Item 6B
Department of Planning & Development Services
S T A F F R E P O R T
September 1, 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-F: 12:00 PM to 9:00 PM; Saturday and Sunday: 9:00
AM to 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.
The following changes have been made to the site plan, landscape plan and S-P-1
regulations since first reading at Council on August 17, 2010:
ItemComments
The hours of operation in the S-P-1 regulations have
1.
Hours of operation will be until 9:00 pm
been revised to end at 9:00 PM seven days a week.
seven days a week.
-The maximum sign face area allowed is 60 sq.ft. per
2.
Investigate compliance of the existing
sign face. The existing sign face area is approx. 73
monument sign with the sign ordinance and
sq.ft.
bring into compliance or remove sign.
-
The existing sign does not comply with the
requirement that the sign base and sign structure
shall be brick, stone, or masonry material matching
the front façade of the building and that the sign
face shall be framed by a minimum of 6” of brick,
stone, or masonry material matching the front
façade of the building.
The sign face exceeds the maximum height allowed
of 6’ by 2”.
Case No.
ZA10-042
-Address numbers are required on business
monument signs.
-The sign complies with the regulations for setback,
overall height and letter size.
-The applicant is proposing to keep the sign in its
existing condition.
-The parking ratio for the studio uses has been
3.
Remove parking in the front of the building
revised to 1 space for every 204 sq. ft. of floor area to
while providing required handicap parking
reflect the reduction in parking in front of the building.
spaces.
-The required two (2) accessible spaces are shown
on the site plan and landscape plan.
-A landscape plan and color rendering have been
4.
Provide landscape and irrigation plans in
provided. An irrigation plan is being developed that
accordance with the existing ordinances.
will comply with all City requirements.
-A color rendering has been provided.
5.
Provide further clarification of the paint,
materials, and colors to be used on the
exterior of the building.
-The sidewalk is shown on the plans as requested.
6.
Show the five (5) foot sidewalk on the site
plan and landscape plan
-The Fire Marshal has reviewed the site plan and he
7.
Check on fire lane access.
has confirmed that adequate access for fire trucks is
shown.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd 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. 3, dated August 31, 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.
CITY COUNCIL
st
ACTION:
August 17, 2010; Approved (6-0) on 1 Reading; noting the hours of operation
to be until 9:00 p.m. at the latest, seven days a week; requiring the applicant’s
investigation of compliance with the existing sign ordinance for the monument
sign that is existing on the eastern property boundary and complying with said
sign ordinance going forward and/or removing the sign; restricting the use of
the property to the current proposed use plus “O-1” uses; removing the parking
in the front of the building while maintaining handicapped access standards
pursuant to the State requirements; requiring a landscaping and irrigation plan
in the front of the building in accordance with existing ordinances and showing
the proposed future sidewalk along F.M. 1709 and how that will work with the
existing site plan; requiring further clarification and alternatives of paint, colors
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and materials specific with the elevations of the building at second reading;
requiring the applicant to comply with noise ordinance and requiring him to
work with the neighbors to reduce any complaints regarding noise; and subject
to Site Plan Review Summary No. 2, dated August 10, 2010.
STAFF COMMENTS:
Site Plan Review Summary No. 3, dated August 31, 2010 is attached.
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Case No. Attachment B
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Case No. Attachment C
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S-P-1 Regulations and Uses
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“S-P-1” Narrative Letter
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st
Existing Site Plan at 1 Reading August 17, 2010
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Site Plan Submitted August 30, 2010
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SITE PLAN REVIEW SUMMARY
ZA10-042Three08/31/10
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 RockTriple 9 Sandy Lake L.P.
6921 Del Rose Dr. 1100 Taylor St.
Dallas, TX Southlake, TX 76092
Phone: (214) 662-2449Phone: (214) 695-7387
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/31/10 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.
* 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
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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)
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Responses Received within 200 feet:
One (1) – Attached
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Responses Received outside 200 feet
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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,
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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 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
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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
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
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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 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:
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S-P-1 Regulations
Reserved for Approved S-P-1 Regulations
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
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
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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.
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
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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 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 ______, 2010.
_________________________________
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:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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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:
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EXHIBIT “B”
Reserved for Approved Site Plan
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Applicant Narrative for Original S-P-1 Zoning
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Applicant Narrative for Original S-P-1 Zoning
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