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Item 6E Department of Planning & Development Services S T A F F R E P O R T November 24, 2009 CASE NO: ZA09-058 PROJECT: Specific Use Permit to allow Automobile Battery Sales in the Corridor Overlay District at Batteries Plus REQUEST: Jeff Lambeth and Felicia Gatlin, on behalf of FGG Cornerstone Plaza, LLC et al, are requesting approval of a specific use permit which will allow for battery sales to include automotive batteries at the proposed location which is in the FM 1709 Corridor Overlay Zone. Section 43.6 of the Comprehensive Zoning Ordinance 480, as amended, states that permitted uses shall be in accordance with the underlying zoning district. However, in C-2, C-3 and C-4 districts, tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself and nursery yards may only be allowed as a Specific Use Permit. The current zoning at the proposed location is S-P-2 with C-3 uses. The S-P_2 zoning does prohibit “retail stores with a primary product line including automotive tire and/or automotive batteries, automotive accessories and service stations.” The applicant has indicated that automotive batteries account for 10% or less of there product line, which would not preclude the use with approval of the Specific Use Permit. There are no proposed exterior changes to the existing building. Due to the limited scope of this request, no staff review summary is attached. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of specific use permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to Staff Presentation (D) Surrounding Property Owners Map (E) Resolution No. 09-075 STAFF CONTACT: Ken Baker (748-8067) Lorrie Fletcher (748-8069) Case No. ZA09-058 BACKGROUND INFORMATION OWNER: FGG Cornerstone Plaza, LLC et al APPLICANTS: Jeff Lambeth and Felicia Gatlin PROPERTY SITUATION: 2757 E. Southlake Blvd., Ste A-120 LEGAL DESCRIPTION: Lot 3, Block 1, Cornerstone Plaza LAND USE CATEGORY: Retail Commercial CURRENT ZONING: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses HISTORY: - March 6, 2001; City Council approved the zoning change and concept plan for Lots 1-3, Block 1, Cornerstone Plaza. Zoning approved as S-P-2 with C-3 uses. - February 20,2001; City Council approved at plat revision for this location. SOUTHLAKE 2025 PLAN/ STRATEGIC LINK: Quality Development; Safety and Security P&Z ACTION: November 19, 2009; Approved (6-0) subject to the life of the lease and noting that all inventory will be stored inside the building. Also, subject to Staff Report dated November 13, 2009. STAFF COMMENTS: The City Council shall consider the following in determining whether to grant a Specific Use Permit to allow battery sales at this location which is in the corridor overlay zone, according to the Comprehensive Zoning Ordinance No. 480, Section 45.5, as amended: 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 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. Case No. Attachment A ZA09-058 Page 1 h. Such other measures as will secure and protect the public health, safety, morals and general welfare. Case No. Attachment A ZA09-058 Page 2 Case No. Attachment B ZA09-058 Page 1 Plans and Support Information – Link to Staff Presentation ABOUT Batteries Plus ACCESS TO OVER 40,000 Batteries and Accessories through the Batteries Plus network to meet your evolving needs Batteries Plus was the first organization to respond to the evolving needs of the replacement battery market. Our first store opened in 1988 in Green Bay, Wisconsin. Since then, we have grown to be the largest and most comprehensive retail and business-to-business chain focused on the battery category. With over 360 stores in 42 states and Puerto Rico, Batteries Plus is the largest single-source supplier of batteries. Our product and technical knowledge has earned us the reputation of America’s Battery Experts.® Batteries Plus is a single source supplier of national and control brands, custom built battery packs, and battery-related products. We use breadth of product and technical knowledge in serving your battery needs. Product Catalog: PRIMARY Alkaline Barricade Lights Calculators/Planners Door Openers/Closers Fences/Invisible Perimeter Heavy Duty Keyless Entry Lithium Coin Meters/Measuring Primary Battery Cross Reference Radio Control Hobby RayovacHearing Aid ® Remote Control Equipment Scales Silver Oxide/Watch Smoke Alarm Specialty Primary Survey Equipment Time Clocks CAMERA Alkaline & Lithium Photo RECHARGEABLE Nuon NiMH Batteries & Chargers RayovacRechargeable Batteries & Chargers ® PowerEx NiMH Batteries & Chargers CUSTOM ASSEMBLY & NICD/NIMH NiCd/NiMH Cylindrical Tech Center Capabilities Tech Center Re-Built Packs & Custom Assembly FLASHLIGHT Flashlights Case No. Attachment C ZA09-058 Page 1 Lantern Batteries CAMCORDER & DIGITAL CAMERA Camcorder/Video Digital/Professional Digital Camera Grips MOBILE COMMUNICATION 2-Way Radio AC/DC Chargers Cell/Smart Phone iPod/MP3 & PDA ® Laptop/Notebook Scanner POWER MANAGEMENT Power Inverters Surge Protectors Uninterruptible Power Supply (UPS) CORDLESS TOOL Cordless Tool Battery Chargers OEM Cordless Tool RayovacCordless Tool ® MOTORCYCLE & POWER SPORT Battery Tender Odyssey X2 Power Sealed AGM Xtreme PERMASEAL Sealed AGM Xtreme Flooded TRANSPORTATION Automotive Battery Boxes Battery Tender & SolarPulse Systems Floor Scrubber, Sweeper, & Golf Carts Heavy Duty Equipment Jumper Cables, Terminals, & Cleaners Marine & RV Optima Rescue Packs Schumacher Chargers Truck & Bus Utility & Lawn Tractor SEALED LEAD ACID (SLA) Alarm/Alert Amplifi ers/PA Systems Cable Television/CATV High Rate SLA (Telecom) Emergency Equipment Exit Signs Hawker EnerSys Portable X-Ray RayovacAGM ® SLA Battery Replacement Guide Uninterruptible Power Supply (UPS) Werker SLA AGM Werker SLA AGM Deep Cycle & High Rate Werker SLA Gel Wheelchair BATTERY RECYCLING PROCESS Recycling Services Case No. Attachment C ZA09-058 Page 2 Surrounding Property Owners 8 9 10 5 6 1111 3 7 2 4 INSERT SPO MAP SPO # Owner Zoning Land Use Acreage Response 1. Office Commercial NR Williams, Roger G Etal S-P-2 1.56 2. Office Commercial NR S-Si Southlake Two Lp S-P-2 2.52 3. Office Commercial NR Harbor Town Partners Lp S-P-2 2.72 4. Industrial NR Paragon Property Holdings Lp S-P-2 1.55 5. Retail Commercial NR Fgg Cornerstone Plaza 5 Etal S-P-2 3.60 6. Retail Commercial NR Coppell/Dtr Center Lp S-P-2 1.73 7. Industrial / Retail Commercial NR Shurgard/Freemont Partners 11 S-P-2 4.67 8. Regional Retail NR Wyndham Properties Ltd S-P-2 34.08 9. Regional Retail NR Dmep Wyndham 2 Llc Etal S-P-2 3.24 10. Retail Commercial NR Shafer Plaza Xxv Ltd S-P-2 5.75 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Ten (10) Responses Received: None (0) Case No. Attachment D ZA09-058 Page 1 RESOLUTION NO. 09-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE RETAIL SALE OF BATTERIES TO INCLUDE AUTOMOTIVE BATTERIES AT A LOCATION THAT IS WITHIN THE FM 1709 CORRIDOR OVERLAY ZONE, ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2757 EAST SOUTHLAKE BOULEVARD, SUITE A-120, LOCATION BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1, CORNERSTONE PLAZA, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a Specific Use Permit for retail sales of batteries to include automotive batteries at a location within the FM 1709 Corridor Overlay Zone has been requested by a person or corporation having a proprietary interest in the property zoned as “S-P-2” Generalized Site Plan District with “C-3” General Commercial District uses; and, WHEREAS , in accordance with the requirements of Section 43.6 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 for the retail sale of batteries to include automotive batteries at a location that is within the FM 1709 Corridor Overlay Zone, on property within the City Of Southlake, Texas, located at 2757 East Southlake Boulevard, Suite A-120, location being legally described as Lot 3, Block 1, Cornerstone Plaza, an addition to the City of Southlake, Tarrant County, Texas, more fully and completely described in Exhibit “A”, and as depicted on the approved Site 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 Case No. Attachment E ZA09-043 Page 1 special conditions shall be applicable to the granting of this Specific Use Permit: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _______ DAY OF _______, 2009. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Lori Payne City Secretary Case No. Attachment E ZA09-043 Page 2 EXHIBIT A Property located at 2757 East Southlake Boulevard, Suite A-120, location being legally described as Lot 3, Block 1, Cornerstone Plaza, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment E ZA09-043 Page 3 EXHIBIT B Case No. Attachment E ZA09-043 Page 4 Case No. Attachment E ZA09-043 Page 5 Case No. Attachment E ZA09-043 Page 6 ABOUT Batteries Plus ACCESS TO OVER 40,000 Batteries and Accessories through the Batteries Plus network to meet your evolving needs Batteries Plus was the first organization to respond to the evolving needs of the replacement battery market. Our first store opened in 1988 in Green Bay, Wisconsin. Since then, we have grown to be the largest and most comprehensive retail and business-to-business chain focused on the battery category. With over 360 stores in 42 states and Puerto Rico, Batteries Plus is the largest single-source supplier of batteries. Our product and technical knowledge has earned us the reputation of Case No. Attachment E ZA09-043 Page 7 America’s Battery Experts.® Batteries Plus is a single source supplier of national and control brands, custom built battery packs, and battery-related products. We use breadth of product and technical knowledge in serving your battery needs. Product Catalog: PRIMARY Alkaline Barricade Lights Calculators/Planners Door Openers/Closers Fences/Invisible Perimeter Heavy Duty Keyless Entry Lithium Coin Meters/Measuring Primary Battery Cross Reference Radio Control Hobby RayovacHearing Aid ® Remote Control Equipment Scales Silver Oxide/Watch Smoke Alarm Specialty Primary Survey Equipment Time Clocks CAMERA Alkaline & Lithium Photo RECHARGEABLE Nuon NiMH Batteries & Chargers RayovacRechargeable Batteries & Chargers ® PowerEx NiMH Batteries & Chargers CUSTOM ASSEMBLY & NICD/NIMH NiCd/NiMH Cylindrical Tech Center Capabilities Tech Center Re-Built Packs & Custom Assembly FLASHLIGHT Flashlights Lantern Batteries CAMCORDER & DIGITAL CAMERA Camcorder/Video Digital/Professional Digital Camera Grips MOBILE COMMUNICATION 2-Way Radio AC/DC Chargers Cell/Smart Phone iPod/MP3 & PDA ® Laptop/Notebook Scanner POWER MANAGEMENT Power Inverters Surge Protectors Uninterruptible Power Supply (UPS) CORDLESS TOOL Cordless Tool Battery Chargers OEM Cordless Tool RayovacCordless Tool ® MOTORCYCLE & POWER SPORT Battery Tender Odyssey Case No. Attachment E ZA09-043 Page 8 X2 Power Sealed AGM Xtreme PERMASEAL Sealed AGM Xtreme Flooded TRANSPORTATION Automotive Battery Boxes Battery Tender & SolarPulse Systems Floor Scrubber, Sweeper, & Golf Carts Heavy Duty Equipment Jumper Cables, Terminals, & Cleaners Marine & RV Optima Rescue Packs Schumacher Chargers Truck & Bus Utility & Lawn Tractor SEALED LEAD ACID (SLA) Alarm/Alert Amplifi ers/PA Systems Cable Television/CATV High Rate SLA (Telecom) Emergency Equipment Exit Signs Hawker EnerSys Portable X-Ray RayovacAGM ® SLA Battery Replacement Guide Uninterruptible Power Supply (UPS) Werker SLA AGM Werker SLA AGM Deep Cycle & High Rate Werker SLA Gel Wheelchair BATTERY RECYCLING PROCESS Recycling Services Case No. Attachment E ZA09-043 Page 9