Item 7C13 SOUTHLAI<,,E
CITY OF
Department of Planning & Development Services
STAFF REPORT
July 27, 2011
CASE NO: ZA11 -029
PROJECT: Zoning Change and Site Plan for Lot 3, Block 1, Village Center Phase I
EXECUTIVE
SUMMARY: Global Realty & Management TX, Inc. is requesting approval of a zoning change and
site plan from "C -3" General Commercial District to "S -P -1" Detailed Site Plan District
with "C -3" General Commercial uses for Lot 3, Block 1, Village Center Addition Phase
1 on approximately 13.078 acres located at 2110 and 2140 E. Southlake Blvd. SPIN #8
DETAILS: The applicant is requesting approval a zoning change and site plan from "C -3" General
Commercial District to "S -P -1" Detailed Site Plan District with "C -3" General
Commercial uses for Lot 3, Block 1, Village Center Addition Phase 1 to allow the sale
of used merchandise with approval of a Specific Use Permit. No physical
improvements to the property are proposed. An alternate site plan that shows a
separate lot for the Kroger store has been submitted in the event that requests for
approval of a concept plan (ZA10 -058) and a plat revision (ZA10 -059) to create the
separate Kroger lot are approved by City Council.
ACTION NEEDED: Coi
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
STAFF CONTACT:
isider 1 st reading approval of a Zoning Change and Site Plan
Background Information
Vicinity Map
Plans and Support Information — Link to PowerPoint
SPIN Meeting Report dated July 11, 2011
Site Plan Review Summary No. 2, dated July 15, 2011
Surrounding Property Owners Map and Responses
Ordinance No. 480 -606
Full Size Plans (for Commission and Council Members Only)
Dennis Killough (817) 748 -8072
Richard Schell (817) 748 -8602
Case No.
ZA11 -029
BACKGROUND INFORMATION
OWNER: Egylnvest Owner II LTD, LLP
APPLICANT: Global Realty & Management TX, Inc.
PROPERTY SITUATION: 2110 and 2140 E Southlake Blvd.
LEGAL DESCRIPTION: Lot 3, Block 1, Village Center Addition, Phase I
LAND USE CATEGORY: Town Center
CURRENT ZONING: "C -3" General Commercial District
REQUESTED ZONING: "S -P -1" Detailed Site Plan District
HISTORY: -A zoning change (ZA94 -016) from "AG" Agricultural and "C -3" General
Commercial District to "C -3" General Commercial District was approved March
15, 1994.
-A preliminary plat (ZA95 -076) for Village Center Lots 1 -6, Block 1 and Lots 1-
7, Block
-A concept plan (ZA95 -122) for Village Center Phase I was approved January
6, 1996.
-A site plan (ZA96 -006) for Lot 3, Block 1, Village Center Phase I was
approved March 5, 1996.
-A final plat (ZA96 -033) for Lots 1 -4, Block 1, Village Center Phase I was
approved April 4, 1996 and filed August 26, 1996.
-A revised site plan (ZA96 -046) for Lot 3, Block 1, Village Center Phase I was
approved May 21, 1996.
CITIZEN INPUT: A SPIN meeting for the zoning change and site plan request and for the
associated Specific Use Permit for a Clothes Mentor store was held on July 11,
2011 (see attachment D).
TREE PRESERVATION: No trees will be affected by the proposed lot boundary changes.
PLANNING AND ZONING
COMMISSION APPROVAL: July 21, 2011; Approved (7 -0) subject to Site Plan Review Summary No. 2,
dated July 15,
STAFF COMMENTS: Site Plan Review Summary No. 2, dated July 13, 2011 is attached.
Case No. Attachment A
ZA11 -029 Page 1
Vicinity Map
Lot 3, Block 1, Village Center, Phase
STgTE HWY 114
E SOUTHLAKE BLVD (FM 1709)
ZA 11 -029
Zoning Change and Site Plan
2110 & 2140 E. Southlake Blvd.
(F.M. 1709)
N
F
0 350 700 1,400
Feet
S
ZA11 -029 Page 1
PLANS AND SUPPORT INFORMATION — . LINK TO POWERPOINT
PROPOSED S -P -1 REGULATIONS
"S -P -1" REGULATIONS
The site shall follow the "C -3" General Commercial District uses and regulations
in accordance with Ordinance No. 480, Section 22, as amended, subject to all
previous conditions of approval.except as follows:
Permitted Uses
1. Any use permitted in the "C -3" General Commercial District.
2. The sale of used merchandise is permitted with approval of a Specific Use
Permit in accordance with Ordinance No. 480, Section 45, as amended.
Case No. Attachment C
ZA11 -029 Page 1
SITE PLAN
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Case No. Attachment C
ZA11 -029 Page 2
ALTERNATE SITE PLAN WITH SEPARATE KROGER LOT
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Case No. Attachment C
ZA11 -029 Page 3
S
CASE NO.
PROJECT NAME:
SPIN DISTRICT:
MEETING DATE:
MEETING LOCATION
SPIN MEETING REPORT
ZA11 -029 & ZA11 -030
Clothes Mentor
SPIN # 8
July 11, 2011; 6:00 PM
1400 Main Street, Southlake, TX
Training Rooms 3A — 3B
TOTAL ATTENDANCE: Six (6)
• SPIN REPRESENTATIVE(S) PRESENT: Pattie Minder (# 8)
• APPLICANT(S) PRESENTING: Charles Bell and Pat Bracken from Clothes Mentor and
Vicky Johnson from Global Realty and Management, Inc. TX
• STAFF PRESENT: Richard Schell, Planner II
STAFF CONTACT: Richard Schell, Planner II, ( 817) 748 -8602; rschell@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
• The property is located at 2110 and 2140 E. Southlake Blvd. in Village Center, Phase I.
Development Details
• The applicant is requesting approval of a zoning change and site plan from "C -3"
General Commercial District to "S -P -1" Detailed Site Plan District to allow the sale of
used merchandise with approval of a Specific Use Permit. The applicant is also
requesting approval of a Specific Use Permit to allow Clothes Mentor to sell used, better
quality women's clothing and accessories that are approximately 12 -24 months old in a
mall -like setting.
QUESTIONS! CONCERNS
• How do you know the clothes are 12 -24 months old?
o We use the date in the garment, if available, or label guides.
• How are the clothes organized?
o The clothes are organized by type, so all the shorts are together, for example.
They are also divided into two size categories.
• What is the turnover?
o Eighty percent of the items are sold in the first ninety days. Seasonal clothes are
kept for six months and basics for one year. There are clearance sales twice a
year. The clothes are written off after that.
• Do you have a way to know the merchandise is authentic?
o The franchiser provides authentication guides. We train our staff for two months.
Case No. Attachment D
ZA11 -029 Page 1
• How do you make money?
o The clothes are priced at seventy percent off. We offer one -third of that.
Why did you choose the Kroger center?
o Because of the walk by traffic generated by Indoor Safari, the yoga studio and
Panera bread.
• 1 don't want a thrift store.
What about shoes? Is there a health issue?
o No. Shoes are our biggest seller.
• Will the employees be adults?
o There will be a combination. The younger employees will be tagging and hanging
clothes.
Will there be security cameras?
o Yes.
What will be the size of the store?
c It will be just shy of 4,400 square feet.
1 don't want racks outside.
o We don't do that.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The
report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City
staff, and the public of the issues and questions raised by residents and the general responses made. Responses as
summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly
encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment D
ZA11 -029 Page 2
SITE PLAN REVIEW SUMMARY
Case Nos.: ZA11 -029 Review No.: Two Date of Review: 07/15/11
Project Name: Site Plan — Lot 3, Block 1, Village Center Phase I
APPLICANT: Vicky Johnson
Global Realty & Management, TX
4001 W. Green Oaks Blvd., #217
Arlinaton. TX 76016
Phone: (817) 478 -9400
E -mail: vjohnson @gfinvestments.com
OWNER:
EQYlnvest Owner II, LLP
280 Park Avenue 36 Floor
New York, NY 10017
Phone: (212) 599 -4700
Fax: N/A
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
07/05/11 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 OR DENNIS KILLOUGH AT (817) 748 -8072.
Informational Comments:
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
All mechanical equipment must be screened of view 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.
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 Plat must be processed
and filed in the County Plat Records, 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 E
ZA11 -029 Page 1
SURROUNDING PROPERTY OWNERS
2110 and 2140 E. Southlake Blvd.
it
m
W
U
i
E SH 114
11
4
� a
z
W
10 U 3
W
Q
J
J
9 �
6 7
EAST SOUT LAKE BLVD
s
4 1 2
D
W
H
z
p W
z U
O W
SPO #
1.
Owner
Ethan Allen Retail Inc
Zoning
SP1
Land Use
Retail Commercial
Acreage
2.06
Response
NR
2.
Greenway- 1709 /Eleven II Lp
SP1
Retail Commercial
1.76
NR
3.
Inland W Southlake Corners Ltd
C3
Regional Retail
16.71
NR
4.
Gateway Church
CS
Office Commercial
13.66
NR
5.
Halek, Jason A & James M
01
Office Commercial
1.47
NR
6.
Southlake Food Mart Lp
C3
Town Center
0.94
NR
7.
Wendys International Inc
C3
Town Center
0.79
NR
8.
Eqyinvest Owner II Ltd Llp
C3
Town Center
13.15
NR
9.
Jpmorgan Chase Bank
C3
Town Center
2.12
NR
10.
Goldfish (De) Lp
C3
Town Center
4.66
NR
11.
Hd Development Propertiex, Lp
C3
Town Center
11.60
NR
Responses: F: In Favor
Case No.
ZA11 -029
O: Opposed To U: Undecided NR: No Response
Attachment F
Page 1
Notices Sent: Eleven (11)
Responses Received: None (0)
Case No. Attachment F
ZA11 -029 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -606
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 LEGALLY DESCRIBED AS LOT 3,
BLOCK I, VILLAGE CENTER PHASE I. AN ADDITION TO THE
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 13.078 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL
COMMERCIAL 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 as "C -3" General
Case No. Attachment G
ZA11 -029 Page 1
Commercial 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,
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 ad 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
Case No. Attachment G
ZA11 -029 Page 2
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
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 described as Lot 3, Block 1, Village Center Phase I, an addition to the City of
Case No. Attachment G
ZA11 -029 Page 3
Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slide
3049, Plat Records, Tarrant County, Texas, being approximately 13.078 acres, and
more fully and completely described in Exhibit "A" from "C -3" General Commercial
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:
1.
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
Case No. Attachment G
ZA11 -029 Page 4
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.
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
Case No. Attachment G
ZA11 -029 Page 5
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 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.
PASSED AND APPROVED on the 1 st reading the day of , 2011.
MAYOR
ATTEST:
Case No. Attachment G
ZA11 -029 Page 6
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2011.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment G
ZA11 -029 Page 7
EXHIBIT "A"
Being described as Lot 3, Block 1, Village Center Phase I, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat filed in Cabinet A, Slide 3049, Plat Records,
Tarrant County, Texas and being approximately 13.078 acres,
Case No. Attachment G
ZA11 -029 Page 8
EXHIBIT "B"
Reserved for approved Site Plan
Case No. Attachment G
ZA11 -029 Page 9