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Item 6H Case No. ZA17-0053 S T A F F R E P O R T January 8, 2019 CASE NO: ZA17-0053 PROJECT: Specific Use Permit for a Commercial School for Fasst Performance Fitness EXECUTIVE SUMMARY: Silver Oak Commercial Realty is requesting approval of a Specific Use Permit to allow a Commercial School on property described as Lot 3R, Block B, Hart Industrial Park, an addition to the City of Southlake, Tarrant County, Texas and located at 1605 Hart Street, Suite 180, Southlake, Texas located on 3.41 acres Current Zoning: “I-1” Light Industrial District. SPIN Neighborhood #8. DETAILS: This site is generally located on the south side of Hart Street. Fasst Performance Fitness is a commercial school providing fitness, speed, and agility training classes and private training sessions. A specific use permit is required to allow a commercial school in the “I-1” Light Industrial District (not allowed by right in the “I- 1” district). There are currently 6 buildings on the property totaling approximately 43,000 square feet (1601 -1611 Hart Street). The proposed business will occupy approximately 4,550 square feet of a 9,275 square foot building at 1605 Hart Street. The remaining building lease space is currently occupied. The applicant is seeking a 5-year specific use permit tied to the 5-year lease with a 5-year renewal option for the lease and specific use permit. The request is subject to the requirements outlined in the Specific Use Permit, Section 45.19 of the Zoning Ordinance: In considering whether to grant a specific use permit for commercial school, including trade school, the City Council shall consider the following: 1) Safe access for the ingress and egress of students, pedestrian, parking and vehicular traffic, including the identification of student drop-off areas. 2) Adequate illumination will be provided at night to protect the safety of those persons entering and exiting the site. The indoor facility will be utilized for fitness classes/training with office and private training rooms. The applicant has provided additional information in the narrative to address the specific use permit regulations. The following are the proposed programming schedule and hours: Training classes (15 people maximum in classes) Monday-Sunday: By appointment only or calendar scheduled classes Department of Planning & Development Services Case No. ZA17-0053 Group Classes 3-12/Compression Recovery 1-3/Private Training 1-3 per Class A class schedule is located in the Class Schedule included in the packet. The training classes at scheduled peak times will have 15 students with an average of 3-12 per scheduled class size ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider a Specific Use Permit Request for a Commercial School ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Staff Review Summary #2, dated December 28, 2018 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 18-052, Specific Use Permit for a Commercial Trade School Link to PowerPoint Presentation Link to Narrative and Plans Packet Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. Attachment A ZA17-0053 Page 1 BACKGROUND INFORMATION APPLICANT: Silver Oak Commercial Realty OWNER: Southlake Flex Properties, LLC PROPERTY SITUATION: 1605 Hart Street LEGAL DESCRIPTION: Lot 3R, Block B, Hart Industrial Park LAND USE CATEGORY: Industrial CURRENT ZONING: “I-1” Light Industrial District. HISTORY: June 7, 1988; City Council approved a zoning change for Hart Industrial District from “AG” Agricultural district to “I-2” Industrial District. (ZA88- 015) The “I-1” – Light Industrial District zoning was placed on the property with the adoption of Comprehensive Zoning Ordinance No. 480 and the Official Zoning Map on September 19, 1989. July 5, 2018; City Council approved a final plat for Lots 1-4 Block A and Lot 1-5 Block B, Hart Industrial Park. (ZA88-021) October 6, 1998; City Council approved a plat revision for Lot 3R, Block B . (ZA98-099) March 1, 2000: A building permit was issued for the construction of the existing building. TRANSPORTATION ASSESSMENT: The existing building has access to Hart Street via two driveways for six commercial buildings with a common parking lot. This is a total of 135 parking spaces for the site. The 1605 Hart Street, Ste. 180 building has parking requirements for 5 parking spaces and has 19 parking spaces adjacent to the building. Suite 100 is vacant lease space requiring 5 parking spaces. All the buildings are owned by the same owner and the applicant has stated that there is cross access/shared parking arrangement for the property. The applicant has noted in the narrative that the fitness facility is set up specifically by scheduled class time. Case No. Attachment A ZA17-0053 Page 2 Parking Assessment (shared parking)-1601-1611 Hart Street Parking Assessment Office (1/300 sf) Warehous e (1/1,000 sf) Medical Student (1/3) Total Spaces Required Total Bldg. Parking *Total Provided 1605 Hart St., Ste. 180 1605 Hart St., Ste. 100 NA NA NA 15 5 10 19 5 NA NA NA 5 1601 Hart St. NA NA 40 NA 40 40 27 1603 Hart St. 10 3 NA NA 13 13 17 1607 Hart St., Ste. 100 1607 Hart St., Ste. 200 NA NA NA 15 5 12 14 3 4 NA NA 7 1609 Hart St., Ste. 100 1609 Hart St., Ste. 200 2 3 NA NA 5 12 19 5 2 NA NA 7 1611 Hart St., Ste. 100 1611 Hart St., Ste. 200 7 1 NA NA 8 13 19 NA NA NA 5 5 Available Parking NA NA NA NA NA NA 20 Total Site Parking NA NA NA NA NA 100 135 *approximate total parking adjacent to building SOUTHLAKE 2035: Consolidated Land Use Plan The Southlake 2035 Future Land Use Plan designates this property as Industrial. Industrial and business service development that is relatively free of unwanted side effects, such as unsightliness, noise, odor, glare, vibrations, etc., is permitted in the Industrial category. If meeting the qualification of relatively free of unwanted side effects, suitable types of development in the Industrial category can be characterized by the manufacturing, processing, packaging, assembly, storage, warehousing and/or distribution of products. Ancillary commercial and retail activities associated with these uses are permitted. Public Parks/Open Space and Public/Semi-Public activities as described above may be permitted if surrounding industrial uses do not pose hazards and are sufficiently buffered. The development as proposed a ppears to be consistent with the intent of the land use designation at this location. PLANNING AND ZONING COMMISSION: January 3, 2019; Approved (7-0) subject to the Staff Report dated December 28, 2018 and further subject to the Specific Use Permit Revi ew Summary dated December 28, 2018. STAFF COMMENTS: A SPIN meeting was held for this property on January 8, 2019. The Specific Use Permit Review Summary No. 2 , dated December 28, 2018 is located in Attachment C of this Staff Report. Case No. Attachment A ZA17-0053 Page 3 Note: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. Section 45 Specific Use Permit Section 45.19 In considering whether to grant a specific use permit for commercial school, including trade school, the City Council shall consider the following: 1) Safe access for the ingress and egress of students, pedestrian, parking and vehicular traffic, including the identification of student drop-off areas. 2) Adequate illumination will be provided at night to protect the safety of those persons entering and exiting the site. N:\Community Development\MEMO\2018 Cases\0053 - SUP - Commercial School - Fitness Case No. Attachment B ZA17-0053 Page 1 Case No. Attachment C ZA17-0053 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA18-0053 Review No.: Two Date of Review: 12/28/18 Project Name: Specific Use Permit for Commercial School at 1605 Hart Street, Suite 180 APPLICANT: Silver Oak Commercial Realty OWNER: Southlake Flex Properties, LLC Debra Perryman Steven Swann 8350 N Central Expwy. #1725 Dallas, TX 75206 Phone: 817-849-8282 ext. 102 Phone: 972-980-4083 Email: DPerryman@SilverOakCRE.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/17//2018 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 THE APPROPRIATE STAFF MEMBER. Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. It is recommended that the applicant contact the adjacent property owners on Hart Street to inform them of the proposed specific use permit. Informational Comments NOTE: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months 45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480 -D): 48. Commercial school, including trade school, subject to the requirements set forth in Section 45.18 protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; 45.18 IN CONSIDERING WHETHER TO GRANT A SPECIFIC USE PERMIT FOR COMMERCIAL SCHOOL, INCLUDING TRADE SCHOOL, THE CITY COUNCIL SHALL CONSIDER THE FOLLOWING: 1) Safe access for the ingress and egress of students, pedestrian, parking and vehicular traffic, including the identification of student drop-off areas. 2) Adequate illumination will be provided at night to protect the safety of those persons entering and exiting the site. _______________________________________________________________________________ Case No. Attachment C ZA17-0053 Page 2 Public Works/Engineering Review Kevin Ferrer, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us FIRE LANE COMMENTS: No comments based on submitted information. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No comments. General 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 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. * It appears that this property lies within the 65 or 75 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. * denotes informational comment Case No. Attachment D ZA17-0053 Page 1 Surrounding Property Owners 1605 Hart Street SPO # Owner Zoning Address Acreage Response 1. BELLE-VIEW ENTERPRISE LLC I1 1217 BRUMLOW AVE 0.94 NR 2. HERZOG/LEASE PARTNERS LTD I1 1594 HART CT 1.36 NR 3. WRIGHT, JOE L AG 1719 E CONTINENTAL BLVD 31.81 NR 4. BOYLE FAMILY PARTNERSHIP I1 1604 HART ST 1.48 F 5. BOYLE FAMILY PARTNERSHIP I1 1600 HART CT 0.99 F 6. SOUTHLAKE FLEX PROPERTIES LLC I1 1613 HART ST 3.37 F 7. SC 1363 BRUMLOW LLC SP1 1381 BRUMLOW AVE 0.27 NR 8. SC 1363 BRUMLOW LLC SP1 1375 BRUMLOW AVE 0.27 NR 9. WRIGHT, JOE L AG 1451 BRUMLOW AVE 5.14 NR 10. LANE HAVEN LLC SP1 1219 BRUMLOW AVE 1.02 NR 11. SC 1363 BRUMLOW LLC SP1 1385 BRUMLOW AVE 0.35 NR 12. SC 1363 BRUMLOW LLC SP1 1367 BRUMLOW AVE 0.26 NR 13. 1595 HART STREET LLC I1 1595 HART CT 0.99 NR 14. SC 1363 BRUMLOW LLC SP1 1371 BRUMLOW AVE 0.27 NR 15. Superintendent of Carroll ISD NR 16. Supt of Grapevine Colleyville ISD NR 17. Superintendent of Northwest ISD NR 18. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twelve (12) Responses Received: In Favor: 3 Opposed: 0 No Response: 9 Undecided: 0 Case No. Attachment E ZA15-0053 Page 1 Surrounding Property Owners Responses Case No. Attachment E ZA15-0053 Page 2 Case No. Attachment E ZA15-0053 Page 3 Case No. Attachment E ZA15-0053 Page 4 Case No. Attachment E ZA15-0053 Page 5 Case No. Attachment E ZA15-0053 Page 6 Case No. Attachment E ZA15-0053 Page 7 Case No. Attachment E ZA15-0053 Page 8 Case No. Attachment F ZA15-0053 Page 1 RESOLUTION NO. 18-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A COMMERCIAL SCHOOL ON COMMERCIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1605 HART STREET, BEING DESCRIBED AS LOT 3R, BLOCK B, HART INDUSTRIAL PARK AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A” AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a Commercial School on commercial property has been requested by a person or corporation having a proprietary interest in the property zoned as “I1” Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (48) and 45.18 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 a Commercial School on commercial property at 1605 Hart Street being described as Lot 3R, Block B, Hart Industrial Park as depicted on Case No. Attachment F ZA15-0053 Page 2 the approved Site Exhibit attached hereto and incorporated herein as Exhibit “A” and providing an effective date, subject to t he provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. City Council: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ______ DAY OF ______________, 2019. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Carol Borges City Secretary Case No. Attachment F ZA15-0053 Page 3 EXHIBIT ‘A” Plans and Support Information