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Item 9Case No. ZA21-0028 S T A F F R E P O R T April 16, 2021 CASE NO: ZA21-0028 PROJECT: Zoning Change and Site Plan for 3220 W. Southlake Blvd. EXECUTIVE SUMMARY: Tone Shop Southlake, LLC, is requesting approval of a Zoning Change and Site Plan on property desc ribed as Lot 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas, and located at 3220 W. Southlake Blvd., Southlake, Texas. SPIN Neighborhood #11. DETAILS: This project is located approximately 225 feet east of the intersection of W. Southlake Blvd. and Pearson Road on the southside of the road. The purpose of this request is to seek approval of a zoning change and site plan to allow retail sales of musical instruments in an approximately 3,450 square foot lease space of the existing 7,529 square foot building. The existing tenant, School of Rock has reduced their lease space to approximately 4,100 square feet and will remain in the building. The Tone Shop Guitars will sell acoustic and electric guitars and related accessories as well as offer basic guitar maintenance and repair. The store will include 5% of sales generated by previously owned instruments . The applicant has noted that the 3,450 square foot lease space will be used as follows: 456 sq. ft. storage, 156 sq. ft. restrooms, 798 sq. ft. acoustic guitar selling area, 1000 sq. ft. electric guitar sales, and the remaining square footage will be used as common area for amplifier and accessories selling areas. Site Data Summary Existing Zoning S-P-1 with “O-1” & ltd. comm. school uses* Proposed Zoning S-P-1 with Land Use Designation Retail Commercial Acreage 0.848 Total Building Floor Area (Gross) School of Rock Proposed Retail 7,529 sf 4,079 sf 3,450 sf Building Height/Number of Stories 12’-9”/1 story Open Space % 17% Impervious Coverage % 83% Total Parking Required (S-P-1) School of Rock Tone Shop 37 spaces 20 spaces 17 spaces Total Parking Spaces Provided 37 Case No. ZA21-0028 *The parking ratio for the studio uses has been revised to 1 spa ce for every 204 sq. ft. of floor area to reflect the reduction in parking in front of the building. (ZA10-042) ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Sum mary No. #2, dated April 16, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-533B Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA21-0028 Page 1 BACKGROUND INFORMATION OWNER: Quad 9 Investments I, L.P. APPLICANT: Tone Shop Southlake, LLC PROPERTY SITUATION: 3220 W. Southlake Boulevard LEGAL DESCRIPTION: Lot 14, J.G. Allen No. 18 Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses including studios for the practice, education or training in academics , dance and/or music and exercise. REQUESTED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses including studios for the practice, education or training in academics, dance and/or music and exercise and to allow retail sales of musical instruments. HISTORY: The majority of the subject property was zoned “AG” Agricultural when it was annexed into the City in Oc tober of 1987. The existing approximately 7,500 square foot office building was built in 1982 prior to annexation. A zoning change from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development District on the eastern 0.2 acres of this site as part of Chesapeake Place was approved by City Council April 6, 1999. A zoning change and site plan from “AG” Agricultural District and “R-PUD” Residential Planned Unit Development District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses was appro ved by City Council October 2, 2007 (ZA06-160). A plat showing for Lot 14, J.G. Allen No. 18 Addition was filed October 23, 2007. A zoning change and site plan for School of Rock was approved September 7, 2010 for a “S-P-1” Detailed Site Plan District with “O-1” Office District uses to also include studios for the practice, education or training in academics, da nce and/or music and exercise. (ZA10-042) SOUTHLAKE 2035 PLAN: 2035 Land Use Plan Designation: Retail Commercial Retail Commercial Purpose and Definition: 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 i n close proximity. It is intended that all Case No. Attachment A ZA21-0028 Page 2 uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing 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 categories previously discussed. Mobility & Master Thoroughfare Plan The property fronts on W. Southlake Blvd., a 6-lane, 130 ft.–140 ft. wide divided arterial. This request will not affect the current street. Pathways Master Plan & Sidewalk P lan An 8-foot multi-use trail currently exists along W. Southlake Blvd. in front of the property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Access to the property will be off W. Southlake Blvd. Traffic Counts W Southlake Blvd (21) (Between Pearson Road and Randol Mill Avenue) 24hr East Bound (18,619) West Bound (18,433) AM Peak AM (2,230) 6:45–7:45 AM Peak AM (1,018) 11:45 – 2:15 AM PM Peak PM (1,158) 1:15 – 2:15PM Peak PM (2,066) 5:00– 6:00PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: No trees will be affected by this request. UTILITIES: No utilities will be affected by this request. DRAINAGE: No drainage will be affected by this request. CITIZEN INPUT: A SPIN meeting is scheduled for this request on April 27, 2021. STAFF COMMENTS: Attached is Review Summary No . #2, dated April 16, 2021. \\SVFS002\THLocal\Community Development\MEMO\2021 Cases\0028 - ZSP- 3220 W. Southlake Blvd Case No. Attachment B ZA21-0028 Page 1 Case No. Attachment C ZA21-0028 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0028 Review No.: Two Date of Review: 4/16/21 Project Name: Zoning Change and Site Plan – 3220 W. Southlake Blvd. APPLICANT: Tone Shop Southlake LLC OWNER: Quad 9 Investments, I, LP Jay Tynes Dr. Rajesh Gogia 908 Warren Crossing Coppell, TX 75019 Phone: 908-307-7424 Phone: 214-502-8157 Email: Jay@Toneshopguitars.com Email: gogiar@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/29//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 H AVE 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. All development must comply with the underlying zoning dis trict regulations. _________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No comments. _________________________________________________________________________________ Development Engineering Sandra Endy, P.E. Development Engineer Phone: 817-748-8033 Email: sendy@ci.southlake.tx.us No comments. _________________________________________________________________________________ Case No. Attachment C ZA21-0028 Page 2 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 No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment D ZA21-0028 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1. City of Keller NR 2. LENNA LLC C2 3280 W SOUTHLAKE BLVD 0.77 NR 3. MADRID, MARIO A RPUD 120 SURREY CT 0.38 NR 4. MORRIS, CHRYSTAL RPUD 105 SURREY CT 0.57 NR 5. NAVARO, DONALD J RPUD 110 SURREY CT 0.52 NR 6. PEARSON 1709 LTD C2 101 N PEARSON LN 2.35 NR 7. QUAD 9 SANDY LANE I LP SP1 3220 W SOUTHLAKE BLVD 0.85 NR 8. RANSDELL, TYLER J RPUD 100 SURREY CT 0.42 NR 9. SOUTHLAKE PSE INC C2 3119 W SOUTHLAKE BLVD 2.46 NR 10. SOUTHLAKE, CITY OF CS 3200 W SOUTHLAKE BLVD 3.36 NR 11. SPRINGER, JERRY SF20A 250 CHESAPEAKE LN 0.56 NR 12. Superintendent of Carroll ISD NR 13. Superintendent of Grapevine Colleyville ISD NR 14. Superintendent of Keller ISD NR 15. Superintendent of Northwest ISD NR 16. WALLACE, SCOTT SF20A 240 CHESAPEAKE LN 0.57 NR 17. WILLIAMS, BILLY E RPUD 115 SURREY CT 0.48 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 16 Responses Received within 200’: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 16 Case No. Attachment E ZA21-0028 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses received to date Case No. Attachment F ZA21-0028 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-533B 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 14, J.G. ALLEN NO. 18 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY .848 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 as “S-P-1” Detailed Site Case No. Attachment F ZA21-0028 Page 2 Plan District with Office District Uses under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property wa s 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 determinati on 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 parkin g 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 co ncentration 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 Case No. Attachment F ZA21-0028 Page 3 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 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas being approximately 0.848 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with Office District Case No. Attachment F ZA21-0028 Page 4 Uses to ““S-P-1” Detailed Site Plan District with Office District Uses including as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: “S-P-1” Letter and Regulations: Approved October 2, 2007 Case No. Attachment F ZA21-0028 Page 5 Ordinance No 480-533a (ZA10-042) Case No. Attachment F ZA21-0028 Page 6 “S-P-1” Letter and Regulations ZA21-0020: Conditions: Case No. Attachment F ZA21-0028 Page 7 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. 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 Case No. Attachment F ZA21-0028 Page 8 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 in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation Case No. Attachment F ZA21-0028 Page 9 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 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: _________________________________ Case No. Attachment F ZA21-0028 Page 10 CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA21-0028 Page 11 EXHIBIT “A” Being described as Lot 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas, being approximately 0.848 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment F ZA21-0028 Page 12 EXHIBIT “B” Reserved for approved Site Plan