Item 6E9
CASE NO: ZA20-0031
SOUTHLA14CE
PLANNING & DEVELOPMENT
SERVICES
STAFF REPORT
June 9, 2020
PROJECT: Specific Use Permit for Lot 5, Kimball Park
EXECUTIVE
SUMMARY: Kimball Park JV, LLC is requesting approval of a Specific Use Permit for a
corporate office use in accordance with the "S-P-2" Generalized Site Plan District
zoning under Ordinance No. 480-657D on property described as Lot 5 Kimball
Park an addition to the City of Southlake, Tarrant County, Texas, located at 2112
E. State Hwy. 114, Southlake, Texas. 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 are permitted in
the existing "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. The "S-P-2" zoning also allows, for Lot 5 only, a
single tenant corporate office with associated events and internal
showroom/gallery for displays, occupying the entire building, with approval of a
Specific Use Permit.
The purpose of this request is 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. The corporate office (Artful Living Media)
proposes to utilize patio space as extension of showroom for public/private
events. Artful Living Media is requesting that the SUP run concurrently with a 10-
year lease with a 5-year extension for entire the entire building.
Lots 4 & 5: "C-2" Local Retail Commercial District uses limited to:
• Restaurant (Bar is a permitted accessory use)
• Coffee Shop/ Restaurant with Drive-Thru Service on Lot 4 only (excludes fast
food)
• Retail
• Health & Well Being businesses (massage therapy, fitness, health related
products)
• Spa
• Corporate Office for a single tenant use only, occupying the entire building, as
to lot 5 only and only with approval of a Specific Use Permit.
• Corporate Office to utilize patio space as extension of showroom for
public/private events.
Case No.
ZA20-0031
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval of a Specific Use Permit
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Review Summary No. 1, dated June 9, 2020
(D) Surrounding Property Owners Map and Responses
(E) Resolution No. 20-023
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Artful Living Narrative
Link to SUP Request
Link to Applicant Presentation
Link to Corridor Planning Committee Report
Link to SPIN meeting Report
STAFF CONTACT: Ken Baker (817) 748-8067
Madeline Oujesky (817) 748-8070
Case No.
ZA20-0031
BACKGROUND INFORMATION
OWNER/
APPLICANT: KP JV, LLC (Paul Moss)
PROPERTY SITUATION: This property is generally located north of E. S.H. 114 and west of N.
Kimball Ave. Addressed as 2112 E. State Hwy. 114, Southlake, Texas
LEGAL DESCRIPTION: Lot 5, 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.
- A Zoning Change and Concept/Site Plan (ZA12-067) from "I-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) from "S-P-2"
Generalized Site Plan District to "S-P-2" Generalized Site Plan District for
2112 E. State Hwy 114 (Lot 5) was denied (5-2) on May 19, 2020 (1st
Motion).
- A Zoning Change and Concept/Site Plan (ZA20-0016) from "S-P-2"
Generalized Site Plan District to "S-P-2" Generalized Site Plan District for
2112 E. State Hwy 114 (Lot 5) was approved (6-1) on May 19, 2020,
noting approval for a corporate office for a single -tenant use will require a
separate Specific Use Permit for Lot 5 only and accepting the remainder
Case No. Attachment A
ZA20-0031 Page 1
of the regulations as presented (2nd Motion).
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: The following meetings were held to discuss the development:
A SPIN meeting was held for this project on February 11, 2020. Link to
SPIN Report
A 2035 Corridor Planning Committee meeting was held on January 29,
2020. Link to Corridor Plannina Committee Reoort
PLANNING & ZONING
COMMISSION: June 4, 2020; Approved (6-0) subject to the staff report dated June 4,
2020 tying the SUP to the lease, which is one ten year term with a five
year option if exercised.
STAFF COMMENTS: Attached is Review Summary No. 1, dated June 9, 2020.
Case No. Attachment A
ZA20-0031 Page 2
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Case No.
ZA20-0031
Attachment B
Page 1
REVIEW SUMMARY
Case No.: ZA20-0016 Review No.: One Date of Review: 6/09/20
Project Name: SUP for Lot 5, Kimball Park
APPLICANT: KP JV, LLC OWNER: KP JV, LLC
Paul Moss Paul Moss
8821 Davis Blvd., #220 8821 Davis Blvd., #220
Keller, TX 76248 Keller, TX 76248
Phone: 817-723-7860 Phone: 817-723-7860
Email: paul@marinabayhomes.net Email: paul@marinabayhomes.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/21/2020 AND WE OFFER THE
FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF 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
Madeline Oujesky
Assistant to the Director
Phone: (817) 748-8070
Email: moujesky@ci.southlake.tx.us
PLANNING COMMENTS:
Applicant addressed all comments in Formal Submittal per Concept/Site Plan Review Summary #1.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin(cDci.southlake.tx.us
TREE CONSERVATION COMMENTS:
No comments based on submitted information.
LANDSCAPE COMMENTS:
No comments based on submitted information.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Deputy Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson(a)ci.southlake.tx.us
Case No. Attachment C
ZA20-0031 Page 1
GENERAL COMMENTS:
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.
Stephanie Taylor
Transportation Manager
Phone: 817-748-8216
Email: staylor(a)ci.south lake.tx.us
No comments.
Public Works Traffic Division
General Informational Comments
A SPIN Meeting was held on February 11, 2020.
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
ZA20-0031 Page 2
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
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SPO #
Owner
Zoning
Physical Address
Acreage
Response
1.
BARGER EQUITY GROUP LLC
11
440 N KIMBALL AVE
0.33
NR
2.
BELF, BRETT
AG
501 N KIMBALL AVE
3.40
NR
3.
BOWEN SL LTD
11
450 N KIMBALL AVE
0.37
NR
4.
BRIARWOOD TOWNHOMES LP
MF1
420 BRIARWOOD DR
0.57
NR
5.
BROWN, RONNI
SF1-A
600 BRIARWOOD DR
1.27
NR
6.
BTH & RA ASSOCIATES INC
MF1
400 BRIARWOOD DR
0.54
NR
7.
CARDARELLI, PAUL
C2
2010 E STATE HWY 114
1.05
NR
8.
CHERRY LANE PARTNERS LP
01
485 CHERRY LN
1.95
NR
9.
CLTH AND AR ASSOCIATES INC
MF1
440 CHERRY LN
0.50
NR
10.
COMPUTER CPR COMMAND
01
469 CHERRY LN
1.00
NR
Case No. Attachment D
ZA20-0031 Page 1
CENTER LL
11.
COTY, ROB
SF1-A
600 CHERRY LN
1.00
NR
12.
DANIEL TALIAFERRO INC
11
500 N KIMBALL AVE # 102
1.60
NR
13.
DRIGGERS, RANDALL D
SF1-A
450 BRIARWOOD DR
1.06
NR
14.
EKSTROM, DELTON E
SF1-A
650 CHERRY CT
0.99
NR
15.
FC SOUTH LAKE LLC
SP2
2104 E STATE HWY 114
3.64
NR
16.
FIRST FINANCIAL TRUST & ASSET
MF1
675 CHERRY LN
0.98
NR
17.
FUSSELMAN, BRUCE
SP2
2100 E STATE HWY 114
1.78
NR
18.
GREAT GROWTH PROPERTIES LLC
SP1
2118 E STATE HWY 114
0.75
NR
19.
HAGAR, STEPHEN T
AG
479 N KIMBALL AVE
3.80
NR
20.
HALIM, EMIL A
MF1
725 CHERRY CT
0.96
NR
21.
HARRIS, KIMBERLY SUSAN
SF1-A
700 CHERRY CT
0.95
NR
22.
KAUFMAN, JAMES C
SF1-A
625 BRIARWOOD DR
1.35
NR
23.
KIMBALL LAKES PROPERTY OWNERS
SP2
572 N KIMBALL AVE
0.39
NR
24.
KP SOUTHLAKE JV LLC
SP2
2112 E STATE HWY 114
1.30
NR
25.
LEE, K WAYNE
SP2
566 N KIMBALL AVE
0.66
NR
26.
LR SOUTHLAKE PARTNERS LP
SP1
1980 E STATE HWY 114
1.53
NR
27.
MADUPUR MEDICAL OFFICE LLC
SP1
420 N KIMBALL AVE
0.53
NR
28.
MC PROPERTIES INC
SP1
1940 E STATE HWY 114
1.14
NR
29.
MDP KIMBALL PARK 114 LLC
SP2
2102 E STATE HWY 114
1.56
NR
30.
MDP KIMBALL PARK OFFICE LLC
SP2
2108 E STATE HWY 114
5.17
NR
31.
MDP SOUTHLAKE LLC
SP2
2114 E STATE HWY 114
2.97
NR
32.
MOSS, ANGELIA J
SF1-A
550 CHERRY LN
1.09
NR
33.
ONCOR ELECTRIC DELIVERY CO LLC
CS
550 N KIMBALL AVE
2.48
NR
34.
PARADIS, THOMAS
MF1
450 CHERRY LN
0.94
NR
35.
PATEL, HARSHADBHAI
MF1
425 BRIARWOOD DR
1.03
NR
36.
PERKINSON, DOUGLAS ABLE
SF1-A
575 BRIARWOOD DR
1.03
NR
37.
POKHREL, RAMESH K
SF1-A
500 BRIARWOOD DR
1.07
NR
38.
REYNAL, JOHN
MF1
575 CHERRY LN
1.10
NR
39.
SILVERADO SOUTHLAKE LLC
SP1
2001 E KIRKWOOD BLVD
4.41
NR
40.
ST LAURENCE EPISCOPAL CHURCH
CS
517 N KIMBALL AVE
6.43
NR
41.
TATE, JOHN T
SP2
2120 E STATE HWY 114
0.92
NR
42.
TDC MANAAGEMENT LLC
SP2
560 N KIMBALL AVE
0.48
NR
43.
TEXAS PETRO CORP III
SP2
2150 E STATE HWY 114
1.16
NR
44.
TOWRY, JOHN EARL
SF1-A
475 BRIARWOOD DR
1.13
NR
45.
VAN TIL, JOHN J
MF1
627 CHERRY LN
1.00
NR
46.
VAN TIL, ROBERT
MF1
500 CHERRY LN
1.15
NR
47.
WAGNER, STEVEN R
SF1-A
550 BRIARWOOD DR
1.05
NR
Responses: F: In Favor O: Opposed U: Undecided
Notices Sent: Forty-seven - (47)
Responses Received within 200': Zero (0)
NR: No Response
Case No.
ZA20-0031
Attachment D
Page 2
RESOLUTION NO. 20-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT
FOR A SINGLE TENANT CORPORATE OFFICE WITH
ASSOCIATED EVENTS AND INTERNAL
SHOWROOM/GALLERY FOR DISPLAYS TO OCCUPY THE
ENTIRE BUILDING IN ACCORDANCE WITH THE "S-P-2"
GENERALIZED SITE PLAN DISTRICT ZONING UNDER
ORDINANCE NO. 480-657D ON PROPERTY DESCRIBED AS
LOT 5 KIMBALL PARK AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS 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. 480-657D; 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.
Case No. Attachment E
ZA20-0031 Page 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
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:
• 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 , 2020.
CITY OF SOUTHLAKE
Laura Hill, Mayor
ATTEST:
Amy Shelley
City Secretary
Case No. Attachment E
ZA20-0031 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
ZA20-0031 Page 3
EXHIBIT B
Reserved for Site Plan
Case No. Attachment E
ZA20-0031 Page 4