Item 7CCity of Southlake
Department of Planning
STAFF REPORT
November 9, 2005
CASE NO
ZA05 -108
PROJECT: Zoning Change and Site Plan for Commerce Business Park
REQUEST: Ram Interest, LP is requesting approval of a zoning change from I -1 Light Industrial
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 specific retail uses to
the permitted "I -1" light industrial uses.
ACTION NEEDED: 1. Conduct public hearing
2. 1
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
STAFF CONTACT
onsider second reading for zoning change and site plan
Background Information
Vicinity Map
Plans and Support Information
Revised Zoning and Site Plan Review Summary No. 1, dated October
26, 2005
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -471
Full Size Plans (foi Conn i and Council Member. � Only)
Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA05 -108
BACKGROUND INFORMATION
OWNER/APPLICANT: Ram Interest, LP
PROPERTY SITUATION: The property is located at 275 through 325 Commerce Street.
LEGAL DESCRIPTION: Lots 2 & 3, Block A, Commerce Business Park
LAND USE CATEGORY: Industrial
CURRENT ZONING: I -1 Light Industrial District
REQUESTED ZONING: S -P -1 Detailed Site Plan District
P &Z ACTION: October 20, 2005; Approved (7 -0) subj ect to Site Plan Review Summary No.
1, dated October 14, 2005; recognizing the applicant's willingness to institute
a reciprocal parking agreement; adding permitted uses that are itemized as
Attachment C but striking items 1, 7, and 12; and, stating the parking would
have to meet city code.
COUNCIL ACTION: November 1, 2005; Approved first reading (5 -0) subjectto Revised Site Plan
Review Summary No. 1, dated October 26, 2005; subject to the
recommendations of the Planning and Zoning Commission; recognizing the
applicant's agreement to meet with staff before the second reading on
parking ratios and specific uses; requiring the reciprocal parking agreement
to run with the land; and recognizing the applicant's agreement to upgrade
landscaping if necessary.
STAFF COMMENTS: A Revised Zoning and Site Plan Review Summary No. 1, dated October 26,
2005 is attached.
N: \Community Development \MEMO \2005cases \05- IOSZSP.doc
Case No.
ZA05 -108
Attachment A
Page 1
Vicinity Map
Lots 2 &3, Block A
Commerce Business Park
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E
Case No. Attachment B
ZA05 -108 Page 1
1000 0 1000 2000 3000 Feet
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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. Health and physical fitness centers and gyms
2. Hobby shops
3. Furnishings- Household and office
4. Bicycle shops
5. Antique shops
6. Silk flowers manufacturing and sales
7. Sporting goods
8. Flooring sales and service
9. Lighting sales and service
10. Fabric sales and service
11. Design Center -Home and office
12. Indoor Training School
Development Regulations:
Shall comply with the "I -1" development regulations and as shown on the attached Site Plan Exhibit.
Case No. Attachment C
ZA05 -108 Page 2
SITE PLAN REVIEW SUMMARY
Case No.: ZA05 -108 Revised Review No.: One Date of Review: 10/26/05
Project Name: Zoning and Site Plan for "S -P -1" Zoning — Lots 2 & 3, Block A, Commerce Business
Park
APPLICANT /OWNER:
Ram Interest. LP - Duke or Randv Pack
Phone: 817 - 691 -2887
e -mail dukep(aearthlink.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/12/05 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 BEN BRYNER AT (817) 748 -8602.
Since this is an existing site and no improvements or site changes are proposed, this review has
been limited to the "S -P -1" zoning document for proposed new uses and regulations only.
The following changes arte needed with regard to parking:
a. It is likely, without floor area limitations, that the proposed retail uses will be deficient in
meeting the City's minimum standards for parking. In particular, limitation on floor area or
occupancy must be placed Health Clubs /Gyms and Sporting Goods. It is staffs opinion that
these two uses would be functionally deficient on parking if the whole building were
occupied.
b. Staff recommends that a reciprocal parking and cross - access agreement be executed and
filed in the County records to allow joint use parking between the properties. This should
insure adequate parking is available.
As part of an S -P -1 zoning request, the applicant may request different parking standards than
specified by the zoning ordinance. If proposed, it is the owner /applicants responsibility to insure that
those ratios are sufficient for the end user. In the absence of a modified parking ration proposal, all
parking regulations shall defer to the Zoning Ordinance No. 480, as amended.
Case No.
ZA05 -108
Attachment D
Page 1
Surrounding Property Owners
Lots 2 & 3, Block A, Commerce Business Park
4 1 5
1 I � � 9
10
2
Is
17 16 1 3 1 8 12
18 lal 25 26 + 27
19
24
13
14
20
21 LL LU
22 23 28 (D 15
EXC HA NG
34 33 32 31 30 29
Owner
Zoning
Land Use
Acreage
1. Stacey Real Estate Partner Ltd
S -P -1
Shopping Activities
2.554
2. Stacy, James R & Diane
S -P -1
Goods Storage / Handling
4.049
3. Marvin, H K
I -1
Goods Storage / Handling
0.935
4. Anderson, Stephen P
I -1
Office Activities
0.648
5. Holbrook, Thomas M & Lori S
S -13-1
Shopping Activities
0.751
6. 275 Comerce Ltd
I -1
Goods Storage / Handling
2.004
7. P & P Management
I -1
Goods Storage / Handling
2.153
8. Mannhart, Edwin
I -1
No Current Use
1.757
9. Pack, Rand
I -1
Goods Storage/ Ha dling
3.408
10. Dale, Frank
I -1
Goods Storage / Handling
1.594
11. Building on Faith Ltd
I -1
Goods Storage / Handling
1.572
Case No. Attachment E
ZA05 -094 Page 1
12.
Darr Equipment Operating Co.
I -1
Goods Storage
/ Handling
5.564
13.
Ram Interests, Lp
Rozes, Peter & Ke
I -1
Goods Storage / Handling
1.221
14.
Four Star Investments
1 -1
Goods Storage
/ Handling
1.300
15.
Commerce Business Park Jv
I -1
Goods Storage
/ Handling
3.950
16.
Ram Interests, Lp
I -1
Goods Storage
/ Handling
1.038
17.
Bb' & E Ltd
1 -1
Goods Storage
/ Handling
1.989
18.
Akp Management Llc
I -1
Goods Storage
/ Handling
1.442
19.
Amar Saini Corp
1 -1
Goods Storage
/ Handling
1.660
20.
Wang, Jeff Chaur -Tarn
I -1
Goods Storage
/ Handling
0.769
21.
Burchett, Larry H
1 -1
Goods Storage
/ Handling
0.808
22.
Market Loop Ltd
1 -1
Goods Storage
/ Handling
0.675
23.
Sl' Commerce/Exchange 11 Ltd
I -1
Goods Storage
/ Handling
1.634
24.
Tri Dal Excavation & Utilities
S -P -1
Goods Storage
/ Handling
6.669
25.
Taylor, Henry A & Carole F
I -1
Goods Storage
/ Handling
0.909
26.
Pack, Leon Tr
1 -1
Goods Storage
/ Handling
0.948
27.
Four Star Investments
I -1
Goods Storage
/ Handling
0.994
28.
Sl' Commerce/Exchange Ltd
I -1
Goods Storage
/ Handling
zn
1.634
29.
Pima Properties
I -1
Goods Storage
/ Handling
0.706
30.
Sl' Commerce/Exchange Ltd
I -1
Goods Storage
/ Handling
0.718
31.
Sl' Commerce/Exchange Ltd
I -1
Goods Storage
/ Handling
0.734
32.
Sl' Commerce/Exchange Ltd
I -1
Goods Storage
/ Handling
0.724
33.
Sl' Commerce/Exchange Ltd
I -1
Goods Storage
/ Handling
0.742
34.
Slj Commerce/Exchange Ltd
I -1
Goods Storage / Handling
0.647
Case No.
ZA05 -094
Attachment E
Page 2
Surrounding Property Owner Responses
Lots 2 & 3, Block A, Commerce Business Park
Notices Sent: Twenty -eight (28)
Responses: None (0)
Case No.
ZA05 -108
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -471
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 "I -1" LIGHT
INDUSTRIAL 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 "I -1" Light Industrial District
Case No. Attachment G
ZA05 -108 Page 1
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
Case No. Attachment G
ZA05 -108 Page 2
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 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 "I -1" Light Industrial 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 ",
Case No.
ZA05 -108
Attachment G
Page 3
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 tractor 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.
Case No. Attachment G
ZA05 -108 Page 4
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
Case No. Attachment G
ZA05 -108 Page 5
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 onetime 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 , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment G
ZA05 -108 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA05 -108
Attachment G
Page 7
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 3 88 -214, Page 60, Plat Records, Tarrant County, Texas, and
being approximately 4.26 acres.
Case No.
ZA05 -108
Attachment G
Page 8
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UR. PIAN
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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:
13. Health and physical fitness centers and gyms
14. Hobby shops
15. Furnishings- Household and office
16. Bicycle shops
17. Antique shops
18. Silk flowers manufacturing and sales
19. Sporting goods
20. Flooring sales and service
21. Lighting sales and service
22. Fabric sales and service
23. Design Center -Home and office
24. Indoor Training School
Development Regulations:
Shall comply with the "I -1" development regulations and as shown on the attached Site Plan
Exhibit.
Case No. Attachment G
ZA05 -108 Page 10