Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
January 14, 2009
CASE NO: ZA08-109
PROJECT: Zoning Change and Site Plan for 280 Sports Complex
REQUEST: The purpose of this request is to amend the current ”S-P-1” detailed site plan district
zoning for the 280 Sports Complex located at 280 Commerce Street to allow a pre-
school, kindergarten and supporting outdoor playground. The proposed school
specializes in a Spanish language curriculum to teach students the Spanish language.
Programs are provided for students from 2 years of age through kindergarten (5 years
of age). Summer camp programs are provided to students up to 10 years of age.
Approximately 65 to 70 students are expected with approximately 10 to15 employees
per day. The regular school day is 9 AM through 2 PM with an extended school day
from 8 AM through 5:30 PM. Approximately 25 to 30 students are expected to remain
through the extended school day.
The applicant is requesting to convert to landscape parking islands designated on the
previously approved site plan to playgrounds. The two proposed playground areas are
located at the southeast and southwest corners of the building. The existing trees and
grass will remain in the islands. The shrubs will be removed and portable play
equipment will be added.
An exhibit showing the proposed location of the use, floor area in the facility, the
playground location and play equipment is included as part of attachment ‘C’. No other
changes are proposed to the existing zoning. Due to the limited scope of this
proposal, no plan review summary is provided.
ACTION NEEDED: 1) Consider first reading approval of the requested zoning change and site plan.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-187b
for Commission and Council Members Only
(G) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA08-109
BACKGROUND INFORMATION
280 Sport LLC
OWNER/APPLICANT :
PROPERTY SITUATION: The property is located at 280 Commerce Street. This is an existing building
providing a variety of indoor sports/entertainment activities, sports training and
supporting ancillary retail services.
LEGAL DESCRIPTION: Lot 2R, Block B, Commerce Business Park Addition
LAND USE CATEGORY: Industrial
CURRENT ZONING: “S-P-1” Detailed Site Plan District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: - A final plat was approved for Commerce Business Park by the City of
Southlake on September 2, 1986.
- A Zoning Change and Site Plan for S-P-1 zoning was approved in November
of 1995 to allow “I-1” light industrial uses and regulations with retail furniture
sales.
- A Zoning Change and Site Plan for S-P-1 zoning was approved October 2,
2007 to allow limited “I-1” light industrial uses and regulations with the indoor
sports/entrainment activities and training with ancillary supporting retail
services as depicted in the supporting plans and documentation.
TRANSPORTATION
Mobility & Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan does not make any recommendations adjacent
to the site. Adequate right-of-way exists adjacent to the site.
Existing Area Roadway Network
The proposed development currently has two (2) drives intersecting with
Commerce Street, one (1) common access drive connecting to the property to
the south, and one (1) common access drive connecting to the property to the
north on the west side.
Commerce Street is currently a 2-lane, undivided roadway with curb and gutter.
Commerce Street is a local commercial street within the Commerce Business
Park industrial development. The 2006 traffic counts for this roadway are
presented in the following table.
May, 2008 traffic counts on Commerce St (between FM 1709 and Industrial
Blvd)
24hr 2,7542,382
North Bound (NB) () South Bound (SB) ()
NB 238304
Peak A.M. () 11:15 – 12:15 Peak P.M. () 5:00 – 6:00
SB 231191
Peak A.M. () 8:00 – 9:00 Peak P.M. () 1:45 – 2:45
Case No. Attachment A
ZA08-109 Page 1
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Recreational Center 75,600 1,730 66 34 45 87
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on Commerce St.
PATHWAYS
MASTER PLAN: The Pathways Master Plan does not make any recommendations adjacent to
this site. Sidewalks are required along all street frontages.
WATER & SEWER: A 12-inch water line exists along the east side of Commerce Street. A 6-inch
sanitary sewer line exists along the west side of Commerce Street.
DRAINAGE ANALYSIS: No Comments
TREE PRESERVATION: No Comments
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The underlying land use designation is Industrial. The Industrial land use
includes manufacturing, processing, packaging, assembly, storage,
warehousing, and/or distribution of products as well as limited commercial and
retail activities if surrounding industrial uses do not pose hazards and are
sufficiently buffered.
Mobility Recommendations
The required sidewalk along Commerce Street is shown on the plan.
P & Z ACTION: December 18, 2008; This item was tabled administratively until the January 8,
2009 meeting. No vote was taken due to the meeting being cancelled.
January 8, 2009; Approved (5-1) granting the requested variance for the
reduction of the landscaping and parking island, and subject to the Staff Report
dated January 2, 2009.
STAFF COMMENTS: An exhibit showing the proposed location of the use, floor area in the facility,
the playground location and play equipment is included as attachment ‘C’. No
other changes are proposed to the existing zoning. Due to the limited scope of
this proposal, no plan review summary is provided.
Case No. Attachment A
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Case No. Attachment B
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Plans and support information
Link to Staff Presentation
Applicant Use Description Letter
Dennis,
Per your request to Christie Abercrombie the owner/developer of 280 Sports in regard to the
prospective tenant Spanish Schoolhouse. I’m forwarding a brief description of the school and
the details of their operation. Let me know if you have questions. Thank you.
Description of our school:
Spanish Schoolhouse is a Pre-school and Kindergarten for children ages 2 yrs - 5 years old.
We teach a typical early childhood curriculum using the Spanish language during the school
day so that the children learn the Spanish language. The majority of the children enter the
program with little or no knowledge of the Spanish language and leave fluent or near fluent.
We currently have 9 schools in the metroplex and one opening in The Woodlands, TX (near
Houston). Our current location that will be moving to Southlake and currently is operating in
Grapevine at the Abundant Life Church on Wall Street.
Hours of Operation:
Our regular preschool/kindergarten day is 9 am – 2 pm. We will offer extended days for
parents who need extra hours. Extended hours are 8 am - 5:30 pm where
approximately 60% of the students attend the regular day only (9 - 2) with 40% staying for
the extended day.
Age of Students:
Students are 2 years old - Kindergarten (5 years old). Summer Camps will be up to age 10.
Projected number of students:
We project approximately 65 - 70 children per day from 9-2 (regular day)
with approximately 25 - 30 children staying for the extended day.
Projected number of teachers:
Total employees (teachers and office) will be approximately 10 - 15 per day
Please contact myself or Vicki Williams at 469-236-6823 for additional information. Thank
you.
Regards,
Jim Kelley
President
Champions DFW Commercial Realty, LLC
1725 E. Southlake Blvd, Suite 250
Southlake, TX 76092
O: 817.488.4333
F: 817.488.4344
C: 817.909.7875
jim@championsdfw.com
www.championsdfw.com
Case No. Attachment C
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Site Plan
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Playground Equipment
Exhibit
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Pick-up Line Exhibit
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Parking Analysis
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Surrounding Property Owners
The Spanish Schoolhouse at the 280 Sports Complex
SPO # Owner Zoning Land Use Acreage Response
1. Anderson, Stephen P I1 Retail Commercial 0.65 NR
2. Holbrook, Thomas M & Lori S SP1 Retail Commercial 0.75 NR
3. 275 Comerce Ltd SP1 Retail Commercial, Industrial 2.00 NR
4. P & P Management SP1 Industrial 2.17 NR
5. Mannhart, Edwin SP1 Industrial 1.74 NR
6. Rozes, Peter & Kerry I1 Industrial 1.22 NR
7. Big L Inc I1 Industrial 1.30 NR
8. Commerce Business Park Jv I1 Industrial 3.95 NR
9. Stacey Real Estate Partner Ltd SP1 Retail Commercial, Industrial 2.55 NR
10. 280 Sport Llc SP1 Industrial 4.05 NR
11. Marvin, H K I1 Industrial 0.93 NR
12. Ram Interests Lp I1 Industrial 1.04 NR
13. Bbj & E Ltd I1 Industrial 1.99 NR
14. Akp Management Llc I1 Industrial 1.44 NR
15. Amar Saini Corp I1 Industrial 1.66 NR
16. Wang, Jeff (Chaur-Tarng) I1 Industrial 0.77 NR
17. Freeman Knutson Associates I1 Industrial 0.81 NR
18. Market Loop Ltd I1 Industrial 0.68 NR
19. Rainier Southlake Dst I1 Industrial 1.63 NR
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SPO # Owner Zoning Land Use Acreage Response
20. Tri Dal Excavation & Utilities SP1 Industrial 6.67 NR
21. Taylor, Henry A & Carole F I1 Industrial 0.91 NR
22. Pack, Leon Tr I1 Industrial 0.95 NR
23. Four Star Investments I1 Industrial 1.00 NR
24. Rainier Southlake Dst I1 Industrial 1.63 NR
25. Pima Properties Inc I1 Industrial 0.71 NR
26. Rainier Southlake Dst I1 Industrial 0.72 NR
27. Rainier Southlake Dst I1 Industrial 0.73 NR
28. Rainier Southlake Dst I1 Industrial 0.72 NR
29. Rainier Southlake Dst I1 Industrial 0.74 NR
30. Rainier Southlake Dst I1 Industrial 0.65 NR
31. Kim, James C SP2 Retail Commercial, Industrial 0.58 NR
Retail Commercial, Office
32. Coppell/Dtr Center Lp SP2 Commercial, Industrial 1.74 NR
Retail Commercial, Office
33. Shurgard/Freemont Partners 11 SP2 Commercial, Industrial 4.67 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Case No. Attachment D
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Surrounding Property Owner Responses
The Spanish Schoolhouse at the 280 Sports Complex
Notices Sent:
Thirty-three (33)
Responses Received Inside 200’ Buffer:
None (0)
Responses Received Outside 200’ Buffer:
One (1) – Attached
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Responses Received Outside 200’ Buffer:
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-187b
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 2R,
BLOCK B, COMMERCE BUSINESS PARK, BEING
APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1"
DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL
DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS
CURRENTLY EXISTS) AND INDOOR ENTERTAINMENT USES TO
"S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT
INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE
SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT
USES PRE-SCHOOL AND KINDERGARTEN, 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
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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 "I-1" Light Industrial District uses to include retail furniture sales 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
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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 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
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amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being legally described as Lot 2R, Block B, Commerce Business Park, an addition to
the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 7211, Plat Records, Tarrant County, Texas, being approximately
4.15 acres, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "S-P-1" Detailed Site Plan District with "I-1" Light
Industrial District Uses to include retail furniture sales (as currently exists) and indoor
entertainment uses to "S-P-1" Detailed Site Plan District with "I-1" Light Industrial
District Uses to include retail furniture sales (as currently exists) indoor entertainment
uses, pre-school and kindergarten as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit "B", and subject to the following specific
conditions:
1.
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
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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.
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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.
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 ___________, 2007
_____________________________
MAYOR
ATTEST:
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_____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:________________________
EFFECTIVE:______________________
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Being legally described as Lot 2R, Block B, Commerce Business Park, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7211, Plat
Records, Tarrant County, Texas, being approximately 4.15 acres.
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EXHIBIT "B"
"S-P-1" Letter
The "S-P-1" regulations for development and uses shall follow the “I-1” district with the following exceptions:
1) Limited "I-1" uses as noted on the following letter dated September 24, 2007 from Christie
Abercrombie and to include indoor entertainment uses as depicted on the attached site plan exhibits;
2) Parking requirements as depicted on the attached site plan, as approved, which is approximately ratio
of 1 space per 538 square feet for all permitted uses;
3) Bufferyards for the majority of the north, west and south property lines shall not be required due to
existing pavement. Plantings are proposed in accordance with the attached landscape plan.
4) Impervious coverage to be permitted as currently exists (90%).
September 24, 2007
Dear Dennis and City Council,
Out of the list of 44 permitted uses, I have deleted 33 of the uses. I am requesting a small list remain
because they could become accessory uses to what we plan to do if we ever have a difficult time renting
the entire space as instructional use. For example: Clothing Manufacturing. I own a leotard
manufacturing business. We make the leotards for the gymnasts. I might want to move that into a small
space at some point.
The list I am requesting stay are:
1. Bakery
2. Cabinet Shop
3. Candle Manufacturing
4. Candy Facility
5. Clothing Manufacturing
6. Commercial School
7. Compounding of Cosmetics and Toiletries
8. Ice Cream Manufacturing
9. Janitorial or Cleaning Services
10. Mini Warehouses
11. Store Fixture Sales
12. Warehouses
13. Community Facility Uses
Thank you,
Christie Abercrombie
280 Sports LLC
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Site Plan
Original
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Addendum Site Plan for New Pre-school Use
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Typical Outdoor Play Equipment
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Typical Traffic Pattern for Pre-school Pick up
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Original Parking Evaluation
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Original Parking Evaluation
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Amended Parking Evaluation for New Pre-school Use and Current Occupancy
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General Floor Plan
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General Floor Plan
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Building Elevations
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Landscape Plan
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