance No.480-647, unless specifically approved
otherwise.
ACTION NEEDED: 1) Conduct Public Hearing
2) Consider Approval of a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated October 15, 2021
(D) Surrounding Property Owners Map and Responses
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-647a
Full Size Plans (for Commission and Council members only)
Presentation
Narrative
Ordinance No. 480-647
Plans
STAFF CONTACT: Dennis Killough (817) 748-8072
Patty Moos (817) 748-8269
Case No. Attachment A
ZA21-0080 Page 1
BACKGROUND INFORMATION
OWNER: Southlake Commons Holdings, LLC
APPLICANT: DeVleer Consulting Services
PROPERTY SITUATION: 2101 E. Southlake Boulevard
LEGAL DESCRIPTION: Lot 2, Block 1, Gumm Scifres Addition, City of Southlake, Tarrant County,
Texas.
CURRENT ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial
District uses
PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial
District uses
HISTORY: -A zoning change and concept plan for “O-1” Office District zoning for
Gumm Professional Offices was approved for a portion of Lot 2 (the
subject lot) and the two adjacent Tracts to the south April 17, 2001 (Lots 3
& 4) (ZA00-126).
-A site plan for Bank One was approved for Lot 2 (t he subject lot)
September 4, 2001 (ZA01-068).
-A sign variance for Modia Home Theatre Store was a pproved by City
Council April 16, 2013 (SV13-005)
October 15, 2013; City Council approved a zoning change and site plan
from “O-1” Office District to “S-P-1” Detailed Site Plan District to allow
limited “C-2” Retail Commercial District uses to construct a two-story, 8,800
square foot addition on to the existing one -story, 4,100 square foot
building; noting approval of the variance to the driveway ordinance; the
clock depicted on the building renderings will be a working clock; green
screening wall on the south elevation will be enhanced with a cross vine
vegetation; applicant will extend the stone planter on the eastern side of
the north elevation similar to what is depicted on the west side of the north
elevation; and, the applicant will frame the d oors on the north elevation
complementary to the other doors noted on the renderings presented to
Council.(ZA13-075)
SOUTHLAKE 2035: Consolidated Land Use Plan
The Retail Commercial category is a lower- to
medium-intensity commercial category providing
for neighborhood-type retail shopping facilities
and general commercial support activities. It is
intended to provide limited local retail and/or office
uses which serve neighborhoods in close
proximity. It is intended that all uses in this
category will be compatible with adjacent single
family uses, thereby maintaining the character and integrity of existing
Case No. Attachment A
ZA21-0080 Page 2
neighborhoods. This category is intended to encourage comprehensively
planned developments. In areas where the Retail Commercial designation
is adjacent to residentially zoned properties or areas with a residential
designation on the Land Use Plan, lower intensity activities such as office
or office-related uses should be planned adjacent to the residential uses.
Other suitable activities are those permitted in the Public Parks/Open
Space, Public/Semi-Public, and Office Commercial.
The development as proposed appears to be consistent with the intent of
the land use designation at this location.
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan designates E. Southlake Blvd. as a 130 ’
Regional Boulevard, F.M. 1709, and S. Village Center Drive as a 2 -lane
undivided 60’ collector street that is planned for future extension south,
then east along the southern border of Gateway Ch urch property and
continue east all the way to S. Nolen Drive.
Existing Area Road Network and Conditions
There is one existing 24’ common access easement within this
development that accesses the Gateway Church property to the east.
PATHWAYS
MASTER PLAN AND
SIDEWALK PLAN: The Pathways Master Plan and Side walk Plan show a planned on -street
bikeway and a completed 8’ trail on both sides of E. Southlake Blvd. The
approved site plan shows a 5’ sidewalk along the western boundary / east
side of S. Village Center Drive.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
E. Southlake Blvd (14)
(between Kimball & Carroll)
24hr West Bound (22,000) East Bound (23,522)
AM Peak AM (1,506) 11:45AM –
12:45PM
Peak AM (2,327) 7:15 –
8:15AM
PM Peak PM (2,223) 4:30 – 5:30 PM Peak PM (1,547) 12:30 –
1:30PM
* Based on the 2017 City of Southlake Traffic Count Report
Traffic Impact
Use Area Vtpd* AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Specialty Retail (814) 13,010 577 43 46 37 28
* Vehicle Trips Per Day
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
* Based on the ITE: Trip Generation Manual, 7th Edition
TREE PRESERVATION/
LANDSCAPE : No existing trees will be affected with this request. Two Yaupon Holly
trees and thirteen Indian Hawthorn shrubs proposed in this area may
need to be relocated within the east bufferyard of the site to
accommodate the proposed awning.
Case No. Attachment A
ZA21-0080 Page 3
UTILITIES: Water
The site is served by an existing 6-inch water line within the development.
Sewer
The site is served by an existing 6-inch sewer line within the development
There is one existing 24’ common access easement within this
development that accesses the Gateway Church property to the east.
There are also two existing stub-outs for future connection with the
adjacent property on the southern boundary. The previously approved site
plan eliminated the stub-out on the southwest boundary.
DRAINAGE: The current site drainage flows north and east on the property.
CITIZEN INPUT: A SPIN meeting was previously held on August 26, 2014 for this
development. A SPIN meeting was not held for this current request.
STAFF COMMENTS: The Site Plan Review Summary No. 2, dated October 15, 2021, is located
in Attachment ‘C’.
The site shall be subject to all previous conditions of approval for case
ZA13-075 and Ordinance No.480-647, unless specifically approved
otherwise.
Case No. Attachment B
ZA21-0080 Page 1
Case No. Attachment C
ZA21-0080 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA21-0080 Review No.: Two Date of Review: 10/15/21
Project Name: Site Plan – Mody Southlake
APPLICANT: DeVleer Consulting Services OWNER: Southlake Commons Holdings, LLC
Gary DeVleer Mihir Mody
3849 Van Ness Lane 6808 Hornwood
Dallas TX, 75220 Houston, TX 77074
Phone: 214-679-9782 Phone: 713-772-6200
Email: gdevleer@outlook.com Email: mihir@modia.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/4/2021 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 THE APPROPRIATE STAFF MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
1. The site shall be subject to all previous conditions of approval for case ZA13-075 and Ordinance
No.480-647, specifically approved otherwise. Revise the submitted plans to comply with the
following: the clock depicted on the building renderings will be a working clock; green screening
wall on the south elevation will be enhanced with a cross vine vegetation; applicant will extend
the stone planter on the eastern side of the north elevation similar to what is depicted on the
west side of the north elevation; and, the applicant will frame the doors on the north elevation
complementary to the other doors n oted on the renderings presented to Council.
_______________________________________________________________________________
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
LANDSCAPE COMMENTS:
1. There is some required landscaping that may be affected by the proposed awning. Two (2)
yaupon Holly trees and Thirteen (13) Indian Hawthorn.
* Indicates informational comment.
# Indicates required items comment.
_______________________________________________________________________________
Public Works/Engineering Review
Case No. Attachment C
ZA21-0080 Page 2
Sandy Endy, P.E.,
Civil Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
No comments.
______________________________________________________________________________
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8223
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
______________________________________________________________________
General Informational Comments
* No review of proposed signs is intended with t his site plan. A separate building permit is
required prior to construction of any 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 N o. 946, as amended.
* It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and
will require construction standards that meet requirements of the Airport Compatible Land
Use Zoning Ordinance No. 479.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones .
* The applicant should be aware that prior to issuance of a building permit, a fully corrected
site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval
and all required fees must be paid. This may include but not be limited to the following fees:
Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit
Fees.
* Denotes Informational Comment
Case No. Attachment D
ZA21-0080 Page 1
SURROUNDING PROPERTY OWNERS MAP
SPO # Owner Zoning Address Acreage Response
1. JPMORGAN CHASE BANK C3 1700 E SOUTHLAKE BLVD 2.12 NR
2. SOUTHLAKE FOOD MART LP/7-
ELEVE C3 2100 E SOUTHLAKE BLVD 0.94 NR
3. WENDY'S PROPERTIES LLC C3 2130 E SOUTHLAKE BLVD 0.79 NR
4. EQYINVEST OWNER II LTD LLP C3 2130 E SOUTHLAKE BLVD 7.37 NR
5. LANDRUM HOLDINGS LLC O1 175 WESTWOOD DR 0.97 NR
6. SOUTHLAKE COMMONS
HOLDINGS LLC SP1 111 S VILLAGE CENTER DR 1.48 NR
7. GATEWAY CHURCH CS 2121 E SOUTHLAKE BLVD 13.36 NR
8. VAN BUSKIRK PROPERTIES LLC SP1 131 S VILLAGE CENTER DR 0.90 NR
9. VAN BUSKIRK PROPERTIES LLC SP1 151 S VILLAGE CENTER DR 0.60 NR
10. SOUTHLAKE PROFESSIONAL
PARK LL SP1 1825 E SOUTHLAKE BLVD 0.71 NR
11. SOUTHLAKE PROFESSIONAL
PARK LL SP1 1845 E SOUTHLAKE BLVD 0.77 NR
12. S VILLAGE CENTER LLC O1 140 S VILLAGE CENTER DR 1.32 NR
13. G VERITAS HOLDINGS LLC SP1 1835 E SOUTHLAKE BLVD 0.68 NR
14. Superintendent of Carroll ISD NR
15. Superintendent of Grapevine
Colleyville ISD NR
16. Superintendent of Northwest
ISD NR
17. Superintendent of Keller ISD NR
F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment D
ZA21-0080 Page 2
Notices Sent: Fifteen (15)
Responses Received: In Favor: 0 Opposed: 0 Undecided: No Response: 15
Case No. Attachment E
ZA21-0080 Page 1
SURROUNDING PROPERTY OWNERS RESPONSES
No responses to date
Page 12
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-647a
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
DESCRIBED AS LOT 2, BLOCK 1, OF THE GUMM SCIFRES ADDITION,
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY
1.449 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1”
DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned “S-P-1” Detailed Site Plan
District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and,
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WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the
City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health and
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
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zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision of
transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument #
D208302522, Plat Records, Tarrant County, Texas, being approximately 1.473 acres,
and more fully and completely described in Exhibit “A” from “O-1” Office District to “S-
P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto
and incorporated herein as Exhibit “B,” and subject to the following conditions:
Subject to Site Plan Review Summary No. 4, dated September 18, 2013; noting
approval of the variance to the driveway ordinance as requested; the clock depicted
on the building renderings will be a working clock; green screening wall on the south
elevation will be enhanced with a cross vine vegetation; applicant will extend the
stone planter on the eastern side of the north elevation similar to what is depicted on
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the west side of the north elevation; and, the applicant will frame the doors on the
north elevation complementary to the other doors noted on the renderings presented
to Council.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be
subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable
and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,
paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended
hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
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hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
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PASSED AND APPROVED on the 1st reading the _____ day of _________, 2021.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ___ day of ________ 2021.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE: ___________________________
ADOPTED: _______________________
EFFECTIVE: ______________________
Page 12
EXHIBIT “A”
PROPERTY DESCRIPTION
Being legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument #
D208302522, Plat Records, Tarrant County, Texas, being approximately 1.473 acres.
Exhibit B
“S-P-1” REGULATIONS AS APPROVED WITH ORD. NO 480-647
Page 12
“S-P-1” Detailed Site Plan District
for
Mody Southlake 1
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480,
as amended, as it pertains to the “C-2 Retail Commercial District” uses and regulations with the following
exceptions:
Permitted Uses
The permitted uses al lowed pursuant to the C-2 Retail Commercial District zoning requirements shall
be permissible at the site with the following exceptions:
1. Bicycle sales and bicycle repair shops
2. Blueprinting or photostating
3. Business colleges or private schools for vocational training of office related careers, such as
stenographers, executive secretaries, etc.
4. Cleaning, dying and pressing works; laundry and Laundromats, provided that the floor area
does not exceed three thousand (3,000) square feet for separate or combined uses
5. Day nurseries
6. Dog and cat hospitals or small animal hospitals if conducted wholly within a completely
enclosed sound-proofed and air-conditioned building, providing that noise or odors created by
activities within the building sha ll not be perceptive beyond the property line; that no long term
boarding of animals is permitted except where related to medical treatment; and that no
animals are kept outside the building at any time
7. Duplicating service, printing, lithographing, mimeographing, multi-graphing and offset printing,
providing that that the floor area does not exceed two thousand (2,000) square fee t
8. Grocery stores and meat markets without size limitations; however, specialty grocers and
“meals to go” type uses to up two thous and five hundred (2,500) square feet shall be
permitted
9. Sporting goods stores specializing in gun sales and repair only
10. Tires, batteries and automobile accessory sa les, provided that such activities occur entirely
within the confines of the business structure itself
11. Frozen food lockers for individual or family use, not including the processing of food except
cutting or wrapping
Development Regulations:
The development regulations allowed pursua nt to the C-2 Retail Commercial District zoning
requirements shall be permissible at the site with the following exceptions:
1. Height:
• As stated in Section 18.5 of the O-1 Office District Zoning Ordinance: Height: No
building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed
thirty-five (35) feet.
• Requested Variance - We are requesting that the height of the proposed development
be limited as follows: Height: No building or structure shall exceed two and one-half
(2-1/2) stories, nor shall it exceed forty (40) feet.
2. Parking Ratio:
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• As stated in Section 35.6(8)(a), Number of Off-Street Parking Spaces Required:
Restaurant, Cafeteria or Café: 1 space per each 3 seats under maximum seating
arrangement, or 1 space per each 100 squ are feet of floor area, whichever is greater.
• Requested Variance – We are requesting the following parking ratio in accordance
with the proposed development and the operations therein to be based solely on
square footage and not seat count within the restaurant: Parking ratios shall be
calculated at one (1) per 100 square feet for res taurant, cafeteria or cafe use. Also the
Applicant receives credit for two (2) parking spaces removed pursuant to Planning
and Zoning Commission commentary (parking required equals code requirement
minus two spaces).
Variance to Section 43.9d – Overlay Zones:
Horizontal Articulation:
• As stated in Sections 43.9(c)(1)(d)(ii), 43.13(4)(i), 43.19(d)(1)(c)(i) of the Overlay
Zones Ordinance: Horizontal Articulation: No building facade shall extend greater than
three (3) times the wall’s height without having a minimum off-set of 15% of the wall’s
height, and such offset shall continue for a minimum distance equal to at least 25% of
the maximum length of either adjacent plane.
• Requested Variance – We are requesting a variance regarding the minimum distance
of the offset of the building façade, specifically: No building facade shall extend
greater than three (3) times the wall’s height without having a minimum off-set of 15%
of the wall’s height, and such offset shall continue for a minimum distance equal to at
least 20% of the maximum length of either adjacent plane.
Variance to Driveway Ordinance 634:
Stacking Distance for Driveway on S. Village Drive:
• As stated in Driveway Or dinance 634: As shown on Table 2 in Section 5.2(d) of the
Driveway Ordinance 634, there is a required 50’ stacking depth for the total number of
parking spaces.
• Requested Variance: Reduce the 50’ stacking to 30’ as it is currently existing and as
shown on the proposed site plan. Existing parking is forty (40) spaces and we are
proposing to add parking to a total of eighty-eight (88) spaces.
Variance to Section 42.4(f) Bufferyards of Zoning Ordinance:
Southeast Bufferyard :
• As stated in Section 42.4(f) Bufferyards: As shown in the Table in Section 42.4(f) of
the Bufferyards Section of the Zoning Ordinance, there is a required 10’ width for
Bufferyard type B .
• Requested Variance : Reduce the 10’ width to 5’ along the southeast side of the
property at the stub out area as it is currently existing and as shown on the proposed
site plan.
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Site Plan
ZA13-075
Case No. Attachment F
ZA21-0080 Page 1
ELEVATIONS
ZA13-075