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480-533BCITY 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 Plan District with Office District Uses under the City's Comprehensive Zoning Ordinance; Ordinance No. 480-533B 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 and the general welfare; effect on light and air; effect on the over -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 Ordinance No. 480-533B 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 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 Ordinance No. 480-533B Exhibit "B", and subject to the following conditions: Approval of Ordinance 480-533 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" Letter This site shall follow the "0-1" office district uses and regulations in accordance with Ordinance No. 480, Section 18, as amended, except as follows: DEVELOPMENT REGULATIONS a. Front Yard: There shall be a front yard of not less than thirty (30) feet. b. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed eighty-three (83 %) percent of the total lot are. C. Bufferyards shall not be required due to existing site conditions. d. Building shall be permitted to exist as currently constructed, but shall be permitted to be improved in accordance with the attached architectural rendering. Approval of Ordinance No. 533a (ZA10-042) "S-P-1" Letter and Regulations: Approved October 2, 2007 The Site shall follow the "0-1" office district uses regulation in accordanne with Ordinance No. 480, SecWp 18, as amended, kept as follows: a. Front Yard: There shall be a Errant yard of not less than twenty three (23) feet b. frtaxfrryttm Impervious coverage: The rnaximum ltnpeMous ooverego shall not exceed eighty three (83%) ,percent of total lot area. c. Bufleryards ahaN not be required clue to existing site cond bons. d. BWMIng shall be permitted to exist: as currently oonspvcted, but shall be permitted to be improved In accordance veldt the attached architectural rendering. Ordinance No. 480-533B "S-P-1" Letter and Regulations "SaP-i" Letter haired S119 Phan District for 3220 W, Southlake Blvd, Southlake, TX - 75092 This site shall comply with all 000dhtlons of the Clity of Southtake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the SectionlS. '0-1'off9ce distrlet uses and regulations with the hollowing exceptions: Permitted Uses All uses permitted In the y0-1' offfce district uses and to Include the fallowing additnal US", Studios for the practice, education or training In academlcs, dance and/or music and exercise. Hours of operation for these uses shall be limited to the following: M-F: 12:00 PM to 9:00 PM1, Saturday and Sunday; M AM to'HO PM. The bullding fal approximately 7860 Square feet and alte plan, survey and ail other related documerft are already on city files. The school of rock has chosen the building at 3220 W. Southlake Blvd for they ,purpose of central office for their DFr<~r area. and also have a music school at the location. Part of the building is common areas Including haiiways, common rsstrooms, storage, network room etc: and occupies approximately 2600 Sq, Ft. Rest of the space vriA be used for oflico space (aprcx 1600 Sq Ft), recording room (approx 1Wo Sq Ft) The remainder of the 2000 Sq FT will be dividedInto Instruction rooms 16r music lessons. There are 37 parking spaces on the property Mowing for a tatlo of 1:204 (one parking spot for every 204 Sq Ft) for the entire building. The school expects to have anywhere from 60-78 students enrolled on a roWng basis year round, With peaks of 75 students during summer brea , The classes are u sually on the weekends and evenings. P`arentsMIblings typically drop their plats for lessons and pick them after lessons. There are usually 10-20i students at any given active time of lessons, The peak time for number of concurrent students (approx 20) taking lessons during the day wound be after school 4Pm to 7112m and on the weekends, C4 Council imotlon for S-P-1 zoning) approved Seplember 7, 20110 1) recognizing, that they applicant will Complete the landscaping within six months and that the occupancy of the, building would be conditioned on a temporary basis until the landacapirrg 6 completed; 2) 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; 3) the applicant will work with staff to replace the Mexican Feather Grp with other suitable landscape rmalleriats subject to ft staffs discretion,, 4) recognizing that the applicant will not vulthhold', !mpede or Impair access to the property immediately to the west pursuant to the exMng access easement; 5) subject to Staff Review summary No, 3 dated August 31, 2010. Ordinance No. 480-533B Ordinance No. 480-533B (ZA21-0020) Conditions: All permitted use and regulations of the Ordinances 480-533 and 480- 533a and to include retail sales of musical instruments as a permitted use. Background on Tone Shop Guitars Tone Shop Guitars is a locally owned retailer of acoustic and electric guitars and related accessories. Tone Shop was established in 2015 and has become the most successful dealer in North Texas for the music industry's top brands such as Fender, Gibson, Taylor and Martin Guitars. We also provide basic guitar maintenance and repair. As a service to our customers Tone Shop also offers trade-ins for players wanting to upgrade their instrument. Approximately 5% of our sales are generated by those previously owned instruments. The current tenant "School of Rock" has been the sole occupant of 3220 W Southlake Blvd for approximately ten years and recently reduced the size of their space. Our leased 3451 sq ft portion of the building 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, the remaining square footage will be used as common areas, amplifier and accessories selling areas. For more information, please visit us on the web at www.toneshopguitars.com SITE PLAN REVIEW SUMMARY Case No.: ZA21-0028 Review No.: Two Date of Review: 4/16/21 Planning Review 1. All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review No comments. Development Engineering No comments. Fire Department Review GENERAL COMMENTS: No comments based on submitted information. Ordinance No. 480-533B 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. City Council Motion: May 18, 2021; Approved (7-0), 2nd Reading, subject to the Staff Report dated May 11, 2021 and the Site Plan Review Summary No. #2, dated April 16, 2021; noting allowing the retail sales of musical instruments in an approximately 3,450 square feet of the 7,529 square foot building; and noting, all other existing "S-P-1" regulations will remain in place. 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. Ordinance No. 480-533B 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 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 Ordinance No. 480-533B 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 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. Ordinance No. 480-533B PASSED AND APPROVED on the 1st reading the 4t" day of May, 2021. 4• M, R ATTEST: `�°°°vS H Lq cn d CITY CR T RY r I, r. V % ! a ti PASSED AND APPROVED on the 2nd reading the 18th day of May, 2021. M Y R ATTEST: ���OVT..l.. C/) CITY S.E"-ETPOY e APPROVED AS TO FORM AND LEGALITY: ADOPTED: 5 %12l EFFECTIVE: rI 2�24 21 Ordinance No. 480-533B 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 DEDICATION STATE OF TEXAS COUNTY OF TARRANT T1 I THAT, 0CREAS. K. WAYNE LEE iS THE OV4ER OF t'MO TRACTS IN THE JAMES G. ALL.EN SURVEY ABSTRACT No. 15. SITUATED IN THE CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS, AS DESCRIBED IN THE DEEDS RECORDED IN VOLUME 7505, PAGE 1793, AND VOLUME 13963. PAGE 526, DEED BE ORDSi ARRL ANT COUNTY. TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND UNDS BEGINNING at a 1/2' iron found at the southeast corner of the heroin described track sold point be" at the most northerly northeast corner of Chesapeake Plote. an addition to the City of Southloke as shown on a plot fled to Cabinet A. Slide 59It4, Plat Records, Tarrant County. Texas (FRT T) sold kl CIron also being abin t S. Slide In (he west line of Lot 1, J.G, Allen No. 18 Addition as Shown on a plot THENCE S. 89'- SIV--W W. (Base gearing— Dead) along a north Ilne of said Chesapeake Place a distance of 250.52 fact to o 5/8" capped iron found for the southwest corner of the herein described tract Said iron also being the southeast canner of Lot 5. J.G. Alton Addition shown an a plot recorded in CobTnet A. Slide 1279. PRTCT; THENCE N. 00'-26'-37' E. 145.10 feet with the west line of said Lot 5 to a "X" cut in the South rtght—of—way line of West Southlake Boulevard (F.M. 170 y, THENCE 5, 8S'-28'-57" E. along said south right—of—woy line 251.90 feet to a 1/2" iron found at the norOweSt corner of sold Lot 1. J.G. Allan No. 1S Additton; THENCE S. o0'-oe -18"w 14579 feet along the west line of said Lot 1 to the POINT OF BEGINNING and containing 30:912 Sq.Ft, or aw Acres. Ordinance No. 480-533B _X1 Ordinance 480-533 Site Plan Ordinance No. 480-533B Applicant Narradvio '.: a mod" iL ee. Ye- a.' a: n#e ■ n.Y' i\•\Jiun-- aiY _ _ T• ''.. A..: 4-F —' +'' :lad# .: R.- Y.a :'ii iL •i.Y J, .. 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V, EN ISIMil "NIZ31*1 1.11 .4 a ♦ 4WOR .. tgt. 118 RV EXISTING BUILDING 7,529 SF ■— - - ---------- ----- ® LSRE PLAN MIND Com TO RE"N 3220 W SOUTHLAKE BLVD SOUTHLAKE, TX BUILDING SUMMARY :ALES AREA 409 2 :F BACK ROOMS 1.3 F TOTAL 3.451 OF ZA21-0028 KEYED NOTES: - m -:7 -x, F�- N 2. R PLAN_�YP-WALE L SECTION [Amon — GENERAL NOTES: DOOR NOTES; 3220 W SOUTHLAKE BLVD SOUTHLAKE, TX AIJILMNr SUMMAffiL— SALES AREA 2.059 SF BACK ROOMS 1,392 SF TOTAL 3.451 SF 7A21 —26 Ordinance No. 480-533B Approved site plan and parking for School of Rock (ZA10-042) �=Inlw� WEDWCM,=..TM.=%mMoFCMSFmVOmL.. 4XMWO IJ,PAT526,�CM RECOM 7M .PAM 193 & VWX MM UD M ...................... .. S 89' 28' 57- E 2 6- F -9 @ 01 -9 -u I STORY 7=BULD;9 �== ............ ... .......... czp.i�. ts ff'.1 ..... .... .................. 77 . ..................................... 126'-1* SSW 59' 35' E 25( ZagoT M SITE IMPROVEMENS gNk 0 0 I 8- 1-IX EFAE E &CLER SCREEN PLAN ash SIZE WA SINNAYPRVM 12 L0714 (PADPM ZOMr—E) tor AREAfUSE .129 G AAD - ?A9 SF SrAt IC I-EVIt. 12'V "MI CMW - 20AX —Mms C04RACE - 24,DDIiSFJ85i%) MD - 5,516 SF (t L6X S, r SPACES RMM 50 02 .PZ : M SPKES "= e27SPAWACESP MUDED) 3 24'-3- 83'-6" &W-1 REV PIM na = (A ,_)�R FRONT ELEVATION MYIC —BEY W IE J- ) (4�� ELLARD DETAIL nnqe IADIM wuv Ives Ix I —,T r A11011!FA A! ((1LUCOR WALL SIDE ELEVATION 2A16HINCE DET. U Ordinance No. 480-533B of d ND.�I SU—S ss 1±) AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 36037 68329 Print Legal Ad - IPL0024M. 22100542 $88.24 1 5.81 Attention: Selena Serrano CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 760927604 -------------------- ------------------------------------------------------ ORDINMCE NO.4480-533B AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTH - LAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LE- GALLY 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 EXHIB- IT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON- ING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- NANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMEND- MENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANC- ES; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE 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 provi- sions 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 ex- ist shall constitute a separate offense. PASSED AND APPROVED on the 2nd reading ON THE 18TH DAY OF MAY 2021. MAYOR: JOHN HUFFMAN ATTEST: AMY SHELLEY, CITY SEC- RETARY IPL0024771 May 212021 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Amanda Grisham; Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: No. of Insertions: 1 ' Beginning Issue of: 05/21/2021 Ending Issue of: 05/21/2021 ZZ 1 OD 0),51��� ()%Wa, - I Sworn to and subscribed be ore met is 20th day o May in the year of 2021 Y �m+fri Notary PuE is in an or the state of Texas, residing in Dallas County Extra dtargefor lost orduplicate affidavits. Legal document please do tort destroy!