Item 7BCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
October 31, 2007
ZA07-138
CASE NO:
Zoning Change and Site Plan for Lots 2 & 3, Block A, Commerce Business
PROJECT:
Park
REQUEST: Ram Interest, LP is requesting approval of a zoning change from "S-P-1" Detailed Site
Plan District to "S-P-1" Detailed Site Plan District and site plan for Commerce Business
Park.
All buildings and improvements shown on the attached plan are existing. No new
improvements are proposed. The purpose of this request is to add the specific "C-3"
General Commercial District use of "indoor commercial amusement center" to the
existing “S-P-1” zoning for a children’s party and bounce house facility. The applicant
is proposing to take in approximately 24,000 square feet of the north half of the north
building (north side of the golf cart tenant). No other changes are proposed with this
request.
There are approximately 120 parking spaces shared between the two buildings.
According to the applicant, the peak weekend activity is estimated to require
approximately 65 spaces. The peak weekday activity during the school year is
estimated to require approximately 20 spaces. The weekday peak during summer
vacation is estimated to require approximately 30 spaces. The applicant estimates a
maximum occupancy during the weekend peak at approximately 80 persons. The peak
parking period is indicated to be opposite that the surrounding commercial uses.
Consider first reading for a zoning change and site plan
ACTION NEEDED:
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. 480-471a
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-138
BACKGROUND INFORMATION
OWNER/APPLICANT: RAM Interest
PROPERTY SITUATION: 275 & 325 Commerce Street
LEGAL DESCRIPTION: Lots 2 & 3, Block A, Commerce Business Park
LAND USE CATEGORY: Industrial
CURRENT ZONING: “S-P-1” Detailed Site Plan District
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: -City Council approved a change of zoning to "S-P-1" to allow for limited retail
uses on January 17, 2006.
P&Z ACTION: October 18, 2007; Approved (5-1) subject to staff report as presented.
STAFF COMMENTS: Due to the limited scope of this request, no site plan review summary has been
prepared. However, this site is subject to all previous conditions of approval
unless specifically approved otherwise.
N:\Community Development\MEMO\2007cases\07-138ZSP.doc
Case No. Attachment A
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Case No. Attachment B
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Site Plan
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“S-P-1” Detailed Site Plan District
for
275-325 Commerce Street, RAM Interest, LP
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480,
as amended, as it pertains to the Commerce Business Park uses and regulations with the following exceptions:
Permitted Uses
The following uses shall be permitted:
All “I-1” Uses and to include following additional uses:
1.Hobby shops
2.Furnishings-Household and office
3.Bicycle shops
4.Antique shops
5.Silk flowers manufacturing and sales
6.Flooring sales and service
7.Lighting sales and service
8.Fabric sales and service
9.Design Center-Home and office
10.Indoor Commercial Amusement Center as specified by attached support information
Development Regulations:
Shall comply with the “I-1” development regulations and as shown on the attached Site Plan
Exhibit.
Parking for the indoor commercial amusement shall be 65 parking spaces per 80 children, 7 staff
members and 24,000 square of floor area.
All other uses shall comply with the parking regulations of the Zoning Ordinance No. 480 as
amended.
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Narrative Letter
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Photos
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Surrounding Property Owners
275 & 325 Commerce Street
7
8
SPO # Owner Zoning Land Use Acreage
1. Retail Commercial
Pack, Randy I1 3.408
2. Industrial
Dale, Frank I1 1.594
3. Industrial
Building On Faith Ltd I1 1.572
4. Industrial
Darr Equipment Operating Co I1 5.564
5. Retail Commercial
Anderson, Stephen P I1 0.648
6. Retail Commercial
Holbrook, Thomas M & Lori S SP1 0.751
7. Industrial Retail
275 Comerce Ltd SP1 Commercial 2.004
8. Industrial
P & P Management SP1 2.153
9. Industrial
Mannhart, Edwin I1 1.757
10.Industrial
Rozes, Peter & Kerry I1 1.221
11.Industrial
Big L Inc I1 1.3
12.Industrial
Commerce Business Park Jv I1 3.95
13.Retail Commercial Industrial
Stacey Real Estate Partner Ltd SP1 2.554
14.Industrial
Stacy, James R & Diane SP1 4.049
15.Industrial
Marvin, H K I1 0.935
16.Industrial
Ram Interests Lp I1 1.038
17.Industrial
Bbj & E Ltd I1 1.989
18.Industrial
Akp Management Llc I1 1.442
19.Industrial
Amar Saini Corp I1 1.66
20.Industrial
Wang, Jeff (Chaur-Tarng) I1 0.769
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21.Industrial
Harbor Town Partners Lp I1 0.808
22.Industrial
Freeman Knutson Associates I1 0.675
23.Industrial
Rainier Southlake Dst I1 1.634
24.Industrial
Tri Dal Excavation & Utilities SP1 6.669
25.Industrial
Taylor, Henry A & Carole F I1 0.909
26.Industrial
Pack, Leon Tr I1 0.948
27.Industrial
Four Star Investments I1 0.994
28.Industrial
Rainier Southlake Dst I1 1.634
29.Industrial
Pima Properties Inc I1 0.706
30.Industrial
Rainier Southlake Dst I1 0.718
31.Industrial
Rainier Southlake Dst I1 0.734
32.Industrial
Rainier Southlake Dst I1 0.724
33.Industrial
Slj Commerce/Exchange Ltd I1 0.742
34.Industrial
Rainier Southlake Dst I1 0.647
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Surrounding Property Owner Responses
275 & 325 Commerce St.
Notices Sent: Thirty-four (34).
Responses Receive: Six (6).
Ram Interest Lp (SPO #16), Favor
submitted a Notification Response Form in on October 16,
2007 (see attached).
Leon Pack (SPO #26), Favor
submitted a Notification Response Form in on October 16, 2007
(see attached).
Randy Pack (SPO #1), Favor
submitted a Notification Response Form in on October 16, 2007
(see attached).
275 Commerce Ltd (SPO #7),Favor
submitted a Notification Response Form in on October 16,
2007 (see attached).
Commerce Business Park Jv (SPO #12), Favor
submitted a Notification Response Form in on
October 16, 2007 (see attached).
P & P Management (SPO #8), Favor
submitted a Notification Response Form in on October 16,
2007 (see attached).
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-471a
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 LOTS 2 &
3, BLOCK A, COMMERCE BUSINESS PARK; AND BEING
APPROXIMATELY 4.26 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 WITH “I-1” LIGHT INDUSTRIAL USES AND TO
INCLUDE LIMITED RETAIL USES, 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
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District 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,
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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 Lots 2 & 3, Block A, Commerce Business Park, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat
Records, Tarrant County, Texas, and being approximately 4.26 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 with “I-1” Light Industrial District uses and to include limited retail
uses, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit
“B”, and subject to the following specific conditions:
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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 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.
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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
fifteen (15) 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
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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:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ___ day of ___________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Lots 2 & 3, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, and
being approximately 4.26 acres.
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EXHIBIT “B”
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“S-P-1” Detailed Site Plan District
for
275-325 Commerce Street, RAM Interest, LP
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480,
as amended, as it pertains to the Commerce Business Park uses and regulations with the following exceptions:
Permitted Uses
The following uses shall be permitted:
All “I-1” Uses and to include following additional uses:
1.Hobby shops
2.Furnishings-Household and office
3.Bicycle shops
4.Antique shops
5.Silk flowers manufacturing and sales
6.Flooring sales and service
7.Lighting sales and service
8.Fabric sales and service
9.Design Center-Home and office
10.Indoor Commercial Amusement Center as specified by attached support information
Development Regulations:
Shall comply with the “I-1” development regulations and as shown on the attached Site Plan
Exhibit.
Parking for the indoor commercial amusement shall be 65 parking spaces per 80 children, 7 staff
members and 24,000 square of floor area.
All other uses shall comply with the parking regulations of the Zoning Ordinance No. 480 as
amended.
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Narrative Letter
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Photos
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