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Item 6FCase No. ZA18-0063 S T A F F R E P O R T January 29, 2019 CASE NO: ZA18-0063 PROJECT: Specific Use Permit for a Commercial School for Progressive Movement Training, LLC EXECUTIVE SUMMARY: Southlake Flex Properties, LLC is requesting approval of a Specific Use Permit for a Commercial School for Progressive Movement Training, LLC on property described as Lot 6, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 525 S. Nolen Drive, Southlake, Texas. The current zoning is "I-1" Light Industrial District. SPIN Neighborhood # 8. REQUEST DETAILS: The property is located at the northeast corner of S. Nolen Drive and Exchange Blvd. The purpose of this request is to seek approval of a Specific Use Permit to allow a commercial trade school for personal and group fitness training classes within a 7,711 square foot lease space. No physical changes are proposed to the existing site. The existing multi-tenant building contains approximately 21,329 square feet of floor area and has two existing tenants; Impact Performance, a non-conforming personal training commercial school, Suite 100, (10,000 sq. ft.) and Forefront Productions/Jyra, office for video production company, Suite 300 (3,618 sq. ft.). Please see the attached Plans, which includes a parking analysis, for more information on the proposed use and tenant mix. Progressive Movement Training classes would typically be scheduled between 5:00 am - 9:00 pm Monday through Sunday. · Individual and Group Classes 3 - 12 per class. Classes are generally 45 – minutes to 1 hour. · Progressive Movement Training classes are scheduled busiest/peak times would be 15 including students and trainers with an average class size of 3 – 12. Example Daily Schedule Monday - Friday: 5:00 am Group Class 3 – 12 students/trainees and 1 trainer 6:30 am Group Class 3 – 12 students/trainees and 1 trainer Department of Planning & Development Services Case No. ZA18-0063 8:00 am Group Class 3 – 12 students/trainees and 1-2 trainers 10:00 am Individual Training 1 – 9 students/trainees and 1 – 3 trainers 11:30 am- No classes generally scheduled during this timeframe, except 2:30 pm for specific individual training if requested 3:45 pm Group & Individual Training Class 3 – 12 students/trainees and 1-3 trainers 5:00 pm Group & Individual Training Class 3 – 12 students/trainees and 1-3 trainers 6:30 pm Group Class 3 – 12 students/trainees and 1-3 trainers 8:00 pm Group Class 3 – 12 students/trainees and 1-3 trainers Example Daily Schedule Saturday – Sunday: Saturdays 8:00 am Group Class 3 – 12 students/trainees and 1-2 trainers 10:00 am Group & Individual Training Class 3 – 12 students/trainees and 1-3 trainers 11:30 am Group & Individual Training Class 3 – 12 students/trainees and 1-3 trainers 1:00 pm Group & Individual Training Class 3 – 12 students/trainees and 1-3 trainers Sunday Generally closed except for some Individual/ Private Training, if requested. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Staff Review Summary #2, dated January 11, 2019 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 18-053 Link to Presentation Link to Plans Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. Attachment A ZA18-0063 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Southlake Flex Properties, LLC PROPERTY SITUATION: 545 S. Nolen Drive LEGAL DESCRIPTION: Lot 6, Block 5, Cornerstone Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: “I-1” Light Industrial District HISTORY: May 20, 1997; City Council approved a zoning change from “AG” Agricultural District to “I-1” Light Industrial District. (ZA96-159) September 4, 1997; the City approved a Final Plat. (ZA97-114) February 17, 2004; City Council approved a Specific Use Permit for Cornerstone Bible Church. (ZA03-101) April 22, 2018; City Council denied a zoning change and site plan to change from “I-1” Industrial District to “S-P-1” detailed Site Plan District to add Specific Additional Uses for Commercial Amusement Indoor Centers – limited to training entertainment venues such as team building, corporate events/meeting, and small group events associated with interactive play commonly referred to as “escape and laser maze rooms”. (ZA17-101) SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan: The underlying land use designation for this property is “Industrial.” Purpose and Definition: 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. Master Thoroughfare Plan: The Mobility and Master Thoroughfare Plan identifies S. Nolen Drive Case No. Attachment A ZA18-0063 Page 2 and Exchange Blvd. as local commercial streets. Pathways Master Plan No pathways are identified in the Pathways Plan for S. Nolen Dr. or Exchange Blvd. There is no requirement for sidewalks with the current proposal since the area of the existing building is not increasing. CITIZEN INPUT: A SPIN meeting was held for this property on January 8, 2019. PLANNING AND ZONING COMMISSION: January 17, 2019; Approved (5-0) subject to the Staff Report dated January 11, 2019 and the Specific Use Permit Review Summary No. 2 dated January 11, 2019. STAFF COMMENTS: A SPIN meeting was held on January 8, 2019. The SPIN Report is located in the packet. 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. Case No. Attachment B ZA14-076 Page 1 Case No. Attachment C ZA18-0063 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA18-0063 Review No.: Two Date of Review: 1/11/19 Project Name: Specific Use Permit for Commercial School at 525 S. Nolen Drive 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 12/10//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 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 ZA18-0063 Page 2 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 ZA18-0063 Page 1 SURROUNDING PROPERTY OWNERS & RESPONSES Owner Zoning Address Acreage Response 1. ORION SKY PROPERTIES LLC SP2 2757 E SOUTHLAKE BLVD 3.61 NR 2. HARBOR TOWN PARTNERS LP SP2 415 S NOLEN DR 2.73 NR 3. GATEWAY CHURCH SP1 500 NOLEN DR 5.54 NR 4. AKP MANAGEMENT LLC I1 2850 MARKET LOOP 1.44 NR 5. MARKET LOOP PARNTERS I1 2830 MARKET LOOP 1.66 NR 6. SOUTHLAKE FLEX PROPERTIES LLC I1 535 NOLEN DR 1.64 NR 7. CHARLESTON COURT LP I1 545 SILICON DR 2.59 NR 8. FS BUILDING LLC I1 530 NOLEN DR 1.07 NR 9. WANG, JEFF CHAUR-TARNG I1 2820 MARKET LOOP 0.77 NR 10. SOUTHLAKE FLEX PROPERTIES LLC I1 545 NOLEN DR 1.62 NR 11. GATEWAY CHURCH I1 540 NOLEN DR 1.55 NR 12. FULBRIGHT MAYS TRUST I1 2825 EXCHANGE BLVD 1.15 NR 13. FOBT PROPERTIES LP SP2 515 NOLEN DR 1.55 NR 14. CHARLESTON COURT LP O1 520 SILICON DR 4.85 NR 15. 1700LACY LLC I1 2815 EXCHANGE BLVD 1.76 NR 16. DRS GROUP LLC I1 2819 EXCHANGE BLVD 0.93 NR 17. LIMC REAL ESTATE LLC SP1 410 S NOLEN DR 0.60 NR 18. CAVU EQUITY GROUP LLC SP1 416 S NOLEN DR 0.60 NR 19. MYAN PLAZA LP O1 520 SILICON DR 1.43 NR 20. SILICON TEXAS PROPERTIES LLC SP1 512 SILICON DR 0.65 NR 21. ALTITUDE AT CORNERSTONE CROSSI SP1 516 SILICON DR 0.73 NR 22. FATCAT LLC SP1 508 SILICON DR 0.66 NR 23. GEOTEL GROUP INC SP2 405 S NOLEN DR 2.53 NR 24. SEVENINVEST LLC SP2 505 S NOLEN DR 2.65 NR 25. BBJ & E LTD I1 2860 MARKET LOOP 1.99 NR 26. SOUTHLAKE FLEX PROPERTIES LLC I1 525 NOLEN DR 1.63 NR 27. Superintendent of Carroll ISD NR Case No. Attachment D ZA18-0063 Page 2 28. Superintendent of Grapevine Colleyville ISD NR 29. Superintendent of Northwest ISD 30. Superintendent of Keller ISD Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty –six (26) Responses Received: In Favor: Opposed: Undecided: No Response: 26 Case No. Attachment E ZA18-0063 Page 3 Surrounding Property Owner Responses No responses to date Case No. Attachment F ZA18-0063 Page 1 RESOLUTION NO. 18-053 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 525 S. NOLEN DRIVE, BEING DESCRIBED AS LOT 6, BLOCK 5, CORNERSTONE BUSINESS 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 525 S. Nolen Drive being described as Lot 6, Block 5, Cornerstone Business Park as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit “A” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. Case No. Attachment F ZA18-0063 Page 2 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 ZA18-0063 Page 3 EXHIBIT ‘A” Plans and Support Information