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10-042ZSP Final MemoCase No. ZA10-042 S T A F F R E P O R T September 8, 2010 CASE NO: ZA10-042 PROJECT: Zoning Change & Site Plan for School of Rock, Lot 14, J.G. Allen No. 18 Addition EXECUTIVE SUMMARY: Dean Tarpley with School of Rock is requesting approval of a zoning change and site plan for Lot 14, J.G. Allen No. 18 Addition located at 3220 W. Southlake Blvd. in order to add studios for the practice, education or training in academics, dance and/or music and exercise as permitted uses along with the existing “O -1” office district uses that are allowed in the current “S-P-1” regulations. There are no changes proposed to the existing building or site. REQUEST: The applicant is requesting a zoning change and site plan from “S -P-1” Detailed Site Plan District with “O-1” Office District uses to “S-P-1” Detailed Site Plan District with “O-1” Office District uses to include studios for the practice, education or trai ning in academics, dance and/or music and exercise . School of Rock plans to use the entire approximately 7,500 square foot existing building at the location as their central office for the DFW area and for a music school. The h ours of operation for the studio uses shall be limited to the following: M -F: 12:00 PM to 9:00 PM; Saturday and Sunday: 9:00 AM to 9:00 PM. The peak time for the number of concurrent students (approx 20) taking lessons during the day would be after school 4P M to 7PM and on the weekends. The following changes have been made to the site plan, landscape plan and S - P-1 regulations since first reading at Council on August 17, 2010: Item Comments 1. Hours of operation will be until 9:00 pm seven days a week. The hours of operation in the S-P-1 regulations have been revised to end at 9:00 PM seven days a week. 2. Investigate compliance of the existing monument sign with the sign ordinance and bring into compliance or remove sign. -The maximum sign face area allowed is 60 sq.ft. per sign face. The existing sign face area is approx. 73 sq.ft. - The existing sign does not comply with the requirement that the sign base and sign structure shall be brick, stone, or masonry material match ing the front façade of the building and that the sign face shall be framed by a minimum of 6” of brick, stone, or masonry material matching the front façade of the building. The sign face exceeds the maximum height Department of Planning & Development Services Case No. ZA10-042 allowed of 6’ by 2”. -Address numbers are required on business monument signs. -The sign complies with the regulations for setback, overall height and letter size. -The applicant is proposing to keep the sign in its existing condition. 3. Remove parking in the front of the building while providing required handicap parking spaces. -The parking ratio for the studio uses has been revised to 1 space for every 204 sq. ft. of floor area to reflect the reduction in parking in front of the building. -The required two (2) accessible spaces are shown on the site plan and landscape plan. 4. Provide landscape and irrigation plans in accordance with the existing ordinances. -A landscape plan and color rendering have been provided. An irrigation plan is being developed that will comply with all City requirements. 5. Provide further clarification of the paint, materials, and colors to be used on the exterior of the building. -A color rendering has been provided. 6. Show the five (5) foot sidewalk on the site plan and landscape plan -The sidewalk is shown on the plans as requested. 7. Check on fire lane access. -The Fire Marshal has reviewed the site plan and he has confirmed that adequate access for fire trucks is shown. ACTION NEEDED: Final Memo ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN meeting report dated July 26, 2010 (D) Plans and Support Information – Link to PowerPoint Presentation (E) Site Plan Review Summary No. 3, dated August 31, 2010 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-533a STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. Attachment A ZA10-042 Page 1 BACKGROUND INFORMATION OWNER: Triple 9 Sandy Lake, L.P. APPLICANT: Dean Tarpley, School of Rock 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 REQUESTED ZONING: “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, dance and/or music and exercise. CITIZEN INPUT/ BOARD REVIEW: -A SPIN meeting was held for this development on July 26, 2010. A summary of that meeting is included in Attachment C of this report. HISTORY: -The majority of the subject property was zoned “AG” Agricultural when it was annexed into the City in October 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 approved 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. PLANNNING AND ZONING COMMISSION ACTION: August 5, 2010; Approved (5-0), noting the applicant’s agreement to provide sound proofing if noise is a problem, noting that normal hours of operation end at 8:30 p.m., and subject to Site Plan Review Summary No. 1, dated July 29, 2010. CITY COUNCIL ACTION: August 17, 2010; Approved (6 -0) on 1st Reading; noting the hours of operation to be until 9:00 p.m. at the latest, seven days a week; requiring the applicant’s investigation of compliance with the existing sign ordinance for the monument sign that is existing on the eastern property boundary and complying with said sign ordinance going forward and/or removing the sign; restricting the use of the property to the current proposed use plus “O -1” uses; removing the parking in the front of the building while maintaining handicapped access standards pursuant to the State requirements; requiring a landscaping and irrigation plan in the front of the building in accordance with existing ordinances and showing the proposed future sidewalk along F.M. 1709 and Case No. Attachment A ZA10-042 Page 2 how that will work with the existing site plan; requiri ng further clarification and alternatives of paint, colors and materials specific with the elevations of the building at second reading; requiring the applicant to comply with noise ordinance and requiring him to work with the neighbors to reduce any complaints regarding noise; and subject to Site Plan Review Summary No. 2, dated August 10, 2010. September 7, 2010; Approved (5 -2) on 2nd Reading, noting the changes made since first reading that are in the staff report, recognizing that the applicant will complete the landscaping within six months and that the occupancy of the building would be conditioned on a temporary basis until the landscaping is completed, in addition, the applicant will remove the top portion of the monument sign immediately and with six months will bring in a plan that complies with the existing sign ordinance or remove the sign, the applicant will work with staff to replace the Mexican Feather Grass with other suitable landscape materials subject to the staff’s discretion, recognizing that the applicant will not withhold, impede or impair access to the property immediately to the west pursuant to the existing access easement, and subject to Staff Review summary No. 3 dated August 31, 2010. STAFF COMMENTS: Site Plan Review Summary No. 3, dated August 31, 2010 is attached. Case No. Attachment B ZA10-042 Page 1 Case No. Attachment C ZA10-042 Page 1 Case No. Attachment C ZA10-042 Page 2 Case No. Attachment D ZA10-042 Page 1 S-P-1 Regulations and Uses Case No. Attachment D ZA10-042 Page 2 “S-P-1” Narrative Letter Case No. Attachment D ZA10-042 Page 3 Existing Site Plan at 1st Reading August 17, 2010 Case No. Attachment D ZA10-042 Page 4 Site Plan Submitted August 30, 2010 Case No. Attachment E ZA10-042 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA10-042 Review No.: Three Date of Review: 08/31/10 Project Name: Site Plan for School of Rock – 3220 W. Southlake Blvd. APPLICANT: Dean Tarpley OWNER: Taran Nandha School of Rock Triple 9 Sandy Lake L.P. 6921 Del Rose Dr. 1100 Taylor St. Dallas, TX Southlake, TX 76092 Phone: (214) 662-2449 Phone: (214) 695-7387 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/31/10 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. 1. Provide a Traffic Impact Analysis (5 copies) or Threshold Worksheet release form (attached) signed by the City Engineer. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Denotes Informational Comment Case No. Attachment F ZA10-042 Page 1 Page 1 of 37 Surrounding Property Owners 3220 W. Southlake Blvd. SPO # Owner Zoning Land Use Acreag e Response 1. Lenna Llc C2 Retail Commercial 0.77 O 2. Triple 9 Sandy Lake Lp SP1 Retail Commercial 0.64 NR 3. Southlake Pse Inc C2 Retail Commercial 1.92 NR 4. Hill, Gary Gene Etal C2 Retail Commercial 2.34 NR 5. Chesapeake Place Hoa RPUD Medium Density Residential 0.18 NR 6. Dukes, Lillian RPUD Medium Density Residential 0.48 NR 7. Singh, Ripu Daman Etux Pooja D RPUD Medium Density Residential 0.57 NR 8. King, Kiesha Tonyell RPUD Medium Density Residential 0.42 NR 9. Navaro, Donald Jerome RPUD Medium Density Residential 0.52 NR 10. Madrid, Mario A Etux Kelly C RPUD Medium Density Residential 0.38 NR 11. Southlake, City Of CS Public/Semi-Public 3.81 NR 12. Pearson 1709 Ltd C2 Retail Commercial 2.74 NR Responses: F: In Favor O: Opposed To U: Undecided NR: NR Notices Sent: Twelve (12) Responses Received within 200 feet: One (1) – Attached Case No. Attachment F ZA10-042 Page 2 Page 2 of 37 Case No. Attachment F ZA10-042 Page 3 Page 3 of 37 Responses Received outside 200 feet Case No. Attachment F ZA10-042 Page 4 Page 4 of 37 Case No. Attachment F ZA10-042 Page 5 Page 5 of 37 Case No. Attachment F ZA10-042 Page 6 Page 6 of 37 Case No. Attachment F ZA10-042 Page 7 Page 7 of 37 Case No. Attachment F ZA10-042 Page 8 Page 8 of 37 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-533a 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, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 12278, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.85 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE STUDIOS FOR THE PRACTICE, EDUCATION OR TRAINING IN ACADEMICS, DANCE AND/OR MUSIC AND EXERCISE AS PERMITTED USES, 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 Case No. Attachment G ZA10-042 Page 2 Page 2 of 37 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 Plan District with “O-1” Office District uses 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 - Case No. Attachment G ZA10-042 Page 3 Page 3 of 37 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 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 Case No. Attachment G ZA10-042 Page 4 Page 4 of 37 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, according to the plat recorded in Cabinet A, Slide 12278, Plat Records, Tarrant County, Texas, being approximately 0.85 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with “O-1” Office District uses to “S-P-1” Detailed Site Plan District with “O-1” Office District Uses to include studios for the practice, education or training in academics, dance and/or music and exercise as permitted uses, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: S-P-1 Regulations approved Oct.2, 2007 Case No. Attachment G ZA10-042 Page 5 Page 5 of 37 City Council motion for original S-P-1 zoning approved Oct. 2, 2007: 1) Subject to the recommendations by the Planning and Zoning Commission: a) removing architectural rendering; b) removing front parking spaces except handicapped space, c) replace with landscaping and irrigation; d) move dumpster to southeast corner; e) accepting applicant’s willingness to plant off-site trees and shrubs along the northern 10’ boundary of Chesapeake Place adjacent to this site if agreed by homeowners 2) Accepting applicant's willingness to grant access on the north and south sides of building 3) and subject to Site Plan Review Summary No. 2, dated August 31, 2007: a) Provide a landscape plan which identifies the specific plant materials to be provided. Include the calculation chart similar to the one attached to the site plan applications. b) Show and label the type of screening on the trash enclosure. A minimum 8’ masonry wall (similar to the principal building with a metal gate is required. Pad must meet the franchise waste collection provider’s design standards. c) Provide a grading and drainage plan which shows contours at minimum 2’ intervals, spot elevations at key locations, finish floor elevation and drainage courses. S-P-1 Regulations approved Sept. 7, 2010 Case No. Attachment G ZA10-042 Page 6 Page 6 of 37 City Council motion for S-P-1 zoning approved September 7, 2010 1) recognizing that the applicant will complete the landscaping within six months and that the occupancy of the building would be conditioned on a temporary basis until the landscaping is completed; 2) the applicant will remove the top portion of the monument s ign immediately and with six months will bring in a plan that complies with the existing sign ordinance or remove the sign; 3) the applicant will work with staff to replace the Mexican Feather Grass with other suitable landscape materials subject to the staf f’s discretion; 4) recognizing that the applicant will not withhold, impede or impair access to the property immediately to the west pursuant to the existing access easement; 5) subject to Staff Review summary No. 3 dated August 31, 2010. Case No. Attachment G ZA10-042 Page 7 Page 7 of 37 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. Case No. Attachment G ZA10-042 Page 8 Page 8 of 37 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 prov isions 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. Ea ch 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. Case No. Attachment G ZA10-042 Page 9 Page 9 of 37 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 noti ce 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 1st reading the 17th day of August, 2010. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY Case No. Attachment G ZA10-042 Page 10 Page 10 of 37 PASSED AND APPROVED on the 2nd reading the 7th day of September, 2010. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA10-042 Page 11 Page 11 of 37 EXHIBIT “A” Being described as Lot 14, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 12278, Plat Records, Tarrant County, Texas, being approximately 0.85 acres, and being more fully and completely described below: Case No. Attachment G ZA10-042 Page 12 Page 12 of 37 EXHIBIT “B” Site Plan Submitted August 30, 2010 Case No. Attachment G ZA10-042 Page 13 Page 13 of 37 Landscape Plan Submitted August 30, 2010 Case No. Attachment G ZA10-042 Page 14 Page 14 of 37 Landscape Rendering Submitted August 30, 2010 Case No. Attachment G ZA10-042 Page 15 Page 15 of 37 Color Rendering of Front of Building Submitted August 30, 2010 Case No. Attachment G ZA10-042 Page 16 Page 16 of 37 Color Rendering Included with Original S-P-1 Zoning Case No. Attachment G ZA10-042 Page 17 Page 17 of 37 Applicant Narrative for Original S-P-1 Zoning Case No. Attachment G ZA10-042 Page 18 Page 18 of 37 Applicant Narrative for Original S-P-1 Zoning