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Item 6F - MemoCase No. ZA23-0031 S T A F F R E P O R T June 13, 2023 CASE NO: ZA23-0031 PROJECT: Specific Use Permit for Train With Shane EXECUTIVE SUMMARY: Shane Massey is requesting approval of a specific use permit for a commercial school located on a property described as Lot 5R1, Block D, Commerce Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2845 Exchange Blvd., Suite 140, Southlake, Texas. Current Zoning: “I-1” Light Industrial District. SPIN Neighborhood #8. REQUEST DETAILS: Shane Massey is requesting approval for a specific use permit for a Commercial School located at 2845 Exchange Blvd. This school is to focus on one-on-one physical training, as well as small groups. The business will also have incidental medical uses related to the training. At their June 8, 2023 meeting, the Planning and Zoning Commission recommended approval (6-0), subject to Staff Report Dated June 2, 2023, and Plan Review Summary No. 2 dated June 2, 2023. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map and Responses (D) Resolution Presentation Narrative STAFF CONTACT: Dennis Killough 817-748-8072 Reagan Rothenberger 817-748-8269 Case No. Attachment A ZA23-0031 Page 1 BACKGROUND INFORMATION OWNER: Southlake Exchange, LLC APPLICANT: Shane Massey PROPERTY SITUATION: 2845 Exchange Boulevard LEGAL DESCRIPTION: Lot 5R1, Block D, Commerce Business Park Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “I-1” Light Industrial District HISTORY: September 19, 1989 – Council approved “I-1” zoning with the adoption of Comprehensive Zoning Ordinance No. 480. October 7, 1986 – A final plat was approved. October 6, 1998 – A plat revision was approved. September 12, 2017 - An SUP for a Commercial School focusing on physical fitness (DYU Fitness) was approved, subject to the SUP remaining in effect only as long as the tenant’s lease. (ZA17-058) CITIZEN INPUT: Due to the limited scope of this request, the request was not presented at SPIN or to the Corridor Planning Committee. PLANNING AND ZONING COMMISSION ACTION: June 8, 2023; APPROVED (6-0), subject to Staff Report Dated June 2, 2023, and Plan Review Summary No. 2 dated June 2, 2023. STAFF COMMENTS: Attached is Revised Specific Use Permit Review Summary No. 1, dated June 2, 2023. 45.4 GENERAL REQUIREMENTS Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. 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. 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. Case No. Attachment A ZA23-0031 Page 2 b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. 45. 21. Sales and service of new automobiles, trucks, or motorhomes. Permitted in zoning: “I-1” 45. 22. Sales and service of used automobiles, trucks, or motorhomes. Permitted in zoning: “C-4” and “I-1” Case No. Attachment B ZA23-0031 Page 1 Case No. Attachment C ZA23-0031 Page 1 REVISED SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA23-0031 Review No.: One Date of Review:6/2/23 Project Name: Specific Use Permit for Train With Shane APPLICANT: OWNER: Train With Shane Southlake Exchange LLC 2845 Exchange Blvd. STE 140 8333 Douglas Ave. STE 320 Southlake, TX 76092 Dallas, TX 75225 Phone: 469-288-6249 Phone: 817-849-8282 Email: masseyshane@aol.com Email: dperryman@silveroakcre.com Leann Brown: labrown@silveroakcre.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/01/23 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 REAGAN ROTHENBERGER at (817) 748-8602. __________________________________________________________________________________________ Planning Review * The separate medical uses as defined in documentation provided to staff notates that such uses are incidental to the primary use of Commercial School, i.e., personal training. Such medical uses shall remain incidental to the primary use. A majority of customers should primarily be using the facility for training purposes. Reagan Rothenberger Planning Manager Phone: (817) 748-8602 Email: rrothenberger@ci.southlake.tx.us General Information 45.4 GENERAL REQUIREMENTS Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. 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. 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. Case No. Attachment C ZA23-0031 Page 2 d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. __________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No Comments. __________________________________________________________________________________ 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. _________________________________________________________________________________ Development Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. Case No. Attachment D ZA23-0031 Page 1 Surrounding Property Owners Map and Responses SPO # Owner Zoning Physical Address Acreage Response 1 JJK MANAGEMENT LLC I1 2810 MARKET LOOP 0.002505713 NR 2 MARKET LOOP LTD I1 2800 MARKET LOOP 0.634677691 NR 3 SOUTHLAKE EXCHANGE LLC I1 2805 MARKET LOOP 0.435746615 NR 4 SOUTHLAKE EXCHANGE LLC I1 545 S NOLEN DR 0.06680136 NR 5 OB SOUTHLAKE LLC I1 2825 EXCHANGE BLVD 0.383283972 NR 6 SOUTHLAKE EXCHANGE LLC I1 2835 EXCHANGE BLVD 0.647101779 NR 7 SOUTHLAKE EXCHANGE LLC I1 2865 EXCHANGE BLVD 0.251282021 NR 8 SOUTHLAKE EXCHANGE LLC I1 2855 EXCHANGE BLVD 0.723772932 NR 9 CLARK CONTRACTORS LLC I1 2875 EXCHANGE BLVD 0.718217324 NR 10 CITY OF GRAPEVINE NR 1000 SOUTHLAKE EXCHANGE LLC I1 2845 EXCHANGE BLVD 0.741620365 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Surrounding Property Owner Responses Notices Sent: Eleven (11) Responses Received: None Case No. Attachment E ZA23-0031 Page 2 Surrounding Property Owner Responses No responses received to date Case No. Attachment F ZA23-0031 Page 1 RESOLUTION NO. 22-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A COMMERCIAL SCHOOL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2845 EXCHANGE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 5R1, BLOCK D, COMMERCE BUSINESS PARK ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for indoor sales and service of Sales and service of new automobiles, trucks, or motorhomes, been requested by a person or corporation having a proprietary interest in the property zoned as “I-1” Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1(21 and/or 22) 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 property located at 2845 Exchange Boulevard, being legally described as Lot 5R1, Block D, Commerce Business Park Addition, and more fully and completely described in Exhibit “A”, and as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit “B” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the Case No. Attachment F ZA23-0031 Page 2 restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ______ DAY OF __________, 2023. CITY OF SOUTHLAKE By: _________________________________ John Huffman, Mayor ATTEST: _________________________________ Amy Shelley, TRMC City Secretary Case No. Attachment D ZA23-0031 Page 3 EXHIBIT “A” Lot 2R1R1, Block 5, Cornerstone Business Park Addition, City of Southlake, Tarrant County, Texas. Case No. Attachment D ZA23-0031 Page 4 Exhibit “B” Reserved approved final plans & documents