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Item 6C Department of Planning & Development Services S T A F F R E P O R T January 28, 2009 CASE NO: ZA08-111 PROJECT: Zoning Change and Site Plan for Snow’s Gymnastics Center REQUEST: The purpose of this request is to amend the current “S-P-1” detailed site plan district zoning to allow for subdivision of the site such that each of the two existing principal buildings are on an individual lot. The current zoning did not provide regulations for building setbacks or other development regulations addressing multiple lots. The current zoning allows gymnastics, swimming, diving, dance and martial arts instruction, archery range, after school care, summer camp programs, pro-shop and other related businesses as depicted on the approved single lot site plan. No changes to these uses or the site improvements are proposed. A change of zoning and site plan approval requires that all bufferyards and sidewalks/trails be provided. The applicant requests that the site be allowed to remain as it currently exists with the new boundary, setbacks and coverages as shown on the attached plan. A variance request and justification letter for relief from the sidewalk is attached. The applicant has indicated to staff that if a variance cannot be granted for the sidewalk they would like to discuss other options including partial construction, deferral and/or escrowing funds for the estimated construction cost. ACTION NEEDED: 1) Conduct a public hearing; 2) Consider approval of the requested zoning change and site plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Review Summary No. 1 dated December 26, 2008 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-197a for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 08-111 BACKGROUND INFORMATION OWNER/APPLICANT: Snow Family Trust No 2 PROPERTY SITUATION: The property is located at 401 and 407 S. Pearson Lane. This is and existing multi use sports school and after school care facility with two buildings totaling approximately 17,300 square feet. LEGAL DESCRIPTION: Lot 9 J.G. Allen No 18 Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-1” detailed site plan district REQUESTED ZONING: “S-P-1” detailed site plan district HISTORY: - “B-1” business district and “AG” agricultural district zoning was approved with the adoption of Ordinance No. 480 in September of 1989; - Zoning and Site Plan was approved for “S-P-1” detailed site plan district allowing gymnastics, swimming, diving, dance and martial arts instruction, archery range, after school care, summer camp programs, pro-shop and other related businesses May 21, 1996. TRANSPORTATION ASSESSMENT: This proposal will provide no change to the existing conditions. STRATEGIC LINK/ Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying land use designation is mixed use. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. Mobility Recommendations Master Plan Pathways Plan shows a 6’ planned sidewalk is required along the frontage of S. Pearson Lane. S. Pearson is designated as a 2 lane undivided collector street within a 70’ right-of-way. WATER & SEWER: City water service is provided. There is no City sewer service available. The property is served by two on-site sewer sanitary sewer facilities, one for each building. DRAINAGE ANALYSIS: The site sheets flows from east to west into the S. Pearson Lane borrow-ditch. TREE PRESERVATION: There are no physical changes proposed to the site. There will be no impact on Case No. Attachment A ZA 08-111 Page 1 existing tree cover and plant material. P&Z ACTION: January 8, 2009; Approved (6-0) requiring the applicant be in compliance with the sidewalk regulations before the plat is recorded; and subject to Review Summary No. 1, dated December 26, 2008. CITY COUNCIL noting the Planning and Zoning ACTION: January 20, 2009, Approved (5-0) Commission’s requirement that a sidewalk be installed at the time of re-platting; and subject to Site Plan Review Summary No. 1, dated December 26, 2008 which stipulates that a cross easement and joint use agreement for the parking will be provided by the applicant. STAFF COMMENTS: Attached is Zoning and Site Plan Review Summary No. 1 dated December 26, 2008. Case No. Attachment A ZA 08-111 Page 2 Case No. Attachment B ZA 08-111 Page 1 Link to PowerPoint Presentation Case No. Attachment C ZA 08-111 Page 1 Case No. Attachment C ZA 08-111 Page 2 Sidewalk Variance Request Case No. Attachment C ZA 08-111 Page 3 ZONING & SITE PLAN REVIEW SUMMARY ZA08-111One12/26/08 Case No.: Review No.: Date of Review: Zoning Change and Site Plan for “S-P-1” detailed Site Plan District Zoning on Project Name: Proposed Lots 9R1 & 9R2 J.G. Allen No. 18 Addition APPLICANT: SURVEYOR/ENGINEER: Debbie Snow Tri-Tech DFW – Allen Brewster Phone: (817) 431-9771 Phone: (817) 442-5511 Fax: Fax: (817) 416-9198 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/26/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT CLAYTON COMSTOCK AT (817) 748-8269. * No changes to the existing conditions of this site are proposed other than dividing the property into two lots to contain each of the two principal buildings. 1. The following changes are needed with regard due to the proposed zoning change: a. Provide bufferyards and a landscape plan in accordance with the current regulations of Ord. 480, Section 40 & 42, as amended and the Landscape Ordinance No. 544, as amended. A variance to allow bufferyards as they exist is requested as part of the (Variance requested) “S-P-1” zoning regulations. b. Show and provide common access easements over the main driveways shown on the plan connecting the two proposed lots to S. Pearson Lane. c. A minimum 6’ wide multi-use trail is required along the frontage of Pearson Lane as part of this subdivision. If the trail cannot fit within the ROW a pedestrian access (Variance easement will be required for any portion extending into the lot boundary. requested) * All development must comply with the drainage ordinance No 605 and the erosion and sediment control ordinance No. 946, as they are amended. * There are five parking spaces and adjoining pavement which encroaches the existing ROW of Pearson which may require removal at the expense of the owner with any public improvements needed within Pearson Lane ROW. The owner will need to remove these spaces upon request by the City. * Denotes Informational Comment Case No. Attachment D ZA 08-111 Page 1 Surrounding Property Owners SPO # Owner Zoning Land Use Acreage Response Public Park/Open Space, Mixed Use, Medium 1 Snow Family Trust No 2 SP1 Density Residential 2.85 NR Medium Density Residential, Public/Semi- Public, Public Park/Open Space, Mixed Use, 2 Southlake, City Of RPUD Medium Density Residential 11.55 NR 3 St Martin In-The-Fields Epis SP2 Medium Density Residential, Public/Semi-Public 11.57 NR Public/Semi-Public, Public Park/Open Space, 4 Eagle Contracting Corp AG Mixed Use 0.95 NR Public Park/Open Space, Mixed Use, Medium 5 Pipees Plant Farm Ltd AG Density Residential 3.10 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment E ZA 08-111 Page 1 Surrounding Property Owner Responses Notices Sent: Five (5) Responses Received: None (0) Case No. Attachment F ZA 08-111 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-197a 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 APPROXIMATELY 3.00 ACRES SITUATED IN JESSE G. ALLEN SURVEY, ABSTRACT NO. A-18, TRACTS 4A15, 4A16A, AND 4A18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN TO ALLOW GYMNASTICS, SWIMMING, DIVING, DANCE, MARTIAL ARTS INSTRUCTION, ARCHERY RANGE, AFTER-SCHOOL CARE, SUMMER CAMP PROGRAMS, PRO-SHOP, AND OTHER RELATED BUSINESSES TO "S-P- 1" DETAILED SITE PLAN TO ALLOW GYMNASTICS, SWIMMING, DIVING, DANCE, MARTIAL ARTS INSTRUCTION, ARCHERY RANGE, AFTER-SCHOOL CARE, SUMMER CAMP PROGRAMS, PRO-SHOP, AND OTHER RELATED BUSINESSES AS DEPICTED UPON THE SITE PLAN ATTACHEDHERETO AS EXHIBIT “B” AND 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 Case No. Attachment G ZA 08-111 Page 1 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 To Allow Gymnastics, Swimming, Diving, Dance, Martial Arts Instruction, Archery Range, After-School Care, Summer Camp Programs, Pro-Shop, And Other Related Businesses, 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- 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 Case No. Attachment G ZA 08-111 Page 2 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 approximately a 3.00 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. A-18, Tracts 4A15, 4A16A, and 4A18, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from as "S-P-1" Detailed Site Plan To Allow Gymnastics, Swimming, Diving, Dance, Martial Arts Instruction, Archery Range, After-School Care, Summer Camp Programs, Pro-Shop, And Other Related Businesses to "S-P- 1" Detailed Site Plan to allow gymnastics, swimming, diving, dance, martial arts instruction, archery range, after-school care, summer camp programs, pro-shop, and other related businesses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”. 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 Case No. Attachment G ZA 08-111 Page 3 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 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 or its caption and penalty 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 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. Case No. Attachment G ZA 08-111 Page 4 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 _____ day of ___________, 2009. _____________________________ MAYOR ATTEST: _____________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2009. _____________________________ MAYOR ATTEST: _____________________________ APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA 08-111 Page 5 ________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:________________________ EFFECTIVE:______________________ Case No. Attachment G ZA 08-111 Page 6 EXHIBIT "A" Reserved for Metes and Bounds Case No. Attachment G ZA 08-111 Page 7 EXHIBIT "B" Reserved for Approved Site Plan Case No. Attachment G ZA 08-111 Page 8 EXHIBIT "B" Case No. Attachment F ZA 08-111 Page 1