Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
January 20, 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.
ACTION NEEDED: 1) 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.
PATHWAYS
MASTER PLAN: A 6’ trail is required along the frontage of S. Pearson Lane.
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. S. Pearson Lane is a bar-ditch street
sections.
TREE PRESERVATION: There are no physical changes proposed to the site. There will be impact on
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.
STAFF COMMENTS: Attached is zoning and site plan Review Summary No. 1 dated December 26,
2008.
Case No. Attachment A
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Case No. Attachment B
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Link to PowerPoint Presentation
Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Sidewalk Variance Request
Case No. Attachment C
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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
“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.
* Denotes Informational Comment
Case No. Attachment D
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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
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Surrounding Property Owner Responses
Notices Sent:
Five (5)
Responses Received:
None (0)
Case No. Attachment F
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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
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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
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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
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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.
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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
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________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:________________________
EFFECTIVE:______________________
Case No. Attachment G
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EXHIBIT "A"
Reserved for Metes and Bounds
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EXHIBIT "B"
Reserved for Approved Site Plan
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EXHIBIT "B"
Case No. Attachment F
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