Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
April 25, 2012
CASE NO:ZA12-034
PROJECT:Zoning Change and Site Plan for 280 Sports
EXECUTIVE
SUMMARY:
280 Sports LLC is requesting approval of a Zoning Change and Site Plan from “S-P-
1” Detailed Site Plan Zoning District to “S-P-1” Detailed Site Plan Zoning District for
the purpose of adding “O-1” Office Zoning District uses to the existing permitted
uses on approximately 4.1 acres located at 280 Commerce Street. SPIN
Neighborhood #8.
REQUEST
DETAILS:
280 Sports LLC is requesting approval of a Zoning Change and Site Plan from “S-P-
1” Detailed Site Plan Zoning District with “I-1” Light Industrial Zoning District uses to
include retail furniture sales, indoor entertainment uses, pre-school and
kindergarten uses to “S-P-1” Detailed Site Plan Zoning District to include retail
furniture sales, indoor entertainment uses, pre-school & kindergarten uses and
allow for “O-1” Office Zoning District uses for the 280 Sports Complex located at
280 Commerce Street. The existing zoning allows for “I-1” Light Industrial uses in
addition to indoor entertainment, furniture sales and preschool & kindergarten uses
and other uses listed under Attachment ‘C’ of this report. The applicant has
indicated in a letter provided to staff that the purpose of this request is to add
support businesses for the facility such as chiropractors, physical therapists or
massage therapists which are permitted uses under the “O-1” Office District, all
other regulations of the zoning district are to remain the same. The “O-1” Office
District uses are listed under Attachment ‘C’ of this staff report.
st
ACTION NEEDED: 1) Consider 1 Reading Zoning Change and Site Plan Approval Request
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. 480-187c
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA12-034
BACKGROUND INFORMATION
OWNER/APPLICANT:
280 Sport LLC
PROPERTY SITUATION:
280 Commerce St.
LEGAL DESCRIPTION:
Lot 2R, Block B, Commerce Business Park Addition
LAND USE CATEGORY:
Industrial
CURRENT ZONING:
“S-P-1” Detailed Site Plan District
REQUESTED ZONING:
“S-P-1” Detailed Site Plan District
HISTORY:
- A Final Plat was approved for Commerce Business Park by the City of
Southlake on September 2, 1986.
- A Zoning Change and Site Plan for S-P-1 zoning was approved in
November of 1995 to allow “I-1” light industrial uses and regulations with
retail furniture sales.
- Amended Plat was approved in November 2001;
- A Zoning Change and Site Plan for S-P-1 zoning was approved October
2, 2007 to allow limited “I-1” light industrial uses and regulations with the
indoor sports/entrainment activities and training with ancillary supporting
retail services as depicted in the supporting plans and documentation.
- On February 17, 2009 the City Council approved a Zoning Change and
Planning Case ZA08-109
Site Plan under to include a preschool and
kindergarten use.
TRANSPORTATION
ASSESSMENT:
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan does not make any recommendations
adjacent to the site. Adequate right-of-way exists adjacent to the site.
Existing Area Roadway Network
The proposed development currently has two (2) drives intersecting with
Commerce Street, one (1) common access drive connecting to the property
to the south, and one (1) common access drive connecting to the property
to the north on the west side. Commerce Street is currently a 2-lane,
undivided roadway with curb and gutter. Commerce Street is a local
commercial street within the Commerce Business Park industrial
development.
PATHWAYS
MASTER PLAN:
The Pathways Master Plan does not make any recommendations adjacent
to this site. Sidewalks are required along all street frontages and have been
installed.
WATER & SEWER:
A 12-inch water line exists along the east side of Commerce Street. A 6-
inch sanitary sewer line exists along the west side of Commerce Street.
TREE PRESERVATION:
No trees will be affected by this proposal.
SOUTHLAKE 2030:
Consolidated Land Use Plan
The underlying land use designation is Industrial. The Industrial land use
Case No. Attachment A
ZA12-034 Page 1
includes manufacturing, processing, packaging, assembly, storage,
warehousing, and/or distribution of products as well as limited commercial
and retail activities if surrounding industrial uses do not pose hazards and
are sufficiently buffered.
PLANNING & ZONING
COMMISSION:
April 19, 2012; Approved (7-0) subject to a limit of 10,000 square feet of
O-1 office district uses and the staff report dated April 13, 2012.
STAFF COMMENTS:
Due to the limited nature of this request, no staff review summary has been
provided.
Case No. Attachment A
ZA12-034 Page 2
Case No. Attachment B
ZA12-034 Page 1
Plans and Support Information
Approved Site Plan
Case No. Attachment C
ZA12-034 Page 1
Letter to Staff
Case No. Attachment C
ZA12-034 Page 2
Currently Permitted Uses at 280 Sports Complex
1. Retail Sale of Furniture as depicted on the approved concept plan per Ordinance No. 480-187.
2. Indoor Entertainment Uses as depicted on the approved site plan per Ordinance No. 480-187a.
3. Preschool and Kindergarten
“I-1” Light Industrial Permitted Uses Other Permitted Uses
1. Bakery 1. Sport Classes: Gymnastics,
Cheerleading, Swimming, Karate, Golf
2. Cabinet Shop
and similar type classes
3. Candle Manufacturing
2. Bounce House
4. Candy Facility
3. Arcade and Café
5. Clothing Manufacturing
4. Gift Shop
6. Commercial School
5. Haircuts
7. Compounding of Cosmetics and
6. Indoor Playcare
Toiletries
7. Art
8. Ice Cream Manufacturing
8. Music
9. Janitorial or Cleaning Services
9. Photography
10. Mini Warehouses
10. Yoga
11. Store Fixture Sales
11. Educational Tutoring
12. Warehouses
12. Sports Enhancement Training
13. Community Facility Uses
13. Personal Training
14. and similar type uses
Case No. Attachment C
ZA12-034 Page 3
Requested Additional Permitted “O-1” Office Zoning District Uses
Office Uses
1. Accounting and tax preparation; 25. Physicians;
2. Adjustment and collection services;
26. Podiatrists;
3. Advertising agencies;
27. Psychiatrists;
4. Architecture;
28. Psychologists;
5. Banking;
29. Radio recording and television
6. Billpaying services; broadcasting offices and studios;
7. Business corporate headquarters (when 30. Real estate and insurance;
used for office purposes only);
31. Savings and Loan;
8. Business holding and investment services;
32. Securities and commodities brokers,
9. Chamber of Commerce; dealers, underwriters and exchange
offices;
10. Chiropractors;
33. Stenographic services;
11. Computer services;
34. Title companies;
12. Consumer and mercantile credit reporting;
35. Travel bureaus or services;
13. Contractors offices (provided no outside
storage or display is permitted); 36. Utility offices;
14. Dentists;
Community Facility Uses
15. Duplication and mailing services;
1. Public, semi-public and private parks;
16. Employment services;
2. Recreation and open space to include
17. Engineering;
playgrounds, parkways, greenbelts, ponds
18. Finance;
and lakes, botanical gardens, pedestrian
19. Interior design;
paths, bicycle paths, equestrian bridal trails,
20. Land surveying;
nature centers, and bird and wildlife
21. Law;
sanctuaries;
22. Management consultants;
3. Libraries;
23. Optometrists;
4. City halls, fire and police stations, and
other municipal uses; and
24. Other offices of a business and/or
professional nature providing services not
5. Other uses of a similar nature and
including the retail sale, fabrication,
character.
manufacture or production of goods or
merchandise.
Case No. Attachment C
ZA12-034 Page 2
Surrounding Property Owners
280 Sports
SPO # Owner Zoning Land Use Acreage Response
1. Anderson, Stephen P I1 Retail Commercial 0.65 NR
2. Holbrook, Thomas M & Lori S SP1 Retail Commercial 0.75 NR
3. 275 Comerce Ltd SP1 Industrial, Retail Commercial 2.00 NR
4. P & P Management SP1 Industrial 2.17 NR
5. Mannhart, Edwin SP1 Industrial 1.74 NR
6. Rozes, Peter & Kerry I1 Industrial 1.22 NR
7. Big L Inc I1 Industrial 1.30 NR
8. Commerce Business Park Jv I1 Industrial 3.95 NR
9. Stacey Real Estate Partner Ltd SP1 Industrial, Retail Commercial 2.55 NR
10. 280 Sport Llc SP1 Industrial 4.05 NR
11. H K Marvin Ltd Prtnshp I1 Industrial 0.93 NR
12. Ram Interests Lp I1 Industrial 1.04 NR
13. Bbj & E Ltd I1 Industrial 1.99 NR
14. Akp Management Llc I1 Industrial 1.44 NR
15. Amar Saini Corp I1 Industrial 1.66 NR
16. Wang, Jeff (Chaur-Tarng) I1 Industrial 0.77 NR
17. Jjk Management Llc I1 Industrial 0.81 NR
18. Market Loop Ltd I1 Industrial 0.68 NR
19. Rainier Southlake Dst I1 Industrial 1.63 NR
20. Tri Dal Excavation & Utilities SP1 Industrial 6.67 NR
21. Taylor, Henry A & Carole F I1 Industrial 0.91 NR
22. Pack, Leon Tr I1 Industrial 0.95 NR
23. Four Star Investments I1 Industrial 1.00 NR
24. Rainier Southlake Dst I1 Industrial 1.63 NR
25. Pima Properties Inc I1 Industrial 0.71 NR
26. Rainier Southlake Dst I1 Industrial 0.72 NR
27. Rainier Southlake Dst I1 Industrial 0.73 NR
28. Rainier Southlake Dst I1 Industrial 0.72 NR
29. Rainier Southlake Dst I1 Industrial 0.74 NR
30. Rainier Southlake Dst I1 Industrial 0.65 NR
31. Kim, James C SP2 Industrial, Retail Commercial 0.58 NR
Case No. Attachment D
ZA12-034 Page 1
SPO # Owner Zoning Land Use Acreage Response
Industrial, Office Commercial,
32. Coppell/Dtr Center Lp SP2 1.74
Retail Commercial NR
Industrial, Office Commercial,
33. Shurgard/Freemont Partners 11 SP2 4.67
Retail Commercial NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent:
Thirty-three (33)
Responses Received:
None (0)
Case No. Attachment D
ZA12-034 Page 2
Surrounding Property Owner Responses
NONE
Case No. Attachment E
ZA08-109 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-187c
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 2R, BLOCK B, COMMERCE BUSINESS PARK, BEING
APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT
WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL
FURNITURE SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT
USES, PRE-SCHOOL AND KINDERGARTEN USES, TO "S-P-1" DETAILED
SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES TO
INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS), INDOOR
ENTERTAINMENT USES, PRE-SCHOOL AND KINDERGARTEN USES AND “O-
1” OFFICE DISTRICT 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
Case No. Attachment F
ZA12-034 Page 1
WHEREAS
, the hereinafter described property is currently zoned as "S-P-1" Detailed Site
Plan District with "I-1" Light Industrial District uses to include retail furniture sales 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,
Case No. Attachment F
ZA12-034 Page 2
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 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,
Case No. Attachment F
ZA12-034 Page 3
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 legally described as Lot 2R, Block B, Commerce Business Park, an addition
to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 7211, Plat Records, Tarrant County, Texas, being approximately
4.15 acres, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "S-P-1" Detailed Site Plan District with "I-1" Light
Industrial District Uses to include retail furniture sales (as currently exists) and
indoor entertainment uses to "S-P-1" Detailed Site Plan District with "I-1" Light
Industrial District Uses to include retail furniture sales (as currently exists) indoor
entertainment uses, pre-school and kindergarten as depicted on the approved Site
Plan attached hereto and “O-1” Office District Uses and incorporated herein as
Exhibit "B", and subject to the following specific conditions and any prior
conditions approved by City Council pertaining to this property and its operation:
1.
The following conditions are part of approved Planning Case ZA08-109
(Ordinance No. 480-187B) and shall still be required with this revised ordinance.
The conditions are as follows:
1.
Granting the requested variance for the reduction of the landscaping and
parking island, and subject to the Staff Report dated January 2, 2009.
2. This use will be limited to the 6,000 s.f. as proposed in the revised site plan
received on February 3, 2009; the playground equipment must be installed to
meet City code and requirements.
3. Installation of Japanese holly outside the fence that will eventually grow six feet
in height; requiring the installation of a wrought iron fence which would be
anchored as presented except that the applicant will add stone columns in
accordance with existing spacing that already exists on the rest of the building
with no less than four columns.
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.
Case No. Attachment F
ZA12-034 Page 4
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.
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.
Case No. Attachment F
ZA12-034 Page 5
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
Case No. Attachment F
ZA12-034 Page 6
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.
ST
PASSED AND APPROVED on the 1st reading the 1 day of May, 2012.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the 15 day of May, 2012.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
________________________________
CITY ATTORNEY
DATE:___________________________
Case No. Attachment F
ZA12-034 Page 7
ADOPTED:________________________
EFFECTIVE:______________________
Case No. Attachment F
ZA12-034 Page 8
EXHIBIT "A"
Being legally described as Lot 2R, Block B, Commerce Business Park, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7211, Plat
Records, Tarrant County, Texas, being approximately 4.15 acres.
Case No. Attachment F
ZA12-034 Page 9
EXHIBIT "B"
Reserved for approved Site Plan and Zoning Regulations
Case No. Attachment F
ZA12-034 Page 10