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Item 7C Department of Planning & Development Services S T A F F R E P O R T August 11, 2010 CASE NO: ZA10-042 PROJECT: Zoning Change & Site Plan for School of Rock, Lot 14, J.G. Allen No. 18 Addition EXECUTIVE SUMMARY: Dean Tarpley with School of Rock is requesting approval of a zoning change and site plan for Lot 14, J.G. Allen No. 18 Addition located at 3220 W. Southlake Blvd. in order to add studios for the practice, education or training in academics, dance and/or music and exercise as permitted uses along with the existing “O-1” office district uses that are allowed in the current “S-P-1” regulations. There are no changes proposed to the existing building or site. REQUEST: The applicant is requesting a zoning change and site plan from “S-P-1” Detailed Site Plan District with “O-1” Office District uses to “S-P-1” Detailed Site Plan District with “O-1” Office District uses to include studios for the practice, education or training in academics, dance and/or music and exercise. School of Rock plans to use the entire approximately 7,500 square foot existing building at the location as their central office for the DFW area and for a music school. The hours of operation for the studio uses shall be limited to the following: M-Th.: 12:00 PM to 9:00 PM; Friday: 12:00 P.M. to 11:59 P.M., Saturday: 9:00 AM to 11:59 PM, and Sunday: 9:00 AM – 9:00 PM. The peak time for the number of concurrent students (approx 20) taking lessons during the day would be after school 4PM to 7PM and on the weekends. st ACTION NEEDED: Consider 1 reading approval of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN meeting report dated July 26, 2010 (D) Plans and Support Information – Link to PowerPoint Presentation Site Plan Review Summary No. 2, dated August 10, 2010 (E) (F) Surrounding Property Owners Map and Responses Ordinance No. 480-533a (G) STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA10-042 BACKGROUND INFORMATION OWNER: Triple 9 Sandy Lake, L.P. APPLICANT: Dean Tarpley, School of Rock PROPERTY SITUATION: 3220 W. Southlake Boulevard LEGAL DESCRIPTION: Lot 14, J.G. Allen No. 18 Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses REQUESTED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses to also include studios for the practice, education or training in academics, dance and/or music and exercise. CITIZEN INPUT/ BOARD REVIEW: - A SPIN meeting was held for this development on July 26, 2010. A summary of that meeting is included in Attachment C of this report. HISTORY: -The majority of the subject property was zoned “AG” Agricultural when it was annexed into the City in October of 1987. The existing approximately 7,500 square foot office building was built in 1982 prior to annexation. -A zoning change from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development District on the eastern 0.2 acres of this site as part of Chesapeake Place was approved by City Council April 6, 1999. -A zoning change and site plan from “AG” Agricultural District and “R-PUD” Residential Planned Unit Development District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses was approved by City Council October 2, 2007. -A plat showing for Lot 14, J.G. Allen No. 18 Addition was filed October 23, 2007. PLANNNING AND ZONING COMMISSION ACTION: August 5, 2010; Approved (5-0), noting the applicant’s agreement to provide sound proofing if noise is a problem, noting that normal hours of operation end at 8:30 p.m., and subject to Site PlanReview Summary No. 1, dated July 29, 2010. STAFF COMMENTS: Site Plan Review Summary No. 2, dated August 10, 2010 is attached. Case No. Attachment A ZA10-042 Page 1 Case No. Attachment B ZA10-042 Page 1 Case No. Attachment C ZA10-042 Page 1 Case No. Attachment C ZA10-042 Page 2 S-P-1 Regulations and Uses Link to PowerPoint Presentation Case No. Attachment D ZA10-042 Page 1 “S-P-1” Narrative Letter Case No. Attachment D ZA10-042 Page 2 Existing Site Plan Case No. Attachment D ZA10-042 Page 3 SITE PLAN REVIEW SUMMARY ZA10-042Two08/10/10 Case No.: Review No.: Date of Review: Site Plan for School of Rock – 3220 W. Southlake Blvd. Project Name: APPLICANT: OWNER: Dean TarpleyTaran Nandha School of Rock Triple 9 Sandy Lake L.P. 6921 Del Rose Dr. 1100 Taylor St. Dallas, TX Southlake, TX 76092 Phone: (214) 662-2449 Phone: (214) 695-7387 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/29/10 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 RICHARD SCHELL AT (817) 748-8602. 5 copies Provide a Traffic Impact Analysis 1. () or Threshold Worksheet release form (attached) signed by the City Engineer. 2. Two handicap accessible spaces are required by the Texas Accessibility Standards and only one space exists. Please provide one additional handicap accessible space. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Denotes Informational Comment Case No. Attachment E ZA10-042 Page 1 Page 27of 1 Surrounding Property Owners 3220 W. Southlake Blvd. SPO #OwnerZoning Land Use AcreagResponse e 1. Lenna LlcC2Retail Commercial0.77 O 2. Triple 9 Sandy Lake LpSP1Retail Commercial0.64 NR 3. Southlake Pse IncC2Retail Commercial1.92 NR 4. Hill, Gary Gene EtalC2Retail Commercial2.34 NR 5. Chesapeake Place HoaRPUDMedium Density Residential0.18 NR 6. Dukes, LillianRPUDMedium Density Residential0.48 NR 7. Singh, Ripu Daman Etux Pooja DRPUDMedium Density Residential0.57 NR 8. King, Kiesha TonyellRPUDMedium Density Residential0.42 NR 9. Navaro, Donald JeromeRPUDMedium Density Residential0.52 NR 10. Madrid, Mario A Etux Kelly CRPUDMedium Density Residential0.38 NR 11. Southlake, City OfCSPublic/Semi-Public3.81 NR 12. Pearson 1709 LtdC2Retail Commercial2.74 NR Responses: F: In Favor O: Opposed To U: Undecided NR: NR Notices Sent: Twelve (12) Case No. Attachment F ZA10-042 Page 1 Page 27of 2 Responses Received: One (1) – Attached Case No. Attachment F ZA10-042 Page 2 Page 27of 3 Case No. Attachment F ZA10-042 Page 3 Page 27of 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-533a 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 14, J.G. ALLEN NO. 18 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 12278, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.85 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO INCLUDE STUDIOS FOR THE PRACTICE, EDUCATION OR TRAINING IN ACADEMICS, DANCE AND/OR MUSIC AND EXERCISE AS PERMITTED 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 Case No. Attachment G ZA10-042 Page 1 Page 27of 2 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 District with “O-1” Office District uses 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- Case No. Attachment G ZA10-042 Page 2 Page 27of 3 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 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 Case No. Attachment G ZA10-042 Page 3 Page 27of 4 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 described as Lot 14, J.G. Allen No. 18 Addition, according to the plat recorded in Cabinet A, Slide 12278, Plat Records, Tarrant County, Texas, being approximately 0.85 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District with “O-1” Office District uses to “S-P-1” Detailed Site Plan District with “O-1” Office District Uses to include studios for the practice, education or training in academics, dance and/or music and exercise as permitted uses, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment G ZA10-042 Page 4 Page 27of 5 S-P-1 Regulations Case No. Attachment G ZA10-042 Page 5 Page 27of 6 City Council motion for original S-P-1 zoning approved Oct. 2, 2007: 1) Subject to the recommendations by the Planning and Zoning Commission: a) removing architectural rendering; b) removing front parking spaces except handicapped space, c) replace with landscaping and irrigation; d) move dumpster to southeast corner; e) accepting applicant’s willingness to plant off-site trees and shrubs along the northern 10’ boundary of Chesapeake Place adjacent to this site if agreed by homeowners Case No. Attachment G ZA10-042 Page 6 Page 27of 7 2) Accepting applicant's willingness to grant access on the north and south sides of building 3) and subject to Site Plan Review Summary No. 2, dated August 31, 2007: a) Provide a landscape plan which identifies the specific plant materials to be provided. Include the calculation chart similar to the one attached to the site plan applications. b) Show and label the type of screening on the trash enclosure. A minimum 8’ masonry wall (similar to the principal building with a metal gate is required. Pad must meet the franchise waste collection provider’s design standards. c) Provide a grading and drainage plan which shows contours at minimum 2’ intervals, spot elevations at key locations, finish floor elevation and drainage courses. City Council motion for S-P-1 zoning approved ____, 2010 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 Case No. Attachment G ZA10-042 Page 7 Page 27of 8 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 Case No. Attachment G ZA10-042 Page 8 Page 27of 9 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 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 ______, 2010. Case No. Attachment G ZA10-042 Page 9 Page 27of 10 _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the ____ day of _____, 2010. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA10-042 Page 10 Page 27of 11 EXHIBIT “A” Being described as Lot 14, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 12278, Plat Records, Tarrant County, Texas, being approximately 0.85 acres, and being more fully and completely described below: Case No. Attachment G ZA10-042 Page 11 Page 27of 12 EXHIBIT “B” Case No. Attachment G ZA10-042 Page 12 Page 27of 13 Site Plan for Original S-P-1 Zoning Case No. Attachment G ZA10-042 Page 13 Page 27of 14 Applicant Narrative for Original S-P-1 Zoning Case No. Attachment G ZA10-042 Page 14 Page 27of 15 Applicant Narrative for Original S-P-1 Zoning Case No. Attachment G ZA10-042 Page 15