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Item 6E13 CITY OF S0UTHLA1<,E Department of Planning & Development Services STAFF REPORT October 9, 2013 CASE NO: CP13-002 PROJECT: Land Use Plan Amendment for Mody Southlake 1 EXECUTIVE SUMMARY: REQUEST DETAILS: Case No. CP13-002 The Mody Group, LTD is requesting approval of a Land Use Plan Amendment from Office Commercial to Retail Commercial for Mody Southlake 1 on property described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 111 S. Village Center Drive, Southlake, Texas. The current zoning is "0-1" Office District. The proposed zoning is "S-P-1" Detailed Site Plan District. SPIN Neighborhood #8. The Mody Group, LTD is requesting approval of a Land Use Plan Amendment from Office Commercial to Retail Commercial on property located at 111 S. Village Center Drive. The property has a current land use designation of Office Commercial. The Office Commercial land use category is defined by the Southlake 2030 Comprehensive Plan as: "...designed and intended for the exclusive use of office and limited office - related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. " w,ew �.�. T Rtg�unal Rttt� xrci 11 R-0 —.1 Law Darnily tial Existing Land Use Designation — Office Commercial The applicant is requesting to change the land use designation to Retail Commercial. This application is being processed in conjunction with a Zoning Change and Site Plan (Planning Case ZA13-075) for the development of approximately 1 '/2 acres. The zoning change proposes S-P-1 Detailed Site Plan District comprised of one building with high -end retail shops including a possible restaurant component. For this reason, a Land Use Plan Amendment is needed. The applicant's proposed development complies with the Retail Commercial land use category, which is defined as: "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 neighborhoods." r ,lel ,. ¢ 'm II Re�aii Commercial � "' Office C m ercial Low Density m lenfial Proposed Land Use Designation — Retail Commercial Case No. CP13-002 A justification letter from the applicant describing the circumstances of the property is included under Attachment `C' of this staff report. ACTION NEEDED: 1. Conduct public hearing 2. Consider 2nd reading approval of land use plan amendment ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Support Information - Link to Staff Presentation (D) SPIN Report dated June 24, 2013 (E) Ordinance 1074 STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. CP13-002 BACKGROUND INFORMATION OWNER: James & Jason Halek APPLICANT: The Mody Group, LTD PROPERTY SITUATION: 111 S. Village Center Drive LEGAL DESCRIPTION: Lot 2, Block 1, Gumm Scifres Addition LAND USE CATEGORY: Office Commercial PROPOSED LAND USE: Retail Commercial CURRENTZONING: "0-1" Office District REQUESTED ZONING: "S-P-1" Detailed Site Plan District CITIZEN INPUT: A SPIN meeting was held on June 24, 2013. A meeting summary report is included as Attachment `D' of this report. P&Z ACTION: September 19, 2013; Approved (5-0) as presented, subject to the staff report dated September 13, 2013. CITY COUNCIL ACTION: October 1, 2013; Approved (7-0) as presented. Case No. Attachment A CP13-002 Page 1 1P16951723 1721 1725 o 0 �v 0 N W. Vicinity Map 111 S. Village Center Drive 2110 � 2120 w z w U o w N 0 Q J J_ 2140 1700 1 2100 I2120 2130 EAST SOUTHLAKE BLVD 1901 1 k 2121 O N r ry � W 3 1- i w U` '- U in 2171 N w ZA13-075 and CP13-002 Zoning Change and Site Plan Land Use Plan Amendment 0 305 610 1,220 Feet Case No. Attachment B CP13-002 Page 1 Support Information ►A ODY 111 S. Village Drive The Mody Group, Ltd. (the "Mody Group"), is under contract and currently renting the property previously known as the Halek Energy building located on Southlake Boulevard (and more commonly known as l I l S. Village Drive, Southlake, Texas). The Mody Group desires to develop the property so that it will consist of some high -end retail shops including a possible upscale restaurant in conjunction with its new, permanent location for its home entertainment store, Modia, which has been a staple in Southlake for many years. 3a: Non -Conforming Features: This property is currently zoned 0-1 for office commercial district. The Mody Group is seeking to change the zoning to SP-1 zoning with specific, limited C-2 uses. SP-1 zoning with specific, limited C-2 uses would better fit the Mody Group's intended use of the property which is to attract high -end retail and a fine restaurant. Retail establishments and the option of a restaurant are not permitted under 0-1 and the types of high - end companies that the Mody Group intends to attract would not all fit into the types of business use currently allowed under 0-1 zoning. 3b: Changed Conditions: The types of business allowed by 0-1 zoning are already prevalent in the City of Southlake. Several of these types of businesses, such as professional offices, have struggled in the economy and there are several vacant buildings that fall within the 0-1 zoning use. Moreover, the building currently on the property is a former bank building — because of certain deed restrictions, the property can no longer be used as a bank. Currently, the property still shows signs of its prior existence as a bank, including a covered canopy for drive through lanes which is an eyesore, This canopy requires redesign and redevelopment to realize the full potential of the property. Further, adjacent property has recently changed its intended use which would fit well with some uses in addition to C-2 uses. Another changed condition involves the completion of the medians in Southlake in recent years which makes signalized corners more appropriate for slightly more intense uses than just those offered under straight 0-1 zoning. 3c: Appropriate Land Use Designation: The requested land use is more appropriate than the existing designation because of the changes outlined in section 3b (above). Further, the types of businesses under 0-1 zoning are in considerable abundance in Southlake. Many have a difficult time affording the rent that needs to be charged for the area where the property is located. In addition, the types of businesses allowed by 0-1 zoning are prevalent in the area and there is less demand for these types of businesses in Southlake. The Mody Group feels that the types of businesses it seeks to attract would add strength and further diversity to the City's economy and are appropriate in light of changed circumstances that exist. 3d: Compatibility with Surrounding LUD: The requested land use designation is compatible with surrounding development and land uses. The land uses across Southlake Boulevard from the subject property and the land uses and development to the east of the Lin u ODY The Mody Group, Ltd. 6808 Hornwood Drive, Houston TX 77074 Phone: 713.772.6200 Fax: 713.772.0500 I www.modyspace.com Case No. Attachment C CP13-002 Page 1 property are consistent with the requested use. The design of the project is compatible with the developed adjacent parcels, and buffers, setbacks and open spaces have been strategically located to mitigate any adjacency concerns. 3e: Goals of the Consolidated Land Use Plan and Southlake 2030: This project would meet and further the goals of the Consolidated Land Use Plan, the goals of the applicable Area Plan, and the goals of Southlake 2030. Specifically, the Mody Group's proposed project will do the following: Promote unique community character through a cohesive theme by emphasizing urban design detail and performance standards for structures, streets, street lighting, landscaping, entry features, wayfinding signs, open spaces, amenities, pedestrianlautomobile orientation and transition to adjacent uses. The Mody Group's proposed project has been designed to fit within the area by creating a design that compliments existing developments in the City of Southlake while adding unique touches and more diverse up -scale uses. The site plans for the proposed project incorporate features from Southlake Town Square, thereby extending the classic theme of development down Southlake Boulevard to other projects and creating a lasting impression of Southlake. Existing landscaping will compliment the existing trees and landscape on the property. • Explore and encourage opportunities for redevelopment when appropriate. Because the location of the proposed project can no longer be used for the purpose it was originally designed, the Mody Group has designed a plan that will use as much of the pre- existing building as possible while redeveloping the remaining portion of the original building and covered canopy for drive through lanes to accommodate future uses of the property to eliminate an eyesore and enhance the property to its full potential. • Ensure high -quality design and a heightened sensitivity towards the integration of new development with the existing development and urban design pattern. The Mody Group plans to use only the finest of building materials and to incorporate features from Southlake Town Square into the proposed project. The design of the project will showcase traditional building designs and materials from Southlake Town Center and other similar developments while incorporating touches of urban design into the development. • Foster an environment that retains and supports existing businesses to ensure the sustainability of our existing tax base. The Mody Group's home media store, Modia, has had a location in Southlake for years. The Mody Group desires to construct a lopment that will allow additional businesses to add WAO AW►OIODY The Mody Group, Ltd. 6808 Hornwood Drive, Houston TX 77074 Phone: 713,772.6200 Fox: 713.772.0500 I www.modyspoce.com Case No. Attachment C CP13-002 Page 2 Southlake locations or to relocate to a Southlake location within their development to sustain long-term business revenue and permanency. • Attract desired businesses to ensure economic growth as well as continued employment and services for residents of the City. The proposed project features suites designed to attract high -end companies and fine restaurants. This design will further the economic development of the City of Southlake, and will allow for more reputable, stable vendors to establish a location in Southlake, adding to Southlake's vision of long-term growth and upscale development. 3f: Identification of Unique Characteristics: The Mody Group desires to attract new high -end vendors to the project in addition to relocating their unique, upscale store, Modia, to fuse existing Southlake business with new business. The proposed project's location provides a unique opportunity to act as a buffer for transition between new projects in the area and the conversion of the old Gateway Church property to a college facility, and to intermingle features from Southlake Town Square down Southlake Boulevard. an f�il0DY The Mody Group, Ltd. 6808 Hornwood Drive, Houston TX 77074 Phone: 713.772.6200 Fox: 713.772.0500 I www.modyspace.com Case No. Attachment C CP13-002 Page 3 USOUTHLAKE SPIN MEETING REPORT CASE NO. NIA — pending formal application PROJECT NAME: 111 South Village Center Drive SPIN DISTRICT: SPIN #8 MEETING DATE: June 24, 2013; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3C — 3D TOTAL ATTENDANCE: Ten (10) • SPIN REPRESENTATIVE(S) PRESENT: Matt Schirle (#8) • APPLICANT(S) PRESENTING: Warren Johnson, Johnson Design Group; et al four (3) • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher: (817)748-8069 or Ifletcheraci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 111 South Village Center Drive. Development Details New location for Modia Home Theatre Store • Current zoning is 0-1 Office District; proposed zoning is S-P-1 Detailed Site Plan District • Previous location for bank with drive through station • Existing drive through to be demolished and two-story retail building plus clock tower proposed for construction. Existing building to be re -clad. • Proposed development: retail approximately 8067 square feet; restaurant approximately 4500 square feet. Case No. Attachment D CP13-002 Page 1 Exhibits r Case No. Attachment D CP13-002 Page 2 QUESTIONS/CONCERNS • Is the only entrance from Village Center Drive? o No, you can access the property from Gateway. • What type of retailers? o We don't really know yet but anticipate coffee shops, fine dining, yogurtlice cream • Nail salon? o No • How many suites will this have? o There will be two suites on the bottom and one on top plus the Modia store. • I like the clock tower 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 CP13-002 Page 3 Ordinance No. 1074 AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. WHEREAS, a Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter election on April 4, 1987; and, WHEREAS, the Home Rule Charter, Chapter XI requires an update to the City's comprehensive plan elements every four years, WHEREAS, the City Council recognizes that the Consolidated Future Land Use Plan is an element of the Southlake 2030 Plan, the City's Comprehensive Master Plan, WHEREAS, the City Council has determined that the Consolidated Future Land Use Plan complies with the Southlake 2030 Vision, Goals, & Objectives, WHEREAS, the City Council has deemed that the Consolidated Future Land Use Plan has been formulated with adequate public input, WHEREAS, the City Council has deemed that the recommendations in the Consolidated Future Land Use Plan herein reflect the community's desires for the future development of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this ordinance as if copied in its entirety. Section 2. Future Land Use Plan designation for parcels indicated in Exhibit "A" is changed from Office Commercial to Retail Commercial. Section 3. The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the ordinance and minute order of the Council so adopting or approving the same. Any existing element of the Comprehensive Master Plan which has been heretofore adopted by the City Council shall remain in full force until amended by the City Council as provided herein. Section 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Case No. Attachment E CP13-002 Page 1 Section 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 7. 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 1st reading the day of 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2013. MAYOR Case No. Attachment E CP13-002 Page 2 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. CP13-002 ATTEST: CITY SECRETARY Attachment E Page 3 EXHIBIT A TOM1 Ce1119! �® iRa T. mr 'l Re lComre—I "' OffceC m ercial ]DI11,11 enlial Legal Description Being described as Lot 2, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment E CP13-002 Page 4